Mendota Heights City Zoning Code
CHAPTER 3
ALLOWED USES
12-3A-1: USES CONTAINED IN THIS CHAPTER:
A. Purpose. This Chapter is intended to describe the land uses that are permitted; permitted provided certain performance standards or requirements are met; permitted with a conditional or interim use permit; or that are prohibited within the City.
B. Uses within the Base Zoning District. This Chapter is organized to establish the allowed and prohibited uses by Base Zoning District. All properties and land within the City have been assigned a Base Zoning District that shall regulate the uses contained within this Chapter.
C. Uses within an Overlay District. Properties fully or partially contained within an Overlay District may be subject to additional standards, requirements, or prohibitions regarding use. Established uses are categorized by the Base Zoning District, with additional restrictions, regulations or prohibitions provided in the applicable Overlay District following the Table of Uses.
D. Required Permits and Process. If a use requires an Administrative, Conditional, Interim or Administrative Permit the process shall be followed as described in Chapter [5] of this Zoning Ordinance. (Ord. 592, 9-17-2024)
12-3A-2: USES NOT IDENTIFIED IN THIS CHAPTER:
A. Uses not identified in this Chapter. If a proposed use is not specifically identified, permitted or prohibited in any Base Zoning District, the use shall be considered prohibited. In such case, the following steps may be taken to consider a Text Amendment to this Chapter:
1. The City Council or Planning Commission, on their own initiative, may conduct a study to determine if the use is acceptable, and if so, initiate a Text Amendment.
2. The Applicant, and the Fee Owner of the property if different, may make an application to the City to consider an amendment to this Chapter.
3. When a valid request, as established by subsection 1 or 2, is made for a Text Amendment the City shall initiate a study to determine if the use is appropriate, and if so, what Base Zoning District is most appropriate. The study shall also include any conditions and standards relating to the use.
4. The Zoning Text Amendment Process shall follow the process as established in Section [12-5B-3] of this Zoning Ordinance. (Ord. 592, 9-17-2024)
12-3A-3: GENERAL STANDARDS APPLICABLE FOR USES:
A. Other Agencies with Jurisdiction of Uses in the City. In addition to the standards and regulations established by the City contained within this Chapter, any use of property must comply with the standards established by other regulatory agencies and authorities that may have jurisdiction over the use. It is the Applicant or Property Owner’s responsibility to comply with any required regulations, standards and permitting of other agencies. The following list of other agencies are provided as reference, but such list may not be all inclusive.
1. Minnesota Department of Natural Resources (MnDNR), Minnesota Pollution Control Agency (MPCA), Minnesota Department of Health, Minnesota Board of Water and Soil Resources, Minnesota Department of Transportation (MnDOT), Minnesota Department of Agriculture, Dakota County, Federal Communications Commission (FCC). (Ord. 592, 9-17-2024)
12-3B-1: TABLE OF USES:
A. Table of Uses. The following Table [12-3B-1.1] Table of Uses is organized by Use Type/Classification and Base Zoning District. The Table of Uses classifies the identified use as either permitted, permitted through regulation, requirement, permit or prohibited.
B. Establishing Principal Use. The Table of Uses generally identifies principal uses of property except the subsection which explicitly identifies Accessory Uses. Each property must establish a Principal Use; however more than one use of a property may exist. In all cases the proper permits must be obtained for any principal or accessory uses of a property. It should be noted that if a mix of uses is present on a property the property may be subject to a Planned Unit Development (PUD).
P Permitted Principal Use
CUP Conditional Use Permit
IUP Interim Use Permit
AP Administrative Permit
blank Prohibited
*Note: If a use is not identified on the Table, then it is prohibited.
12-3B-2: USE SPECIFIC REGULATIONS:
A. Minimum Standards Established. The following Use Specific Regulations are established as minimum requirements. Any use identified on [12-3B-1.1 Table of Uses
] that requires an Interim Use Permit or Conditional Use Permit may be subject to additional reasonable conditions as established during the applicable permitting process.
B. Applicability. All uses must comply with the rules and regulations of the Base Zoning District, and any applicable Overlay District. Any use must also meet the rules and regulations of any other applicable agencies with jurisdiction of the subject use including local, State and Federal Agencies. (Ord. 592, 9-17-2024)
12-3B-3: RESIDENTIAL USE SPECIFIC REGULATIONS:
A. General Residential Standards. The City has determined that a variety of residential uses are permitted or permitted with certain conditions provided certain standards and regulations are met, and that proper permitting and processes are followed. The following standards are applicable to all uses identified in the RE, R-1, R-2 and R-3 Base Zoning Districts:
1. A principal residential use shall be present on each property.
2. Separate licenses or permits, which may be regulated by other Titles or Chapters of the City Code may be applicable and it is the responsibility of the Owner to obtain all necessary or required permits.
3. Accessory uses must be clearly incidental to the principal residential use.
B. Specific Residential Use Standards: The following specific use standards are established for Residential Uses as identified on the Table of Uses [12-3B-1.1]
and are organized alphabetically.
1. Customized (Assisted) Living Facilities . The following standards are established:
a. The assisted living facility is state licensed.
b. A maximum of seven (7) persons (not including the facility manager and professional care attendants) may reside on the premises.
c. A maximum of six (6) sleeping rooms (not including rooms utilized by the house manager and professional care attendants) per facility.
d. Facility residents must be 65 years of age or older.
e. The Applicant must provide proof that room size meets current state licensing standards for two (2) persons.
f. Facilities shall only be constructed or altered in a manner that is consistent with the single-family character of the neighborhood.
g. The property must be compliant with the City’s property maintenance code, as well as other applicable municipal codes, including, but not limited to, minimum parking requirements.
2. Farming Operations. All existing farms will be permitted to continue operation after the abolition of the Farm Residence District within the City, subject to the following conditions:
a. Agriculture Permitted; Exceptions: Agriculture, excepting commercial animal farms, fur farms, kennels and poultry farms, but including truck gardening and other horticultural uses, and horses for use of the occupants of the premises, is a permitted use in the district in which an existing operation or private stable is located; provided, that any new private stable or other new building in which farm animals are kept shall be a distance of 100-feet or more from any other lot in an R District.
b. Sales Of Agricultural Products. Limited sales of products produced may be conducted on the premises from a roadside stand, but such stand shall not exceed one story in height or 500 square feet in floor area, and no portion of any such stand shall be located or erected nearer than 50-feet from any street line.
3. State Licensed Residential Program. The following standards are established:
a. Must be a licensed program with capacity from seven (7) through 16 persons.
b. Must obtain a Conditional Use Permit.
c. The City Council may set reasonable conditions deemed necessary to assure proper maintenance and operation of a residential program that protects the health and safety of the residents of the facility. (Ord. 592, 9-17-2024)
12-3B-4: BUSINESS/COMMERCIAL USE SPECIFIC REGULATIONS:
A. General Standards. The City has determined that the following uses are permitted provided certain regulations and standards are met, and that proper permitting and processes are followed. The following standards shall be applicable to all uses identified in the Neighborhood Business and General Commercial Zoning Districts:
1. Any non-residential principal use shall meet the following minimum requirements, regardless of Base Zoning District:
a. Non-residential Principal Use: A minimum setback of 50-feet from all property lines abutting a Residential Base Zoning District or established residential use.
b. Any Use or Structure associated with the keeping of animals: 100-feet setback from all property lines abutting a Residential Base Zoning District or established residential use.
c. A Site Plan must be submitted for review and approval for any proposed changes or modifications to the exterior of building, site, or for a change in use, as established in Section [12-5B-4
].
B. Specific Business/Commercial Use Standards. The following specific use standards are established for Business/Commercial Uses as identified on the Table of Uses [12-3B-1.1]
and are organized alphabetically.
1. Adult Uses.
a. Intent and Purpose.
(1) The City Council for the City of Mendota Heights deems it necessary to provide for the special and express regulation of businesses or commercial enterprises which operate as adult uses and similar sexually-oriented services operating under different names in order to protect the public health, safety and welfare, and to guard against the inception and transmission of disease.
(2) The City Council also finds the nature of Adult Uses is such that they are recognized as having adverse secondary characteristics, particularly when they are accessible to minors and located near residential property or related residential uses such as Schools, Daycare Centers, Libraries or Parks. Furthermore, the concentration of Adult Uses has an adverse effect upon the use and enjoyment of adjacent areas. The nature of Adult Uses requires that they not be allowed within certain zoning districts, or within minimum distances from each other or residential uses. Special regulation of Adult Uses is necessary to ensure that the adverse secondary effects will not contribute or enhance criminal activity in the area of such uses nor will it contribute to the blighting or downgrading of the surrounding property and the lessening of its value.
(3) The City Council further finds that control and regulation of commercial establishments of these types, in view of the abuses often perpetrated, require intensive efforts by the police department and other departments of the City. As a consequence, the concentrated use of City services in such control detracts from and reduces the level of service available to the rest of the community and thereby diminishes the ability of the City to promote the general health, welfare, morals and safety of the community. In consideration for the necessity on the part of the City to provide numerous services to all segments of the community without a concentration of public services in one area working to the detriment of the members of the general public, it is hereby decided that the above described uses should be limited to the I-Industrial Zoning Districts as a Conditional Use only.
b. Definitions. The Definitions applicable to Adult Uses are established within [Chapter 8] and are categorized as Adult Uses.
c. Standards. Adult Uses shall be permitted by a Conditional Use Permit only, and in accordance with City Code [Section 12-5B-5
] of this Zoning Ordinance and subject to the following conditions:
(1) Conditional Use. The provisions and standards of Section [12-5B-5
] are fully considered and satisfactorily met.
(2) Location. Adult Uses shall be located at least 600 radial feet, as measured in a straight line from the closest point to the property line of the building upon which the Adult Use is located to the property line of the following uses or areas:
(A) Any Residential Base Zoning District(s) and any established residential use(s).
(B) Any building which is utilized for residential purposes.
(C) Licensed daycare centers, pre-school and/or nursery schools.
(D) An elementary, middle or secondary school.
(E) A government building.
(F) A public park, pool or community center.
(G) A commercial recreational use.
(H) A church, chapel, temple, synagogue or faith-based place.
(I) Another Adult Use.
(3) Single Uses Only. Each Adult Use activity, as defined by this Chapter, shall be classified as a single use. No two Adult Uses shall be located in the same building or upon the same property, except that adult bookstores, motion picture rental and sales and novelty sales may be permitted in combination in the same building.
(4) Any related retail sales services area for an allowed Adult Use shall meet the provisions and standards of Section [12-3B-7
] Accessory, enclosed retail sales.
(5) Signs. In order to protect children from exposure to lurid signs and materials and in order to preserve the value of property surrounding adult-oriented uses and business, the following sign regulations shall apply to all Adult Uses in the City:
(2) No sign shall be freestanding, located on the roof, or contain any flashing lights, moving elements, electronically or mechanically changing messages, or manual reader boards.
(3) No sign shall contain any message or image that identifies specified sexual activities or specified anatomical areas as defined herein.
(4) No merchandise, photos, or pictures of the products or entertainment on the premises shall be displayed in window areas or any area where they can be viewed from the sidewalk or public right-of-way adjoining the building or structure in which the sexually oriented business is located.
(5) No signs shall be placed in any window. A one-square-foot sign may be placed on the door to state hours of operation and admittance to adults only.
d. Prohibited with Certain Entertainments. Adult use activities shall be prohibited at any public show, movie, caravan, circus, carnival, theatrical, or other performance or exhibition presented to the general public where minors are permitted.
e. Hours To Be Closed. No Adult Uses as defined in this article, shall be open for business between the hours of 1:00 AM to 8:00 AM.
f. City Licenses. Nothing in this Article shall be construed to abrogate any Adult Use operation from obtaining any and all necessary State and City licenses for such operation.
g. Adult-oriented businesses or adult-oriented uses shall be prohibited in any establishment where alcoholic beverages are licensed or served.
h. Obscene Activities Prohibited. Activities classified as obscene, as defined by Minnesota Statutes Section [617.241] are not permitted and are strictly prohibited.
2. Animal Hospital (Cat Clinic, veterinary clinic, similar).
a. As used hereunder, the term “animal hospital or veterinary clinic” shall be deemed to mean a facility for the diagnosis, treatment and medical care of small animals, in which all professional services are conducted within an enclosed building, and which includes the kenneling of animals. The term “cat clinic” shall be deemed to mean a facility for the diagnosis, treatment and medical care of domestic cats only.
b. Any Conditional Use Permit for an animal hospital, cat clinic, veterinary clinic or similar shall be subject to the following conditions:
(1) Noise. No noise from the operation of the facility shall be discernible beyond the boundaries of the lot on which the use is conducted.
(2) Odors. Odor control shall consist of a ventilation system designed so that no odors or organisms will spread between wards or to the outside air. An air conditioning system may be required, with windows double glazed with fixed sash.
(3) Dead Animal Storage and Disposal. An approved system shall be provided for the storage and disposal of dead animals off the premises.
(4) Large Dog Facilities. Large dog facilities for indoor exercise of such animals shall be provided. No outside pens shall be permitted.
(5) Screening and Landscaping. When abutting a Residential Base Zoning District, an approved screening and landscaping plan shall be filed and developed along the property boundary lines that abut the R District.
(6) Hours of Operation. Hours during which the facility will be open to the public for the receiving and pick up of animals shall be approved by the City Council to ensure compatibility with surrounding land uses.
(7) Off Street Parking. Off street parking facilities shall be provided, of at least the ratio required for professional offices under [12-4A-9
] of this title.
(8) Live In Facility. An animal hospital may include a live-in facility to permit a staff member to be on the premises 24-hours per day. Such facility shall be limited to six hundred twenty (620) square feet of floor space.
3. Brewery, Cidery or Micro-Distillery. A brewery, cidery, or micro-distillery must comply with the following standards and regulations:
a. A full operations plan must be submitted with the application to describe, at a minimum, the hours of operations, number of employees, events/tours plans, etc.
b. Any proposed food service must be accessory to the proposed use as a brewery, cidery, or micro-distillery unless a separate permit (if applicable) is obtained for restaurant services.
c. Sale of retail goods that support the business must be promotional branded/directly applicable to the operations.
d. Any proposed brewery, cidery or micro-distillery must comply with the standards established within the Minnesota State Statutes for operations including on and off sale standards, licensing, etc.
e. Production and/or operations that exceed the micro-distillery standard as established by the applicable Minnesota State Statute are not permitted.
4. Commercial Recreation, Outdoor. The following conditions must be met:
a. The outdoor commercial recreation use must be accessory to a permitted or conditionally permitted principal use.
b. Outdoor recreation uses must be compatible and consistent with the principal use.
c. Adequate parking, that complies with Section [12-4A-9
] must be provided on site. The total area used for the outdoor commercial recreation use shall be used to determine the required number of stalls.
d. A site plan must be submitted to show the site layout, type and location of outdoor recreation uses proposed, the parking configuration, any proposed exterior lighting locations, and proposed landscaping.
e. An operations plan must be submitted that includes the proposed hours of operation.
5. Drive-thru/Drive-In Business.
a. Site Requirements.
(1) Access. The facility shall be located on a site having direct access to a minor arterial street, collector or service road.
(2) Lot Area. Minimum lot area shall be one-half acre.
(3) Parking, Driveways and Drive through facilities.
(A) Setbacks. All portions of the drive through facilities including, but not limited to, service windows, ordering stations and stacking spaces, shall be set back at least 200-feet from any property zoned or guided for residential uses; unless screened by an intervening building or located across an arterial or major collector street.
(B) Parking and driveway areas shall be at least 15-feet from any exterior property line.
(C) There shall be required one parking space for each employee per shift in addition to at least one parking space for each 15 square feet of gross floor area in the building as per [Table 12-4A-7.3
], entry reading “drive-in and fast food restaurant”.
(D) Required Stacking Spaces.
i Businesses with one drive through lane must provide stacking space for at least four vehicles, and businesses with two or more drive through lanes must provide stacking space for at least six vehicles total as measured from the pick-up station. Stacking spaces must not interfere with parking spaces or traffic circulation.
(4) Landscaping and Lighting. A landscaping and lighting plan shall be submitted for approval.
(5) Screening and Fencing. If the drive through facilities abuts a Residential Base Zoning District, a landscaping screen or fence must be constructed to screen all elements of the drive through service area. If a fence is installed it must be six feet (6') tall and must be constructed to a minimum of 80-percent opacity. A fence is not required in the front yard.
(6) Food, goods and services are permitted within a drive through business operation. No alcoholic beverages may be sold or served within a drive through or drive-in business.
(7) Signs.
(A) Banners, pennants and other similar promotional devices shall not be permitted.
(8) Exterior Materials of Structures. All structures shall be finished, and the materials must be compatible and visually consistent to create a cohesive appearance.
6. Hotel/Motel.
a. Any hotel or motel may be a maximum of 60-feet in height.
b. Hotel or motel operations must include 24-hour on-site management and/or staff.
c. A security and operations plan must be submitted for review and approval as part of the permit process. Any change in management or operations shall be submitted to the City for review of compliance with the Conditional Use Permit and any other applicable permit.
7. Motor Fuel Stations and Motor Fuel Station Convenience Stores.
a. Conditional Use Permit Required. All motor fuel stations and motor fuel station convenience stores shall require the issuance of a Conditional Use Permit as per Table [12-3B-1.1] Table of Use
s of this Chapter.
b. Compliance With State Regulations; Flammable Liquids.
(1) Any building used as a motor fuel station or convenience store shall be constructed and maintained as required by the rules and regulations relating to the State Fire Marshal governing the handling, storage and transportation of flammable liquids.
(2) Every facility, whether underground or aboveground and whether indoors or outdoors, for the handling, storage, and movement of flammable liquids shall be constructed and maintained in accordance with the rules and regulations of the State Fire Marshal.
c. Yards and Setbacks.
(1) Notwithstanding anything to the contrary in other Sections of this Chapter, the following minimum requirements shall be observed for yards and setbacks of motor fuel stations and convenience stores:
(2) Each side abutting a public street shall be considered a front yard.
(3) A setback of any overhead canopy structure, whether freestanding or projecting from the station, must be setback a minimum of 20- feet from the street right-of-way line and from any adjacent property line. If abutting a residential use, the setback must comply with Section [12-3B-4
.A.1].
d. Height Limit. Total height of any overhead canopy or weather projection shall not exceed 20-feet.
e. Parking And Driveways.
(1) The surface parking and service areas, except for access driveways, must be setback a minimum of 20-feet from any exterior property line.
(2) Entire motor fuel station site other than that part devoted to landscaping and structures shall be surfaced with asphalt or cement concrete surfacing to control dust and provide adequate drainage, and such surfaces shall be designed to fit the requirements of a minimum seven (7) ton axle load.
(3) All interior curbs shall be constructed within the property lines to separate driving, parking and service areas from landscape and the public right-of-way areas. Such curbing shall be constructed of concrete and shall be of a six inch (6") insurmountable design.
(4) The minimum distance between driveways shall be 30-feet measured along the property line.
(5) The minimum driveway angle shall be 45 degrees.
(6) All surface parking spaces must be located in the side and/or rear of the principal structure and may not be adjacent to the street.
(7) A minimum of four (4) outside parking spaces plus three (3) additional outside parking spaces for each enclosed service stall shall be provided. One additional outside space shall be provided for each 150 square feet of floor space devoted to retail sales in a motor fuel station convenience store. In the case of rental of trailers, trucks and other vehicles, one parking space shall be provided for each rental unit.
(8) Access and parking areas shall be designed to provide an adequate means of access to a public alley or street. Said driveway access may not exceed 30-feet in width at the public street right-of-way line and must be limited to cause the least interference with the traffic movement. All public parking areas shall have access off driveways and not directly off a public street. All outside parking spaces shall be clearly marked on the pavement.
f. Storage and Sale of Vehicles and Products.
(1) All rental campers, trailers, or motor vehicles must be stored within the rear and/or side yard and may not be stored or parked adjacent to a public street.
(2) Service station premises shall not be used as a place of storage for wrecked, abandoned or junked automobiles. No motor vehicle in need of repair shall be stored on the premises of a service station for a continuous period of more than seven (7) days, except when so stored pursuant to a police directive.
(3) Open storage of inoperable motor vehicles is not permitted for a period of more than forty eight (48) hours.
(4) Service station premises may be used as a place of sale or resale, or as a place for display for sale or resale, of new or used motor vehicles with a gross vehicle weight of 10,000 pounds or less, subject to the following standards:
(A) Only businesses that provide on-site automotive repairs will be licensed to conduct such vehicle sales;
(B) No vehicles shall be marked or have any visible signs indicating “For Sale” or similar;
(C) Vehicles for sale under this provision will be limited to a maximum of two (2) vehicles on the site;
(D) Vehicles for sale shall not be placed in any front yard setback (including a corner front yard) of the subject property, and vehicles must be stored in an inconspicuous area of the property as approved by the Zoning Administrator.
(5) All goods for sale by the motor fuel station or convenience store shall be displayed within the principal structure. Outside display or sales is not permitted.
(6) Tires for sale may not be stored or displayed outside the service station structure, except: a) in a display rack during business hours; or b) in a permanent outside display container that is completely enclosable, which must be located in conformance with the setback requirements of this Chapter. Such display container must be closed when the station is not open for business.
g. Architecture and Landscaping.
(1) A minimum of a 20-feet landscaped yard shall be planted and maintained within all property lines except at driveway entrances.
(2) Each motor fuel station shall be architecturally designed to be compatible with the general architectural intent of the area in which it is located.
(3) For the purposes of architectural appropriateness, every side of the motor fuel station is considered a front face.
(4) Wherever a motor fuel station abuts a Residential Base Zoning District, a fence or compact evergreen hedge that is a minimum of 50 percent opaque and a minimum of six feet (6') high must be erected and maintained along any property line that abuts the Residential Base Zone District. A compact evergreen hedge or fence within 15-feet of any street right-of-way line is not required.
h. Lighting. All outdoor illumination shall be provided with lenses, reflectors or shades which shall concentrate the light upon the premises to prevent any glare or rays of light being directly visible upon adjacent street or roadway, or adjacent property. Site lighting must comply with Section [12-4D-3] of this title.
i. Debris, Trash and Waste.
(1) Used oil cans, discarded auto parts, discarded tires, trash, waste materials, and similar items of debris shall not be stored on service station premises, unless such items of debris are located in an enclosure and are completely out of public view. Such debris shall be removed from the premises at least once a week.
(2) No materials shall be burned on the premises of a service station, except in an approved commercial incinerator complying with the ordinances of the City. Barrels and similar containers shall not be used for incineration.
8. Residential Programs for Treatment of Chemically Dependent Adults. In reviewing a Conditional Use Permit for such a facility, the City Council shall consider the following:
a. The program shall at all times hold and be entitled to a valid license from the Minnesota Department of Human Services.
b. A maximum of ten (10) adults may reside at the facility.
c. All residents must be of the same gender.
d. 24-hour supervision must be provided for all residents.
e. No person whose residency is imposed by court order is allowed to reside at the facility.
f. A maximum of 30 days within one year commencing with the resident’s first day of admission is permitted. No more than three (3) such admissions per resident are permitted during said year.
g. The facility must be designed to meet all requirements regarding utilities and on-site parking to support the operations and estimated number of residents.
h. The City Council may apply any other reasonable conditions based on the proposed operation.
i. The admitted residents must have the primary diagnosis of chemical dependency.
j. Residential treatment facilities must occupy a building that are not used for any other purpose.
9. Retail Sales and Services. Retail sales and services are any establishments where goods or services are bought and sold, and where patrons and customers visit the location. Examples of retail sales and services include, but are not limited to, clothing stores, jewelry shops, shoe stores, hair salons/barber shops, craft stores, grocery stores, etc. The level of activity generally corresponds to the size of the store or shop and clients and/or customers predominantly visit in person. All retail sales and service operations must comply with the following standards.
a. General Standards.
(1) All proposed retail operations must provide adequate parking for employees and customers. Required parking must be accommodated on-site, and any shared parking agreements must be reviewed and approved by the City. Required parking ratios are established in Table [12-4A-7.3
] of this Zoning Ordinance.
(2) Parking areas may be set back ten feet (10') from a front property line or side property line abutting a street provided all Principal Building Setbacks are met.
(3) Any required parking proposed to be met through a shared parking lot, must be granted and agreed to into perpetuity and recorded by a covenant, deed restriction, or other agreement acceptable to the City.
(4) Open to the Public. To be considered a Retail Sales or Service business, a minimum of ten percent (10%) of the floor area must be open to the public.
(5) Landscaping. At least 25 percent of the land area shall be landscaped with grass, approved ground cover, shrubbery and trees. All lots within the proposed retail sales and service complex development may be calculated together to meet the 25 percent requirement.
(6) Flexibility in Site Setbacks. Building setbacks may be reduced to 35-feet from a front property line or side property line. Building setbacks may be reduced to 40-feet from a rear property line. Setbacks to interior side property lines (not abutting a street) may be reduced to zero (0).
(7) Samples of exterior finishes must be submitted with the Site Plan application for review and approval by the City.
b. Retail and Service Uses less than 15,000 Square Feet.
(1) Proposed buildings and reuse of existing buildings must be consistent with the surrounding neighborhood character.
(A) Building and site design should encourage a walkable, pedestrian friendly scale using signs, awnings, planters and other streetscape elements.
(B) The front facing primary façade may not include a span longer than 25-feet without a plane break. The break may include a change in materials, actual offset of the building plane, or other architectural detail that visually breaks the façade.
(C) The main entrance or front door must be defined and clearly articulated. Porticos, columns, awnings, signage, shopfronts, windows, and other types of architectural detail should be incorporated consistent with the architecture of the building.
c. Retail and Service Uses greater than 15,000 Square Feet, including multi-tenant or mixed use buildings.
(1.) Site Requirements. The retail sales and service complex must be located adjacent to an interstate highway and within 300-feet of an interchange entrance or exit ramp with such highway. The site may be comprised of more than one lot but the lot area for each retail user may not exceed one acre.
(2) Mix of Uses. Any retail building must contain a minimum of two (2) tenants or uses.
(3) Signage. Approved signage shall be based on the overall size of the retail sales and service complex but flexibility may be granted to allow more than one sign on a particular lot that is part of the retail sales and service complex. Freestanding or pylon signs may be located at least ten feet (10') from a front property line or side yard abutting a public street and interior side property lines. Pylon signage may be permitted provided that signage included in any retail sales and service complex located along I-494 shall be no higher than 915-feet above mean sea level. (Ord. 592, 9-17-2024)
12-3B-5: INDUSTRIAL, TRANSPORTATION AND UTILITY USE SPECIFIC REGULATIONS:
A. General Standards. The City has determined that the following uses are permitted provided certain regulations and standards are met, and that proper permitting and processes are followed. The following standards shall be applicable to all uses identified in the Industrial, Transportation and Utility Zoning Districts:
1. Any non-residential principal use shall meet the following minimum requirements, regardless of Base Zoning District.
a. Principal Non-residential Use. 50-feet setback from all property lines abutting a Residential Base Zoning District or established residential use.
b. Any Use or Structure associated with the keeping of animals. 100-feet setback from all property lines abutting a Residential Base Zoning District or established residential use.
c. A Site Plan must be submitted for review and approval for any proposed changes or modifications to the exterior of building, site or a change in use, as established in Section [12-5B-4
].
B. Specific Industrial, Transportation & Utility Use Standards. The following specific use standards are established for Industrial, Transportation & Utility Uses as identified on the Table of Uses
[12-3B-1.1] and are organized alphabetically.
1. Alternative Energy Systems.
a. Solar Energy Systems. Solar energy systems are allowed with an appropriate permit in all Base Zoning Districts subject to the following regulations:
(1) Building Permit. No solar energy system shall be erected, altered, improved, reconstructed, maintained, or moved without obtaining a building permit.
(2) Exemptions. The following systems shall be exempt from the requirements of this Section and shall be regulated as any other building element requiring a building permit:
(A) Building integrated solar energy systems.
(B) Passive solar energy systems.
(3) Roof Mounted System.
(A) Height. The maximum height of the system shall not exceed the structure height requirements in the applicable Base Zoning District.
(B) Setbacks. The system shall comply with all building setback requirements in the applicable Base Zoning District and shall not extend beyond the exterior perimeter of the building on which the system is mounted.
(C) Mounting. The system shall be flush mounted on pitched roofs or may be bracket mounted on flat roofs. Bracket mounted collectors shall only be permitted when a determination is provided by a licensed professional qualified to certify that the underlying roof structure will support loading requirements and all applicable building standards are satisfied.
(D) Maximum Area. The system shall not cover more than 80 percent of the roof section upon which the panels are mounted.
(4) Ground Mounted Systems.
(A) Height. The maximum height of the system shall not exceed 15-feet in height from the average natural grade at the base of the system.
(B) Setbacks. The system shall be set back a minimum of 15-feet from all property boundary lines and 30-feet from all dwellings located on adjacent lots, including any appurtenant equipment.
(C) Location. The systems shall be limited to rear yards in all Base Zoning Districts.
(D) Maximum Area.
i. Residential Districts. The system shall be limited in size to the maximum requirement allowed for accessory structures.
ii. Business and Industrial Districts. The system shall be limited in size to a maximum of 25 percent of the rear or side yard in which the system is located.
(E) Reclamation. Upon abandonment or decommissioning and removal of the system, the disturbed area shall be restored to an appearance that is compatible with the surrounding area.
(5) Screening. Solar energy systems shall be screened from view to the extent possible without impacting their function. Systems located within the business and industrial zoning districts may be required to comply with the standards in Section [12-4D-1
.D.7] where practical.
(6) Color. Solar energy systems shall use colors that are visually compatible with the color of the roof material on which the system is mounted or other structures.
(7) Glare. Reflection angles from collector surfaces must be oriented away from neighboring windows and minimize glare toward vehicular traffic and adjacent properties. Where necessary, the City may require additional screening to mitigate glare.
(8) Utility Connection.
(A) All utilities must be installed underground.
(B) An exterior utility disconnect switch must be installed at the electric meter serving the property.
(C) Solar energy systems must be grounded to protect against natural lightning strikes in conformance with the national electrical code.
(D) No solar energy system shall be interconnected with a local electrical utility company until the company has provided the appropriate authorization to the City, in compliance with the national electrical code.
(9) Safety.
(A) Standards. Solar energy systems shall meet the minimum standards outlined by the International Electrotechnical Commission (IEC), the American Society Of Heating, Refrigerating, And Air-Conditioning Engineers (ASHRAE), ASTM International, British Standards Institution (BSI), International Organization For Standardization (ISO), Underwriters Laboratories (UL), the Solar Rating And Certification Corporation (SRCC) or other standards as determined by the City building official.
(B) Certification. Solar energy systems shall be certified by Underwriters Laboratories, Inc., and the National Renewable Energy Laboratory, the Solar Rating And Certification Corporation or other body as determined by the community development director. The City reserves the right to deny a building permit for proposed solar energy systems deemed to have inadequate certification.
(10) Easements. Solar energy systems shall not encroach upon any public drainage, utility, roadway, or trail easements.
(11) Abandonment. Any solar energy system which remains nonfunctional or inoperable for a continuous period of 12 months shall be deemed to be abandoned and shall be deemed a public nuisance. The owners shall remove the abandoned system, including the entire structure and transmission equipment, at their expense after obtaining a demolition permit.
b. Variance. Any required standard in this Section that cannot be met may be considered by a Variance Request, in accordance with [Section 12-5B-7
] and considering the following criteria unique to solar energy systems:
(1) That the deviation is required to allow for the improved operation of the solar energy system;
(2) That the solar energy system has a net energy gain;
(3) That the solar energy system does not adversely affect solar access to adjacent properties;
(4) That the solar energy system complies with all other engineering, building, safety, and fire regulations; and
(5) That the solar energy system is found to not have adverse impacts on the area, including the health, safety, and general welfare of the public.
2. Dog Training Facility. A dog training facility is permitted as shown in [12-3B-1.1 Table of Uses
], provided that:
a. Screening and Landscaping. When abutting a Base Residential Zoning District, an approved screening and landscaping plan shall be filed and developed along the property boundary lines.
b. Noise. No noise from the operation of the facility shall be discernible beyond the boundaries of the lot on which the use is conducted.
c. Odors. Odor control must include a ventilation system designed so that no odors or organisms will spread between tenant spaces, wards or to the outside air.
d. Hours of Operation. The City Council must approve the hours of operation to ensure compatibility with surrounding land uses.
e. Restrooms. An enclosed building with restrooms to support the facility and operations is required.
f. Outdoor Areas. No permanent outdoor pens are allowed with the exception of a separate outdoor relief area. Any outdoor areas to be used for the animal training facility, including any relief areas, shall be completely enclosed with a fence that is at least four feet (4') in height, or all dogs utilizing an outdoor area shall be leashed at all times. No animals shall remain unattended in outdoor areas.
g. Waste Removal. Outdoor areas shall be maintained in a clean and sanitary condition at all times. Solid waste material shall be removed daily and disposed of in dedicated waste containers and in a sanitary manner.
h. Boarding. The overnight boarding of dogs is not to be permitted.
3. Essential Services.
a. Permitted Essential Services. Permitted essential services shall be a permitted use as authorized and regulated by State law and ordinances of the City in all Base Zoning Districts, provided they do not fall within Subsection [2] of this Section.
b. Essential Services Requiring Conditional Use Permit. The following essential services, and those deemed similar by the City Council, shall require a Conditional Use Permit within any Base Zoning District. Prior to granting a permit, it shall be found that the architectural design of service structure or building is compatible to the neighborhood in which it is to be located:
(1) Those listed as a Conditional Use within the Base Zoning District in which they are to be located.
(2) Those in which 75 percent of the services provided or produced are not provided for, used, consumed or required within the City.
(3) Those higher than the maximum height as set forth in the Base Zoning District in which it is to be located when increased by 50 percent.
(4) Those in which the architectural design and/or use would not normally be compatible to the neighborhood and/or Base Zoning District in which it is to be located.
4. Outdoor Storage and Display of Materials and Equipment Accessory to Landscaping and Building Design and Construction. Outdoor storage and display of materials and equipment accessory to landscaping and building design and construction is permitted as shown on [12-3B-1.1 Table of Uses
], provided that:
a. The site must be occupied by a principal building containing a minimum of 15,000 square feet.
b. All storage and display is located in the rear or side yard of the property and behind the front building line of the principal building, and may not be located in a yard that abuts any local public street.
c. No storage and display shall be located on any parcel that is within one thousand 1,500' from any Residential Base Zoning District, measured from the closest point of the lot lines.
d. The storage and display area shall not be open to retail sales, and shall be utilized only for stock and supply for clients of the landscaping or building design and construction business.
e. All storage and display must be located on paved surfaces that are properly maintained to prevent deterioration.
f. The storage and display area may occupy a maximum of 60 percent of the total lot area.
g. The storage and display area must be setback a minimum of ten feet (10') from all lot lines.
h. The storage and display area must be fully screened from surrounding property by fencing, walls, and/or landscaping.
i. All storage and display must be covered by three (3) sided, roofed structures, with the exception of landscape plant materials and trucks or equipment as shown on a specific and detailed Site Plan.
j. Trucks and equipment kept within the storage and display area shall be located within designated striped parking spaces and shall not be used for storage.
k. Fencing utilized for screening purposes must be constructed of wood or other materials as approved by the City Council.
l. Circulation and water service on the property shall meet the requirements of the City’s Fire Chief for access and fire protection.
m. Covered structures used to protect stored materials or equipment must comply with the following requirements:
(1) Structures greater than eight feet (8') in height must be designed and constructed of materials consistent with the requirements of [Section 12-4D-1
].
(2) Structures of eight feet (8') in height or less may be constructed of alternative materials as approved by the City Council, provided such structures are not visible from surrounding property or public streets.
(3) All structures shall comply with applicable Building and Fire Codes.
5. Personal Self Storage Facility. Personal self-storage facilities are permitted as shown on [12-3B-1.1 Table of Uses
], provided that:
a. All storage shall be inside the building. Exterior storage of personal vehicles, recreational vehicles, trailers, and equipment is strictly prohibited.
b. The storage facility shall have a security system adequate to limit access to persons renting at the facility.
c. Facility may not be located closer than one-quarter (1/4) mile from any residential use and/or Base Residential Zoning District.
d. All drive aisles and parking surfaces must be constructed with curb and gutter, with asphalt or concrete.
e. A maximum of three (3) overhead doors or bays to be used for entering/exiting the facility.
f. Access to any fenced-in exterior area shall be available to emergency responders in a manner acceptable to the Fire Marshal.
g. Common parking space available to all visitors must be provided at a minimum ratio of one space per 6,000 square feet of storage area.
6. Warehousing and Distribution, Abutting a Residential Use. Warehousing and distribution, abutting a Base Residential Zoning District or established residential use is permitted as shown on [12-3B-1.1 Table of Uses
], provided that:
a. A fence along the property boundary line abutting the residential use is constructed, in compliance with [Section 12-4A-10
.D].
b. Loading areas shall not be serviced by loading docks, unless completely screened from the ground level view from abutting properties and streets, except at access points, in compliance with Subsection [12-4A-9
.G] of this Chapter.
c. Truck traffic shall not impede vehicle circulation, as determined by the Public Works Director.
d. Operations shall not include retail sales, unless compliant with this Section concerning accessory, enclosed retail sales.
f. The proposed use shall be compliant with all applicable performance standards in [Section 12-3B-5
] of this Chapter.
g. Hours of operation for delivery/distribution are limited to seven o’clock (7:00) A.M. to eight o’clock (8:00) P.M.
h. Additional conditions that mitigate potential negative impacts may be included, as determined by the City Council.
7. Wireless Antennas, Towers, and Accessory Structures. Wireless telecommunication towers, antennas, and accessory structures, including, but not limited to, cellular, Personal Communications Service (PCS) technology, and wireless internet, are a Conditional Use in all Base Zoning Districts, subject to the requirements and exceptions of this Section.
a. Purpose. To protect the public health, safety and general welfare of the community while accommodating the communication needs of residents and businesses, the City Council finds that this Section is necessary to:
(1) Avoid potential damage to adjacent properties and personal injury from tower collapse through structural standards and setback requirements.
(2) Protect the aesthetic qualities of the community by requiring tower and antenna equipment to be designed in a manner to blend in with the surroundings and complement existing structures.
(3) Maximize the use of existing and approved freestanding antenna towers, buildings, and existing light poles for new wireless telecommunication antennas.
(4) Minimize the number of freestanding antenna towers needed to serve the community by requiring co-location.
(5) Facilitate the provision of wireless telecommunication services to the residents and businesses of the City.
(6) Ensure that a competitive and broad range of telecommunications services and high-quality telecommunications infrastructure are provided to serve the community, as well as serve an important and effective part of the city’s emergency response network.
(7) Place telecommunication facilities in suitable locations, with residential locations being a last resort.
b. Definitions. The defined terms identified in this subsection are provided in Chapter [8] of this Zoning Ordinance.
c. Building Mounted Antennas.
(1) Permitted Buildings. Antennas may be mounted on institutional buildings (churches, schools, businesses, etc.) or multiple-family dwellings two (2) stories or higher. Wireless telecommunications antennas are not permitted on attached or detached single-family homes or attached single-family (townhome) homes.
(2) Flush Mounting; Color.
(A) Building mounted antennas must be flush mounted to the sides of the building and painted the color of the building exterior unless the applicant can demonstrate to the City Council that protrusion above the roofline is necessary for communication effectiveness.
(B) In no case shall building mounted antennas or any attachment thereto be allowed to protrude more than 15-feet above the roofline of the building.
(C) Agreement to Mount on City Property. If both the applicant and the City consent to mounting the antennas on the City’s water tower or other municipal building, a developer’s agreement may be necessary at the discretion of the City in addition to a Conditional Use Permit.
d. Freestanding Antennas and Towers.
(1) Location limitations. The location of any antenna support structure on a particular parcel of land shall be located to have the least impact possible on adjoining properties, and so that any negative impacts of the antenna support structure shall be confined as much as possible to the property on which the antenna support structure is located.
(2) Height. The maximum height of a freestanding antenna tower is 150-feet, as measured from the ground to the highest point of any portion of the tower, antenna, or any other component attached thereto, or the distance between the base of the antenna tower and the nearest setback line, whichever is least.
(3) Setbacks. All freestanding antenna towers and accessory structures must adhere to all appropriate setbacks for the Base Zoning District of the property on which the structure is located.
(A) Antenna support structures between 75-feet and 150-feet tall shall not be constructed within 200 feet of any residential principal structure.
(B) Notwithstanding (A), if an antenna support structure is located on the same parcel of land as a residential structure, the setback to that residential structure may be equal to the height of the antenna support structure plus 15 feet.
e. Preferences for antenna and support structure locations. When selecting sites for the construction of new antenna support structures and/or for the placement of new antennas, the following preferences shall be followed:
(1) Preferred Land Use Areas.
(A) Property in the B-1, B-2 or Industrial Zoning District.
(B) Athletic complexes, municipal property or Public/Semi-Public uses.
(C) Parking lots, if the monopole replicates, incorporates or substantially blends in with the overall lighting standards of the lot.
(D) Within the easement of a high-power overhead transmission line, or within 50 feet of the transmission line easement on the same side of the road.
(2) Alternate land use areas.
(A) Public parks or open spaces.
(B) Golf courses.
(C) Residential area.
(3) Preferred Support Structures.
(A) Water towers
(B) Co-location on existing antenna support structures.
(C) Church steeples.
(D) Sides of buildings over two stories high.
(E) Existing power, lighting or phone poles.
(4) Prohibitions.
(A) No new support structures shall be approved at any location other than a Preferred Land Use Area, unless the applicant shows to the reasonable satisfaction of the city that such locations are not feasible from an engineering standpoint.
(B) No new support structures shall be approved for construction, unless the applicant shows to the reasonable satisfaction of the city that a preferred support structure is not feasibly available for use from an engineering standpoint.
f. Aesthetics.
(1) Design. All freestanding antenna towers shall be of a monopole type design. The use of guyed towers is prohibited.
(2) Color.
(A) Those portions of all freestanding antenna towers and all antennas which protrude into the air shall be painted eggshell.
(B) Those portions of all antennas that are flush mounted to the sides of buildings shall be painted to match the exterior of the building.
(3) Screening. All accessory buildings to all freestanding towers shall be screened from public view by a landscape plan according to the landscape standards of the applicable Base Zoning District and as described in [Section 12-4A-5
] of this article subject to City Council review.
(4) Advertising. Advertising of any kind is not permitted on any freestanding antenna tower, antenna, or accessory structure.
(5) Lighting. Artificial lighting of any kind is not permitted on any freestanding antenna tower, antenna, or accessory structure unless such lighting is required by the FCC, the FAA, or another federal or state regulatory body. If such a requirement exists, only the minimum amount of lighting required is allowed.
(6) Prohibitions. Structures, functions, uses or activities that are not found by the City to be specifically necessary for the proper functioning of the antennas are prohibited on any antenna or tower without express permission from the City and the City grants a waiver to this requirement.
g. Safety.
(1) Report of Compliance. For a freestanding antenna tower, the applicant must provide a report from a licensed qualified professional structural engineer certifying that the tower will meet or exceed current EIA/TIA-222-E standards including, but not limited to, standards for withstanding meteorological conditions such as high winds and radial ice.
(2) Compliance with Building and Electrical Codes. All antennas, freestanding antenna towers, and accessory structures shall conform to all building and electrical codes.
(3) Fencing. The applicant may be required by the City Council to erect a security fence around any freestanding antenna.
h. Accessory Structures for Antennas.
(1) Location and General Requirements. Accessory buildings to antennas or freestanding antenna towers must comply with all applicable setbacks from all property lines and must otherwise conform to all requirements for accessory buildings within the description of the Base Zoning District on which the structure is located.
i. Architecture.
(1) Accessory structures and equipment buildings shall be designed to be architecturally compatible with any principal structures on the site or, in the absence of such structures, with their immediate surroundings in an aesthetically pleasing manner.
(2) Accessory structures must be finished on all sides.
(3) The Planning Commission must review, and the City Council shall approve, the design of any accessory structures and equipment buildings.
C. Submission Requirements.
1. Initial Application Requirements. In addition to the information required for a Conditional Use Permit or Administrative Permit, the following additional information must be supplied by the Applicant and a qualified, licensed registered professional engineer:
a. Description of the tower height and design, including a cross-section, elevation and site elevation.
b. Documentation of the height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas.
c. Description of the tower’s capacity, including the number and type of antennas that it can accommodate.
d. Coverage Capacity Analysis. Coverage map and or analysis that demonstrates that no other support structures, or if applicable Preferred Land Use Areas, are available to meet coverage demand. The applicant shall demonstrate, by providing a coverage/interference analysis and capacity analysis, that the location and height of any freestanding antenna tower or antenna as proposed is necessary to meet the communication, frequency reuse and spacing needs of the communication services system, and to provide adequate coverage and capacity to areas that cannot be adequately served by locating the towers in a less restrictive district or on an existing structure, freestanding antenna tower or antenna including such in neighboring municipalities.
e. Area Map. All applications for either a freestanding antenna, a freestanding antenna tower, or a building mounted antenna shall be accompanied by a map of all existing towers and antennas of the same provider within a two (2) mile radius of the proposed site and all future planned antennas of the same provider for the next five (5) years within a two (2) mile radius of the proposed site.
f. Inclusion of the engineer’s stamp and registration number.
g. The city, at its reasonable discretion, may require visual impact demonstrations including mock-ups and/or phot simulations that provide an accurate visual depiction of the tower.
h. A written description of the type of technology each company/carrier will provide to its customers.
i. A listing of all existing, existing to be upgraded or replaced, and proposed communication sites within the city and within five miles of the city for these services.
j. An electronic, to-scale copy of a map of the city showing the five-year plan for communication sites, or if individual properties are not known, the geographic service areas of the communication sites. Any existing tower locations must be clearly identified.
D. Additional Requirements.
1. Abandoned Structures.
a. Removal Required. Unused or obsolete freestanding antenna towers, antennas, structures or apparatus must be removed within six (6) months of when the operation ceases.
b. Bond. A successful applicant shall provide an abandonment bond to the City equal to one and a half (1 1/2) times the current cost of removal and disposal of all antennas and accompanying apparatus as estimated by a consultant selected by the City and paid for by the applicant, which bond shall be used by the City to remove the antennas and apparatus should they become unused or obsolete and the applicant or its successors or assigns become disbarred or otherwise fail to remove said antennas and apparatus.
2. No new antenna support structures shall be constructed if it is feasible to locate the proposed new antenna on existing support structures. Feasibility shall be determined according to generally accepted engineering principles. If a new antenna support structure is to be constructed, it shall be designed structurally to accommodate both the applicant’s antennas and comparable antennas for at least two additional users if the antenna support structure is 75-feet or more. Any antenna support structure must also be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at different heights. Other users shall include, but not be limited to, other cellular communication companies, personal communication systems companies, local police, fire and ambulance companies.
3. Other Required Licenses. The applicant must submit proof of any applicable federal, state, or local licenses to the City prior to receiving a building permit.
1. Interference with Public Safety Systems Prohibited. The applicant must agree in writing to support, participate in and refrain from interfering with public warning systems and public safety communications and other radio frequencies as may be regulated by the Federal Communications Commission (FCC).
4. Compliance with FCC Regulations; Noninterference Required. All new or existing telecommunications service and equipment shall meet or exceed all Federal Communications Commission (FCC) standards and regulations and shall not interfere with any other communications, computers, laboratory equipment or manufacturing equipment, including television and other home electronics. The applicant shall provide to the City a report from a qualified professional engineer guaranteeing noninterference and a copy of the FCC approval of the antenna in regard to noninterference.
a. Environmental Impact Statement (EIS). In the event that the FCC or other agency or other governmental body having jurisdiction requires the applicant to submit an Environmental Impact Statement or similar document, a copy of this document shall be submitted to the City.
b. Nonconformances. Existing nonconforming freestanding antenna towers, antennas, or accessory structures shall be allowed to continue operation unless use of the freestanding antenna tower, antenna, or accessory structure for its intended purpose ceases for a continuous period of six (6) months, in which case, resumption of use shall require a reapplication for a Conditional Use Permit.
c. Costs to Applicant. All costs of an application, including, but not limited to, those incurred by City staff time and resources, engineering studies by consultants, and other data as may be required by the City staff, the planning commission or the City council shall be borne in full by the applicant.
d. Variances. The City Council may at its discretion waive any or all of the requirements of this Section in order to approve a unique “stealth” or “camouflage” design of freestanding antennas or poles or building mounted antennas if, in the opinion of the City Council, said apparatus will be sufficiently disguised as trees, light poles, church steeples, or other similar objects.
e. Prohibitions. Use of mobile cell/PCS sites or COWs (cell sites on wheels), or any other temporary antenna apparatus is strictly prohibited except in the case of emergency equipment used for public safety purposes for a limited time during or in the immediate aftermath of a natural disaster or other emergency.
f. Administrative Procedures and Exemptions. The Zoning Administrator will review Conditional Use Permit requests for improvements to existing wireless antenna facilities and follow the process as established in Chapter [5] of this Zoning Ordinance. The City may impose such conditions and require such guarantees deemed reasonable and necessary to protect the public interest and ensure compliance with the standards and purposes of this code.
g. Exceptions for Administrative Permit. An Administrative Permit may replace the need for Conditional Use Permit when all of the following conditions exist:
(1) Requirements in of this Section [D] are met and submitted for review.
(2) Request seeks to adjust, maintain, repair, or replace existing antennas and accessory structures or the elements of an antenna array, including remote radio units (RRU), affixed to a tower or antenna.
(3) No increase in the total number of the existing antennas.
(4) No increase in the total height of the existing antenna structure. Height of individual building mounted antennas may be increased in compliance with [Section 12-3B-5
B.7.c.(2)(B)] of this Section.
(5) No external modification or expansion of the existing accessory structure.
(6) Existing wireless antenna facility, including the wireless antenna structure and accessory structure, is compliant with all conditions contained in the original Conditional Use Permit. (Ord. 592, 9-17-2024)
12-3B-6: PUBLIC, SEMI-PUBLIC USE SPECIFIC REGULATIONS:
A. General Standards. The City has determined that the following uses are permitted on land within the Public Semi-Public Overlay District provided certain regulations and standards are met, and that proper permitting and processes are followed. The following standards shall be applicable to all uses identified in the Public Semi-Public Overlay Zoning District:
1. Any non-residential principal use shall meet the following minimum requirements, regardless of Base Zoning District.
a. Non-residential principal use. 50-feet setback from all property lines abutting a Residential Base Zoning District or established residential use.
B. Specific Public, Semi-Public Use Standards. The following specific use standards are established for Public, Semi-Public Uses as identified on the Table of Uses
[12-3B-1.1], and are organized alphabetically.
1. Cultural Centers, Places of Assembly, or similar.
a. Lot Size. Minimum of 1.0 Acres
b. Any use that includes a dedicated space for assembly or gathering of people that comprises 50 percent of the total floor area or more shall be subject to these requirements.
c. A Cultural Center, Place of Assembly, or similar may be located on a site with another compatible use such as a Place of Worship. In the case where more than one use is present the most restrictive permitting process, and regulations, shall be followed.
d. The required parking shall be determined based on the total occupancy of the building and must be provided on site.
e. All events and/or gatherings must be held indoors, unless outdoor gatherings are expressly allowed by Conditional Use Permit.
2. Elementary, Middle, and Secondary Schools (public and private).
a. Any Accessory Structures or Accessory Buildings that support the principal school use must be setback a minimum of 100-feet from any property line that abuts a Residential Base Zoning District or established residential use.
3. Government Buildings and Structures.
a. A Government Building or Structure means a principal building or structure owned or operated by a regulatory agency other than the City of Mendota Heights.
b. The use of a government building or structure must be for the purpose of benefiting the public including, but not limited to, a service center, DMV, maintenance building, administrative building, or similar.
c. Governmental Buildings or Structures containing a residential use are not permitted unless specifically permitted within the Base Zoning District of the subject property. Any residential use must comply with the Base Zoning District Standards and the adopted Comprehensive Plan.
4. Municipal Buildings and Structures.
a. A Municipal Building or Structure means a principal building or structure owned or operated by the City of Mendota Heights.
b. The use of the Municipal Building or Structure must be for the purpose of benefiting the public including, but not limited to, a city hall, service center, public works facility or use, administrative building, or similar.
c. Any Municipal Buildings or Structures containing a residential use must comply with the Base Zoning District Standards and the adopted Comprehensive Plan.
5. Off Leash Dog Area. An off-leash dog area is permitted as shown in [12-3B-1.1 Table of Uses
], provided that:
a. The minimum parcel size shall be five (5) acres, which may include a combination of adjoining lots under control by the City.
b. No structures shall be located on the lot(s).
c. Proper fencing shall be installed around the entire off leash area with height and materials approved by the City Council.
d. Hours of operation shall be limited to between seven o’clock (7:00) A.M. and nine o’clock (9:00) P.M.
e. Fixed lighting structures are prohibited.
f. All dogs must be appropriately licensed.
g. All dogs must be kept on leash at all times except within the designated off leash area.
h. No dog(s) shall be left unattended within the off leash area.
i. Dog waste receptacles shall be provided and all dog waste must be properly disposed of on site by the user or removed immediately.
6. Outdoor Recreational Facilities, including Athletic Fields.
a. Any outdoor field or recreational facility that is intended to be lit with overhead light fixtures must be setback a minimum of 100-feet from any property line that abuts a Residential Base Zoning District or established residential use. The light fixtures associated with the field or recreational facilities must comply with the City’s footcandle standards established in Section [12-4D-3
].
b. Any outdoor field or recreational facility not intended to be lit with fixtures must comply with the principal building setbacks established in the Base Zoning District.
7. Private Nursery and/or Daycare Schools.
a. The minimum lot size shall be at least one (1) acre.
b. The nursery and/or daycare school is registered with the State and meets the standards for all schools specified by the State.
8. Religious Institutions and Places of Worship.
a. Any religious institutions and places of religious worship, including those related structures located on the same site which are an integral part of the principal use, convent or homes for persons related to a religious function on the same site are permitted to have a maximum of ten (10) persons residing on the site. (Ord. 592, 9-17-2024)
12-3B-7: ACCESSORY USE SPECIFIC REGULATIONS:
A. General Standards. All uses explicitly defined as an Accessory Use must be accessory to a Principal Use on the same property or lot. The Accessory Uses are only permitted provided that the Principal Use is identified as permitted or conditionally permitted on the Table of Uses.
B. Specific Accessory Use Standards. The following specific use standards are established for Accessory Uses as identified on the Table of Uses [12-3B-1.1]
and are organized alphabetically.
1. Accessory Buildings and Structures to Business, Commercial, Industrial and Public/Semi-Public Uses. All Accessory Buildings and Structures that exceed the standards established in Chapter 2 must comply with the following:
a. A Conditional Use Permit must be obtained.
b. The Accessory Structure or Building must comply with the required setbacks as stated within this Chapter for non-residential uses.
c. The Accessory Structure or Building must be designed to be compatible with the Principal Building and/or Principal Use of the site.
d. The Accessory Structure or Building may not exceed 25-feet in height but may exceed the height of a Principal Building if permitted by the Conditional Use Permit.
2. Accessory, Enclosed Retail Sales. Enclosed retail sales as an accessory use are permitted as shown in [12-3B-1.1 Table of Uses
], provided that:
a. Accessory Use. The retail sales portion of the business shall be an accessory use to the existing permitted or conditionally permitted use in the I district.
b. Site Requirements. The retail sales portion of the business shall be conducted within the same building as the principal use.
c. Building requirements. The retail sales portion of the business shall not constitute more than five percent (5%) of the gross floor area of the principal use.
d. Building Design. The building design shall be in compliance with the standards established for Industrial buildings in [Section 12-4D-1
D].
e. Parking. adequate off street parking and off street loading shall be provided and shall be in compliance with the provisions of Section [12-4A-9
].
f. Signage. All signage shall be in compliance with the provisions of Section [12-4A-11
] of this Chapter. Separate wall signage may be considered at the retail entrance, but not separate freestanding signage shall be considered.
i. Hours of Operation. The hours of operation of the retail sales portion of the business shall be limited from eight o’clock (8:00) A.M. to seven o’clock (7:00) P.M. on weekdays and eight o’clock (8:00) A.M. to five o’clock (5:00) P.M. on Saturdays and Sundays.
3. Home Occupation.
a. A home occupation means any gainful occupation or profession engaged in by an occupant only of a dwelling unit which is a use that is clearly incidental to the use of the dwelling unit for residential purposes when conducted on the premises. The following criteria must be met, or the proposed use must be established as a conditional use in the zoning district in which the property is located, and the proper permit obtained:
(1) No persons other than the residents of the dwelling unit that reside on the property may be engaged in the Home Occupation; and
(2) No more than 30 percent of the floor area of the principal dwelling unit may be used for the conduct of the Home Occupation; and
(3) The Home Occupation may not visible from the street and no changes to the principal building that distinguish the property as a business are permitted;
(4) No traffic shall be generated by the Home Occupation in greater volume than would normally be expected to a residence in a residential neighborhood.
(5) The Home Occupation may not include the retail sales of products produced off the site and sold from principal or accessory building.
(6) Any visitor or client parking must be accommodated on site and on an improved residential driveway.
(7) No equipment, activity, or process shall be used in a Home Occupation that creates noise, vibration, glare, fumes, or odors detectable to the normal senses off the lot.
(8) No accessory building shall be used for such Home Occupation.
(9) No outside storage is permitted as a part of any Home Occupation.
4. Keeping of Bees as an Accessory Use.
a. Minimum lot size. 50 Acres
b. A maximum of ten (hives) may be maintained, and all buildings, hives, apiaries, or other areas for colonies of bees shall not be located no closer than 100-feet from any property line.
5. Private Swimming Pool, tennis courts, or similar recreation facilities serving Multi-Family Buildings.
a. Swimming Pool. Private swimming pools intended for and used solely by the occupants of the property on which they are located and their guests are permitted as shown in [12-3B-1.1 Table of Uses
], provided:
(1) The water surface is located a minimum of 50 feet from any lot line.
(2) That the pump and filter is installed a minimum of 40 feet from any lot line.
(3) That the pool area is fenced to prevent uncontrolled access from the street or adjacent property.
b. Tennis Courts, or similar outdoor recreational facilities must comply with the following standards:
(1) Minimum of 50-foot setback from all property lines.
6. Video/Electronic Display Scoreboard as an Accessory Use. Any video/electronic display scoreboard for an athletic field on the campus of a school shall comply with the following:
a. The scoreboard shall only be used for organized events at an athletic field, or similar outdoor facility, in which the permitted user is participating in or hosting.
b. The scoreboard shall be equipped with industry standard security and brightness control features.
c. The video/electronic display portion(s) shall not face a residential neighborhood, not including the back of the scoreboard, unless screened or otherwise obscured from view.
d. The scoreboard shall not exceed 800 square feet in area per surface and the video/electronic display portion(s) shall not exceed 600 square feet of the total area.
e. The scoreboard shall not exceed 45-feet in height from the natural grade at the base of the scoreboard.
f. Organizers sponsoring the scoreboard may include identifying information within the area allowed for the scoreboard in a combined amount not to exceed 30 percent of the total scoreboard area.
g. No permitted use shall have more than one scoreboard structure equipped with video/electronic display(s) and no video/electronic display(s) or signage shall be affixed to the back of the scoreboard.
h. The hours of operation for the video/electronic display portion(s) of the scoreboard shall be limited to between eight o’clock (8:00) A.M. and eleven o’clock (11:00) P.M. with an allowance of up to 30 minutes before or after a permitted event. (Ord. 592, 9-17-2024)
Land Use
Land Use | BASE ZONING DISTRICTS | ||||||||
RE Residential Estate | R-1 Low Density Residential | R-2 Medium Density Residential | R-3 Multi-Family Residential | MU Mixed Use | B-1 General Business | B-2 Neighborhood Business | I Industrial | Use Specific Section
(See referenced section for more information; other requirements may also apply.)
| |
Land Use | BASE ZONING DISTRICTS | ||||||||
RE Residential Estate | R-1 Low Density Residential | R-2 Medium Density Residential | R-3 Multi-Family Residential | MU Mixed Use | B-1 General Business | B-2 Neighborhood Business | I Industrial | Use Specific Section
(See referenced section for more information; other requirements may also apply.)
| |
RESIDENTIAL USES | |||||||||
Customized (assisted) living facilities | CUP | CUP | CUP | CUP | CUP | 12-3B-3B.1 | |||
Farming Operations | P | P | P | P | 12-3B-3B.2 | ||||
Manufactured home park | CUP | ||||||||
Mixed Use Building including residential use | CUP | CUP | CUP | ||||||
Multi-family attached dwelling units (5-24 Units) | CUP | P | CUP | ||||||
Multi-family attached dwelling units (25+ Units) | CUP | CUP | |||||||
Nursing homes, rest homes or retirement homes | CUP | CUP | CUP | CUP | |||||
Single Family Detached Dwelling Unit | P | P | P | CUP | CUP | ||||
Single Family Attached Dwelling Units (2-4 Units) | P | P | P | ||||||
State licensed residential program with a licensed capacity from seven (7) through sixteen (16) persons | CUP | CUP | CUP | CUP | CUP | 12-3B-3B.3 | |||
COMMERCIAL/BUSINESS USES | |||||||||
Adult Uses | CUP | 12-3B-4
B.1 | |||||||
Animal hospital (cat clinic, veterinary clinic, or similar) | CUP | CUP | 12-3B-4
B.2 | ||||||
Armories, convention halls, community centers, sports arenas and stadiums (excluding school uses) | CUP | CUP | CUP | ||||||
Art studio, interior decorating studio, photographic studio, music studio, provided no retail sales are made of products not manufacturing on the site | CUP | CUP | |||||||
Banks and banking institutions without drive-in facilities | P | P | P | ||||||
Boats and marine sales when conducted entirely within a building | P | ||||||||
Bowling alleys, billiard and pool rooms, skating rinks, liquor stores, fraternal organizations and similar uses | CUP | CUP | CUP | ||||||
Brewery, Cidery or Micro-Distillery | CUP | CUP | CUP | CUP | 12-3B-4
B.3 | ||||
Cannabis retailer | CUP | CUP | |||||||
Commercial recreation, when conducted within a completely enclosed building | CUP | CUP | |||||||
Commercial recreation, outdoor | CUP | CUP | CUP | CUP | 12-3B-4
B.4 | ||||
Crematorium | CUP | ||||||||
Daycare centers | P | P | P | ||||||
Drive through/Drive-in business | CUP | CUP | CUP | 12-3B-4
B.5 | |||||
Dry cleaning and laundry service | CUP | CUP | CUP | ||||||
Fitness and health club | CUP | P | CUP | CUP | |||||
Food Trucks | AP | AP | AP | AP | AP | AP | AP | AP | |
Food Hall | CUP | CUP | CUP | ||||||
Funeral homes and mortuaries | CUP | CUP | |||||||
Garden supply store, provided it is conducted entirely within an enclosed structure | P | P | |||||||
Greenhouse, commercial, provided all outside storage is fenced in such a manner so as to screen the stored material from view when observed from the public street | P | P | |||||||
Laundromat of the self-service type | P | P | P | ||||||
Lower-potency hemp edible retailer | CUP | ||||||||
Massage therapy business, subject to the licensing requirements of this code | P | P | P | ||||||
Massage therapy services to the general public for purposes of a teaching program accredited by the National Certification Board for Therapeutic Massage and Bodywork and the Accrediting Commission of Career Schools and Colleges of Technology as an accessory use to colleges, universities, and permitted postsecondary institutions in which no fee is charged for the services | CUP | CUP | |||||||
Medical and dental clinics or services | P | P | P | CUP | |||||
Motel and hotel | CUP | CUP | 12-3B-4
B.6 | ||||||
Motor fuel stations and motor fuel station convenience stores | CUP | CUP | CUP | CUP | 12-3B-4
B.7 | ||||
Offices (non-retail) | P | P | P | P | |||||
Optical and jewelry sales or manufacturing | P | P | P | P | |||||
Pet shop, provided the operation shall not include the boarding of pets on the site, the maintaining of pens or cages outside of the building, and the business is operated so as to not cause offensive odor or noise | P | ||||||||
Pipe and tobacco shop | CUP | CUP | CUP | ||||||
Publishing houses, printing shops | P | ||||||||
Private clubs and lodges | CUP | CUP | CUP | ||||||
Radio and television repair | P | ||||||||
Research centers and laboratories | P | ||||||||
Residential programs for treatment of chemically dependent adults | CUP | 12-3B-4
B.8 | |||||||
Restaurant, café, tearoom, coffee shop, ice cream shop, delicatessen, etc. no drive-in | P | P | P | CUP | |||||
Retail Sales and Services less than 15,000 square feet (e.g. clothing shop, book store, pharmacy, grocery store, barbershop, salon, etc.) | P | P | P | 12-3B-4
B.9 | |||||
Retail Sales and Services greater than 15,000 square feet (e.g. clothing shop, book store, pharmacy, grocery store, barbershop, salon, etc.) | CUP | CUP | P | 12-3B-4
B.10 | |||||
Sporting goods store, excluding the sale of firearms of any variety or ammunition | P | P | P | ||||||
Theaters, excluding drive-ins | CUP | CUP | CUP | ||||||
Ticket offices and travel bureaus | P | P | |||||||
INDUSTRIAL, TRANSPORTATION & UTILITY USES | |||||||||
Airports, truck and freight terminals, team tracks and open sales lots | CUP | ||||||||
Alternative Energy Systems (Ground mounted solar energy systems that are accessory to the principal use of the land and are designed to onsite uses) | CUP | CUP | CUP | CUP | CUP | CUP | CUP | CUP | 12-3B-5
B.1 |
Alternative Energy Systems (Roof mounted solar energy systems that are accessory to the principal use of the land and are designed to supply energy to on site uses) | P | P | P | P | P | P | P | P | 12-3B-5
B.1 |
Automobile and other vehicles of transportation sales when conducted entirely within a building | P | CUP | |||||||
Automobile repair, major or minor, when conducted completely within an enclosed building | CUP | CUP | CUP | P | |||||
Bus terminals and maintenance garages | CUP | P | |||||||
Cannabis microbusiness, cannabis mezzobusiness, cannabis cultivator, cannabis manufacturer, cannabis wholesaler, cannabis testing facility, lower-potency hemp edible manufacturer, medical cannabis combination business | CUP | ||||||||
Dog daycare, may include overnight boarding | CUP | ||||||||
Dog training facility | CUP | 12-3B-5
B.2 | |||||||
Electrical service, heating, plumbing, appliances, upholstery or air conditioning service shop, provided they do not employ more than six (6) persons in repair or processing | CUP | CUP | |||||||
Essential service structures | CUP | CUP | CUP | CUP | CUP | CUP | CUP | CUP | 12-3B-5
B.3 |
Landscaping, and construction, requiring equipment | P | 12-3B-5
B.4 | |||||||
Manufacturing, conducted within a completely enclosed building (Excluding the manufacturing uses as expressly defined in this Table of Uses) | P | P | |||||||
Manufacturing, conducted within a completely enclosed building, of one or more of the following: Batteries, laundries, metal polishing and plating, paper products from previously processed paper, rubber and synthetic rubber products, sheet metal work, ornamental iron, welding, stamping | C | ||||||||
Outdoor storage and display of materials and equipment accessory to landscaping and building design and construction | CUP | 12-3B-5B.5 | |||||||
Personal self-storage facility | CUP | 12-3B-5
G | |||||||
Sales and servicing of heating equipment, air conditioning equipment and electrical appliances; provided, that there shall not be more than six (6) persons employed upon said premises in the repair or servicing of said equipment or appliances | CUP | CUP | P | ||||||
Stone and monument sales | CUP | CUP | |||||||
Scientific research, investigation, testing and experimentation, including laboratories | CUP | CUP | P | ||||||
Railroad spurs and siding | P | ||||||||
Ready mix concrete and concrete products plants | CUP | ||||||||
Through train operation, but not switching, storage or any other railroad operation | CUP | CUP | CUP | CUP | CUP | CUP | CUP | CUP | |
Uses which are permitted under Section [12-1I-8] of this Chapter which involve the storage or uses of materials which decompose by detonation | CUP | CUP | |||||||
Warehousing and distribution, abutting a Residential Base Zoning District | CUP | CUP | 12-3B-5
B.6 | ||||||
Warehousing and distribution, not abutting a Residential Base Zoning District | CUP | P | |||||||
Wholesale office and showroom | P | P | |||||||
Wireless Antennas, Towers, and Accessory Structures | CUP | CUP | CUP | CUP | CUP | CUP | CUP | CUP | 12-3B-5
B.7 |
PUBLIC/SEMI-PUBLIC USES (Note that PSP Uses in RE, R-1, R-2, and R-3 are only permitted within the designated PSP-O district as shown on the Official Zoning Map) | |||||||||
Business or trade school when conducted entirely within a building | CUP | CUP | |||||||
Cemeteries and/or cemetery structures; provided, that no buildings shall be located within fifty feet (50') of any abutting property line | CUP | CUP | CUP | CUP | CUP | CUP | CUP | CUP | |
Colleges, universities, and post-secondary schools, public and private includes postsecondary skill based educational institutions that offer programs that award certificates, degrees, or certified training to full and/or part time students | CUP | CUP | CUP | ||||||
Cultural Centers, Places of Assembly | CUP | CUP | 12-3B-6
B.1 | ||||||
Elementary, Middle, and Secondary, public and private | CUP | CUP | CUP | CUP | CUP | CUP | CUP | 12-3B-6
B.3 | |
Golf courses, country clubs, tennis clubs, public swimming pools, archery range | CUP | CUP | CUP | CUP | CUP | CUP | |||
Governmental buildings and structures | CUP | CUP | CUP | CUP | 12-3B-6
B.4 | ||||
Historical buildings, museums, art institutes, galleries and playhouses | CUP | CUP | CUP | ||||||
Hospitals for human care, sanatoriums, rest homes and nursing homes | CUP | CUP | CUP | CUP | CUP | CUP | CUP | ||
Library | CUP | CUP | P | P | |||||
Municipal buildings and structures | CUP | CUP | CUP | CUP | P | P | P | P | 12-3B-6
B.4 |
Off leash dog area (not associated with multi-family residential use) | IUP | IUP | 12-3B-6
B.5 | ||||||
Outdoor Recreational Facilities, including Athletic Fields | CUP | CUP | CUP | CUP | P | P | P | P | 12-3B-6
B.6 |
Public parks and playgrounds | P | P | P | P | P | ||||
Private nursery and/or daycare schools | CUP | CUP | CUP | CUP | CUP | 12-3B-6
B.7 | |||
Religious institutions and places of worship | CUP | CUP | CUP | CUP | CUP | 12-3B-6
B.8 | |||
ACCESSORY USES | |||||||||
Accessory Buildings or Structures (CUP required as regulated by use or Zoning District) | AP (CUP) | AP (CUP) | AP (CUP) | AP (CUP) | AP (CUP) | AP (CUP) | AP (CUP) | AP (CUP) | 12-4A-7
B.1 |
Buildings temporarily located for purposes of constructing on the premises for a period not to exceed time necessary for such constructing | AP | AP | AP | AP | AP | AP | AP | ||
Commercial Outdoor Recreation facilities, must be accessory to principal building with compatible use | CUP | CUP | CUP | CUP | |||||
Enclosed retail sales accessory to permitted industrial use | CUP | 12-4A-7
B.2 | |||||||
Gardening and other horticultural uses where no sale of products is conducted on the premises | P | P | P | P | P | ||||
Home occupation | P | P | P | P | P | 12-4A-7
B.3 | |||
Incidental repair, processing or storage necessary to conduct a permitted principal use not to exceed more than 20 percent of the gross floor area of the principal building | AP | AP | AP | AP | |||||
Keeping of bees | AP | AP | AP | AP | 12-4A-7
B.4 | ||||
Keeping of chickens for noncommercial purposes | AP | AP | AP | AP | AP | 12-4A-7
B.5 | |||
Keeping of Domestic animals | P | P | P | P | P | ||||
Keeping of Livestock (typical farm animals) | AP | AP | FOR DISCUSSION | ||||||
Off-leash dog area or run (typically associated with multi-family use) | AP | AP | |||||||
Off street parking | CUP | CUP | CUP | CUP | CUP | CUP | CUP | CUP | 12-4A-7
B.6 |
Outdoor Storage | CUP | CUP | |||||||
Private swimming pool, tennis courts, or similar recreational facilities intended for use by the occupants of a multi-family building and their guests of the property | AP | AP | AP | 12-3B-7
B.7 | |||||
Signs | AP | AP | AP | AP | AP | AP | AP | AP | 12-4A-7
B.8 |
Temporary storage of hazardous waste | P | P | P | P | |||||
Video/electronic display scoreboard for an athletic field on the campus of a school | AP | AP | AP | AP | AP | 12-3B-7
B.9 | |||