Mendota Heights City Zoning Code
CHAPTER 4
BUILDING, CHARACTER AND DESIGN STANDARDS
12-4A-1: GENERAL CHARACTER AND FORM OF PROPERTY:
A. Purpose. Each Base and Overlay Zoning District has a distinct physical form that establishes the character of an area or neighborhood. The intent of the regulations contained within this Chapter is to support and reinforce the physical form of Property to support the City’s neighborhoods as described herein, and to ensure that development or redevelopment is compatible with adjacent and surrounding properties.
B. Applicability. The standards contained within this Chapter shall apply to all Base and Overlay Zoning Districts, unless otherwise specified.
C. Physical Form of Property. For purposes of this Chapter, the physical form of Property is described as the following:
1. Building mass and volume of structure. The mass, or form, is generally described as the area contained by height, width and depth of a structure or building.
2. Relationship or setback of Principal Building and/or Accessory Building with the public street. The relationship of a Principal and/or Accessory Building with the public street is generally described as including the front yard setback of the Building from the right-of-way, the relative position of Accessory Buildings or Structures, the presence of trails or sidewalks, and/or the presence of front stoops or porches, etc.
3. Accessory Building Location and Size. The location of an Accessory Building, whether it is attached or detached, the driveway access location and the size.
4. Environmental Features. The presence of vegetation, significant bluffs, waterways, ponds, wetlands, and other natural resource features. (Ord. 592, 9-17-2024)
12-4A-2: UTILITIES AND SERVICES:
A. Purpose. The City acknowledges the importance of properly managing and maintaining its utilities and public infrastructure. This Section generally describes required utilities and references other regulations that are implemented by either the City or other agencies with respect to permitting and requirements.
B. Sanitary Sewer and Water Systems.
1. Use of Municipal Public Systems Required. All new development in the City must be served by the municipal sanitary sewer and water distribution systems.
a. Exceptions. The Public Works Director may grant special or temporary permission for a private sanitary sewer system and/or private water system if the property is not served by the municipal sanitary sewer system and/or water distribution system. The Public Works Director must determine that the proposed private system or systems will prevent pollution to existing groundwater resources, will not result in a hazard to health, and that the design and location of the proposed system will not adversely affect the health, safety and general welfare of the residents of the City and adjacent communities.
2. Private Sanitary Sewer Systems. There are some existing private or individual septic systems in the City. Plans for and installation, maintenance or replacement of existing private on-site sanitary sewer systems must comply with [Section 10-3-3
] of this Code and Dakota County [Ordinance 113].
C. Drainage.
1. No land shall be developed and no use shall be permitted that results in water runoff causing flooding or erosion on adjacent properties. Such runoff must be properly channeled into a storm drain, water course, ponding area or other suitable facility as set forth in the soil protection ordinance and wetland system ordinance. In no event shall drainage be allowed into a sanitary sewer. (Ord. 592, 9-17-2024)
12-4A-3: YARDS AND OPEN SPACE:
A. Purpose. This Section regulates yard setbacks and required open space in the City. This Section applies to all Base Zoning Districts, except where explicitly stated otherwise.
B. Minimum Yards and Open Spaces. No yard or other required open space shall be reduced in area or dimension to make such yard or open space less than the minimum required by this Chapter. If the existing yard or open space is less than the minimum required, it must not be further reduced.
C. Allowed Encroachments. The following encroachments on yard, open space and setback requirements are permitted:
1. All Yards:
a. Belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves and the like, provided they do not extend more than one and one-half feet (1 ½’) into a yard.
b. Yard lights and nameplate signs for one- and two-family dwellings in the RE, R-1, and R-2 Zoning Districts may be located up to five feet (5') from the front lot line.
c. Uncovered and/or open terraces, steps, porches, decks, egress windows, accessibility ramps, stoops or similar structures that do not extend above the height of the ground floor level of the principal building and do not extend more than five feet (5') in into the front yard or rear yard; or more than three feet (3') into a side yard.
d. Lights for illuminating parking areas and loading areas for yards for safety and security purposes.
2. Front Yard:
a. Covered and/or enclosed entryways (porches, decks, stoops or similar structures) that extend into the front yard setback are permitted after Site Plan review and approval by the Zoning Administrator, subject to compliance with the following conditions:
(1) The covered and/or enclosed entryway may not extend into the front or side yard more than five feet (5').
(2) The covered and/or enclosed entryway shall be a maximum of 50 square feet.
(3) The covered and/or enclosed entryway may not extend above one (1) story.
3. Side or rear yards only: Bays or building extensions that extend into the side or rear yard shall meet the following standards:
a. May not exceed a width of two feet (3').
b. Contain a maximum area of 20 square feet.
D. Front Yard Requirements.
1. All structures and buildings shall meet the front yard requirements as established by the Base or Overlay Zoning District as established in Chapter 2
of this Zoning Ordinance.
2. Infill Determination. Whenever buildings have been built on one side of the street between two (2) intersections, no building or structure may be erected to extend closer toward the street than the average of the required setback as established in the applicable Zoning District and must be setback at a minimum the average setback of the Principal Building on the adjoining lots. See [Figure 12-4A-3.1] of this Section.
a. For any infill lot, the maximum front yard setback of a new Principal Building shall be established by adding 10-feet to the calculated Minimum Setback established by Figure [12-4A-3.1].
Figure 12-4A-3.1 Front Yard Setback Requirements
3. In the case of a building to be erected or extended on a corner lot, the minimum front yard depth shall be increased by an amount not less than one-half (1/2) the depth in excess of 30-feet of the front yard of the nearest building. See [Figure 12-4A-3.2] of this Section.
Figure 12-4A-3.2 Front Yard Setback Requirements - Corner Lot
4. Subsections [D2 and D3] of this Section shall not be applied to require a front yard in excess of one-third (1/3) of the average depth of the lot. (Ord. 592, 9-17-2024)
12-4A-4: WETLAND REQUIREMENTS:
A. Purpose. The requirements established herein are intended to support the regulations and requirements established in Title 15: Environmental Standards, Chapter 4: Wetland Conservation of the City Code and to comply with the State of Minnesota Wetland Conservation Act (WCA) rules. The City will:
1. Reference the City’s wetland inventory and the National Wetland Inventory, to determine whether a wetland may be present on a property that is the subject of a Land Use Development Application.
2. Coordinate wetland requirements with the Floodplain and Shoreland Protection regulations as established in Title 15: Environmental Standards.
3. Determine whether a wetland replacement or mitigation plan is required based on proposed improvements to a structure or lot.
B. Identification and Delineation of Wetlands.
1. This Section shall apply to all land containing wetlands and land within the buffer strip or setback areas as required herein. Wetlands shall be subject to the requirements of this Section and to the requirements established in Title 15. Environmental Standards.
2. Wetlands shall be located and identified according to the standards established in Title 15: Environmental Standards, Chapter 4: Wetland Conservation.
3. Only that portion of the land within the boundaries of the wetland and its required buffer or setback shall be subject to the requirements of this Section.
C. General Standards. The following standards apply to all lands containing or abutting a wetland:
1. The standards contained in this Section shall be applicable if any portion of a wetland or a required buffer area are located on a lot or parcel, regardless of if the delineated wetland, or a portion thereof, is on the property.
2. Any septic or soil absorption area must be setback a minimum of 75-feet from the delineated wetland boundary.
3. The lowest ground floor elevation must be a minimum of two feet (2') above the 100-year flood elevation, or a minimum of three feet (3') above the Ordinary High Water Mark of public waters, as regulated by Title 15: Environmental Standards.
4. Structures, such as a bridge, intended to provide access across a wetland are prohibited unless a permit is obtained in conformance with State Regulations.
5. The MPCA’s Best Management Practices and Minnesota Storm Water Manual, as applicable, shall be followed to avoid erosion and sedimentation during any construction process that may impact a wetland or its buffer area.
6. Before the City issues a Building Permit for a lot with a required wetland buffer area, the lot owner shall clearly mark the buffer boundary with flags or other physical monumentation to denote the area that will be protected and untouched during the construction process.
7. Wetlands and any required buffer area must be kept free of any impervious surface and of any structures and features including play equipment, fences, retaining walls, accessory structures or buildings, unless an approved mitigation and replacement plan is obtained.
8. Wetlands and their required buffer area may not be used for any filling or dumping.
9. Wetlands and their required buffer area may not be used for outside storage of any household or personal items, lawn equipment, furniture, firewood, parts, yard waste, or similar.
10. Any swimming pools, patios, decks, drive aisles, parking lots, etc., must be setback a minimum of five feet (5') from any required buffer area, whichever is greater, unless otherwise permitted by Title 15: Environmental Standards.
11. Water quality ponds may encroach into required wetland buffer areas provided that the amount of encroachment may not exceed 50 percent of the total area required for the buffer.
12. All Structures and Buildings on land affected by a delineated wetland or buffer shall be subject to the requirements of Table [12-4A-4.1].
D. Buffer Requirements.
1. The vegetation requirements for all required Buffer Areas are established in Title 15, Chapter 4: Wetland Conservation, Section [15-4-6
].
2. The vegetation plan for revegetation of any disturbed Buffer Areas may be subject to review and approval by the Natural Resources Commission.
3. Any request for a Variance from the required setback from the Buffer Area, or reduction in Buffer Area must follow the Variance requirements and process as established in Chapter [5] Administration.
E. Wetland Alteration or Replacement Plans.
1. Any request for wetland alterations or modifications shall be subject to Minnesota Rules, Chapter 8420.
2. Wetland Replacement Plans must be reviewed and approved by the City Council.
3. Wetland Replacement Plans must provide a planting list which contains both the common and botanical names of each species to be planted.
4. If a Wetland Replacement Plan is approved, the established delineated boundary shall be used in calculating the required setback and Buffer Area. (Ord. 592, 9-17-2024; amd. Ord. 603, 10-7-2025)
12-4A-5: LANDSCAPING REQUIREMENTS:
A. Purpose. The purpose of this Section is to regulate the installation and maintenance of landscape improvements in areas of the City developed with uses other than single-family detached and attached residential uses. The regulations that follow are intended to support and reinforce the City’s commitment to natural resources and green space throughout the City.
B. Applicability. The following landscape requirements apply to all new development or redevelopment of multi-family, mixed-use, industrial, and business uses. Landscape requirements for single-family detached and attached residential uses are provided in Section [12-4B-2] of this Chapter.
C. Landscape Plan Required, Contents. Landscape plans prepared by a registered landscape architect shall be submitted as part of the application for Building Permit or Site Plan approval. Landscape plans must be drawn to a scale of not less than one-inch equals fifty feet (1" = 50') and must include the following information:
1. Boundary lines of the property with accurate dimensions.
2. Locations of existing and proposed buildings, parking lots, roads and other improvements.
3. Location, approximate size and common name and botanical name of existing trees and shrubs.
4. Planting schedule containing symbols, quantities, common and botanical names, size of plant materials and root condition.
5. Planting details illustrating proposed locations of all new plant material.
6. Details of restoration of disturbed area including areas to be sodded or seeded.
7. Locations and details of other landscape features including berms, fences and planter boxes and all other landscaped features.
8. Location and details of irrigation systems; and details and cross sections of all required screening.
9. Identification of all Significant Trees as defined in Title 15. Environmental Standards, existing stands of trees and tree removal plan identified.
D. Minimum Area and Plant Material Required.
1. At least 25 percent of the land area must be landscaped with grass, ground cover, shrubbery and trees.
2. At least ten percent of any surface parking lot or area must contain landscape medians, tree trenches, or other pervious landscape area.
3. The minimum tree and vegetation planting size requirements are established in Table [12-4A-5.1].
4. As many existing native and non-invasive trees as is practicable must be preserved and must be shown on the Site Plan. All Significant or Heritage Trees scheduled for removal must be identified on the Site Plan. Removal of Significant or Heritage trees beyond the thresholds established in Title 15, Chapter 3: Urban Forest Preservation will require compliance with all requirements as defined and listed in Sections 15-3-5
and 15-3-6
.
5. Removal of all invasive trees or plants should be identified as part of the initial landscape plan.
6. All new overstory trees must be balled and burlapped or moved from the growing site by tree spade.
7. All site areas not covered by buildings, sidewalks, parking lots, driveways, patios or similar hard surface materials must be sodded or planted with a native ground cover, except undisturbed areas to be preserved in a natural state and areas planned for future building expansion may be seeded.
8. A maximum of 50 percent of the required number of trees may be composed of one species. The following trees species do not qualify for the Required Plantings:
a. A species of the genus Ulmus (except those elms bred to be immune to Dutch elm disease).
b. Box elder.
c. A species of genus Populus (poplar).
d. Female ginkgo.
e. Amur maple.
f. Norway maple.
g. Russian olive.
h. Ash.
i. Buckthorn.
j. Black locust.
9. Maintenance of Landscaping. The owner, tenant and their respective agents are jointly and severally responsible for the maintenance of all landscaping in a condition presenting a healthy, neat and orderly appearance that is free from refuse and debris. The owner or developer is responsible for the removal of all invasive species during the construction or redevelopment process. After site development or redevelopment, the owner or their assigns, must continue to remove invasive species from their lot or landscape areas according to an agreed maintenance schedule. Trees, plants and ground cover that die and are required by an approved Site Plan or Landscape Plan must be replaced as soon as seasonal or weather conditions allow.
a. A plan to provide adequate maintenance of landscaped areas must be provided as part of the Landscape Plan review. An underground sprinkler system may be required as part of any new development depending on the planting plan and the required maintenance based on the plant types. A sprinkler system must be designed to water and maintain all manicured landscape areas that are not designed with native plants.
10. Bond Requirements.
a. When screening, landscaping or similar improvements to property are required by this Chapter, a performance bond must be supplied by the owner in an amount equal to at least one and one-half (1.5) times the value of such screening, landscaping, or other improvements. The bond, with security satisfactory to the City, shall be conditioned upon reimbursement of all expenses incurred by the City for engineering, legal or other fees in connection with making or completing such improvements. The bond shall be provided prior to the issuance of any Building Permit and must be valid for a period of time equal to one full growing season after the date of installation of the landscaping. The City may accept a letter of credit, cash escrow or equivalent in lieu of a bond in an amount and under such conditions as the City may determine to be appropriate. In the event construction of the project is not completed within the time prescribed by the City Council, the City may, at its option, complete the work required at the expense of the owner and the surety.
b. The City may allow an extended period of time for completion of all landscaping if the delay is due to conditions which are reasonably beyond the control of the developer or owner. Extensions may not exceed nine (9) months and may be granted due to seasonal or weather conditions. When an extension is granted, the City shall require such additional security as it deems appropriate. (Ord. 592, 9-17-2024; amd. Ord. 603, 10-7-2025)
12-4A-6: IMPERVIOUS SURFACE REQUIREMENTS:
A. Purpose. The purpose of this Section is to establish standards for calculating impervious surface on a lot to ensure that each lot has pervious area to help support localized surface water and stormwater management.
B. Applicability. The following standards apply to all Base Zoning Districts. Additional standards and regulations may be identified in an Environmental Overlay District, and where such standards exist, the more restrictive standard shall apply.
C. General Provisions.
1. Impervious Surface Coverage calculations must include any ground surface material or structure that retards water from being absorbed into the ground. Such impervious surfaces include, but are not limited to, covered structures such as buildings and structures, gazebos and decks, asphalt, concrete, class 5, pavers or similar.
a. If an Owner proposes to use a pervious paver or pavement and exclude it from the impervious calculation, the Public Works Director must review the specification and determine that the material if properly maintained does not meet the definition of impervious and can be excluded from this requirement.
2. To determine the impervious surface coverage on a lot the total ground floor area of buildings, structures and improvements such as sidewalks, driveways, accessory buildings or structures, etc., must be added to determine the combined total square footage. The total square feet of impervious surface may not exceed the maximum impervious surface coverage percent of a lot as established in Chapter 2 of this Zoning Ordinance.
3. A property Owner may appeal the decision of the Zoning Administrator or Public Works Director that a material or structure is pervious and therefore does not contribute to the impervious surface calculation. The appeal process is established in [Chapter 5. Administration] of this Zoning Ordinance. (Ord. 592, 9-17-2024)
12-4A-7: STRUCTURE HEIGHT STANDARDS:
A. Purpose. The purpose of this Section is to establish certain exceptions or regulations to the maximum height permitted in a Base Zoning District.
B. Exceptions for Increased Maximum Height in all Zoning Districts.
1. The maximum height established in each Base Zoning District contained in Chapter 2 may be increased by 50 percent for the following structures:
a. Belfries, chimneys, church spires, cooling towers, cupolas and domes which do not contain usable space, elevator penthouses, fire and hose towers, flagpoles, monuments, observation towers, smokestacks, water towers.
2. Parapet walls extending a maximum of three feet (3') above the permitted height of the building established by the Base Zoning District.
3. Properties or lots located in the Mississippi River Corridor Critical Area (MRCCA) are subject to the height standards if more stringent than the exceptions stated herein.
C. Height Standards for Infill Development in R-1 Zoning District. The following height standards are established for any infill lot in the R-1 Zoning District:
1. The permitted maximum height shall be determined by taking the average of the two adjacent principal residential structures, but in no case shall the maximum be set lower than 15-feet.
2. To exceed the maximum height established in C.1, a Conditional Use Permit must be obtained. In no case shall the permitted height exceed 25-feet unless a Variance is also obtained.
D. Properties or lots located in the Mississippi River Corridor Critical Area (MRCCA) are subject to the height standards established by Chapter [6] if more stringent than the exceptions stated herein. (Ord. 592, 9-17-2024)
12-4A-8: ACCESSORY STRUCTURE STANDARDS:
A. Purpose. The purpose of this Section is to regulate the type, placement, size, and use of all Accessory Structures in the City. The City has determined that regulating Accessory Structures protects the character of neighborhoods by ensuring that development and use of individual lots is consistent and maintains orderly development patterns.
B. Applicability and Type. All Accessory Structures in the City are subject to certain standards and regulations as described herein. In addition to the General Provisions, the City has classified Accessory Structures into three categories:
1. Private Garage. Means an Accessory Structure that is generally used for storage of personal vehicles and other residential storage and is for the purpose of serving a single-family attached or detached residential unit.
2. Storage Building. Means an Accessory Structure that is generally used for the storage of personal items. Such structures may include a small storage shed or chicken coop, etc.
3. Non-Building Structures. A Non-Building Accessory Structure means any permanent physical improvement to a lot that does not meet the definition of a Building. Such Accessory Structure is permanently affixed to the land and may increase the impervious coverage of a property, is subject to certain dimensional requirements and may require an Administrative Permit. Examples of Accessory Structures include, but may not be limited to: sport courts, above ground or inground swimming pools, swing sets, children’s play structure or treehouse, sandboxes/volleyball courts, sport court, gazebos, patios, etc. There is no limit on the number of permitted non-building accessory structures permitted on a lot.
C. General Provisions. The following standards are established and are applicable to all residential and non-residential Accessory Structures in the City.
1. Setback Requirements. All lots must meet the following standards:
a. No detached Accessory Structure that is a building shall be located closer to the front lot line than the Principal Building on that lot.
b. Setback from Principal Building. No detached Accessory Structure that is a Building shall be erected, altered, or moved within five feet (5') of the Principal Building.
c. All other Accessory Building setback requirements are established in Chapter 2 of the Base Zoning District in which the lot is located.
d. All Accessory Structures that are not Accessory Buildings must be a setback a minimum of five feet (5') from any lot line,
2. Impervious Surface Requirements. All lots must meet the impervious surface coverage requirements as established in the Base Zoning District in which the lot is located. The calculation must include all Accessory Structures as described herein if they meet the definition of impervious.
3. No Accessory Structure shall be permitted to be constructed on a site without a Principal Building or Use.
4. Time for Construction. No Accessory Structure, including parking area, shall be constructed on any lot prior to the time of construction of the Principal Building to which it is accessory.
5. Use Restrictions. No Accessory Building, tent, or any other temporary Accessory Structure may be used as an occupied dwelling for human habitation.
6. Subdivision. In the event that any property upon which an Accessory Structure has been erected and is later subdivided, then the number and size of Accessory Structures on the subdivided property shall conform to the requirements of this Zoning Ordinance. Any Accessory Structures that do not conform must be relocated, removed or reconstructed so that all resulting lots and improvements conform with this Zoning Ordinance.
7. Administrative Permit Required. All Accessory Structures require an Administrative Permit to verify size and location of the structure to ensure compliance with the standards and requirements identified in this Chapter.
D. Private Garage. The following standards shall apply to all Accessory Structures that are defined as a Private Garage.
1. General Provisions applicable to all lots or parcels.
a. One (1) Private Garage, which may be attached or detached to the Principal Building, per residential lot or unit is permitted in all Residential Base Zoning Districts.
b. The size of a Private Garage shall be calculated based on the building footprint area. The following size standards shall apply:
(1) Private Garage Attached to Principal Building.
(A) Up to 1,200 square feet; or
(B) Greater than 1,200 square feet to 1,500 square feet with a Conditional Use Permit.
(2) Private Garage Detached from Principal Building.
(A) Up to 750 square feet; or
(B) Greater than 750 square feet to 1,000 square feet with a Conditional Use Permit.
2. Exception for Two (2) Private Garages on a Lot. On parcels that contain more than 0.75 acres of Buildable Area a second detached Private Garage may be permitted provided the standards established in Table [12-4A-8.1] and any other applicable standards are met.
3. Standards For Private Garages.
a. Floor Elevation. The floor of a Private Garage must be at least one and one-half feet (1 ½’) above the street grade at the curb unless a deviation is granted by the Public Works Director upon determination that a lower elevation is appropriate.
b. Garage Doors. No more than 36 linear feet of garage door per structure as viewed from the public right-of-way, measured horizontally, may be installed to provide access to any Private Garage or other Accessory Building on a single- or two-family residential property. More than 36 linear feet of garage door as viewed from the public right-of-way may be permitted with a Conditional Use Permit.
c. Height. Maximum height of a garage door is nine feet (9'), or up to 12 feet may be permitted with a Conditional Use Permit (CUP).
d. Total Size. The total building footprint area of all attached and detached Private Garages on a lot may not exceed the finished square footage of the Principal Building.
e. Design Compatibility. Detached Private Garages must be architecturally compatible with the Principal Building, including exterior design, materials and colors.
E. Storage Building. The following standards shall apply to all Accessory Structures defined as a Storage Building.
1. General Provisions applicable to all Zoning Districts.
a. One (1) Storage Building is permitted on each lot or parcel in all Base Zoning Districts.
b. The maximum size of a Storage Building is 144 square feet.
c. Exception for two (2) Storage Buildings. A second Storage Building is permitted on each lot or parcel if the Storage Building is defined as a Chicken Coop and Run that meets the specific requirements as provided in [Subsection (2.) herein]. A lot may contain only a Chicken Coop and Run, and depending on its size, may impact the permitted square footage of a second Storage Building as identified in (iv.) below.
d. A maximum of 225-square feet of combined Storage Building and Chicken Coop/Run is permitted on each lot/parcel in all Base Zoning Districts.
2. Storage Building - Requirements for Chicken Coops and Runs. The following standards are applicable to all Chicken Coops and Runs:
a. Size, Setback and Building Requirements.
(1) The required dimensions of a coop and run are:
(A) The interior floor space of the chicken coop must provide a minimum of two (2) square feet for each chicken authorized under the Administrative Permit. The floor area of the run must have a minimum of five (5) square feet per chicken. The maximum area of the coop and run is 144 square feet.
(B) The maximum height of the coop and run is ten feet (10'), regardless of if it is attached to an Accessory Structure used for other purposes. The chicken coop portion of such a structure may not be taller than ten feet (10').
(C) The coop and run must be set back a minimum of ten feet (10') from the side and rear lot lines of the property on which the coop is located. The coop and run must be located in the rear or side yard and are not permitted in the front yard of a property.
(D) The chicken run shall be fully enclosed (sides and top) by fencing or other similar materials.
b. Regulations. The keeping, harboring, maintaining, or possessing of any chicken must comply with the following:
(1) Limit. a maximum of six (6) chickens shall be kept or harbored on the lot to which the Administrative Permit is granted.
(2) Roosters. The keeping of roosters is prohibited.
(3) Slaughter. Slaughtering of chickens on any property zoned for residential use is prohibited.
(4) Eggs. No chicken eggs shall be sold or offered for sale; all chicken eggs shall be for personal use or consumption.
(5) Fighting. Chickens shall not be raised or kept for fighting.
(6) Food. Food materials stored outside must be contained within closed containers with lids.
(7) Sanitation. All containment areas and structures shall be maintained in a clean, sanitary and odor free environment and must be free from rodents or other pests at all times.
(8) Disposal of Waste. Fecal waste or coop related litter must be removed at such reasonable times to prevent odors from emitting over property lines. Such waste or litter must be double bagged and disposed of properly. Waste or litter is allowed to be composted on the property, provided the composting is done in a sturdy, weather resistant compost bin or dedicated enclosure. Should the composting be done in an unhealthy or ineffective manner, whereby creating a public nuisance or complaint from a neighboring resident, the permit holder shall immediately cease all waste composting on the property and remove such waste composting bin(s) if so ordered by the Zoning Administrator or animal warden.
(9) Nuisance. Chickens may not be kept in such a manner as to constitute a public nuisance. Any violation of the provisions of this Subsection shall be deemed a public nuisance.
(10) Inspection. Any chicken coop and run authorized under this Section may be inspected at any reasonable time by the Zoning Administrator, animal warden or their designee.
(11) In addition to the Administrative Permit application requirements established in Chapter 5, the following information shall be submitted with the application:
(A) The number of chickens to be kept on the premises; and
(B) A Site Plan to show the location, the dimensions and design of the coop and run. The Site Plan must show detailed dimensions to demonstrate compliance with the chicken coop and run specifications provided in this Section; and
(C) A statement certifying whether the property’s homeowners’ association rules, if any, prohibit the keeping of chickens on the property; and
(D) Any other and further information as the City deems necessary.
(12) Revocation. An Administrative Permit granted under this Section of the Code may be revoked by the Zoning Administrator or Animal Warden with a finding in writing to the Applicant that a violation of any of these standards has occurred or that there is a threat or public health, safety or welfare. Such revocation may be appealed to the City Council, whose decision shall be final.
F. Non-Building Accessory Structure. The following standards shall apply to all Accessory Structures defined as a Non-Building Accessory Structure.
1. General Provisions applicable to all Base Zoning Districts.
a. Impervious Surface Coverage. The permitted size and area of Non-Building Accessory Structures is limited by the maximum impervious surface coverage established for the Base Zoning District in which the lot is located. Such improvements must be calculated and combined with all other improvements on the lot to demonstrate compliance with the maximum impervious surface coverage requirements.
b. Temporary Non-Building Accessory Structures. Any temporary structure such as a seasonal hoop house, garden structure, ice rink boards, etc., that is installed for seasonal purposes, must be sited to meet all applicable setbacks and may not be permanently affixed to the ground on a year-round basis and is not subject to the impervious surface calculation.
c. Location. A Non-Building Accessory Structure, provided such structure is not covered with a roof or similar architectural treatment, may be located in front of a Principal Building if it is properly screened from the public right-of-way and it meets the required front yard setback.
2. Specific Provisions regarding certain Accessory Structures.
a. Childrens Play Structure or Treehouses. A play structure or treehouse may not include a permanent foundation, sheetrock, power, plumbing or any other improvements that would require a building or electrical permit. A play structure or tree house not meeting this criterion is not permitted.
G. Temporary Family Healthcare Dwellings. Pursuant to authority granted by Minnesota Statutes Section 462.3593, subdivision 9, the City of Mendota Heights opts out of the requirements of Minnesota Statutes Section 462.3593, which defines and regulates temporary family healthcare dwellings. By opting out, the City expressly prohibits temporary family healthcare dwellings as defined in Minnesota Statues Section 462.3593. (Ord. 592, 9-17-2024)
12-4A-9: OFF-STREET PARKING AND LOADING:
A. Purpose. The purpose of this Section is to regulate off-street parking and loading spaces to alleviate or prevent congestion of the public right-of-way; to promote the safety and general welfare of the public by establishing minimum requirements for off-street parking; and to provide standards for loading and unloading motor vehicles based on the use of a lot, parcel or structure.
B. Applicability. The regulations and requirements set forth in this Section shall apply to any required or nonrequired off-street parking facilities in all Base Zoning Districts.
C. Site Plan Required. All applications for an Occupancy Permit must include a Site Plan application as described in Chapter [5] Administration to demonstrate adequate off-street parking and loading facilities are provided.
D. General Provisions.
1. Floor Area. For the purpose of calculating the number of off-street parking spaces required, the net usable floor area of the floors devoted to retail sales, services, office space, processing and fabrication, exclusive of hallways, utility space, and storage areas other than warehousing shall be used.
2. Reduction of Existing Off-Street Parking and Loading Spaces. Off-street parking spaces and loading spaces existing upon the effective date of this Chapter may not be reduced in number unless the number of existing spaces exceeds the requirements set forth herein for a similar new use.
3. Benches in Places of Public Assembly. In stadiums, churches and other places of public assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, every 22 inches of seating area is equivalent to one (1) seat for the purpose of determining the number of required parking spaces.
4. Size of Spaces. The dimensions of each parking space must be a minimum of nine feet (9') wide by 20 feet in length, exclusive of access drives. The length of the parking space may be reduced to 18 feet if the parking space is designed to overhang a green space or landscape area.
5. Parking Space and Drive Aisle Standards. Unless otherwise noted in this Zoning Ordinance, parking space and drive aisle standards shall be designed to comply with the standards established in Table [12-4A-9.1] Parking and Drive Aisle Standards.
Table 12-4A-9.1. Parking Stall and Drive Aisle Standards. | ||||
Angle of Parking | Stall Width Parallel to Aisle | Stall Length of Line | Aisle Width | Stall Depth |
45 Degrees | 9 ft. | 19 ft | 15 ft (one-way) | 17 ft. 6 in. |
60 Degrees | 9 ft. | 19 ft. | 20 ft (one-way) | 17 ft. 6 in. |
90 Degrees | 9 ft. | 18 ft. | 24 ft. | 18 ft. |
Parallel | 8 ft. | 20 ft. | 26 ft. | 20 ft |
6. Use of Parking Facilities.
a. Residential Base Zoning District. The following standards apply to all property located in a Residential Base Zoning District.
(1) Off-street parking facilities accessory to a principal residential use must be utilized solely for parking of passenger automobiles.
(2) Under no circumstances shall parking facilities accessory to residential structures be used for open area storage of commercial vehicles.
(3) No Semitrailer, Truck Tractor, or a combination thereof, or any Custom Service Vehicle as defined in Title 6, Section [6-1-2
] of the City Code, or any truck in excess of 9,000 pounds gross vehicle weight may be parked within a Residential Base Zoning District except for the purpose of loading, unloading, or in the process of making a delivery.
(4) Exceptions in Residential Base Zoning Districts. For each dwelling unit, one truck not to exceed 3,000 pounds rated capacity may be parked on a residential lot, provided that such truck is used by the occupant of the residence.
b. Commercial or Industrial Base Zoning District. The following standards apply to any property located in the Commercial or Industrial Base Zoning Districts.
(1) Any off-street parking space that is required to be provided for employees, patrons, visitors, etc., of a permitted use may not be utilized for open storage of goods or for the storage of vehicles which are inoperable, for lease, rent or sale.
7. Location.
a. Residential Base Zoning Districts: Any required off-street parking in the Residential Base Zoning Districts must be on the same lot as the Principal Building.
b. Setbacks in all Base Zoning Districts: Required off-street parking in all Base Zoning Districts must meet the following setback requirements:
(1) Within all Residential Base Zoning Districts, all vehicles normally owned or kept by the occupants on the premises must have a garage stall or parking space on the lot in a location other than a required yard; except, that parking may be located in a rear yard to within five feet (5') of an interior side lot line and rear lot line.
(2) All driveways constructed to serve single-family dwellings on corner lots must be set back a minimum of 30 feet from the property lines adjacent to the street corner.
c. Setbacks in Business and Industrial Base Zoning Districts: (See Figure [12-4A-9.1 and 12-4A-9.2] of this Section.)
(1) In the B-1, B-2 and Industrial Zoning Districts when a property is located across the street from a property zoned R-1, parking spaces may not be located within the front yard.
(2) In B-1, B-2 and Industrial Zoning Districts, when a property is located across the street or abuts a Residential Base Zoning District, the required parking spaces must be located a minimum of 20-feet from the abutting lot lines.
(3) In the Industrial Zoning District, parking spaces or aisles serving parking areas must be setback a minimum of 20-feet from any public right-of-way and a minimum of ten feet (10') from a building or lot line.
Figure 12-4A-9.1 Business and Industrial Off-Street Parking - Across or Abutting a Base Residential Zoning District)
8. Surface and Materials .
a. Any required off-street parking area must be surfaced with a hard, all weather, durable material with an approved curb or bumper stops defining the edge of all parking areas and driveways. All parking areas containing more than six (6) spaces facing a public street or Residential Base Zoning District must have a solid screen, wall or fence a minimum of four feet (4') high but may not exceed six feet (6') high.
9. Screening. Screening of off-street parking must comply with the standards established in Section [12-4D-2
].
10. If a property is zoned B-1, B-2 or Industrial and is not across the street or abutting a Residential Base Zoning District, the parking spaces must be located at least 20 feet from the front lot line and ten feet (10') from any side or rear lot line. For the purpose of applying this Section, all lot lines abutting a public street are considered a front lot line. See [Figure 12-4A-9.2] of this Section.
Figure 12-4A-9.2 Business and Industrial Off-Street Parking - Not Across or Abutting a Base Residential Zoning District
a. Within the B-1, B-2 and Industrial Base Zoning Districts, off-street parking spaces must be setback a minimum of 20' from any public street right-of-way line.
11. Driveway Access Required. All off-street parking spaces must have access from a driveway and may not be accessed directly from a public street.
12. Joint Parking Facilities. Off-street parking facilities for a combination of one or more uses may be provided collectively in any Base Zoning District except for single-family detached uses, provided that the total number of spaces equals the sum of the separate requirements for each use.
13. Off Site Parking Facilities. When required accessory off-street parking facilities are provided other than on the lot on which the principal use is located, written authority for using such property for off-street parking must be filed with the City so that the required number of off-street parking spaces for the duration of the principal use is maintained. No off-site parking facilities may be located more than 100-feet from the principal use.
E. Design And Maintenance of Off-Street Parking Areas.
1. Access, Width and Location. Parking areas must be designed to provide an adequate means of access to a public alley or street. The driveway access may not be more than 25-feet in width at the property line in Residential Base Zoning Districts and may not be more than 30-feet in width at the property line in all other Zoning Districts. The driveway access must be located to cause the least interference with traffic movement.
2. Calculating Space. When the number of required off-street parking spaces results in a fraction, each fraction of one-half (1/2) or more shall require a full space.
3. Signs. Signs located in any parking area necessary for orderly operation of traffic movement are not to be included as a part of the permitted advertising sign square footage.
4. Surfacing. Subject to the provisions of [Section 12-4B-2B2] of this Chapter, the area intended to be utilized for parking space and driveways must be surfaced with a hard, all weather, durable material and is subject to the approval of the City Council, except for parking areas of less than three (3) vehicles.
5. Lighting. Lighting must have no direct source of light visible from the public right-of-way or adjacent land in a Residential Base Zoning District.
6. Curbing, Bumper Guards and Landscaping. All open off-street parking areas designed to have head in parking along the interior property line must provide a bumper curb or guard of normal bumper height to ensure that no part of any car will project beyond the required setbacks as established in this Chapter. When such area is for six (6) spaces or more and not located to the rear of a building, a curb or fence not over three feet (3') in height must be created at the required parking setback line, and grass or planting must occupy the space between the property line and the required curb or fence.
7. Maintenance of Off-Street Parking Areas. The operator of the principal use, uses or structures shall maintain in a neat and adequate manner the parking space, accessways, landscaping and required curbs and fences.
F. Number of Required Off-Street Parking Spaces. The number of required off-street parking spaces based on the use of a structure or property is identified in Table [12-4A-7.3].
Type of Use | Number of Parking Spaces Required |
Auto repair - major, bus terminal, taxi terminal, boat and marine sales, bottling company, shop for trade employing 6 people or less, garden supply store, building material sales | Minimum of 8 spaces, plus 1 additional space for each 800 square feet of floor area over 1,000 square feet. |
Bowling alley | 5 spaces for each alley. |
Church, auditorium, gathering/ congregating space | 1 space for every 3 1/2 seats based on the design capacity of the main assembly hall. |
Community center, post office, YMCA, YWCA, physical culture studio, pool hall, library, private club, lodge, museum | 10 spaces, plus 1 space for every 300 square feet of floor area greater than 2,000 square feet in the principal structure. |
Daycare center | 4 spaces, plus 1 space for every 500 square feet of floor area greater than 1,000 square feet in the principal structure. |
Drive-in and fast-food restaurant | 1 space for each employee per shift in addition to at least 1 space for every 15 square feet of gross floor area in the building, as per [Section 12-3B-4B.5] of this Title. |
Furniture store, appliance store, warehouse - under 15,000 square feet of floor area; auto sales, and studio | 1 space for every 500 square feet of floor area in the principal structure. |
Golf course, country club, tennis club, public swimming pool | 20 spaces, plus 1 space for every 300 square feet of floor area greater than 1,000 square feet in the principal structure. |
Hospital | 1 space for each 1 hospital bed. |
Manufacturing, fabricating or processing of a product or material | Minimum of 4 spaces, plus 1 space for every 800 square feet of building; and 1 space for every 2,500 square feet or fraction thereof of land devoted to outside storage. |
Motel, motor hotel, motor court, or hotel | 1 space for each guestroom. |
Motor fuel station and motor fuel station convenience store | Minimum of 4 surface spaces, plus 3 spaces for each enclosed service stall; and 1 outside space for every 150 square feet of floor area devoted to retail sales in a motor fuel station convenience store. In the case of rental of trailers, trucks and other vehicles, 1 space must be provided for each rental unit stored on site. |
Multi-family residential use (5+ dwelling units) | 1 space per dwelling unit, or 1 space per bedroom, whichever is greater. |
Office building and professional office having less than 6,000 square feet of floor area | 3 spaces, plus 1 space for every 500 square feet of net usable floor area. |
Office building and professional office having 6,000 square feet or more of floor area, bank, savings institution | 1 space for every 200 square feet of net usable floor area. |
Restaurant, café, bar, tavern, nightclub | 1 space for each employee per shift and 1 space for every 3 seats in the facility. |
Retail sales and service establishment | Minimum of 7 spaces, and 1 space for every 200 square feet of gross floor area greater than 1,000 square feet. |
School, high school | 1 space for every 7 students (based on design capacity) plus 1 space for every 3 classrooms. |
School, trade school and college | 1 space for each classroom, plus 1 space for every 2 students, (based on design capacity) plus parking ratios based on other uses established on this table. |
Single-family detached or attached dwelling unit (1 to 4 dwelling units) | 2 spaces for each unit, one must be covered. |
Skating rink, dance hall, public auction house, golf driving range, miniature golf, trampoline center and similar uses | Minimum of 15 spaces, plus 1 additional space for every 300 square feet of floor area greater than 2,000 square feet. |
Theater, athletic field | 1 space for every 3 seats (based on design capacity). |
Warehouse, storage handling of bulk goods | 1 space for every 2,000 square feet of gross floor area. |
Uses not specifically noted | As determined by the City Council following review by the Planning Commission. |
G. Off-Street Loading and Unloading.
1. Location:
a. All Loading Berths must be off-street and must be located on the same lot as the building or use to be served.
b. Minimum Setbacks of a Loading Berth.
(1) A minimum of 50 feet from the intersection of two (2) street rights-of-way.
(2) A minimum of 100 feet from the intersection of street rights-of-way of major thoroughfares.
(3) A minimum of 50 feet from a Residential Base Zoning District, unless the Loading Berth is fully enclosed within a building.
c. Loading Berths must be located outside the require front yard setback.
d. Size. Unless otherwise specified, the first Loading Berth shall be not less than 12 feet in width and 50 feet in length. Additional Loading Berths must not be less than 12 feet in width and 25 feet in length. All Loading Berths must maintain a height of 14 feet or more.
e. Access. Each Loading Berth must be located with appropriate means of access to a public street or alley in a manner that will interfere least with traffic.
f. Surfacing. All Loading Berths and accessways must be surfaced with asphalt or concrete.
g. Screening. External loading and service areas must be completely screened from the ground level view from any abutting residential or commercial properties and any public right-of-way, except at access points and driveways. Minimum screening requirements are set forth in [Section 12-4D-2B].
h. Accessory Use Prohibited. Any area allocated as a required Loading Berth or access drive to comply with the terms of this Chapter may not be used for the storage of goods, inoperable vehicles, and may not be included as a part of the area required to meet the off-street parking area.
H. Required Loading Berths. The use of a property is correlated to the required number of Loading Berths on a site. All uses must comply with the standards established in Table [12-4A-9.4.]
Type of Use | Loading Berth Required |
Auditorium, convention hall, public building, hospital, school, hotel, sports arena | 1 Berth 25 feet in length for each building having 1,000 to 10,000 square feet of floor area; for those buildings having 10,001 square feet of floor space to 100,000 square feet of floor area or fraction thereof, 1 additional Berth 50 feet in length. |
Manufacturing, fabrication, processing and warehousing | 1 Berth 25 feet in length for each building having 3,000 square feet or fraction thereof, plus 1 Berth 50 feet in length for each 25,000 square feet of floor area up to 100,000 square feet, plus 1 Berth for each 50,000 square feet of floor area over the first 100,000 square feet of floor area. The operator of the business shall have the option to declare the length of the Berth required for buildings above 100,000 square feet of floor area; except, that ½ or more of the total number of Berths required shall be 50 feet in length. |
Retail sales and service store, office | 1 Berth 25 feet in length for each building having 6,000 square feet of floor area or more, plus 1 additional Berth 50 feet in length for each 25,000 square feet of floor area up to 100,000 square feet. |
Nonresidential uses having 5,000 square feet of floor space or more and not included as part of the above 3 listed uses | 4,000 to 20,000 square feet of floor area, 1 Berth; for every additional 10,000 square feet of floor area or fraction thereof above 2,500 square feet, 1 additional Berth. |
(Ord. 592, 9-17-2024; amd. Ord. 603, 10-7-2025)
12-4A-10: FENCES:
A. Purpose. The purpose of this Section is to regulate the placement, height and type of fencing permitted in the City. The City has determined that fencing can be an effective buffer or screen between visually incompatible uses and can function to separate or delineate between individual lots. The following standards are established.
B. Applicability. The following standards shall be applicable to all Base Zoning Districts.
1. Permit and Compliance Required:
a. Application. An application for a Fence Permit is required for any fence six feet (6') or less in height. A Fence Permit and a Building Permit are required for any fence in excess of six feet (6').
b. Exception. Temporary fences installed to surround a hockey or skating rink do not require a Fence Permit during the winter season. Fences for this purpose are permitted to be a maximum of four feet (4') or less in height and must be removed no later than March 31 of each year.
2. Location.
a. All fences must be located entirely on the private property of the persons, firms or corporations constructing or causing the construction of such fence unless the owner of the adjoining property agrees in writing that such fence may be erected on the property line of the respective properties.
b. No fence may be installed in a location that would prevent a fire hydrant from being immediately discernible or in any manner to deter or hinder the fire department from gaining immediate access thereto.
3. Construction and Repair.
a. Construction and Maintenance:
(1) Every fence must be constructed in a substantial, workmanlike manner and of substantial material reasonably suited for the purpose for which the fence is proposed to be used.
(2) Every fence must be maintained in a condition of reasonable repair and may not become, or remain, in a condition of disrepair or danger, or constitute a nuisance, public or private.
(3) Any fence that is in violation of this Chapter, or has become dangerous to the public safety, health or welfare, is a public nuisance and the Code Enforcement Officer shall commence proper proceedings for the abatement thereof.
(4) Face Side: That side of the fence considered to be the face (the side opposite the post) must face abutting property or the street or other public right-of-way.
(5) Height: The Fence height shall be measured at a point six inches (6") below the top of the supporting posts. No fence or material between posts is permitted to be greater in height than the highest post on either side of said fence material.
C. Fences in Residential Base Zoning Districts.
1. Height, Style and Location.
a. Front Yard. The maximum height of a fence in a front yard is four feet (4') in height.
b. Interior Lot Line. The maximum height of a fence erected on interior lot lines behind the front yard setback line and on any rear lot line is six feet (6') in height.
c. Rear Yard. The maximum height of a fence erected on a rear lot line is six feet (6') in height.
d. Corner Lot. The maximum height of fence along that portion of the side lot line equal to the front yard setback is four feet (4'). A fence up to six feet (6') may be permitted but must be reviewed and approved by the Public Works Director. Additional setbacks from the property line may be required at the discretion of the Public Works Director based on existing improvements or the presence of any easements.
e. Style of Fences. Fences in front yards must be an open decorative style fence so that at least 30 percent of the plane between the ground and the top of the fence is open.
f. Gates. Where a gate is proposed to obstruct access to a driveway in a yard abutting a street or other public right-of-way, such gate requires a Conditional Use Permit, and must comply with the following conditions:
(1) The applicant must show that the gate is needed to mitigate an unsafe condition related to visibility of the driveway and gate area from the principal building, intersection of the driveway with the public street, or other unsafe condition as approved by the City.
(2) All plans and specifications for the proposed gate must be reviewed, and approved, by the Police and Fire Departments prior to installation.
(3) The minimum setback of a gate from the paved edge of a street is 25 feet.
(4) Gates may be a maximum of five (5') feet in height.
(5) The gate must be able to be opened in the event of a power failure.
(6) All gates must be equipped with an override to any latch or electronic closure to ensure access by Police and Fire Department or a Code Enforcement Officer at all times. The override mechanism must be properly functioning and must not be disabled by the property owner.
(7) Gates are considered fences for the purposes of this Subsection [12-4A-10
C], requiring a Building Permit, and are subject to all other applicable fence regulations, including, but not limited to, building materials.
(8) Any gate that does not meet the standards set forth in this Subsection [12-4A-10
-C1e], or that is determined by the Police or Fire Department or a Code Enforcement Officer to not be properly functioning or properly maintained, must be immediately repaired or removed upon notice to the property owner. For purposes of this Subsection [12-4A-10
-C1e], the Police or Fire Department or Code Enforcement Officer may determine that a gate is not being properly maintained if the gate is rusted or deteriorated or if the condition of the gate poses a threat to health, safety or welfare in any manner.
2. Chain-link Fences.
a. Exception to Height. chain-link fences used for the enclosure of tennis courts may be a maximum of ten feet (10') in height and may not be located within the required front yard setback.
b. Barbed Wire Fences Prohibited. Chain-link fences must be constructed in such a manner that no barbed ends shall be at the top.
Figure 12-4A-8.1 Residential Fence Requirements
D. Fences In Business, Industrial Zoning Districts and Public/Se mi-Public Overlay District.
1. Height. Fences may be erected along the property line and to a maximum height of six feet (6').
2. Spe cifications. Fences on Business, Industrial and PSP-O properties abutting a Residential Base Zoning District must be erected a minimum of six inches (6") from the property line, must be one hundred percent opaque, and may not exceed six feet (6') in height, except for those provided in Subsection [12-4A-D3] of this Section.
a. If the required fence is adjacent to a public right-of-way it must be four feet (4) in height, and must be erected and maintained in the front portion of the lot or along the side or rear property line that abuts the Residential Base Zoning District.
b. If a Business, Industrial or PSP use has a required off-street parking lot with six (6) or more vehicles, and the parking lot is located abutting a Residential Base Zoning District, a six foot (6') fence must be erected along the required parking setback line, and any fence in the front yard must meet the standards in (a.) of this subsection. The required fence must be a minimum of 80 percent opaque.
3. Conditional Use Permit for Certain Fences. Fences over six feet (6') in height or fences with a security arm or barbed wire must obtain a Conditional Use Permit.
E. Permitted Encroachments onto Public Ways. Notwithstanding the other requirements of Subsection B, C or D , fences between four feet (4') in height and six feet (6') in height may be allowed to encroach into rear yards of corner and through lots or side yards of corner lots through administrative approval by the Public Works Director and Zoning Administrator (or their assigns) when said yard abuts a public street; provided that the fence is not be constructed on a public easement for street, utility, or drainage purposes. (Ord. 592, 9-17-2024)
12-4A-11: SIGNS:
A. Purpose. The purpose of this Section is to regulate the size, placement and visual appearance of signs in the City. Signs are a permitted accessory use in all Zoning Districts subject to the following regulations.
B. Permit Requirements.
1. Permit Required. Except as herein exempted, no person, firm or corporation shall install, erect, relocate, modify, alter, or change the color on any sign in the City without first obtaining a permit.
2. Application. Application for permits must be made in writing upon printed forms furnished by the City, and must be accompanied by a complete description of the sign, its proposed location, the manner of construction and materials used in the sign, a sketch of the sign and such other information as the Code Enforcement Department deems necessary.
3. Enforcement. In addition to any other remedies available to the City, a triple fee shall be charged if a sign is erected without first obtaining a permit for such sign.
4. Exemptions. No permit is required for the following signs; provided, however, that all signs herein exempted from the permit requirements must conform with all other requirements of this Zoning Ordinance:
a. Signs erected by a governmental unit.
b. Signs which are entirely within a building and not visible from outside the building.
c. Address, nameplate and/or identification signs having an area of two (2) square feet or less.
d. Garage sale, rummage sale and other similar temporary signs in conjunction with the sale of household goods and materials from private residences.
e. Real estate signs as regulated in Subsection [C] of this Section.
f. Election signs as regulated in Subsection [G] of this Section.
g. Holiday displays are not considered signs for the purposes of this Section.
C. Real Estate Signs.
1. For purposes of selling or leasing property, a sign with a maximum of 15 square feet per surface may be placed within the front yard of the property to be sold or leased.
2. For the purpose of selling or promoting a residential project of six (6) or more dwelling units, a commercial area of three (3) acres or more, or an industrial area of ten (10) acres or more, or a commercial building, or an industrial building the total sign area to promote the project or building shall not to exceed 100 square feet of advertising surface. For any new development, such sign shall not remain after 90 percent of the project is developed or occupied.
a. A banner or other sign affixed to a building may be permitted provided such sign is temporary and is removed once the property is bought or leased. Such banner may only promote a real estate transaction of the subject property.
D. Temporary Signs. There shall be no more than one temporary (3 months or less) sign on any lot. The maximum total area of such sign is 25 square feet.
E. Prohibited Signs. Unless a sign is specifically permitted under this Chapter, the sign is prohibited. By way of example and not by way of limitation, the following signs are specifically prohibited:
1. Signs within the public right-of-way or easement; except, that the City Council may grant an Interim Use Permit to locate signs and decorations on or within city right-of-way for a specified time not to exceed 60 days.
2. Illuminated flashing signs within the RE, R-1, R-2, R-3, MU, B-1 or B-2 Base Zoning Districts.
3. Illuminated signs or devices giving off an intermittent, steady or rotating beam consisting of a collection or concentration of rays or lights greater than two (2) square feet in area.
4. Any sign that, by reason of position, shape or color would interfere in any way with the proper functioning or purpose of a traffic sign or signal.
5. Signs painted on fences, rocks, or similar structures or features.
6. Feather flag signs.
7. Animated signs, lighter than air inflatable devices, string lights, strip lighting outlining structures, and signs attached or mounted on a vehicle parked primarily for use as a sign.
8. Roof signs.
F. Nonconforming Signs. Signs existing on the effective date of this Chapter which do not conform to the regulations set forth in this Chapter or any previous ordinance are nonconforming uses.
G. Election Signs.
1. Election signs are permitted on private property in any Base Zoning District, provided such signs are removed within ten (10) days following the State General Election or within ten (10) days following the election the sign relates to in a year during which no State General Election is held.
2. No election sign shall be permitted in any Residential Base Zoning District 46 days or more before the state primary in a State General Election year, or more than one month preceding the election the sign relates to in a year during which no State General Election is held.
3. No election sign shall be permitted on election day within 100-feet of a building in which a polling place is situated or anywhere on public property on which a polling place is situated. This restriction does not apply to adjacent private property.
H. Signs In Residential Base Zoning Districts. Within any Residential Base Zoning Districts, the following signs are permitted:
1. One nameplate sign per dwelling unit. Such sign shall not exceed two (2) square feet in area per surface, and no sign shall be so constructed as to have more than two (2) surfaces.
2. One nameplate sign for each dwelling group of six (6) or more units. Such sign shall not exceed six (6) square feet in area per surface, and no sign shall be so constructed as to have more than two (2) surfaces.
3. One nameplate sign for each permitted use or use by Conditional Use Permit other than residential use, and such sign shall not exceed 12 square feet in area per surface.
a. By Conditional Use Permit, a nonresidential use in a Residential Base Zoning District which is allowed either as a Permitted or Conditional Use may qualify for a second nameplate sign, provided that each of the following requirements are met:
(1) The parcel on which such a sign is proposed must be a minimum of 40 acres.
(2) The parcel on which such a sign is to be located must have frontage on at least two (2) public roadways.
(3) No more than one sign may be allowed to be oriented toward any one public roadway.
(4) The sign may be a maximum of 100 square feet in area per surface.
(5) The sign may be a maximum of nine feet (9') in height from the average natural grade at the base of the sign.
(6) The sign may be illuminated, provided the direct source of light is not visible from the public right-of-way or any adjacent Residential Base Zoning District.
(7) The sign may not be constructed as an internally lit cabinet.
(8) The sign must be constructed in a monument style fashion, including a base of natural stone, brick or other masonry material.
(9) The sign area shall be landscaped with materials subject to a plan submitted with the CUP application and approved by the City Council.
(10) Lighting of the sign must be limited from dusk to twelve o’clock (12:00) midnight.
4. By Conditional Use Permit, a use in a Residential Base Zoning District which is allowed either as a Permitted or Conditional Use may qualify for a wall sign in addition to a nameplate sign, provided that each of the following requirements are met:
a. The parcel on which such a sign is proposed must be a minimum of five (5) acres.
b. The sign is a maximum of 100 square feet in area.
c. The sign may be illuminated, provided the direct source of light is not visible from the public right-of-way or any adjacent Residential Base Zoning District.
5. Symbols, statues, sculptures and integrated architectural features on nonresidential buildings may be illuminated by floodlights, provided the direct source of light is not visible from the public right-of-way or any adjacent Residential Base Zoning District.
6. Any sign over 100 square feet must be set back a minimum of 10 feet from any property line. The maximum height of a sign above the average grade level is 10 feet. Signs may be illuminated, but such lighting must be diffused or indirect and the direct source of light may not visible beyond any lot line.
I. Signs in the Public/Semi-Public (PSP) Overlay Zoning District.
1. Within the PSP-O Zoning District, one freestanding electronic display sign, is permitted provided that each of the following requirements are met:
a. The parcel, or campus containing contiguous parcels, on which the sign is proposed must be a minimum of two (2) acres.
b. The maximum area of the sign is 100 square feet in area per surface.
c. The sign shall not exceed nine feet (9') in height from the average natural grade at the base of the sign.
d. The maximum total area per surface for an electronic display is 50 percent of the sign’s total area. Only one contiguous electronic display area is allowed per surface.
e. The sign must be setback a minimum of 10-feet from any external property boundary line and must be setback a minimum of 50-feet from any abutting Residential Base Zoning District, unless a less intrusive sign placement can be accomplished. Any deviation from the standard must be approved by the City Council.
f. The electronic display message may not change more than once every one hour, except for emergency safety messages. Time, date, or temperature is considered one electronic display when displayed alone, however it may be included as a component of any other electronic display but cannot change more than once every three (3) seconds.
g. The hours of operation shall be limited to six o’clock (6:00) A.M. to ten o’clock (10:00) P.M.
h. The electronic display message shall be limited to static letters and numbers. No portion of a message may contain animation, video or audio, scroll, flash, twirl, fade, or change color.
i. The electronic display area shall be a black background and messages shall not contain more than one font color.
j. The electronic display message shall be a minimum of four inches (4") in height and must ensure readability.
k. Messages shall be limited to advertisement of products, events, persons, institutions, activities, businesses, services or subjects which are located on the premises only or which give public service information.
l. Malfunctioning signs shall be shut off immediately by the owner. Additionally, the sign owner shall immediately stop the display if notified by the City that the sign is noncompliant.
m. The sign shall be constructed in monument style fashion, including a base of natural stone, brick or other masonry material of at least 24 inches in height from the average natural grade.
n. The base of the sign shall be landscaped and a plan for such landscaping submitted with the applicable sign permit.
o. The sign shall be equipped with a sensor that detects the ambient light level and adjusts the brightness of the sign accordingly. Brightness shall not exceed 0.3 foot-candle above ambient light as measured using a brightness meter from a preset distance depending on the sign size, as indicated in the Table 12-4A-11.1 below:
2. By Conditional Use Permit, a Public/Semi-Public use in the RE, R-1 or R-2 Base Zoning Districts which is allowed either as a Permitted or Conditional Use may qualify for one additional freestanding electronic display sign, provided that the requirements of [Section 12-4A-11.I.1] are met and each of the following additional requirements:
a. The parcel, or campus containing contiguous parcels, on which the sign is proposed must be a minimum of 20 acres.
b. The sign shall not exceed 50 square feet in area per surface and the electronic display area shall not exceed 50 percent of the sign’s total area.
c. The sign shall be set back a minimum of 300-feet from any external property boundary line.
d. Landscaping shall be installed to provide screening of the sign from any surrounding residential uses.
J. Signs In B-1, B-2 and I Zoning Districts.
1. Nameplates And Business Signs. Nameplate signs and business signs are permitted subject to the following regulations:
a. [B-1 and Industrial Districts:]
(1) Within the [B-1 and I] Zoning Districts, the aggregate square footage of such space per lot shall not exceed the sum of two (2) square feet per front foot of building, plus one (1) square foot for each front foot of lot not occupied by such building which fronts on a public right-of-way fifty feet (50') or more in width. The least width of a lot for purposes of this Chapter shall be the front. No individual sign surface shall exceed one hundred (100) square feet in area, nor shall two (2) or more signs be so arranged and integrated as to cause an advertising surface over one hundred (100) square feet.
(2) Where a Business Zoning District includes a theater, additional sign surface area may be permitted for the exclusive use of the theater. The total aggregate surface area permitted for theaters including any pylon, marquee or other signage shall not exceed two hundred (200) square feet.
b. [B-2]: Within the B-2 Zoning District, the aggregate square footage of sign space per lot shall not exceed the sum of one (1) square foot per front foot of building plus one (1) square foot for each front foot of lot not occupied by a building. No individual sign shall exceed 50 square feet in a B-2 area.
2. Pylon Or Monument Sign. The erection of one (1) pylon or monument type sign for any single lot in the [B-1, B-2, and Industrial] Zoning Districts is permitted under the following provisions:
a. A pylon or monument sign in the [B-2] Districts shall not be higher than twenty feet (20'); and those in the [B-1 and Industrial] Districts may not be higher than twenty-five feet (25') above the average grade level at the base of the sign.
b. No part of the pylon or monument sign in any Business or Industrial Zoning District may be less than 10 feet from lot lines or less than five feet (5') from any driveway or parking area.
c. The maximum gross area of any surface of a pylon or monument sign in the [B-2] Zoning District is 80 square feet; and the maximum gross area of any surface in the B-1 or I Zoning District is 100 square feet.
3. Murals or Similar Wall Sign Displays. A mural or wall sign display including lettering, graphics or other promotions of the business may be permitted with an Interim Use Permit. The design must promote a business that is operational within the structure and may not promote or advertise a specific product.
4. Electronic Displays at Motor Fuel Stations. Electronic displays, including light emitting diodes (LED), or similar technologies may be permitted at motor fuel stations under the following conditions:
a. The characters in an electronic display must be a uniform color.
b. Any electronic display may contain a maximum of four (4) characters.
c. The maximum total area for an electronic display is six (6) square feet.
d. The text of the sign may not change more than three (3) times in a day (24 hours).
e. The electronic display shall be allowed only during the hours of operation approved in the Conditional Use Permit for the motor fuel station.
f. Any existing motor fuel station seeking a permit for electronic display of fuel prices must obtain an amendment to their Conditional Use Permit.
5. Comprehensive Sign Plan. A comprehensive sign plan shall be provided for industrial developments. Such plan, which must include the location, size, height, lighting and orientation of all signs must be submitted to the Planning Commission for preliminary plan approval regulations. Provided such a comprehensive plan is presented, exceptions to the sign performance standards of this Chapter may be permitted if sign areas and densities for the plan as a whole are in conformity with the intent of this Chapter and if such exception results in an improved relationship between the various parts of the plan. (Ord. 592, 9-17-2024; amd. Ord. 603, 10-7-2025)
12-4A-12: 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.
e. Any exterior improvements to the building and/or property are compliant with [Section 12-4D-1
].
f. The proposed use shall be compliant with all applicable performance standards in [Section 12-4A-12
] 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 12-4A-12
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; amd. Ord. 603, 10-7-2025)
12-4B-1: LOT AND BUILDING PROVISIONS:
A. Purpose. The purpose of this Section is to define existing lots of record and to establish the orientation and general development of a lot used for residential purposes.
B. Existing Lot of Record, Buildable. A lot of record existing upon the effective date of this Chapter in a Residential Base Zoning District, that does not meet the criteria established in Section [12-2B-3 Subd. D], may be used for a single-family detached dwelling, provided that the measurements of such area or width meet a minimum of 70 percent of the requirements of the Base Zoning District in which the lot is located. The lot of record may not be developed more intensely than permitted by the Base Zoning District unless combined with one or more abutting lots, or portions thereof, and the resulting lot meets the requirements of the Base Zoning District.
C. Buildings on a Lot. Except in the case of planned unit developments and multi-family development as provided for in subsequent sections, each lot may contain a maximum of one principal building.
D. Orientation of Principal Building. If a Principal Building is visible from the public right-of-way, it must be constructed to follow the Character standards of the Base Zoning District in which the structure is located.
E. Through Lots. On a through lot, both street public right-of-way lines shall be front lot lines for applying the yard requirements and parking regulations of the Base Zoning District in which the lot is located. (Ord. 592, 9-17-2024)
12-4B-2: SINGLE-FAMILY DETACHED AND ATTACHED BUILDING REQUIREMENTS:
A. Purpose. The purpose of this Section is to establish general standards for single-family detached and single-family attached buildings to support and maintain the character of the neighborhood. The following standards are established.
B. Single-Family Attached and Detached Buildings.
1. Building Standards.
a. Floor Area. All single-family dwellings, with the exception of earth sheltered homes, must contain a minimum of 1,000 square feet of usable floor area above grade.
b. Dimensions. Single-family detached buildings must contain a minimum of 20-feet in width, exclusive of porches and other projections. Single-family attached buildings must contain a minimum of 10 feet in width, exclusive of porches and other projections. The maximum length dimension must not exceed three (3) times the width dimension.
c. Basements Required. All single-family detached buildings must have a basement or an exposed basement under at least 50 percent of the first-floor level. A slab-on-grade home may be permitted with a Conditional Use Permit.
d. Private Attached Garage Required. One single-level garage with a minimum floor area of 440 square feet is required for any detached single-family building. All single-family attached buildings must contain a single-level garage with a minimum floor area of 220 square feet.
e. Pitch of Roofs. With the exception of earth sheltered homes, all residential structures must have a pitched roof of at least 3:12 and a maximum of 12:12.
(1) Exception. A two-story home may have a roof that is less than 3:12, or a flat roof.
(2) Secondary roofs, including but not limited to dormers, porches, awnings, cupolas, or other clearly subordinate architectural elements, may exceed the maxi
(A) Are clearly ornamental or accessory in nature;
(B) Do not result in an increase to the building height beyond the permitted maximum;
(C) Are not used to increase habitable floor area above what is otherwise permitted.
f. First Floor Elevation.
(1) Construction, including tear-down and redevelopment, of new single-family dwellings and additions, modifications, and alterations to existing dwellings may not raise the first floor elevation more than one foot (1') above the existing condition unless a Conditional Use Permit is obtained [See Subsection 3.]
(2) In the case of a split-level dwelling, the existing first floor elevation is the lowest elevation of an entrance to the dwelling, excluding entrances to the garage and those that do not face the street.
(3) By Conditional Use Permit, the first floor elevation may be increased by more than one foot (1') from the existing condition in order to meet one or more of the following conditions:
(A) Elevate the lowest level of the dwelling to an elevation of two feet (2') above the 100-year flood elevation, as established by the federal emergency management agency (FEMA).
(B) Protect the dwelling from groundwater intrusion. Existing groundwater elevation shall be determined by a professional registered engineer in the state of Minnesota or by a certified hydrologist, and the results provided for review and consideration.
(C) Meet State Building Code, City Code or other statutory requirements.
(D) Comply with standard engineering practices, including, but not limited to, grading, drainage, access, or utility connection at the direction of the Public Works Director.
2. Driveways And Parking Areas.
a. A Driveway Permit is required.
b. All curb cuts for driveways in connection with single-family detached and single-family attached dwellings must conform with this Chapter and the specifications set forth on City driveway detail sheets. A plan showing proposed curb cuts and driveway location and design must be submitted for all new or reconstructed driveways.
c. All driveways, required off-street parking spaces, and other areas intended to be utilized primarily for parking purposes must be surfaced with concrete or bituminous surfaces.
d. Driveways must be a minimum of five feet (5') from side lot lines and a maximum of 25-feet wide where the driveway intersects the right-of-way line.
All driveways constructed to serve single-family dwellings on corner lots must be set back a minimum of 30-feet from the property lines adjacent to the street corner. A Variance is not required if an existing driveway that was conforming at the time of construction that violates these setback requirements is reconstructed in the same location as the original driveway, including pavement and base material, provided a proper construction permit is obtained from the City. (See Figure [12-4B-2.1])
Figure 12-4B-2.1 Driveway Requirements
3. Landscape Standards. All single-family detached or attached lots must comply with the following landscape standards.
a. New construction, including teardown and reconstruction, of single-family detached or attached structures are required to plant a minimum of one overstory deciduous tree per 50-feet of lineal frontage of public street. The required trees must be planted in the front yard of the lot. A list or reference of trees that meet this requirement are contained within Title 15. Environmental Standards of the City Code.
b. All lots must be planted with an acceptable ground cover, or a landscape plan must be submitted for review and approval by the Natural Resources Commission, as defined in Title 15. Environmental Standards.
c. All retaining walls, gazebos, or other landscape structures as defined in 12-3B-1.1 Table of Uses
for Accessory Uses must comply with all setback requirements and must obtain an Administrative Permit.
4. Screening of Certain Materials. All waste material, debris, refuse, garbage, fuel including woodpiles of two (2) cords or larger (a cord is 4 feet x 4 feet x 8 feet), or materials not currently in use for construction must be stored indoors or totally screened from the eye level view from the public right-of-way and any adjacent properties.
5. Construction and Building Plans.
a. Any construction of a new detached or attached single-family building must obtain a Building Permit. The Building Permit must be accompanied by a Site Plan and any other information necessary to confirm that the building complies with the Base Zoning District in which it is located. Single-family attached buildings must comply with the standards established in Section [12-4B-3
] of this Chapter.
b. All construction activities, including additions to existing structures, are required to comply with the requirements below. Failure to comply with any of the requirements may result in issuance of stop work orders, fines, revocation of contractor licenses, and enforcement of the penalty provisions in Section [12-5E-2
] of this Zoning Ordinance.
(1) Hours of operation for exterior construction activities are limited to seven o’clock (7:00) A.M. to eight o’clock (8:00) P.M. Monday through Friday and nine o’clock (9:00) A.M. to five o’clock (5:00) P.M. on weekends.
(2) An erosion and sediment control plan must be approved by the Public Works Director to be implemented and properly maintained at all times, in accordance with Title [14, Chapter 1] of this Code the City’s land disturbance guidance document.
(3) Streets and surrounding properties shall be free of debris and mud at the end of each workday.
(4) Dumpsters placed on site for more than ten (10) consecutive days during construction activities must be covered or have lids that close and secure to contain debris.
(5) Storage of construction and landscaping materials, dumpsters, portable restroom facilities, and other equipment within the right-of-way is prohibited.
(6) The permit holder must repair any damage to public or private property within three (3) working days from a notice being issued by the City.
(7) Contractor vehicle parking is limited to one side of the street to allow adequate space for two-way traffic, emergency service vehicles, and City maintenance vehicles. (Ord. 592, 9-17-2024; amd. Ord. 603, 10-7-2025)
12-4B-3: ATTACHED AND MULTI-FAMILY RESIDENTIAL BUILDING REQUIREMENTS:
A. Purpose. The purpose of this Section is to establish standards for multi-family buildings and their lots to ensure that multi-family buildings are compatible with surrounding developments and neighborhoods. The following standards are established.
B. Building Standards. In any multi-family building that contains more than five (5) attached dwelling units each unit must comply with the minimum Floor Area requirements established in Table [12-4B-3.1].
C. The minimum lot area per unit is regulated by Base Zoning District contained in Chapter 2 of this Zoning Ordinance. The total minimum lot area required may be decreased by 300 square feet for each parking space that is provided underground to serve a multi-family building.
D. Off-Street Parking Requirements for Multi-Family Buildings. In addition to the applicable provisions of [12-4A-9
] of this Chapter the following requirements shall apply:
1. Number and Design of Parking Spaces. A minimum of one (1) parking space per unit must be fully enclosed. Parking spaces must comply with all parking regulations for size, location, and other standards.
2. Setbacks. Surface parking lots, or other unenclosed parking spaces, must be setback a minimum of 40-feet from the public right-of-way. Surface parking areas must be setback a minimum of 10-feet from any principal building.
3. Driveways And Aisles.
a. Driveways shall be a minimum of 50 feet from any street intersection.
b. Screening. Parking areas which serve buildings housing three (3) or more dwelling units which are contiguous to or across a street from single- or two-family units must be screened with a four-foot (4') wall of masonry or wood. Such wall shall be at least 85 percent opaque.
E. Architecture and Building Design Standards. The following minimum design standards are established for multi-family buildings:
1. Design Standards.
a. All multi-family buildings must be designed and constructed with four-sided architecture.
b. The exterior façade of any multi-family building must be designed to eliminate large blank or expansive walls without architectural detail or interest. Each building must include, at a minimum, some articulation or detail between floors that may include changes in materials, color, balconies or other architectural details.
c. No wall may extend more than 40-feet without a plane or material break. If a plane break is designed, it must include a minimum of one (1) foot of relief between the planes.
d. Each building must include a clear entry and front façade. Such entry must be clearly articulated and facing the primary above ground access.
e. All accessory or ancillary buildings including garages must be designed and constructed with facing materials of the same quality as those used in the Principal Building.
2. Construction and Building Plans.
a. Any multi-family buildings must be constructed only in conformance to building and site plans certified by a registered architect. The Site Plan may be prepared by a professional site planner, but a registered architect must certify that they have personally reviewed the site and designed the proposed buildings in accordance with the Site Plan, the terrain and neighboring conditions. The following plans must be submitted, reviewed and approved prior to a Building Permit being granted:
(1) Complete details of the proposed site development, including location of buildings, driveways, parking spaces, dimensions of the lot, lot area and yard dimensions.
(2) Complete plans for proposed sidewalks to service parking, recreation and service areas within the proposed development.
(3) Complete plans for stormwater drainage systems sufficient to drain and dispose of all surface water accumulations within the development area.
(4) Complete structural, electrical and mechanical plans for the proposed building(s).
(5) Complete plans and specifications for exterior wall finishes proposed for all principal and accessory structures.
b. Landscape Standards. Any new multi-family development or PUD including multi-family attached units must comply with the landscape standards as established in Section [12-4A-5
] Landscape Requirements of this Chapter. (Ord. 592, 9-17-2024)
12-4B-4: OUTSIDE STORAGE OF PERSONAL RECREATIONAL EQUIPMENT IN RESIDENTIAL DISTRICTS:
A. Purpose. The purpose of this Section is to regulate the unenclosed storage of Personal Recreational Equipment on a residential lot. The following standards are established for all principal residential uses within the RE, R-1, and R-2 Zoning District.
B. General Provisions. The outside storage of recreational equipment is permitted in a maximum of one side yard, or in a rear yard in all Residential Base Zoning Districts; provided, that the following conditions are met:
1. Any storage in a side yard shall not be adjacent to a public right-of-way unless the exceptions as noted in subsection C are met; and
2. Outside of all required yard setbacks.
3. Outside storage of vehicles and recreational equipment not originally constructed for recreational use are not be permitted.
4. The storage of recreational vehicles must comply with the standards of the Property Maintenance Code.
C. Exception for Corner Lot. Recreational equipment may be stored in a side yard abutting a right-of-way provided the following conditions are met:
1. There is not adequate area on the interior side yard to store the equipment, or construct a driveway, and meet the required yard setback.
2. The storage area must be fully screened from the right-of-way by either an opaque fence or coniferous vegetation.
D. Personal Recreational Equipment shall include the following:
1. Boats and canoes.
2. All-terrain vehicles.
3. Trailers for the transportation of boats, canoes and all-terrain vehicles.
4. All motor vehicles designed, constructed, or used to provide temporary, movable living quarters for recreational use.
5. Travel trailers.
6. Snowmobiles.
7. Utility trailers.
E. Parking and Storage of Recreational Camping Vehicles. The following additional standards for personal Recreational Camping Vehicles are established:
1. The Recreational Camping Vehicle must be parked on a paved surface.
2. In the case of a residential subdivision surrounding a lake or pond, rear yard storage is prohibited where neighbors can see it from across the water unless it is adequately screened.
3. All Recreational Camping Vehicles stored or parked outside must be adequately screened from abutting residential properties.
4. Prohibitions. It is unlawful for any person to park or store a recreational camping vehicle:
a. On a residential driveway when the recreational vehicle is greater than ten feet (10') in height, 23-feet in length or 6,500 pounds.
b. On a public street or in a public right-of-way.
5. Exceptions; Special Temporary Permit.
a. A special temporary permit may be issued by the City for the temporary parking of one mobile home or recreational camping vehicle on a residential driveway for a period not to exceed ten (10) days.
b. No more than four (4) permits per year may be issued to any one residence and cannot be issued consecutively (there must be at least 14 days between permits).
c. Vehicles parked on the driveway must be placed 15-feet from the roadway to allow for visibility of traffic, and vehicles must have a permit.
d. Vehicles stored outside must be licensed and operable. (Ord. 592, 9-17-2024)
12-4C-1: PUBLIC SEMI-PUBLIC OVERLAY DISTRICT (PSP-O):
A. Purpose. The purpose of this Section is to describe the standards and flexibility from the Base Zoning District standards for properties located in the Public Semi-Public Overlay district.
B. Applicability. All uses and standards established in the Base Zoning District shall apply, and the areas of flexibility identified herein shall only apply to those uses categorized on Table [12-3B-1.1]. Table of Uses
as “Public/Semi-Public Uses.”
C. Yard Setback Provisions.
1. All Principal Buildings and Accessory Buildings must comply with the setback standards established in Chapter 2 of the applicable Base Zoning District, and Chapter 3, whichever is more restrictive. Any proposed deviation from the required setbacks shall require a Conditional Use Permit.
D. Design and Building Standards.
1. Minimum Lot Size: 1.0 Acres
2. Height: The maximum height of a Principal Building for an established PSP-O use determined by the Base Zoning District height requirements. A Principal Building that exceeds the height of the Base Zoning District, up to a maximum of 40 feet, is permitted by Conditional Use Permit.
3. Accessory Structures: All accessory buildings must comply with the Base Zoning District standards, unless a Conditional Use Permit is obtained.
a. Accessory Buildings must be designed to be compatible with the design and character of the Principal Building.
b. Accessory Buildings must be accessory to the Principal Building. If no Principal Building is present, a Conditional Use Permit must be obtained.
4. Screening or Buffering. Screening from Residential Base Zoning District. A screening plan is required along the property line of any PSP-O district that abuts a Residential Base Zoning District, unless the owner can demonstrate that there is no adverse impact to the residential use. (Ord. 592, 9-17-2024)
12-4C-2: FLOODPLAIN OVERLAY DISTRICT (FP-O):
A. Purpose. The purpose of this Section is to establish that certain lands in the City are located within a Floodway, Flood Fringe which is commonly referred to as the Floodplain. Land that is located within the Floodplain Overlay District are subject to additional standards and regulations.
B. Applicability. The Floodplain Overlay District standards are applicable to that portion of a property, lot, or land that is contained within the mapped floodplain area established by FEMA. Land within the FP-O is regulated by the Base Zoning District in which the property is located and is subject to the FP-O standards, and the more restrictive standards shall apply.
1. The FP-O District standards and regulations are established in Title 15. Environmental Standards. (Ord. 592, 9-17-2024)
12-4D-1: LOT AND BUILDING STANDARDS:
A. Purpose. The purpose of this Section is to establish general lot and building standards for all non-residential buildings in the City.
B. Applicability. The following standards are applicable to all properties within the B-1, B-2, Industrial and PSP Zoning Districts. The standards are also applicable to any Principal non-residential uses in a Base Residential Zoning District.
C. Corner Lots. On a corner lot, each side abutting a public street right-of-way is determined to be a front yard and the use must comply with the applicable setback requirements established in the Base Zoning District in which the property is located.
D. Building Design and Construction. All buildings or structures must meet the following standards:
1. Exterior Surfaces, Including Roofs. Buildings must be finished on all sides with permanent finished materials of a quality consistent with the standards set in the Base Zoning District in which it is located. Exterior wall surfaces must comprised of one or more of the following:
a. Face brick or natural stone.
(1) Professionally designed precast concrete units, if the surfaces have been integrally treated with an applied decorative material or texture, or
(2) Decorative block, if incorporated in a building design which is compatible (in terms of exterior design, materials, and colors) with other development throughout the Zoning District.
b. Factory fabricated and finished metal framed modular panel construction, if the panel materials are any of those listed in Subsection [C1a] of this Section, glass, prefinished metal (other than unpainted galvanized iron) or plastic used in accordance with the Building Code requirements.
c. No building exterior shall be constructed of sheet aluminum, asbestos, iron, steel, or corrugated aluminum.
d. Any proposed deviation from these standards shall require a variance.
2. Subsequent Additions and Other Structures. Subsequent additions and other buildings or structures constructed after the erection of the original building or structure shall be constructed of materials comparable in quality and appearance to those used in the original construction, and must be designed consistent with the original architectural design and general appearance.
3. Accessory Buildings; Walls. Garages, Accessory Buildings, screen walls, and exposed areas of retaining walls must be of a similar type, quality and appearance as the Principal Building.
4. Compatibility with other Buildings. All buildings must be compatible (in terms of exterior design, materials, and colors) with the character of the other structures and buildings in the surrounding area.
5. Off-Street Parking and Loading. Design and maintenance of off-street parking and loading areas must comply with [Section 12-4A-7
and 12-4A-9
] of this Chapter.
6. Storage of Materials.
a. All trash and trash handling equipment shall be stored within the Principal Building or within an attached Accessory Building that is accessible from the inside of the Principal Building.
b. No outdoor storage of either materials or products is permitted, except if approved by a Conditional Use Permit or where expressly allowed in the Base Zoning District.
7. Screening of Mechanical Utilities. Whenever possible, rooftop mechanical units must be a low profile design. All ground level and rooftop mechanical utilities, other than low profile rooftop units, must be completely screened with one or more of the materials used in the construction of the Principal Building. Where practicable, rooftop screening shall be accomplished through the use of parapet walls.
8. Screening of Vehicle Lights. The light from automobile headlights and any other sources on a site must be screened if through regular site use and operations such light is directed onto or at abutting residential uses. Screening must comply with the standards in Section [12-4D-2].
E. Industrial (I) Zoning District Requirements.
1. No development of any lot or combination of lots in the Industrial Base Zoning District may be commenced and no Building Permit will be issued until all of the following requirements have been met:
a. Plan and Specifications.
(1) Site Plan, Building Plans, and Specifications. A complete Site Plan, building plans and specifications prepared by a registered architect shall be submitted for review and approval. The architect must certify that the plans were prepared specifically for the subject site. The Site Plan must include the location of buildings, driveways, driveway intersections with streets, parking areas, loading areas, sidewalks, curbs, and screening as required by this Chapter.
(2) Grading Plans. Site grading plans must be submitted indicating existing and proposed grades and provisions for surface drainage.
(3) Signs. Proposed design, location, size and lighting of all signs, if any, must be submitted.
(4) Landscaping Plans. Landscape Plans consistent with the requirements of Section [12-4A-5
] of this Chapter.
(5) Additional Materials. Plans and specifications shall include any additional material required by the City to ascertain compliance with the performance standards specified in this Chapter and any other requirements of this Zoning Ordinance.
b. Bond. A bond or bonds guaranteeing performance of construction elements required to comply with this Chapter shall be given in amounts determined by the City to be sufficient to reasonably ensure compliance with the provisions of this Chapter.
2. Site and Structure Requirements.
a. Yards where Railroad Tracks abut a Lot. Where a lot has a railroad trackage abutting the interior side lot line or rear lot line, there shall be no side or rear yard requirement abutting the trackage in providing a railroad loading facility.
b. Fences for Industrial Base Zoning District abutting a Residential Base Zoning District. Whenever a property zoned Industrial abuts a Residential Base Zoning District, a fence must be erected along the property line that may be 100 percent opaque with a maximum height of six feet (6'). (Ord. 592, 9-17-2024)
12-4D-2: SCREENING:
A. Purpose. The purpose of this Section is to establish standards that mitigate the potential adverse impact between properties where the uses may not be compatible without some visual buffering or screening.
B. General Provisions.
1. Opacity of Screening and/or Buffering. All required screening or buffering identified in this Chapter may be achieved with fences, walls, earth berms, hedges or other landscape materials. The required screen must provide the minimum opacity established in the applicable Section, and if not clearly stated, must provide a minimum opacity of 90 percent during all seasons.
2. Screening or Buffering Required.
a. Principal buildings, and any Accessory Building or structure used for business or industrial use must provide a buffer along the adjacent property line of any Residential Base Zoning District.
b. Off-street parking facilities containing six (6) or more spaces located within 50 feet of a right-of-way or abutting any Residential Base Zoning District must install a buffer/screen along the property line.
c. Outside storage that is allowed by other provisions of this Chapter must provide a buffer to screen the outdoor storage area from the public right-of-way or any abutting Residential Base Zoning District.
d. External loading and service areas must be completely screened from the ground level view from contiguous properties and the public right-of-way, except at driveway access points.
3. Slope Of Berms. Earth berms shall not exceed a slope of three to one (3:1). (Ord. 592, 9-17-2024)
12-4D-3: LIGHTING:
A. Purpose. The purpose of this Section is to regulate the placement and intensity of light fixtures in the non-residential zoning and districts and non-residential uses in the City. The following standards are established.
B. Light Spillage at Property Line. Light fixtures that are used for illuminating parking areas, loading areas or storage yards or for safety and security purposes may not exceed the following values:
1. A reading of 0.2 foot-candle at the property line if the abutting use is a commercial or industrial use or public right-of-way.
2. A reading of zero (0) foot-candles at the property line if the abutting use is Residential or if the abutting property is a Residential Base Zoning District.
3. A photometric plan may be requested to demonstrate compliance with the standards stated in this Section.
C. Fixture Type. The following standards shall apply to all fixtures:
1. All fixtures must be hooded and downcast.
2. Any pole or structure on which a light is affixed may not exceed 24 feet in height unless a Conditional Use Permit is obtained. (Ord. 592, 9-17-2024)
