The following words and terms, wherever they occur in this section, are defined as follows:

Agricultural service establishment means activities primarily engaged in performing agricultural animal husbandry or horticultural services on a fee or contract basis including sorting, grading and packing fruits and vegetables for the grower; agricultural produce milling and processing; horticultural services; fruit picking; grain cleaning, drying and storage; veterinary services; the operation of game reserves; temporary or seasonal road side stands for the sale of agricultural produce grown on the lot.

Airport (landing strip, heliport, or aircraft stop) means any premises used, or intended to be used, for the landing and take-off of aircraft; and any appurtenant areas used, or intended to be used, for aircraft services, together with all buildings and structures thereon.

Alley means a narrow thoroughfare upon which the rear of premises generally abuts or upon which service entrances of buildings abut, and which is not generally used as a thoroughfare by both pedestrians and vehicles, or which is not used for general traffic circulation, or which is not in excess of 30 feet in width at its intersection with a street.

Apartment means a room or suit of rooms located in a one- or two-family structure or a multiple dwelling, which includes a bath and kitchen accommodations and is intended or designed for use as an independent residence by a single-family or individual.

Auto repair, major means engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service including body, frame, or fender straightening or repair; and overall painting of vehicles.

Auto repair, minor means incidental repairs, replacement of parts, and motor service to automobiles, but not including any operation specified under "auto repair, major".

Automobile court or motel means a combination or group of two or more detached, semi-detached or connected permanent dwellings occupying a building site integrally owned and used as a unit to furnish overnight transient living accommodations.

Automobile service station means any building or premises used for the dispensing or sale of automobile fuels, lubricating oil or grease, tires, batteries, or minor automobile accessories or services including the installation of tires, batteries and minor accessories; minor automobile repairs; and greasing or washing of individual automobiles. When sales, service and repairs as detailed here are offered as incidental to the conduct of a public garage, the premises will be classified as a public garage. "Automobile service stations" will not include the sale or storage of junkers, as defined herein; will not include premises offering major automobile repairs, automobile wrecking, automobile sales or automobile laundries. In connection with automobile service stations, fuels offered for sale will be stored only in underground tanks located wholly within the lot lines.

Automobile wash means a building, or portion thereof, containing facilities for washing more than two automobiles, using production line methods with a steam cleaning device or other mechanical devices.

Automobile wrecking means the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, or wrecked vehicles or their parts. (See junkyard)

Basement means a story having part, but more than one-half its height, below the average level of the adjoining finished grade. A basement is counted as a story for the purpose of height regulations, if subdivided and used for business or dwelling purposes.

Billboard. See signs, advertising.

Block means a tract of land bounded by streets, or a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines, waterways, or boundary lines of the corporate limits of the city.

Bluff means a topographic feature such as a hill, cliff, or embankment having the following characteristics (an area with an average slope of less than 18 percent over a distance for 50 feet or more will not be considered part of the bluff):

(a)

Part or all of the feature is located in a shoreland area;

(b)

The slope rises at least 25 feet above the ordinary high water level of the water body;

(c)

The grade of the slope along a horizontal distance of at least 50 feet averages 30 percent or greater.

(d)

The slope must drain toward the water body.

Bluff impact zone means a bluff and land located within 20 feet from the top of a bluff.

Board means the board of appeals and adjustments.

Boardinghouse means a building, other than a hotel, where for compensation and by prearrangement for definite periods, meals, or lodging and meals, are provided for three or more non-transient persons, but not exceeding ten persons.

Broadcasting antenna, radio and television means commercial or public broadcasting towers over 200 feet in height, or more than one tower in each installation of any height, or accessory use noncommercial towers of any height, if not located on the same lot or parcel as the principal use.

Buildable area means the space remaining on a lot after the minimum setback and open space requirements of this section have been met.

Building means anything constructed or erected having a roof supported by columns or walls. When separated by division walls without openings, each portion of such building will be deemed a separate building.

Building, accessory means a subordinate building or structure on the same lot, or part of the main building, exclusively occupied by or devoted to a use incidental to the main use.

Building, detached means a building surrounded by open space, located in the same zoning lot as one or more other buildings.

Building, farm means any building other than the dwelling which is exclusively used in farming operation including but not limited to, barns, graineries, silos, farm implement storage buildings, and milk houses. Private and commercial indoor riding arenas or commercial stables will not be considered farm buildings.

Building height means the vertical distance measured from the average elevation of the finished grade along the front of the building to the highest point of the roof surface in a flat roof, to the deck line of mansard roofs, and to the mean height level between eaves and ridge of gable, hip and gambrel roofs.

Building inspector means the building inspector provided for in chapter IV.

Building line means an imaginary line separating buildable area and required yards.

Building line setback means the distance between the building line and the property line.

Building, principal means the main building on a lot in which the intended allowable use of the property is conducted.

Building, unit group means two or more buildings, other than dwellings, grouped upon a lot and held under one ownership, such as universities, hospitals, institutions and industrial plants.

Bulk is the term used to indicate the size and setbacks of buildings or structures and location of same with respect to one another and includes the following:

(a)

Size and height of buildings;

(b)

Location of exterior walls at all levels in relation to lot lines, streets, and other buildings;

(c)

Gross floor area of buildings in relation to lot area (floor area ratio);

(d)

All open spaces allocated to buildings; and

(e)

Amount of lot area per dwelling unit.

Bulk materials means uncontained solid matter, such as powder, grain, stone, sand, or sulfur that has a tendency to become airborne.

Cannabis cultivation business means a business with a cannabis cultivator license, medical cannabis cultivator license, or cultivation endorsement from the State of Minnesota Office of Cannabis Management.

Cannabis delivery business means a business with a cannabis delivery service license or delivery service endorsement from the State of Minnesota Office of Cannabis Management.

Cannabis manufacturing business means a business with a cannabis manufacturer license, or manufacturing endorsement from the State of Minnesota Office of Cannabis Management.

Cannabis retailer means a business with a cannabis retailer license, medical cannabis retailer license, lower-potency hemp edible retailer license, or retail endorsement from the State of Minnesota Office of Cannabis Management.

Cannabis testing business means a business with a cannabis testing facility license or testing endorsement from the State of Minnesota Office of Cannabis Management.

Cannabis transportation business means a business with a cannabis transporter license or transportation endorsement from the State of Minnesota Office of Cannabis Management.

Cannabis wholesaling business means a business with a cannabis wholesaler license or wholesaling endorsement from the State of Minnesota Office of Cannabis Management.

Canopy or marquee means any roof-like structure projecting over the entrance to a building.

City means the City of Minnetrista.

Clear-cutting means the removal of an entire stand of trees.

Commissioner means the commissioner of the department of natural resources.

Comprehensive plan means a compilation of policy statements, goals, standards and maps for guiding the physical, social and economic development, both private and public, of the city and its environs, and may include, but is not limited to, the following: Statements of policies, goals, standards, and a land use plan, a community facilities plan, a transportation plan, and recommendations for plan execution. A comprehensive plan represents the recommendations of the planning commission and city council for the future development of the community.

Conditional uses means uses which are generally appropriate in a specified district but require special planning considerations in each instance, and which may be acceptable in some circumstances and totally unacceptable in others.

Cooperative (housing) means a multiple family dwelling owned and maintained by the residents and subject to the provisions of Minn. Stats. §§ 290.09 and 290.13. The entire structure and real property is under common ownership as contrasted to a condominium dwelling where individual units are under separate individual occupant ownership.

Corner lot. See lot, corner.

Curb level means the level of the established curb in front of the building measured at the center of such front. Where a building faces on more than one street, the curb level will be the average of the levels of the curbs at the center of the front of each street. Where no curb elevation has been established, the city engineer will establish such curb levels.

Day care means a location licensed with the Minnesota Department of Human Services to provide the care of a child in a residence or other facility outside the child's own home for gain or otherwise, on a regular basis, for any part of a 24-hour day.

Decibel means a unit of measurement of the intensity of sound level.

Displacement, vibration means the amount of motion involved in a vibration.

Drainage system means any natural or artificial feature or structure used for the conveyance, drainage, or storage of surface and/or underground water, including but not limited to streams, rivers, creeks, ditches, channels, canals, conduits, gullies, ravines, washes, lakes, culverts, drainage tile, bridges, or water storage basins.

Drainfield area, possible means land area occurring within the property lines of a parcel or lot not serviced by the public sanitary sewer system; such land area excludes: Flood plains as defined in section 510.05; all land below the ordinary high water level of "public waters" and "wetlands" as defined in Minn. Stats. § 103G.005; the "flood plain and wetlands conservation area" as defined in section 510.01; minimum setbacks required of on-site sewer treatment systems, as prescribed in section 505.49, subdivision 8. Land meeting the definition of possible drainfield area indicates a likelihood that an on-site sewer treatment system may function properly on the subject land, but it is not a guarantee. (See the following definitions: ordinary high water level, slope.)

Driveway means a private road or path which is wholly located on the lot which it services and which affords vehicle access to a public road.

Dry buildable land means the land area occurring within the property lines of a parcel or lot, excluding: Drainageways; flood plains as defined in section 510.05; all land below the ordinary high water level of "public waters" and "wetlands" as defined in Minn. Stats. § 103G.005; the "flood plain and wetlands conservation area" as defined in section 510.01; slopes 30 percent or greater; and required principal and accessory structure setbacks, whichever are applicable.

Any slope with at least a 50-foot horizontal run located in a shoreland district, as established in the zoning section 505.49, subdivision 6; that is greater than 12 percent but less than 30 percent is a conditionally buildable slope and may be considered dry buildable land only if the particular slope meets the criteria prescribed in section 505.07, subd 6.

Any slope with at least a 50-foot horizontal run not located within a shoreland district that is greater than 18 percent but less than 30 percent is a conditionally buildable slope and may be considered dry buildable land only if the particular slope meets the criteria prescribed in section 505.07, subdivision 6.

(See the following definitions: Ordinary high water level, slope, conditionally buildable slope.)

Dwelling means a building or portion thereof designed or used exclusively for residential occupancy, including one family, two-family, and multiple family dwelling units, but not including hotels, motels, boarding or lodging houses, trailer houses, mobile homes or manufactured single-family dwellings.

Dwelling unit means one or more rooms in a dwelling or apartment hotel designed for occupancy by one family for living purposes and having separate permanently installed cooking and sanitary facilities.

Dwelling, attached (group or townhouse) means a dwelling joined to one or more other dwellings by a party wall or walls.

Dwelling, detached means a dwelling not attached to another dwelling or structure or is entirely surrounded by open space.

Dwelling, multiple family means a building designed with three or more dwelling units exclusively for occupancy by three or more families living independently of each other, but sharing hallways and main entrances and exits. This definition shall not include converted dwellings or attached dwellings (party-wall type) as defined herein.

Dwelling, single-family means a detached dwelling designed exclusively for occupancy by one family only.

Dwelling, two-family means a dwelling designed exclusively for occupancy by two families living independently of each other.

Exotic species means a plant species that is not native to Minnesota. The list of exotic species maintained by the department of natural resources will be exempt from the prohibition of clear cutting and removal of natural vegetation.

Family means any number of individuals related by blood, legal adoption or marriage, or three or less unrelated individuals living together on the premises or in a single housekeeping unit, as distinguished from a group occupying a boarding house, lodging house or hotel as herein described.

Farm, crop means an area of more than one acre which is used for the growing of the usual farm crops such as vegetables, fruit trees, and grain, and for the packing or storing of the products produced on the premises, but not including the raising of laboratory animals such as mice, rats, rabbits or farm animals.

Farm winery means a winery operated by the owner of a Minnesota farm and producing table, sparkling, or fortified wines from grapes, grape juice, other fruit bases, or honey with a majority of the ingredients grown or produced in Minnesota, which may or may not include on-site wine manufacturing and retail sales of such manufactured product, and subject to state requirements regarding liquor licensing.

Feedlot, agricultural means an enclosure for the purpose of feeding poultry or livestock, not an accessory use incidental to a farming operation.

Floor area means the sum of the gross horizontal areas of the several floors of the building, measured from the exterior faces of the exterior walls.

Floor area, livable means the floor area of dwelling excluding all areas occupied by basements, garages, porches, attics, stairways, storage, utility and heating rooms.

Floor area ratio (F.A.R.) means the floor area of the building or buildings on a zoning lot divided by the area of such zoning lot, or, in the case of planned unit developments, by the net size area. The floor area ratio requirements will determine the maximum floor area allowable for the building or buildings, including both principal and accessory buildings, in direct ratio to the gross area of the zoning lot.

Footcandle means a unit of illumination intensity.

Footprint means the base outline of any constructed, immovable item which is built, becomes part of, is placed upon, or is affixed to real estate for the shelter, enclosure, or use by persons, animals, chattels or property of any kind excluding any protrusions, cantilevered structures, which is governed by the following characteristics:

(a)

Is permanently affixed to the land; and

(b)

Has one or more floors and a roof and those areas that are open, unroofed platforms extending from a structure.

Frequency means an index of the pitch of the resulting sound based upon the number of oscillations per second in a sound wave.

Frontage means that part of a lot fronting on one side of a street between the side lot lines or between a street right-of-way and a side lot line.

Garage, private means an accessory building designed or used for the storage of not more than four motor-driven vehicles owned and used by the occupants of the dwelling unit to which it is accessory.

Garage, public means any building, except a private garage, used for the storage or care of motor-driven vehicles, or a building where any such vehicles are equipped for operation, are repaired, or are kept for remuneration, hire, or sale.

Garage, truck means a building used or intended to be used for the storage of motor trucks, truck trailers, tractors, and commercial vehicles exceeding one and one-half tons capacity.

General development district means a shoreland overlay district for lakes and streams which are presently developed and may be needed for higher density development in the future.

Grade, street means the elevation of the established street in front of the building measured at the center of such front. Where no street grade has been established, the city engineer will establish such street grade or its equivalent for the purpose of this section.

Ground-mounted solar energy system means a freestanding solar energy system mounted to the ground by the use of stabilizers or similar apparatuses.

Guest apartment means an apartment that is located within the structure of the principal residence on the property which is used by the occupants residing in the primary residence, their nonpaying guests or their domestic service employees that work on the premises.

Guest home means a detached accessory dwelling which is used by the occupants residing in the primary residence on the property, their nonpaying guests or their domestic service employees that work on the premises.

High rise building means any structure having more than four stories.

Historic site means a structure or area of land or water of historic, archaeological, paleontological, or architectural value which has been designated as an historic site in the federal register of historical landmarks, the Minnesota Historical Society, or by a local government.

Home occupation (without CUP) means an occupation which is clearly secondary to the principal use and does not change the nature of the principal use. The occupation will meet all of the following factors:

(a)

It will have no exterior evidence of the occupation.

(b)

A vehicle with dual purpose—business and personal transportation that is parked or stored within an enclosed structure.

(c)

No significant increase in traffic or demand for parking.

(d)

No significant increase in levels of noise, air or other pollution.

(e)

No exterior signage.

(f)

No persons employed in the business who do not reside in the dwelling.

(g)

Meets the requirements of section 505.07, subdivision 10.

Home occupation (with CUP) means an occupation which is clearly secondary to the principal use and does not change the nature of the principal use. It may have a minimal exterior indication of the business use. The occupation will have one or more of the following factors:

(a)

A vehicle with permanent or temporary signage used for the business that is not parked or stored within an enclosed structure.

(b)

A vehicle with dual purpose—business and personal transportation that is not parked or stored within an enclosed structure.

(c)

Meets the requirements of section 505.07, subdivision 7.

Horticulture means the use of land for the growing or production for income, of fruits, vegetables, flowers, nursery stock, and trees, including forestry, ornamental plants and trees, and cultured sod.

Hotel means a building in which there are more than ten sleeping rooms usually occupied singly and temporarily by individuals who are lodged with or without meals and where no provision is made for cooking in any individual room or apartment.

Interim use means a temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it.

Irrigation system means any structure or equipment, mechanized or other, used to supply water for commercial agriculture or horticulture, including but not limited to wells, pumps, motors, pipes, culverts, gates, ditches, tanks, ponds, and reservoirs.

Junkyard means land or buildings where waste, discarded or salvaged materials are bought, sold, stored, exchanged, cleaned, packed, disassembled or handled on a commercial basis including but not limited to, scrap metal, rags, paper, hides, rubber products, glass products, lumber products and products resulting from the wrecking of automobiles or other vehicles.

Kennel (commercial or hobby) means any structure or premises on which four or more domestic animals over six months of age are kept.

Lake shore setback means the distance between the natural ordinary high water mark on the lake shore of the lot upon which improvements are proposed and the building setback in the zoning district.

Loading space means that portion of a lot or plot designed to serve the purpose of loading or unloading all types of vehicles.

Lot means a parcel or portion of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Lots shall have frontage on an improved public or private street.

Lot, base means lots meeting all specifications in the zoning district prior to being subdivided for attached dwellings.

Lot, corner means a lot located at the intersection of two streets or a lot bounded on two sides by a curving street two chords of which form an angle of 120 degrees or less measured on the lot side.

Lot coverage means the area of the lot occupied by impervious material, including but not limited to, decks with one-fourth inch spacing or less; decks with surface underneath that is impervious; concrete or paver patios; bituminous patios; rocks with plastic liner; courts (sport and tennis); sand boxes with liners; roofs; structures; paved driveways; driveway surfaces (crushed bituminous, concrete, gravel, pavers, or other rock); landscape beds with linings; and concrete or paver sidewalks. Exceptions include the following topics: Wood decks with one-fourth inch spacing or more with pervious material underneath the deck, wood chip sidewalks; retaining walls; and swimming pools, excluding any and all necessary aprons, provided that an engineered rain garden is installed. The specifications, size and location of the rain garden will be subject to the review and approval of the city engineer. Pavers that are specifically engineered to be pervious will receive a 50 percent exemption from any hardcover/impervious surface lot coverage calculation, subject to the review and approval of the city engineer. Pavers will not be incorporated into the impervious lot coverage calculations for projects on properties with existing homes so long as they are completed no later than May 1, 2010. At that time, pavers will be incorporated into the impervious lot coverage calculations.

Lot depth means the mean horizontal distance between the front and rear lot lines.

Lot, double frontage means a lot having frontage on two non-intersecting streets.

Lot, interior means a lot other than a corner lot.

Lot line, front means the boundary of a lot abutting a street or right-of-way. On a corner lot, the shortest street lot line will be considered the front lot line.

Lot line, rear means the lot line or lot lines most nearly parallel to and most remote from the front lot line. If the rear lot line is less than ten feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line.

Lot of record means any lot for which a deed or registered land survey has been recorded in the office of the register of deeds or the register of titles for Hennepin County, Minnesota, prior to the effective date of this section, after approval by the city council if required.

Lot, unit means lots created from the subdivisions of a base lot.

Lot width means the horizontal distance between the side lot lines measured at right angles to the lot depth at the established front building line.

Lower-potency hemp edible manufacturer means a business with a lower-potency hemp edible manufacturer license from the State od Minnesota Office of Cannabis Management.

Lower-potency hemp edible retailer means a business with a lower-potency hemp edible retailer license from the State of Minnesota Office of Cannabis Management.

Manufactured single-family dwelling means a structure, not affixed to or part of real estate, transportable in one or more sections, which in a traveling mode is eight body feet or more in width, or 40 body feet, or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a single-family dwelling with or without a permanent foundation when connected to required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained in it, except for accessory manufactured single-family dwellings and temporary manufactured single-family dwellings, as defined herein. A manufactured single-family dwelling will be construed to remain a manufactured single-family dwelling, subject to all regulations applying thereto, whether or not wheels, axles, hitch, or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. A manufactured single-family dwelling will not be construed to be a travel trailer or other form of recreational vehicle.

Manufactured single-family dwelling, accessory means a manufactured single-family dwelling which is accessory to an existing dwelling on a lot and which may only be occupied by the owners of the lot, members of the owner's family, or persons employed on the premises who are engaged in commercial agriculture activities on that lot.

Manufactured single-family dwelling, temporary means a manufactured single-family dwelling which is used for a period not to exceed nine months, while a dwelling is being constructed on the same lot.

Mobile home has the same meaning as manufactured single-family dwelling.

Mobile home park means a parcel of land under single ownership which has been planned and improved for the placement of mobile homes for non-transient use.

Model home means a home which is similar to others in a development and which is open to public inspection for the purpose of selling said other homes.

Module manufactured or pre-fabricated home means a non-mobile housing unit that is basically fabricated at a central factory and transported to a building site where final installations are made, permanently affixing the module to the site. A modular home will be congruous to a one family dwelling.

Motel. See automobile court.

Municipal water and sewer systems means utility systems serving a group of buildings, lots, or an area of the city, with the design and construction of such utility systems as approved by the city engineer.

Nameplate means a sign indicating the name and/or the address of a building, or the name of an occupant thereof and/or the practice of a permitted occupation therein.

Natural environment district means a shoreland overlay district for lakes and streams which are presently undeveloped and will be protected by balancing general public use and low density development.

Net developable acres means the gross area of a lot being developed less area identified as wetlands, wetland buffers, bluffs, bluff impact zones, right-of-way dedicated for arterial roadways, and other land guided for nonresidential use.

Nonconforming use means any legal structure or legal use existing upon the effective date of the adoption of this section and which does not conform to the provisions of this section may be continued for a certain period of time subject to the conditions of section 505.05, subdivision 11.

Ordinary high water level means the boundary of "public waters" and "wetlands", as defined by Minn. Stats. § 103G.005, and will be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. Any references in this section to ordinary high water mark will be construed to have the same meaning as ordinary high water level.

Ordinary high water mark. See ordinary high water level.

Park feature means an attraction within a public park that is regularly used by minors, including a playground or athletic field.

Parking space means a land area of not less than 180 square feet, exclusive of driveways and aisles, of such shape and dimensions and so prepared as to be usable for the parking of a motor vehicle, and so located as to be readily accessible to a public street or alley.

Performance standard means a criterion established to control environmental effects such as, but not limited to: Odor, smoke, toxic or noxious matter, vibration, fire and explosive hazard, glare, run-off or generated by or inherent in, uses of land or building.

Person includes a corporation, a partnership, an unincorporated association of persons such as a club, and an owner.

Planned unit development means a tract of land developed as a unit rather than as individual development wherein two or more buildings may be located in relationship to each other rather than to lot lines with regard to use, location and in accordance with definite requirements as well as provisions agreed to between the city and developers.

Plot means a tract, other than one unit of a recorded plat or subdivision occupied and used or intended to be occupied and used as a building site and improved or intended to be improved by the erection thereon of a building and accessory building and having a frontage upon a public street or highway and including as a minimum such open spaces as required under this section.

Poultry facility means a confined area or structure used for raising, feeding, breeding or holding chickens, turkeys, and other poultry for eventual sale or the production of eggs, which is not incidental to normal farming operations.

Protected waters means any waters of the state as defined in Minn. Stats. § 103G.005. However, no lake, pond or flowage of less than ten acres in size and no river or stream having a total drainage area less than two square miles will be regulated for the purposes of these regulations.

Public access means an area owned and/or operated by a governmental entity for the launching and retrieval of water craft from the public waters, or other recreational activities adjacent to public waters.

Public open space means any publicly owned open area, including but not limited to the following: Parks, playgrounds, school sites, parkways and streets.

Public utility means any person, firm, corporation, municipal department, or board fully authorized to furnish and furnishing under municipal regulation to the public, electricity, gas, steam, communication services, telegraph services, transportation, or water.

Quadraminiums means single structures which contain four subdivided dwelling units all of which have individually separate entrances from the exterior of the structure.

Quarter-quarter section means the northeast, northwest, southwest, or southeast quarter of a quarter section delineated by the United States government system of land survey and which is exactly or nearly 40 acres in size, including roads.

Railroad right-of-way means a strip of land with tracks and auxiliary facilities for track operation but not including depots, loading platforms, station, train sheds, warehouses, car shops, locomotive shops, or water towers.

Recreational development district means a shoreland overlay district capable of absorbing additional development and recreational use, but not intended to sustain any more than a medium density of either.

Residential treatment facility means any facility licensed or regulated by the Minnesota Department of Human Services that provides 24-hour-a-day care, lodging, or supervision outside a person's home and which also provides chemical dependency or mental health services.

Rest home, convalescent home or nursing home means a private home for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders, but not containing equipment for surgical care or for treatment of disease or injury.

Roof-mounted solar energy system means a solar energy system that is mounted to the roof using brackets, stands or other apparatuses.

School means a public school, as defined in Minn. Stats. § 120A.05, subdivisions 9, 11, 13, and 17, or a nonpublic school, or church or religious organization in which a child is provided instruction in compliance with this section and Minn. Stats. § 120A.24, but does not include a home school.

Seasonal event means a gathering of person's incidental to providing a specific service defined in the agricultural service establishment definition during a specified time period.

Semi-public uses means uses owned by private or private nonprofit organizations which are open to some but not all of the public such as: Denominational cemeteries, private schools, clubs, lodges, recreation facilities and churches.

Setback or setback line means the mean horizontal distance between the property line or street right-of-way and the line of the structure or the allowable building line as defined by the yard regulations of this section.

Shopping center-community center means a retail center designed for the purpose of retailing and providing a wide range of goods and services of both the "convenience" and the "shoppers or durable" nature such as apparel, furniture and banking and financial services, for a trade area comprised of several residential areas.

Shopping center-neighborhood center means a retail center designed for the purpose of retailing "convenience" goods such as foods and drugs and providing personal services such as barber shops and laundry stations for the accommodation of the basic day-to-day shopping or service needs of persons living or working within the nearby area.

Shopping center-regional center means a retail center designed to serve a trade area of several communities and to provide a depth of "convenience" and "shoppers and durable" goods and service comparable to that found in the central business districts of Minneapolis and St. Paul.

Shoreland means any land located within the following distances from protected waters:

(a)

One thousand feet from the ordinary high water mark of a lake, pond, or flowage; and

(b)

Three hundred feet from a river or stream, or the landward extent of a floodplain on such rivers or streams, whichever is greater. The practical limits of shorelands may be less than the statutory limits where such limits are designated by natural drainage divides at lesser distances, as shown on the official zoning map of the city.

Shore impact zone means land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50 percent of the structure setback. For parcels with permitted agricultural land uses, the shore impact zone means land located within 50 feet of the identified ordinary high water level of a public water.

Slope means the amount a land surface rises or falls from a horizontal plane. This slope amount (S) is expressed in a percentage, which is arrived at by dividing the distance of the vertical rise or fall from the horizontal plane (a), by the horizontal distance (b), and multiplying the result by 100. Hence, S% = (a/b) (100).

Slope conditionally buildable means lands within a shoreland district having an average slope of 12 percent or greater, but less than 30 percent, as measured over horizontal distance of 50 feet or more. Lands not located within a shoreland district will be defined as a conditionally buildable slope if they have an average slope of 18 percent or greater, but less than 30 percent, as measured over horizontal distances of 50 feet or more. Such slopes may be considered dry buildable land only if they meet the criteria prescribed in section 505.07, subdivision 6.

Sober house means a dwelling unit occupied by more than three unrelated individuals who are all in recovery from chemical dependency and considered disabled under the Federal Fair Housing Act Amendments of 1988 and that provides a non-institutional residential environment in which the residents willingly subject themselves to rules and conditions intended to encourage and sustain their recovery. The residents of a sober house are similar to a family unit and share kitchen and bathroom facilities and other common areas of the unit. Sober houses are financially self-supporting. This definition does not include facilities that receive operating revenue from governmental sources. Sober houses do not provide on-site supportive services to residents, including but not limited to the following: Mental health services; clinical rehabilitation services; social services; medical, dental, nutritional, and other health care services; financial management services; legal services; vocational services; and other similar supportive services.

Solar energy system (SES) means a ground-mounted or roof-mounted solar energy system and their related apparatuses and equipment.

Story means that portion of a building included between the surface of any floor and the surface of the floor next above it, or, if there is no such floor above, the space between such floor and the ceiling next above it.

Story, half means a space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top level, and in which space not more than two-thirds of the floor area is finished off for use. A half-story containing independent apartment or living quarters will be counted as a full story.

Street, public means a thoroughfare which affords a principal means of access to abutting property and which has been accepted by the city as a public street.

Structural alterations means any change in the supporting members of a building such as bearing walls, columns, beams, or girders, or any substantial changes in the roof and exterior walls.

Structure means anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground. When a structure is divided into separate parts by an unpierced wall, each part will be deemed a separate structure.

Subdivision means the division of a parcel of land into two or more lots or parcels, any of which resultant parcel has frontage on a public right-of-way, for the purpose of transfer of ownership or building development, or, if a new street is involved, any division of a parcel of land. The term includes resubdivision and, when appropriate to the context, will relate to the process of subdividing or to the land subdivided.

Toe of bluff means the point on a bluff where there is, as visually observed, a clearly identifiable break in the slope, from gentler to steeper above. If no break in the slope is apparent, the toe of bluff will be determined to be lower end of a 50-foot segment, measured on the ground, with an average slope exceeding 18 percent.

Top of bluff means the point on a bluff where there is, as visually observed, a clearly identifiable break in the slope from steeper to gentler slope above. If no break in the slope is apparent, the top of the bluff will be determined to be the higher point of a 50-foot segment with an average slope exceeding 18 percent.

Townhouse means a single structure consisting of three or more dwelling units contiguous to each other only by the sharing of common side wall(s), each such unit having a separate primary entrance to the exterior of the building at or near grade level. Townhomes may include individual front loading garages, or shared side loading parking areas.

Trailer house has the same meaning as manufactured single-family dwelling.

Use means the purpose for which land or premises or a building thereon is designated, arranged or intended, or for which it is or may be occupied or maintained.

Use, accessory means a use subordinate to the principal use on a lot and exclusively used for purposes incidental to those of the principal use.

Use, permitted means a use which may be lawfully established in a particular district, provided it conforms with all requirements, regulations, and performance standards of such district.

Use, principal means the main use of land for an activity which is an allowable use of the zoning district in which the land is located.

Variance means a modification or variation of the provisions of this section, as applied to a specific piece of property.

Wind energy conversion system (WECS) means the equipment that converts and then stores or transfers energy from the wind into usable forms of energy. This equipment includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, or other component used in the system.

Yard means an open space on the same lot with a building or structure, which is unoccupied and unobstructed from its lowest level to the sky, except as otherwise permitted in this section.

Yard, front means a yard extending across the front of a lot between the side yard lines and lying between the front street line of the lot or right-of-way and the required front yard setback line, which front yard will be provided on both street frontages of corner lots and double frontage lots. A lakeshore lot will not be considered as having a front yard, but rather will be considered as having a lakeshore yard on one side of the building and a rear yard on the other side of the building.

Yard, lakeshore means a yard lying between the natural ordinary highwater mark on the lakeshore and the required lakeshore setback line, for the full width of the lot.

Yard, rear means a yard lying between the required rear yard setback line and rear line of the lot, for the full width of the lot. On a lakeshore lot, the rear yard will be the yard which fronts on the street lying between the street line of the lot and the required rear yard setback line.

Yard, side means a yard on the same lot with a building between the side yard setback line and the side line of the lot and extending from the front or lakeshore lot line to the rear yard.

Zero lot line means the reduction of side yard setback requirements to zero, permitting the placement of a structure near or adjacent to the side yard lot line. With zero lot line, no portion of the structure or accessory appurtenance shall project over the lot line.

Zoning administrator means the person authorized to administer and enforce this section.

Zoning districts means areas of the city designated for specific uses with specific requirements for use or development.

Zoning map means the map or maps incorporated into this section as a part thereof designating the zoning districts.

(Revised 02/04/2008, Ordinance 319; Revised 03/16/2009, Ordinance 315; Revised 07/20/2015, Ordinance 431; Revised 07/18/2016; Ordinance 438; Revised 05/01/2017; Ordinance 439; Revised 05/03/2021; Ordinance 463; Ord. No. 496, § 1, 2-3-2025)

Subd. 1.

Purpose and intent. The purpose and intent of this section is:

(a)

To promote the general public health, safety, morals, comfort and general welfare of the inhabitants of the city;

(b)

To promote the character and preserve and enhance the stability of properties and areas within the city;

(c)

To divide the city into zones or districts as to the use, location, construction, reconstruction, alteration and use of land and structures for residence, business and industrial purposes;

(d)

To provide adequate light, air, privacy and safety;

(e)

To prevent the overcrowding of land, undue concentration of population;

(f)

To promote the proper use of land and structures;

(g)

To fix reasonable standards to which buildings, structures and land will conform for the benefit of all;

(h)

To prohibit the use of buildings, structures and lands that are incompatible with the intended use or development of lands within the specified zones;

(i)

To promote the safe, rapid and efficient movement of people and goods;

(j)

To facilitate the provision of public services;

(k)

To limit congestion in the public streets and protect the public health and welfare by providing for the off-street parking of vehicles and vehicle loading areas;

(l)

To protect against fire, explosion, panic, noxious fumes, offensive noise, vibration, dust, odor, heat, glare, other pollution and hazards in the interest of the public health, comfort and general welfare;

(m)

And to define and limit the powers and duties of the administrative officers and bodies provided for herein.

Subd. 2.

Scope. From and after the effective date of this section, the use of all land and every building or portion of a building erected, altered with respect to height and area, added to or relocated, and every use within a building or use accessory thereto, in the city will be in conformity with the provisions of this section.

Subd. 3.

Interpretation. The provisions of this section are the minimum requirements for the promotion of the public health, safety, morals, convenience and general welfare. Where the provisions of this section impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this section will be controlling. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this section, the provisions of such statute, other ordinance or regulation will be controlling.

Subd. 4.

Private agreements. This section does not abrogate any easement, covenant, or any other private agreement where such is legally enforceable provided that where the regulations of this section are more restrictive (or impose higher standards or requirements) than such easements, covenants, or other private agreements, the requirements of this section will govern.

Subd. 5.

Severability. Should any provision of this section be declared by a court of competent jurisdiction to be invalid, such decision will not affect the validity of this section as a whole or any part thereof other than part so declared to be invalid.

Subd. 6.

Section a continuation of existing zoning ordinance; effective dates not altered or established. This section is a codification of the zoning ordinance. The adoption of this code is not intended to establish or alter any effective date for the purpose of administration and enforcement of this section, it being the intent of the city council that this section be interpreted as a continuation of the zoning ordinance. In this section "the effective date of this section," or the "date of adoption of this section" or similar phrases are to be interpreted as if the zoning ordinance had not been codified.

Subd. 7.

Rules of construction. The language set forth in the text of this section will be interpreted in accordance with the following rules of construction:

(a)

Words used in the present tense will include the future; words in the singular will include the plural, and the plural the singular.

(b)

"Person" will include an individual, association, syndicate, organization, partnership, trust company, corporation or any other legal entity.

(c)

"May" is to be construed as being permissive.

(d)

"Lot" will include the words "plot", "piece" and "parcel".

(e)

"Used for" will include the phrases "arranged for", "designed for", "intended for", "maintained for" and "occupied for".

(f)

"Will" is to be construed as being mandatory and not discretionary.

Subd. 1.

Zoning administrator. The office of zoning administrator is hereby established. The city council may appoint as many persons as it deems necessary to carry out the duties of the office, which duties will include the following:

(a)

Issue certificates of occupancy and maintain records thereof;

(b)

Periodically inspect buildings, structures, and uses of land to determine compliance with the terms of this section;

(c)

Notify, in writing, any person responsible for violating a provision of this section, indicating the nature of the violation and ordering the action necessary to correct it;

(d)

Order discontinuance of illegal use of land, buildings or structures; order removal of illegal buildings, structures, additions, alterations; order discontinuance of illegal work being done; or take any other action authorized by this section to ensure compliance with or to prevent violation of its provisions, including cooperation with the city attorney in the prosecution of complaints;

(e)

Maintain permanent and current records of the zoning ordinance, including all maps, amendments, conditional uses, and variances;

(f)

Maintain a current file of all permits, all certificates, and all copies of notices of violation, discontinuance, or removal for such time as necessary to ensure a continuous compliance with the provisions of this section and, on request, provide information to any person having a proprietary or tenancy interest in any specific property;

(g)

Provide clerical and technical assistance to the planning commission and board of appeals and adjustments;

(h)

Submit each month to the planning commission an itemized summary of certificates and permits granted and other significant activity of the preceding month;

(ii)

Receive, file and forward to the board of appeals and adjustments or planning commission all applications for conditional use permits, variances or amendments.

Subd. 2.

Board of appeals and adjustment. A board of appeals and adjustments is hereby established which will consist of all the members of the planning commission and will have the following power and duties:

(a)

To review and hold public hearings on all applications for variances under the zoning ordinance or subdivision regulations and to make recommendations on said applications to the city council;

(b)

To hear and decide appeals from any order, requirement, decision, or determination made by the zoning administrator or any other administrative officer of the city in the interpretation or enforcement of the zoning ordinance or subdivision regulations; and

(c)

To hear and decide appeals by landowners who have been denied building permits due to the location of their land within an area governed by an official map duly adopted and filed by the city.

Subd. 3.

Appeal from administrative decisions.

(a)

Time for appeal. An appeal may be taken to the board of appeals and adjustments by any person aggrieved by any order, requirement, decision or determination made by the zoning administrator or any other administrative office of the city in the interpretation or enforcement of any provision of the zoning ordinance or subdivision regulations. Such an appeal will be made by written notice to the zoning administrator within 20 days of the order, requirement, decision or determination, must specifically describe the facts involved and the basis for appeal and must be accompanied by an administrative fee as prescribed by the city fee schedule ordinance. The 20 days in which to appeal shall be measured from the time the aggrieved party received actual or constructive notice of the order, requirement, decision or determination.

(b)

Appeal to board. Upon receipt of a notice of appeal, the zoning administrator will transmit the notice to the board of appeals and adjustments, together with all papers constituting a record upon which the action appealed was taken and will set a time and place for a hearing on the appeal. Such time will not be less than ten and not more than 30 days after receipt of the notice. Due notice of the hearing will be given to the appellant and other interested parties reasonably known to the zoning administrator.

(c)

Decision and review. Within the time prescribed by Minn. Stats. § 15.99, the board will make its order deciding the matter and send a copy of such order to the applicant by mail. The applicant or any other party aggrieved by the board's decision, including the zoning administrator, may within 30 days thereafter file with the city administrator a written appeal to the city council from the decision of the board.

(d)

Appeal to council. Upon receipt of an appeal from a decision of the board of appeals and adjustments, the city administrator shall schedule the matter to be heard by the city council. The city council may rely upon the record before the board of appeals and adjustments or take such additional oral or written testimony as it may deem appropriate in considering the appeal. The city council shall make its decision within the time prescribed by Minn. Stats. § 15.99 and send a copy of its decision to the appellant by mail.

Subd. 4.

Public hearings.

(a)

Public hearings regarding zoning matters may be held within the corporate limits of the city by order of the city council, planning commission or board of appeals and adjustments whenever said bodies deem such hearings necessary or when required by this section.

(b)

Notice of a public hearing will be given by publication at least once in the official newspaper of the city, not less than ten days and not more than 30 days prior to the hearing, stating the time, place and purpose of the hearing together with a description of property affected. Not less than ten days nor more than 30 days prior to said hearing a copy of said notice will be mailed by the city administrator or zoning administrator to the owner or owners of the property affected and to the owner or owners of property within 500 feet of the property affected. When the property affected is larger than ten acres, the city council may waive the requirement of mailed notice, but if notice is waived, then said notice must be published at least twice in the official newspaper.

(c)

For the purpose of giving mailed notice, the person responsible for the mailing the notice may use any appropriate records to determine the names and addresses of owners. Proof of mailing of notice will be made by affidavit of the person mailing same and will be made a part of the proceedings.

(d)

The failure to give mailed notice to individual property owners, or defects in the notice will not invalidate the proceedings, provided a bona fide attempt to comply has been made.

Subd. 5.

Amendments.

(a)

Generally. This section may be amended by a two-thirds vote of the city council whenever the public necessity and convenience and the general welfare require such amendment.

(b)

Initiation of proceedings. Proceedings for amendment of this section will be initiated by:

(1)

A petition of the owner or owners of the actual property, the zoning of which is proposed to be changed;

(2)

A recommendation of the planning commission; or

(3)

Action of the city council.

(c)

Application. Proceedings for amendment which are initiated by the petition of the owner or owners of the property will be filed with the zoning administrator. All applications will be accompanied by an administrative fee as prescribed in the city's fee schedule and will include the following information:

(1)

The name and address of the applicant or applicants;

(2)

A description of the area proposed to be rezoned; the names and addresses of all owners of property lying within such area and a description of the property owned by each;

(3)

The present zone classification of the area and the proposed zone classification;

(4)

A description of the present use of each separately owned tract within the area, and the intended use of any tract of land therein;

(5)

A site plan showing the location and extent of the proposed building, parking, loading, access drives, landscaping and any other improvements;

(6)

A statement of how the rezoning would fit in with the general zoning pattern of the neighborhood, and the zoning plan of the entire city;

(7)

A map showing the property to be rezoned, and the present zoning of the surrounding area for at least a distance of 500 feet, including the street pattern of such area, together with the names and addresses of the owners of the lands in each area.

(d)

Referral to planning commission. Except in the case of initial recommendation by the planning commission, any proposed change will be submitted to the planning commission and its recommendation thereon will be submitted to the city council, before further proceedings are taken. Prior to making a recommendation, the planning commission may hold whatever public hearings it deems advisable in the manner provided in section 505.05, subdivision 4. If no recommendation is transmitted by the planning commission within 60 days after referral of the proposed change to the planning commission, the city council may take action without further awaiting such recommendation.

(e)

Issuance. Upon receipt of the report of the planning commission, or at any time after 60 days from the submission thereof to the planning commission without a recommendation as allowed in subdivision 4 above the city council will consider the proposed amendment.

The city council will hold at least one public hearing on the proposed amendment in the manner provided in section 505.05, subdivision 4. After such hearings, the city council may vote upon the adoption of any proposed amendment or it may refer it back to the planning commission for further consideration. In considering the proposed amendment, due allowance will be made for existing conditions, for the conservation of property values, for the direction of building development to the best advantage of the entire city, and for the uses to which the property affected is being devoted at the time. No change will be recommended unless it is required of the public good, is in the interest of the public health, safety, and welfare, and is compatible with the comprehensive plan of the city.

(f)

Denial. The proposed amendment may be denied by motion of the city council and such motion will constitute a finding and determination by the city council that the conditions required for approval do not exist.

Subd. 6.

Site plan review.

(a)

The following shall require site plan review by the planning commission and city council: all new uses and developments within the public/semi-public facilities zoning district; all new uses or major changes to existing uses in any zoning district that do not require any other type of land use application; all non-residential subdivisions, and any multi-family residential building design plans. A "major change" shall be defined as any modification which increases the size of the building(s) on the site or the use by more than 25 percent. Any change to an existing use that does not require any other type of land use application and does not meet the definition of a "major change" under this section shall require an administrative site plan review by city staff. City staff has the discretion in these instances to require that the application be reviewed by the planning commission and city council.

(b) The owner or developer shall submit an application for site plan review to the city planning department. The application shall be accompanied by the following information and documentation to the extent that it is not otherwise required by another land use application being made by the applicant for the same site at the same time:

(1)

The street address and legal description of the property;

(2)

The applicant's name, address, telephone number and interest in the property;

(3)

The owner's name, address and telephone number if different from the applicant and the owner's signed consent to the filing of the application;

(4)

The zoning classification, zoning district boundaries and present use of the property;

(5)

A survey showing property boundaries; existing improvements, including utilities, drainage tiles and wells; topography of the site and area within 100 feet of the property's boundaries at two-foot contour intervals; existing trees and other significant vegetation; easements of record, including the dimensions thereof; and wetlands;

(6)

A site plan of the proposed improvements showing all buildings, including details of loading docks, parking areas, driveways, access points, berms, easements and adjacent public or private streets;

(7)

Floor plans and building elevations, including a list of building materials, showing a sketch or computer-generated image of proposed buildings as viewed from surrounding properties;

(8)

A site plan of existing uses on property adjacent to the site, and within 100 feet of the property line, showing the locations of any buildings, including loading docks, entrances, and other significant features and illustrating sight lines to proposed uses;

(9)

A proposed grading plan at two-foot contour intervals;

(10)

A landscaping plan;

(11)

A drainage and stormwater plan;

(12)

A utility plan;

(13)

A sign plan;

(14)

A lighting plan;

(15)

A table of all proposed uses by type and square footage, including estimated water and sanitary sewer usage;

(16)

A schedule of staging or timing of development; and

(17)

An application fee.

Upon receipt of an application for a site plan review, the planning department shall determine whether the application is complete. If the application is not complete, the planning department shall notify the applicant in writing that the application is not complete and shall specify the additional documentation or information that the applicant will be required to submit before the application will be considered complete. When the application is complete and if the application is not to be administratively reviewed by city staff, the planning department shall refer the matter to the planning commission for review.

(c)

The planning commission shall review the proposed site plan on the basis of the information and documentation submitted by the applicant and any other information available to it. The review may occur separately or in conjunction with any other city hearing or review required under state statute, the city code or any other applicable law or regulation regarding the same property or development and occurring at the same time. The planning commission shall review the proposed site plan to determine whether it is consistent with the requirements of the city code, including the applicable performance standards and the purpose of the zoning district in which the property is located. Following the review, the planning commission shall recommend to the city council that the site plan be approved, approved with conditions or denied.

(d)

The city council shall consider the recommendations of the planning commission after receipt of its report and may consider any additional information or conduct such additional review as it determines would serve the public interest. The city council shall make its decision to approve, approve with conditions or deny the site plan. The city council may condition its approval in any manner it deems reasonably necessary in order to promote the public health, safety or welfare, to achieve compliance with applicable laws and regulations, or to accomplish the purposes of the zoning district in which the property is located. In the event that no permits have been issued and no work has commenced on the site and one year has passed from the date of final action by the city council, the site plan approval by the city council shall expire. At that time, the approval granted by the city council shall be null and void and no permits may be issued. An extension, not to exceed one additional year, to the expiration date may be granted by the city council for good cause upon a written request by the applicant.

(e)

An application to amend an approved site plan shall be reviewed under this section in the same manner as an initial application for a site plan review except that any change, addition or expansion which qualifies as a minor change by the planning department may be administratively reviewed and approved by city staff. A "minor change" shall generally include only those modifications which do not increase the size of the building or the use by more than 25 percent. However, in these instances, city staff has the discretion to require that the application be reviewed by the planning commission and city council.

Subd. 7.

Conditional use permits.

(a)

Intent. It is the intent of the city in establishing general and specific criteria for conditional uses that such uses by subject to careful evaluation to ensure that their location, size, and design are consistent with the standards, purposes, and procedures of this section and the comprehensive plan. The planning commission may recommend and the city council may impose conditions on such uses in order to effect the purpose of this section.

The city council may grant conditional use permits when such permits are authorized by this section and may impose conditions and safeguards in such permits to protect the health, safety and welfare of the community and assure harmony with the comprehensive plan of the city.

(b)

Criteria. In acting upon an application for a conditional use permit, the city will consider the effect of the proposed use upon the health, safety, and general welfare of the city including but not limited to the factors of noise, glare, odor, electrical interference, vibration, dust, and other nuisances; fire and safety hazards; existing and anticipated traffic conditions; parking facilities on adjacent streets and land; the effect on surrounding properties, including valuation, aesthetics and scenic views, land uses, character and integrity of the neighborhood; consistency with the city's comprehensive plan; impact on governmental facilities and services, including roads, sanitary sewer, water and police and fire; effect on sensitive environmental features including lakes, surface and underground water supply and quality, wetlands, slopes, flood plains and soils; and other factors as found relevant by the city. The city may also consider whether the proposed use complies or is likely to comply in the future with all standards and requirements set out in other regulations or ordinances of the city or other governmental bodies having jurisdiction over the city. In permitting a new conditional use or the alteration of an existing conditional use, the city may impose, in addition to the standards and requirements expressly specified by this section, additional conditions which it considers necessary to protect the best interest of the surrounding area or the community as a whole.

(c)

Applications. Applications for conditional use permits will be made by the owner or owners of the property and will be filed with the zoning administrator. All applications will be accompanied by an administrative fee as prescribed in the city's fee schedule and will include the following information:

(1)

A description of the proposed use;

(2)

A legal description of the property, including property identification number;

(3)

A site plan showing the location and extent of the proposed building, parking, loading, access drives, landscaping and any other improvements;

(4)

A map or plot showing the property in question and all property within 500 feet of the boundaries of the property in question;

(5)

The names and addresses of the owners of record of all property within 500 feet of the boundaries of the property in question;

(6)

Any other information required by the zoning administrator, planning commission or city council.

(d)

Referral to planning commission. Before any conditional use permit may be granted, the application therefore will be referred to the planning commission for study and for its recommendation to the city council for the granting of such conditional use permit and the conditions thereof, if any, or for the denial of such conditional use permit, based upon the standards set out in subdivision 2 above.

The planning commission may hold one or more hearings on the application in the manner provided in section 505.05, subdivision 4. If a public hearing is not held, a notice describing the property and the request must be mailed to the adjacent property owners at least seven days before the planning commission meeting. Failure of the property owners to receive the notice will not invalidate the proceedings.

(e)

Issuance. Upon receipt of the recommendation of the planning commission, the city council will consider the application and may hold whatever public hearing it deems advisable in the manner provided in section 505.05, subdivision 4. In considering applications for conditional use permits under this section, the city council will consider the recommendations and advice of the planning commission and the standards set out in section 505.05, subdivision 7(b) above and may grant or deny the permit and may impose conditions and safeguards therein. The permit is valid for one year from date of issuance unless otherwise specified in the resolution of approval and will be automatically renewed each year unless objections or complaints are received from neighboring property owners or city council or city staff requests review of it.

(f)

Denial. An application for a conditional use permit may be denied by motion of the city council and such motion will constitute a finding and determination by the city council that the conditions required for approval do not exist.

(g)

Action without planning commission recommendation. If no recommendation is transmitted by the planning commission within 60 days after referral of the application for conditional use permit to the commission, the city council may take action without further awaiting such recommendation.

(h)

Inspection and revocation. The city may at any time inspect the conditionally permitted use to determine if the applicant is strictly adhering to the conditional use permit and the conditions thereof. If it is found that the permit and the conditions of the permit are not being adhered to, the applicant will be notified in writing by the city and given ten days to come into strict compliance. If compliance is not achieved after that ten-day period, the city council will hold a public hearing to consider the matter and may revoke the conditional use permit.

(i)

Vested rights. No conditional use permits will confer upon any person or to the benefit of any property any vested right to that use, but the use will remain subject to such regulations or conditions of that permit as the city and other regulatory authorities will find necessary from time to time in the public interest.

Subd. 8.

Interim use permit.

(a)

Purpose. The purpose of this chapter is to allow interim uses under specific and regulated conditions. Interim uses may be allowed by permit if the following conditions are met:

(1)

The use conforms to the zoning regulations;

(2)

The date or event that will terminate the use can be identified with certainty;

(3)

Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and

(4)

The user agrees to any conditions that the city council deems appropriate for permission of the use.

(b)

Criteria. In acting upon an application for an interim use permit, the city will consider the effect of the proposed use upon the health, safety, and general welfare of the city including but not limited to the factors of:

(1)

Noise, glare, odor, electrical interference, vibration, dust, and other nuisances;

(2)

Fire and safety hazards;

(3)

Existing and anticipated traffic conditions;

(4)

Parking facilities on adjacent streets and land;

(5)

The effect on surrounding properties, including valuation, aesthetics and scenic views, land uses, character and integrity of the neighborhood;

(6)

Consistency with the city's comprehensive plan; impact on governmental facilities and services, including roads, sanitary sewer, water and police and fire;

(7)

Effect on sensitive environmental features including lakes, surface and underground water supply and quality, wetlands, slopes, flood plains and soils; and

(8)

Other factors as found relevant by the city.

The city may also consider whether the proposed use complies or is likely to comply in the future with all standards and requirements set out in other regulations or ordinances of the city or other governmental bodies having jurisdiction over the city. In permitting a new interim use or the alteration of an existing interim use, the city may impose, in addition to the standards and requirements expressly specified by this section, additional conditions which it considers necessary to protect the best interest of the surrounding area or the community as a whole.

(c)

Application. The applicant shall submit an application for an interim use permit to the city planner. The application shall be accompanied by the following information and documentation:

(1)

Legal description of the property;

(2)

Identification of the owner and user, if different;

(3)

Site plan, including location of all buildings, driveways, parking areas, restroom facilities, septic systems, drain fields, wetlands and easements;

(4)

Sign plan;

(5)

Lighting plan;

(6)

Names of each owner of property situated wholly or partly within 1,500 feet of the property to which the interim use relates;

(7)

Statement of the date or event terminating the use;

(8)

Application fee as set forth in the city's fee schedule; and

(9)

Such other information as the city deems necessary or desirable.

(d)

City staff review. Upon receipt of an application for an interim use permit, the city planner shall review the material submitted and determine whether the application is complete. If the application is not complete, the city planner shall notify the applicant in writing and shall specify the additional documentation or information that the applicant will be required to submit before the application will be considered complete. When the application is complete, the city planner shall refer the matter to the planning commission for review and public hearing.

(e)

Planning commission review; public hearing.

(1)

The planning commission shall review the proposed interim use permit on the basis of the information and documentation submitted by the applicant and any other information available to it. The planning commission shall hold a public hearing on the proposed interim use. Notice of the time, place and purpose of the hearing shall be published in the city's official newspaper at least ten days prior to the date of the hearing. Notice shall also be mailed at least ten days prior to the hearing to each owner of affected property and property situated wholly or partly within 1,500 feet of the property to which the interim use relates.

(2)

The planning commission shall review the proposed interim use to determine whether it is consistent with the requirements of this chapter. Following the public hearing, the planning commission shall recommend that the interim use be approved with conditions or denied. The planning commission shall forward its recommendation to the city council along with a list of suggested conditions if it recommends approval of the permit.

(f)

City council review; amendment.

(1)

The city council shall consider the report of the city planner and the recommendation of the planning commission and may consider any additional information or conduct such additional review as it determines would serve the public interest. The city council shall approve with conditions or deny the interim use permit. The city council shall condition its approval in any manner it deems reasonably necessary in order to promote public health, safety or welfare and to achieve compliance with this chapter. The city council may require the applicant to enter into an agreement including such provisions as it deems reasonably required to ensure compliance with this chapter and the terms and conditions of the city's approval.

(2)

An application to amend an approved interim use permit shall be reviewed under this section in the same manner as an initial application for an interim use permit.

(g)

Termination. An interim use shall terminate upon the date or the occurrence of the event established in the permit or upon such other condition specified by the city. Notwithstanding anything herein to the contrary, an interim use may be terminated by a change in zoning regulations applicable to the use or land upon which it is located.

Subd. 9.

Variances. Pursuant to Minn. Stat. Sec. 462.357, subdivision 6, as it may be amended from time to time, the city, may issue variances from the provisions of this zoning code. A variance is a modification or variation of the provisions of this zoning code as applied to a specific piece of property.

(a)

A variance is only permitted when it is in harmony with the general purposes and intent of this chapter and when the variance is consistent with the comprehensive plan. A variance may be granted when the applicant establishes that there are practical difficulties in complying with this chapter. Practical difficulties, as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this chapter, the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, would not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems.

(b)

Variances shall be granted for earth sheltered construction as defined in Minn. Stat., section 216C.06, subdivision 14, when in harmony with the ordinance. The city may not permit as a variance any use that is not allowed under the zoning ordinance for property in the zone where the affected person's land is located. The city may permit as a variance the temporary use of a one family dwelling as a two-family dwelling. The city may impose conditions in the granting of a variance. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance.

(c)

An application for any such variance will be submitted in writing by the applicant. The application will state fully the grounds and all of the facts to justify the granting of a variance.

(d)

Supporting data. No variance will be issued unless the applicant, in support of the application, submits engineering data, surveys, site plans and other information as the city may require in order to determine the effects of such development on the affected land and water areas.

(e)

Fee. All applications for variances will be accompanied by a fee in the amount prescribed by ordinance.

Subd. 10.

Determination of substantially similar use. Any landowner may request a determination by the city council that a use not included in this section is substantially similar to a use classified as permitted, conditional or accessory. An application for such a determination will be filed with the zoning administrator who will refer it to the planning commission. The planning commission will consider the application and will file its recommendations with the city council. If the city council determines that the use is substantially similar to a use included in these regulations, such use will thereafter be permitted whenever the similar listed use is authorized.

Subd. 11.

Non-conforming uses and structures.

(a)

Non-conforming uses and structures. Any legal structure or legal use existing upon the effective date of the adoption of this section and which does not conform to the provisions of this section may be continued for a certain period of time subject to the following conditions:

(1)

A nonconforming use or dwelling will not be expanded, enlarged, or extended to occupy a greater height or area of land except in conformity with the provisions of this section;

(2)

If a nonconforming use is discontinued for a period of one year, further use of the property will conform to this section;

(3)

If a nonconforming use or structure is replaced by another use or structure, the new use or structure will conform to this section;

(4)

If a nonconforming structure is destroyed by any cause to an extent exceeding 50 percent of its fair market value, as indicated by the records of the county assessor, the use of the same thereafter will conform to this section;

(5)

Normal maintenance of a building or other structure containing or related to a lawful nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming use. Nothing in this section will prevent the placing of a structure in a safe condition after it has been declared unsafe by the building inspector of the city;

(6)

Alterations may be made to a residential building containing nonconforming residential units when they improve the livability of such units, provided that such alterations do not increase the number of dwelling units in the building. Such alterations will not change the amortization period set forth in clause (g) below;

(7)

Nonconforming structures and uses will be discontinued within a reasonable period of amortization of the building. A reasonable period of amortization will be construed to begin after the date of adoption of this section and will be considered to be 40 years for buildings of ordinary wood construction, 50 years for buildings of wood and masonry construction, and 60 years for buildings of fireproof construction.

(b)

Nonconforming junkyards. No commercial junkyard may continue as a nonconforming use for more than one year after the effective date of this section except that a commercial junkyard may continue as a nonconforming use in an industrial district if within that period it is completely enclosed within a building, fence, screen planting or other device of such height so as to screen completely the operations of the commercial junkyard. Plans of such a building or device will be approved by the city planning commission and the city council before it is erected or put into place.

(c)

Lots of record.

(1)

A lot of record existing upon the effective date of this section in the R-1, R-2, R-3, R-4, or R-5 residence zoning districts, which does not meet the requirements of this section as to area or width, may be utilized for one single-family detached dwelling or manufactured single-family dwelling, provided the measurements of such area and width are at least one-half of the requirements of this section, but the use of said lot of record will not be extended or more intensively developed unless the lot is combined with one or more abutting lots or portions thereof so as to create a lot meeting the requirements of this section.

(2)

A lot of record existing upon the effective date of this section in the R-2(DB) Douglas Beach single-family residence district, which does not meet the requirements of this section as to area or width, may be utilized for one single-family detached dwelling or manufactured single-family dwelling, provided the measurements of the width are at least 40 feet at the front yard setback line, rear yard setback line, and lakeshore yard setback line, but the use of said lot of record will not be extended or more intensively developed unless the lot is combined with one or more abutting lots or portions thereof so as to create a lot meeting the requirements of this section.

(3)

A lot of record existing upon the effective date of this section in the RA-agriculture residence zoning district which does not meet the requirements of this section as to lot area, width, or dry buildable land as prescribed below, may be utilized for one single-family detached dwelling, or one manufactured single-family dwelling, or agricultural uses, provided that:

a.

The measurements of such lot area and width are at least one-half of the requirements of this section;

b.

The lot of record has a contiguous area of dry buildable land equal to 10,000 square feet for a principal structure; such 10,000 square feet must include an area measuring at least 60 feet by 125 feet;

c.

The lot of record has a contiguous area of dry buildable land equal to 2,000 square feet for an accessory structure; such 2,000 square feet need not be immediately adjacent to the principal structure building site but must be accessible over the subject lot;

d.

The lot of record has 14,000 square feet of contiguous possible drainfield area; such 14,000 square feet will be located such that it will reasonably service the principal structure for which the drainfield is intended; such 14,000 square feet of possible drainfield area may be situated so as to have two separated sites of at least 7,000 square feet of contiguous area each;

e.

Any area of the lot of record that meets the definitions of both dry buildable land and possible drainfield area may be used to meet the minimum requirements of either, but may not be used to satisfy the minimum requirements of both; and

f.

Public and private rights-of-way, or vehicular or pedestrian easements may not be used in order to meet any portion of the minimum lot area, lot width, dry buildable land requirements or possible drainfield area requirements.

(4)

A lot of record existing upon the effective date of this section in the AP-agriculture preservation or A-agriculture zoning districts which does not meet the requirements of this section as to lot area, width, or dry buildable land as prescribed below, may be utilized for commercial agriculture, horticulture, farm buildings and accessory uses. It may also be utilized for one single-family detached dwelling or manufactured single-family dwelling provided that:

a.

The lot of record has a contiguous area of dry buildable land equal to 10,000 square feet for a principal structure; such 10,000 square feet must include an area measuring at least 60 feet by 125 feet;

b.

The lot of record has a contiguous area of dry buildable land equal to 2,000 square feet for an accessory structure; such 2,000 square feet need not be immediately adjacent to the principal structure building site but must be accessible over the subject lot;

c.

The lot of record has 14,000 square feet of contiguous possible drainfield area; such 14,000 square feet will be located such that it will reasonably service the principal structure for which the drainfield is intended; such 14,000 square feet of possible drainfield area may be situated so as to have two separated sites of at least 7,000 square feet of contiguous area each;

d.

Any area of the lot of record that meets the definitions of both dry buildable land and possible drainfield area may be used to meet the minimum requirements of either, but may not be used to satisfy the minimum requirements of both; and

e.

The lot of record meets all pertinent requirements of section 505.05, subdivision 11(c).

(d)

Nonconforming signs.

(1)

Nonconforming signs existing at the effective date of this section or subsequent changes in this section will be discontinued within a reasonable period of amortization of the sign. The amortization period will be determined by the city council based upon the age, type, value, condition and degree of nonconformity of the sign, but in no case will the amortization period be greater than three years.

(2)

Lessees, owners, or owners of property having nonconforming advertising signs existing at the effective date of this section will within 90 days file for a conditional sign use permit unless they have a valid special use permit obtained prior to the passage of this section. If they have a special use permit, they must apply for a conditional sign use permit before the expiration of the special use permit. If after the above time periods, an application for a conditional sign use permit has not been filed, the sign will be assumed abandoned, and the city zoning administrator will then order its removal after first giving 30 days' written notice to the last known lessee, or owner of property. The cost for such sign removal will be levied against the owner of the property.

(3)

Business signs on the premises of a nonconforming building or use may be continued as long as the building or use continues as a nonconforming use, but such signs will not be increased in number, area, height, or illumination.

(4)

No sign erected before the passage of this section will be rebuilt, altered or moved to a new location without being brought into compliance with the requirements of this section.

Subd. 12.

Abandonment of conditional use or variance.

(a)

Abandonment. Whenever within one year after the granting of a conditional use permit or a variance the owner or occupant will not have substantially completed the erection or alteration of a building or structure described, then the permit or variance will become null and void unless a petition for extension of time in which to complete the proposed construction of alterations has been granted.

(b)

Extension of time. A petition to extend time of a conditional use permit or variance will be in writing and filed with the zoning administrator more than 20 days before the expiration of one year from the date the permit or variance was approved. It will state facts showing a good faith attempt to use the permit or variance, and will state the additional time requested to complete the construction or alteration. Such petition will be presented to the board of appeals and adjustments for hearing and decision in the same manner as the original request.

In determining whether the petitioner has made a good faith attempt to use the permit or variance, the board may consider such factors as the design, size, expense and type of the proposed construction or alteration.

(c)

Two-year period. It will be within the power of the planning commission or board of appeals and adjustments, at the time of granting the original request for a conditional use permit or variance, to grant a two-year period for the substantial construction of the building or structure, but such two-year period may not thereafter be extended.

Subd. 13.

Building permit and certificate of occupancy.

(a)

No building permit or other permit pertaining to the use of land or buildings will be issued unless such building is designed and arranged to conform to the provisions of this section.

(b)

No land will be occupied or used and no building hereafter erected, reconstructed or structurally altered will be occupied or used, in whole or in part, for any purpose whatsoever, until a certificate of occupancy has been issued by the city, stating that the building and the use appears to comply with all of the provisions of this section applicable to the building or premises of the use in the zoning district in which it is to be located.

Subd. 14.

Violations. No person will use or occupy any lands or premises within the city contrary to the terms of this section, or in any manner violate the terms thereof or the terms of any condition imposed under its authority, and any person so doing, upon conviction, will be guilty of a misdemeanor.

Subd. 15.

Administrative fees.

(a)

Permit charges. No person will be issued a permit pursuant to this section until each applicant will have paid to the administrator the fixed and additional costs incurred by the city in reviewing the application as provided for in this section.

(b)

Fixed administrative costs. Each applicant will be charged the fixed fee specifically provided in this section or in duly enacted resolutions of this city as required to cover the costs incurred by the city in administratively processing, reviewing and issuing, if granted, each of the above permits.

(c)

Variable additional costs. Each applicant will be charged an amount equal to the additional costs incurred by the city in processing and reviewing each application for each of the above permits including, but not limited to, engineering, legal and planning consultant costs when authorized by the city council.

(d)

Initial payment. At the time of making application for each of the above permits, each applicant will pay the fixed fee as described in subsection (b) plus a deposit for the costs described in subsection (c) which will equal the city administrator's estimate of the additional costs the city will incur in processing and reviewing the applicant's particular permit application if such an estimate can be made.

(e)

Payment of costs. If no estimate of costs can be made by the administrator, the applicant will receive a monthly statement of costs incurred by the city which will be payable 15 days after receipt by the applicant. Failure to pay such costs will result in a suspension of action on the application. If a payment of estimated costs has been made, such payment will be a credit against such statements until the sum is exhausted in which event the excess will be due upon receipt of the statement. Any unused portion of the deposit will be refunded upon final action on the application. No permits will be issued until an applicant will make payment in full of costs billed to him.

(f)

Unpaid costs. The city council will certify all unpaid costs described in subsection (c) to the Hennepin County Auditor who will enter them upon the tax records as a lien upon such land to be collected in the same manner as other real estate taxes are collected.

(Ord. No. 496, § 2, 2-3-2025)

Subd. 1.

Area regulations. No lot area will be so reduced or diminished that the lot area, yards or other open spaces will be smaller than prescribed by this section, nor will the density of population be increased in any manner except in conformity with the area regulations as hereinafter provided.

Subd. 2.

Areas under water. All areas within the corporate limits of the city which are under water and not shown as included within any zone will be subject to all of the regulations of the zone which immediately adjoins the water area. If the water area adjoins two or more zones, the boundaries of each zone will be construed to extend into the water area in a straight line until they meet the other district at a half-way point.

Subd. 3.

Removal of soil, sand or other material. The use of land for the removal of topsoil, sand or gravel, and other material from the land is not permitted in any zone except as regulated by Chapter 4 of this code.

Subd. 4.

Yard landscaping. All required yards shall either be open landscaped and green areas or be left in a natural state, except as provided by section 505.07, subdivision 11 (f). If any yards are to be landscaped, they shall be landscaped attractively with lawn, trees, shrubs, and similar vegetation within one year after issuance of the certificate of occupancy. All areas shall be properly maintained in a sightly and well-kept condition. Yards in business or industrial districts or adjoining residence districts shall be landscaped with planting buffer screens. Plans for such screens shall be submitted as a part of the application for building permit for allowed uses, and shall be subject to acceptance by the zoning administrator for intent and purpose. Screening required as part of a proposed subdivision or conditional use permit shall be reviewed in conjunction with the applicable review process. All yard landscaping shall be installed as a part of the initial construction.

Subd. 5.

Height regulations.

(a)

Where the average slope of a lot within proposed building lines is greater than one foot rise or fall in seven feet of horizontal distance, one additional story will be permitted on the downhill side of any building.

(b)

A building may be allowed to exceed the maximum height requirement called for by this code if a conditional use permit is issued which successfully addresses the following criteria:

(1)

The architectural appearance of the building shall not be so dissimilar to the existing neighboring buildings as to cause impairments in property values or constitute a blighting influence within a reasonable distance of the lot.

(2)

For each additional one foot in allowable, actual, roof height as calculated by the building code, which is above the maximum building height allowed by the respective zoning district; front and side yard setback requirements shall be increased by one foot.

(3)

The construction does not limit solar access to abutting and/or neighboring properties.

(4)

The provisions of section 505.05, subdivision 7, Conditional uses, are considered and satisfactorily met.

(c)

Height limitations set forth elsewhere in this section may be increased by conditional use permit when applied to the following:

(1)

Church spires, belfries, or domes;

(2)

Water towers;

(3)

Flagpoles;

(4)

Agricultural structures in AP and A districts;

(5)

Radio towers and antennas exceeding 25 feet for use by licensed amateur radio operators in residential districts and planned unit developments.

(d)

Height limitations set forth in the R-3, R-4, R-5, C-1, C-2, and I districts may be increased by conditional use permit to a greater height for items specified in section 505.07, subdivision 5(c)(1)—(4) above, provided the following conditions are met:

(1)

The building or portion thereof with increased height shall not be adjacent to nor closer than 300 feet to any lot in any AP, A, RDB, R-1 or R-2 residence districts;

(2)

Where an increase in the height limitation is allowed under this section, the building or portion thereof will be set back from all side and rear lot lines an additional distance of one foot for every one foot that the building exceeds the height limitation of the district in which it is located;

(3)

The building or portion thereof with increased height will be set back from front yard lines an additional distance of one foot for every one foot that it exceeds 45 feet;

(4)

A site plan of the proposed building will be submitted along with the application for conditional use permit as regulated in paragraph (2) above;

(5)

The provisions of clauses (2), (3) and (4) above may be waived by the city council, in whole or in part, upon a finding that such a waiver would not have a deleterious effect upon surrounding properties.

(e)

Radio towers and antennas approved under paragraph (c)(5) above are subject to the following additional requirements:

(1)

In addition to submitting the information required by section 505.07, subdivision 5, an application for approval of radio towers and antennas subject to section 505.07, subdivision 5(c) shall include the following:

a.

A certified survey acceptable to the city which illustrates the relative size and visibility of the radio tower or antenna from adjoining property.

b.

A sketch to illustrate the construction details and construction materials.

c.

A written statement indicating that the structure is suitable for the purposes for which the applicant is licensed by the Federal Communication Commission ("FCC") and documentation as necessary to support this determination.

d.

A copy of an FCC amateur radio license.

e.

Other information as may be reasonably required by the city.

(2)

In addition to the factors listed under section 505.07, subdivision 5, the city shall consider the following in determining whether to issue a conditional use permit for a radio tower and antenna subject to section 505.07, subdivision 5(c) of this subdivision:

a.

The suitability of structure placement and design for amateur communications.

b.

The appropriateness of the structure design.

c.

The recommended hours of operation for those times when the structure will be extended to more than 25 feet above grade.

d.

Maintenance requirements.

e.

The distance of the structure from adjoining property lines.

f.

Other conditions as reasonable and necessary to prevent the structure or its use from becoming a nuisance to surrounding property owners.

(3)

No part of any tower or antenna will be designed, constructed, located, or maintained within a setback required by the zoning ordinance for a principal or accessory structure for the zoning district for which the antenna or tower is located. The setback for the structure will be equal to the total height of the structure so that the structure does not create a potential hazard, should it collapse.

(4)

The city may reasonably require placement of the structure at a different location on the proposed site in order to minimize the visual impact of the structure, taking into account the effect of structure placement on communications.

(5)

If the proposed height of the tower and antenna exceeds 25 feet, the applicant must demonstrate why the use of a retractable, crank-up tower would not be adequate.

(6)

The structure will comply with all applicable building, electrical, fire codes, and manufacturing standards.

(7)

The applicant must provide any additional information reasonably required by the city's building inspector.

(8)

No person will erect more than one antenna or tower on a residential parcel within the city.

(9)

Structures may not be artificially lighted unless required by law or by a governmental agency to protect the public's health and safety. No signage or advertising is permitted on the tower or antennas.

(10)

The structure will be screened by vegetation to the extent practicable.

(11)

The yard in which the structure is located must be enclosed by a fence between four and six feet in height, with a self-latching and locked gate; or an anti-climbing device must be present around the base of the structure to discourage climbing by unauthorized persons.

(12)

The conditional use permit is invalidated if property ownership changes.

(13)

All obsolete or unused structures must be removed by the property owner within two months of cessation of operations.

(14)

Any person erecting an antenna or tower within the city will show proof of liability insurance covering personal injury or property damage in the event that such damage is caused by the structure.

(15)

The applicant will agree to indemnify the city, its officers and personnel against any claim, demand, damages, actions or cause of action and from any fees, costs, disbursements or expenses of defending the same.

(16)

The applicant will agree to utilize the procedures established by the FCC to resolve any complaints received relating to interference allegedly caused by the structure.

(17)

The provisions of clauses (1)—(16) above may be waived by the city council, in whole or in part, upon a finding that such a waiver would not have a harmful effect upon surrounding properties.

(18)

In order to protect the public welfare, the city may limit the number of radio antennas and towers to be approved by the city within a specified geographic area on a determination that the number of antennas and towers approved are sufficient to reasonably accommodate amateur communications.

Subd. 6.

Conditionally buildable slopes. Conditionally buildable slopes, as defined in section 505.01, may be used to meet the minimum required amount of dry buildable land for a parcel or lot of record only if the following provisions are satisfied:

(a)

If the conditionally buildable slope is not to be disturbed by construction, or otherwise directly affected, but the parcel or lot of record must include any conditionally buildable slope area to meet the minimum dry buildable land area requirement, then the city's standard slope preservation easement, available at the city offices, must be fully executed and submitted at the time of permit application. This easement must encumber all conditionally buildable slopes on the subject property.

(b)

If the conditionally buildable slopes are to be disturbed by any building or construction project, or otherwise directly affected, then the following conditions must be satisfied:

(1)

The city's standard slope preservation easement, available at the city offices, must be fully executed and submitted at the time of permit application. This easement must encumber all conditionally buildable slopes on the subject property.

(2)

A vegetation plan satisfactory to the city engineer or city council must be submitted at the time of permit application. The vegetation plan is to include at least the following: Property lines drawn to scale, scaled location and size of any existing or proposed buildings; existing topography at a contour interval sufficiently detailed to define the topography over the entire conditionally buildable slope; within 50 feet of a potential or proposed construction-site each tree over four inches in diameter at a height of six feet above grade must be located to scale; the location of dense undergrowth and bushes; the location of any existing exposed soil; and the location of any proposed vegetation removal.

(3)

No clear cutting will be permitted.

(4)

An erosion and sedimentation plan satisfactory to the city engineer or city council must be submitted at the time of permit application. This erosion and sedimentation plan must include at least the following: Contour lines that extend a minimum of 100 feet off-site, or sufficient to show on- and off-site drainage; the site's property lines must be shown in true location with respect to topographic information; the locations of proposed excavations and fills, of on-site storage of soil and other earth material, and of on-site disposal; the quantity of soil or earth material in cubic yards to be excavated, filled, stored or otherwise utilized on-site; the proposed location of any utility trenching; the location of all proposed and required erosion and sediment control measures; the location of proposed final surface runoff.

(5)

All erosion and sediment control techniques employed must be in accordance with the slope protection section of the Erosion and Sediment Control Manual, 1989, by Hennepin Conservation District, and/or must be approved by the city engineer prior to issuance of any permit.

(6)

Slope stability information satisfactory to the city engineer or city council must be submitted at the time of permit application.

(7)

If the parcel or lot of record is not serviced by the public sanitary sewer system, and a potential or proposed on-site septic system drainfield site is located within 50 feet of the toe of any conditionally buildable slope, then at the time of permit application such information will be submitted as required by the city engineer to complete a review of the drainfields effect upon the stability of the slope.

Subd. 7.

Storage of materials.

(a)

In all business and industrial districts, open storage of materials in any required front, side or rear yard is prohibited. Any other outside storage will be located or screened with an adequate buffer so as not to be visible from any residence districts.

(b)

In the RDB, R-1, R-2, R-3, R-4, and R-5 residence districts outside storage of materials existing on or after the date of the adoption of this chapter shall be screened. Screening shall be by means of planting buffer screens and/or constructing fencing to height of at least five feet so that the materials are not visible from other properties, public and private streets and lakes, providing that the height and setbacks of the screening shall comply with section 505.07, subdivision 8(c)(5).

(c)

Materials to be screened will include, but will not be limited to, machinery, automobile and vehicular parts, snowplows, tires, railroad ties, pallets, and construction materials which are not being used on the lot on which they are stored or which are being used on the lot but have been stored on the lot for a period exceeding nine months. Materials to be screened will not include trailers of less than 30 feet in length, vehicles, boats, and snowmobiles which are properly licensed and are in operable condition; firewood; lawn furniture; and construction materials which are being used on the lot for a period not to exceed nine months. Materials will not include refuse, sewage, waste, garbage, rubbish, poisonous or injurious substances; dangerous unguarded machinery or equipment; old, unlicensed, wrecked or junked vehicles or machinery; or junk, waste, or other debris; or other nuisances which will be prohibited.

Subd. 8.

Setbacks.

(a)

Front yard setbacks.

(1)

When more than 25 percent of the frontage on the side of the street between intersections is occupied by structures having setbacks from street rights-of-way of a greater or lesser amount than hereinafter required, the average setback of all existing structures between the intersections will be maintained by all new or relocated structures.

(2)

In the event a structure is to be built where there is such an established setback different from that required hereinafter and there are existing structures on both sides of the said new structure, the front setback will not be required to be greater than that which would be established by connecting a straight line between the forward most portions of the first adjacent structure on each side.

(b)

Riparian view shed protection. To preserve the view sheds of riparian property owners, the less restrictive of the following shall establish a secondary lakeshore setback (under no circumstances shall this requirement create a setback less than that which is established within the underlying zoning district);

(1)

A line which is drawn between the two closest riparian principal structures on either side (at the forward most protrusion ** toward the water) of a proposed building addition or new structure; or

(2)

The average setback of the two closest, riparian, principal structures on either side of a proposed building addition or new structure. For purposes of calculating the average, begin measuring at the forward most protrusion** toward the water.

**Protrusion will include any part of the principal structure, such as decks, part of the dwelling unit, porches. Protrusion will not include cement slabs, detached buildings and detached garages.

For the purposes of applying clauses (1) and (2) above, if a proposed building addition or new structure is on a lot that is next to a vacant lot, right-of-way, or a fire lane, use the next available lot in that direction which contains a principal structure.

For purposes of applying clauses (1) and (2) above, if one of the closest riparian principal structures is greater than 200 feet from the structure in question, these sections will not apply.

This section does not apply in the case of four or more contiguous riparian lots in a plat for which final approval was granted by the city after December 31, 2020.

(c)

Exceptions to yard regulations. Measurements for yard regulations will be taken from the nearest point of the wall of a building to a lot line in question, subject to the following qualifications:

(1)

Cornices, canopies, or eaves may extend into:

a.

The required minimum front yard a distance not exceeding four feet, six inches;

b.

Into one-third of the required minimum side yard in the R-2(DB) Douglas Beach single-family resident district.

c.

The required minimum side yard a distance not exceeding 18 inches, inclusive of rain gutters and other such appurtenances, in zoning districts other than the R-2(DB) district.

(2)

Fire escapes may extend into any required yard a distance not exceeding four feet, six inches;

(3)

A landing place or uncovered porch may extend into the required front yard a distance not exceeding six feet, if the landing place or porch has its floor no higher than the entrance floor of the building. An open railing may be placed around such place;

(4)

The architectural features enumerated in clause (c) above, may also extend into any side or rear yard to the same extend, except that:

a.

No porch, terrace, or outside stairway will project into the required side yard;

b.

In the R-2(DB) Douglas Beach single-family residence district, a setback from the side lot lines of at least ten feet on one side and six feet on the other side will be maintained;

(5)

A wall or fence or hedge not to exceed six feet in height may occupy part of the required front, side, or rear yard. A wall or fence or hedge not to exceed four feet in height may occupy part of the required lakeshore yard provided the wall or fence or hedge does not extend closer that ten feet toward the ordinary high water line. Retaining walls are allowable in all yards;

(6)

On double frontage lots, the required front yard will be provided on both streets;

(7)

The required front yard of a corner lot will not contain any wall, fence, or other structure, tree, shrub, or other growth which may cause danger to traffic on a street or public road by obscuring the view;

(8)

The required front yard of a corner lot will be unobstructed above a height of three feet in a triangular area, two sides of which are the lines running along the side street lines between the street intersection and a point 20 feet from the intersection and the third side of which is the line between the latter two points;

(9)

Except in the R-2(DB) Douglas Beach single-family residence district, in determining the depth of a rear or side yard for any building where the rear or side yard opens into an alley, driveway easement or joint driveway, one-half the width of the alley, driveway easement or joint driveway, but not exceeding ten feet, may be considered as a portion of the rear or side yard subject to the following qualifications:

a.

The depth of any rear or side yard will not be reduced to less than 15 feet by the application of this exception;

b.

If the door of any garage or building, used for storage of automobiles, trucks, boats, machinery or similar vehicles opens toward an alley, driveway easement or joint driveway, the building will not be erected or established closer to the rear or side lot line, than a distance of 25 feet;

(10)

The minimum required front yard for nonconforming structures in the A-agriculture and AP-agriculture preservation zoning districts will be the front yard setback of that nonconforming structure as of the date of the adoption of this section, providing that the minimum required front yard, in such a case, will be no less than 35 feet.

(11)

The minimum required front yard for a new farm building on a lot on which there already is a nonconforming farm building will be the front yard setback of the nearest nonconforming farm building on that same lot as of the date of the adoption of this section, providing that the minimum required front yard, in such a case, will be no less than 50 feet.

Subd. 9.

Accessory structures and uses.

(a)

The following uses are permitted in residential and agricultural zoning districts as accessory uses, subject to the terms listed herein and subject to the regulations set forth in the residential zoning districts:

(1)

Accessory structures.

(2)

Guest apartments.

(3)

Guest homes smaller than 1,000 square feet of gross floor area are allowed in the A, AP, and R-1 zoning districts.

(4)

Home occupations, subject to the regulations in this section.

(5)

Privately-owned recreational facilities on a single-family lot (including, but not limited to, pools, tennis courts, playhouses)

(6)

Roof-mounted solar energy systems.

(b)

No accessory structure will be allowed to exist or be constructed on any lot that does not contain a principal structure to which it is accessory, unless an accessory home agreement is entered into and approved by city council.

(c)

Percentage of required rear yard occupied. No accessory structure will occupy more than 30 percent of a required rear yard.

(d)

Swimming pools. Where noncommercial swimming pools are constructed as accessory structures in residence districts, a four-foot-high safety fence with self-closing and self-latching gates or an automatic pool cover is required, except in the AP-agriculture preservation and A-agriculture zoning districts. The automatic pool cover shall meet the standards of F1346-91 of the American Society of Testing and Materials (ASTM), as such standards may be modified, superseded or replaced by ASTM. Fences shall be identified on the survey and submitted with the building permit application. It shall be the responsibility of the building permit applicant and property owner to submit materials ensuring compliance with the ASTM standards for an automatic pool cover prior to the issuance of a building permit. Compliance with the ASTM standards shall be shown with the building permit application for the pool. Any person violating this chapter shall be guilty of a misdemeanor.

(d)

Air conditioning units and electric generators. All air conditioning units excluding window units and generators shall meet the required building setback from lot lines.

(e)

Attached accessory structures. If an accessory structure is attached to the principal structure, it will be made structurally a part of the principal structure and will comply in all respects with the requirements of this section applicable to the principal structure.

(f)

Detached accessory structures. No detached accessory structure of any size shall be located in any lakeshore yard, exceed the height of the principal structure, or be closer than ten feet to the principal structure. An exception to the lakeshore setback will be made if the structure is 120 square feet in size or less and is used entirely for the storage of boating equipment, lawn maintenance supplies, lawn furniture, or other similar uses.

(g)

Guest homes. Where permitted by this code, guest homes shall be subject to the following requirements:

(1)

The lot must contain an existing conforming single-family dwelling unit.

(2)

The guest home must be completely detached from the primary residence.

(3)

The guest home must conform to accessory structure setbacks, lot coverage and all other requirements set forth by the city code that are applicable to primary residential dwellings in the zoning district in which the property is located.

(4)

The height of the guest home must not exceed 25 feet.

(5)

The roof pitch, architectural design, and exterior materials and colors of the guest home shall be consistent with the primary residence, and the appearance of the guest home shall be that of a single-family dwelling unit.

(6)

The driveway to the primary residence must be used to access the guest home. No additional driveway or curb cut will be permitted.

(7)

A guest home may have an attached garage. The attached garage shall count towards the total allowed square footage of the guest home with the exception for guest homes that are located in agricultural zoning districts.

(8)

The guest home shall have a separate address from the primary residence.

(9)

The guest home must be served by the same electrical, water, and gas meters that serve the primary residence. A separate individual sewage treatment system is permitted if required by the county or other permitting authority.

(10)

Any riparian rights belong to the primary residence on the property. No additional boat slips will be permitted for the guest home.

(11)

No guest home shall be sold or conveyed separate from the primary residence.

(12)

A conditional use permit is required for guest homes that have a gross floor area of more than 1,000 square feet or square footage that is 30 percent or more of the primary residence's footprint, whichever is less.

(h)

Guest apartments. Where permitted by this code, guest apartments shall be subject to the following requirements:

(1)

There shall be at least one access door to the guest apartment from within the principal residence, and such door shall be the primary access to the apartment.

(2)

The driveway to the primary residence must be used to access the guest apartment. No additional driveway or curb cut will be permitted.

(3)

Any riparian rights belong to the primary residence on the property. No additional boat slips will be permitted for the guest apartment.

(4)

The rental of a guest apartment is prohibited. No guest apartment shall be conveyed separate from the primary residence.

(5)

The guest apartment and the primary residence must have the same address.

(6)

The guest apartment must be served by the same electrical, water and gas meters that serve the primary residence.

Subd. 10.

Home occupations.

(a)

Definitions.

Day care facilities means a facility licensed by the state or county, public or private, which, for gain or otherwise, regularly provides care of one or more children on a regular basis, for periods of less than 24 hours per day, in a place other than the child's own home.

Family means any number of individuals related by blood, legal adoption or marriage, or three or less unrelated individuals living together on the premises or in a single housekeeping unit, as distinguished from a group occupying a boarding house, lodging house or hotel as herein described.

Gross vehicle weight (GVW) means the combined weight of a vehicle and its load.

Home occupation means any gainful occupation or profession engaged in by the legal resident of a dwelling, at or from the dwelling, or from an accessory building. All home occupations belong to one of the following four categories:

(1)

Not allowed;

(2)

Allowed home occupation. A business that meets all requirements and standards of city code that does not require a permit;

(3)

Specially permitted home occupation. A business that meets all requirements and standards of city code and requires an administrative permit;

(4)

Conditional home occupation. A business that meets all requirements and standards of city code and requires approval by the city council.

(b)

Application. All home occupations will meet the requirements and standards established by this section.

(c)

Exempted home occupations. Day care home facilities that are licensed by the state are considered allowed home occupations, and must only comply with the general standards as outlined in (d) below.

(d)

General standards for all home occupations. All home occupations within the city will comply with the following general provisions:

(1)

All home occupations will comply with the provisions of the city code;

(2)

The number of employees will be limited to one person in addition to family;

(3)

Excluding exempted home occupations; the area within a dwelling/accessory structure used by a home occupation will not exceed 20 percent of the dwelling's livable floor area, or 20 percent of any accessory structure. Accessory structures in agricultural or agricultural preserve zoning districts are not subject to this requirement;

(4)

All home occupations will be clearly incidental and secondary to the residential use of the premises;

(5)

On-site sales will be prohibited, except those incidental to services provided by the home occupation. Sales events such as Tupperware, cosmetics, or other nonscheduled product sales will be exempt from this provision;

(6)

The area used for the home occupation will meet all applicable fire and building codes;

(7)

No home occupation will require internal or external alterations or involve construction features not customarily found in dwellings except where required to comply with local and state fire and police recommendations;

(8)

Only one sign will be permitted for attachment to the entrance of the dwelling or, in the case of a rural home occupation, it may be attached to an accessory structure. Such sign will be non-illuminated and meet all respective sign regulations as outlined by the city code;

(9)

Other than the allowed sign, there will be no exterior evidence visible from public roads or adjacent parcels of the home occupation, including but not limited to storage of material, equipment, supplies, garbage dumpsters;

(10)

Unless granted by permit, vehicles associated with the home occupation will be limited to one vehicle not to exceed 12,000 gross vehicle weight (GVW). The vehicle will be parked in a garage, or screened, or parked 200 feet from the right-of-way if the name of the home occupation or advertising appears on the vehicle;

(11)

Unusual parking and traffic patterns will not be generated beyond that which is reasonable and normally found in the neighborhood, and in no case will customer vehicles be parked on public or private roads (exempted business customers may park on-street for the purposes of pick-up/drop-off only, for a period not to exceed ten minutes); and,

(12)

Adequate off-street parking based on the number of customers per day will be provided and be screened on all sides.

(e)

Allowed home occupations. A home occupation meeting all of the requirements of subsection (d) above as well as the following criteria will be an allowed home occupation and may be conducted without a permit:

(1)

No customer visits to the premises will be permitted;

(2)

No deliveries other than those routinely made in a residential district (U.S. Mail, United Parcel Service, etc.) will be permitted;

(3)

An allowed home occupation will not include work staging areas or employees reporting to the home occupation site to receive work assignments and working elsewhere.

Complaints made to the city regarding allowed home occupations will be reviewed by the city council at the next available meeting.

(f)

Special home occupation-administrative permit. This permit may be issued by the city staff based upon proof of compliance with the provisions of this section. Application for the permit will be submitted to the city with an associated fee as established by the city council. Prior to issuance of the permit, a notice of intent will be sent to all property owners within 500 feet of the applicant's property. The notice will request that written comments be forwarded to the city within ten days of the date of the notice. If no objections are raised, the permit will be issued upon expiration of the comment period. If objections are received, the issue will be noticed and public hearing held at the next available planning commission meeting. The planning commission will forward a recommendation to the city council for review at the next available council meeting to allow or deny the permit.

A home occupation meeting all of the requirements of (d) above as well as the following criteria will be a special home occupation and may be eligible for an administrative permit:

(1)

Services may be provided to customers on site provided no more than two additional parking stalls are necessary for customer parking and the spaces will be provided on the lot. The home occupation will not add more than ten daily, nonresidential vehicle trips to or from the property;

(2)

Vehicles associated with the home occupation will be limited to one vehicle not to exceed 26,000 gross vehicle weight (GVW). The vehicle will be parked in a garage, or screened, or parked 200 feet from the right-of-way if the name of the home occupation or advertising appears on the vehicle. These larger vehicles may be allowed after consideration of the vehicle size in relation to the intended use, the road surface, the character of the neighborhood, number of vehicle trips, and any other relevant matters;

(3)

A special home occupation will not include work staging areas or employees reporting to the home occupation site to receive work assignments and working elsewhere;

(4)

Site visits, deliveries, etc. are limited to the hours of 7:00 a.m. to 7:00 p.m.

Complaints made to the city regarding special home occupations will be reviewed by the city council at the next available meeting.

(5)

Conditional home occupation. C.U.P. required. A home occupation not meeting all of the requirements in (e) or (f) may be a conditional home occupation provided a conditional use permit (CUP) is issued by the city council. A conditional use permit will be processed pursuant to section 505.05, subdivision 7 of this code.

Subd. 11.

Off-street parking.

(a)

Scope. Off-street parking and loading regulations will apply to all buildings and uses of land established after the effective date of this section.

(b)

Required site plan. Any application for a building permit or for a certificate of occupancy will include a site plan or plot plan drawn to scale and dimensioned showing off-street parking and loading space to be provided in compliance with this section.

(c)

Minimum size. Each parking space will contain a minimum area of not less than 300 square feet including access drives, a width of not less than ten feet and a depth of not less than 20 feet. Each space will be adequately served by access drives. All loading spaces will be sufficient to meet the requirements of each use and will provide adequate space for storage and maneuvering of the vehicles it is designed to serve.

(d)

Reduction and use of space. Off-street parking facilities existing at the effective date of this section will not subsequently be reduced to an amount less than that required under this section for a similar new building or use. Off-street parking facilities provided to comply with the provisions of this section will not subsequently be reduced below the requirements of this section. Such required parking or loading space will not be used for storage of goods or for storage vehicles that are inoperable or for sale or rent.

(e)

Computing requirements. In computing the number of parking spaces required, the following rules will apply:

(1)

Floor space will mean the gross floor area of the specific use;

(2)

Where fractional spaces result, the parking spaces required will be construed to be the nearest whole number.

(f)

Yards. Off-street parking and loading facilities will be subject to the front yard, side yard and rear yard regulations for the use district in which the parking is located, except that:

(1)

In any of the residence districts parking or loading space may be located within 15 feet of any property line;

(2)

In a C-1 district no parking or loading space will be located within 20 feet of any property line;

(3)

In a C-2 district no parking or loading space will be located within 15 feet of any property line nor will any parking space be located within 30 feet of any residence district;

(4)

In a C-3 district no parking or loading space will be located within 20 feet of any property line;

(5)

In an I-1 district, no parking or loading space will be located in any front yard or in any side yard or rear yard that abuts any of the residence district, and in no instance will parking or loading space be located within 15 feet of a side or rear property line, except for railroad loading areas, except in the case of parking space which abuts parking space on the adjoining property in which case no setback will be required.

(g)

Buffer fences and planting screens. Off-street parking and loading areas in, near or adjoining residence districts, except areas serving single-family dwellings, will be screened by a buffer fence of adequate design or a planting buffer screen. Plans of such screen or fence will be submitted for approval as a part of the required site or plot plan and such fence or landscaping will be installed as part of the initial construction.

(h)

Access.

(1)

Parking and loading space shall have adequate access from a public right-of-way.

(2)

The number and width of access drives shall be so located as to minimize traffic congestion and abnormal traffic hazard, and no driveway in the R-4, R-5 districts or in any business and industrial district shall be closer than 50 feet to any right-of-way line of a street intersection. In the RDB, R-1, R-2, and R-3 districts the minimum distance shall be 20 feet.

(3)

In C-1, C-2 and C-3 districts, direct access will be provided to an arterial as shown on the adopted city transportation plan or to a related service road.

(i)

Location of parking facilities. Required off-street parking space will be provided either on the same lot or adjacent lots as the principal building or use is located.

(j)

Combined facilities. Combined or joint parking facilities may be provided for one or more buildings or uses provided that the total number of spaces will be determined as provided in subdivision 13 below.

(k)

Construction and maintenance.

(1)

In R-3, R-4 and R-5 districts, and all business and industrial districts, parking areas and access drives will be covered with a dust-free all-weather surface with proper surface drainage as required by the city engineer.

(2)

The operator of the principal building or use will maintain parking and loading areas, access drives, and yard areas in a neat and adequate manner.

(l)

Lighting. Light of parking and loading spaces will be indirect or diffused and will not be directed upon the public right-of-way and nearby or adjacent properties.

(m)

Truck or bus parking in residence districts. Off-street parking of trucks or buses with a gross weight of more than four and one-half tons, except for deliveries and unloading will be prohibited in all residence districts except AP-agriculture preservation and A-agriculture zoning districts.

(n)

Required number of off-street parking spaces.

(1)

Off-street parking areas of sufficient size to provide parking for patrons, customers, suppliers, visitors, and employees will be provided on the premises of each use. Table 1 designates the minimum number of parking and loading spaces that are required to be provided and maintained at the time any new use or structure is occupied, or any existing use or structure is enlarged or increased in capacity.

(2)

For uses not specifically listed in this section, uses for which a specific number of spaces have not been defined or for joint parking facilities serving two or more different uses, the planning commission will determine the number of spaces to be required by utilizing the requirements of the most similar use listed below.

Schedule of Required Off-Street Parking and Loading Spaces

Subd. 12.

Residential building design standards.

(a)

Purpose. The standards in this section are intended to promote variety, diversity, lifestyle (rural, suburban and lakeshore) and means for pedestrian movements in residential development in keeping with the character of the city. No building permit, as referenced in subsection 400.03 of this code, will be issued by the city unless the requirements of this subsection have been met.

(b)

Housing model variety. The following standards apply to single-family detached dwelling units, two-family dwellings and townhouses.

(1)

Any new development of ten or more single-family detached, single-family attached in groups of two, or two-family detached dwelling units will have at least four different types of housing models (i.e. ramblers, split, colonial, victorian, bungalows, craftsman, contemporary and et cetera).

(2)

Each housing model will have at least three variations with differing characteristics which clearly and obviously distinguish it from the other housing models, including different floor plans, exterior materials, roof lines, garage placement, and/or building face.

(3)

The requirements provided in clauses (a) and (b) above will not apply to a building permit for new structures or expansions of single-family or two-family dwellings on lots created pursuant to the zoning district and land use regulations in effect on or before June 17, 2002.

(4)

Except for planned unit developments and cluster developments, the requirements provided in clauses (a) and (b) above will not apply to a building permit of single-family or two-family dwellings on land located within the agriculture preservation district and agriculture district created pursuant to the zoning district and land use regulations.

(c)

Relationship of dwellings to streets and parking. The following standards apply to all residential buildings.

(1)

Orientation to a connecting walkway. Every front facade with a primary entrance to a dwelling unit shall face the adjacent street to the extent reasonably practicable, with no primary entrance more than 300 feet from a street pedestrian way/trail or sidewalk.

(2)

If a multiple-family building has more than one front facade, and if one of the front facades faces and opens directly onto a street pedestrian way/trail or sidewalk, the primary entrances located on the other front facade(s) need not face a street pedestrian way/trail, sidewalk or connecting walkway.

(d)

Garage doors. The following standards apply to single-family detached dwelling units, two-family dwellings and townhouses. To prevent residential streetscapes from being dominated by protruding garage doors, and to allow the active, visually interesting features of the house to dominate the streetscape, the following standards shall apply:

(1)

Street-facing garage doors must be recessed behind either the front facade of the ground floor living area portion of the dwelling or a covered porch (measuring at least six feet by eight feet) by at least four feet. Any street-facing garage doors that are recessed behind a covered porch may not protrude forward from the front facade of the living area portion of the dwelling by more than eight feet.

(2)

Garage doors may be located on another side of the dwelling ("side- or rear-loaded") provided that the side of the garage facing the front street has windows or other architectural details that mimic the features of the living portion of the dwelling.

(3)

Garages will not comprise more than 55 percent of the ground floor street-facing linear building frontage. This standard is based on a measurement of the entire garage structure, and not on a measurement of the garage door or doors only. Alleys and corner lots are exempt from this standard.

(4)

The requirements provided in subparagraphs (a) through (c) above shall not apply to a building permit for expansions of single-family or two-family dwellings on lots created pursuant to the zone district and land use regulations in effect on or before June 17, 2002.

(5)

Except for planned unit developments and cluster developments, the requirements provided in subparagraphs (1) through (3) above shall not apply to a building permit for new structures or expansions of single-family or two-family dwellings on land located within the Agriculture preservation district and Agriculture district created pursuant to the zoning district and land use regulations.

(e)

Rear walls of multiple family garages. The following standards apply to multiple family dwellings. To add visual interest and avoid the effect of a long blank wall with no relation to human size, accessibility needs or internal divisions within the building, the following standards for minimum wall articulation will apply:

(1)

Perimeter garages.

a.

Length. Any garage located with its rear wall along the perimeter of the property and within 65 feet of a public right-of-way or the property line of the development site will not exceed 55 feet in length. A minimum of seven feet of landscaping must be provided between any two such perimeter garages.

b.

Articulation. No rear garage wall that faces a street or adjacent development will exceed 30 feet in length without including at least one of the following in at least two locations:

1.

Change in wall plane of at least six inches,

2.

Change in material or masonry pattern,

3.

Change in roof plane,

4.

Windows,

5.

Doorways,

6.

False door or window openings defined by frames, sills and lintels, or

7.

An equivalent vertical element that subdivides the wall into proportions related to human scale and/or the internal divisions within the building.

(2)

All garages.

a.

Access doors. Rear doorways will be provided as reasonably necessary to allow direct access to living units without requiring people to walk around the garage to access their living units.

b.

Articulation. At a minimum, a vertical trim detail that subdivides the overall siding pattern will be provided at intervals not to exceed two internal parking stalls (approximately 20 to 24 feet). In addition, the articulation described in clause (1) (ii) above is encouraged but will not be required.

(f)

Design standards for multiple family dwellings containing six or more dwelling units. Each multiple family building containing six or more dwelling units will feature a variety of massing proportions, wall plane proportions, roof proportions and other characteristics similar in scale to those of single-family detached dwelling units, so that such larger buildings can be aesthetically integrated into a lower density neighborhood. The following specific standards will also apply to such multiple family dwellings:

(1)

Roofs. Each multiple family building will feature a combination of primary and secondary roofs. Primary roofs will be articulated by at least one of the following elements:

a.

Changes in plane and elevation.

b.

Dormers, gables or clerestories.

c.

Transitions to secondary roofs over entrances, garages, porches, bay windows.

(2)

Facades and walls. Each multiple family dwelling will be articulated with projections, recesses, covered doorways, balconies, covered box or bay windows or other similar features, dividing large facades and walls into human-scaled proportions similar to the adjacent single-family dwellings, and will not have repetitive, monotonous, undifferentiated wall planes. Each multiple family building will feature walls that are articulated by at least two of any of the following elements within every 36 foot length of the facade:

a.

Recesses, projections or significant offsets in the wall plane.

b.

Distinct individualized entrances with functional porches or patios.

c.

Chimneys made of masonry, or other contrasting material that projects from the wall plan.

d.

Balconies.

e.

Covered bay or box windows.

(3)

Variation among repeated buildings. For any development containing at least 24 and not more than 48 dwelling units, there will be at least two distinctly different building designs. For any such development containing more than 48 dwelling units, there will be at least three distinctly different building designs. For all developments, there will be no more than two similar buildings placed next to each other along a street or major walkway spine.

Distinctly different building designs will provide significant variation in footprint size and shape, architectural elevations and entrance features, within a coordinated overall theme of roof forms, massing proportions and other characteristics. To meet this standard such variation will not consist solely of different combinations of the same building features.

(4)

Color. Each multiple family building will feature a broad array of colors, including earth tones, muted natural colors found in the surrounding landscape or other colors consistent with the adjacent neighborhood. For all developments, there will be no more than two similarly-colored structures placed next to each other along a street or major walkway spine.

(5)

Garages. No street-facing facade will contain more than three garage bays.

(g)

An applicant for approval of a residential development containing ten or more units must, prior to final plat or other plan approval, submit the following:

(1)

Colored illustrative site plan showing all buildings, driveways, parking areas, access points and adjacent public or private streets;

(2)

Colored architectural rendering/perspective sketch;

(3)

Colored building elevations with dimensions (one-eighth-inch scale minimum);

(4)

Partial, enlarged, colored building elevation (one-half-inch scale minimum);

(5)

Samples of exterior colors and materials;

(6)

Building floor plans;

(7)

Colored building elevations showing proposed buildings as viewed from surrounding properties;

(8)

Plan with dimensions depicting proposed garages;

(9)

Landscape plan; and

(10)

Other items required by the city council to ensure compliance with this subsection.

The above-listed items shall be subject to the review process set forth in section 505.05, subdivision 6.

(h)

Waiver.

(1)

An applicant subject to this subsection may request a waiver of the requirements in this subsection. A waiver request must be in writing to city staff and must include information responding to the following factors for the city council's consideration:

a.

The nature and significance of the waiver;

b.

Whether the waiver is the minimum necessary to overcome the practical difficulty;

c.

Whether the protection of environmental and other sensitive features have been addressed;

d.

The effect on adjacent properties;

e.

Whether the waiver will enhance or impair good planning for the area; and

f.

Such other factors as the council deems relevant under the circumstances.

(2)

Financial considerations alone shall not be sufficient to justify a waiver.

(3)

The city council may grant a waiver from any requirements of this subsection based upon its review of the information submitted by the owner or developer and if the council determines that:

a.

The configuration of the lot or other existing physical condition of the lot makes the application of these standards impractical; or

b.

The proposed design otherwise substantially meets the intent of this code to line streets with active living spaces, create pedestrian-oriented streetscapes and provide variety and visual interest in the exterior design of residential buildings.

(4)

In granting a waiver, the city council may impose such conditions or requirements as it deems reasonably necessary to protect the public health, safety or welfare.

Subd. 13.

Mixed-use, institutional and commercial design standards.

(a)

Purpose. These standards are intended to promote the design of an urban environment that is built to human scale to encourage functional street fronts and other connecting walkways that accommodate pedestrians as the first priority, while also accommodating vehicular movement. No building permit, as referenced in subsection 400.03 of this code, will be issued by the city unless the requirements of this subsection have been met.

(b)

Relationship of buildings to streets, walkways and parking.

(1)

Orientation to a connecting walkway. At least one main entrance of any commercial or mixed-use building will face and open directly onto a connecting walkway with pedestrian frontage. Any building which has only vehicle bays and/or service doors for intermittent/infrequent nonpublic access to equipment, storage or similar rooms (e.g. self-serve car washes and self-serve mini-storage warehouses) will be exempt from this standard. See Figure 10.

(2)

Orientation to build-to lines for streetfront buildings. Build-to lines based on a consistent relationship of buildings to the street sidewalk will be established by development projects for new buildings and, to the extent reasonably feasible, by development projects for additions or modifications of existing buildings, in order to form visually continuous, pedestrian-oriented streetfronts with no vehicle use area between building faces and the street.

a.

To establish "build-to" lines, buildings will be located and designed to align or approximately align with any previously established building/sidewalk relationships that are consistent with this standard. Accordingly, at least 30 percent of the total length of the building along the street will be extended to the build-to line area. If a parcel, lot or tract has multiple streets, then the building will be built to at least two of them according to subsections b. through d. below, i.e. to a street corner. If there is a choice of two or more corners, then the building will be built to the corner that is projected to have the most pedestrian activity associated with the building.

b.

Buildings will be located no more than 15 feet from the right-of-way of an adjoining street if the street is smaller than a collector or has on-street parking.

c.

Buildings will be located at least ten and no more than 25 feet behind the street right-of-way of an adjoining street that is larger than a collector that does not have on-street parking.

d.

Exceptions to the build-to line standards will be permitted:

1.

In order to form an outdoor space such as a plaza, courtyard, patio or garden between a building and the sidewalk. Such a larger front yard area will have landscaping, low walls, fencing or railings, a tree canopy and/or other similar site improvements along the sidewalk designed for pedestrian interest, comfort and visual continuity.

2.

If the building is adjacent to a collector street, and the city has determined that an alternative to the street sidewalk better serves the purpose of connecting commercial destinations due to one or more of the following constraints:

i.

High volume and/or speed of traffic on the adjacent street(s)

ii.

Landform.

iii.

An established pattern of existing buildings that makes a pedestrian oriented streetfront infeasible.

Such an alternative to the street sidewalk must include a connecting walkway(s) and may include internal walkways or other directly connecting outdoor spaces such as plazas, courtyards, squares or gardens.

3.

In the case of large retail establishments, supermarkets or other anchor-tenant buildings that face internal connecting walkways with pedestrian frontage in a development that includes additional outlying buildings adjacent to the street(s).

4.

If a larger or otherwise noncompliant front yard area is required by the city to continue an established drainage channel or access drive, or other easement.

(c)

Variation in massing. A single, large, dominant building mass will be avoided in new buildings and, to the extent reasonably feasible, in development projects involving changes to the mass of existing buildings.

(1)

Horizontal masses will not exceed a height: width ratio of 1:3 without substantial variation in massing that includes a change in height and a projecting or recessed elements.

(2)

Changes in mass will be related to entrances, the integral structure and/or the organization of interior spaces and activities and not merely for cosmetic effect. False fronts or parapets create an insubstantial appearance and are prohibited.

(d)

Character and image. In new buildings and, to the extent reasonably feasible, in development projects involving changes to existing building walls, facades or awnings (as applicable), the following standards will apply:

(1)

Site-specific design. Building design will contribute to the uniqueness of a zone district, and/or the Minnetrista community with predominant materials, elements, features, color range and activity areas tailored specifically to the site and its context. In the case of a multiple building development, each individual building will include predominant characteristics shared by all buildings in the development so that the development forms a cohesive place within the zone district or community. A standardized prototype design will be modified if necessary to meet the provisions of this code.

(2)

Facade treatment. Minimum wall articulation. Building bays will be a maximum of 30 feet in width. Bays will be visually established by architectural features such as columns, ribs or pilasters, piers and fenestration pattern. In order to add architectural interest and variety and avoid the effect of a single, long or massive wall with no relation to human size, the following additional standards will apply:

a.

No wall that faces a street or connecting walkway will have a blank, uninterrupted length exceeding 30 feet without including at least two of the following: Change in plane, change in texture or masonry pattern, windows, treillage with vines, or an equivalent element that subdivides the wall into human scale proportions.

b.

Side or rear walls that face walkways may include false windows defined by frames, sills and lintels, or similarly proportioned modulations of the wall, only when actual doors and windows are not feasible because of the nature of the use of the building.

c.

All sides of the building will include materials and design characteristics consistent with those on the front. Use of inferior or lesser quality materials for side or rear facades will be prohibited.

(3)

Facades. Facades that face streets or connecting pedestrian frontage will be subdivided and proportioned using features such as windows, entrances, arcades, arbors, awnings, treillage with vines, along no less than 50 percent of the facade.

(4)

Entrances. Primary building entrances will be clearly defined and recessed or framed by a sheltering element such as an awning, arcade or portico in order to provide shelter from the summer sun and winter weather.

(5)

Awnings. Awnings will be no longer than a single storefront.

(6)

Base and top treatments. All facades will have:

a.

A recognizable "base" consisting of (but not limited to):

1.

Thicker walls, ledges or sills;

2.

Integrally textured materials such as stone or other masonry;

3.

Integrally colored and patterned materials such as smooth-finished stone or tile;

4.

Lighter or darker colored materials, mullions or panels; or

5.

Planters.

b.

A recognizable "top" consisting of (but not limited to):

1.

Cornice treatments, other than just colored "stripes" or "bands," with integrally textured materials such as stone or other masonry or differently colored materials;

2.

Sloping roof with overhangs and brackets;

3.

Stepped parapets.

(7)

Encroachments. Special architectural features, such as bay windows, decorative roofs and entry features may project up to three feet into street rights-of-way, provided that they are not less than nine feet above the sidewalk. Trellises, canopies and fabric awnings may project up to five feet into front setbacks and public rights-of-way, provided that they are not less than eight feet above the sidewalk. No such improvements will encroach into alley rights-of-way.

Subd. 14.

Performance standards in nonresidential districts.

(a)

Intent. It is the intent of this subdivision to provide that commercial, industrial and related activities will be established and maintained with proper appearance from streets and adjoining properties and to provide that such use will be a good neighbor to adjoining properties by the control of the items regulated in this section.

(b)

Standards.

(1)

Landscaping. All required yards will either be open landscaped and green areas or be left in a natural state. If any yards are to be landscaped, they will be landscaped attractively with lawn, trees, shrubs, and similar vegetation within one year after issuance of the certificate of occupancy. All areas will be properly maintained in a sightly and well-kept condition. Yards adjoining all residence districts will be landscaped with buffer planting screens. Plans of such screens will be submitted for approval as a part of the site plan and installed prior to issuance of a certificate of occupancy for any tract in the district.

(2)

Glare. Whether direct or reflected glare, such as from floodlights or high temperature processes and as differentiated from general illumination, will not be visible at any property line.

(3)

Exterior lighting. Any lights used for exterior illumination will direct light away from adjoining properties.

(4)

Vibration. Vibration will not be discernible at any property line to the human sense of feeling for three minutes or more duration in any one hour. Vibration of any kind will not produce at any time an acceleration of more than 0.1 gravities or will result in any combination of amplitudes and frequencies beyond the "safe" range of Table VII United States Bureau of Mines Bulletin No. 442, Seismic Effects of Quarry Blasting, on any structure. The methods and equations of said Bulletin No. 442 will be used to compute all values for the enforcement of this provision. Said bulletin is incorporated herein by reference.

(5)

Odors, smoke, dust, fumes, water and waste. The design, construction and performance of all nonresidential uses will be in conformance with city, county and state standards and regulations.

(c)

Compliance. In order to ensure compliance with the performance standards set forth above, the city council may require the owner or operator of any use to have made such investigations and tests as may be required to show adherence to the performance standards. Such investigation and tests as are required to be made will be carried out by an independent testing organization as may be selected by the city. The costs incurred in such investigation or testing will be ordered by the owner or operator and shared equally by the owner or operator and the city unless the investigation and tests disclose noncompliance with the performance standards; in which situation the investigation and testing will be paid by the owner or operator.

Subd. 15.

Dwellings and manufactured single-family dwellings.

(a)

All dwellings and manufactured single-family dwellings constructed or established after the adoption of this section will meet the following criteria, except for manufactured single-family dwellings in mobile home parks.

(1)

The dwelling and manufactured single-family dwelling will be placed on and secured to a permanent foundation of concrete, masonry, or treated wood;

(2)

The dwelling and manufactured single-family dwelling will have a minimum length and width of 20 feet at all points, providing that such measurements will not include overhangs and other projections beyond the principal exterior walls;

(3)

The dwelling and manufactured single-family dwelling will include an attached or detached private garage on the lot;

(4)

The dwelling will comply with the state building code and the manufactured single-family dwelling will comply with Minn. Stats. §§ 327.31 to 327.35.

Subd. 16.

Sober houses.

(a)

It is the policy of the city, pursuant to the Federal Fair Housing Amendments Act of 1988, to provide reasonable accommodation in the application of its zoning regulations for persons with a disability seeking fair and equal access to housing. Reasonable accommodation means providing persons with a disability or a developer of housing for persons with a disability flexibility in the application of zoning regulations or policies, including the modification or waiver of certain requirements, when necessary to eliminate barriers to housing opportunities. The purpose of this subdivision is to establish a process for making and acting upon requests for reasonable accommodation.

(b)

Any person who requests reasonable accommodation in the application of a zoning regulation which may act as a barrier to fair housing opportunities due to the disability of existing or proposed residents may do so on an application form provided by the community development director. "Person" includes any individual with a disability, his or her representative or a developer or provider of housing for persons with a disability. The application shall include a detailed explanation of why the accommodation is reasonably necessary to make the specific housing available to the person(s), information establishing that the existing or proposed residents are disabled under applicable laws, and other information reasonably required by the community development director to evaluate the request. If the project for which the accommodation request is being made also requires additional land use reviews or approvals, the applicant shall file the accommodation request concurrently with the additional land use reviews.

(c)

The community development director shall review the accommodation request and make a recommendation to the city council. The request shall be evaluated under the following factors:

(1)

Whether there is a qualifying disability;

(2)

Whether the request is needed to allow a disabled person equal opportunity to use and enjoy a dwelling or to live in a particular neighborhood as a person without disabilities;

(3)

Whether the request is reasonable, considering the potential impact on surrounding uses, the extent to which the accommodation meets the stated need, and other alternatives that may meet that need;

(4)

The number, nature and extent of the requested accommodation in relation to the physical limitations of the building and site;

(5)

Whether the request would constitute a fundamental alteration of the city's regulations, policies, or procedures;

(6)

Whether the request would impose an undue financial or administrative burden on the city; and

(7)

Any other factor that may have a bearing on the request.

The community development director's recommendation of approval may include conditions reasonably necessary to ensure that the facility does not constitute a fundamental alteration of the city's regulations, policies or procedures or impose an undue financial or administrative burden on the city.

(d)

No sober house shall be located within 1,320 feet of another sober house, as measured from the property lines closest to another.

(e)

The city council shall consider the request following receipt of the recommendation of the community development director. Notice of the meeting at which the city council will evaluate the request shall be mailed at least ten days before the meeting to the owners of all properties located within 500 feet of the property subject to the request.

(f)

An approved accommodation is granted only to an applicant and does not run with the land unless the city determines that the accommodation is physically integrated into the residential structure and cannot easily be removed or altered or the accommodation is to be used by another individual with a disability.

(g)

If a facility is established following approval by the city an accommodation, the city may review the matter on its own initiative or upon receipt of credible complaints regarding the operation of the facility. The accommodation may be modified or revoked if the city determines that the conditions of approval have been materially violated or the facility is otherwise operating in such a manner that the accommodation is no longer reasonable or no longer needed to prevent barriers to fair housing opportunities to persons with disabilities. Reviews under this subsection shall be conducted by the community development director and, if a modification or revocation is recommended, considered by the city council as provided for with regard to initial applications.

Subd. 17.

Temporary family health care dwellings. Pursuant to authority granted by Minn. Stats. § 462.3593, subdivision 9, the City of Minnetrista opts-out of the requirements of Minn. Stats. § 462.3593, which defines and regulates temporary family health care dwellings.

Subd. 18.

Short-term rentals.

(a)

Definitions. In addition to the definitions contained in section 505.01 of this code., the following definitions shall apply to this subdivision.

(1)

Operator means the person or enterprise, or its agent, who is the owner of a dwelling, which is being offered for rent to transients, whether such person's ownership interest in the property is as the owner, lessor, lessee, sub-lessee, mortgagee-in-possession, licensee, or any other interest. Where the operator performs their functions through a rental agent, the managing agency or the rental agent has the same duties as the operator hereunder.

(2)

Rent means the compensation, in money or other consideration, given in exchange for the occupancy, use, or possession of real property which is charged, whether or not received, of property.

(3)

Short-term rental means any temporary occupancy of a dwelling that is offered for rent to a transient for fewer than 30 consecutive calendar days.

(4)

Transient means any person who, at their own expense or at the expense of another, exercises occupancy or possession, or is entitled to occupancy or possession, by reason of any rental agreement, whether in writing or otherwise, concession, permit, right-of-access, option to purchase, license, time-sharing arrangement, or any other type of agreement for a period of fewer than 30 consecutive calendar days.

(b)

Short-term rentals prohibited.

(1)

Purpose. The city finds that short-term rentals constitute a commercial use of residential property, which conflict with the fundamental character of residential zoning districts, disrupt the residential character of neighborhoods, and have a negative impact on the livability of residential neighborhoods. The city further finds that, while short term rentals are prohibited under the current provisions contained in the city Code, an ordinance amendment clarifying those regulations is necessary. The city has received complaints from residents regarding short-term rentals, including but not limited to complaints related to noise, over-occupancy, and illegal parking. To ensure adequate housing options for residents, preserve the residential character of the city's residential districts, preserve property values, and reduce land use conflicts, the city determines, in furtherance of the public health, safety and general welfare, that it is necessary to limit short-term rentals to hotels, motels, lodging establishments, and similar accommodations which are appropriately licensed, zoned, and which have the appropriate infrastructure and services for such short-term use.

(2)

Prohibition. Short-term rental of any dwelling to a transient for less than 30 consecutive calendar days in a residential zoning district is prohibited. State licensed hotels, motels, and lodging establishments located in areas where permitted by the city's land use regulations are allowed, pursuant to all applicable law and rules.

(3)

Enforcement.

a.

An owner, operator, tenant, or occupant of any building or property in violation of the provisions of this section may be charged and found guilty of a misdemeanor and may be held responsible for the cost of enforcement in addition to penalties.

b.

The city may exercise any and all remedies at law or in equity to ensure compliance with this section. All unpaid costs, charges and penalties may be certified as a special assessment levy against the property.

c.

The city hereby further declares the short-term rental of a dwelling may constitute a public nuisance pursuant to section 1510.07 of the Minnetrista City Code. The city may take actions to abate such nuisance pursuant to section 1510 of the Minnetrista City Code and applicable state law.

(c)

Implementation. In an effort to minimize the disruption of the adoption of this chapter, the city shall not take any enforcement actions related to short-term rentals until December 31, 2018.

Subd. 19.

Cannabis and hemp businesses.

(a)

General provisions. Cannabis businesses and hemp businesses as defined in this chapter shall be subject to the following general provisions:

(1)

Cannabis businesses must comply with the minimum distance requirements:

a.

500 feet from an attraction with a park feature;

b.

500 feet from a day care;

c.

500 feet from a residential treatment facility; and

d.

1,000 feet from a school.

(2)

Cannabis businesses and hemp businesses are not permitted as home occupations.

(3)

The buffers in section 1415.11 (a) will be measured from the proposed business location based on the location of schools, day cares, residential treatment facilities, and park features on the date the city receives the request from the OCM for certification pursuant to City Code, section 1415.03. Buffer distances will be measured from the shortest line between the property boundary of the cannabis business and the property line of a school, day care, or residential treatment facility and the boundary of a park feature.

(4)

Nothing in this section shall prohibit a cannabis business from continuing to operate at the same location if a school, day care, residential treatment facility, or park feature establishes within the buffer.

(5)

A cannabis cultivation business in the agriculture or agriculture preserve zoning districts may only operate on a parcel of land that is 50 acres or greater in size.

(Revised 02/04/2008, Ordinance 319; Revised 07/18/2016; Ordinance 438; Revised 05/01/2017; Ordinance 439; Revised 08/15/2016; Ordinance 440; Revised 05/21/2018; Ordinance 453; Revised 10/04/2021; Ordinance 470; Ord. No. 496, § 3, 2-3-2025)

Subd. 1.

Purpose and intent. The purpose of this section is to establish reasonable and balanced regulations for the siting and screening of wireless telecommunications equipment in order to accommodate the growth of wireless telecommunication systems within the city while protecting the public against any adverse impacts on the city's aesthetic resources and public welfare.

The regulations and requirements of this section are intended to:

(a)

Provide for the appropriate location and development of communication towers to serve the residents and businesses in the city;

(b)

Minimize adverse visual effects of towers through careful design, siting, and vegetative screening;

(c)

Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures;

(d)

Maximize use of any new or existing telecommunication tower to reduce the number of towers needed;

(e)

Provide for utilization of public land, buildings, and structures for wireless telecommunications whenever possible;

(f)

Require wireless telecommunication service towers must be a monopole design unless an alternative design would blend better with the surrounding environment.

Subd. 2.

Definitions.

Antenna means a device used to transmit and/or receive radio or electromagnetic waves.

Monopole is a self-supporting single pole to which at least one antenna may be attached.

Public utility means any person, firm, corporation, municipal department, or board fully authorized to furnish and furnishing under municipal regulation to the public, electricity, gas, steam, communication services, telegraph services, transportation, or water. For the purpose of this section, commercial wireless telecommunication services will not be considered an "essential public service and utility structure and use" and are defined separately.

Tower means any ground or roof mounted pole, spire, structure, or combination thereof taller than 15 feet, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade (except amateur radio antennas).

Wireless telecommunication services means licensed commercial wireless telecommunication services including cellular, personal telecommunication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public.

Subd. 3.

Conditional use permit.

(a)

No person will erect a tower, antenna, accessory structure or attach an antenna to an existing structure (section 505.05, subdivision 7(e)) regulates amateur radio antennas) without first obtaining a conditional use permit in any zoning district. Procedures for obtaining a conditional use permit are the same as outlined in section 505.05, subdivision 7. For purposes of enforcing and interpreting the requirements of this section, the terms "monopole", "tower", "antenna", and "wireless telecommunication services" are interchangeable.

(b)

Erecting a tower, antenna, accessory structure or attaching an antenna to an existing structure on a city owned parcel requires the approval of city council through the negotiation of a lease agreement. A conditional use permit is not required.

(c)

In addition to the information required in section 505.05, subdivision 7, applications for towers and antennas will include documentation by the applicant to the satisfaction of the city council that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or commercial building within a two and one-half mile radius, transcending municipal borders, of the proposed tower due to one or more of the following factors:

(1)

The planned equipment would exceed the structural capacity of the existing or approved tower or commercial building;

(2)

The planned equipment would cause interference with other existing or planned equipment at the tower or building;

(3)

Existing or approved towers and commercial buildings, transcending municipal borders, within a two and one-half mile radius cannot accommodate the planned equipment at the height necessary to function reasonably.

The applicant will also submit a report from a qualified and licensed professional engineer that provides the following:

(4)

Describes the tower height and design, including a cross section and elevation;

(5)

Documents the height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas;

(6)

Describes the tower's capacity, including the number and type of antennas that it can accommodate;

(7)

Demonstrates the tower's compliance with all applicable structural and electrical standards and includes an engineer's stamp and registration number.

Subd. 4.

Approval by FAA and FCC. The applicant is responsible for receiving approvals from the Federal Aviation Administration ("FAA"), Federal Communications Commission ("FCC"), and any appropriate state review authority stating that the proposed tower complies with regulations administered by that agency or that the tower is exempt from those regulations.

Subd. 5.

Hazard. An applicant will provide sufficient information throughout the application process to the city to indicate that the construction, installation, and maintenance of the antenna and tower will not create safety hazard or damage to the property of other persons.

Subd. 6.

Exceptions. Conditional use permits are not required for:

(a)

Adjustment, repair, or replacement of the elements of an antenna array affixed to a tower or antenna, provided that replacement does not reduce any safety factor. This type of adjustment, repair, or replacement will conform in all respects to this section.

(b)

Antennas or towers erected for ten days or less for test purposes or for emergency communications. Temporary antennas will be removed within 48 hours following the termination of testing or emergency communications needs.

Subd. 7.

Structure location.

(a)

When selecting freestanding sites, the following preferences will be followed and are stated in order of preference:

(1)

City owned land/structures (with the exception of neighborhood parks).

(2)

Industrial districts.

(3)

Commercial/business districts.

(4)

Community athletic complexes.

(5)

Public schools.

(b)

Residential districts. Antennas, towers, and monopoles are prohibited in the RDB, R-1, R-2, R-3, and residential planned unit developments. The city council may consider placing antennas on existing structures in the RDB, R-1, R-2, R-3, and residential planned unit development districts.

(c)

UAP, A and staged development districts. Antennas, towers, and monopoles are prohibited in the agricultural preserve, agricultural, and staged development districts. The city council may consider placing antennas on existing structures in the agricultural preserve, agricultural, and staged development districts.

Subd. 8.

Construction requirements and area, setback, and height restrictions.

(a)

All antennas, towers and accessory structures will comply with all applicable provisions of this code, this section and state building and electrical codes.

(b)

No part of any tower or antenna will be constructed, located, or maintained at any time, permanently or temporarily, in or upon any required tower setback area.

(c)

Antennas and towers shall not be erected in any zoning district in violation of the following restrictions:

(1)

Monopoles, antennas, and towers must not exceed 200 feet in height. All towers, monopoles, and base of monopoles will be located at least the height of the monopole plus 25 feet from all property lines. The monopole, tower, and base will be located a minimum of 500 feet from any residential dwelling. Co-located monopoles will be subject to all setback and height provisions.

(2)

Monopoles will be constructed of, or treated with, corrosive resistant material.

(3)

Structures exclusive of antennas that serve to increase off-site visibility are prohibited.

(4)

Monopole locations will provide the maximum amount of screening possible for off-site views of the facility.

(5)

Construction of all wireless telecommunication structures shall comply with all city tree preservation and reforestation requirements.

(6)

The base of the monopole and any accessory structures will be landscaped. Accessory structures will be designed to be architecturally compatible with the existing structure on the site.

(7)

The monopole will be of a color (such as light blue) that will minimize visibility. No advertising or identification visible off-site will be placed on the monopole or antennas.

(8)

Antennas placed on the monopole will be subject to state and federal regulations pertaining to nonionizing radiation and other health hazards related to such facilities. The cost of verification of compliance will be borne by the conditional use permit holder of the monopole.

(9)

All wireless telecommunication structures will be provided with security fencing.

(10)

Antennas located on existing structures will not extend more than 20 feet above the structure to which they are attached. Transmitting, receiving, and switching equipment will be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving, and switching equipment, it will meet the setback requirements of the zoning district and will be landscaped where appropriate.

(11)

Any monopole will be designed to hold a minimum of four wireless communication carriers.

(12)

Guy wires are prohibited.

Subd. 9.

Size of utilities. With the exception of necessary electronic or telephone service and connection lines approved by the city, no part of any antenna or tower nor any lines, cable, equipment, wires or braces in connection with either will at any time extend across or over any part of the right-of-way, public street, highway, sidewalk, or property line.

Subd. 10.

Grounding. Antennas and towers will be grounded for protection against a direct strike by lightning to the latest lightening evasion practices and will comply with electrical wiring statutes, regulations, and standards.

Subd. 11.

Lights and other attachments. No antenna or tower will have affixed or attached to it in any way except during time of repair or installation any lights, reflectors, flashers, daytime strobes or steady nighttime red lights or other illuminations devices except as required by the FAA or the FCC, or the city. No tower or antenna will have constructed thereon, or constructed thereto, in any way, any platform, catwalk, crow's nest or like structure, except during periods of construction or repair.

Subd. 12.

Removal of abandoned or damaged towers, antennas, monopoles. Any tower and/or antenna which is not used for six successive months will be deemed abandoned and will be removed in the same manner and pursuant to the same procedures as for dangerous or unsafe structures established by Minn. Stats. § 463.16 et seq.

Subd. 13.

Accessory utility buildings. All utility buildings and structures accessory to a tower may not exceed one story in height and 400 square feet in size, and will be architecturally designed to blend in with the surrounding environment and meet the minimum setback requirements of the underlying zoning district. The use of compatible materials, such as wood, brick, or stucco, is required for accessory buildings. Equipment located on the roof of an existing building will be screened from the public view with building materials identical to or compatible with existing materials. In no case will wooden fencing be used as a rooftop equipment screen.

Subd. 14.

Interference with public safety telecommunications. No new or existing telecommunications service will interfere with public safety telecommunications.

Subd. 15.

Existing telecommunication antennas and monopoles. Antennas and towers in residential districts and in existence as of February 12, 2000 which do not conform or comply with this section are subject to the following provisions:

(a)

Towers may continue in use for the purpose now used and as now existing but may not be replaced or structurally altered without complying in all respects with this section.

(b)

If a nonconforming antenna, monopole, tower and accessory building is destroyed by any cause to an extent exceeding 50 percent of its fair market value as indicated by the records of the county assessor, the use of the same thereafter will conform to this section.

Subd. 16.

Additional conditions. In permitting a new telecommunication structure or the alteration of an existing structure, the city may impose, in addition to the standards and requirements expressly specified by this section, additional conditions which it considers necessary to protect the best interest of the surrounding area and the city as a whole.

Subd. 1.

Purpose. The intent of this chapter is to allow reasonable construction of wind turbines and to set forth zoning standards in order to protect surrounding properties from adverse effects. The City of Minnetrista recognizes that using wind turbines and other alternative sources for energy production is a re-emerging technology that provides an alternative to traditional sources of power, which will continue to increase in its share of energy production as non-renewable sources increase in costs. Furthermore, the city seeks to support and encourage such alternatives as providing greener options in the provision of energy.

Subd 2.

Permit requirements. WECS shall be permitted in accordance with the use chart outlined in section 505.13 of this code. Additionally, all WECS shall be subject to building and electrical permitting in accordance with City Code and State Statute. The application for a WECS will be considered in accordance with the additional conditional use permit criteria set forth in section 505.05, subdivision 7 of the city code. The city council reserves the right to add reasonable conditions with regard to aesthetics, height, setbacks, and location, per the terms of the conditional use permit.

Subd 3.

Standards. All WECS shall be subject to the following requirements:

(a)

Location. A WECS shall only be permitted in accordance with section 505.13 of this code. A WECS will not be permitted in any shoreland overlay district.

(b)

Setbacks. A WECS shall be located from all property lines, above ground utility lines, and public or private streets a minimum of the height of the proposed tower or 50 feet, whichever is greater. The base of the tower shall not exceed 150 square feet, and the setback shall be measured from the center of the base.

(c)

Height. A WECS shall be a maximum of 150 feet in height, as measured from the base of the tower to the peak of the highest turbine blade. The pole cannot exceed 120 feet in height, as measured from the base to the hub of the tower, not including the turbine portion of the tower.

(d)

Scale. There shall be no more than one WECS per parcel, and such a parcel must be least ten acres in size. A principal structure must be located on the parcel where the WECS is proposed.

(e)

Aesthetics. All wind turbines shall be constructed in a lattice or monopole design, and shall be painted and kept in good aesthetic condition at all times. The applicant shall demonstrate through project site planning and proposed mitigation that the WECS visual impacts will be minimized to the extent possible for surrounding neighbors and the community. This may include buffering, turbine design or appearance, or site selection. The WECS shall not be artificially lit, unless required by the Federal Aviation Administration, and shall contain no signage of any sort. Clearing of natural vegetation shall be limited to that which requires construction, operation, and maintenance of the WECS.

(f)

Design and construction specifications. A WECS must be designed and constructed in accordance with the following requirements:

(1)

It must be designed to resist two times the wind uplift calculated pursuant to the International Building Code as adopted by the city and shall have a professional engineer's certification.

(2)

The WECS tower and footings must be design engineered by a licensed structural engineer and approved by the city building official at the time of building permit submittals.

(3)

All WECS shall be equipped with an automatic overspeed control device as part of their design.

(4)

Bald arcs created by a WECS shall be a minimum of 30 feet above ground level.

(5)

WECS should be adequately grounded for protection against a direct strike by lightning and shall comply with all federal regulations, state statutes, regulations, and standards, as well as city codes.

(6)

Effective measures shall be taken to prevent public interference and to place the tower in a substantially non-climbable condition. The tower shall be secured in such a manner that unauthorized persona are not able to access it in order to climb it.

(7)

Wind turbines towers shall not have attached to it any sign, or illumination, except when required by federal and state statutes, regulations, and standards as well as city code.

(8)

The WECS must comply with Minnesota Rules 7030 governing noise.

The city council reserves the right to add reasonable conditions with regard to aesthetics, height, setbacks, and location, per the terms of the conditional use permit.

Subd 4.

Abandonment. A WECS that is not in proper working order or has ceased functioning for a period of more than six months or has not been maintained must be deconstructed and removed from the property. Any person who fails to deconstruct and remove a non-functioning WECS shall be guilty of a misdemeanor. The city may require a surety or letter of credit at the time of construction of the WECS to ensure proper deconstruction and removal at such a time that the WECS is no longer in proper working order.

Subd. 1.

Purpose. The intent of this section is to allow reasonable construction of small-scale solar energy systems and to set forth performance standards in order to protect surrounding properties from any adverse effects associated with such construction and operation. The city recognizes that using solar energy systems and other alternative sources for energy production is a re-emerging technology that provides an alternative to traditional sources of power, which will continue to increase in its share of energy production as non-renewable sources increase in costs. Furthermore, the city seeks to support and encourage such alternatives by providing greener options in the provision of energy.

Subd. 2.

Permit requirements. All solar energy systems are subject to any and all applicable federal, state and local laws and regulations. A building permit must be obtained from the city for any solar energy system prior to installation. A conditional use permit is required for all ground-mounted solar energy systems. All conditional use permit applications will be considered in accordance with the general conditional use permit relations set forth in section 505.05, subdivision 7 of this code as well as the performance conditions listed in subdivision 3 below. The city council reserves the right to add additional reasonable conditions to the conditional use permit with respect to aesthetics, height, setbacks, and location.

Subd. 3.

Performance standards. All solar energy systems shall be subject to the following performance standards, regardless of whether or not a conditional use permit is required.

(a)

Location. Ground-mounted solar energy systems shall be limited to the side and rear yards. On double frontage lots, ground-mounted solar energy systems must be located in the larger of the two front yards, unless another location is found to be more suitable and is approved by the city Council as part of a conditional use permit review. Ground-mounted solar energy systems shall be constructed in as compact and contiguous a manner as possible.

(b)

Height.

(1)

Roof-mounted solar energy system. A roof-mounted solar energy system must not exceed the height requirement in the applicable zoning district for the structure on which it is mounted.

(2)

Ground-mounted solar energy system. A ground-mounted solar energy system must not exceed the height requirement in the applicable zoning district for an accessory structure when oriented at maximum tilt.

(c)

Setbacks. A ground-mounted solar energy system must meet the setbacks required for an accessory structure in the applicable zoning district when oriented at minimum tilt. A roof-mounted solar system must comply with all structure setback requirements in the applicable zoning district and must not extend beyond the exterior perimeter of the structure on which the system is mounted.

(d)

Coverage. The total square footage of a ground-mounted solar energy system when oriented at minimum tilt will be included in the property's impervious surface calculation. In order to calculate the total square footage of a ground-mounted solar energy system, the city shall draw a line around the exterior perimeter of all above-ground integrated parts of the solar energy system and then calculate the square footage of that area. In no event shall a ground-mounted solar system be larger than 3,000 square feet.

(e)

Screening. A ground-mounted solar energy system must be screened from view to the extent possible without reducing its efficiency. Screening may include, but is not limited to, walls, fences, or landscaping.

(f)

Aesthetics. A roof-mounted solar energy system should match the structure to which it is mounted to the maximum extent possible. A ground-mounted solar energy system should match the principal structure to the maximum extent possible.

(g)

Feeder Lines. The electrical collection system for a solar energy system must be placed underground within the boundaries of the property. A collection system may be placed overhead if it is near a substation or a point of interconnection to the electric grid.

(h)

Accessory use. All roof- and ground-mounted solar energy systems must be accessory to a principal use on a subject parcel in all zoning districts.

(i)

Limit. No property shall have more than one ground-mounted solar energy system, but a property may have both a roof-mounted solar energy system and a ground-mounted energy system, subject to issuance of a conditional use permit by the city.

Subd. 4.

Abandonment. A solar energy system that is not in proper working order, has ceased functioning for a period of more than six months or has not been maintained must be deconstructed and removed from the property. A demolition permit is required for the removal of the solar energy system. Any person who fails to deconstruct and remove a non-functioning solar energy system is guilty of a misdemeanor. The city may require a surety or letter of credit be provided to the city at the time of construction of the solar energy system in order to ensure proper deconstruction and removal at such a time that the solar energy is no longer in proper working order.

(Revised 0/20/2015, Ordinance 431; Revised 05/03/2021; Ordinance 463)

Subd. 1.

Intent. In order to classify, regulate, and restrict the location of trade and industry, and the location of buildings designated for specific uses; to regulate and limit the height and bulk of buildings hereafter erected or altered; to regulate and limit the intensity of the use of the lot areas and to regulate and determine the areas of yards, recreation and open space within and surrounding such buildings, the city is hereby divided into zoning districts according to the City of Minnetrista Zoning Map.

Subd. 2.

Zoning districts and zoning map. The location and boundaries of the districts established by the following sections are hereby set forth in a map known as the "City of Minnetrista Zoning Map". Said map and all notations, references, and data shown thereon are hereby incorporated by reference into this section and will be as much a part of it as if all were fully described herein. It shall be the responsibility of the zoning administrator to maintain said map, and amendments thereto will be recorded on said map within 30 days after official publication of amendments. The official zoning map will be kept on file in the city hall.

Subd. 3.

Boundary lines. Wherever any uncertainty exists as to the boundary of any zoning district as shown on the zoning map incorporated herein, the following rules must apply:

(a)

Where district boundary lines are indicated as following streets, alleys, railroads, or similar rights-of-way, they will be construed as following the centerlines thereof;

(b)

Where district boundary lines are indicated as approximately following lot lines or section lines, such lines will be construed to be such boundaries;

(c)

Where a lot held in one ownership, and of record at the effective date of this section, is divided by a district boundary line, the entire lot will be construed to be within the less restricted district; provided that this construction will not apply if it increases the area of the less restricted portion of the lot by more than twenty percent;

(d)

Where figures are shown on the zoning map between a street or property line and a district boundary line, they indicate that the district boundary line runs parallel to the street line or property line at a distance therefrom equivalent to the number of feet so indicated, unless otherwise indicated.

Subd. 4.

Allowable uses. The uses allowed in the residence districts are listed within each district. The uses listed below are allowable in nonresidence districts provided they comply with the performance standards set forth in this section. Non-residence districts shall be known as:

C-1 — Office limited business district;

C-2 — Highway service business district;

C-3 — Shopping center business district;

I — Planned industrial district;

P — Public/semi-public district.

Legend:

P means permitted uses;

C means conditional uses;

IUP means interim uses;

A means accessory uses;

A/C means an accessory use that is conditional; and

No indication means not permitted.

(Revised 07/20/2015, Ordinance 431; Ord. No. 496, § 4, 5, 2-3-2025)

Subd. 1.

Intent. This district is intended to preserve, create and enhance areas for low density single-family dwelling development as an extension of existing residential areas and to allow low density development in areas indicated as such in the comprehensive plan where public utilities are available. In general, this district is intended to meet overall density goals of a minimum of two units per net acre, however, the city reserves the right to approve developments at a lower density when unique natural features exist that are not conducive to such densities. Unique circumstances include regionally significant woodlands or historic areas or environmental considerations such as steep slopes, shoreland preservation, or floodplain protection.

Subd. 2.

Lot area, depth, width, coverage, setbacks, height standards.

See general regulations (section 505.05).

;adv=6;* See general setback provisions (Section 505.05, subdivision 8).

** See general height regulations (Section 505.05, subdivision 5).

Subd 2[3].

Permitted uses. The following uses are permitted in this zoning district. Omission from this list or the list described in subdivision 3[4] means that the use is prohibited.

(a)

Single-family, detached dwellings (including manufactured or modular homes).

(b)

Golf courses and club houses (excepting independent and commercial mini golf courses and driving ranges).

(c)

Historic sites.

(d)

Parks and recreational trails and paths.

(e)

Public utility buildings.

(f)

Religious or other similar assembly uses, with the approval of a site plan.

(g)

State licensed residential facility or housing with services establishment serving six or fewer persons, as defined and regulated by state statute.

(h)

State licensed day care facility serving 12 or fewer persons, as defined and regulated by state statute.

(i)

Group family day care facility licensed under Minnesota Rules to serve 14 or fewer children, as defined and regulated by state statute.

(j)

Temporary real estate offices or model homes associated with new development.

Subd 3[4].

Conditional uses.

(a)

Accessory structures exceeding 1,000 square feet.

(b)

Cemeteries or mausoleums.

(c)

Guest homes have a gross floor area exceeding 1,000 square feet or square footage that is 30 percent or more of the primary residence's footprint, whichever is less.

(d)

Home occupations, if required in accordance with section 505.07, subdivision 10.

(e)

Libraries and museums.

(f)

Recreation facilities owned in common (including, but not limited to homeowner's association, country club) unless a site plan is already required.

(g)

Schools.

(h)

Ground-mounted solar energy systems (must be a principal use to which the system is accessory).

(Revised 07/20/2015, Ordinance 431)

Subd. 1.

Intent. This district is intended to accommodate the low-medium and medium density land use designation for those parcels guided as such in the 2006 Comprehensive Plan Amendment, as indicated on page 2-8 of the 2030 Comprehensive Plan.

Subd. 2.

Lot area, depth, width, coverage, setbacks, height standards:

See general regulations for additional standards (section 505.07).

* See section 505.07, subdivision 8 for information on setbacks.

** See section 505.07, subdivision 9 for information on acc. structures.

*** See section 505.07, subdivision 5 for information on height.

Subd 2[3].

Permitted uses. The following uses are permitted in this zoning district. Omission from this list or the list described in subdivision 3[4] implies that the use is prohibited.

(a)

Single-family, detached dwellings.

(b)

Two-family structures.

(c)

Historical sites such as cemeteries and other buildings, as designated by city council or the state historic preservation office.

(d)

Public utilities.

(e)

Government buildings.

(f)

Public recreational trails and parks.

(g)

Religious or other similar assembly uses, with the approval of a site plan.

(h)

State licensed residential facility or housing with services establishment serving six or fewer persons, as defined and regulated by state statute.

(i)

State licensed day care facility serving 12 or fewer persons, as defined and regulated by state statute.

(j)

Group family day care facility licensed under Minnesota Rules to serve 14 or fewer children, as defined and regulated by state statute.

Subd 3[4].

Conditional uses.

(a)

Libraries.

(b)

Country clubhouses or other private clubhouses.

(c)

Schools or other similar institutions.

(d)

Units that do not meet square footage regulations as prescribed in subdivision 1.

(e)

Nursing homes and similar care facilities within the allowable density and structures allowed.

(f)

Ground-mounted solar energy systems (must be a principal use to which the system is accessory).

(g)

Other similar uses, as deemed appropriate by city council.

(Revised 07/20/2015, Ordinance 431)

Subd. 1.

Intent. This district is intended to accommodate the low-medium density land use designation for those newly guided parcels (those not included in the 2006 amendment) as indicated in the 2030 Comprehensive Plan.

Subd. 2.

Lot area, depth, width, coverage, setbacks, and height standards:

See general regulations for additional standards (Section 505.07).

* See section 505.07, subdivision 8 for information on setbacks.

** See section 505.07, subdivision 9 for information on acc. structures.

*** See section 505.07, subdivision 5 for information on height.

Subd 2[3].

Permitted uses. The following uses are permitted in this zoning district. Omission from this list or the list described in subdivision 3[4] means that the use is prohibited.

(a)

Single-family, detached dwellings.

(b)

Historical sites such as cemeteries and other buildings, as designated by city council or the state historic preservation office.

(c)

Public utilities.

(d)

Government buildings.

(e)

Public recreational trails and parks.

(f)

Religious or other similar assembly uses, with the approval of a site plan.

(g)

State licensed residential facility or housing with services establishment serving six or fewer persons, as defined and regulated by state statute.

(h)

State licensed day care facility serving 12 or fewer persons, as defined and regulated by state statute.

(i)

Group family day care facility licensed under Minnesota Rules to serve 14 or fewer children, as defined and regulated by state statute.

Subd. 3[4].

Conditional uses.

(a)

Libraries.

(b)

Country clubhouses or other private clubhouses.

(c)

Schools or other similar institutions.

(d)

Units that do not meet square footage regulations as prescribed in subdivision 1.

(e)

Nursing homes and similar care facilities within the allowable density and structures allowed.

(f)

Ground-mounted solar energy systems (must be a principal use to which the system is accessory).

(g)

Other similar uses, as deemed appropriate by city council.

Subd. 4[5].

Performance standards.

(a)

Buffering. A minimum 20-foot landscaped buffer is required on the common property line of any development within this zoning district. This buffer shall include full landscaping including a combination of deciduous and coniferous plantings, and where feasible, a berm appropriate in height to the surrounding landscape.

(b)

Accessory buildings. Exteriors of accessory buildings shall have the same exterior finish and general architectural design as the main structure.

(c)

Trails and sidewalks. Bituminous trails or concrete sidewalks may be required on both sides of all public streets within the zoning district, and shall connect with any nearby trails or sidewalks adjacent to subject property. Each building shall be connected by sidewalk or trail.

(d)

Landscaping requirements. A landscaping plan must be included with any development plan in the zoning district, which includes a minimum of one tree and two shrubs per dwelling unit or one tree and two shrubs per 30 lineal feet of development boundary, whichever is greater. A mixture of trees shall be incorporated into the development, and no species of tree shall consist of any more than 25 percent of the development. A mixture of deciduous and coniferous trees shall be planted. All landscaping must follow the standards in 505.07, subdivision 4.

(e)

Architectural requirements. All buildings constructed in this zoning district shall comply with section 505.07, subdivision 12 of city code for design standards.

For pictorial demonstrations of the intent of the architectural guidelines, refer to the Metropolitan Design Center's suburban density sheets. A copy of the most recent version can be found at city hall.

(f)

Streetscape. All roads shall consist of appropriate streetscape, including the installation of street trees in accordance with this chapter and the inclusion of sidewalks and trails, outlined in this section.

(Revised 07/20/2015, Ordinance 431)

Subd. 1.

Intent. This district is intended to create areas that allow a broader range of housing types and styles, and enhance transitional residential areas between lower and higher densities in areas served by public utilities. These include medium density townhomes, small scale multi-family residences, and a mixture of housing styles and types.

Subd. 2.

Lot area, depth, width, coverage, setbacks, height standards:

See general regulations for additional standards (section 505.05).

See general regulations for additional standards (section 505.07).

* See section 505.07, subdivision 8 for information on setbacks.

** See section 505.07, subdivision 9 for information on acc. structures.

*** See section 505.07, subdivision 5 for information on height.

Subd. 2[3].

Permitted uses. The following uses are permitted in this zoning district. Omission from this list or the list described in subdivision 3[4] implies that the use is prohibited:

(a)

Single-family, detached dwellings.

(b)

Two-family dwellings.

(c)

Townhomes.

(d)

Low-scale multi-family dwellings with up to ten units.

(e)

Historical sites such as cemeteries and other buildings, as designated by city council or the state historic preservation office.

(f)

Public utilities.

(g)

Government buildings.

(h)

Public recreational trails and parks.

(i)

Religious or other similar assembly uses, with the approval of a site plan.

Subd. 3[4].

Conditional uses.

(a)

Libraries.

(b)

Country clubhouses or other private clubhouses.

(c)

Schools or other similar institutions.

(d)

Units that do not meet square footage regulations as prescribed in subdivision 1.

(e)

Nursing homes and similar care facilities.

(f)

State licensed day care facility serving from 13 to 16 persons, as defined and regulated by state statute.

(g)

Ground-mounted solar energy systems (must be a principal use to which the system is accessory).

(h)

Other similar uses, as deemed appropriate by city council.

Subd. 4[5].

Performance standards.

(a)

The performance standards for any multi-family housing shall match that of the R-5 zoning district;

(b)

Buffering. A minimum 20-foot landscaped buffer is required on the common property line of any development within this zoning district. This buffer shall include full landscaping including a combination of deciduous and coniferous plantings, and where feasible, a berm appropriate in height to the surrounding landscape.

(c)

Accessory buildings. Exteriors of accessory buildings shall have the same exterior finish and general architectural design as the main structure.

(d)

Trails and sidewalks. Bituminous trails or concrete sidewalks are required on both sides of all public streets within the zoning district, and shall connect with any nearby trails or sidewalks adjacent to subject property. Each building shall be connected by sidewalk or trail.

(e)

Landscaping requirements. A landscaping plan must be included with any development plan in this zoning district, which includes a minimum of one tree and two shrubs per dwelling unit or one tree and two shrubs per 30 lineal feet of development boundary, whichever is greater. A mixture of trees shall be incorporated in the development, and no single species of tree shall consist of any more than 25 percent of the trees in the development. A mixture of deciduous and coniferous trees shall be planted.

(i)

Recreation and open space. Multiple family residential projects will contain or have access to an adequate amount of land for park, recreation or local open space use, exclusive of drainage, stormwater management or wetland areas, based on the park dedication requirements set forth by the park commission recommendation and city council action.

(j)

Architectural requirements. All buildings constructed in this zoning district shall comply with section 505.07, subdivision 12 of city code for design standards. The city encourages the use of a variety of architectural features and details in the development of multi-family housing.

For pictorial demonstrations of the intent of the architectural guidelines, refer to The Metropolitan Design Center's suburban density sheets. A copy of the most recent version can be found at city hall.

(k)

Streetscape. All roads shall consist of appropriate streetscape, including the installation of street trees in accordance with this chapter and the inclusion of sidewalks and trails, outlined in this section. Furthermore, all roads shall be properly lighted with streetlights that are approved by city council. All public and private streets shall meet the city code with regard to width and right-of-way requirements.

(l)

Access. All developments shall consist of a minimum of one public road that transects, is adjacent, or abuts the development. Driveway access from public roads shall be discouraged for back-to-back townhome units.

(m)

Common buildings. All buildings intended as clubhouses, pool-houses, permanent lease or sales offices, storage buildings, or any other structure intended for common use shall be reviewed through the site plan review process specified in this chapter. These buildings shall be of a consistent scale and architectural style of residential structures on the property.

Subd. 1.

Intent. This district is intended to create, preserve and enhance areas for multi-family use at higher densities. This district is intended to accommodate multi-family dwelling units and/or townhomes. Where possible or feasible, a mix of housing types is permitted. The standards set forth in this district are meant to be interpreted as the minimum standards within this district. The city would emphasize the importance of flexibility for the city and developer to work together to achieve mutually beneficial outcomes that exceed these standards.

Subd 2.

Permitted uses. The following uses are permitted in this zoning district. Omission from this list or the list described in subdivision 3 implies that the use is restricted. Other uses shall only be considered through the processing of a rezoning to Planned Unit Development or other appropriate district.

(a)

Multiple family dwellings.

(b)

Quad homes.

(c)

Townhomes.

(d)

Two-family dwellings.

(e)

Single-family, detached dwellings.

(f)

Historical sites.

(g)

Public utilities and other government buildings.

(h)

Public recreational trails and parks.

(i)

Retail, neighborhood level, not to exceed 30,000 square feet, when developed as mixed use (shall require site plan submittal in accordance with this chapter).

Subd 3.

Conditional uses.

(a)

Hospitals or clinics.

(b)

Libraries.

(c)

Retail, neighborhood level, not associated with mixed use (not to exceed 30,000 square feet).

(d)

Religious or other similar assembly uses.

(e)

Country clubhouses or other private clubhouses.

(f)

Schools or other similar institutions.

(g)

Smaller unit types than otherwise permitted by this section.

(h)

Nursing homes and similar care facilities.

(i)

Ground-mounted solar energy systems (must be a principal use to which the system is accessory).

(j)

Other uses, as deemed appropriate by city council.

Subd. 4.

Lot standards:

See general regulations (section 505.05).

Subd. 5.

Performance standards.

(a)

Unit size. Living units classified as multiple dwelling shall have the following minimum floor areas per unit, unless otherwise permitted by conditional use:

(1)

Efficiency units: 500 square feet.

(2)

One bedroom units: 700 square feet.

(3)

Two bedroom units: 900 square feet.

(4)

More than two bedroom units: an additional 150 square feet for each additional bedroom.

(b)

Parking. All multiple family dwelling units shall provide a minimum of one parking space per efficiency and one bedroom unit, and two spaces for every unit two or more bedrooms in size. Additionally, the development plan shall accommodate an appropriate area for guest parking needs.

(c)

Buffering. A minimum 20-foot landscaped buffer is required on the common property line of any development within this zoning district. This buffer shall include full landscaping including a combination of deciduous and coniferous plantings, and where feasible, a berm appropriate in height to the surrounding landscape.

(d)

Garbage receptacles. Except with buildings of eight or fewer units, any storage of trash or garbage shall be completely enclosed by walls and roof and such receptacle shall match the exterior façade of the residential buildings.

(e)

Accessory buildings. Exteriors of accessory buildings shall have the same exterior finish and general architectural design as the main structure.

(f)

Rooftop equipment. If present, rooftop equipment such as HVAC systems and other mechanical systems shall be adequately screened from all adjacent properties.

(g)

Trails and sidewalks. Bituminous trails or concrete sidewalks are required on both sides of all public streets within the zoning district, and shall connect with any nearby trails or sidewalks adjacent to subject property. Each building shall be connected by sidewalk or trail.

(h)

Landscaping requirements. A landscaping plan must be included with any development plan in the R-5 zoning district, which includes a minimum of one tree and two shrubs per dwelling unit or one tree and two shrubs per 30 lineal feet of development boundary. A mixture of trees shall be incorporated into the development, and no species of tree shall consist of any more than 25 percent of the development. A mixture of deciduous and coniferous trees shall be planted.

(i)

Recreation and open space. Multiple family residential projects will contain an adequate amount of land for park, recreation or local open space use, exclusive of drainage, stormwater management or wetland areas, based on the park dedication requirements set forth by the park commission recommendation and city council action.

(j)

Architectural requirements. The city encourages the use of a variety of architectural features and details in the development of multi-family housing. The following minimum architectural standards are required:

(1)

No more than 50 percent of the exterior of any building may utilize vinyl materials;

(2)

A combination of at least three of the following elements must be utilized:

a.

The use of brick or stone;

b.

Useable front porches or balconies;

c.

A variety of roof lines;

d.

Façade articulations or undulations;

e.

The use of varied color in materials;

f.

Other architectural features deemed appropriate by city council.

For pictorial demonstrations of the intent of the architectural guidelines, refer to The Metropolitan Design Center's suburban density sheets. A copy of the most recent version can be found at city hall.

(3)

Garage facades shall not consist of more than 75 percent of any face of the building façade.

(k)

Streetscape. All roads shall consist of appropriate streetscape, including the installation of street trees in accordance with this chapter and the inclusion of sidewalks and trails, outlined in this section. Furthermore, all roads shall be properly lighted with streetlights that are approved by city council. All public and private streets shall meet this section with regard to width and right-of-way requirements.

(l)

Access. All developments should obtain access from a public roadway, in accordance with the applicable regulating authority. All developments shall consist of a minimum of one public road that transects, is adjacent, or abuts the development. Driveway access from public roads shall be discouraged for back-to-back townhome units.

(m)

Common buildings. All buildings intended as clubhouses, pool-houses, permanent lease or sales offices, storage buildings, or any other structure intended for common use shall be reviewed through the site plan review process specified in this chapter. These buildings shall be of a consistent scale and architectural style of residential structures on the property.

(Revised 07/20/2015, Ordinance 431)

Subd. 1.

Intent. This district is intended to serve the same purpose as the R-1 single-family residence district as modified to meet the unique and distinct characteristics, development patterns and needs of the Douglas Beach neighborhood, which are significantly different from other neighborhoods in the R-1 single-family residence district.

Subd. 2.

Lot area, depth, width, coverage, setbacks, height standards:

See general regulations (section 505.05).

* See general setback provisions (section 505.05, subdivision 8).

** See general height regulations (section 505.05, subdivision 5).

Subd 3.

Permitted uses. The following uses are permitted in this zoning district. Omission from this list or the list described in subdivision 4 means that the use is prohibited.

(a)

Single-family, detached dwellings (including manufactured or modular homes).

(b)

Historic sites.

(c)

Parks and recreational trails and paths.

(d)

Public utility buildings.

(e)

Religious or other similar assembly uses, with the approval of a site plan.

(f)

State licensed residential facility or housing with services establishment serving six or fewer persons, as defined and regulated by state statute.

(g)

State licensed day care facility serving 12 or fewer persons, as defined and regulated by state statute.

(h)

Group family day care facility licensed under Minnesota Rules to serve 14 or fewer children, as defined and regulated by state statute.

Subd 4.

Conditional uses.

(a)

Accessory structures exceeding 1,000 square feet.

(b)

Cemeteries or mausoleums.

(c)

Guest homes have a gross floor area exceeding 1,000 square feet or square footage that is 30 percent or more of the primary residence's footprint, whichever is less.

(d)

Home occupations, if required in accordance with section 505.07, subdivision 10.

(e)

Libraries and museums.

(f)

Recreation facilities owned in common (including, but not limited to homeowner's association, country club) unless a site plan is already required.

(g)

Schools.

(h)

Ground-mounted solar energy systems (must be a principal use to which the system is accessory).

Subd. 5.

Special provisions.

(a)

On lots which have a width of less than 55 feet, measured at the street line, the side yard shall be no less than ten feet on one side and six feet on the other side.

On lots which have a width of at least 55 feet, but less than 70 feet, measured at the street line, the total of the side yards shall be no less than 30 percent of the width of the lot, with the side yard being ten feet on one side and the remainder of the 30 percent on the other side.

On lots which have a width of at least 70 feet, but less than 100 feet, measured at the street line, the sum of both side yards shall be no less than 30 percent of the width of the lot, but in no case shall a side yard on either side be less than ten feet.

On lots which have a width which equals or exceeds 100 feet, measured at the street line, the minimum side yard shall be 15 feet on each side.

Accessory structures shall be aligned with the principal structure so that the accessory structure shall maintain the minimum setback of ten feet on the same side or sides of the lot that the principal structure maintains the minimum setback of ten feet.

(Revised 07/20/2015, Ordinance 431)

Subd. 1.

Intent. This district is intended to address future planning issues for areas which are designated to become urbanized within the comprehensive plan staged growth boundaries. A minimum lot size of ten acres in this district will retain these lands in larger tracts pending the proper timing for the economical provision of sewer, water, streets, parks, storm drainage, and other public utilities and services so that orderly development can occur.

Subd. 2.

Lot area, depth, width, coverage, setbacks, height standards:

See general regulations (section 505.05).

* See general setback provisions (section 505.05, subdivision 8).

** See general height regulations (section 505.05, subdivision 5).

Subd 3.

Permitted uses. The following uses are permitted in this zoning district. Omission from this list or the list described in subdivision 4 means that the use is prohibited.

(a)

Single-family, detached dwellings (including manufactured or modular homes).

(b)

Golf Courses and club houses (excepting independent and commercial mini golf courses and driving ranges).

(c)

Historic sites.

(d)

Parks and recreational trails and paths.

(e)

Public utility buildings.

(f)

Religious or other similar assembly uses, with the approval of a site plan.

(g)

State licensed residential facility or housing with services establishment serving six or fewer persons, as defined and regulated by state statute.

(h)

State licensed day care facility serving 12 or fewer persons, as defined and regulated by state statute.

(i)

Group family day care facility licensed under Minnesota Rules to serve 14 or fewer children, as defined and regulated by state statute.

(j)

Commercial agriculture and horticulture, including drainage and irrigation systems.

(k)

Stables, limited private.

Subd 4.

Conditional uses.

(a)

Accessory structures exceeding 1,000 square feet.

(b)

Cemeteries or mausoleums.

(c)

Guest homes have a gross floor area exceeding 1,000 square feet or square footage that is 30 percent or more of the primary residence's footprint, whichever is less.

(d)

Home occupations, if required in accordance with section 505.07, subdivision 10.

(e)

Libraries and museums.

(f)

Recreation facilities owned in common (including, but not limited to homeowner's association, country club) unless a site plan is already required.

(g)

Schools.

(h)

Ground-mounted solar energy systems (must be a principal use to which the system is accessory).

Subd. 5.

Interim uses.

(a)

Any other use, as deemed appropriate by the city council.

Subd. 6.

Special provisions.

(a)

Any accessory structures in excess of 1,000 sq. ft. within the SOD District shall require a conditional use permit.

(b)

Future development in the SOD District. If a parcel is proposed to be subdivided, the applicant must provide a plan on a certified survey identifying future home locations and street connections as if the property is zoned R-2, single-family.

A lot of record existing on the effective date of this section that is less than ten acres in size will be considered a nonconforming lot subject to the conditions and requirements of section 505.05, subdivision 11(c).

(Revised 07/20/2015, Ordinance 431)

(Ord. No. 490, § 1, 7-15-2024)

Subd. 1.

Intent. This district is intended:

(a)

To include those areas appropriate for small scale rural activities which will not conflict with existing agricultural activities;

(b)

To protect such areas and activities from encroachment by nonagricultural uses, structures, or activities;

(c)

To prohibit those uses and densities which would require the premature extension of urban public facilities and services;

(d)

To promote logical and orderly development in the best interest of the health, safety, and welfare of the citizens of the city;

(e)

To protect and maintain the open space for the creation of an attractive living environment;

(f)

To protect, preserve, and maintain, the unique rural lifestyle;

Subd. 2.

Lot area, depth, width, coverage, setbacks, height standards:

See general regulations (section 505.05).

* See general setback provisions (section 505.05, subdivision 8).

** See general height regulations (section 505.05, subdivision 5).

Subd 3.

Permitted uses. The following uses are permitted in this zoning district. Omission from this list or the list described in subdivision 4 and 5 means that the use is prohibited.

(a)

Single-family, detached dwellings (including manufactured or modular homes).

(b)

Accessory or farm buildings of any size.

(c)

Golf courses and club houses (excepting independent and commercial mini golf courses and driving ranges).

(d)

Historic sites.

(e)

Parks and recreational trails and paths.

(f)

Public utility buildings.

(g)

Religious or other similar assembly uses, with the approval of a site plan.

(h)

State licensed residential facility or housing with services establishment serving six or fewer persons, as defined and regulated by state statute.

(i)

State licensed day care facility serving 12 or fewer persons, as defined and regulated by state statute.

(j)

Group family day care facility licensed under Minnesota Rules to serve 14 or fewer children, as defined and regulated by state statute.

(k)

Commercial agriculture and horticulture, including drainage and irrigation systems.

(l)

Stables, limited private.

Subd 4.

Conditional uses.

(a)

Agricultural feedlots and poultry facilities.

(b)

Agricultural service establishments.

(c)

Farm winery.

(d)

Cemeteries or mausoleums.

(e)

Guest homes have a gross floor area exceeding 1,000 square feet or square footage that is 30 percent or more of the primary residence's footprint, whichever is less.

(f)

Home occupations, if required in accordance with section 505.07, subdivision 10.

(g)

Libraries and museums.

(h)

Recreation facilities owned in common (including, but not limited to homeowner's association, country club) unless a site plan is already required.

(i)

Schools.

(j)

Keeping of non-domestic animals, in accordance with section 1110.

(k)

Stables, commercial, limited commercial, or private.

(l)

Ground-mounted solar energy systems (must be a principal use to which the system is accessory).

Subd. 5.

Interim uses.

(a)

Agricultural entertainment.

(b)

Any other use, as deemed appropriate by city council.

Subd. 6.

Special regulations.

(a)

Agricultural feed lots and poultry facilities.

(1)

The applicant must submit a map or aerial photo indicating dimensions of feedlot and poultry facility and showing all existing homes, buildings, lakes, ponds, water courses, wetlands, dry runs, rock outcropping, roads, wells, and general contours within 500 feet of the feedlot.

(2)

The applicant must submit a description of the geological conditions, soil types, and ground water elevations, including proof that the water table is at least ten feet below the ground at the lowest contour elevation within 500 feet of the feedlot.

(3)

The applicant must submit a plan indicating operation procedures, location and specifications of proposed animal waste treatment facilities, land area for the disposal of waste, and the quantity and type of effluent to be discharged from or on the lot.

(4)

Should the land indicated as a disposal site not be owned by the applicant, a lease must be submitted indicating that the applicant has the right to dispose of waste on said land.

(5)

No feedlot will be located within 1,000 feet of the normal high water mark of a lake, pond, wetlands, river or stream.

(6)

No feedlot will be located within the flood plains.

(7)

No feedlot will be located within 1,000 feet of a public park.

(8)

No feedlot will be located within one-half mile of ten or more dwellings.

(b)

Agricultural service establishments. All agricultural service establishments will be located 300 feet from any driveway or adjacent property owners and at least 500 feet from any single-family dwelling of an adjacent property owner.

(c)

Conditional use standards for public schools or equivalent private schools in A-agriculture district. In addition to general standards specified in section 505.05, subdivision 7, the following additional standards apply to the conditional use permits for public schools or equivalent private schools. Such schools:

(1)

Must be services by public sewer and water facilities;

(2)

Located with direct access to a collector or arterial street as identified in the comprehensive plan;

(3)

Minimum lots size and building setbacks for "other uses" in the A-agriculture zoning district shall be met;

(4)

Parking areas shall adhere to off street parking and loading requirements called for by code;

(5)

Bus drop-off and pick-up areas must be located outside of the public right-of-way and be designed to enhance vehicular and pedestrian safety;

(6)

Recreational areas designed for group sports activities set back a minimum of 50 feet from residential property with adequate screening to protect neighboring properties from noise and adverse visual impacts;

(7)

No more than 25 percent of the site to be covered with impervious surface and the remainder to be suitably landscaped;

(8)

Exterior lighting must be designed and installed so that the globe is recessed and enclosed on all sides except the bottom and no direct light is cast on adjacent residential property or rights-of-way;

(9)

Roof top or outside mechanical equipment must be screened from view from adjacent properties and rights-of-way;

(10)

Any exterior storage must be screened from view with an opaque material architecturally compatible with the building;

(11)

The city council may require compliance with any other conditions, restrictions, or limitations it deems to be reasonably necessary to protect the residential character of the neighborhood; and

(12)

The proposed school shall be registered with the State of Minnesota.

(d)

Interim use in A-agriculture district.

(1)

Within the A-agriculture district, the following use shall be permitted by interim use permit:

a.

Agricultural entertainment, which shall include events or activities conducted or held on private property by the property owner or the owner's lessee, either private or open to the general public, with an estimated attendance of 75 people or more.

b.

For purposes of this section, "events" and "activities" have the following meanings:

1.

Events: Planned parties, celebrations, concerts, conferences, or similar occasions with reservation of a particular space at the property for a single-occurrence gathering, including but not limited to weddings, wedding receptions, private parties or similar family or social functions.

2.

Activities: Ongoing occurrences at the property which are open to the general public, including but not limited to tractor pulled hayrides; guided nature walks, petting barn yards, school-age tour groups or similar family or social functions.

(2)

Standards. The following standards apply to interim use permits for agricultural entertainment:

a.

The property proposed to be used for agricultural entertainment must be located with direct access to a collector or arterial street as identified in the comprehensive plan;

b.

The property owner may be required to improve the traffic intersection located nearest to the property with additional turning lanes, street lights, traffic controls, traffic signs and such other measures as the city deems necessary to safely control traffic traveling to and from the property;

c.

The property must have at least two points of unobstructed emergency vehicle access to each building or permanent or temporary structure;

d.

Minimum lot size and building setbacks for "other uses" in the A-agriculture zoning district must be met;

e.

All parking must occur on-site but not on the primary or alternate septic sites or on any green area; must be on an improved surface, such as class five gravel or pavement; and must be set back at least 30 feet from all property lines;

f.

No more than 25 percent of the site may be covered with impervious surface and the remainder shall be suitably landscaped;

g.

All requirements of section 405 of the city code must be met;

h.

Exterior lighting must be designed and installed so that the light source is recessed and enclosed on all sides except the bottom so that no light is cast directly or indirectly on any other property and so that the light source cannot be seen from adjacent property;

i.

Roof top or outside mechanical equipment and any exterior storage must be screened from view from adjacent properties and rights-of-way with an opaque material architecturally compatible with the building(s);

j.

Trash containers must be located inside or screened in an acceptable manner;

k.

No outdoor speakers may be used. All live music, including but not limited to bands and disc jockeys as well as stereos, juke boxes or other equipment, shall be conducted inside a permanent or temporary structure and the property owners shall take all necessary steps to contain the noise produced by all such devises within the permanent or temporary structure;

l.

The number of persons who may attend an event featuring live music shall be determined by the city council after considering the impact on adjacent properties;

m.

All requirements of the fire code and fire marshal must be met;

n.

All requirements of chapter 1200 of the city code must be met;

o.

Discharge of firearms, including blanks, shall not be allowed on the property;

p.

The hours of operation and the number of permitted employees will be determined by the city council after consideration of the impact on adjacent properties;

q.

Events are limited to twice weekly and only during the months of May through December;

r.

The city may require the property owner to utilize the services of a licensed security officer or peace officer at any event or activity;

s.

The city may require inspections of the property in order to investigate complaints;

t.

Food consumed on site must be prepared in accordance with all applicable state and county codes and regulations;

u.

The property owner must take reasonable steps to prevent trespassing on adjacent properties by employees, contractors or patrons;

v.

There must be identified and acceptable primary and alternate well and septic sites on the property which are sized for the maximum anticipated usage of the property;

w.

All animal feed and bedding must be stored within an enclosed building;

x.

Manure must be properly stored while on site. Manure must be disposed of at an off-site location at least every six months by means of a method approved by the city and the Minnesota Pollution Control Agency, and

y.

The city council may require compliance with any other conditions, restrictions, or limitations it deems to be reasonably necessary to protect the health, safety or welfare of the surrounding properties and the community and may require the applicant to enter into an agreement to ensure compliance with the conditions.

(Revised 07/20/2015, Ordinance 431)

Subd. 1.

Intent. This district is intended:

(a)

To include those areas where it is necessary and desirable to preserve, promote, maintain, and enhance the use of the land for long-term agricultural purposes;

(b)

To protect such areas from encroachment by nonagricultural uses, structures, or activities;

(c)

To prohibit those uses and densities which would require the premature extension of urban public facilities and services;

(d)

To promote logical and orderly development in the best interest of the health, safety, and welfare of the citizens of the city;

(e)

To protect and maintain the open space for the creation of an attractive living environment;

(f)

To protect, preserve, and maintain, the unique rural lifestyle.

Subd. 2.

Lot area, depth, width, coverage, setbacks, height standards:

See general regulations (section 505.05).

* See general setback provisions (section 505.05, subdivision 8).

** See general height regulations (section 505.05, subdivision 5).

Subd 3.

Permitted uses. The following uses are permitted in this zoning district. Omission from this list or the list described in subdivision 4 or 5 means that the use is prohibited.

(a)

Single-family, detached dwellings (including manufactured or modular homes).

(b)

Accessory or farm buildings of any size.

(c)

Historic sites.

(d)

Parks and recreational trails and paths.

(e)

Public utility buildings.

(f)

Religious or other similar assembly uses, with the approval of a site plan.

(g)

State licensed residential facility or housing with services establishment serving six or fewer persons, as defined and regulated by state statute.

(h)

State licensed day care facility serving 12 or fewer persons, as defined and regulated by state statute.

(i)

Group family day care facility licensed under Minnesota Rules to serve 14 or fewer children, as defined and regulated by state statute.

(j)

Commercial agriculture and horticulture, including drainage and irrigation systems.

(k)

Stables, limited private.

(l)

Air strips.

Subd 4.

Conditional uses.

(a)

Agricultural feedlots and poultry facilities.

(b)

Agricultural service establishments.

(c)

Farm winery.

(d)

Golf courses and club houses (excepting independent and commercial mini golf courses and driving ranges).

(e)

Cemeteries or mausoleums.

(f)

Guest homes have a gross floor area exceeding 1,000 square feet or square footage that is 30 percent or more of the primary residence's footprint, whichever is less.

(g)

Home occupations, if required in accordance with section 505.07, subdivision 10.

(h)

Recreation facilities owned in common (including, but not limited to homeowner's association, country club) unless a site plan is already required.

(i)

Schools.

(j)

Keeping of non-domestic animals, in accordance with section 1110.

(k)

Stables, commercial, limited commercial, or private.

(l)

Ground-mounted solar energy systems (must be a principal use to which the system is accessory).

Subd. 5.

Interim uses.

(a)

Agricultural entertainment.

(b)

Any other use, as deemed appropriate by city council.

Subd. 6.

Performance standards. Parcels formerly zoned as residential agricultural (RA). Lots formerly known zoned RA may continue to adhere to former RA setbacks.

Subd. 7.

Special provisions.

(a)

Agricultural feed lots and poultry facilities.

(1)

The applicant must submit a map or aerial photo indicating dimensions of feedlot and poultry facility and showing all existing homes, buildings, lakes, ponds, water courses, wetlands, dry runs, rock outcropping, roads, wells, and general contours within 500 feet of the feedlot.

(2)

The applicant must submit a description of the geological conditions, soil types, and ground water elevations, including proof that the water table is at least ten feet below the ground at the lowest contour elevation within 500 feet of the feedlot.

(3)

The applicant must submit a plan indicating operation procedures, location and specifications of proposed animal waste treatment facilities, land area for the disposal of waste, and the quantity and type of effluent to be discharged from or on the lot.

(4)

Should the land indicated as a disposal site not be owned by the applicant, a lease must be submitted indicating that the applicant has the right to dispose of waste on said land.

(5)

No feedlot will be located within 1,000 feet of the normal high water mark of a lake, pond, wetlands, river or stream.

(6)

No feedlot will be located within the flood plains.

(7)

No feedlot will be located within 1,000 feet of a public park.

(8)

No feedlot will be located within one-half mile of ten or more dwellings.

(b)

Agricultural service establishments. All agricultural service establishments will be located 300 feet from any driveway or adjacent property owners and at least 500 feet from any single-family dwelling of an adjacent property owner.

(c)

Dwellings in AP-agriculture preservation district.

(1)

All dwellings will meet the following criteria:

a.

The driveway serving the lot will be separated from adjacent driveways on the same side of the road by the following distances, depending upon the road type:

1.

Minor street, 100 feet;

2.

Collector street, 300 feet;

3.

Arterial street, 500 feet;

4.

The minimum distance from intersection of two or more of the above streets will be 100 feet;

b.

The lot on which the dwelling is located will have adequate soil and water conditions to permit a well and two on-site sewer disposal system sites;

c.

The dwelling will not be in an area classified as wetlands or flood plains;

d.

The dwelling will be located so as to have frontage on an existing public road;

(2)

The minimum lot size for one single-family dwelling will be 40 acres of land, which land cannot be encumbered by an open space easement as set forth hereinafter. Each dwelling will be located on a separately subdivided lot and must meet the requirements of this section and subdivision 4 above;

(3)

One single-family dwelling may be allowed by conditional use permit on a separately subdivided lot of two acres of land providing that it meets the requirements of this subdivision; and that the subdivider will first grant to the city an open space easement over an additional 38 acres of land, in a form acceptable to the city attorney, to ensure that the additional 38 acres of land is thereafter restricted to agricultural uses, specifically excluding any residential uses, dwellings, or other uses involving structures which are not incidental to commercial agricultural uses, so as not to defeat the intent and purpose of this section. The additional 38 acres of land to be so restricted will not contain any dwelling or non-farm building and will not have been already restricted by an open space easement.

(4)

An additional single-family dwelling may be allowed by conditional use permits on one or more separately subdivided two-acre lots, on a lot of 40 acres or more which already contains a dwelling, providing that it meets the requirements of this subdivision; subdivision 4 above and applicable provisions of section 500; and that for each such two-acre lot, the subdivider must first grant to the city an open space easement over an additional 40 acres of land, in a form acceptable to the city attorney, to ensure that the additional 40 acres of land is thereafter restricted to agricultural uses, specifically excluding any residential uses, dwellings or other uses involving structures which are not incidental to commercial agriculture so as not to defeat the purpose of this section. The additional 40 acres of land to be so restricted will not contain any residential dwelling or non-farm buildings and will not have been already restricted by an open space easement.

(5)

The two-acre lot will have at least 200 feet of frontage on a publicly dedicated and maintained street and will have adequate buildable area so as to not require a variance to any section of the city code.

(d)

Ten acre lots and cluster dwellings in AP agriculture preserve district. Upon the request of an owner to change the zoning on the owner's property, the city council will consider changing the AP agricultural preserve district to A agriculture district if the property is located east of County Road 92.

(1)

Purpose. The purpose of these regulations is to allow, in certain instances, ten acre lots and to provide guidance, criteria, and incentive for residential cluster development in the agricultural preserve district east of County Road 92. These regulations do not apply in any other zoning district.

(2)

Definitions.

Agricultural use means the use of land for the growing and/or production of field crops such as barley, soybeans, corn, hay, oats, potatoes, rye, sorghum, or sunflowers.

Cluster development is a single-family residential development in which single-family dwellings are grouped on a portion of land with a significant amount of a site reserved as open space.

Conservation easement means a legal agreement creating an interest in real property created in a manner to impose limitations or affirmative obligations regarding the use of property including the retention, protection, and maintenance of open space.

Open space/usable open space use means land, which is preserved through the use of restrictive deed covenants, public dedications, or other methods. Developments within the agricultural preserve district must maintain 50 percent of its overall site acreage as open space. A minimum of one-half of the open space required by this section must be useable.

Useable open space must comply with all the following criteria:

a.

Land area will be above the 100-year flood plain elevation;

b.

Land area will be above the ordinary highwater level of "public waters" and "wetlands" as defined by Minn. Stats. § 103G.005;

c.

Land area will not contain hydric soils, surface or subsurface hydrology, and hydrophytic vegetation;

d.

Land area that satisfies criterion a, b, c, and e in this section, in lieu of easements, may be owned by a homeowners association; and

e.

Area required by this district is in addition to (not in lieu of) any public parkland dedication.

(3)

Two options. Instead of requiring lots in the agriculture preserve district to be 40 acres the city council will consider the following two options for lot sizes east of County Road 92.

a.

Ten acre lots. The council may all allow lots with a minimum of ten acres:

1.

Depth, width, coverage, and setbacks will be as set forth in the agriculture district.

b.

Cluster development lots. For property located in the agricultural preserve district east of County Road 92, the city council may allow single-family dwelling development at an overall density of six unit per 40 acres (one unit per 6.66 acres) provided all the following criteria are met:

1.

A maximum overall density of one single-family dwelling unit per 6.66 acres must be maintained.

2.

A minimum of 50 percent of the development must be preserved as open space.

3.

The preliminary plat must show a primary and secondary individual sewage treatment site for each dwelling unit and must be supported with soil tests that demonstrate compliance with Hennepin County Ordinance Number 19.

4.

Lots within the cluster development will not be less than 2.5 acres nor more than five acres.

5.

All lots within the cluster development must be served by a single, city street which meets the following standards:

*

Must have a minimum width of 24 feet.

*

Must be designed, properly graded and improved with a base of class 5 materials. A bituminous surface suitable for carrying the anticipated traffic load/volume is required.

6.

Open space must be designated in the development as one or more outlots and must be owned by a homeowners association.

7.

Open spaces will be protected by the placement of a conservation easement over them.

8.

Open space will be in a contiguous, connected configuration including or adjacent to existing natural areas or parks.

9.

Open space in long narrow corridors in back yards does not qualify as open space for conservation easements.

10.

The homeowners association will maintain the open space so that it is free of noxious weeds, litter, or debris.

11.

A minimum of 50 percent of the open space must be usable. Wetlands, streams, lakes, ponds, and lands within the 100-year flood plain elevation are not considered usable for purposes of this section.

12.

Residential properties must be buffered from incompatible uses with buffer areas aesthetically and functionally designed to minimize land use conflicts.

13.

A subdividers agreement must be entered into with the city.

(4)

Lot area, depth, width, coverage, setbacks. Lot area, depth, width, coverage, and setbacks will be subject to review and approval of the city council. However, lot area will not be less than 2.5 acres nor more than five acres.

(5)

Homeowners association criteria. A homeowners association will be established to permanently maintain all preserved open space. Homeowners association agreements will include the following:

a.

Legal description of the common lands or facilities.

b.

Membership in the association is mandatory for all purchasers of homes in the development and their successors.

c.

Restrictions placed upon the use and enjoyment of the lands or facilities including the persons or entities entitled to enforce the restrictions.

d.

A mechanism for resolving disputes among the owners or association members.

e.

Provide standards for scheduled maintenance of open spaces.

f.

A mechanism to assess and enforce the common expenses for the land or facilities including upkeep and maintenance expenses, real estate taxes, and insurance premiums.

g.

The conditions and timing of the transfer of ownership and control of land or facilities to the association.

h.

Any proposed change in the articles of association or incorporation will require the prior written approval of the city.

Subd. 1.

Intent. This district is related to and may reasonably adjoin high density or other residential districts for the location and development of administrative office buildings and related office uses which are subject to more restrictive controls. The office uses allowed in this district are those in which there is limited contact with the public and no exterior display or selling of merchandise to the general public;

Subd. 2.

Lot area, depth, width, coverage, setbacks, height standards:

*See section 505.07, subdivision 8.

Subd. 1.

Intent. This district may be located in separate areas adjacent to shopping centers and is intended to keep the basic retail areas compact and convenient, and in other separate areas to provide a district which may be located in close proximity to a major thoroughfare or highway;

Subd. 2.

Lot area, depth, width, coverage, setbacks, height standards:

*See section 505.07, subdivision 8.

(Revised 04/07/2008, Ordinance 327)

Subd. 1.

Intent. This district may be applied to land in single ownership or unified control for the purpose of developing a planned commercial center with a unified and organized arrangement of buildings and service facilities at key locations which are suitable for such use and which are centrally located within the residential area they are intended to serve.

Subd. 2.

Lot area, depth, width, coverage, setbacks, height standards:

*See section 505.07, subdivision 8.

(Revised 04/07/2008, Ordinance 327)

Subd. 1.

Intent. This district is established to accomplish the general purpose of this section and the comprehensive plan and the following specific purposes:

(a)

To provide employment opportunities;

(b)

To group industrial uses in locations accessible to rail and highways, so that the movement of raw materials, finished products and employees can be carried on efficiently in an unobstrusive manner;

(1)

Limitation. It is recognized that, while the city is predominately residential in character, industrial uses are an important part of the city land use pattern. The regulations for this district are intended to encourage individual development that is compatible with surrounding or abutting land uses. To accomplish this compatibility, development in the planned industrial district:

a.

Is limited to administrative, wholesaling, manufacturing, and related uses that can be carried on in an unobtrusive manner;

b.

Must provide suitable open spaces, landscaping and parking area; and

c.

Must establish a high standard of appearance and controls for external effects such as noise, smoke, and congestion.

Subd. 2.

Lot area, depth, width, coverage, setbacks, height standards:

*See section 505.07, subdivision 8

(Revised 04/07/2008, Ordinance 327)

Subd. 1.

Intent. This district is established to provide for governmental facilities, educational institutions and facilities, community service institutions and facilities, health care facilities and recreational facilities. See use chart located in section 505.13 for permitted, conditional, and restricted uses in this district.

Subd. 2.

Lot area, depth, width, coverage, setbacks and height.

Subd. 3.

Administrative procedure for development in the public/semi-public facilities district.

(a)

All new uses and developments within the public/semi-public facilities district shall require site plan review prior to issuance of any permits. If a proposed use is a conditional use, a conditional use permit must be applied for pursuant to section 505.05, subdivision 7 of the city code.

Subd. 4.

Performance standards in the public/semi-public facilities district.

(a)

Intent. It is the intent of this subdivision to provide that public/semi-public facilities and related activities will be established and maintained with proper appearance from streets and adjoining properties and to provide that such use will be a good neighbor to adjoining properties by the control of the items regulated in this section.

(b)

Standards.

(1)

Landscaping. All required yards shall either be landscaped or left in a natural state. If a yard is to be landscaped, it shall be landscaped attractively using grass, trees, shrubs, and similar vegetation. Landscaping shall be completed within one year after the issuance of the certificate of occupancy. All areas on the property shall be maintained in a sightly and well-kept condition. Yards adjoining residence districts must include a landscaped buffer for screening purposes. Landscaping plans for buffers shall be submitted to the city for approval as part of the site plan application and installed prior to the issuance of a certificate of occupancy. Landscaping required by this subdivision shall be in addition to the tree preservation requirements of section 510.07 of city code.

(2)

Glare and heat. Any use requiring an operation producing an intense heat or light transmission shall be performed with the necessary shielding to prevent such heat or light from being detectable at the lot line of the site.

(3)

Exterior lighting. All exterior lighting shall be designed and arranged so as not to direct any illumination upon or into any contiguous residential districts. No exterior lighting shall be arranged and designed so as to create direct viewing angles of the illumination source by pedestrian or vehicular traffic in the public right-of-way. Lenses, deflectors, shields, louvers and prismatic control devices shall be used so as to eliminate nuisance and hazardous lighting. Lighting fixtures for outdoor sports and recreational facilities that adjoin residential uses shall be designed to eliminate reflected glare and spill light from the bottom one-third of the reflector and to shield the view of the arc tube from the residential property.

(4)

Noise. Noise shall be muffled or otherwise controlled so as not to become a nuisance. Noise levels shall be regulated by the standards set forth by the Minnesota Rules.

(5)

Vibrations. Vibrations must not be discernable at any property line to the human sense of feeling for three minutes or more in duration in any one hour. Vibration of any kind will not produce an acceleration of more than 0.1 gravities or will result in any combination of amplitudes and frequencies beyond the "safe" range of Table VII United States Bureau of Mines Bulletin No. 442, Seismic Effects of Quarry Blasting, on any structure. The methods and equations of said Bulletin No. 442 will be used to compute all values for the enforcement of this provision. Said Bulletin is incorporated herein by reference.

(6)

Odors, smoke, dust, fumes, water and waste. The design, construction and performance of all public/semi-public facilities uses will be in conformance with all applicable laws and regulations.

(7)

Rules pertaining specifically to city parklands, city-owned land, and other city-controlled parks, trails, or open spaces:

a.

Closed daily from 10:00 p.m. to 7:00 a.m.;

b.

Alcoholic beverages are prohibited, unless in specified areas;

c.

Dogs must be leashed or under verbal control at all times;

d.

Pet waste must be removed immediately;

e.

No littering;

f.

No motorized vehicles allowed, except vehicles in designated parking areas and governmental vehicles;

g.

Swimming or other recreational activities shall not be conducted on or in city stormwater ponds or basins.

(8)

Any person violating any provision of section 505.43, subdivision 4(7) shall be guilty of a misdemeanor and shall be punished in accordance with Minn. Stats. § 609.03, as amended.

(c)

Compliance. In order to ensure compliance with the performance standards and rules set forth above, the city council may require the owner or operator of any use to make such investigations and tests as may be required to show adherence to the performance standards. Such investigation and tests that are required to be made must be carried out by an independent testing organization which will be selected by the city. The costs incurred in such investigation or testing must be ordered by the owner or operator and will be shared equally by the owner or operator and the city unless the investigation and tests disclose noncompliance with the performance standards; in which situation the investigation and testing costs shall be paid by the owner or operator.

(Revised 03/03/2008, Ordinance 320)

Subd. 1.

Purpose. The purpose of the planned unit development (PUD) zoning district is to provide greater flexibility in the development of neighborhoods and non-residential areas in order to maximize public values and achieve more creative development outcomes while remaining economically viable and marketable. This is achieved by undertaking a collaborative process that results in a development outcome exceeding that which is typically achievable through the conventional zoning district. If a development proposal does not demonstrate significant public value benefits above and beyond those achievable under a conventional zoning district, the city reserves the right to deny the PUD rezoning and direct the developer to re-apply under the standard applicable zoning district.

Subd. 2.

Definitions.

Conventional development is defined as a development proposal that meets the minimum requirement of the city's ordinances regulating development.

Open space means land or common areas reserved for parks, walking paths or other natural uses.

Open space, useable means open space which will be publicly or privately owned and maintained by a homeowners association, excluding wetlands designated by federal or state agencies, areas below the 100-year ordinary high water elevations (OHW) and streets and roadways.

Life-cycle housing refers to the range of housing options that meet people's preferences and circumstances at all of life's stages. Such options include both rental and for-purchase homes that are affordable for low and median-income buyers and for the move-up market.

Public values collaborative development is a process that results in a development plan in which clearly defined public values are achieved in exchange for greater flexibility on conventional development requirements.

Subd. 3.

Reflection on the official zoning map. PUD provisions provide an optional method of regulating land use which permits flexibility in the uses allowed and other regulating provisions. In some circumstances, however, rules and regulations governing the underlying zoning district may apply within the PUD. As such, approval of a PUD and execution of a PUD agreement shall require the property in question be rezoned to PUD, but the denotation on the official zoning map shall also illustrate the underlying zoning district. Once a PUD has been granted and is in effect for a parcel, no building permit shall be issued for that parcel which is not in conformance with the approved PUD plan, the building code, and with all other applicable city code provisions.

All PUD rezonings approved prior to the effective date of this section shall retain their zoning classifications of PUD, and shall continue to be governed by the ordinance and resolutions which created these areas.

Subd. 4.

Appropriate use of the PUD rezoning. A rezoning to PUD may be requested for any residential or commercially zoned area. PUDs are prohibited in the industrial districts.

(a)

Rezonings to PUD will not be considered for areas less than eight acres of land in single ownership or control, except in the following circumstances:

(1)

Natural features of the land are such that development under standard zoning regulations would not be appropriate in order to conserve such features;

(2)

The land is intended to be developed in accordance with a prior PUD adjacent to or across the street from the subject property; or

(3)

The PUD process is desirable to ensure compatibility and careful consideration of the effect of a development on surrounding land uses.

(b)

Application for a PUD may be made only by the owner of the land involved in the PUD application, or an option/contract holder provided the application is accompanied by fully executed agreements or documents from the owner in a form acceptable to the city.

Subd. 5.

Permitted uses. Uses within a PUD shall be governed by the ordinance establishing the PUD and by the conditions, if any, imposed by the city in the approval process. If a specific use is not established or addressed by a PUD ordinance, said use shall be governed by the underlying zoning district regulations designated by the comprehensive plan.

Subd 6.

Expectations of a development seeking a rezoning to PUD. The provisions of this section are intended to achieve the following public values within a PUD zoning district and associated subdivision:

(a)

Maintain the sense of open space character of the community. Open space shall be of a size, shape, location, and usability for its proposed purpose. Whenever possible, common open space shall be linked to the open space areas of surrounding developments;

(b)

Preserve natural open spaces for their aesthetic and ecological values and provide buffering between developments and adjacent roadways;

(c)

Maximize the use of ecologically-based approaches to stormwater management, restore or enhance on-site ecological systems, and protect off-site ecological systems including the application of Low Impact Development (LID) practices;

(d)

Provide high-quality park, open space, and trail opportunities that meet or exceed the provisions of the parks, trails, and open space plan;

(e)

Minimize the extent of the development footprint and impervious surfaces to the extent possible to reduce initial infrastructure costs and long-term maintenance and operational costs;

(f)

Ensure long-term stewardship of natural resources for all lands set aside as parks, open spaces, and other forms of conservation lands;

(g)

Provide a convenient and efficient multi-modal transportation system to service the daily needs of residents at peak and non-peak use levels, where possible;

(h)

Foster economic and cultural diversity by providing a complementary mix of lifecycle housing;

(i)

Encourage conservation of energy and other resources to enhance the prospects for creating a sustainable community;

(j)

Promote aesthetically-pleasing design and high quality construction consistent with the community's desired sense of place and quality of life expectations and harmonious with the natural setting. A PUD shall strive to creatively integrate multiple structure types and land uses in a harmonious plan that preserves, enhances, and protects natural features. The integrated design shall include elements such as building orientation and materials, utilities, parking areas, traffic and pedestrian circulation, and open spaces. A PUD which only involves one building or housing type, such as all detached or all attached units, shall not necessarily be considered as inconsistent with the stated purposes and objectives of this section and shall not be the sole basis for denial or approval. Architectural style of buildings shall not be the sole basis for denial or approval of a plan. However, the overall appearance and compatibility of individual buildings to other site elements or to surrounding development will be primary considerations in the review stages of the planning commission and city council.

Subd. 7.

Areas of flexibility.

(a)

The city shall consider an increase in the number of overall units and associated reductions in lot width and size, if the PUD provides substantially more site amenities and public values, as outlined in subdivision 6, than could be achieved in a conventional residential development for the applicable zoning district;

(b)

The city shall consider a decrease in the amount of road width required or right-of-way requirements if the PUD provides substantially more site amenities, as outlined in subdivision 6, than are found in a conventional residential development for the applicable zoning district. Specifications and standards for streets, utilities, and other public facilities shall be at the discretion of city council and must protect the health, safety, comfort, aesthetics, economic viability, and general welfare of the city.

(c)

The city shall consider flexibility with regard to lot size, width, and depth when reviewing a PUD rezoning request. Specifications and standards for lots shall be at the discretion of city council, and shall encourage a desirable living environment which assists in achieving the goals set out for PUDs.

(d)

The city shall consider flexibility in the phasing of a PUD development. Changes to the proposed staging or timing of a PUD may be approved by the city council when necessary, or on the showing of good cause by the developer.

Subd. 8.

PUD procedure. All requests for rezoning to planned unit development shall follow the steps outlined below.

(a)

Collaborative process and project goal setting.

(1)

The applicant shall meet with the city staff for a pre-application conference prior to submittal of a concept to the city. The primary purpose of the conference is to allow the applicant and staff an opportunity to review the comprehensive plan and to make a preliminary determination if the proposal is conducive to a PUD rezoning.

(2)

City staff and the applicant shall work together to schedule a concurrent work session with policymakers of the city (planning commission, parks commission, and city council) to discuss the public values on the site, using the established public values in subdivision 6 of this section as a guideline. The result of this meeting will be a public values statement.

(3)

At an appropriate point during the process, the applicant shall hold a neighborhood meeting. The city and all owners or property within 1,000 feet of the PUD (or a larger area as determined by the city) shall be given notice of the meeting. The purpose of the meeting is to inform the neighborhood of the proposed PUD, discuss the concepts and basis for the plan being developed and to obtain information and suggestions from the neighborhood.

(4)

The applicant shall be responsible for the costs incurred by the city for attorney, engineering, or other consultant fees during these pre-application activities.

(b)

PUD concept plan review.

(1)

Prior to formal application to the city, the applicant shall prepare an Informal concept plan and present it to the planning and parks commission and city council at a concurrent work session, as scheduled by staff. The purpose of this meeting is to determine if all parties are on a common track and if the development reflects the stated public values;

(2)

Formal application shall be made to the city, and a thorough review and staff report with a recommendation shall be forwarded to the planning and parks commission;

(3)

The parks commission shall review the PUD rezoning request, and make a recommendation with regard to the park layout, amount of land dedicated (or cash in-lieu), and the proposed park and trail improvements within the concept plan;

(4)

The planning commission shall review the PUD rezoning request, and make a recommendation to the city council with regard to the plat layout, design, density, deviations, and achieved public values of the concept plan;

(5)

The council shall consider the recommendations of the parks and planning commissions and provide feedback with regard to the proposed deviations, proposed public values, and any other aspect of the application. The council shall make a motion that the applicant move forward with the rezoning request, or direct the applicant to submit under the conventional zoning districts.

(6)

Inter-agency partnerships. After the city policymakers have reviewed and commented on the concept PUD plan, city staff shall meet with other agencies, as applicable, to explore opportunities of partnership to enhance the stated public values.

(c)

PUD rezoning review.

(1)

The planning department shall review an application for a rezoning to PUD in conjunction with a preliminary plat application under the subdivision regulations. Staff will utilize the criteria established in subdivision 6 of this section as well as the public values statement to formulate a recommendation regarding the rezoning to the planning commission and city council. Staff shall draft a proposed ordinance to rezone the subject property and present it to the planning commission and city council;

(2)

The planning commission shall hold a public hearing and consider the application's consistency with the intent and purpose of the PUD and comprehensive plan goals. The planning commission shall make recommendations to the city council on the merit, needed changes, and suggested conditions of the proposed rezoning and PUD plan;

(3)

In approving or denying the ordinance to rezone the subject property to PUD, the city council shall make findings on the following:

a.

The PUD plan is consistent with the city's comprehensive plan;

b.

The PUD plan is tailored to the specific characteristics of the site and achieves a higher quality of site planning and greater public benefits than would be achieved under conventional provisions of the ordinance;

c.

The PUD plan preserves and enhances natural features and open spaces;

d.

The PUD plan maintains or improves the efficiency of public streets, utilities, and other public services;

e.

The PUD plan results in development compatible with existing adjacent and future guided land uses;

f.

How the PUD plan addresses the purpose and intent of the PUD rezoning, as stated in subdivision 1 of this section.

(4)

Duration of a PUD rezoning action. A final plat that conforms with the preliminary plat and associated PUD rezoning ordinance shall be submitted within 180 days of approval of the ordinance and preliminary plat approval, unless otherwise extended by the city council. If the applicant fails to submit a final plat application or extension request within this time period, the zoning shall revert back to the underlying zoning district through a rezoning ordinance adopted by the city council.

Subd. 9.

Submittal requirements.

(a)

Pre-application process. A site analysis shall be submitted in anticipation of the pre-application activities, including the following information:

(1)

Location of wooded areas or significant features (environmental, historical, cultural) of the parcel;

(2)

Indicate the base flood elevation level and show the general location of floodways and/or flood fringe areas;

(3)

Delineation of the ordinary high water levels of all water bodies;

(4)

Delineation of the shoreland district boundary (if applicable);

(5)

A plan, including detailed information regarding the layout of the lots and outlots, the proposed parks, trails, open space, and other common areas, and a yield plan which indicates how the plat would be designed under conventional zoning standards;

(b)

Concept PUD plan. An applicant should submit the following information for the formal concept PUD plan to be considered complete:

(1)

A completed land use application and payment of applicable fees;

(2)

A PUD concept plan, including detailed information regarding the layout of the lots and outlots, the proposed parks, trails, open space, and other common areas, and a yield plan which indicates how the plat would be designed under conventional zoning standards;

(3)

A written narrative which outlines how the plan will meet the purpose of the PUD rezoning, how the plan addresses the public values, as stated in subdivision 6 and in the public values statement, and what deviations from code are being requested;

(4)

An updated site analysis, as outlined above;

(5)

Any other additional information as required by staff.

(c)

PUD rezoning plan. The following information shall be submitted in order to for an application to be considered complete:

(1)

A completed land use application and payment of applicable fees;

(2)

A completed preliminary plat application, as outlined in the subdivision regulations section of this chapter;

(3)

A PUD rezoning plan, including detailed information regarding the layout of the lots and outlots, the proposed parks, trails, open space, and other common areas, and a yield plan which indicates how the plat would be designed under conventional zoning standards;

(4)

A written narrative which outlines how the plan will meet the purpose of the PUD rezoning, how the plan addresses the public values, as stated in subdivision 6 and in the public values statement, and what deviations from code are being requested;

(5)

An updated site analysis, as outlined above;

(6)

If it is proposed to develop a project over a timeframe exceeding two years, the applicant may request preliminary approval of a master PUD plan for an entire project to be completed in phases;

(7)

Three sets of labels listing the names and addresses of all property owners within 1,000 feet of the subject property. Labels shall be obtained from Hennepin County;

(8)

Any other additional information, as requested by staff.

Subd. 10.

Development agreement. Upon approval of the PUD plan and the final plat, the city and applicant shall work together to prepare a development agreement which references all PUD plans, specifies permitted uses, allowable densities, development phasing, required improvements, completion dates for improvements, the required letter of credit, all required development fees, escrows, and warranties, and any other information deemed necessary by the city.

Subd. 11.

PUD plan amendments. Approved PUD plans may need to be amended from time to time as a result of unforeseen circumstances, overlooked opportunities, or requests from a developer. At such a time, the applicant shall make an application to the city for a PUD amendment. All such amendments will be processed as one of the following:

(a)

Administrative amendment. The city planner may approve minor changes in the location, placement, and height of buildings if such changes are required by engineering or other circumstances not foreseen at the time the final plat and plan were approved, provided the changes are minor and conform to the review criteria applied by the planning commission and city council. Under no circumstances shall an administrative amendment allow additional stories to buildings, additional lots, or changes to designated uses or open space established as part of the PUD.

(b)

PUD adjustment. In circumstances where an adjustment to the number or size of lots, proposed additional stories, or changes uses or open space, an adjustment to a PUD may be made through review and approval by the city council with or without referral to the planning commission. To qualify for this review, the minor adjustment shall not:

(1)

Eliminate, diminish or be disruptive to the preservation and protection of sensitive site features.

(2)

Eliminate, diminish or compromise the high quality of site planning, design, landscaping or building materials.

(3)

Alter significantly the location of buildings, parking areas or roads.

(4)

Increase or decrease the number of residential dwelling units by more than five percent.

(5)

Increase the gross floor area of non-residential buildings by more than three percent or increase the gross floor area of any individual building by more than five percent (residential lots not guided for specific structure sizes are excluded from this requirement).

(6)

Increase the number of stories of any building.

(7)

Decrease the amount of open space or alter it in such a way as to change its original design or intended function or use.

(8)

Create non-compliance with any special condition attached to the approval of the final PUD plan.

(c)

PUD plan amendment. Any change not qualifying for an administrative amendment or a PUD adjustment shall require a PUD amendment. An application to amend a PUD shall be administered in the same manner as that required for an initial PUD beginning at preliminary plan. If such an amendment involves changing a plat that has been through final plat approval, a new final plat application must be made, per section 500.19, subdivision 3(g).

Subd. 12.

Cancellation. A PUD shall only be cancelled and revoked upon the city council adopting an ordinance rescinding the ordinance approving the PUD. In any event, it shall not be necessary for the council to find the creation of a PUD district was in error.

Subd. 13.

Administration. In general, the following rules shall apply to all PUDs:

(a)

No requirement outlined in the PUD process shall restrict the city council from taking action on an application if necessary to meet state mandated time deadlines;

(b)

The city may require that PUD plans be certified at the time of submittal and/or upon completion of construction;

(c)

No building permit shall be granted for any building on land for which a PUD plan is in the process of review, unless the proposed building is allowed under the existing zoning and will not impact, influence, or interfere with the proposed PUD plan;

(d)

In the event any real property in the approved PUD agreement is conveyed in total, or in part, the buyers thereof shall be bound by the provisions of the approved final PUD plan constituting a part thereof; provided, however, that nothing herein shall be construed to create non-conforming lots, building sites, buildings or uses by virtue of any such conveyance of a lot, building site, building or part of the development created pursuant to and in conformance with the approved PUD.

(Revised 02/04/2008, Ordinance 319)

Subd. 1.

Affected properties. This section shall affect properties within the identified Six Mile Marsh protection zone established by ordinance 274.

Subd. 2.

Protection from future development. The city recognizes that limiting development along Six Mile Marsh is critical to realizing the purposes outlined in section 600.01 of this code. For those purposes, lots within the Six Mile Marsh protection zone legally in existence on June 6, 2003, will be subject to the following:

(a)

No subdivision will result in more than one riparian lot with legal access to the marsh;

(b)

Legal access to a permitted dock on the riparian lot will be provided for inland parcels which are assigned rights to watercraft storage;

(c)

If an outlot is created to coordinate marsh access, the outlot and dock must be owned and maintained by a homeowner's association.

Subd. 3.

Protection from overuse. The city recognizes that limiting use of Six Mile Marsh is critical to realizing the purposes outlined in section 600.01 of this code. Furthermore, while a general channel exists within the marsh, continual changes in water level and wetland vegetation dictate that uses which may be appropriate given current conditions may be inappropriate as those conditions change. Given this fact and the city's stated goal of protecting Six Mile Marsh, lots with legal riparian access within the Six Mile Marsh protection zone legally in existence on June 6, 2003, are subject to the following:

(a)

Only one dock or mooring area is allowed;

(b)

No dock or mooring areas may be constructed or established which provides space for or are used for mooring or docking of more than two watercraft;

(c)

Subsequent subdivision of any legal lot on Six Mile Marsh must require that watercraft storage right on the single dock be assigned to individual lots, and a yearly multiple dock license be obtained in accordance with provisions in chapter VI of this code.

Subd. 1.

Statutory authorization. This section is adopted pursuant to the authorization and policies contained in Minn. Stats. ch. 103F, Minnesota Regulations, Parts 6120.2500—6120.3900.

Subd. 2.

Purpose. The uncontrolled use of shorelands of the city affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise development of shorelands of public waters. The legislature of Minnesota has delegated responsibility to the municipalities of the state to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, preserve the economic and natural environmental values of shorelands, and provide for the wise utilization of waters and related land resources, and to protect these areas from encroachment by commercial and industrial establishments.

Subd. 3.

Conflict with pre-existing zoning regulations. The shoreland district will be considered an overlay zoning district to all existing land use regulations of the community. The uses permitted in subdivision 7 below will be permitted only if not prohibited by any established, underlying zoning district. The requirements of this section will apply in addition to other legally established regulations of the community and where this section imposes greater restrictions, the provisions of this section will apply.

Subd. 4.

Notification procedures.

(a)

Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under local shoreland management controls must be sent to the DNR commissioner or the commissioner's designated representative, and be postmarked at least ten days before the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat.

(b)

A copy of approved amendments and subdivisions/plats, and final decisions granting variances or conditional uses under local shoreland management controls must be sent to the DNR commissioner or the commissioner's designated representative and postmarked within ten days of final action.

Subd. 5.

Shoreland classification.

(a)

In order to guide the wise development and utilization of shoreland, certain protected waters in the city have been given a shoreland management classification.

(b)

These protected waters of the city have been classified by the commissioner of natural resources as follows:

Subd. 6.

Shoreland district established. The shorelands designated in subdivision 5 above are hereby designated as a shoreland district. The map attached to Ordinance No. 268 is designated as the official shoreland zoning map of the city. Final determination of the exact location of land use district boundaries shall be made by the zoning administrator, subject to appeal to the board of appeals and adjustments as provided in section 505.05, subdivision 2.

Subd. 7.

Allowable uses.

(a)

Permitted uses. The permitted uses listed in the underlying zoning district shall be permitted in the shoreland overlay district as well, with the following additions and modifications:

(1)

No wetlands will be drained to facilitate cultivation of shoreland areas;

(2)

Parks, waysides and golf courses may not maintain overnight camping facilities;

(3)

Permitted are aerial or underground utility line crossings such as electrical, telephone, telegraph, or gas lines, which provide essential services to other permitted uses.

(b)

Conditional uses. The conditional uses listed in the underlying zoning district shall be conditionally permitted in the shoreland overlay district as well.

(c)

Prohibited uses. Any uses which are not permitted or conditional uses are prohibited.

Subd. 8.

Lot area, width, setbacks, coverage. The following standards shall apply to all shorelands of the protected waters listed in subdivision 5 above except where superseded by the flood plain district as defined in section 510.05, or where the standards of the underlying zoning district are more restrictive, and then the more restrictive provisions will prevail:

(a)

Unsewered areas. All land not served by municipal sanitary sewer within a designated shoreland district shall be subject to the following requirements:

(b)

Sewered areas. Land served by municipal sanitary sewer within a designated shoreland district shall be subject to the following requirements:

Lot width at both the lakeshore building setback line and at the OHW shall be equal to or greater than the minimum required rear yard lot width for the underlying zoning district.

Subd. 9.

Substandard lots. Lots of record in the office of the Hennepin County Register of Deeds (or registrar of titles) prior to May 5, 1986 which do not meet the requirements of subdivision 8 above may be allowed as building sites provided:

(a)

Such use is permitted in the shoreland district;

(b)

The lot is in separate ownership from abutting lands; and

(c)

All other sanitary and dimensional requirements of this section are complied with insofar as practical.

Subd. 10.

Bluff and shore impact zones. Structures and accessory facilities, except stairways and landings, must not be placed within bluff or shore impact zones unless specifically allowed by this code.

Subd. 11.

Roads, parking areas, and impervious surfaces. Roads, parking areas and impervious surfaces in shoreland districts shall be located to retard runoff to surface waters in accordance with the following criteria:

(a)

Where feasible and practical, all roads, parking areas and impervious surfaces shall meet the setback requirements established for structures in subdivision 8 above.

(b)

In no instance will impervious surfaces be placed less than 50 feet from the ordinary high water mark.

(c)

Natural vegetation or other natural materials will be used to screen parking areas when viewed from the water.

(d)

When constructed facilities are used for stormwater management, documentation must be provided by a qualified individual that they are designed and installed consistent with the field office technical guide of the local soil and water conservation districts.

(e)

Newly constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge.

(f)

Public and private watercraft access ramps, approach roads, and access-related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this subpart are met.

Subd. 12.

Dock exceptions to structure setback requirements. Structural setback requirements from the ordinary high water mark in shoreland districts shall not apply to docks. Location of docks shall be controlled by applicable state and local regulations.

Subd. 13.

Shoreland alterations. Natural vegetation in shoreland areas shall be preserved to the maximum extent possible in order to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat. To achieve these goals, all shoreland alterations shall be subject to the following:

(a)

Clear cutting and removal of natural vegetation is prohibited, subject to the allowances and penalties outlined by this section.

(b)

Natural vegetation shall be restored to the maximum extent possible in conjunction with any approved project.

Subd. 14.

Allowable vegetation alterations.

(a)

Agricultural uses. General cultivation, farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting may be allowed if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or operated under an approved conservation plan (resource management systems) consistent with the field office technical guides of the local soil and water conservation districts or the United States Soil Conservation Service, as provided by a qualified individual or agency.

(b)

Timber harvesting. Vegetation alteration involving the harvesting of timber and associated reforestation shall be allowed provided such be conducted consistent with the provisions of the Minnesota Nonpoint Source Pollution Assessment-Forestry and the provisions of Water Quality in Forest Management "Best Management Practices in Minnesota."

(c)

Public projects. Vegetation alterations necessary for the construction of structures, sewage treatment systems, roads, parking areas, and other public projects with plans approved by the city shall be allowed.

(d)

Private projects. Grading and filling or any other substantial alteration of the natural topography in shoreland areas shall be subject to the requirements of the applicable state regulations, city code, policy requirements, and to the following standards:

(1)

The smallest amount of bare ground shall be exposed for the least amount of time feasible, as determined by the city.

(2)

Temporary ground cover shall be used, and permanent vegetative cover shall be provided.

(3)

Methods to prevent erosion and to trap sediment shall be employed consistent with the city's policies and regulations.

(4)

Fill shall be stabilized to accepted engineering standards as verified by the city engineer.

(5)

In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and water craft access areas, provided that:

a.

The screening of structures, vehicles, or other facilities as viewed from the water assuming summer, leaf-on conditions is not substantially reduced;

b.

Along rivers, existing shading of water surfaces is preserved;

c.

A clearing, if created, shall be limited to a strip 30 percent of lot width or 30 feet, whichever is lesser, parallel to the shoreline and extending inward within the shore and bluff impact zones;

d.

Removal of exotic species of plants is permitted. Removal of clusters of vegetation that contain both native and exotic species is prohibited. If the exotic species removal results in disturbance of the soil or areas of bare soil, the disturbed areas shall be replanted with native species;

e.

The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards;

f.

Natural vegetation shall be restored insofar as feasible after any construction project is completed to retard surface runoff and soil erosion.

Subd. 15.

Violations to vegetation alteration codes. Violation of this section shall be subject to any and all penalties established by this code, and shall be rectified in the following manner:

(a)

Upon notification of the violation, the violating party shall immediately erect silt fencing and/or any other erosion control measures deemed necessary by the city to prevent sediment run-off. The city shall have the authority to take corrective action to prevent immanent sediment run-off if the violating party refuses or fails to do so in a timely manner. The violating party shall be responsible for the cost of any and all work performed by the city.

(b)

Within 14 days of notification, the violating party shall submit to the city a replanting plan for the disturbed area subject to the following:

(1)

If the illegal vegetation alteration resulted in disturbance to soil stability, said plan shall document the types of natural vegetation to be planted throughout the disturbed area;

(2)

If the illegal vegetation alteration included clearing trees in a manner inconsistent with code, the replanting plan shall incorporate replacement trees in the areas outside the allowed clearing area. The number of trees to be replaced shall be equal to the estimated number of trees illegally removed;

(3)

The plan shall indicate all erosion control measures to remain in place until such a time as the newly planted vegetation can protect the slope.

(c)

The replanting plan shall be reviewed by city staff who reserves the right to make any necessary changes to ensure proper restoration of the disturbed area (this includes but is not limited to changes to types of seed being planted, species of replacement trees, etc.).

(d)

Within 14 days of administratively approving the restoration plan, the violating party shall implement the plan and complete all restoration work.

(e)

Failure of the violating party to meet any of the above deadlines shall be a misdemeanor and shall also subject the violating party to civil and/or administrative assessment for costs and damages caused by the violation.

Subd. 16.

Planned unit developments within shoreland districts. Planned Unit developments within shoreland districts must follow the criteria, procedures, and application requirements set forth in section 505.45 of this chapter. Additionally, the following criteria must be followed:

(a)

Central sewage facilities will be installed which meet applicable standards of the Minnesota Pollution Control Agency or the PUD is connected to a municipal sanitary sewer;

(b)

Open space is preserved through the use of restrictive deed covenants, public dedications, permanent easement, or other equally effective or permanent means. PUD's within the shoreland district must maintain 50 percent of its overall site acreage as open space. Open space areas should contain areas with physical characteristics unsuitable for development in their natural states, or historical sites. Open space may include recreational facilities, subsurface sewage treatment system, water-oriented accessory structures or other similar facilities.

(c)

A minimum of 70 percent of the shore impact zone, based on normal structure setbacks, must be preserved in their natural vegetative state. Invasive species are permitted to be removed, with the submittal of a vegetation management plan;

(d)

The following procedures and standards to determine the suitable density of a development in the shoreland district shall be utilized:

(1)

The shoreland overlay district shall be divided into tiers by locating a line approximately parallel to a line that identifies the ordinary high water level at the following intervals, proceeding landward, per the DNR chart:

The tier area is calculated by determining the net area within each tier, deducting wetlands, bluffs, and any areas below the ordinary high water mark.

(2)

The suitable net areas within each tier is divided by the single residential lot size standard for the shoreland district, which results in the number of units permitted within each tier.

(3)

Increases to the dwelling unit densities are allowed under the following circumstances, and are subject to the discretion of the city, but shall under no means by increased by more than 50 percent in the first tier and 100 percent in the second tier, 200 percent all additional tiers:

a.

Structure setbacks are increased by 50 percent; or

b.

Structure setbacks are increased by 25 percent and the impact on the waterbody is reduce an equivalent amount through vegetative management, topography, or additional means acceptable to the city.

(e)

Any commercial, recreational, community, or religious facility allowed as part of the PUD will conform to all applicable federal and state regulations including, but not limited to the following:

(1)

Licensing provisions or procedures;

(2)

Waste disposal regulations;

(3)

Water supply regulations;

(4)

Building codes;

(5)

Safety regulations;

(6)

Regulations concerning the appropriation and use of protected waters as defined in Minn. Stats. § 103G.005; and

(7)

Applicable regulations of the Minnesota Environmental Quality Board.

(f)

The final plan for a PUD will contain no major alterations unless approved in writing by the developer, the city and the commissioner of the department of natural resources;

(g)

There are centralized shoreline recreation facilities such as beaches, docks and boat launching facilities. Evaluation of suitability must include consideration of land slope, water depth, vegetation, soils, depth to groundwater and bedrock, or other relevant factors. The number of spaces provide for continuous beaching, mooring, or docking of watercraft must not exceed one for each allowable dwelling unit or site in the first tier (notwithstanding existing mooring sites in an existing commercially used harbor). Launching ramp facilities, including a small dock for loading and unloading equipment, may be provided for use by occupants of dwelling units or sites located in other tiers.

Subd. 17.

Stairways, lifts, and landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts shall not be subject to setback requirements provided the following design requirements are met:

(a)

Stairways and lifts must not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties, public open-space recreational properties, and planned unit developments;

(b)

Landings for stairways and lifts on residential lots must not exceed 32 square feet in area;

(c)

Canopies or roofs are not allowed on stairways, lifts, or landings;

(d)

Stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion;

(e)

Stairways, lifts, and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf-on conditions, whenever practical; and

(f)

Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards in clauses (a) to (e) above are met.

Subd. 1.

Purpose. The purpose of this overlay district is to identify certain parcels within the city that are subject to a set of specific density and unit number guidelines for development, as originally set forth by the 2006 Comprehensive Plan Amendment (2006 CPA), and appearing in subsequent revisions/updates of the Minnetrista Comprehensive Plan. These parcels are identified on the Official Zoning Map of the city.

Subd 2.

Uses permitted. The permitted, accessory and conditional uses in the 2006 CPA overlay district are the same as those authorized in the associated underlying zoning district of each parcel or development site.

Subd. 3.

Conflict with pre-existing zoning regulations. When there is conflict between the underlying zoning district and the development standards set forth in this section, the standards in this section shall apply. The city and applicant shall make a reasonable attempt to reconcile these discrepancies through subdivision and/or building design.

Subd. 4.

Permitted densities and minimum number of new housing units. The following development sites are subject to the listed minimum number of residential units, in accordance with the 2006 CPA (and subsequent updates or amendments) reviewed and approved by the Metropolitan Council. It is the responsibility of the city to ensure the minimum number of units is accommodated through subdivision review, unless otherwise amended and agreed to by the Metropolitan Council:

If an individual parcel within a development site is developed separately, it must develop with the minimum number of dwelling units equal to its proportionate share, based on acreage, of the number of dwelling units assigned to the development site.