Monticello City Zoning Code

FINISHING STANDARDS

§ 153.060 LANDSCAPING AND SCREENING.

(A) Section organization. The Monticello landscaping and screening standards are organized into the following main divisions:

(1) Division (B), Purpose and Intent. Sets out the purpose and intent for the standards;

(2) Division (C), General Requirements for Landscaping. Includes the applicability provisions, requirements for landscaping plans, and standards for new plantings;

(3) Division (D), Landscaping Plan Requirements. Outlines the specific information that must be supplied to the city anytime a landscape plan is required by this chapter;

(4) Division (E), Standards for Site Landscaping. Introduces standards for foundation plantings around some buildings;

(5) Division (F), Alternative Landscaping Plan. Includes the procedures and standards for review of alternative landscaping plans;

(6) Division (G), Standards for Vehicular Use Area Landscaping. Includes the standards for landscaping around the perimeter and within vehicular use areas;

(7) Division (H), Standards for Perimeter Buffers. Includes the landscaping buffer standards applied to the edges of some base zoning districts;

(8) Division (I), Standards for Required Screening. Includes the screening requirements for site features like refuse, loading, and service areas ;

(9) Division (J), Zoning Specific Landscaping Standards. Includes specific landscaping standards specific to zoning district.

(10) Division (K), Landscaping Installation and Maintenance Standards. Includes the other standards for landscaping installation, timing, maintenance, monitoring for compliance, and incentives.

(B) Purpose and intent. It is the purpose of this section to promote and protect the public health, safety and general welfare by providing for the planting and maintenance of trees, shrubs, and other plants within the city. The intent of this section is to promote this purpose by:

(1) Ensuring and encouraging the planting, maintenance, restoration and survival of trees, shrubs, and groundcover;

(2) Ensuring the protection of community residents and visitors from personal injury and property damage, and the protection of the city from property damage, caused or threatened by the improper planting, maintenance or removal of trees, shrubs, or other plants;

(3) Mitigating against erosion and sedimentation;

(4) Reducing stormwater runoff and the costs associated therewith;

(5) Preserving and protecting the water table and surface waters;

(6) Reducing audible noise from automobiles and land uses;

(7) Restoring soils and land denuded as a result of construction or grading;

(8) Increasing the tree canopy to provide shade and moderate the effect of urban heat islands;

(9) Limiting glare created by exterior lighting;

(10) Reducing visual pollution from the urban environment and increasing privacy between incompatible uses;

(11) Protecting and enhancing property values and aesthetic qualities;

(12) Helping to differentiate streets and other areas of the public realm from private lands;

(13) Providing additional improvements to air quality through the carbon dioxide uptake process provided by trees and landscaping; and

(14) Providing visual screening, where appropriate.

(1) Applicability of landscaping standards.

(a) General. Except as exempted by § 153.060(C)(1)(b) below, the standards in § 153.060 shall apply to all development in the city.

(b) Exemptions. Development in the CCD shall be exempt from the perimeter vehicular use area landscaping standards in § 153.060(F)(3).

(c) Landscape plan. To ensure compliance with the standards of this section, a landscape plan demonstrating how landscaping will be planted on a development site shall be included as a part of any application when required by the Community Development Department.

(2) Planting standards. Plantings provided in accordance with this section shall comply with the following standards:

(a) Deciduous canopy or shade trees shall be a minimum of two caliper inches in size at the time of planting, as determined in the American Standard for Nursery Stock, ANSI Z60.1-2004, as amended.

(b) Evergreen canopy trees shall be a minimum of six feet in height above ground level at the time of planting.

(c) Understory or ornamental trees shall have a caliper of one-and-one half inches at time of planting, as determined in the American Standard for Nursery Stock, ANSI Z60.1-2004, as amended.

(d) Deciduous or evergreen shrubs shall be upright in nature and be a minimum of 24 inches in height at the time of planting.

(e) In cases where an aggregate caliper inch (ACI) requirement is utilized to derive a required amount of vegetation, and the ACI figure includes a fraction, an applicant may:

1. Utilize a tree or trees with a caliper inch measurement exceeding the minimum size at time of planting standard of § 153.060(C) in order to meet the required ACI; or

2. Round the ACI figure upwards until the figure corresponds with a whole number of trees meeting the minimum size at time of planting standard. When trees exceeding the minimum size at time of planting standard are proposed, the minimum calipers of such trees shall be clearly noted on the Landscaping Plan.

(f) In cases where application of landscaping requirements result in a fraction in the number of shrubs to be provided, the minimum number of shrubs or trees to be provided shall be rounded upwards to the next highest whole number.

(g) All landscape plant materials shall conform to the latest version of the American Standard of Nursery Stock (ANSI Z60.1, as amended). Plant material shall be of standard quality or better, true to name and type of species or variety.

(h) The use of native, drought tolerant vegetation is encouraged to reduce dependency upon irrigation.

(i) To curtail the spread of disease or insect infestation in a plant species, new tree plantings shall comply with the following standards:

1. When fewer than 20 trees are required on a site, at least two different species shall be utilized, in roughly equal proportions.

2. When more than 20 but fewer than 40 trees are required to be planted on site, at least three different species shall be utilized, in roughly equal proportions.

3. When 40 or more trees are required on a site, at least four different species shall be utilized, in roughly equal proportions.

4. Nothing in this division shall be construed so as to prevent the utilization of a larger number of different species than specified above.

(j) Required species.

1. All trees used in site developments shall be indigenous to the appropriate hardiness zone and physical characteristics of the site.

2. All deciduous trees proposed to satisfy the minimum requirements of this policy shall be long-lived hardwood species.

(3) Existing vegetation.

(a) It is the policy of the City of Monticello to preserve the natural forest and woodland areas throughout the city; and with respect to specific site development, to retain, as far as practicable, substantial tree stands which should be incorporated into the site.

(b) Existing healthy, well-formed canopy and understory trees as well as healthy shrubs shall be credited toward the requirements of this section, provided the vegetation meets the minimum size standards of this chapter, is protected before and during development of the site in accordance with § 153.061(B), Tree Protection During Construction, and is maintained thereafter in a healthy growing condition.

(4) Stabilization. All required landscape planting areas and required yards shall be stabilized and maintained with lawn, ground covers, mulches, or other approved materials to prevent soil erosion and allow rainwater infiltration.

(5) Berms.

(a) The slope of all berms shall not exceed a two-to-one ratio (horizontal to vertical), shall have a top width at least one-half the berm height, and a maximum height of four feet above the toe of the berm.

(b) All berms, regardless of size, shall be stabilized with a ground cover or other suitable vegetation.

(c) Berms proposed to be placed along street right-of-way shall be designed and constructed to provide adequate sight distances at intersections and shall not impair safe operation of vehicles.

(d) Berms shall in no case damage the roots or trunks of existing healthy vegetation designated to be preserved.

(6) Easements. Nothing except groundcover shall be planted or installed within any underground or overhead utility, drainage, gas easement, or within three feet of a fire protection system without the consent of the utility provider, easement holder, or the city, as appropriate.

(7) Ground cover when no landscaping or site plan is required. All areas not otherwise improved in accordance with approved site or landscaping plans shall be seeded or sodded with lawn cover, except for managed natural landscapes as defined in M.S. § 412.925. Other exceptions to this criterion may be approved by the Community Development Department as follows:

(a) Undisturbed areas containing existing viable natural vegetation which can be maintained free of foreign and noxious plant materials.

(b) Areas designated as open space or future expansion areas properly planted and maintained with prairie grass.

(c) Use of mulch materials such as bark, rock mulch over four mil poly, and wood chips in support of shrubs and foundation plantings.

(D) Landscaping plan requirements.

(1) Detailed landscape plans shall be required as specified in this chapter and in all cases where site plan approval is specified by either this chapter or the subdivision ordinance.

(a) The landscape plan should illustrate planned development on the site; and

(b) The landscape plan shall be produced on a separate sheet or sheets from other required plans such as grading, drainage, and utility plans.

(2) Detailed landscape plans shall include the following information:

(a) In general.

1. Name and address of developer/owner.

2. Name and address of architect/designer.

3. Date of plan preparation.

4. Dates and description of all revisions.

5. Name of project or development.

6. Scale of plan (engineering scale only, at one inch equals 50 feet or less).

7. North point indication.

(b) Site analysis.

1. Boundary lines of property with dimensions based upon certified survey.

2. Name and alignment of proposed and existing adjacent on-site streets.

3. Location of existing and proposed utility rights-of-way, easements, and lines (water, gas, electric).

4. Location of existing and proposed building.

5. Topographic contours of the minimum interval of two feet, extending at least 100 feet beyond the site boundaries.

6. Location of existing and proposed parking facilities, including curbing detail and traffic island delineators.

7. Location of existing and proposed water bodies.

8. Location of existing and proposed sidewalks, trail corridors, and fire lanes.

9. Other existing or proposed conditions which would be expected to affect landscaping.

10. Percentage of gross site area not covered by structures and pavement and percentage of gross site area covered by pervious and impervious surfaces.

1. Planting schedule (table) containing symbols, quantities, common names, botanical names, sizes of plant material, root specification (b.r., B & B, potted, etc.) and special planting instructions.

2. Existing trees and shrubbery, locations, common names, and approximate size.

3. Planting detail (show all species to scale at normal mature crown diameter or spread for local hardiness zone).

4. Typical sections in details of fences, tie walls, planter boxes, tot lots, picnic areas, berms, and the like.

5. Typical sections of landscape islands and planter beds with identification of materials used.

6. Details of planting beds and foundation plantings.

7. Note indicating how disturbed soil areas will be restored through the use of sodding, seeding, or other techniques.

8. Delineation of both sodded and seeded areas with respective areas in square feet.

9. Coverage plan for underground irrigation system, if any.

10. Exterior lighting plan (as applicable).

(E) Standards for site landscaping.

(1) Purpose and intent. Site landscaping material is intended to soften the visual impact of building foundations and provide for the even dispersal of trees across a development site.

(2) No exceptions. The site landscaping provisions of § 153.060(H) shall be required for all development.

(3) Distinguished from other required landscaping. Site landscaping, for the purpose of this section, is exclusive of required perimeter buffer and screening landscaping. Plantings required to meet vehicular use area and perimeter vehicular use area landscaping standards can be counted towards meeting site landscaping requirements.

(4) Site landscaping standards. Site landscaping shall be supplied in the amounts identified in Table 4-4: Required Site Landscaping Plantings. Site landscaping shall meet the minimum size standards for new planting specified in § 153.060(C)(2), Planting Standards.

TABLE 4-4: REQUIRED SITE LANDSCAPING PLANTINGS
Use Type [1]	Required Plantings Per Site [2][3][4]
General Standards
Single-family detached and Multi-family dwellings with less than five (5) units [5] [6]	4.0 ACI of canopy trees OR [7]
Multi-Family Dwellings with five (5) or more units	16.0 ACI of canopy trees (including at least 3 evergreen trees) per acre + at least 2 shrubs per each 10 feet of building perimeter, or as may be otherwise specified in the zoning district
Civic & Institutional Uses	14.0 ACI of canopy trees (including at least 2 evergreen trees) per acre + at least 1 shrubs per each 10 feet of building perimeter
Office & Commercial Uses	10.0 ACI of canopy trees (including at least 1 evergreen tree) per acre + at least 2 shrubs per each 10 feet of building perimeter
Industrial Uses	4.0 ACI of canopy trees (including at least 1 evergreen tree) per acre + at least 1 shrub per every 10 feet of a building wall facing a public right-of-way
District Specific Standards
TN District lot standards (all plantings must be in the front or side yards, and all shrub and flower plantings must be in the front yard)	See § 153.060(J)(2)
CCD lot standards	See § 153.060(J)(3)
IBC District lot standards	See § 153.060(J)(4)
NOTE: ACI = Aggregate Caliper Inches [1]: See Table 5-1, Uses By District. [2]: At least ½ of the required shrubs shall be of an evergreen variety. [3]: Each evergreen tree meeting the minimum size standards of this section shall count as two caliper inches towards the total number of required canopy tree caliper inches. [4]: Credits towards required landscaping are available for the retention of non-specimen trees per the provisions of § 153.61(D), Tree Preservation Incentives. [5]: Required landscaping trees shall be planted within the boulevard. [6]: Lots in the T-N District shall not adhere to these standards, but instead to the specific standards listed in § 153.61(J)(2). [7]: Required Plantings for corner lots shall be double the listed requirements (8.0 ACI of canopy trees)

(5) Shrub placement. Required shrubs shall be placed around the building perimeter, a minimum of three feet from the building, with emphasis placed on screening building foundations visible from the public right-of-way. Required shrubs may be planted up to ten feet from the building, or up to 15 feet from the building if there is a sidewalk located between the planting area and the building wall.

(6) Tree placement. Trees serving as site landscaping shall be dispersed across a site in accordance with good planting practice and the following priority listing:

(a) In yards between a building façade and a street right-of-way where no vehicular use area landscaping is required;

(b) Between a building and an adjacent lot with an existing use that provides more than 50% of the vegetative material associated with a required perimeter buffer;

(c) Between a building façade and an abutting lot with the same or a more intense zoning district classification (where no perimeter buffering is required);

(d) Within open-space set-aside areas with no existing or reforested trees;

(e) Adjacent to on-site areas of pedestrian or vehicular circulation where no other vegetative material is required (e.g., drive-thrus or stacking lanes); or

(f) Other areas near accessory structures or accessory uses.

(F) Alternative landscaping plan.

(1) Purpose. In cases where development conditions require a deviation from the landscaping standards in this section or the tree protection standards in § 153.061, Tree Protection, an alternative landscaping plan shall be required. Submission of an an alternative landscaping plan shall be required for managed natural landscape. Nothing in § 153.060(F) shall prohibit a development configuration that meets or exceeds the landscaping and tree protection standards in this chapter or the allowances of M.S. § 412.925.

(2) Justification. Alternative plans, materials, or methods may be justified due to:

(a) Natural conditions, such as streams, natural rock formations, or topography;

(b) The likelihood that landscaping material would be ineffective at maturity due to topography, placement, or other existing site conditions;

(d) The presence of utility or other easements;

(e) The potential for interference with public safety;

(f) Installation and maintenance of managed natural landscapes; and

(g) Other situations where strict adherence to the landscaping or tree protection standards in this Chapter are determined to be impractical by the Community Development Department.

(3) Allowable deviations. The Community Development Department shall approve any managed natural landscape that satisfies the definition thereof in M.S. § 412.925. The Community Development Department may also approve any alternative landscape plan if it meets the purpose and intent of § 153.060, Landscaping and Screening, or § 153.061, Tree Protection, as appropriate. Allowable deviations from the standards of this section include, but are not limited to the following:

(a) Reduced planting rates due to public facilities. An adjustment to planting locations or reduction of up to 20% in the type or total number of required caliper inches may be allowed when underground connections to public facilities, public utilities, or public easements or right-of-way cause difficulty in meeting the required standards.

(b) Reduction in standards due to nature of parcel. A reduction in the count, spacing, or species variety standards by up to 20% may be allowed where the reduction is desirable in terms of protection of existing natural resources, better consistency with the goals of the comprehensive plan, or a site design that exceeds the quality of what would otherwise result under a strict application of the standards in this chapter, in the opinion of the Community Development Department.

1. Installation of a managed natural landscape shall be allowed when in conformance with the definitions of M.S. § 412.925.

2. Managed natural landscapes shall not be exempt from any applicable minimum planting requirements of this chapter for required site landscaping, perimeter buffer yard, required screening, and vehicular use area plantings.

3. For managed natural landscapes, property owners are encouraged to review Minnesota Board of Soil and Water Conservation natural landscape resources and meet with representatives of the Community Development Department prior to developing the alternative landscaping plan.

4. For native landscape restoration, a reduction of up to 10% in the type or total number of required caliper inches may be allowed where the reduction is desirable as an incentive to encourage the use of native plantings and/or the restoration of native plantings on lands dedicated for open space.

(d) Planting on adjacent or alternative sites. In cases where required plantings cannot be easily sited on the subject parcel, alternative locations on adjacent or nearby parcels may be proposed.

(4) Alternative landscape plan informational requirements. Alternative landscape plans shall provide the same information required by a general landscape plan as outlined in § 153.060(D).

(G) Standards for vehicular use area landscaping. Except where exempted by § 153.060(G)(1) below, all vehicular use areas shall include landscaping both within the interior of the vehicular use area and around its perimeter, as a means of mitigating the parking area’s microclimate and visual impacts. Vehicular use area landscaping, including perimeter vehicular use areas, may be counted toward overall site landscaping requirements.

(1) Exemptions. The following uses shall be exempt from the requirements to provide vehicular use area landscaping:

(a) Single-family detached residential development;

(b) Two- to four-family dwellings;

(d) Parking structures; and

(e) Vehicle display areas for commercial vehicle sales and rental uses.

(2) Interior vehicular use area landscaping standards.

(a) Where islands are proposed for drainage and stormwater management, such islands shall be landscaped in accordance with this section.

(b) All vehicular use areas shall provide and maintain landscaped planting areas within the interior of the vehicular use area in accordance with this section.

1. Islan ds shall be locat ed at the end of parki ng bays and have a mini mum size of 180 squa re feet when adja cent to singl e load ed parki ng spac es, and a mini mum size of 360 square feet when adjacent to double loaded parking spaces (see Figure 4-1: Interior Parking Islands) .

2. The maximum length of a parking bay to be bounded by interior planting islands shall be in accordance with Table 4-1.

TABLE 4-1: LANDSCAPED ISLAND REQUIREMENTS
Use Type	Maximum Number of Parking Stalls Between Islands
Residential Uses
Multi-family Uses	12 stalls between islands
Commercial, Civic, and Institutional Uses
Commercial Uses	24 stalls between islands
Civic & Institutional Uses	24 stalls between islands
Industrial Uses
Industrial & Business Campus District Uses	24 stalls between islands
All Other Industrial Uses	50 stalls between islands

3. Landscaped planting areas shall be distributed throughout the parking area for the purpose of heat abatement.

4. Driveway and primary drive aisle medians shall have a minimum width of four feet for medians containing shrubs and six feet for medians containing both shrubs and understory trees.

5. Each interior planting island shall contain at least one canopy or understory tree per every 180 square feet, or portion thereof, of the total landscape island area.

6. Shrubs shall be planted within landscaping islands at a minimum rate necessary to ensure that at least 25% of the total land area occupied by landscaping islands is planted with shrubs.

(b) Protection of planting areas. Except as exempted by the Community Development Department, all planting areas shall be protected from vehicle damage by the installation of curbing, wheel stops, or other comparable methods. This standard shall not prohibit the use of planting areas as on-site stormwater management devices.

(3) Perimeter vehicular use area landscaping standards. Where a vehicular use area serving a use subject to these standards abuts a street right-of-way, vacant land, or any other development (except another vehicular use area), perimeter landscaping strips shall be provided and maintained between the vehicle use area and the abutting right-of-way or property line in accordance with the following standards (perimeter vehicular use area landscaping counts towards overall required site landscaping, see division (E)(3)).

(a) Location.

1. Perimeter landscaping strips shall be located on the same land where the vehicular use area is located, and shall be placed to assure visibility and safety of pedestrians on the public street, as well as those within the vehicular use area.

2. Perimeter landscaping strips may not be placed within future street rights-of-way as may be identified on the City’s Official Map.

(b) Minimum width. When a vehicular use area is located within 50 feet of a street right-of-way, the perimeter landscaping shall be located within a planting strip at least six feet wide. In all other instances, the strip shall be the minimum width necessary to assure required landscaping is not damaged by vehicles or other on-site activity. In no instance shall the strip be less than three feet wide.

(c) Protection of landscaping strip. Except as exempted by the Community Development Department, the perimeter landscaping strip shall be protected from vehicle damage by the installation of curbing, wheel stops, extra width in the landscaping strip, or other comparable methods. This standard shall not prohibit the use of perimeter landscaping strips as on-site stormwater management devices.

(d) Required Materials (see Figure 4-3). Each perimeter landscaping strip shall include at least eight aggregate caliper inches (ACI) of canopy trees per 100 linear feet of landscaping strip, and the remaining ground shall be landscaped (sod, mulch, etc).

(e) Adjacent to perimeter buffers. Perimeter landscape strips associated with a vehicle use area may be credited towards perimeter buffer standards [See § 153.060(H), Standards for Perimeter Buffers], provided the minimum buffer standards of this section are met.

(f) Adjacent to off-street surface parking on other lots. Where two or more off-street surface vehicular use areas are located adjacent to one another, but upon different lots, no perimeter landscaping strip shall be required between the two vehicular use areas.

(4) Incentives for improved design.

(a) The total aggregate caliper inch requirements for canopy and understory trees in § 153.060(F) may be reduced by 5% when:

1. At least 65% of the provided parking is located to the side or rear of the building;

2. At least 30% of the total required parking is subject to a shared parking agreement; and

3. When pervious parking surfacing is used for 20% or more of the total vehicular use area.

(b) The above incentives may be combined to achieve a cumulative reduction in the amount of required tree ACI.

(H) Standards for perimeter buffers.

(1) Purpose and intent. Perimeter landscape buffers are intended to mitigate potential negative effects of different contiguous uses.

(2) Applicability. Except for adjoining single-family detached residential uses, adjoining commercial and industrial uses occurring within the same zoning district boundary, and uses in the CCD district, all development shall provide a perimeter landscape buffer to separate it from uses in a different use classification in accordance with Table 4-2: Buffer Types, and Table 4-3: Buffer Type Application.

(3) Types of buffers. Table 4-2: Buffer Types, describes four different buffering types in terms of their function, opacity, width, and planting requirements. Where a particular buffer type is required in Table 4-3: Buffer Type Application, the requirement may be met with the combination of minimum buffer width and minimum screening requirements specified under either Option 1 or Option 2. Where an option utilizing a fence or wall is selected, the fence or wall shall comply with the standards of Section 4.3, Fences and Walls.

TABLE 4-2: BUFFER TYPES ACI=AGGREGATE CALIPER INCHES
	Minimum Screening Requirements Within the Perimeter Buffer [1][2][3][4]
Buffer Type and Configuration	Option 1: Minimum Width of 20 feet	Option 2: Minimum Width of 10 feet [5]
TYPE A - BASIC BUFFER
This perimeter buffer functions as basic edge demarcating individual properties with a slight visual obstruction from the ground to a height of ten feet.	2 ACI of canopy trees + 10 ACI of understory trees + 15 small shrubs per 100 linear feet
TYPE B – AESTHETIC BUFFER
This perimeter buffer functions as an intermittent visual obstruction from the ground to a height of at least 20 feet, and creates the impression of special separation without eliminating visual contact between uses.	8 ACI of canopy trees + 10 ACI of understory trees + 15 small shrubs per 100 linear feet	2 ACI of canopy trees + 14 ACI of understory trees + 35 small shrubs per 100 linear feet
TYPE C – SEMI-OPAQUE BUFFER
This perimeter buffer functions as a semi-opaque screen from the ground to at least a height of six feet.	12 ACI of canopy trees + 14 ACI of understory trees + 25 small shrubs per 100 linear feet	One 4-foot high berm or one 4-foot high solid fence + 2 ACI of canopy trees + 16 ACI of understory trees per 100 linear feet
TYPE D – OPAQUE BUFFER
This perimeter buffer functions as an opaque screen from the ground to a height of at least six feet. This type of buffer prevents visual contact between uses and creates a strong impression of total separation.	18 ACI of canopy trees + 20 ACI of understory trees + 55 small shrubs per 100 linear feet	One 6-foot high solid fence + 12 ACI of canopy trees per 100 linear feet
[1]: Any required perimeter buffer width can be reduced to five feet with the provision of a solid masonry wall at least five feet in height along with ten large shrubs per every 100 linear feet. [2]: Perimeter buffer widths (but not vegetation amounts) may be reduced in accordance with § 153.028(G) upon approval of an Alternate Landscape Plan under the provisions of § 153.060(F) if adhering to these requirements is not possible. [3]: In cases where an adjacent use is designed for solar access, understory trees can be substituted for canopy trees. [4]: Required plantings shall conform to the planting standards outlined in § 153.060(C)(2). [5]: Fences and walls shall comply with the standards in § 153.062, Fences and Walls.

(4) Determination of required buffer type. Table 4-3 specifies the type of perimeter landscape buffer that new development shall provide between it and adjacent property, based on the uses present on the development site and that on the adjacent property. The buffer type is indicated by a letter corresponding to one of the four buffer types depicted in Table 4-2, Buffer Types.

TABLE 4-3: BUFFER TYPE APPLICATION
	Existing Use Type on Abutting Land [1]
Proposed Use Type	Single-Family Residential	All Other Residential	Civic and Institutional Uses	Office and Commercial Uses	Industrial Uses
Single-family residential	n/a	A	B	C	D
All other residential	A	n/a	A	B	D
Civic and institutional uses	B	A	n/a	A	D
Office and commercial uses	C	B	A	n/a	C
Industrial uses	D	D	D	C	n/a
[1]: Letters in cells correspond to the buffer types listed in Table 4-2, Buffer Types. [2]: Multi-family, townhouse, multi-building campus or shopping center type developments shall provide buffers around the perimeter of the development instead of around individual buildings.

(5) Location of perimeter buffers.

(a) Perimeter buffers required by this section shall be located only along the outer perimeter of the parcel where it abuts the adjacent impacted another parcel, and shall extend to the parcel boundary line or right-of-way line.

(b) In an industrial district, perimeter buffers are not required along lot lines abutting streets except as provided for in Tables 4-2 and 4-3 when abutting non-industrial districts. In such cases, the outdoor operation or storage components shall include perimeter buffers as necessary to screen outdoor use areas from off-site views.

(6) Responsibility for buffer installation.

(a) Vacant parcels. Where a developing parcel is adjacent to a vacant parcel and a perimeter buffer is required in accordance with this section, the developing parcel shall provide a minimum of one-half of the perimeter buffer required adjacent to the vacant land.

(b) Existing land uses. Where a developing parcel is adjacent to an existing use and a perimeter buffer is required in accordance with this section, the developing parcel shall provide the full perimeter buffer required adjacent to the existing use in accordance with Table 4-2, Buffer Types, and Table 4-3: Buffer Type Application, unless a portion or all of a perimeter buffer that complies with the standards of this section already exists between the lots. Where all or part of a perimeter buffer exists, but the buffer does not fully comply with the standards of this section, the developing parcel shall be responsible for providing all the additional planting material necessary to meet the standards of this section.

(7) Development within required buffers.

(a) The required buffer shall not contain any development, impervious surfaces, or site features (except fences or walls) that do not function to meet the standards of this section or that require removal of existing vegetation, unless otherwise permitted in this chapter.

(b) Sidewalks, trails, and other elements associated with passive recreation may be placed in perimeter buffers if all required landscaping is provided and damage to existing vegetation is minimized to the maximum extent practicable.

(c) Overhead and underground utilities required or allowed by the city are permitted to cross a required buffer in a perpendicular fashion, but shall minimize the impact to vegetation to the maximum extent practicable. Where required landscaping material is damaged or removed due to utility activity within a required buffer, the landowner shall be responsible for replanting all damaged or removed vegetation necessary to ensure the buffer meets the standards in this chapter.

(8) Sight triangles. Fencing, berms, walls, and all other landscaping features shall adhere to the requirements of § 153.042(D)(2)(b), Corner Visibility.

(9) Credit for existing vegetation. Existing vegetation meeting the size standards of § 153.060(C)(2), Planting Standards, located within the perimeter buffer area may be preserved and credited toward the perimeter buffer standards.

(I) Standards for required screening.

(1) General requirements. In addition to the other forms of required landscaping, screening shall be required to conceal specific areas of high visual or auditory impact or hazardous areas from off-site views. Such areas shall be screened at all times, unless otherwise specified, regardless of adjacent uses, districts, or other proximate landscaping material.

(2) Items to be screened. The following areas shall be screened in accordance with this section:

(a) Anything specifically called out by this chapter as requiring screening.

(b) Large trash handling and recycling collection areas (e.g., dumpsters and cardboard recycling containers).

(c) All loading and service areas shall be screened and landscaped from abutting and surrounding residential uses and public rights-of-way.

(d) Allowed outdoor storage areas adjacent to a public right-of-way.

(e) New construction, demolition, or other site conditions that could be unsafe for pedestrians or vehicles.

(3) Screening methods. The following items are permitted for use as screening materials, and more than one method may be used on a lot or site.

(a) Vegetative materials that can provide a 90% opacity-year round screen and which are the minimum height necessary to screen the facility from offsite views; or

(b) An opaque fence or wall meeting the following requirements:

1. The fence or wall shall be consistent with the standards in § 153.062, Fences and Walls.

2. The fence or wall shall be constructed of masonry, brick, wood, masonry free vinyl or steel constructed to be similar in appearance to materials commonly sold as fence material.

3. The fence or wall shall provide a solid screening effect and not exceed the maximum height allowed for fences or walls in the underlying zoning district, or be less than six feet in height.

4. The design and materials used in constructing a required screening fence shall be subject to the approval of the Community Development Department.

(c) Alternative screening materials that are not listed above or alternative configurations may be proposed as part of an alternative landscaping plan [see § 153.060(E)], if the alternative materials or configuration provide an equivalent or superior screening function.

(4) Configuration of vegetative materials. In cases where vegetative materials are used for screening in accordance with this division, the vegetative materials shall:

(a) Be planted around the perimeter of the site feature to be screened in a manner that screens the site feature from all off-site views;

(b) Be configured in two staggered rows or other arrangement that provides maximum screening;

(c) Be upright, large evergreen shrubs and capable of reaching at least six feet in height within three years of planting; and

(d) Be spaced no farther than three feet on-center.

(5) Rooftop screening.

(a) General roof penetrations. All roof vents, pipes and/or other roof penetrations (except chimneys), shall be fully screened, located on the rear elevations, or be otherwise configured to the maximum extent practicable to have a minimal visual impact as seen from a public street.

(b) Exceptions. Rooftop screening standards shall not apply to I-1 or I-2 zoned properties.

1. Parapet walls or other techniques included as an integral part of the building design shall be used to totally screen any roof-based mechanical equipment from public rights-of-way or adjacent lands.

2. In cases where roof-based mechanical equipment are too tall to be screened by a parapet wall, or if changes in the surrounding grade make rooftops with parapets visible from public rights-of-way or adjacent lands, a rooftop screening system shall be used for screening (see Figure 4-4).

(J) Zoning specific landscaping standards.

(1) Residential Amenities (RA) District Landscaping Requirements. RESERVED.

(2) Traditional Neighborhood (TN) District Landscaping Requirements. Lots in the TN district shall adhere to the following additional landscaping requirements:

(a) No less than 60% of the square footage of the front yard area shall be planted in garden meeting the following requirements:

1. Four caliper inches of canopy trees, which must be no less than three caliper inches at DBH at time of planting, plus two ornamental trees. Trees may be planted in front or side yard.

2. No less than one shrub per 20 square feet of front yard area.

3. No less than one deciduous flower planting per 20 square feet of front yard area.

(b) No private driveway leading to a garage may be more than 24 feet in width at the front yard property line.

(d) A landscaping plan must be approved by the Community Development Department prior to issuance of a building permit.

(e) A landscape security shall be provided to ensure the landscaping of each lot in accordance with this section.

(3) CCD District Landscaping Requirements.

(a) No less than 10% of any parcel shall consist of landscaping, including plant materials, decorative paved surfaces, landscape structures, public art, water features, or other similar site improvements. This percentage shall not include required landscaping within parking lots or circulation areas, but may include pedestrian areas on private property. Tree and shrub planting shall be as required by § 153.060(H), but may include trees planted within the public right-of-way abutting the property line toward meeting this replacement.

(b) Landscaping within parking and circulation areas shall be as required by § 153.060(F).

(4) Industrial and Business Campus (IBC) District Landscaping Requirements. All IBC lots must include and maintain an operational irrigation system for the full site at time of certificate of occupancy unless excluded by an approved alternative landscaping plan for native plantings.

(K) Landscaping installation and maintenance standards.

(1) Time for installation of required landscaping.

(a) Time limit. All required landscaping (including mulching and seeding) shall be installed in accordance with the required planting standards set forth in this section prior to issuance of a certificate of occupancy unless the Community Development Department grants an extension to this time limit in accordance with § 153.060(K)(1)(b) below.

(b) Extensions.

1. The Community Development Department may, for good cause shown, grant extensions to the above time limit, allowing a developer/owner to delay the installation of required landscaping. Circumstances that may warrant an extension include but are not limited to the following:

a. Unusual environmental conditions such as drought, ice, or over-saturated soil (deep mud);

b. It is not yet the appropriate planting season for the approved plant species;

c. Credible evidence that the approved plant species or required plant sizes are not commercially available and cannot be substituted within a reasonable time despite an applicant’s diligent effort to secure the required materials; or

d. Completion of utility work occurring in a proposed landscaped area is incomplete or delayed.

2. Upon receipt of a performance guarantee, the city may issue a temporary certificate of occupancy for a maximum period of up to 180 days.

(2) Maintenance of landscaping materials. The owner shall be responsible for the maintenance of all required landscaping. Such areas shall be maintained in accordance with the approved landscape plan or alternative landscape plan and shall present a healthy and orderly appearance free from refuse and debris. All plant life shown on an approved landscape plan or alternative landscape plan shall be replaced if it dies, is seriously damaged, or removed.

(a) Damage due to natural occurrence. In the event that any vegetation or physical element functioning to meet the standards of this section is severely damaged due to an unusual weather occurrence or natural catastrophe, or other natural occurrence such as damage by wild or domestic animals, the owner or developer may be required to replant if the landscaping standards are not being met. The owner shall have one growing season to replace or replant. The Community Development Department shall consider the type and location of the landscape buffer or required vegetation area as well as the propensity for natural re-vegetation in making a determination on the extent of replanting requirements.

(b) Protection during operations. The owner or developer shall take actions to protect trees and landscaping from unnecessary damage during all facility and site maintenance operations. Plants shall be maintained in a way that does not obstruct sight distances at roadway and drive intersections, obstruct traffic signs or devices, or interfere with the use of sidewalks or pedestrian trails.

(c) Maintain shape. All required trees (whether canopy, understory, or otherwise) shall be maintained in their characteristic natural shape, and shall not be severely pruned, sheared, topped, or shaped as shrubs. Trees that have been severely pruned, sheared, topped, or shaped as shrubs which no longer serve the intended buffering or screening function shall be considered as damaged vegetation in need of replacement in accordance with § 153.060(K)(2)(a) Damage Due to Natural Occurrence, and shall be replaced within one growing season.

(d) Natural death. The natural death of existing vegetation within any required landscape area does not necessarily constitute a violation and does not require re-vegetation to replace the plant material unless the required landscape area no longer complies with the required standards of this section. Further, the screening is expected to remain effective continually, so any plant material which dies or ceases to function as a screen shall be replaced or reinforced immediately to conform to city ordinance.

3) Agreement and security. A landscaping security shall be submitted with the building permit application. Such security guarantees that in exchange for building permit, the owner will construct, install and maintain all items shown on the approved plan and that they will replace and or correct any deficiencies or defaults that occur in the plan for a period of one complete year or two complete growing seasons subsequent to the complete installation according to approved landscaping plan.

(Ord. 799, passed 2-27-2023; Ord. 812, passed 10-9-2023)

§ 153.061 TREE PROTECTION.

(A) Purpose. The purpose of this section is to preserve existing natural resources of the community and to encourage the greening of the city. The City Council finds that the preservation of trees and other vegetation, where practicable, is in the best interest of city residents’ health and welfare. To that end, the City Council has found it necessary and desirable to establish regulations to ensure the city preserves its most significant trees and clusters of exiting trees throughout the city.

(B) Protection of specimen trees.

(1) Applicability.

(a) In general. All development in the city, except that exempted in accordance with § 153.061(B)(1)(b) below, shall be required to protect specimen trees in accordance with this section.

(b) Exemptions. The following development shall be exempt from these standards:

1. Development on land within the CCD zoning district and all other commercially and industrially zoned properties;

2. Development on land containing an existing single-family detached residential dwelling on a lot-of-record which cannot be further subdivided.

(2) Separate plan required. The location, species, and size of all specimen trees to be retained in accordance with this section shall be depicted on a separate inventory and protection plan clearly depicting all required information.

(3) General requirement.

(a) No specimen tree may be removed, except in accordance with § 153.061(B)(4), Removal of a Specimen Tree ("specimen tree" is defined in § 153.012).

(b) All specimen trees shall have the following protections, whether located on public or private land:

1. Cutting, removal, or harm prohibited. Specimen trees shall not be cut, removed, pushed over, killed, or otherwise harmed.

2. Paving or soil compaction prohibited. The area within the dripline of any specimen tree shall not be subject to paving or soil compaction greater than 10% of the total area within the dripline, or within 12 feet of the tree trunk.

(4) Removal of a specimen tree. Specimen trees may be removed if the landowner demonstrates to the Community Development Department that one of the following sets of conditions is met:

(a) Removal of a healthy specimen tree. A specimen tree that is in healthy condition may only be removed if all of the following standards are met:

1. The specimen tree prevents development of a lot platted prior to the effective date of this chapter as denoted in § 153.004 in a way that limits building area to less than otherwise allowed, or hinders compliance with the standards in §§ 153.040 through 153.047, §§ 153.060 through 153.072, and §§ 153.090 through 153.093.

2. Mitigation is provided in accordance with § 153.061(B)(5), Replacement/Mitigation of Specimen Trees.

(b) Removal of a severely diseased, high risk, or dying specimen tree. A specimen tree that is certified as being severely diseased, high risk, or dying by a certified arborist may be removed without required mitigation.

(5) Replacement/mitigation of specimen trees. Those causing the destruction or removal of a healthy specimen tree, unless exempted by this chapter, shall be responsible for the following mitigation:

(a) Replacement trees required.

1. Each healthy specimen tree removed or destroyed shall be replaced with three or more replacement trees equaling or exceeding a total of 18 aggregate caliper inches.

2. The required replacement trees shall be planted within 12 months of the removal or destruction of the specimen tree.

(b) Location of replacement trees. Replacement trees shall be either planted on the parcel of land from which the specimen tree was removed if sufficient space is available, or placed on nearby lands in accordance with § 153.060(E), Alternative Landscape Plan.

(c) Establishment period. Replacement trees shall be maintained through an establishment period of at least two complete growing seasons. The applicant shall guarantee the survival and health of all replacement trees during the establishment period and guarantee any associated replacement costs. If the replacement trees do not survive the establishment period, the applicant shall purchase and install new replacement trees.

(1) Owner’s responsibility. During development, the owner or developer shall be responsible for the erection of any and all barriers necessary to protect any existing or installed vegetation from damage both during and after construction.

(2) Tree protection fencing and tree save areas.

(a) Where required. Specimen trees and other existing trees being used for credit towards landscaping requirements shall be fenced with a sturdy and visible fence before grading or other development activity begins. Fencing shall be erected no closer than one linear foot to the tree’s dripline. The Community Development Department shall consider the existing site conditions in determining the exact location for tree protection fencing. Areas located inside of tree protection fencing are considered “tree save areas”.

(b) Inspection. All tree protection measures shall be inspected and approved by the city prior to start of any land disturbing activities. Failure to have tree protection measures approved prior to the commencement of construction is a violation of this chapter.

(c) When required. No construction, grading, equipment or material storage, or any other activity shall be allowed within the tree save (fenced) area. Fencing shall be maintained until after the final site inspection.

(3) Encroachments into tree save areas. Encroachments into specimen tree save areas shall occur only when no other alternative exists. If such an encroachment is anticipated, the following preventive measures shall be employed:

(a) Soil compaction. Where compaction might occur due to construction traffic or materials delivery through a tree save area, the area must first be mulched with a minimum four inch layer of wood chips. Equipment or materials storage shall not be allowed within a tree save area.

(b) Fill. No fill shall be placed within a specimen tree save area without adequate venting to allow air and water to reach the roots.

(c) Chemical contamination. Trees located within a specimen tree save area shall be protected from chemical contamination from liquids or other materials, including but not limited to paint, chemical solvents, gasoline, oil, diesel fuel, hydraulic fluid, concrete spoils, or rinse water from vehicle cleaning, including rinsing of concrete truck tanks and chutes.

(d) Paving limitations. Except for driveway access points, sidewalks, curb, and gutter; no paving shall occur within five feet of a specimen tree save area unless authorized through an alternative landscaping plan [See § 153.060(E), Alternative Landscaping Plan].

(D) Tree preservation incentives.

(1) Tree preservation credits. In order to encourage the preservation of as many healthy trees as practical on a development site, credit towards the minimum landscaping requirements shall be applied to all existing trees retained on a site that are not specimen trees that comply with the credit standards of this division. Credits are offered only for trees that are not required to be retained by other sections of this chapter. Credits shall be granted in accordance with the following standards:

(a) Credit amount. A credit of one-and-one-quarter multiplied by the aggregate caliper of trees that are not specimen trees shall be credited and applied towards the landscaping standards in § 153.060, Landscaping and Screening, when the trees that are saved comply with the following minimum size standards:

1. Canopy trees. Canopy trees, whether deciduous or evergreen, of seven inches in caliper or greater, measured six inches above ground level.

2. Understory/ornamental trees. Understory or ornamental trees, whether deciduous or evergreen, of four inches in caliper or greater, measured four inches above ground level.

(b) Credit applied towards required plantings. The credit shall be applied to the aggregate tree caliper inch standards for landscaping. In no case shall credits substitute for more than 75% of the required landscaping material.

(2) Reduction in the minimum number of required parking spaces. Up to a 5% reduction in the number of off-street parking spaces required on a development site shall be allowed if the reduction in the amount of required pavement will preserve the root zones of existing healthy specimen trees. The amount of reduction can be determined only after taking into consideration any unique site conditions and the impact of the reduction on parking needs for the use, and must be agreed upon by both the applicant and the Community Development Department. Alternative paving materials may be required by the Community Development Department in cases where required parking areas encroach upon root zones.

(A) General regulations applicable to all uses.

(1) Combination uses. In commercial and industrial base zoning districts, combination uses may be allowed within the principal building with each use subject to all regulations in this chapter.

(2) Nuisances prohibited. In addition to any nuisance provisions within city code, the following shall apply:

(a) Refuse and garbage.

1. In all districts, all refuse, rubbish, or garbage shall be kept in an enclosed building or properly contained in a closed container designed for such a purpose.

2. The owner of vacant land shall be responsible for keeping the land free of refuse, rubbish, or garbage.

(b) Glare.

1. Any lighting used to illuminate off-street parking area, sign, or other structure, shall be arranged as to deflect light away from any adjoining residential zone or from the public streets.

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

3. The source of lights shall be hooded or controlled in some manner so as not to cast light on adjacent property.

4. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right-of-way.

5. Any light or combination of lights which cast light on a public street shall not exceed one foot candle (meter reading) as measured from the center line of said street.

6. Any light or combination of lights which cast light on residential property shall not exceed 0.4 foot candles (meter reading) as measured from said property.

(c) Smoke. The emission of smoke by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 1-15.

(d) Dust and other particulated matter. The emission of dust, fly ash, or other particulated matter by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 1-15.

(e) Noise. Noises emanating from any use shall be in compliance with and regulated by the State of Minnesota pollution control standards and rules. In no case shall noise emanations constitute a nuisance as defined and regulated by this code.

(3) Building and structure location. All buildings and structures shall be so placed so that they will not obstruct future streets which may be constructed by the city in conformity with existing streets and according to the system and standards employed by the city.

(4) Cannabis-related businesses.

(a) Findings and purpose.

1. The City of Monticello (hereinafter "city") makes the following legislative findings: The purpose of this division is to implement the provisions of M.S. Ch. 342, as amended from time to time, which authorizes the city to protect the public health, safety, welfare of city residents by regulating cannabis businesses within the legal boundaries of city.

2. The city finds and concludes that the proposed provisions are appropriate and lawful land use regulations for city, that the proposed amendments will promote the community's interest in reasonable stability in zoning for now and in the future, and that the proposed provisions are in the public interest and for the public good.

(b) Authority and jurisdiction. The city has the authority to adopt this division pursuant to:

1. M.S. § 342.13(c), as amended from time to time, regarding the authority of a local unit of government to adopt reasonable restrictions of the time, place, and manner of the operation of a cannabis business provided that such restrictions do not prohibit the establishment or operation of cannabis businesses.

2. M.S. § 342.22, as amended from time to time, regarding the local registration and enforcement requirements of state-licensed cannabis retail businesses and lower-potency hemp edible retail businesses, subject to any Joint Powers Agreement with Wright County which explicitly supersedes these regulations.

3. M.S. § 152.0263, subd. 5, as amended from time to time, regarding the use of cannabis in public places.

4. M.S. § 462.357, as amended from time to time, regarding the authority of a local authority to adopt zoning ordinances.

(c) Any cannabis-related business or lower-potency hemp edible business licensed by the State of Minnesota under M.S. Ch. 342, as amended from time to time, shall be subject to the following requirements, in addition to any specific standards in this section, and other reasonable regulations required as a condition of any zoning permit issued for such uses.

1. No cannabis-related business use shall operate outside of the hours of operation established by M.S. Ch. 342, as amended from time to time, or those established by the city, whichever is more restrictive.

2. No cannabis-related business use shall operate or occur on property used for residential purpose.

3. No cannabis-related business use shall create odors that are detectable beyond the property lines of such use.

4. The facility shall display its state-issued license on the interior of the facility, visible to the public, at all times.

5. No person or facility shall dispose of cannabis or cannabis- containing products in an unsecured waste receptacle not in possession and control of the licensee and designed to prohibit unauthorized access.

6. All cultivation, processing, storage, display, sales or other distribution of cannabis shall occur within an enclosed building and shall not be visible from the exterior of the building.

7. Outdoor storage is prohibited for all cannabis-related uses.

8. Cannabis-related business uses shall comply with the city's sign regulations.

9. Cannabis-related business uses shall comply with all other applicable standards of the Monticello Zoning Ordinance and city code.

10. Buffers. No cannabis-related business use shall be located closer to any property occupied by any of the following uses, measured as a horizontal distance from the closest point of the property on which the cannabis business is located to the closest point of the property occupied by:

a. School: 1,000 feet.

b. Daycare: 500 feet from any day care facility that is located in a zoning district where cannabis businesses are not allowed. This buffer shall not apply to day care facilities that are located in a zoning district in which a cannabis business is allowed.

c. Residential treatment facility: 500 feet.

d. Public park: 500 feet from attractions within a public park regularly used by minors. Public parks included shall be as identified in the city's most currently adopted park system or master plan. This buffer shall not apply to sidewalks or trails, or other public lands.

(B) Regulations for agricultural uses.

(1) Agriculture.

(a) Agricultural related buildings and structures including farm dwellings shall be subject to Minnesota Pollution Control Standards.

(b) Agricultural uses shall not include commercial feed lots or other commercial operations.

(c) The keeping and/or raising of livestock raising shall be prohibited in all zoning districts except for the A-O District.

(2) Agricultural sales. All agricultural sales businesses shall adhere to the following:

(a) Activities shall be limited to those listed within the definition for an agricultural sales business.

(b) The agricultural sales business shall be located on land owned or leased by the producer or the operator of the business, and not within or on any public rights-of-way or easements.

(c) The operator must be able to demonstrate at all times to the city that there is sufficient access, parking and maneuvering space, that the location and adequacy of approaches are sufficient, that there is suitable and safe access for pedestrians, and that customer parking is away from the travel way and in close proximity to the agricultural sales business.

(d) All waste materials shall be enclosed in containers provided on the site, and shall not generate any nuisance impacts on adjacent properties.

(e) All sidewalks, roadways, and parking areas shall be treated as necessary to eliminate dust nuisance impacts on adjacent properties.

(3) Community garden.

(a) Prior to a parcel being utilized as a community garden, the landowner shall be required to secure an annual community garden permit from the Community Development Department.

(b) Each community garden must have two or more gardeners as a prerequisite for obtaining a permit to ensure code and permit guidelines are followed.

(c) Unused plots and common areas shall be maintained and kept free of weeds, dead plant materials, and other debris/garbage.

(d) Containers, including water bins, and planters, shall not hold standing water unless they are completely covered.

(e) Composting of vegetative matter is allowed (leaves, plants, wood chips, etc.); composting of meat, human or pet waste is prohibited.

(f) Overhead lighting is prohibited.

(g) Signage is limited to a single, non-illuminated, single sided sign of four square feet.

(4) Stables.

(a) Animal building, holding, grazing, and exercise areas are located a minimum of 1,000 feet from any residential, commercial, or industrial use district.

(b) The land area of the property containing such use of activity meets the minimum established for the district.

(1) General regulations for all dwellings. All dwellings located in any residence district shall conform to the following minimum requirements in addition to the specific requirements applicable to the individual residence districts:

(a) Except for in the M-H zoning district, all dwellings shall be placed on a permanent foundation which complies with the Minnesota State Building Code, and which are solid for the complete circumference of the dwelling.

(b) All dwellings shall have a minimum width and depth of 20 feet, exclusive of porches, entryways, or attached storage sheds.

(d) Direct vehicular access to residential units from arterial or collector roadways shall be prohibited unless no other reasonable alternative exists as determined by the Community Development Department.

(e) In addition to standards applicable to all houses in residential districts, manufactured homes, as defined by Minnesota Statutes, shall be built in compliance with the Minnesota Manufactured Homes Building Code and all statutory requirements (see M.S. §§ 327.31 through 327.35, as they may be amended from time, on manufactured homes).

(f) No cellar, basement, garage, tent, trailer, motor vehicle or accessory building shall at any time be used as an independent residence or dwelling unit, either temporarily or permanently. Tents, play houses or similar structures may be used for play or recreational purposes.

(g) Except for dwellings classified as elderly (senior citizen) housing, the minimum floor area per dwelling unit shall be as prescribed in individual zoning district regulations.

(h) Apartment and condominium dwelling units shall only be located in multiple-family buildings or in buildings within the CCD district as regulated by this chapter.

(2) Attached dwelling.

(a) Regulations applicable to all attached dwelling types.

1. Size of development. All attached dwelling developments that contain more than two structures with dwelling units and/or having a structure containing more than ten dwelling units shall require a conditional use permit.

2. Usable open space. Except for mixed use projects in the CCD District, each multiple-family dwelling site or townhouse site shall contain at least 500 square feet of usable open space for each dwelling unit contained thereon, or a minimum of 30% green space, whichever is greater. For the purposes of this chapter, green space shall include lawn, shrubs, trees, or other planted open space usable for gardens, shade, or recreation and shall not include planted areas between parking areas or sidewalks and parking areas which are less then ten feet in width, nor shall it include any part of the public right-of-way, delineated wetland(s), or required stormwater ponding areas below the ten-year flood elevation.

(b) Duplex and two-family dwellings.

1. A minimum of two off-street parking spaces per unit shall be provided within an enclosed garage of at least 400 square feet.

2. All driveways and required off-street parking spaces shall be surfaced with concrete, bituminous or approved equivalent.

3. Legal nonconforming single-family dwellings located within R-3 Zoning Districts may be converted to duplex dwellings by conditional use permit where environmental conditions on the property support preservation of trees, drainage patterns, or other related features.

1. No building shall contain more than eight dwelling units.

2. Each dwelling unit shall have separate and individual front and rear entrances.

3. Private driveways for garages in townhouse developments shall provide a minimum of 20 feet worth of parking space which does not interfere with the use of public sidewalks or trails.

4. Setbacks:

a. Buildings in townhouse developments shall be located at least 20 feet apart and 20 feet from the back of the curb of a private roadway.

b. The applicable setbacks required in the underlying zoning district shall be met along the perimeter lot lines of the development and along all public roadways.

(d) Multiple-family.

1. Development of a multiple-family building shall be compatible with the existing and planned land use of the area and conflicts shall not be created between commercial and residential use and activities.

2. If in the R-2 district, multiple-family buildings shall be limited to four dwelling units.

3. If in the B-2 District, multiple-family buildings shall be adequately served by a collector or arterial street.

4. If in the B-1, B-2 or CCD district, multiple-family units shall be in the form of apartments or condominiums located above the first floor of the building, unless otherwise authorized to be on the first floor by a conditional use permit meeting the following additional standards:

a. The proposed site for residential use is consistent with the goals and objectives of the City's Comprehensive Plan and detailed in the Comprehensive Plan Amendment entitled "Downtown Monticello Small Area Plan."

b. The proposed site does not interrupt the flow of commercial pedestrian traffic in the “CCD” district.

c. Density for ground floor residential units shall not exceed one unit per 9,000 square feet of lot area, exclusive of land area utilized by, or required for, permitted uses on the property.

5. Multiple-family housing in the R-3, B-1, B-2 or CCD zoning districts shall be subject to the requirements found in Table 3-8 of § 153.043.

6. Multiple-family housing in the R-4 zoning district shall be subject to the requirements found in Table 3-9 of § 153.043.

(3) Group residential facility.

(a) Licensed day care facilities qualifying as group residential facilities shall adhere to the following:

1. No overnight facilities are provided for the children served. Children are delivered and removed daily.

2. All state laws and statutes governing such use are strictly adhered to and all required operating permits are secured.

(b) Group residential facility, multi-family.

1. Group residential facility, multi-family shall require authorization through a conditional use permit following the provisions of § 153.028(D), subject to the following conditions:

a. Density of residents shall equal no more than one person per 520 square feet of total net livable area in the principal dwelling.

b. Living accommodations for on-site resident staff shall be deducted from the principal dwelling square footage for purposes of determining density in division (1) above.

c. The property shall be developed to provide two off-street parking spaces for staff and one space per three residents for visitors.

d. Parking areas shall be paved with concrete or bituminous surface, and shall meet all other standards of parking lot design in this chapter, with the exception that the use shall be exempt from curb requirements.

e. The property shall maintain a minimum of 30% landscaped green space based on the gross area of the property.

f. The building shall be designed and constructed to be consistent with the architectural character of the neighborhood in which it is located.

(4) Manufactured homes/manufactured home park.

(a) Manufactured homes in general. All manufactured homes within the City of Monticello shall be built in conformance with the manufactured home building code and comply with all provisions of this chapter.

(b) Manufactured home parks. Development of new manufactured home parks shall be encouraged to use the planned unit development (PUD) process to allow the city to vary or modify the strict application and requirements for manufactured home parks to more readily accommodate this type of development. However, absent development through a PUD, the following requirements shall apply:

1. In general:

a. The minimum total manufactured home park area shall be five acres.

b. Each designated manufactured home site shall not be less than 2,500 sf.

c. Notwithstanding the type of development concept used, the maximum density shall be 13 manufactured homes per acre.

d. Manufactured homes shall be the only permitted dwelling type in a manufactured home park.

e. No tents shall be used for other than recreational purposes in a manufactured home park.

f. There shall be no outdoor camping anywhere in a manufactured home park.

g. Laundry and clothing shall be hung out to dry only on lines located in Council approved areas established and maintained exclusively for that purpose.

h. Adequate storm shelters for all residents of the manufactured home park shall be provided on-site.

i. No part of any manufactured home park shall be used for non-residential purposes, except such uses that are required for the direct servicing and well-being of park residents and for the management and maintenance of the park.

j. All manufactured homes must be securely anchored in a manner which meets shoreland district requirements (if within a shoreland district) and applicable state requirements for resisting wind forces.

2. Grading, drainage and groundcover:

a. Condition of soil, ground water level, drainage, topography shall not create hazards to the property or the health and safety of the occupants.

b. The ground surface in all parts of every manufactured home park shall be graded and equipped to drain all surface water in a safe, efficient manner.

c. Exposed ground surfaces in all parts of every manufactured home park shall be paved or covered with stone, screening or other solid material, or protected with a grass that is capable of preventing soil erosion and of eliminating objectionable dust.

d. No portion of a manufactured home park shall be subject to unpredictable or sudden flooding.

3. Setbacks and lot requirements:

a. Manufactured homes shall be separated from each other and from other buildings and structures by at least 15 feet.

b. An accessory structure such as an awning, cabana, storage cabinet, carport, windbreak, and porch which has an opaque top or roof, shall, for purposes of all separation requirements, be considered to be part of the manufactured home. However, applicable building code separation requirements shall still apply as applicable.

c. There shall be a minimum distance of twenty feet between the manufactured home stand and abutting park street.

d. All manufactured homes, off-street parking spaces, and structures shall be located at least thirty feet from any property boundary line abutting upon a public street or highway and at least thirty feet from other property boundary lines.

e. Each manufactured home site shall have frontage on an approved roadway and the corner of each manufactured home site shall be marked and each site shall be numbered.

f. Dedicated storage area(s) and building(s) shall be for the sole use of the residents of the manufactured home park and are not available for use by non-residents.

4. Screening and open space:

a. All manufactured home parks located adjacent to residential, recreational, commercial or industrial land uses shall provide screening such as fences, shrubs, trees along the property boundary line separating the park and such uses, and shall be maintained by the state license holder in a neat and orderly manner.

b. A minimum of 2,000 sf. for every acre, or part thereof, in a manufactured home park shall be provided for definable play areas and open space. Such areas of open space and play area shall not be areas included within any setback nor shall they include any areas of less than twenty feet in length or width.

5. Parking. Each manufactured home site shall be served by two off-street parking spaces for automobiles.

6. Utilities:

a. All manufactured homes shall be connected to a public water and sanitary sewer system or a private water and sewer system approved by the State Department of Health.

b. All installations for disposal of surface stormwater must be approved by the city.

c. All utility connections shall be as approved by the city.

d. The source of fuel for cooking, heating, or other purposes at each manufactured home site shall be as approved by the city.

e. All utilities shall be underground; there shall be no overhead wires or supporting poles except those essential for street or other lighting purposes.

f. No obstruction shall be permitted that impedes the inspection of plumbing, electrical facilities, and related manufactured home equipment.

g. The method of garbage, waste, and trash disposal must be approved by the city.

h. Owner shall pay any required sewer and connection fees to the city.

7. Lighting:

a. Artificial light shall be maintained during all hours of darkness in all buildings containing public toilets, laundry equipment, and the like.

b. The manufactured home park ground shall be lighted as approved by the city from sunset to sunrise.

8. Accessory structures:

a. Accessory storage buildings serving the overall park and not an individual unit in manufactured home parks, if not reviewed and approved as part of a PUD, shall be conditionally permitted subject to the following additional requirements:

(i) The storage building and any accompanying outdoor storage area shall be for the sole use of the residents of the manufactured home park and shall not be used by non-residents.

(ii) Accompanying outdoor storage areas shall be fully screened from surrounding manufactured home units and adjacent properties.

b. For individual residential units within a mobile or manufactured home park, the following standards shall apply:

(i) Only one detached accessory structure, major or minor, shall be allowed.

(ii) The maximum area of a detached accessory structure shall be 300 square feet.

(iii) The maximum height of the structure shall be 15 feet as measured at the median height of the roof.

(iv) The detached accessory structure may not be located between the front line of the residential unit and the park access road.

(v) Such structure shall be located five feet from any other structure.

(vi) The location of accessory structures shall be permitted only with the permission of the manufactured home park owner.

(vii) Detached accessory structures exceeding 300 square feet shall require authorization through conditional use permit, which shall be subject to the following requirements:

A. Permission of the park owner.

B. Detached accessory structure shall have access to the park road.

C. No other detached accessory structure shall be permitted.

D. The maximum height of the structure shall be 15 feet as measured at the median height of the roof.

(D) Regulations for civic and institutional uses.

(1) Active park facilities – private. Private park facilities must be operated only for the enjoyment and convenience of the associated residents and their guests.

(2) Assisted living facilities.

(a) The development must be contained on an single parcel; 30% of the parcel must be preserved as open space at least two-thirds of which shall be useable.

(b) To continue to qualify for the senior citizen housing classification, the owner or agent shall annually file with the Community Development Department a certified copy of a monthly resume of occupants of such a multiple dwelling, listing the number of tenants by age.

(d) Elevator service shall be provided to each floor level which contains senior housing units.

(e) Efficiency units shall be a minimum floor area of 440 square feet, and shall not exceed 20% of the total number of apartments in a multiple dwelling, or the maximum established in the district, whichever is less.

(f) One bedroom units shall be a minimum floor area of 520 square feet.

(3) Cemeteries.

(a) New cemeteries shall be located on a site or parcel with an area of at least two and one-half acres.

(b) New cemeteries shall be located on a site or parcel that fronts an arterial or collector street.

(d) Interments shall take place at least 50 feet from any lot line.

(e) Cemeteries shall not be located within one-half mile of Interstate Highway 94.

(4) Hospitals. A hospital shall:

(a) Be located on a site of at least five acres.

(b) Be located on a parcel that fronts or has direct access to an arterial or collector street.

(d) Side yards shall be double the minimum requirements established for the applicable district.

(e) When abutting a residential use in a residential use district, the property shall be screened with an aesthetic buffer (Table 4-2, Buffer Type "B") in accordance with § 153.060(G).

(f) Adequate off-street parking and access is provided in compliance with § 153.067 and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with § 153.060(F).

(g) Adequate off-street loading and service entrances are considered and satisfactorily provided in accordance with § 153.068.

(h) Exterior lighting standards outlined in § 153.063 shall be met.

(5) Nursing or convalescent home.

(a) Side yards shall be double the minimum requirements established for the applicable district.

(b) When abutting a residential use in a residential use district, the property shall be screened with an aesthetic buffer (Table 4-2, Buffer Type “B”) in accordance with § 153.060(G).

(6) Places of public assembly.

(a) Institutions on parcels exceeding 20,000 square feet in area shall be located with direct frontage on, and access to, a collector or arterial street.

(b) The buildings are set back from adjoining residential districts a distance no less than double the adjoining residential setback.

(c) When abutting a residential use in a residential use district, the property shall be screened with an aesthetic buffer (Table 4-2, Buffer Type “B”) in accordance with § 153.060(G).

(d) Adequate off-street parking and access is provided on the site or on lots directly abutting or directly across a public street or alley to the principal use in compliance with § 153.067 of this chapter and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with § 153.060(F).

(e) Adequate off-street loading and service entrances are considered and satisfactorily provided.

(f) Public assembly in the B-3 District:

1. Shall only be allowed on properties of ten acres in size or more, except that the city may consider such uses on smaller properties by interim use permit, subject to the following requirements:

a. The applicant for an IUP would enter into a development agreement specifying the duration of the IUP, with a time limitation.

b. The applicant would be able to demonstrate that the interim occupancy would not interfere with other commercial uses of the property, either in the nature of the use, the times of operation, or demand for services, such as parking or other impacts.

c. The IUP would expire upon the end of the specified term, or when the applicant vacates the property, and would not be transferable to another similar public assembly use.

d. Changes in scope or nature of the proposed use, operation, or other elements would require amendment to the IUP and the development contract, or a new IUP, depending on the change.

e. No such IUP, subsequent amendment, or reapplication may result in a duration of the subject use for more than ten years of cumulative and continuous occupancy.

2. Public assembly uses in the B-3 District must occupy buildings of at least 20,000 gross square feet of area.

3. Public assembly uses in the B-3 District shall provide off-street parking areas that are designed to meet their unique traffic patterns and parking accumulation ratios. For the B-3 district, the requirement shall be one parking space per two and one-half seats in the main assembly area, based on the building code calculation for maximum occupancy.

4. Proposed public assembly applications in the B-3 District will be required to provide a traffic study demonstrating peak traffic periods, and the ability to manage traffic loads without negatively impacting the adjoining public streets. Private and/or public street improvements may be required to ensure no negative impacts.

5. CUP applications for public assembly uses in the B-3 District will require the identification of the principal use, and those other uses of the subject property that are proposed as accessory uses. All such uses must be allowed in the B-3 District.

(g) In the CCD, the following conditions shall apply:

1. Building architecture shall be designed to reflect retail street-level architecture as defined in the City’s Comprehensive Plan, and detailed in the Comprehensive Plan Amendment entitled “Downtown Monticello Small Area Plan.”

2. Site planning shall minimize parking lot development adjacent to public area in the district, including streets, pathways, and open spaces.

(7) Public buildings or uses:

(a) When abutting a residential use in a residential use district, the property shall be screened with an aesthetic buffer (Table 4-2, Buffer Type “B”) in accordance with § 153.060(G).

(b) Conformity with the surrounding neighborhood is maintained and required setbacks and side yard requirements are met.

(c) Adequate off-street parking and access is provided on the site or on lots directly abutting the principal use in compliance with § 153.067 and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with § 153.060(F).

(d) Adequate off-street loading and service entrances are considered and satisfactorily provided in accordance with § 153.068.

(e) Exterior lighting standards outlined in § 153.063 shall be met.

(8) Public warehousing, temporary.

(a) The use shall be allowed by interim use permit, with a termination date of no later than five years from the date of approval.

(b) The interim use shall apply to public storage of equipment only, and shall not apply to any private entity, either during or after the term of the permit.

(c) The use, if not allowed as a permitted principal use, may be a “secondary use” allowed on the property, separate and unrelated to the principal use.

(d) The use shall occupy indoor storage only, in one or more existing buildings, and shall not include outdoor storage.

(e) The use shall otherwise meet all zoning and building code standards.

(f) The use shall not interfere with other permitted, conforming private uses of the property, nor with the provision of public services to the property or the neighborhood in which it is located.

(g) No signage shall be allowed identifying the use, other than permitted directional signage on the property.

(9) Pre-K-12 schools (public or private):

(a) Educational institutions on parcels exceeding 20,000 square feet in area shall be located with direct frontage on, and access to, a collector or arterial street.

(b) The buildings are set back from adjoining residential districts a distance no less than double the adjoining residential setback.

(c) When abutting a residential use in a residential use district, the property shall be screened with an aesthetic buffer (Table 4-2, Buffer Type “B”) in accordance with § 153.060(G).

(d) Adequate off-street parking and access is provided on the site or on lots directly abutting or directly across a public street or alley to the principal use in compliance with § 153.067 and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with § 153.060(F).

(e) Adequate off-street loading and service entrances are considered and satisfactorily provided in accordance with § 153.068.

(f) Exterior lighting standards outlined in § 153.063 shall be met.

(g) If locating within an industrial zoning district:

1. A specified termination date is documented.

2. The proposed parcel has adequate improved parking to accommodate the student capacity.

3. The proposed building is constructed or altered only in ways which do not interfere with future refitting for industrial use.

(h) Buildings and structures must comply with building code requirements as adopted by the City of Monticello.

(10) Utilities (major).

(a) An electrical power facility, substation, or transmission station as a principal use of property shall be set back at least 100 feet from all lot lines. Service or storage yards shall be prohibited.

(b) All commercial WECS systems shall adhere to the requirements of § 153.071.

(E) Regulations for commercial uses.

(1) Adult uses: See § 153.046(T).

(2) Auction house.

(a) The architectural appearance and function plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot.

(b) When abutting a residential use, the property shall be screened with at least a semi-opaque buffer (Table 4-2, Buffer Type “C”) in accordance with § 153.060(G).

(d) Off-street parking shall comply with § 153.067.

(e) Vehicular access points shall be limited, shall create a minimum of conflict through traffic movements, and shall be subject to the approval of the Community Development Department.

(f) All lighting shall be in compliance with § 153.063.

(g) The entire area shall have a drainage system which is subject to the approval of the Community Development Department.

(h) All signing and information or visual communication devices shall be in compliance with § 153.064.

(i) The use shall require authorization through a conditional use permit following the provisions of § 153.028(D).

(j) All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions.

(k) No pets or livestock may be sold at this auction sales facility.

(l) Provisions must be made to control and reduce noise when adjacent to a residential zoning district.

(m) All outside storage and outdoor sales and display, if allowed, shall be effectively screened from public view in accordance with § 153.060(I) and limited to 10% of the gross floor area of the principal use building.

(3) Auto repair – minor.

(a) The use shall be designed to ensure proper functioning of the site as related to vehicle stacking, circulation, and turning movements.

(b) Repair of all vehicles shall occur within an enclosed building. Temporary outdoor vehicle storage may be allowed in an outdoor storage area that is no larger than 25% of the buildable area of the lot, is located behind the front building line of the principal structure, and is screened with a wooden fence, maintenance free vinyl or masonry wall in accordance with § 153.062, Fences & Walls.

(c) If gasoline is sold on-site, the use shall also comply with the standards for vehicle fuel sales as regulated by this chapter.

(d) Vehicles not being repaired but used as a source of parts shall be prohibited unless full enclosed within a building.

(e) Vehicles that are repaired and are awaiting removal shall not be stored or parked for more than 30 consecutive days. In cases where a vehicle is abandoned by its lawful owner before or during the repair process, the vehicle may remain on site as long as is necessary after the 30-day period, provided the owner or operator of the establishment demonstrates steps have been taken to remove the vehicle from the premises using the appropriate legal means.

(f) When abutting a residential use, the property shall be screened with at least a semi-opaque buffer in accordance with (Table 4-2, Buffer Type "C") in accordance with § 153.060(G).

(4) Automotive wash facilities.

(a) All automotive wash facilities shall adhere to the following standards:

1. The architectural appearance and functional plan of the building and site shall be consistent with the existing buildings and area to avoid impairment in property values and blight within a reasonable distance of the lot.

2. Magazining or stacking space is constructed to accommodate that number of vehicles which can be washed during a maximum 30-minute period and shall be subject to the approval of the Community Development Department.

3. When abutting a residential use, the property shall be screened with at least a semi-opaque buffer (Table 4-2, Buffer Type “C”) in accordance with § 153.060(G).

4. All lighting shall be in compliance with § 153.063.

5. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with § 153.060(F).

6. The entire area other than occupied by the buildings or plantings shall be surfaced with material which will control dust and drainage which is subject to the approval of the Community Development Department.

7. The entire area shall have a drainage system which is subject to the approval of the Community Development Department.

8. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movement, and shall be subject to the approval of the Community Development Department.

9. All signing and informational or visual communication devices shall be in compliance with § 153.064.

10. Provisions are made to control and reduce noise.

11. Car wash facility shall have direct access to major thoroughfare via driveway or frontage road.

12. Intermittent sounds produced by car wash operation such as the sound of a vacuum or warning signal shall not be audible to adjoining residential properties.

(5) Bed and breakfast facilities.

(a) Bed and breakfast operations shall be limited to residential structures existing prior to the date of this chapter.

(b) The property shall be landscaped with at least a basic buffer (Table 4-2, Buffer Type “A”) in accordance with § 153.060(G).

(d) The owner, operator, or manager of the bed and breakfast shall reside on the premises.

(e) Activities shall be limited to those customary to the operation of a bed and breakfast facility. Commercial use of the property for other activities not normally associated with the operation of a bed and breakfast such as wedding receptions, parties, etc., are not allowed.

(f) Operation of the bed and breakfast facility shall comply with all state regulations governing such facilities.

(6) Brew pubs.

(a) Brew pubs shall be permitted in the CCD, B-3 and B-4 Districts provided that:

1. The brew pub sells 85% or more of its beer on-site.

2. The beer is brewed primarily for sale in the restaurant and bar, and may be dispensed directly from the brewery’s storage tanks.

3. Brewpubs may also sell beer for off-sale consumption in growler containers provided the conditions are met.

(7) Commercial lodging.

(a) All hotels and motels shall adhere to the following:

1. A hotel or motel shall have its principal frontage, access, and orientation direction on an arterial street or collector street.

2. Vehicular access from a local residential street is prohibited.

3. No more than one security or caretakers quarters may be provided on the site, and such quarters shall be integrated into the building’s design.

(b) In the CCD District, the following additional standards shall apply:

1. The principal building lot coverage is no less than 50% of the property, exclusive of easements devoted to public pedestrian use or other outdoor public spaces.

2. The building, site, and signage meet the standards for the “CCD” District.

3. The proposed use demonstrates compatibility and consistency with the City’s Comprehensive Plan and as detailed in the Comprehensive Plan Amendment entitled “Downtown Monticello Small Area Plan.”

(8) Communications/broadcasting. All communication antennas, antenna support structures and satellite dishes shall adhere to the applicable accessory use requirements for such outlined in § 153.092.

(9) Convenience retail. In the B-1 zoning district, the following conditions shall apply:

(a) The site is adequately served by a collector street.

(b) Access point to the site shall be limited to a collector street.

(d) Adequate screening and landscaping from neighborhood residential districts is provided in accordance with this chapter.

(e) Traffic generated by the proposed use does not exceed the capacity of surrounding streets and intersections to accommodate it.

(f) The site shall conform to parking requirements as provided in this chapter.

(g) Building setback from residential uses must be 30 feet or greater.

(h) Parking lot setback from residential uses must be 15 feet or greater.

(i) The site shall conform to signage requirements as recommended by the city. At no time shall the signage exceed the requirements as provided in this chapter.

(j) The site shall conform to lighting requirements as provided in this chapter. The lighting shall be restricted to be consistent with the hours of operation, within one half hour of open and close times.

(k) The hours of operation shall be limited to 6:00 a.m. to 9:00 p.m., except as may be approved by conditional use permit.

(l) In addition to the above requirements, if in the CCD, the following conditions shall apply:

2. Site planning shall maximize building exposure to the street.

3. Drive-through facilities shall be located to minimize their exposure to the street.

4. Accessory structures, including canopies, menu boards, pay windows, and other structures supporting drive-through functions shall be constructed of materials to match those of the principal building.

5. Site planning shall be designed to emphasize connections to pedestrian facilities.

(10) Country club.

(a) The principal use, function, or activity is open, outdoor in character.

(b) Not more than 5% of the land area of the site be covered by buildings or structures.

(c) When abutting a residential use, the property shall be screened with at least an aesthetic buffer (Table 4-2, Buffer Type “B”) in accordance with § 153.060(G).

(d) The land area of the property containing such use or activity meets the minimum established for the districts.

(11) Day care center.

(a) No overnight facilities shall be provided for children served by the daycare. Children must be delivered and removed from the facility daily.

(b) An outdoor recreational facility:

1. Shall be appropriately separated from the parking lot and driving areas by a fence not less than four feet in height;

2. Shall be located continuous to the day-care facility;

3. Shall not be located in any yard abutting a major thoroughfare;

4. Shall not have an impervious surface for more than one-half of the playground area;

5. Shall extend at least 60 feet from the wall of the building or to an adjacent property line, whichever is less, or shall be bound on not more than two sides by parking and driving areas; and

6. Shall be a minimum size of 2,000 sq. ft., or in the alternative 75 sq. ft. per child at licensed capacity, whichever is the greater figure.

(c) All state laws and statutes governing such use are strictly adhered to and all required operating permits are secured.

(d) In addition to divisions (a) through (c) above, day care centers in the I-1 district shall adhere to the following additional requirements:

1. Only be allowed as a secondary combination use which complements a primary business;

2. Only be conducted in the principal building, and not exceed 20% of the total principal building square footage;

3. Be physically separated from the other activities occurring in the principal building;

4. Not have a dedicated entrance (other than emergency exits) from the exterior of the principal building;

5. Not have dedicated off-street parking or signage.

(12) Entertainment/recreation – indoor commercial.

(a) No auctions shall take place on the premises.

(b) Outdoor storage shall be prohibited.

(d) When abutting a residential use, the property shall be screened with an aesthetic buffer (Table 4-2, Buffer Type “B”) in accordance with § 153.060(G).

(13) Entertainment/recreation – outdoor commercial.

(a) When abutting a residential use, the property shall be screened with at least a semi-opaque buffer (Table 4-2, Buffer Type “C”) in accordance with § 153.060(G).

(b) Adequate measures to contain the proposed activity on the subject site shall be provided.

(d) No auctions shall take place on the premises.

(e) Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m..

(f) All lighting shall be in compliance with § 153.063.

(14) Event centers.

(a) Proximity to residential uses. Property upon which event centers are located shall not abut residentially zoned property, with the exception of R-3 and R-4 zoned properties.

(b) Parking. Off-street parking for event centers shall be provided in accordance with § 153.067.

(d) Number of events.

1. Event centers in the B-3 and B-4 District are not restricted in the number of events allowed unless restricted by the conditional use permit.

2. Event centers in the B-2 District may be limited to certain days or number of events by the City Council per the conditional use permit.

(e) Hours of operation. Event center hours of operation shall be as established by the City Council per the conditional use permit.

(f) Noise regulations. Event centers shall be subject to the noise-related provisions of City Code.

(g) Food regulations. Event centers may serve food and beverages as an accessory activity in accordance with all applicable federal, state, and city regulations.

(h) Overnight accommodations. Overnight accommodations are not allowed.

(i) Accessibility. All buildings used in conjunction with event centers shall meet applicable accessibility requirements imposed by state or federal law.

(j) Code compliance. The building(s) used for the event center shall meet any and all applicable federal, state, and local codes, including those which apply to sanitary facilities.

(k) Outdoor events. All events shall take place within the event center building(s), unless otherwise allowed in the zoning district or City Code.

(15) Financial institutions. Drive-thru service, if approved as an accessory use to a financial institution, shall be located to the side or rear of the principal building whenever feasible.

(16) Funeral services.

(a) Funeral homes shall have its principal frontage, access, and orientation direction on an arterial or collector street.

(b) All structures shall be located so as not to require access from an interior residential street.

(17) Animal kennel/boarding (commercial):

(a) The kennel shall be sufficiently insulated so no unreasonable noise or odor can be detected off the premises.

(b) Outdoor kennels or cages and any outdoor storage uses are prohibited.

(c) The facility’s minimum floor area size must provide for 75 square feet per dog and 20 square feet per cat or other animal at any one time, exclusive of office or storage area. The facility must provide one cage or air kennel per animal.

(d) Animal wastes shall be immediately cleaned with solid wastes being enclosed in a container of sufficient construction to eliminate odors and organisms. All animal waste must be properly disposed of daily by a contracted refuse service.

(e) For all areas for animal care or keeping, wall finish materials below 48 inches in height shall be impervious, washable materials such as sealed masonry, ceramic tile, glassboard, or marlite. Floor finish shall be sealed concrete or other approved impervious surface.

(f) If an outdoor exercise area is provided, it shall be at least 100 square feet in size for each animal that occupies that area at any time.

(g) Outdoor areas used for animal training or exercise shall be enclosed or fenced in such manner as to prevent the running at large or escape of animals confined therein and must fully screen the activity from public right-of-way and adjacent property.

(h) If adjacent to residential uses, outdoor animal use areas must be set back at least 50 feet from all property lines, and 75 feet from residential property lot lines.

(i) Outdoor use areas must be located in side or rear yards of the property.

(j) Fencing materials must be at least six feet in height, must be fully opaque and must consist of durable, maintenance-free materials.

(k) Use of outdoor areas is limited to 7:00 a.m. to 9:00 p.m.

(l) Outdoor use areas shall be limited to no more than six animals outside at any one time.

(m) Animals must be supervised at all times when outdoors.

(n) No more than four animals shall be outside the fenced area per supervising staff person and all animals must be leashed.

(o) Related accessory services including grooming, veterinary services, and accessory retail sales may be conducted or provided at the facility, provided that:

1. Veterinary services are limited to annual checks and vaccination services and shall not exceed 30% of the total building area.

2. Retail component of kennel facility shall not exceed 15% of total building area.

(p) The facility ventilation system must be completely separate and independent of other tenant space within the building.

(q) All city code, State Health Department and Minnesota Pollution Control Agency licenses and requirements for such facilities are current and compliant.

(18) Landscaping/nursery business.

(a) The business shall be located next to a collector or arterial street as identified in the comprehensive plan, or otherwise located so that access to the site will not conduct significant traffic on local residential streets.

(19) Medical/clinical services. In the CCD, the following conditions shall apply:

(a) Building architecture shall be designed to reflect retail street-level architecture as defined in the City’s Comprehensive Plan, and detailed in the Comprehensive Plan Amendment entitled “Downtown Monticello Small Area Plan.”

(b) Street-level floor planning designed to accommodate use by or conversion to future use as retail land uses.

(20) Offices (commercial).

(a) Outdoor storage and accessory building - major shall be prohibited.

(b) Buildings or structures with less than 51% of office space shall not be classified as an office use and shall be regulated by the other use of the structure.

1. The traffic generated will not raise traffic volumes beyond the capacity of the surrounding area.

2. The architectural appearance of the building housing the office use shall reflect the building character of the area and shall not be so dissimilar as to cause impairment of property values or constitute a blighting influence within the neighborhood.

3. The provisions of this chapter are considered and satisfactorily met.

4. The site shall conform to signage requirements provided under § 153.064.

5. The site shall conform to lighting requirements as provided in this chapter. The lighting shall be restricted to be consistent with the hours of operation, within one half hour of open and close times.

(d) In the CCD, the following conditions shall apply:

2. Street-level floor planning designed to accommodate use by or conversion to future use as retail land uses.

3. Parking areas shall be situated so as to minimize their exposure to public areas, or shall be landscaped and screened to minimize large expanses of open pavement.

(21) Offices (professional) including financial institutions.

(a) Outdoor storage and accessory building - major shall be prohibited.

(b) Buildings or structures with less than 51% of office space shall not be classified as an office use and shall be regulated by the other use of the structure.

1. The traffic generated will not raise traffic volumes beyond the capacity of the surrounding area.

3. The provisions of this chapter are considered and satisfactorily met.

4. The site shall conform to signage requirements provided under § 153.064.

(d) In the CCD, the following conditions shall apply: Building architecture shall be designed to reflect retail street-level architecture as defined in the City’s Comprehensive Plan, and detailed in the Comprehensive Plan Amendment entitled “Downtown Monticello Small Area Plan.”

(e) Street-level floor planning designed to accommodate use by or conversion to future use as retail land uses.

(f) Parking areas shall be situated so as to minimize their exposure to public areas, or shall be landscaped and screened to minimize large expanses of open pavement.

(g) Parking supply shall be calculated at the same rate as retail sales.

(22) Personal services.

(a) Outdoor storage and accessory building - major shall be prohibited.

(b) Drive-thru service shall require authorization through conditional use permit in accordance with § 153.091.

1. Outdoor lighting shall be restricted to be consistent with the hours of operation, within one half hour of open and close times.

2. Hours of operation shall be limited to 6:00 a.m. to 9:00 p.m.

(d) Establishments engaged in dry cleaning shall be held to the following requirements:

1. Dry cleaning processing shall be restricted to the B-4 district.

2. Dry cleaning operations shall be self-contained in terms of noise and fumes with no venting to outside of building.

3. Dry cleaning facilities shall have direct access to major thoroughfare via driveway or frontage road.

(e) Tattoo facilities and providers shall be required to comply with the requirements of the Minnesota Department of Health licensing requirements and regulations, and display evidence of such compliance in a conspicuous location within the establishment.

(23) Production breweries and micro-distilleries with accessory taproom or cocktail room. Production breweries and micro-distilleries with accessory taproom or cocktail room shall be allowed by conditional use permit in the CCD, B-3 and B-4 Districts, provided that:

(a) The owner of the brewery qualifies for and receives a brewer license and a malt liquor wholesale license from the State of Minnesota, according to M.S. § 340A.301, as it may be amended from time to time.

(b) The brewery or micro-distillery includes an accessory brewer's taproom or cocktail room for the on-sale of products produced on-site, and such room shall require the applicable license from the City of Monticello, according to City Code.

(c) On-site sale of beer in the form of growlers shall require a brewery license for off-sale of malt liquor, according to City Code. Off-sale hours of sale must conform to hours of sale for retail off-sale licensees in the City of Monticello.

(d) Total production of malt liquor may not exceed 10,000 barrels annually. Of the 10,000-barrel production limit, onsite taproom retail sales shall not exceed 3,500 barrels annually, 500 barrels of which may be sold off-sale as growlers. The brewer shall annually submit production reports with the request to renew a brewer taproom or off-sale malt liquor license.

(e) A micro-distillery may be issued a license for off-sale of distilled spirits. The license may allow the sale of one 375-milliliter bottle per customer per day of product manufactured on-site, subject to the following requirements:

1. Off-sale hours of sale must conform to hours of sale for retail off-sale licensees in the City of Monticello.

2. No brand may be sold at the micro-distillery unless it is also available for distribution by wholesalers.

(f) Total production of liquor may not exceed 40,000 proof gallons annually. Of the 40,000 proof gallon production limit, onsite cocktail retail sales shall not exceed 3,500 proof gallons annually, 500 proof gallons of which may be sold off-sale in 375 milliliter bottles. The distiller shall annually submit production reports with the request to renew a cocktail room or off-sale liquor license.

(g) The brewery or micro-distillery facility provides adequate space for off-street loading and unloading of all trucks greater than 22 feet in length. In the absence of off-street loading, the city may impose limits on deliveries or shipments using the public rights-of-way, including regulating the number of trucks per day and the hours that deliveries are permitted.

(h) Loading docks shall be located and designed so they are not visible from adjoining public streets or adjoining residential zoning.

(i) No outdoor storage is permitted on the site, with the exception that waste handling (refuse and/or recycling) may occur in an enclosure that is fully screened from adjoining streets and residential zoning.

(j) No odors from the business may be perceptible beyond the property line.

(k) The business must be housed in a building that utilizes building design similar to, or compatible with, common commercial architecture, and shall avoid large wall expanses which contribute to an industrial environment.

(l) The brewer must demonstrate the capacity for producing, processing and storing malt liquor on the commercial site through the provision of a building floor plan illustrating production, bottling, and storage areas.

(m) All exterior lighting shall be compliant with § 153.063.

(24) Recreational vehicle camp site.

(a) The land area of the property containing such use or activity meets the minimum established for the district.

(b) The site shall be served by a major or arterial street capable of accommodating traffic which will be generated.

(d) Plans for utilities and waste disposal shall be subject to approval by the Community Development Department, and all applicable requirements of the State Pollution Control Agency are complied with.

(e) Not more than 5% of the land area of the site shall be covered by buildings or structures.

(f) The locations of such use shall be at minimum 100 feet from any abutting residential use district.

(25) Repair establishments.

(a) Outdoor storage and accessory building - major shall be prohibited.

(b) Outdoor storage shall be prohibited in the B-1, B-2 and CCD districts.

(c) No process involved in a repair operation shall produce noise, vibration, air pollution, fire hazard, or noxious emission which will disturb or endanger neighboring properties.

(26) Restaurants.

(a) For all restaurants, if the establishment (building) or outdoor seating area is located within 300 feet of a residential zoning district, the following standards shall apply:

1. The use shall require authorization through a conditional use permit.

2. Primary access from local residential streets shall be prohibited.

(b) Restaurants having outdoor seating (including, but not limited to, seating for dining or listening to live or recorded acoustic or amplified entertainment outside of the building) shall comply with the following standards:

1. The outdoor portions of the restaurant shall not operate after 10:00 p.m. unless a special event permit for such events has been approved by the City Council. Such a permit supersedes the provisions of City Code.

2. The outdoor seating area shall not obstruct the movement of pedestrians along sidewalks or through areas intended for public use.

3. The outdoor portions of the restaurant shall not operate after 10:00 p.m. unless a special event permit for such events has been approved by the City Council. Such a permit supersedes the provisions of City Code.

4. The outdoor seating area shall not obstruct the movement of pedestrians along sidewalks or through areas intended for public use.

(c) Restaurants having drive-through facilities shall require a conditional use permit and comply with the following standards:

1. All requirements for an accessory drive-through facility shall be met.

2. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of lot.

3. When abutting a residential use, the property shall be screened with at least a semi-opaque buffer (Table 4-2, Buffer Type “C”) in accordance with § 153.060(G).

4. Each light standard island and all islands in the parking lot landscaped or covered.

5. Parking areas shall be screened from view of abutting residential districts in compliance with § 153.060(F).

6. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movements, and shall be subject to the approval of the Community Development Department.

7. If in the CCD District, the following standards shall also apply:

a. The design of the site promotes pedestrian access adjacent to and along the property.

b. Site lighting shall utilize fixtures similar in style to that designated by the city for use in public areas of the “CCD” district.

c. The building, site, and signage meet the standards for the “CCD” district and design review is conducted by the Planning Commission.

d. Drive through facilities comply with the requirements of § 153.092(D)(14).

e. The proposed use demonstrates compatibility and consistency with the City’s Comprehensive Plan and as detailed in the Comprehensive Plan Amendment entitled “Downtown Monticello Small Area Plan.”

(27) Retail commercial uses (other).

(a) If the retail sales includes consignment sales, the following standards shall apply:

1. No auctions shall take place on the premises.

2. There shall be no outside storage.

(28) Specialty eating establishments.

(a) Drive through service shall be reviewed through the conditional use permit process and shall be located to the side or rear of the building whenever feasible.

(b) For all specialty eating establishments, if the establishment (building) or outdoor seating area is located within 300 feet of a residential zoning district, the following standards shall apply:

1. The use shall require authorization through a conditional use permit.

(c) Restaurants having outdoor seating (including, but not limited to, seating for dining or listening to live or recorded acoustic or amplified entertainment outside of the building) shall comply with the following standards:

1. The outdoor portions of the restaurant shall not operate after 10:00 p.m.

2. The outdoor seating area shall not obstruct the movement of pedestrians along sidewalks or through areas intended for public use.

(d) In addition to the above requirements, if in the CCD, the following conditions shall apply:

2. Site planning shall maximize building exposure to the street.

3. Drive-through facilities shall be located to minimize their exposure to the street.

5. Site planning shall be designed to emphasize connections to pedestrian facilities.

(29) Vehicle fuel sales.

(a) Regardless of whether the dispensing, sale, or offering for sale of vehicle fuels including gasoline, diesel, natural gas, or other petroleum fuels and oils, electric charging stations of more than two such stations, hydrogen, or any other fuel intended to power motor vehicles of any sort is the principal use of the property or is accessory to the conduct of the use or business, the standards and requirements imposed by this chapter for vehicle fuel sales shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property.

(b) A principal building is required wherever fuel pumps are to be installed, which square footage shall be a minimum of 10% of the total lot area.

(c) If the facility is in a Business Zoning District and/or associated with a business use in another district, such as a PUD district, the dispensing of such fuels shall be associated with a principal building accessible to the public, in which retail transactions of such fuels and/or other goods may occur.

(d) Wherever fuel pumps are to be installed, pump islands shall be installed.

(e) All signing and informational or visual communication devices shall be minimized and shall be in compliance with § 153.064.

(f) Provisions are made to control and reduce noise.

(g) If in the CCD District, the following standards shall also apply:

1. The design of the site promotes pedestrian access adjacent to and along the property.

2. No more than two curb cuts of 24 feet in width or less shall be permitted.

3. Site lighting shall utilize fixtures similar in style to that designated by the city for use in public areas of the “CCD” district.

4. The building, site, and signage meet the standards for the “CCD” district and design review is conducted by the Planning Commission.

5. The proposed use demonstrates compatibility and consistency with the City’s Comprehensive Plan and as detailed in the Comprehensive Plan Amendment entitled “Downtown Monticello Small Area Plan.”

(g) Electric vehicle charging facilities of more than two charging stations may be permitted in any zoning district on parcels on which a public use or building is also present. Such use shall require authorization through conditional use permit and subject to all provisions of § 153.091(E)(29).

(30) Vehicle sales or rental.

(a) The minimum building size for any vehicle sales or rental use shall comply with the standards in Table 5-3.

TABLE 5-3: MINIMUM BUILDING SIZE FOR VEHICLE SALES/RENTAL USES
Parcel Size	Lot Coverage Percent*	Minimum Building Size*
Less than 2 acres	5%	2,500 sq. ft.
2 acres to less than 4 acres	7%	10,000 sq. ft.
4 acres to less than 8 acres	9%	20,000 sq. ft.
8 acres or more	9%	40,000 sq. ft.
*Whichever requires the larger building

(b) When abutting a residential use, the property shall be screened with an opaque buffer (Table 4-2, Buffer Type “D”) in accordance with § 153.060(G).

(d) The outside sales and display area shall be hard surfaced.

(e) The outside sales and display area does not utilize parking spaces which are required for conformance with this chapter.

(f) Vehicular access points shall create a minimum of conflict with through traffic movement and shall be subject to the approval of the Community Development Department.

(g) There is a minimum lot area of 22,500 square feet and minimum lot dimensions of 150 feet by 130 feet.

(h) A drainage system subject to the approval of the Community Development Department shall be installed.

(31) Veterinary facilities.

(a) Treatment shall be limited to small household pets unless the facility is conditionally permitted as a rural veterinary facility.

(b) In the CCD district, animals shall only be housed overnight if they are undergoing medical treatment or observation. Overnight boarding for non-medical reasons shall be prohibited.

(c) The site shall be designed to prevent animal waste from being exposed to stormwater or entering the stormwater system, streams, lakes, or conveyances. If an area is provided for animals walking, it shall not be exposed to stormwater and the waste shall immediately be picked up and disposed of properly.

(d) Animals shall not be kept outdoors or be allowed to remain outside unsupervised.

(e) All animals must be leashed.

(f) No outside storage of carcasses.

(g) The facility shall be subject to an annual inspection by a City Health Officer at owner's expense.

(h) In the CCD, F-1 sub-district, the following additional standards shall apply:

2. Street level floor planning designed to accommodate use by or conversion to future use as retail uses.

3. Overnight animal boarding shall only be allowed as an accessory use to clinic services, and shall be situated so as to prohibit exposure, noise, or other nuisance conditions.

(32) Retail service.

(a) Repair of all goods shall occur within an enclosed building.

(b) Outdoor sales and display shall be conducted in accordance with this chapter.

(c) Off-street loading and delivery shall be in accordance with this chapter and shall not reduce the required off-street parking required for the site and use.

(d) Outdoor storage shall be prohibited.

(e) No process involved in a service operation shall produce noise, vibration, air pollution, fire hazard, or noxious emission which will disturb or endanger neighboring properties.

(f) If adjacent to a residential property, the use shall require installation of a buffer yard in accordance with this chapter.

(33) Cannabis retail business. Including cannabis retailer, medical cannabis retailer, medical cannabis combination business with retail location, cannabis microbusiness retail location, and cannabis mezzobusiness retail location shall be subject to the following standards:

(a) Cannabis retailers as enumerated above shall comply with all of the requirements of § 153.091(C).

(b) Any location of a cannabis retailer, medical cannabis retailer, medical combination business retail location, cannabis microbusiness retail location or cannabis mezzobusiness retail location in a B-3 or B-4 zoning district shall have a license or endorsement allowing for retail sales at that location from the State of Minnesota OCM.

(c) The combination of retail cannabis sales and any other cannabis business as a "microbusiness" or "mezzobusiness" shall be considered a single business entity for purposes of signage allowances.

(d) No cannabis-related business shall permit consumption of any product on- site, except by conditional use permit, subject to the following conditions:

1. The facility shall only be located in the B-3 or B-4 zoning district.

2. If the facility is a part of a multi-tenant building, the facility shall ensure that no odors from smoke or other on-site activities can be detectable outside of the facility.

3. Consumption may be allowed only indoors, located in a specified area physically separated from other retail floor space.

(e) No cannabis-related business with a retail component or endorsement shall provide delivery of its product to retail customers unless expressly allowed by a state license, except that medical cannabis retailers may make deliveries to their customers with valid medical prescriptions.

(f) Receipt of cannabis products by a retail customer shall only occur within the building establishment and shall not occur through any outside pick-up or drive-through delivery process.

(F) Regulations for industrial uses.

(1) Automobile repair - major.

(a) Door opening to service area garage must not face street frontage.

(b) Vehicle storage area limited to 50% of floor space of the structure housing the auto body shop.

(d) Vehicle storage area shall be enclosed by enclosure intended to screen the view of vehicles in storage from the outside. Enclosure shall consist of a six-foot high, 100% opaque fence designed to blend with the auto body shop structure and consisting of materials treated to resist discoloration.

(e) The floor of the vehicle storage area shall consist of asphalt or concrete paving.

(f) All work on vehicles or vehicle parts shall be conducted within an enclosed building.

(g) No conditional use permit shall be granted for an auto body shop located within 600 feet of a residential zone existing at the time the conditional use permit is granted.

(2) Bulk fuel sales and storage.

(a) Gas storage shall be limited to quantities not exceeding 500,000 cubic feet and not located within 100 feet from any lot line.

(b) Gas storage with quantities not exceeding 200 cubic feet, if the pressure is greater than 100 pounds per square inch, shall not be located within 50 feet of any lot line.

(3) Commercial self-storage facilities.

(a) Site layout.

1. The minimum lot area shall be at least two acres.

2. If separate buildings are constructed, there shall be a minimum separation of ten feet between buildings.

(b) Operation.

1. The only commercial uses permitted on-site shall be the rental of storage bays and the pickup and deposit of goods or property in cold storage. Storage bays shall not be used to manufacture, fabricate, or process goods, to service or repair vehicles, small engines or electrical equipment, or conduct similar repair activities, to conduct garage sales or retail sales of any kind, or to conduct any other commercial or industrial activity on the site.

2. Individual storage bays or private postal boxes within a self-service storage facility use shall not be considered premises for the purpose of assigning a legal address.

3. No more than one security or caretaker quarters may be developed on the site, and shall be integrated into the building’s design.

4. Except as otherwise authorized in this division, all property stored on the site shall be enclosed entirely within enclosed buildings.

5. If buildings or driving lanes are within 200 feet of a residential dwelling, the hours of public access to the self-storage use shall be restricted to the hours between 6:00 a.m. and 10:00 p.m.

1. The one- or two-way traffic flow patterns in aisleways shall be clearly marked. Marking shall consist, at a minimum, of standard directional signage and painted lane markings with arrows.

2. Appropriate access and circulation by vehicles and emergency equipment shall be ensured through the design of internal turning radii of aisleways.

3. All access ways shall be paved with asphalt, concrete, or comparable paving materials.

(d) Building appearance.

1. Garage doors serving individual storage units shall be perpendicular to a public or private street so as to not be visible from adjacent streets.

2. Outdoor lighting shall be the minimum necessary to discourage vandalism and theft, and shall be provided in accordance with § 153.063, Exterior Lighting.

3. The exterior facades of all structures facing a public street shall adhere to § 153.070, Building Materials.

4. Windows may not exceed 20% of any street-facing façade and shall not be reflective.

5. A maximum of two colors (excluding roof colors) shall be used on wall facades visible from off-site areas. Colors shall be neutral, and shall not be used to call attention to the use.

6. Perimeter or exterior walls visible from a public street or detached residential dwelling shall not include metal as a primary material.

7. All mechanical equipment and dumpsters shall be fully screened from off-site views.

(e) Fencing. All areas adjacent to a street frontage not occupied by a building shall include fencing designed in accordance with the following standards:

1. Fences shall be no shorter than six feet or taller than eight feet.

2. Fencing shall be masonry, wrought iron, steel, or aluminum and shall be painted or vinyl coated with colors that complement the buildings.

3. Chain link fencing is prohibited except where the use abuts lots with a business zoning designation, but in no instance shall chain link fencing be visible from a public street.

4. Metal fences shall include brick pilasters or supports located with consistent on-center spacing.

5. Wooden or chain link entry gates into the use are prohibited.

(4) Temporary contractor's yards.

(a) Temporary contractor's yards shall be allowed only by interim use permit, subject to the standards of § 153.028(E).

(b) Temporary contractor's yards shall be accommodated only in association with the construction of public infrastructure projects on public property, rights-of-way, or public easements.

(c) Temporary contractor's yards shall be located only on property directly abutting a county, state or federal highway, and shall minimize use of local streets. No local streets may be used by temporary contractor equipment, with the exception of streets or utilities currently under construction or reconstruction for that purpose, or which are deemed necessary for such use by the City Engineer to provide access to a permitted construction site.

(d) Such yards shall provide haul routes for approval by the City Engineer.

(e) Such yards shall provide adequate securities, as determined by the City Council, for the restoration of any municipal infrastructure damaged due to the operation of the yard.

(f) Such yards shall provide, as a condition of their permit, for adequate stormwater management, dust control, traffic control, and other requirements of the City Engineer.

(g) Interim use permits for temporary contractor's yards shall include a restoration plan ensuring the restoration of the property to a condition meeting the zoning and nuisance standards of the city.

(5) Extractive uses.

(a) All regulations in this chapter shall be met.

(b) Plans shall be provided to illustrate how the land will be left in a usable condition upon cessation of extraction activities, shall prove that the finished grade will not adversely affect the surrounding land or future development of the site on which the mining is being conducted, and the route of trucks moving to and from the site.

1. The type(s) of material being mined on the site;

2. A program for rodent control;

3. A plan for fire control and general maintenance of the site;

4. Controls for vehicular ingress and egress, and for control of material disbursed from wind or hauling of material to or from the site;

5. A calendar of specific dates when mining operations will be conducted, including specific beginning and ending dates, but not for a period exceeding five years from beginning to end of permit; and

6. The submission of a surety by the applicant in an amount determined by the Community Development Department to be equal to 100% of the value of the cost of restoring land whereupon mining is to occur and repairing the degradation of roadways used to transport soils.

(d) On-site sales may be allowed as part of the interim use permit subject to all conditions established by the City Council to ensure the health, safety, and welfare of those visiting the site and of surrounding property owners.

(e) For extraction of materials under this section within the Pointes at Cedar Zoning District, no such permit shall be issued except where:

1. The city has an interest in the subject property ownership;

2. The city is conducting the extraction under a contract with the fee title owner or representative; or

3. The city approves such a permit for another government agency and/or its contractor for a public project.

(f) In the Pointes at Cedar (PCD) or A-O Districts, and at the city's sole discretion, the IUP under this section may include screening, concrete mixing, asphalt plant operation, or other activities utilizing the raw materials being extracted from the site, provided the city finds that no adverse impact on adjoining property use will occur, including, but not limited to, noise, odors, dust, or other particulate matter.

(g) For the purposes of this section, mining or excavation shall mean solely the removal of minerals, including sand, stone, clay, gravel, or soil in quantities of more than 100 cubic yards, and hauling of said materials from the site. For quantities of less than 100 cubic yards, or for projects that extract and relocate the materials on the same project site regardless of quantity, administrative grading permits may be issued without need for an IUP.

(h) For extraction operations which will last only one season, such as for public road construction projects, the City Council may issue a temporary extraction permit. Such permit may include the placement of a bituminous hot mix plant and other accessory equipment. Said permits shall only apply if the extraction site is to be opened, closed and reclaimed within one year. The Zoning Administrator may waive some of the information required by division (5)(k) below in the case of a temporary extraction permit. A temporary extraction permit shall be administered as an interim use permit.

(i) For extraction operations issued an interim use permit under this section, the city may, at its sole discretion, approve the import of recyclable concrete or asphalt materials for the purpose of crushing and re-use of those materials off-site. No crushing, washing, refining, processing, or other recycling machinery shall be operated within 500 feet of any residential property boundary, nor shall such machinery be operated for more than two weeks in any calendar year. Any such crushing or similar activity shall be operational only during the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday.

(j) Any extraction IUP issued under this division (F)(5) shall include, as a component of the IUP, a mandatory land reclamation permit, as regulated under division (F)(10).

(k) Information required. The following information shall be provided by the person requesting the permit:

1. Name and address of person requesting the extraction permit;

2. The exact legal property description and acreage of area to be mined;

3. The following maps of the entire site and to include all areas within 100 feet of the site.

a. Map A, existing conditions to include:

(i) Contour lines at five two-foot intervals;

(ii) Existing vegetation;

(iii) Existing drainage and permanent water areas;

(iv) Existing structures; and

(v) Existing wells.

b. Map B, proposed operations to include:

(i) Structures to be erected;

(ii) Location of sites to be mined showing depth of proposed excavation;

(iii) Location of tailings deposits showing maximum height of deposits;

(iv) Location of machinery to be used in the extraction operation;

(v) Location of storage of mined materials, showing height of storage deposits;

(vi) Location of vehicle parking, truck staging, queueing, or stacking area, access roads and local truck routes;

(vii) Location of storage of explosives, equipment, and other equipment materials;

(viii) Erosion and sediment control structures;

(ix) Screening, berms, and proposed plantings; and

(x) Location of leak containment structures, in the event of a petrochemical leak or spill.

c. Map C, reclamation plan to include:

(i) All of the information required in division (F)(10).

(l) Financial guarantee. The city shall require a cash escrow, or irrevocable letter of credit in a form and from a financial institution acceptable to the city, to guarantee compliance with this division and terms and specifications of the interim use permit. The city shall have the right to use the financial guarantee to remove stockpiles, complete site rehabilitation, and correct other deficiencies or problems, in the event the owner or operator is in default of the permit obligations. The amount of financial guarantee shall be equal to $5,000 for every permitted acre or any other amount deemed acceptable by the City Council. The financial guarantee may be adjusted periodically to reflect ongoing progress, at the discretion of the Zoning Administrator, and shall remain in full force and effect until all conditions of the permit have been met, including site restoration.

(m) Exceptions. An extraction permit shall not be required for any of the following:

1. Excavation for a foundation, basement, or other building activity, if such work has been properly permitted.

2. Excavation by city authorities or their contractors in connection with construction and maintenance of roads, highways, bridges, stormwater management projects, parks or utilities within the city limits, conducted solely within the related easement areas or rights-of-way.

3. Grading and removal of materials in accordance with the development of an approved plat or development, if the activity was reviewed as part of the approval process.

(6) General warehousing.

(a) The use shall be located at least 500 feet from any residential district, school, or day care center.

(b) The use shall not locate storage areas within a required setback or perimeter buffer.

(c) The use shall locate outdoor storage areas to the rear of the principal structure. All such outdoor storage shall be screened from view of adjacent properties in conformance with the requirements of § 153.060(I).

(d) The use shall be designed to ensure proper functioning of the site as related to vehicle stacking, circulation, and turning movements.

(e) The use shall have direct access onto an arterial or collector roadway.

(7) Heavy manufacturing.

(a) The use shall be located at least 500 feet from any residential district, school, or day care center.

(b) The use shall locate outdoor storage areas to the rear of the principal structure and be screened with a fence or wall in accordance with § 153.060(I). The height of materials and equipment stored shall not exceed the height of the screening fence or wall.

(d) The use shall have direct access onto an arterial or collector roadway.

(8) Industrial services.

(a) The entire site other than that taken up by a building, structure, or plantings shall be paved.

(b) A drainage system subject to the approval of the Community Development Department shall be installed.

(c) The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right-of-way and shall be in compliance with § 153.063.

(d) When abutting a residential use, the property shall be screened with an opaque buffer (Table 4-2, Buffer Type "D") in accordance with § 153.060(G).

(e) Parking or car magazine storage space shall be screened from view of abutting properties and the public right of way in compliance with § 153.060(F).

(f) All signing and informational or visual communication devices shall be minimized and shall be in compliance with § 153.064.

(g) Provisions are made to control and reduce noise.

(h) No outside storage except as permitted or conditionally permitted in compliance with § 153.092(D)(26).

(i) If the business requires the use of large commercial vehicles or other large machinery, a specific area shall be designated for the exterior storage of the vehicles and equipment.

(9) Industrial self-storage facilities.

(a) Such facilities shall occupy no less than 2,000 square feet per individual storage unit in any complex or building.

(b) All individual units shall have overhead door access and service access separate from other units, and no common access shall be permitted.

(d) Site layout:

1. The minimum lot area shall be at least two acres.

2. If separate buildings are constructed, there shall be a minimum separation of ten feet between buildings.

(e) Operation:

2. Individual storage bays or private postal boxes within a self-service storage facility use shall not be considered premises for the purpose of assigning a legal address.

3. No more than one security or caretaker quarters may be developed on the site, and shall be integrated into the building’s design.

4. Except as otherwise authorized in this division, all property stored on the site shall be enclosed entirely within enclosed buildings.

5. If buildings or driving lanes are within 200 feet of a residential dwelling, the hours of public access to the self-storage use shall be restricted to the hours between 6:00 a.m. and 10:00 p.m.

(f) Parking and circulation.

1. The one- or two-way traffic flow patterns in aisleways shall be clearly marked. Marking shall consist, at a minimum, of standard directional signage and painted lane markings with arrows.

2. Appropriate access and circulation by vehicles and emergency equipment shall be ensured through the design of internal turning radii of aisleways.

3. All access ways shall be paved with asphalt, concrete, or comparable paving materials.

(g) Building appearance.

1. Garage doors serving individual storage units shall be perpendicular to a public or private street so as to not be visible from adjacent streets.

2. Outdoor lighting shall be the minimum necessary to discourage vandalism and theft, and shall be provided in accordance with § 153.063, Exterior Lighting.

3. The exterior facades of all structures facing a public street shall adhere to § 153.070, Building Materials.

4. Windows may not exceed 20% of any street-facing façade and shall not be reflective.

5. A maximum of two colors (excluding roof colors) shall be used on wall facades visible from off-site areas. Colors shall be neutral, and shall not be used to call attention to the use.

6. Perimeter or exterior walls visible from a public street or detached residential dwelling shall not include metal as a primary material.

7. All mechanical equipment and dumpsters shall be fully screened from off-site views.

(h) Fencing. All areas adjacent to a street frontage not occupied by a building shall include fencing designed in accordance with the following standards:

1. Fences shall be no shorter than six feet or taller than eight feet.

2. Fencing shall be masonry, wrought iron, steel, or aluminum and shall be painted or vinyl coated with colors that complement the buildings.

3. Chain link fencing is prohibited except where the use abuts lots with a business zoning designation, but in no instance shall chain link fencing be visible from a public street.

4. Metal fences shall include brick pilasters or supports located with consistent on-center spacing.

5. Wooden or chain link entry gates into the use are prohibited.

(i) Open storage. Open storage of recreational vehicles and travel trailers of the type customarily maintained by persons for their personal use shall be permitted within a self-service storage facility use, provided that the following standards are met:

1. No outdoor storage shall be visible from off-site views.

2. The storage shall occur only within a designated area, which shall be clearly delineated.

3. The size of the storage area shall not exceed 25% of the buildable area of the site.

4. Outdoor storage areas shall be located to the rear of the principal structure and be screened with a wooden fence or masonry wall at least eight feet high.

5. Storage shall not occur within the areas set aside for minimum building setbacks.

6. No dry stacking of boats shall be permitted on-site.

7. Vehicles shall be allowed on the premises for storage only.

(10) Land reclamation. The interim use permit authorizing land reclamation shall require:

(a) A finished grade plan which will not adversely affect the adjacent land;

(b) The type of fill permitted;

(d) A plan for fire control and general maintenance of the site;

(e) Controls for vehicular ingress and egress, and for control of material disbursed from wind or hauling of material to or from the site;

(f) A soil erosion and sediment control plan;

(g) A calendar of specific dates when land reclamation operations will be conducted, including specific beginning and ending dates;

(h) The submission of a surety by the applicant in an amount determined by the Community Development Department to be equal to 100% of the value of the cost of restoring land whereupon land reclamation is to occur and repairing the degradation of roadways used to transport soils; and

(i) Unless otherwise required by the City Council, a minimum of four inches of clean, uncontaminated topsoil shall be placed on all final graded and rehabilitated areas. The peaks and depressions of the area shall be graded and backfilled to a surface which will result in a gently rolling topography in substantial conformity to the land area immediately surrounding area, and which will minimize erosion due to rainfall. No finished slope shall exceed 25% in grade.

(11) Light manufacturing. Light manufacturing uses may include a commercial component provided the following standards are met:

(a) The commercial component is directly related to the products being created by the light manufacturing use.

(b) The commercial component shall not exceed 30% of the gross floor area of the principal use.

(12) Machinery/trucking repair & sales and industrial services.

(a) A drainage system subject to the approval of the Community Development Department shall be installed.

(b) The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right-of-way and shall be in compliance with § 153.063.

(c) When abutting a residential use, the property shall be screened with an opaque buffer (Table 4-2, Buffer Type “D”) in accordance with § 153.060(G).

(d) Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with § 153.060(F).

(e) All signing and informational or visual communication devices shall be minimized and shall be in compliance with § 153.064.

(f) Provisions are made to control and reduce noise.

(g) Any such facility shall include a principal building of no less than 30,000 square feet in floor area. The square footage shall be increased by 15% of each acre of the parcel size above five acres.

(h) Additional accessory buildings related to the principal use may be provided on the site as a part of essential operations of this use without the need for PUD approvals but shall be limited to no more than 15% of the gross square footage of the principal use. Leasing of such buildings to other business entities or operations would require the processing of a PUD per § 153.028(O).

(i) Any outdoor storage (separate from approved sales and display area) of vehicles and/or equipment awaiting repair accessory to the principal use shall be limited to an area of the site no greater than the footprint of the principal building.

(j) Any outdoor storage of vehicles and/or equipment awaiting repair, repair vehicles and/or equipment must be kept on a paved surface such as bituminous or concrete, screened from view of adjoining public rights-of-way and residentially zoned property. Such outdoor storage area must be designated on an approved site plan. Sites utilizing heavy equipment shall rely on reinforced concrete to ensure long-term durability of the paved surface.

(k) Any outdoor display of for-sale vehicles or equipment must be paved with a hard surface such as bituminous or concrete and occupy an area of the site no greater than 200% of the footprint of the principal building, not including areas dedicated to required parking and general circulation on the site. Such outdoor display area must be designated on an approved site plan.

(l) Sites utilizing heavy equipment shall rely on reinforced concrete to ensure long-term durability of the paved surface.

(m) All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions.

(n) If the business repairs semi-trucks or other large machinery, a specific area shall be designated for the exterior storage of the things being repaired and/or other vehicles and equipment accessory and incidental to the vehicle or machinery being repaired or serviced.

(13) Production breweries and micro-distilleries. Production breweries and micro-distilleries shall be allowed as a permitted use in the I-1 and I-2 District, provided that:

(b) Total production of malt liquor may not exceed 250,000 barrels annually.

(14) Production breweries and micro-distilleries with accessory taproom or cocktail room. Production breweries and micro-distilleries with accessory taproom or cocktail room shall be allowed by conditional use permit in the IBC, I-1 and I-2 Districts, provided that:

(a) The facility is located in an area that includes and/or serves commercial traffic.

(b) The facility is not located within 500 feet of a residential zoning district.

(c) The owner of the brewery qualifies for and receives a brewer license and a malt liquor wholesale license from the State of Minnesota, according to M.S. § 340A.301, as it may be amended from time to time.

(d) Total production of malt liquor may not exceed 250,000 barrels annually.

(15) Recycling and salvage center.

(a) The center shall be on a parcel with an area of at least four acres.

(b) The center shall be located at least 250 feet from any residential district, school, or day care.

(c) Except for a freestanding office, no part of the center shall be located within 25 feet of any property line, or the minimum buffer yard setbacks required in § 153.060(G), whichever requires the greater setback.

(d) All recycling activities and storage areas shall be effectively screened from view by walls, fences, or buildings. Such screening shall be designed and installed to ensure that no part of recycling activities or a storage area can be seen from rights-of-way or adjacent lots.

(e) All outdoor storage areas shall be surrounded by a solid fence or wall that is at least eight feet high, located no less than 30 feet from any public right-of-way, and located no less than 15 feet from any adjacent property.

(f) Recyclable materials shall be contained within a leak-proof bin or trailer, and not stored on the ground. In the alternative, the outdoor storage of recyclable materials may occur on the ground, provided that the ground is surfaced with a suitable material acceptable to the city to control dust and drainage in a manner that is consistent with the city’s stormwater management requirements, and is fenced and screened to ensure that no storage is taller in elevation than the height of the screening.

(g) The facility shall at all times comply with the terms of the MCPA permitting for the site, and shall promptly comply with any order of mitigation or correction issued by the MPCA when an inconsistency or violation is found. The city may require additional improvements to protect the city’s stormwater management system resulting from operation of the facility, including but not limited to, additional stormwater treatment, reporting, and notifications as appropriate.

(h) There shall be no collection or storage of biodegradable wastes (as defined by the PCA) on the site. The storage of hazardous wastes shall be, at all times, found to be in compliance with the requirements and permitting of the MPCA as applicable to the site and the material in question.

(i) Space shall be provided to park each commercial vehicle operated by the center.

(j) The facility shall be administered by on-site persons during the hours the facility is open.

(k) The site shall be maintained free of fluids, odors, litter, rubbish, and any other non-recyclable materials. The site shall be cleaned of debris on a daily basis and shall be secured from unauthorized entry and removal of materials when attendants are not present.

(l) Noise levels shall be controlled in accordance with § 153.091(A)(2)(e).

(m) Signage shall include the name and phone number of the facility operator and indicate any materials not accepted by the center.

(n) Access to the center shall be from a collector or arterial street.

(o) No dust, fumes, smoke, vibration or odor above ambient level shall be detectable on abutting properties.

(16) Truck or freight terminal.

(a) The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing, conforming buildings or areas as to cause impairment in property values or constitute a blighting influence within the district in which the proposed use is located.

(b) Parking areas shall be screened from view of abutting residential districts and public streets in compliance with § 153.060(I). Trucks and trailers stored on the site shall be screened from adjoining residential areas and public streets with a combination of trees, shrubs, and fencing to ensure that no view of the trailers is possible from abutting residential property to a height of no less than 12 feet.

(c) The entire site, other than that taken up by a building, structure, or plantings, must be paved with a hard surface such as bituminous or concrete sites utilizing heavy equipment shall rely on reinforced concrete to ensure long-term durability of the paved surface. All surfaces shall be developed with a stormwater management system approved by the City Engineer.

(d) The site shall meet minimum lot dimension requirements of the District.

(e) No outside storage except as permitted or conditionally permitted in compliance with § 153.092(D)(26).

(f) Parking areas accessible to the public, including customers and employees shall be paved.

(g) No more than 6,000 square feet of the site shall be devoted to the storage, parking, and/or circulation of semi-tractors and trailers, as illustrated on a site plan submitted in connection with an application for a conditional use permit.

(h) All service activities shall occur within the principal building or approved accessory buildings.

(17) Waste disposal and incineration.

(a) Disposal must be in accordance with Minnesota Pollution Control Agency regulations.

(b) The facility must secure applicable local, county, state, and/or federal permits.

(18) Wrecker and towing services.

(a) All outside storage shall be enclosed by a sight-obscuring fence of up to eight feet in height. The fence and the materials used to construct it shall be approved of by the city.

(b) No vehicles shall be stored within the 100-year floodplain.

(c) Upon receiving a motor vehicle which will not be repaired, the applicant will take measures to ensure that no discharge of any fluids from any motor vehicle shall be permitted into or onto the ground.

(d) No dismantling of motor vehicles shall be allowed.

(e) No vehicles shall be stored within 300 feet of a well that serves as a public or private water supply unless such well serves the business.

(f) Towed vehicles shall be stored only in areas behind the front building line of the property, screened as required in this section. Towing equipment and vehicles may be parked in specifically designated locations on an approved site plan.

(19) Industrial cannabis businesses. Including the following cannabis-related uses: cultivator; manufacturer; wholesaler; transporter; testing facility; delivery service; mezzobusiness; microbusiness; any such business that conducts these activities for lower-potency hemp enterprises; any such business that conducts these activities for medical cannabis enterprises; or any other cannabis-related business enterprise that is not expressly and solely a retail business, shall be subject to the following standards:

(a) Industrial cannabis businesses shall comply with all of the requirements of § 153.091(C).

(b) The entire site other than that taken up by a building, structure, or plantings shall be paved.

(d) The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right-of-way and shall be in compliance with § 153.063.

(e) In an I-1 District, when abutting a residential use, the property shall be screened with an opaque buffer (Table 4-2, Buffer Type "D") in accordance with § 153.060(G).

(f) In an I-2 District, no parcel may be used for cannabis-related business if such parcel abuts a residential district.

(g) All signing and informational or visual communication devices shall be minimized and shall be in compliance with § 153.064.

(h) Provisions are made to control and reduce noise.

(i) Waste-handling equipment and processes shall be enclosed and indoors.

(j) No outside storage shall be allowed for any cannabis-related business. Parking of delivery or transport vehicles shall occur only in designated spaces, and shall not be considered outside storage.

(k) Cannabis cultivation uses as part of any industrial cannabis business shall be subject to the following additional requirements:

1. Cannabis cultivators shall limit site and/or building lighting to ensure that light at the property line is measured at 0.0 footcandles.

2. All lighting shall be hooded, downcast, and not create glare to any other property.

3. All buildings shall comply with the city's zoning and building regulations, and be adaptable to other non-cultivation use.

(Ord. 762, passed 8-23-2021; Ord. 771, passed 2-28-2022; Ord. 780, passed 7-25-2022; Ord. 791, passed 11-14-2022; Ord. 797, passed 2-13-2023; Ord. 799, passed 2-27-2023; Ord. 804, passed 8-14-2023; Ord. 827, passed 6-24-2024; Ord. 828, passed 6-24-2024; Ord. 830, passed 7-22-2024; Ord. 835, passed 11-25-2024)

§ 153.062 FENCES AND WALLS.

(A) Swan River PUD District.

(1) Purpose. The purpose of the Swan River PUD District is to provide for the development of certain properties for elementary and secondary school activities and uses. The purpose of the district shall incorporate the Public Values Statement of record, as may be amended, adopted jointly by the Planning Commission and City Council as of January 27, 2014.

(2) Permitted uses. Permitted principal uses in the Swan River PUD District shall be Elementary and Secondary School, subject to the approved Final Stage Development Plans and development agreement, as may be amended.

(3) Accessory uses. Accessory uses shall be those commonly accessory and incidental to elementary and secondary schools, and as identified by the approved final stage PUD.

(4) District performance standards. Performance standards for the development of any lot in the Swan River PUD District shall adhere to the approved final stage PUD plans and development agreement. Only where any proposed improvement is not addressed by the final stage PUD, the regulations of the CCD, Central Community District shall apply.

(5) Changes. Where changes to the PUD are proposed in the manner of use, density, site plan, development layout, or building size, mass or coverage, or any other change, the proposer shall apply for an amendment to PUD under the terms of the § 153.028(O)(10). The city may require that substantial changes in overall use of the PUD property be processed as a new project, including a zoning district amendment.

(B) Monticello High School PUD District.

(1) Purpose. The purpose of the Monticello High School PUD District is to provide for the development of certain real estate subject to the District for public school buildings and related land uses.

(2) Permitted uses. Permitted principal uses in the Monticello High School PUD District shall be schools, including pre-school, K-12, and related administrative uses, subject to the approved Final Stage Development Plans dated June 27, 2016, and development agreement dated July 22, 2016, as may be amended.

(3) Accessory uses. Accessory uses shall be those commonly accessory and incidental to primary and secondary school uses, and as specifically identified by the approved final stage PUD plans.

(4) District performance standards. Performance standards for the development of any lot in the Monticello High School PUD District shall adhere to the approved final stage PUD plans and development agreement. In such case where any proposed improvement is not addressed by the final stage PUD, then the regulations of the R-1, Single-family District shall apply.

(5) Amendments. Where changes to the PUD are proposed in the manner of use, density, site plan, development layout, building size, mass, or coverage, or any other change, the proposer shall apply for an amendment to PUD under the terms of the Monticello Zoning Ordinance, § 153.028(O)(10). The city may require that substantial changes in overall use of the PUD property be processed as a new project, including a zoning district amendment.

(1) Purpose. The purpose of the Mills Fleet Farm PUD District is to provide for the development of certain real estate subject to the District for retail commercial land uses.

(2) Permitted uses. Permitted principal uses in the Mills Fleet Farm PUD District shall be retail commercial uses as found in the B-4, Regional Business District of the Monticello Zoning Ordinance, subject to the approved Final Stage Development Plans dated July 19, 2016, the amendment to Planned Unit Development dated June 12, 2017, and development agreement dated July 25, 2016, amended October 24, 2016 and as may be amended. The introduction of any other use from any district, including Conditional Uses in the B-4 District, shall be reviewed under the requirements of §§ 153.025 through 153.028 – Planned Unit Development for Development Stage PUD and Final Stage PUD.

(3) Accessory uses. Accessory uses shall be those commonly accessory and incidental to retail uses, and as specifically identified by the approved final stage PUD plans, which shall hereby be incorporated by reference.

(4) District performance standards. Performance standards for the development of any lot in the Mills Fleet Farm PUD District shall adhere to the approved final stage PUD plans, which shall hereby be incorporated by reference and development agreement dated July 25, 2016. In such case where any proposed improvement is not addressed by the final stage PUD, then the regulations of the B-4, Regional Business District shall apply.

(5) Amendments. Where changes to the PUD are proposed in the manner of use, density, site plan, development layout, building size, mass, or coverage, or any other change, the proposer shall apply for an amendment to the PUD under the terms of § 153.028(O)(10). The city may require that substantial changes in overall use of the PUD property be processed as a new project, including a zoning district amendment.

(D) Red Rooster PUD District.

(1) Purpose. The purpose of the Red Rooster PUD District is to provide for the development of certain real estate subject to the District for office-commercial and industrial services land uses.

(2) Permitted uses. Permitted principal uses in the Red Rooster PUD District shall be office-commercial uses as found in the B-2, Limited Business District and industrial services uses as found in the I-1, Light Industrial District of the Monticello Zoning Ordinance, subject to the approved Final Stage Development Plans dated May 23, 2016, and development agreement dated July 25, 2016, as may be amended.

(3) Accessory uses. Accessory uses shall be those commonly accessory and incidental to office-commercial uses, and as specifically identified by the approved final stage PUD plans, including limited non-commercial self-storage as an accessory use. Accessory buildings on the site may be utilized for indoor storage for enterprises which may or may not occupy principal use space on the property. No outdoor storage of materials or equipment shall be permitted.

(4) District performance standards. Performance standards for the development of any lot in the Red Rooster PUD District shall adhere to the approved final stage PUD plans and development agreement. In such case where any proposed improvement is not addressed by the final stage PUD, then the regulations of the B-2, Limited Business District shall apply.

(5) Amendments. Where changes to the PUD are proposed in the manner of use, density, site plan, development layout, building size, mass, or coverage, or any other change, the proposer shall apply for an amendment to the PUD under the terms of the Monticello Zoning Ordinance, § 153.028(O)(10). The city may require that substantial changes in overall use of the PUD property be processed as a new project, including a zoning district amendment.

(E) Spaeth Industrial Park PUD District.

(1) Purpose. The purpose of the Spaeth Industrial Park PUD District is to provide for the development of certain real estate subject to the District for industrial land uses.

(2) Permitted uses. Permitted principal uses in the Spaeth Industrial Park PUD District shall be indoor industrial uses as found in the I-2, Heavy Industrial District of the Monticello Zoning Ordinance, subject to the approved Final Stage Development Plans dated July 24, 2017 and development agreement dated July 24, 2017, as may be amended. The introduction of any other use from any district, including Conditional Uses in the I-2 District, shall be reviewed under the requirements of § 153.028(O) – Planned Unit Developments for Development Stage PUD and Final Stage PUD. Industrial Self-Storage, as defined by the Monticello Zoning Ordinance.

(3) Accessory uses. Accessory uses shall be those commonly accessory and incidental to industrial uses, and as specifically identified by the approved final stage PUD plans, but shall not include outdoor storage or other activities.

(4) District performance standards. Performance standards for the development of any lot in the Spaeth Industrial Park PUD District shall adhere to the approved final stage PUD plans and development agreement. In such case where any proposed improvement or use is not addressed by the Final Stage PUD, then the regulations of the I-2, Heavy Industrial District shall apply.

(5) Amendments. Where changes to the PUD are proposed in the manner of use, density, site plan, development layout, building size, mass, or coverage, or any other change, the proposer shall apply for an amendment to the PUD under the terms of the Monticello Zoning Ordinance, § 153.028(O)(10). The city may require that substantial changes in overall use of the PUD property be processed as a new project, including a zoning district amendment.

(6) Subdivisions within the Spaeth Industrial Park PUD District may occur following the city’s Subdivision Ordinance procedures for preliminary and final plat. Subdivisions may create lot lines which result in common wall buildings, and in all cases shall adhere fully to requirements of the city’s Building Code and other applicable regulations. Any such subdivision shall be accompanied by restrictive covenants or similar instruments that ensure common maintenance of all exterior site and building components of the PUD and an amendment to the development contract.

(F) Camping World PUD District.

(1) Purpose. The purpose of the Camping World PUD District is to provide for the development of certain real estate subject to the District for vehicle sales, service, and display commercial land uses.

(2) Permitted uses. Permitted principal uses in the Camping World PUD District shall be vehicle sales, display, and vehicle service and repair – minor and major, as found in the B-3 Highway Business District of the Monticello Zoning Ordinance, subject to the approved Final Stage Development Plans dated August 14, 2017, and development agreement dated August 14, 2017, as may be amended. The introduction of any other use from any district, including Conditional Uses in the B-3 District, shall be reviewed under the requirements of the Monticello Zoning Ordinance, § 153.028(O) – Planned Unit Developments for Development Stage PUD and Final Stage PUD.

(3) Accessory uses. Accessory uses shall be those commonly accessory and incidental to retail uses, and as specifically identified by the approved final stage PUD plans. Accessory buildings on the site may be utilized for indoor uses for enterprises of commercial tenants which are identified as permitted principal uses in the B-3, Highway Business District.

(4) District performance standards. Performance standards for the development of any lot in the Camping World PUD District shall adhere to the approved final stage PUD plans and development agreement. In such case where any proposed improvement is not addressed by the final stage PUD, then the regulations of the B-3, Highway Business District shall apply.

(5) Amendments. Where changes to the PUD are proposed in the manner of use, density, site plan, development layout, building size, mass, or coverage, or any other change, the proposer shall apply for an amendment to the PUD under the terms of the Monticello Zoning Ordinance, § 153.028(O)(10). The city may require that substantial changes in overall use of the PUD property be processed as a new project, including a zoning district amendment.

(G) Autumn Ridge PUD District.

(1) Purpose. The purpose of the Autumn Ridge PUD District is to provide for the development of certain real estate subject to the District for residential land uses.

(2) Permitted uses. Permitted principal uses in the Autumn Ridge PUD District shall be single-family residential uses as found in the “T-N”, Traditional Neighborhood Zoning District, subject to the approved Final Stage Development Plans and development agreement dated September 11, 2017, as may

be amended. The introduction of any other use from any district, including Conditional Uses in the T-N District, shall be reviewed under the requirements of the Monticello Zoning Ordinance, § 153.028(O) – Planned Unit Developments for Development Stage PUD and Final Stage PUD.

(3) Accessory uses. Accessory uses shall be those commonly accessory and incidental to residential uses as allowed in the T-N District, and as specifically identified by the approved final stage PUD plans.

(4) District performance standards. Performance standards for the development of any lot in the Autumn Ridge PUD District shall adhere to the approved final stage PUD plans and development agreement. In such case where any proposed improvement or use is not addressed by the Final Stage PUD, then the regulations of the T-N, Traditional Neighborhood District shall apply.

(5) Amendments. Where changes to the PUD are proposed in the manner of use, density, site plan, development layout, building size, mass, or coverage, or any other change, the proposer shall apply for an amendment to the PUD under the terms of the Monticello Zoning Ordinance, § 153.028(O)(10). The city may require that substantial changes in overall use of the PUD property be processed as a new project, including a zoning district amendment.

(H) Affordable Self-Storage PUD District.

(1) Purpose. The purpose of the Affordable Self-Storage PUD District is to provide for the development of certain real estate subject to the District for commercial land uses.

(2) Permitted uses. Permitted principal uses in the Affordable Self-Storage PUD District shall be self-storage uses as found in the B-3, Highway Business District of the Monticello Zoning Ordinance, subject to the approved Final Stage Development Plans dated September 11, 2017 and development agreement dated September 11, 2017, as may be amended. The introduction of any other use from any district, including Conditional Uses in the B-3 District, shall be reviewed under the requirements of the Monticello Zoning Ordinance, § 153.028(O) – Planned Unit Developments for Development Stage PUD and Final Stage PUD.

(3) Accessory uses. Accessory use shall be those commonly accessory and incidental to industrial uses, and as specifically identified by the approved final state PUD Plans, but shall not include outdoor storage or other activities, with the following exception:

(a) Storage boxes or “pods”, or similar temporary structures manufactured specifically for the purposes of portable self-storage use, may be permitted to be displayed for rental on the site, provided such structures meet the following conditions:

1. Only one such storage box shall be displayed in any individual PUD District.

2. No such storage shall be placed within 100 feet of a residential zoning district, or closer to the street right of way than any building, or within 10 feet of any other lot line.

3. No such storage box shall be stacked to a height greater than nine feet from existing grade on which it sits.

4. Any such storage shall be placed only on a paved surface.

5. No such storage box shall be placed within any driveway, required landscaping area, parking space, or other space required by the approved PUD plan for site circulation and/or operations.

6. Any such storage shall meet all requirements for fire and other emergency vehicle access, including access to fire hydrants or other utilities.

7. Storage of such structures for delivery or use by renters shall be located off-site.

8. Delivery of such structures to the renters shall occur from the off-site storage location, and not from this District.

9. No such temporary/portable structure shall at any time be used for storage of any goods on the property in this zoning district, and shall only serve as display of such boxes for rental to users off-site.

(4) District performance standards. Performance standards for the development in the Affordable Self-Storage PUD District shall adhere to the approved final stage PUD plans and development agreement. In such case where any proposed improvement or use is not addressed by the Final Stage PUD, then the regulations of the B-3, Highway Business District shall apply.

(5) Amendments. Where changes to the PUD are proposed in the manner of use, density, site plan, development layout, building size, mass, or coverage, or any other change, the proposer shall apply for an amendment to the PUD under the terms of the Monticello Zoning Ordinance, § 153.028(O)(10). The city may require that substantial changes in overall use of the PUD property be processed as a new project, including a zoning district amendment.

(I) Rivertown Suites PUD District.

(1) Purpose. The purpose of the Rivertown Suites PUD District is to provide for the development of certain real estate subject to the District for multiple-family residential land uses.

(2) Permitted uses. Permitted principal uses in the Rivertown Suites PUD District shall be multiple-family residential uses as found in the R-4, Medium-High Density Residential District of the Monticello Zoning Ordinance, subject to the approved Final Stage Development Plans dated July 23, 2018 and development agreement dated September 7, 2018, as may be amended. The introduction of any other use from any district shall be reviewed under the requirements of the Monticello Zoning Ordinance, § 153.028(O) – Planned Unit Developments for Development Stage PUD and Final Stage PUD.

(3) Accessory uses. Accessory uses shall be those commonly accessory and incidental to residential uses, and as specifically identified by the approved final stage PUD plans.

(4) District performance standards. Performance standards for the development of any lot in the Rivertown Suites PUD District shall adhere to the approved final stage PUD plans and development agreement. In such case where any proposed improvement is not addressed by the final stage PUD, then the regulations of the R-4, Medium-High Density Residential District shall apply.

(5) Amendments. Where changes to the PUD are proposed in the manner of use, density, site plan, development layout, building size, mass, or coverage, or any other change, the proposer shall apply for an amendment to the PUD under the terms of the Monticello Zoning Ordinance, § 153.028(O)(10). The city may require that substantial changes in overall use of the PUD property be processed as a new project, including a zoning district amendment.

(J) Groveland 5th Addition – Monticello RV PUD.

(1) Purpose. The purpose of the Groveland 5th Addition- Monticello RV PUD District is to provide for the development of certain real estate subject to the District for Vehicle Sales and Rental uses.

(2) Permitted uses. Permitted principal uses in the Groveland 5th Addition - Monticello RV PUD District shall be vehicle sales and rental uses as found in the B-3, Highway Business District of the Monticello Zoning Ordinance, subject to the approved Final Stage PUD Plans dated March 25, 2019, and development agreement dated March 25, 2019, as may be amended. The introduction of any other use from any district shall be reviewed under the requirements of the Monticello Zoning Ordinance, § 153.028(O) - Planned Unit Developments for Development Stage PUD and Final Stage PUD.

(3) Accessory uses. Accessory uses shall be those commonly accessory and incidental to vehicle sales and rental uses, and as specifically identified by the approved final stage PUD plans. This shall include the addition of an accessory sanitary sewage dump station facility for recreational vehicles and LP bulk fuel tank as approved by the City Council on July 22, 2019.

(4) District performance standards. Performance standards for the development of any lot in the Groveland 5th Addition - Monticello RV PUD District shall adhere to the approved Final Stage PUD Plans and development agreement. In such case where any proposed improvement is not addressed by the Final Stage PUD Plans, then the regulations of the B-3, Highway Business District, shall apply.

(5) Amendments. Where changes to the PUD are proposed in the manner of use, density, site plan, development layout, building size, mass, or coverage, or any other change, the proposer shall apply for an amendment to the PUD under the terms of the Monticello Zoning Ordinance, § 153.028(O)(10). The city may require that substantial changes in overall use of the PUD property be processed as a new project, including a zoning district amendment.

(K) Deephaven PUD District.

(1) Purpose. The purpose of the Deephaven PUD District is to provide for the development of certain real estate subject to the District for multiple-family residential land uses.

(2) Permitted uses. Permitted principal uses in the Deephaven PUD District shall be multiple- family residential uses as found in the R-4, Medium-High Density Residential District of the Monticello Zoning Ordinance, subject to the approved Final Stage Development Plans dated July 21, 2020, and development agreement dated January 13, 2020, as may be amended. The introduction of any other use from any district shall be reviewed under the requirements of the Monticello Zoning Ordinance, § 153.028(O) – Planned Unit Developments for Development Stage PUD and Final Stage PUD.

(3) Accessory uses. Accessory uses shall be those commonly accessory and incidental to residential uses, and as specifically identified by the approved final stage PUD plans.

(4) District performance standards. Performance standards for the development of any lot in the Deephaven PUD District shall adhere to the approved final stage PUD plans and development agreement. In such case where any proposed improvement is not addressed by the final stage PUD, then the regulations of the R-4, Medium-High Density Residential District shall apply.

(5) Amendments. Where changes to the PUD are proposed in the manner of use, density, site plan, development layout, building size, mass, or coverage, or any other change, the proposer shall apply for an amendment to the PUD under the terms of the Monticello Zoning Ordinance, § 153.028(O)(10). The city may require that substantial changes in overall use of the PUD property be processed as a new project, including a zoning district amendment.

(L) UMC PUD District.

(1) Purpose. The purpose of the UMC PUD District is to provide for the development of certain real estate subject to the District for industrial land uses.

(2) Permitted uses. Permitted principal uses in the UMC PUD District shall be indoor industrial uses as found in the IBC, Industrial and Business Campus District of the Monticello Zoning Ordinance, subject to the approved Final Stage Development Plans dated September 14, 2020, and development agreement dated February 24, 2020, as may be amended.

(4) District performance standards. Performance standards for the development of any lot in the UMC PUD District shall adhere to the approved final stage PUD plans and development agreement. In such case where any proposed improvement is not addressed by the final stage PUD, then the regulations of the IBC, Industrial and Business Campus District shall apply.

(5) Amendments. Where changes to the PUD are proposed in the manner of use, density, site plan, development layout, building size, mass, or coverage, or any other change, the proposer shall apply for an amendment to the PUD under the terms of the Monticello Zoning Ordinance, § 153.028(O)(10). The city may require that substantial changes in overall use of the PUD property be processed as a new project, including a zoning district amendment.

(M) Nuss Truck and Equipment Industrial PUD.

(1) Purpose. The purpose of the Nuss Truck and Equipment PUD District is to provide for the development of certain real estate subject to the District for industrial land uses.

(2) Permitted uses. Permitted principal uses in the Nuss Truck and Equipment PUD District shall be machinery/truck repair and sales as found in § 153.091(F)(11) subject to the approved final stage development plans dated April 19, 2021, the amended landscaping plan dated May 10, 2021, and development agreement dated January 25, 2021, as may be amended.

(3) Accessory uses. Accessory uses shall be those commonly accessory and incidental to industrial uses, and as specifically identified by the approved final stage PUD plans.

(4) District performance standards. Performance standards for the development of any lot in the Nuss Trucking Industrial PUD District shall adhere to the approved final stage PUD plans and development agreement. In such case where any proposed improvement is not addressed by the final stage PUD, then the regulations of the I-1, Industrial District shall apply.

(5) Amendments. Where changes to the PUD are proposed in the manner of use, density, site plan, development layout, building size, mass, or coverage, or any other change, the proposer shall apply for an amendment to the PUD under the terms of the Monticello Zoning Ordinance, § 153.028(O)(10). The city may require that substantial changes in overall use of the PUD property be processed as a new project, including a zoning district amendment.

(N) Edmonson Ridge PUD District.

(1) Purpose. The purpose of the Edmonson Ridge PUD District is to provide for the development of certain real estate subject to the District for residential land uses.

(2) Permitted uses. Permitted principal uses in the Edmonson Ridge PUD District shall be single-family residential uses as found in the TN, Traditional Neighborhood District of the Monticello Zoning Ordinance, subject to the approved Final Stage Development Plans dated December 14, 2020, and development agreement dated December 14, 2020, as may be amended.

(3) Accessory uses. Accessory uses shall be those listed in the TN, Traditional Neighborhood District, and as specifically identified by the approved final stage PUD plans, and as specially regulated by restrictive covenant as recorded against the lots zoned Edmonson Ridge PUD District.

(4) District performance standards. Performance standards for the development of any lot in the Edmonson Ridge PUD District shall adhere to the approved final stage PUD plans and development agreement. In such case where any proposed improvement is not addressed by the final stage PUD, then the regulations of the TN, Traditional Neighborhood district shall apply.

(5) Amendments. Where changes to the PUD are proposed in the manner of use, density, site plan, development layout, building size, mass, or coverage, or any other change, the proposer shall apply for an amendment to the PUD under the terms of the Monticello Zoning Ordinance, § 153.028(O)(10). The city may require the substantial changes in overall use of the PUD property be processed as a new project, including a zoning district amendment.

(O) StorageLink Monticello PUD.

(1) Purpose. The purpose of the StorageLink Monticello PUD District is to provide for the development of certain real estate subject to the B-3 (Highway Business) District for commercial land uses.

(2) Permitted uses. Permitted principal uses in the StorageLink Monticello PUD District shall be commercial self-storage as found in § 153.091(F)(11) of the Monticello Zoning Ordinance, subject to the approved Final Stage Development Plans dated April 26, 2021, and development agreement dated April 26, 2021, as may be amended.

(3) Accessory uses. Accessory uses shall be those commonly accessory and incidental to commercial uses, and as specifically identified by the approved final stage PUD plans, but shall not include outdoor storage or other activities, with the following exception:

1. Only one such storage box shall be displayed in any individual PUD District.

2. No such storage shall be placed within 100 feet of a residential zoning district, or closer to the street right of way than any building, or within ten feet of any other lot line.

3. No such storage box shall be stacked to a height greater than nine feet from existing grade on which it sits.

4. Any such storage shall be placed only on a paved surface.

5. No such storage box shall be placed within any driveway, required landscaping area, parking space, or other space required by the approved PUD plan for site circulation and/or operations.

6. Any such storage shall meet all requirements for fire and other emergency vehicle access, including access to fire hydrants or other utilities.

7. Storage of such structures for delivery or use by renters shall be located off-site.

8. Delivery of such structures to the renters shall occur from the off-site storage location, and not from this District.

(4) District performance standards. Performance standards for the development of any lot in the StorageLink Monticello PUD District shall adhere to the approved final stage PUD plans and development agreement. In such case where any proposed improvement is not addressed by the final stage PUD, then the regulations of the B-3 (Highway Business) shall apply.

(5) Amendments. Where changes to the PUD are proposed in the manner of use, density, site plan, development layout, building size, mass, or coverage, or any other change, the proposer shall apply for an amendment to the PUD under the terms of the Monticello Zoning Ordinance, § 153.028(O)(10). The city may require that substantial changes in overall use of the PUD property be processed as a new project, including a zoning district amendment.

(P) Stony Brook Village PUD District.

(1) Purpose. The purpose of the Stony Brook PUD District is to provide for the development of certain real estate subject to the district for two-family residential land uses.

(2) Permitted uses. Permitted principal uses in the Stony Brook PUD District shall be two-family residential uses as found in the R-2 Single and Two-Family Residential District of the Monticello Zoning Ordinance, subject to the approved final stage development plans dated August 23, 2021, and development agreement dated August 23, 2021, as may be amended. The introduction of any other use from any district shall be reviewed under the requirements of § 153.028(O) - Planned Unit Developments for Development Stage PUD and Final Stage PUD.

(3) Accessory uses. Accessory uses shall be those commonly accessory and incidental to residential uses, and as specifically identified by the approved final stage PUD plans.

(4) District performance standards. Performance standards for the development of any lot in the Stony Brook PUD District shall adhere to the approved final stage PUD plans and development agreement. In such case where any proposed improvement is not addressed by the final stage PUD, then the regulations of the R-2, Single and Two-Family Residential District shall apply.

(5) Amendments. Where changes to the PUD are proposed in the manner of use, density, site plan, development layout, building size, mass, exterior building materials or colors, lot coverage, or any other change, the proposer shall apply for an amendment to the PUD under the terms of § 153.028(O)(10). The city may require that substantial changes in overall use of the PUD property be processed as a new project, including a zoning district amendment.

(Q) Monticello Lakes PUD District.

(1) Purpose. The purpose of the Monticello Lakes PUD District is to provide for the development of certain real estate subject to the District for multiple-family residential land uses.

(2) Permitted uses. Permitted principal uses in the Monticello Lakes PUD District shall be a maximum of 200 units of multiple-family residential uses as found in the R-4 Medium and High Density Residential District of the Monticello Zoning Ordinance, subject to the approved final stage development plans dated December 6, 2021, and development agreement dated December 13, 2021, and plans as amended and approved on March 13, 2023, subject to the conditions of approval imposed by City Council Resolution No. 2023-23, and as may be amended. The introduction of any other use or change in density shall be reviewed under the requirements of § 153.028(O) - Planned Unit Developments for Development Stage PUD.

(3) Accessory uses. Accessory uses shall be those commonly accessory and incidental to residential uses as listed in the R-4 District, and as specifically identified by the approved final stage PUD plans.

(4) District performance standards. Performance standards for the development of any lot in the Monticello Lakes PUD District shall adhere to the approved final stage PUD plans and development agreement. In such case where any proposed improvement is not addressed by the final stage PUD, then the regulations of the R-4, Medium and High Density Multiple-Family Residential District shall apply.

(R) Block 52 PUD District.

(1) Purpose. The purpose of the PUD, Block 52 First Addition Planned Unit Development District is to provide for the development of certain real estate subject to the District for mixed land uses consistent with the direction of the Downtown Monticello Small Area Plan chapter of the Comprehensive Plan and the specific uses and improvements identified in the Final PUD Plans dated July 11, 2022 as may be property amended.

(2) Permitted uses. Permitted principal commercial uses in the proposed mixed-use building shall be limited to permitted and conditional uses allowed within the CCD, Central Community District. Additionally ground floor commercial uses along Broadway shall accommodate office uses on the street level, an element of flexibility from the Downtown Small Area Plan. Residential uses shall be permitted uses on the upper floors (non-street-level), per Final PUD plans for the Block 52 PUD District.

(3) The introduction of any other use from any district shall be reviewed under the requirements of the PUD requirements and process.

(4) Accessory uses. Accessory uses shall be those specifically identified by the approved final stage plans for each approved project.

(5) District performance standards. Performance standards for the development of any lot in the Block 52 PUD District shall adhere to the approved final stage plans and development agreement. In such case where any proposed improvement is not addressed by the final stage PUD plans, such improvement shall only be considered with an amendment to the final stage plans per the process specified in the ordinance.

(6) Amendments. Where changes to any proposed project in the PCD are proposed in the manner of use, density, site plan, development layout, building size, mass, or coverage, or any other change, the proposer shall apply for an amendment to the approved final stage PUD plan under the terms of the Monticello Zoning Ordinance. The city may require that changes in overall use, density, site plan, development layout, building size, mass, or coverage, or any other change of the PUD property be processed as a new project, including a zoning district amendment.

(7) Variations from plans. The Community Development Department shall determine whether any proposed variation from the approved Final PUD plans shall constitute a PUD Adjustment or PUD Amendment. The Community Development Department shall make this determination narrowly, favoring a full Amendment process in the case of uncertainty.

(S) Twin Pines PUD District.

(1) Purpose. The purpose of the Twin Pines PUD District is to provide for the development of certain real estate subject to the District for multiple-family residential land uses.

(2) Permitted uses. Permitted principal uses in the Twin Pines PUD District shall be multiple- family residential uses as found in the R-4, Medium-High Density Residential District of the Monticello Zoning Ordinance, subject to the approved final stage development plans dated October 7, 2022 and development agreement dated February 28, 2022, as may be amended. The introduction of any other use from any district shall be reviewed under the requirements of § 153.028(O) - Planned Unit Developments for Development Stage PUD and Final Stage PUD.

(3) Accessory uses. Accessory uses shall be those commonly accessory and incidental to residential uses as specifically identified by the approved final stage PUD plans.

(4) District performance standards. Performance standards for the development of any lot in the Twin Pines PUD District shall adhere to the approved final stage PUD plans and development agreement. In such case where any proposed improvement is not addressed by the final stage PUD, then the regulations of the R-4, Medium-High Density Residential District shall apply.

(5) Amendments. Where changes to the PUD are proposed in the manner of use, density, site plan, development layout, building size, mass, or coverage, or any other change, the proposer shall apply for an amendment to the PUD under the terms of § 153.028(O)(10). The city may require that substantial changes in overall use of the PUD property be processed as a new project, including a zoning district amendment.

(T) Haven Ridge 2nd Addition PUD District.

(1) Purpose. The purpose of the Haven Ridge 2nd Addition PUD District is to provide for the development of certain real estate subject to the District for single-family residential land uses.

(2) Permitted uses. Permitted principal uses in the Haven Ridge 2nd Addition PUD District shall be single-family residential uses as found in the R-1, Single-Family Residential District of the Monticello Zoning Ordinance, subject to the approved Final Stage Development Plans dated June 7, 2022, and development agreement dated July 25, 2022, as may be amended, and the amendment to Planned Unit Development approved August 28, 2023. The introduction of any other use from any district shall be reviewed under the requirements of § 153.028(O) - Planned Unit Developments for Development Stage PUD and Final Stage PUD.

(3) Accessory uses. Accessory uses shall be those commonly accessory and incidental to single- family residential uses, as specifically identified by the approved final stage PUD plans.

(4) District performance standards. Performance standards for the development of any lot in the Haven Ridge 2nd Addition PUD District shall adhere to the approved final stage PUD plans and development agreement. Specific to the single-family dwellings in the District, the following requirements shall apply:

(a) The PUD amendment is conditioned on meeting the terms of the original PUD, including adherence to the city’s T-N, Traditional Neighborhood zoning lot standards and setbacks, in the absence of a PUD design element addressing the other items in this list. Those standards include the following:

1. 25 foot front setbacks, with six feet side yards and 20 feet rear yards.

2. Building sizes of 934 square feet finished, and 1,704 square feet finishable area.

3. Garage square footage of at least 463 square feet.

4. Roof pitches of at least five to 12.

5. Brick/stone on front facade equal to at least 15% of all front facing surfaces; or a minimum of 10% brick/stone in combination with board and batten, shakes, corbels, or other substantiative facade features with a total exceeding 20% of the front facade.

6. Livable portions of the home exposed to the front street no less than 40% of the width of the structure.

7. Usable front porches or similar features, consistent with those shown on the provided plans, or greater.

8. Tree planting (including trees of at least 2.5 inches caliper planting size) in the front yards of the proposed lots.

9. Driveways standards per R-1.

10. Building plans drawn from those submitted as a part of the application for PUD Amendment, as modified by these conditions, or models found by the Community Development Department to be substantively similar in size and design, and other components.

(5) In such case where any proposed improvement is not addressed by the final stage PUD, then the regulations of the R-1, Single-Family Residential District shall apply.

(6) Amendments. Where changes to the PUD are proposed in the manner of use, density, site plan, development layout, building size, mass, or coverage, or any other change, the proposer shall apply for an amendment to the PUD under the terms of § 153.028(O)(10). The city may require that substantial changes in overall use of the PUD property be processed as a new project, including a zoning district amendment.

(U) Country Club Manor Second, Third, and Fourth Additions PUD District.

(1) Purpose. The purpose of the Country Club Manor Second, Third, and Fourth Additions PUD District is to provide for the development of certain real estate subject to the District for mixed residential land uses.

(2) Permitted uses. Permitted principal uses in the Country Club Manor Second, Third, and Fourth Additions PUD District shall be two-family residential uses in Country Club Manor Second Addition, replatted as Country Club Manor Third Addition, and Country Club Manor Fourth Addition, subject to the approved final stage development plans, for the Second Addition, dated July 7, 2022, and development agreement dated September 26, 2022, as may be amended; together with PUD Development Plans for the Fourth addition dated 2024, and development contract dated 2024. The introduction of any other use from any district shall be reviewed under the requirements of § 153.028(O) - Planned Unit Developments for Development Stage PUD.

(3) Accessory uses. Accessory uses shall be those commonly accessory and incidental to the various residential uses, as specifically identified by the approved final stage PUD plans.

(4) District performance standards. Performance standards for the development of any lot in the County Club Manor Second, Third, and Fourth Additions PUD District shall adhere to the approved final stage PUD plans and development agreement.

(5) The specific flexibility and conditions of the Country Club Manor Fourth Addition PUD District shall be as follows:

(a) The district's development will include the construction of Tee Box Way, a public street cul-de-sac extending from Tee Box Trail including the extension of public sidewalk and public utilities for all parcels proposed to be developed within the plat.

(b) The minimum setbacks shall be as follows:

1. Front:

a. Twenty-one feet to right-of-way line for Lots 1-6; and

b. Twenty-five feet to right-of-way line for Lots 7-22.

2. Side: six feet.

3. Rear: 25 feet.

(d) Developer shall not be required to extend individual natural gas services to individual units.

(e) Prior to any individual lot sale, a Homeowners' Association shall be established providing for access to the public street and sidewalk, common ownership of Lot 23, Block 1, and the management and maintenance of common property and easements in a form to be approved by the city.

(f) As a condition of the district's approval, a deed restriction shall be recorded against all lots within the plat which prohibits the sale of the individual lots until the establishment of the Homeowners' Association required under division (5)(e) above.

(6) The specific flexibility and conditions of the Country Club Manor Second and Third Addition PUD District shall be subject to the approved Final Stage PUD Plans and the Development Contract and Planned Unit Development Agreement.

(7) In such case where any proposed improvement is not addressed by the PUD Development Plans for either plat, then the regulations of the R-3 Residential District shall apply to the remainder of County Club Manor Second, Third, and Fourth Additions.

(8) Amendments. Where changes to the PUD are proposed in the manner of use, density, site plan, development layout, building size, mass, or coverage, or any other change, the proposer shall apply for an amendment to the PUD under the terms of § 153.028(O). The city may require that substantial changes in overall use of the PUD property be processed as a new project, including a zoning district amendment.

(V) Great River PUD District.

(1) Purpose. The purpose of the Great River PUD District is to provide for the development of certain real estate subject to the district for multi-family residential land uses.

(2) Permitted uses. Permitted principal uses in the Great River PUD District shall be multiple family residential uses on the subject property, subject to the approved Final Stage Development Plans dated November 11, 2023, and development agreement dated November 21, 2023, as may be amended. The introduction of any other use from any district shall be reviewed under the requirements of § 153.028(O).

(3) Accessory uses. Accessory uses shall be those commonly accessory and incidental to the various residential uses, as specifically identified by the approved final stage PUD plans. For the Great River PUD, storage and keeping of commercial vehicles, equipment, and related materials of residents of the district shall be an allowed accessory use within detached garage spaces as approved on the Final Stage PUD plans. No such storage or equipment shall be permitted within the principal residential structure.

(4) District performance standards. Performance standards for the development of any lot in the Great River PUD District shall adhere to the approved final stage PUD plans and development agreement.

(5) In such case where any proposed improvement is not addressed by the final stage PUD, then the regulations of the R-4 Residential District shall apply.

(6) Amendments. Where changes to the PUD are proposed in the manner of use, density, site plan, development layout, building size, mass, or coverage, or any other change, the proposer shall apply for an amendment to the PUD under the terms of the § 153.028(O)(10). The city may require that substantial changes in overall use of the PUD property be processed as a new project, including a zoning district amendment.

(W) Big River 445 PUD District.

(1) Purpose. The purpose of the Big River 445 PUD District is to provide for the development of certain real estate subject to the Planned Unit Development District for mixed-commercial land uses.

(2) Phased development. The Big River 445 PUD District will be developed in phases. Each phase shall be subject to review under the requirements of § 153.028(O)(9), and to the amendment of this section.

(3) Permitted uses. Permitted principal uses in the Big River 445 PUD District shall be those uses listed as permitted and conditional uses in the B-4 Regional Business District of the Monticello Zoning Ordinance, subject to the approved Final Stage PUD Development Plans dated ____, and development agreement dated April 8, 2024, and subject to the conditions of approval imposed by City Council Resolution 2024-32, and to approve Final Stage PUD Development Plans as included in the City Council report of October 28, 2024, and development agreement dates September 9, 2024, Big River Second Addition, and subject to the conditions of approval imposed by City Council resolutions and as may be further amended. The introduction of any other use or change in density shall be reviewed under the requirements of § 153.028(O)(9)(b).

(4) Accessory uses. Accessory uses shall be those commonly accessory and incidental to the various commercial uses, as specifically identified by the approved Final Stage PUD Development Plans for each phase.

(5) District performance standards. Performance standards for the development of any lot in the Big River 445 PUD District shall adhere to the approved final stage PUD plans and development agreement.

(6) The specific flexibility and conditions of the Big River 445 PUD District shall be as follows.

(a) The first phase of the district's development will include the construction of the looped private street from the easterly access abutting the west line of Lot 2, Block 1, Big River Addition to the west boundary of the plat with the T intersections at each end extending to Chelsea Road as depicted in the plans, together with the public improvements, private sidewalks and private utilities serving Lots 1 and 2, Block 1, Big River Addition, as well as private utilities for all parcels proposed to be developed abutting Chelsea Road, and all other improvements identified on the approved phasing plan of the Final Stage PUD.

(b) The PUD provides flexibility from the Subdivision Ordinance requirement that all lots have access to a public street. A legal document shall be recorded with the final plat providing access to the private street and common sidewalks which extend to Chelsea Road, and the management and maintenance of common property including stormwater, signage, landscaping, and easements for Lots 1 and 2, Block 1, Big River Addition, and Outlot A, in a form to be approved by the city.

(c) An executed and recordable shared parking easement for Lots 1 and 2, Block 1, Big River Addition shall be recorded with the final plat in a form approved by the city.

(d) The final stage PUD architectural plans for Lot 2, Block 1, Big River Addition are dated 12/18/2023 as "Option 2," and the architectural plans for Lot 1, Block 1, Big River Addition are dated 02/23/2023.

(e) Shared free-standing signage and landscaping shall be as per approved Final Stage PUD Development Plans.

(f) Flexibility in the total area and location of wall signage for each individual principal building within the PUD shall be as per approved Final Stage PUD Development Plans for each lot.

(g) The location and widths of internal lot line drainage and utility easements are as per the approved plat of Big River 445.

(h) An executed and recordable easement and stormwater maintenance agreement for Lots 1 and 2, Block 1, Big River Addition and Outlot A shall be recorded with the final plat in a form approved by the city.

(i) Future phases of the PUD shall be reviewed for additional site amenities, including seating, walking and rest areas.

(j) The district will include and incorporate the Final Development Plans for Lot 2, Block 1 of Big River 445 Second Addition, as included in the report of October 28, 2024 and subject to the conditions of approval per City Council resolution.

(k) The district will include and incorporate the Final Development Plans for Lot 4, Block 1 of Big River 445 Second Addition, as included in the report of October 28, 2024 and subject to the conditions of approval per City Council resolution.

(7) In such case where any proposed improvement is not addressed by the final stage PUD, then the regulations of the B-4 Regional Business District shall apply throughout.

(8) Where there are any conflicts in the allowed uses or required performance standards between the Big River 445 PUD District and the B-4 Regional Business District, the requirements of the Big River 445 PUD District and its associated plans shall prevail.

(9) Amendments. Where changes to the PUD are proposed in the manner of use, density, site plan, development layout, building size, mass, or coverage, or any other change, the proposer shall apply for an amendment to the PUD under the terms of § 153.028(O)(10). The city may require that substantial changes in overall use of the PUD property be processed as a new project, including a zoning district amendment.

(X) Cedar Street Storage PUD District.

(1) Purpose. The purpose of the Cedar Street Storage PUD District is to provide for the development of certain real estate subject to the Planned Unit Development District for commercial self-storage land uses.

(2) Phased development. The Cedar Street Storage PUD District will be developed in a single phase.

(3) Permitted uses. Permitted principal uses in the Cedar Street Storage PUD District shall be commercial self-storage, as defined in the Monticello Zoning Ordinance, along with administrative offices, subject to the approved Final Stage PUD Development Plans dated July 3, 2024, and development agreement dated June 24, 2024, and subject to the conditions of approval imposed by City Council Resolution No. 2024-53, and as may be further amended. The introduction of any other use or change in density shall be reviewed under the requirements of § 153.028(O)(9)(b).

(4) Accessory uses. No other accessory uses shall be permitted in the Cedar Street Storage PUD District, nor shall any outdoor storage be allowed.

(5) District performance standards. Performance standards for the development of any lot in the Cedar Street Storage PUD District shall adhere to the approved Final Stage PUD plans and development agreement.

(6) The specific flexibility and conditions of the Cedar Street Storage PUD District shall be as follows.

(a) Multiple principal buildings are permitted on the single parcel in the district.

(b) The PUD provides flexibility from building setback requirements, particularly along the south boundary of a zero setback.

(d) Free-standing signage and landscaping shall be as per approved Final Stage PUD Development Plans.

(e) No outdoor storage shall be permitted within the PUD.

(6) In such case where any proposed improvement is not addressed by the Final Stage PUD, then the applicant shall seek a PUD Amendment per the processes of the Monticello Zoning Ordinance and as directed by the Community Development Department.

(7) Where there are any conflicts in the allowed uses or required performance standards between the Cedar Street Storage PUD District and any other applicable zoning regulations, the requirements of the Cedar Street Storage PUD District and its associated plans shall prevail.

(8) Amendments. Where changes to the PUD are proposed in the manner of use, density, site plan, development layout, building size, mass, or coverage, or any other change, the proposer shall apply for an amendment to the PUD under the terms of § 153.028(O)(10). The city may require that substantial changes in overall use of the PUD property be processed as a new project, including a zoning district amendment.

(Ord. 763, passed 9-13-2021; Ord. 765, passed 10-25-2021; Ord. 767, passed 12-13-2021; Ord. 779, passed 7-11-2022; Ord. 784, passed 8-22-2022; Ord. 799, passed 2-27-2023; Ord. 800, passed 3-13-2023; Ord. 807, passed 8-14-2023; Ord. 809, passed 8-28-2023; Ord. 816, passed 11-13-2023; Ord. 822, passed 3-25-2024; Ord. 823, passed 4-8-2024; Ord. 829, passed 6-24-2024; Ord. 834, passed 10-28-2024)

(A) Purpose and intent. The purpose and intent of this section is to regulate the location, height, and appearance of fences and walls to maintain visual harmony within residential and business districts; protect adjacent properties from the indiscriminate placement and unsightliness of fences and walls; and ensure the safety, security, and privacy of properties.

(B) Applicability.

(1) In general. Unless exempted in accordance with § 153.062(B)(2) below, the provisions of this section shall apply to the construction, reconstruction, or replacement of all fences or walls in the city. In the event of any conflict between the provisions of this section and any screening standard in § 153.060(I), Screening, the latter shall govern.

(2) Exemptions. The following are exempted from the requirements of this section.

(a) Development in the CCD District. Development on lots in the CCD district is exempt from the standards of this section.

(b) Recreational fencing. Customary fencing provided as a part of a permitted tennis court, athletic field, or other recreational facility.

(c) Temporary fencing. Temporary fencing established around construction sites, demolitions, or other site conditions unsafe for pedestrians or vehicles, provided it is consistent with the building code.

(1) Location.

(a) Fences and walls are permitted anywhere on a lot subject to the following restrictions:

1. The corner visibility requirements in § 153.042(D)(2)(b) shall be met.

2. Fences and walls shall not be located within public right-of-way.

3. Fences and walls permitted by the Community Development Department to be within easements are subject to removal without compensation to the property owner if the city must access the area for maintenance or improvement purposes.

4. Fences and walls shall not be permitted within conservation easements unless specifically permitted by the easement.

5. Fences and walls must be set back no less than three feet from any public trail or sidewalk.

(b) Fences and walls may be located directly over a property line between two or more parcels of land held in private ownership.

(c) A certificate of survey may be required by the Community Development Department to determine the location of fences and walls on a property.

(2) Blocking natural drainage flow.

(a) No fence shall be installed so as to block or divert a natural drainage flow on to or off of any other land.

(b) Drainage swales may not be filled to accommodate the construction of fences or walls without alternate stormwater provisions being reviewed and approved by the Community Development Department.

(c) Nothing in this section shall be construed to prevent the installation of temporary fencing to protect existing trees, limit sedimentation, or control erosion.

(3) Fences and walls within buffers. Fences and walls shall be installed so as not to disturb or damage existing vegetation or installed plant material. The perimeter fencing or wall for a single development shall be of a uniform style that complies with the standards of this section.

(4) Permit requirements.

(a) A building permit is required for the construction of any fence or wall that will be more than seven feet in height above grade, or for construction of a retaining wall that is more than four feet in height from the bottom of the footing to the top of the wall.

(b) Fences which do not require a building permit under the provisions of § 153.062(D)(4)(a) above may be constructed without a permit, but shall adhere to all fencing requirements in this chapter.

(D) Requirements for fences and walls by district type. All fences and walls shall conform to the following standards. In all cases, heights are measured from finished grade on the highest side of the fence or wall.

(1) Residential districts. In residential districts (see Table 3-1: Base Zoning Districts), fences and walls shall conform to the following:

(a) Front yards.

1. Fences and walls shall not exceed a height of four feet in front yards and that part of side yards from the front lot line to the front building line.

2. Fences and walls must be setback at least six feet from the property line when adjacent to a public right-of-way.

3. Fences and walls must be setback at least three feet from a public sidewalk or pathway.

(b) Side or rear yards.

1. Fences and walls shall not exceed a height of seven feet in side and rear yards.

2. In side or rear yards which abut a public street, fences or walls which exceed 36 inches in height must be set back at least six feet from the property line.

3. Fences and walls must be setback at least three feet from a public sidewalk or pathway.

(c) Transparency. Fences or walls located within a front yard adjacent to a street shall maintain a minimum of 50% transparency.

(d) Access. Where any fence or wall connects to a building used as a dwelling, at least one gate not less than two feet six inches in width shall be required to allow access around the building.

(2) Business districts.

(a) General. In business districts (see Table 3-1: Base Zoning Districts), fences and walls shall not be permitted in front yards, except as may be allowed by the security provisions of this section, and shall not exceed a height of seven feet in side or rear yards. If a fence is constructed on top of a retaining or other wall, the combined height of the fence and wall shall not exceed the maximum height that would apply to a fence or wall alone (see also § 153.042(D)(2)(b), Corner visibility, for additional restrictions on fence placement).

(b) Major utilities, wireless communications, government facilities, and other public safety uses. Fences and walls in front, side, and rear yards of major utilities, wireless communication towers, government facilities, and other public safety uses shall not exceed eight feet.

(3) Industrial districts.

(a) Industrial and Business Campus District.

1. Fences and walls shall not be permitted in front yards;

2. Fences shall adhere to the following yard-based requirements:

a. In all side yards, a fence shall not exceed seven feet in height.

b. In all rear yards, a fence shall not exceed 15 feet in height provided a building permit is obtained for any additional height over seven feet.

3. In no event shall a fence exceed seven feet in height if the fence is located within 20 feet of a public right-of-way.

(b) I-1 and I-2 Districts.

1. Fences and walls shall not be permitted in front yards;

2. Fences shall adhere to the following yard-based requirements:

a. In all side and rear yards, a fence shall not exceed 15 feet in height provided a building permit is obtained for any additional height over seven feet.

3. In no event shall a fence exceed seven feet in height if the fence is located within20 feet of a public right-of-way.

(4) Vacant property. Vacant property may be fenced if the fence does not exceed four feet in residential districts and eight feet in business or industrial districts, the fencing maintains a minimum transparency of 50%, and the purpose of the fencing is to discourage unauthorized dumping or unauthorized parking on the property. Fencing of the vacant property shall not be construed to allow use of the property for outdoor storage.

(E) Exemption for security plan. A property owner or tenant or a representative of a public agency responsible for a government facility, public safety use, or other use in need of heightened security may submit to the Community Development Department a site security plan proposing fences or walls taller than those permitted by this section or proposing the use of barbed or concertina wire atop a fence or wall for security reasons. The Community Development Department may approve or approve with conditions the site security plan and its proposed exemption of fences or walls from the standards of this section, upon finding:

(1) Taller fence or wall needed for safety or security reasons. The condition, location, or use of the property, or the history of activity in the area, indicates the land or any materials stored or used on it are in significantly greater danger of theft or damage than surrounding land, or represent a significant hazard to public safety without a taller fence or the use of barbed or concertina wire atop a fence or wall; and

(2) Not have security, functioning appearance of adjacent properties. The proposed taller fences or walls or use of barbed or concertina wire will not have a significant adverse effect on the security, functioning, appearance, or value of adjacent properties or the surrounding area as a whole.

(F) Perimeter fences and walls abutting public rights-of-way.

(1) Fences or walls located within 15 feet of a street or public right-of-way shall:

(a) Be of a uniform style;

(b) Be located outside the public right-of-way;

(G) Prohibited fences. Fences or walls made of debris, junk, rolled plastic, sheet metal, plywood, wooden landscape lattice or waste materials are prohibited in all zoning districts unless such materials have been recycled and reprocessed for marketing to the general public as building materials that resemble new building materials and are designed for use as a fencing material (e.g., picket fencing made from recycled plastic and fiber). No metal “t” posts shall be permitted.

(H) Chain link fencing. Chain link fencing shall be allowed, subject to the following standards:

(1) All districts. In all districts, chain link fences must have a top rail, and barbed ends must be placed at the bottom of the fence.

(2) Residential districts. Chain link fencing is permitted on lots within residential zoning districts provided it does not include opaque slats, and does not exceed a height of four feet in the front yard and does not exceed five feet in the side and rear yard.

(3) Business districts. Chain link fencing shall not be allowed on lots within a business zoning district unless expressly authorized through approval of a security plan under the provisions of § 153.062(E).

(4) Industrial districts. Chain link fencing shall be allowed on lots within industrial zoning districts provided it does not include opaque slats and is coated with black or dark green vinyl.

(I) Barbed or razor wire. Barbed or razor wire is prohibited except as expressly authorized through approval of conditional use permit relating to of a security plan under the provisions of § 153.062(E).

(J) Appearance.

(1) Customary materials. Fences and walls shall be constructed of any combination of treated wood posts and vertically-oriented planks; maintenance free vinyl, rot-resistant wood; wrought iron; decorative metal materials; brick; stone; or masonry materials. Where wood, masonry, or other opaque materials are specified for particular types of screening or buffering fences or walls, all other fence materials are prohibited.

(a) In residential districts, metal materials of 14-gauge or better, when treated with factory-applied weather resistant coating or galvanized, and framed at top and bottom with materials as listed in division (J)(1) above are permitted.

(b) Metal or vinyl fence used for garden areas in residential areas may not exceed 24 inches in height.

(c) In the I-2 District, metal fences may be permitted when the materials have been recycled and reprocessed to resemble new building materials and are designed for use as a fencing material, and when such materials are designed to resemble allowed materials as listed in section (J)(1) above.

(2) Finished side to outside. Wherever a fence or wall is installed, if one side of the fence or wall appears more “finished” than the other (e.g., one side has visible support framing and the other does not), then the more “finished” side of the fence shall face the perimeter of the lot rather than the interior of the lot.

(3) Compatibility of materials along a single lot side. All fencing or wall segments located along a single lot side shall be composed of a uniform style and colors compatible with other parts of the fence and with the associated buildings.

(4) Landscape screening. All fences and walls exceeding four feet in height and located within 15 feet of a public street right-of-way in commercial and industrial districts, or as otherwise required by this chapter, shall be supplemented with landscape screening in accordance with the following standards to soften the visual impact of the fence or wall.

(a) Shrubs required. One evergreen shrub shall be installed for every fifteen linear feet of fence or wall, on the side of the fence or wall facing the public street right-of-way. Shrubs shall meet the size standards of § 153.060(C)(2) Planting Standards, and may be installed in a staggered, clustered, grouped, or linear fashion.

(b) Substitution of understory trees. One understory or ornamental tree may be substituted for every three evergreen shrubs provided that the tree meets the size standards of § 153.060(C)(2) Planting Standards.

(c) Integration with other required landscaping. Required landscape screening for fences or walls may be integrated into the landscaping required for vehicular use area screening or perimeter buffers, provided the standards in § 153.060 Landscaping and Screening Standards, are maintained.

(5) Maintenance required. Every fence or wall must be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or danger or constitute a nuisance. Fences or walls in a state of disrepair may be removed by the city as provided by Minnesota Statutes. The cost of removing fences may be levied against the property as a special assessment.

(Ord. 799, passed 2-27-2023)

§ 153.063 EXTERIOR LIGHTING.

(A) Purpose. The purpose of this section is to regulate light spillage and glare to ensure the safety of motorists and pedestrians, and to ensure lighting does not adversely affect land uses on adjacent properties. More specifically, this section is intended to:

(1) Regulate exterior lighting to mitigate adverse impacts. Regulate exterior lighting to assure that excessive light spillage and glare are not directed at adjacent properties, neighboring areas, and motorists;

(2) Ensure proper insulation. Ensure that all site lighting is designed and installed to maintain adequate lighting levels on site while limiting negative lighting impacts on adjacent lands; and

(3) Provide security. Provide security for persons and land.

(B) Applicability.

(1) In general. The provisions of this section shall apply to all development in the city unless exempted in accordance with § 153.063(C) below. For new development, including new signs, the Community Development Department may require specification plans and light distribution plans to verify compliance with these standards.

(2) Time of compliance. An exterior lighting plan shall be submitted and approved along with an application for a site plan [§ 153.028(F)], subdivision [City Code], building permit [§ 153.028(I)], or temporary use permit [§ 153.028(L)], whichever occurs first.

(1) Single-family detached dwellings;

(2) Existing athletic field lighting;

(3) City-owned, -operated, or -maintained street lights located within a street right-of-way or other easement granted to the city; and

(D) General standards for exterior lighting.

(1) Hours of illumination. Public and institutional uses, commercial uses, and industrial uses (See Table 5-1) that are adjacent to existing residential development or vacant land in residential districts shall turn off all exterior lighting—except lighting necessary for security or emergency purposes—within one hour of closing. For the purposes of this division, lighting “necessary for security or emergency purposes” shall be construed to mean the minimum amount of exterior lighting necessary to illuminate possible points of entry or exit into a structure, to illuminate exterior walkways, or to illuminate outdoor storage areas. Such lighting may be activated by motion sensor devices.

(2) Illumination direction. In all districts, lighting shall be directed downward. In addition, upwardly-directed lighting shall not be used to illuminate structures, except for low-wattage architectural lighting or lighting for the American flag.

(E) Design standards for exterior lighting. All exterior lighting shall meet the following standards:

(1) Maximum lighting height.

(a) Except for outdoor sports fields or performance areas, the height of outdoor lighting, whether mounted on poles or walls or by other means, shall be no greater than 16 feet in residential districts and no greater than 25 feet in business districts.

(b) Wherever possible, illumination of outdoor seating areas, building entrances, and walkways shall be accomplished by use of ground mounted fixtures not more than four feet in height.

(2) Shielding and fixtures.

(a) Exterior. Light fixtures in excess of 60 watts or 100 lumens shall use full cut-off lenses or hoods to prevent glare or spillover from the project site onto adjacent lands and streets.

(b) Interior. No interior light source shall be positioned, aimed, or configured so as to result in the light source being visible from land occupied by existing residential development.

(c) Canopies. No light source in a canopy structure shall extend downward further than the lowest edge of the canopy ceiling.

(d) Awnings. Awnings or canopies used for building accents over doors, windows, etc., shall not be internally illuminated (i.e., from underneath or behind the awning). Illumination casting downward from the awning may be allowed provided that the light source shall not extend downward farther than the lowest edge of the awning.

(3) Maximum illumination levels. All outdoor lighting and indoor lighting visible from outside shall be designed and located so that the maximum illumination measured in footcandles at ground level at a property line or right-of-way center line shall not exceed the standards in Table 4-5, Maximum Illumination Levels. Cut-off lighting shall be designed to direct light downward (e.g., shoe box style).

TABLE 4-5: MAXIMUM ILLUMINATION LEVELS
Type of Use [1]	Maximum Illumination (footcandle)
All uses	0.5 at all ROW center lines
Residential or civic & institutional use	0.5 at property line
Commercial or industrial use	1.0 at property line
Parking lots	1.0 at property line
[1]: See Table 5-1: Uses by District

(F) Wall pack lights. Wall packs on buildings may be used at entrances to a building to light unsafe areas. They are not intended to draw attention to the building or provide general building or site lighting. Wall packs on the exterior of the building shall be fully shielded (e.g., true cut-off type bulb or light source not visible from off-site) to direct the light vertically downward and be of low wattage (preferably 100 watts or lower). Wall pack light sources visible from any location off the site are prohibited.

(G) Exemptions for a security plan. Government facilities, parks and open areas, utilities, and public safety (see Table 5-1) where sensitive or dangerous materials are stored may submit to the Community Development Department a site security plan proposing exterior lighting that deviates from the standards in this division. The Community Development Department shall approve, or approve with conditions, the site security plan and its proposed deviation from the standards of this division, upon finding that:

(1) Deviation necessary to protect public or ensure security. The proposed deviation from the standards is necessary for the adequate protection of the public;

(2) Significantly greater danger of theft or damage without additional lighting. The condition, location, or use of the land, or the history of activity in the area, indicates the land or any materials stored or used on it are in significantly greater danger of theft or damage, or members of the public are at greater risk for harm than on surrounding land; and

(3) Deviation is minimum required and will not have adverse effect. The proposed deviation from the standards is the minimum required, and will not have a significant adverse effect on neighboring lands.

(H) illumination of outdoor sports fields and performance areas. Lighting of outdoor sports fields and performance areas shall comply with the following standards:

(1) Glare control package. All lighting fixtures shall be equipped with an existing glare control package (e.g., louvers, shields, or similar devices) and aimed so that their beams are directed and fall within the primary playing or performance area.

(2) Hours of operation. The lighting system for any game or event shall be extinguished after the end of the game or event.

(I) Sign lighting. Lighting fixtures illuminating signs shall comply with the standards of this section, and exterior light sources shall be aimed and shielded so that direct illumination is focused exclusively on the sign face and the light source is not visible from off-site areas. A light distribution plan or other information demonstrating compliance with the lighting requirements of this chapter.

(J) Lighting requirements for the CCD District.

(1) Parking lot lighting shall be consistent with the common lighting style for fixtures and poles within the CCD design guidelines, or as adopted by the City Council.

(2) Public street lighting shall be consistent with a common lighting style throughout the CCD, based on a style for fixtures and poles to be identified in the city’s public improvement specification.

(Ord. 799, passed 2-27-2023)

§ 153.064 SIGNS.

(A) Findings, purpose, and effect.

(1) Findings. The city finds:

(a) Exterior signs have a substantial impact on the character and quality of the environment.

(b) Signs provide an important medium through which individuals may convey a variety of messages.

(d) The city's zoning regulations include the regulation of signs in an effort to provide adequate means of expression and to promote the economic viability of the business community, while protecting the city and its citizens from a proliferation of signs of a type, size, location and character that would adversely impact upon the aesthetics of the community and threaten the health, safety and welfare of the community. The regulation of the physical characteristics of signs within the city has had a positive impact on traffic safety and the appearance of the community.

(2) Purpose and intent.

(a) It is not the purpose or intent of § 153.064 to regulate the message displayed on any sign; nor is it the purpose or intent of this section to regulate any building design or any display not defined as a sign, or any sign which cannot be viewed from outside a building.

(b) The purpose and intent of § 153.064 is to:

1. Regulate the number, location, size, type, illumination and other physical characteristics of signs within the city in order to promote the public health, safety and welfare.

2. Maintain, enhance and improve the aesthetic environment of the city by preventing visual clutter that is harmful to the appearance of the community.

3. Improve the visual appearance of the city while providing for effective means of communication, consistent with constitutional guarantees and the city's goals of public safety and aesthetics.

4. Provide for fair and consistent enforcement of the sign regulations set forth herein under the zoning authority of the city.

(3) Effect. A sign may be erected, mounted, displayed or maintained in the city if it is in conformance with the provisions of this chapter. The effect of § 153.064, as more specifically set forth herein, is to:

(a) Allow a wide variety of sign types in commercial zones, and a more limited variety of signs in other zones, subject to the standards set forth in § 153.064.

(b) Allow certain small, unobtrusive signs incidental to the principal use of a site in all zones when in compliance with the requirements of § 153.064.

(c) Prohibit signs whose location, size, type, illumination or other physical characteristics negatively affect the environment and where the communication can be accomplished by means having a lesser impact on the environment and the public health, safety and welfare.

(d) Provide for the administration and enforcement of the provisions of § 153.064.

(B) Permit required. No sign shall be erected, altered, improved, reconstructed, maintained or moved in the city without first securing a sign permit from the city:

(1) The content of the message or speech displayed on the sign shall not be reviewed or considered in determining whether to approve or deny a sign permit.

(2) Application for a sign permit shall be in conformance with the requirements of § 153.028(K), Sign Permits:

(C) Permit not required. The following signs shall not require a permit and are allowed in addition to those signs allowed by § 153.064(I) and § 153.064(J) of this section. These exemptions, however, shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance, and its compliance with the provisions of this section or any other law or ordinance regulating the same.

(1) The changing of the display surface on a painted or printed sign only. This exemption, however, shall apply only to poster replacement and/or on site changes involving sign painting on a surface other than the surface of the building.

(2) Permanent signs two square feet or less in size.

(3) One temporary sign per property in residential districts not to exceed four square feet.

(4) In a state general election year, noncommercial signs of any size may be posted in any number 46 days before the state primary in a state general election year until ten days following the state general election. Election signs posted in connection with elections held at times other than those regulated by M.S. § 211B.035, as it may be amended from time to time, shall not be posted more than 13 weeks prior to the election and shall be removed by the party responsible for the erection of the sign or the property owner within ten days after the election. All such noncommercial signs are permitted on private property in any zoning district with the express consent of the owner or occupant of such property.

(5) Official and public signs.

(6) One sign shall be allowed per street frontage when a property is offered for sale or lease, provided that:

(a) Within residential zoning districts (see table 3-1), no sign shall exceed 12 square feet in area and six feet in height for single-family, two-family, townhouse, and quadraminium units; or 32 square feet in area or eight feet in height for multi-family or institutional uses.

(b) For non-residential zoning districts (see table 3-1), as well as for any parcel larger than ten acres in any zoning district, signs may be up to 96 square feet in area or 12 feet in height as defined in this chapter. One additional such sign shall be allowed for any street frontage which exceeds 1,000 linear feet. For the purposes of this section, frontage on any right-of-way, including local streets, county or state highways, or I-94 shall constitute a “frontage”, regardless of access.

(7) Sandwich board signs are allowed within all business zoning districts (see table 3-1) provided that:

(a) Not more than one sign is allowed per principal building except that one sign is allowed per tenant within a principal building having two or more tenants each with an exclusive exterior entrance.

(b) The sign shall only be displayed when the business is open to the public.

(c) Except in the CCD district, the sign shall be placed only on the business property and shall be located within required principal building setbacks, or encroaching into required setback areas a maximum of five feet, and shall not be placed on any vehicle.

(d) The signs shall be located so as to maintain a minimum five-foot pedestrian walkway and so as not to obstruct vehicular traffic.

(e) The sign shall be set back a minimum of two feet from the back of curb of a public street or private drive aisle.

(f) The sign shall conform to the following height and area requirements:

1. Height: Five feet.

2. Area: Six square feet.

(g) For sandwich board signs within the CCD district, sandwich board signs may be located in accordance with the provisions of division (c) above. In addition, such signs may be placed upon the sidewalk or boulevard portion of a public right-of-way upon the issuance of an annual permit in accordance with the provisions and process of § 153.028(K).

(D) Prohibited signs. The following signs are prohibited:

(1) Any sign, signal, marking or device which purports to be or is an imitation of or resembles any official traffic control device or railroad sign or signal, or emergency vehicle signs, or which attempts to direct the movement of traffic or which hides from view or interferes with the effectiveness of any official traffic control device or any railroad sign or signal.

(2) All off-premises signs unless specifically provided for by this chapter.

(3) Flashing signs.

(4) Roof signs.

(5) Rotating signs.

(6) Shimmering signs.

(7) Signs which move or imitate movement, except for dynamic scrolling signs as defined in this chapter.

(8) Signs painted, attached or in any other manner affixed to trees or similar natural surfaces, or attached to utility poles, bridges, towers, or similar public structures.

(9) Off-premises signs:

(a) Off premise signs existing as nonconforming structures at the time of adoption of this chapter greater than six square feet in area shall be considered a principal use of property.

(b) Annual permits are required for all off-premises signs. Off-premises signs shall be removed as a condition of construction of another principal use upon the property or platting or subdivision approval for the land on which it is located.

(10) Abandoned signs.

(E) Nonconforming signs and uses.

(1) Signs. A nonconforming sign lawfully existing upon the effective date of this chapter as denoted in § 153.004 shall be regulated in accordance with §§ 153.105 through 153.110.

(2) Uses. When the principal use of land is legally nonconforming under §§ 153.105 through 153.110, all existing or proposed signs in conjunction with that land use shall be considered conforming if they are in compliance with the sign provisions for the most restrictive zoning district in which the principal use is allowed.

(3) When a sign is considered to be nonconforming due to size, location, or other factor, but represents a conforming use of land, such sign may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless it is considered to be abandoned as defined by this chapter. When a nonconforming sign has been damaged to an extent of 50% or more of its market value, such sign shall be considered to be abandoned if no building or sign permit has been applied for within 180 days of the date of damage.

(F) Enforcement and penalties. Section 153.064 shall be administered and enforced in accordance with the provisions of §§ 153.120 through 153.124 and § 153.999.

(G) Substitution. The owner of any sign which is otherwise allowed by § 153.064 may substitute non-commercial copy in lieu of any other commercial or non-commercial copy. This substitution of copy may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular non-commercial message over any other non-commercial message. This provision prevails over any more specific provision to the contrary.

(H) General provisions.

(1) Accessory structures. Except as provided for by § 153.064(D)(9), all signs shall be considered accessory structures.

(2) Setbacks. All freestanding signs shall be set back 15 feet from any property line abutting a public right-of-way and five feet from any side or rear property line. No sign may be located within a drainage and utility easement. A certificate of survey may be required to verify sign setback in accordance with this chapter.

(3) Standards adopted. The design and construction standards as set forth in Chapter 4 of the 1997 edition of the Uniform Sign Code as may be amended, are hereby adopted.

(4) Electrical signs. The installation of electrical signs shall be subject to the State's Electrical Code. Electrical service to such signs shall be underground.

(5) Approval. No sign shall be attached or be allowed to hang from any building until all necessary wall and roof attachments have been approved by the Community Development Department.

(6) Sign interference. No signs, guys, stays or attachments shall be erected, placed or maintained on trees nor interfere with any electric light, power, telephone or telegraph wires or the supports thereof.

(7) Illuminated signs. Illuminated signs shall be shielded to prevent lights from being directed at oncoming traffic in such brilliance that it impairs the vision of the driver and may not interfere with or obscure traffic signs or signals. Lighting may not illuminate any adjacent properties, buildings, or streets. Notwithstanding this provision, LED (Light Emitting Diode) light displays may be installed without shielding of the light source provided that:

(a) Unshielded LED light displays may only be located on properties within the FBS, Freeway Bonus Sign District, an overlay zoning district as defined in § 153.046(G).

(b) Unshielded LED lights are not installed in any area that abuts residentially zoned property.

(c) Unshielded LED lights are not installed in such a way as to direct light towards residentially zoned property within 500 feet of the light source.

(d) Unshielded LED lights may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign’s face at maximum brightness;

(e) Dimmer control. Unshielded LED lights must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one half-hour before sunset and one half-hour after sunrise.

(8) Placement. No sign or sign structure shall be erected or maintained that prevents free ingress or egress from any door, window or fire escape. No sign or sign structure shall be attached to a standpipe or fire escape.

(9) Square footage calculation (total area = A x B):

(a) For wall signs, the area of a sign shall be that area within the marginal lines created by the sign surface which bears the advertisement or, in the case of messages, figures or symbols attached directly to the part of a building, which is included in the smallest rectangular figure which can be made to circumscribe the message, figure, or symbol displayed thereon.

(b) For monument signs, area shall be calculated as for wall signs. Structural members of the sign, including supports or other decorative features shall not be considered as a part of the measured sign area.

(c) For pylon signs, the entire area of the sign face or cabinet shall be considered as a part of the measured sign area. Structural supports, provided that they have no message or other graphics, shall be exempt from the area calculation.

(d) A freestanding sign or sign structure constructed so that the faces are not back to back, shall not have an angle separating the faces exceeding 30 degrees unless the total area of both sides added together does not exceed the maximum allowable sign area for that district.

(10) Height. The top of a wall sign, including its superstructure, if any, shall be no higher than the roof of the building to which such sign may be attached.

(11) Landscaping. A site plan shall be submitted as a part of any application for a freestanding sign which includes plans for the landscaping of the area near the sign, and which demonstrates that the sign will complement the existing or proposed general site landscaping of the property.

(12) Vehicle fuel facilities. Signs for vehicle fuel facilities shall be regulated by the sign provisions for the zoning district in which the facility is located, except that within a freestanding sign, an area not to exceed 16 square feet shall be allowed for continuous display (no flashing, scrolling or other animation) of electronic or non-electronic changeable copy identifying current fuel prices in accordance with M.S. § 239.751, as it may be amended from time to time.

(13) Window signs. Window signs in the CCD zoning district shall comply with the requirements of the applicable Monticello CCD Sign regulations. Window signs are not considered a part of the maximum sign area otherwise allowed under § 153.064 and do not require a permit.

(14) Changeable copy signs.

(a) Changeable copy signs are subject to the following additional regulations:

1. Signs must be permanently anchored to the structure.

2. Signs must be incorporated within the overall sign structure for both monument and pylon signs and must be consistent in design with the sign structure.

(b) Within commercial and industrial districts and for civic and institutional uses including, but not limited to, public school facilities, hospital and medical facilities, municipal facilities and places of public assembly, one changeable copy sign shall be allowed per site provided that the area of the sign not exceed 25% of the allowable sign area or 50 square feet, whichever is less, for a freestanding or wall sign. The area of this sign shall be counted against the maximum sign area for the building, except where the property owner has agreed to forgo the use of temporary signs in accordance § 153.064(I)(2) in which case the area of the changeable copy sign shall be allowed in excess of the maximum sign area.

(15) Time and temperature signs. Within commercial and industrial zoning districts, an area not to exceed 16 square feet within a freestanding or wall sign shall be allowed for display of an electronic time and temperature sign subject to the sign provisions for the zoning district in which the sign is located.

(16) Projecting signs. Projecting signs may be allowed in commercial districts provided that:

(a) There is a minimum of eight feet of clearance under the base of the sign to the ground below.

(b) The sign does not project more than five feet beyond the wall to which it is mounted, may not project over any vehicular drive aisle or traveled portion of a public or private street and except in the CCD, Central Community District may not project over a public right-of-way.

(c) The area of the projecting sign is not more than 50% of the maximum area allowed for an individual wall sign in the respective zoning district in § 153.064(J).

(17) Dynamic displays.

(a) Findings. Based on studies related to the use of dynamic sign displays and driver distraction, the city finds that dynamic signs, as defined by the zoning ordinance, have a unique potential to create driver distraction, a major cause of traffic crashes. As a result, the city has adopted special regulations that relate to such signs. These regulations shall apply to all proposed dynamic signage in the city, whether new or existing, conforming or nonconforming at the time of adoption of this chapter.

(b) Regulations governing dynamic sign displays.

1. Dynamic sign displays shall have messages that change instantaneously, and do not fade, dissolve, blink, or appear to simulate motion in any way. Prohibited blinking signs shall include signs which are displayed as continuous solid messages for less than the time required by division 3. below. The exception to this regulation is the allowance of messages that appear to scroll horizontally across the sign, but are otherwise in compliance with the requirements of this chapter, including the definition of “scrolling signs”.

2. With the exception of dynamic sign displays for civic or institutional uses, dynamic sign displays shall not be permitted in any residential zoning district.

3. Dynamic sign displays shall be permanent signs.

4. No dynamic sign display shall change more than one time per three second period; time and temperature displays may change as frequently as once every three seconds.

5. Dynamic sign displays shall be no brighter than other illuminated signs in the same district.

6. Dynamic sign displays shall be designed to freeze the display in the event of malfunction, and the owner shall discontinue the display immediately upon malfunction, or upon notice from the city that the display violates the city’s regulations.

7. Applicants for dynamic sign displays shall sign a license agreement supplemental to the building permit agreeing to operation of a sign in conformance with these regulations. Violation of these regulations shall result in forfeiture of the license, and the city shall be authorized to arrange disconnection of electrical service to the sign display.

8. With the exception of dynamic sign displays for civic or institutional uses, no dynamic sign display shall be permitted to be located in a yard or on the side of a building which abuts a residentially zoned or used parcel.

9. Dynamic sign displays for civic or institutional uses adjacent to or abutting residential uses or residentially zoned property shall be subject to the requirements of § 153.064(H) of this chapter and the following additional requirements.

a. Dynamic displays are limited to inclusion on existing or proposed monument signage as allowed by § 153.064(J); the total of such monument signage shall not exceed 100 square feet.

b. Dynamic displays shall not exceed 25% of the allowable sign area or 25 feet in total for the parcel, whichever is less, and shall be limited to one sign display per parcel.

c. Dynamic sign displays must be setback a minimum of 15 from the public right-of-way and 100 from the property line when adjacent to residential uses or residentially zoned property.

d. Dynamic sign displays must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one half-hour before sunset and one half-hour after sunrise.

e. Dynamic sign displays shall not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign’s face at maximum brightness.

f. Dynamic sign displays may only be illuminated between the hours of 7:00 a.m. to 10:00 p.m.

(18) Design and materials standards for signs in commercial districts, industrial districts, the CCD District, PUDs.

(a) In general. The design and materials of any sign shall be consistent with the building materials requirements of the district in which the sign is located, and shall be the same as, or compatible with, the materials and design of the principal building(s) on the property.

(b) Specific materials for pylon signs. All exposed pole or post structures must be wrapped or faced with stucco, architectural metal, brick or stone consistent with building architecture.

(I) Temporary signs.

(1) For property in a Business District or an Industrial District (see table 3-1), the use of temporary sign devices shall not exceed 120 days per calendar year per business. When multiple temporary signs are permitted per parcel, such signs shall be spaced 75 lineal feet apart. The area of temporary sign devices shall not exceed 40 square feet. Off-premises temporary signage is prohibited. A temporary sign permit is required to be obtained prior to displaying the sign.

(a) The number of days and dates of use shall be provided on the permit application. Each business may request up to a total of four permits per calendar year, or until 120 days are reached cumulatively, whichever occurs first.

(2) In cases where properties forego, in writing, temporary signage allowed by § 153.064(I)(1) above, an additional permanent message board sign up to 50 square feet in area shall be allowed. Such sign may be incorporated into a property’s freestanding sign or the building as additional wall sign area. Freestanding signs shall be subject to the height limitations of the applicable zoning district.

(3) Subject to other provisions of § 153.064(I), one additional temporary sign device shall be permitted for a business on a one-time basis for a period of up to 40 days to be utilized within six months of the first day of the business opening to the public. Such signage shall not be limited by the provisions of § 153.064(I)(2).

(4) Businesses or organizations with their activities located in the CCD, Central Business District, may display temporary, off-premise signs by express permit issued by the City Council or the Council’s designee where access to commercial areas requires directional signage from the city’s arterial roads. Signs allowed under this section shall be considered to be in addition to any other sign allowances, including permanent signage, other on-site temporary signs, or “sandwich board” signs displayed pursuant to § 153.064(C)(7). Signs allowed under this section may, at the discretion of the Council, be permitted under the following conditions:

(a) Off-premise, temporary signs shall be no more than four square feet in area.

(b) Off-premise temporary signs shall be no more than three feet in height.

(c) Off-premise temporary signs shall be limited to no more than one sign every 75 lineal feet of street frontage, but no more than three signs per parcel.

(d) Notwithstanding other regulations to the contrary, such signs may be placed upon the public sidewalk within a city street right-of-way. Any such sign placed on the public sidewalk shall be located so as to avoid impeding pedestrian traffic, and to avoid visual interference with vehicular traffic.

(e) An application for an off-premise, temporary sign shall be accompanied by a written statement of permission from the owner of the private property on which the sign is located. Such statement shall include an express grant of permission for city inspectors to enter the property for the purpose of inspecting and/or removing said signs.

(f) An application for signs subject to the provisions of this section may be made for a single period of display, or in the alternative, the city may grant approval for annual license for the display of such signs in accordance with § 153.028(K). Separate fees may be established for single-period or annual-period permits.

(g) Eligible days for the display of signs subject to this section shall be Thursday, Friday, Saturday, or Sunday only.

(5) All signs comprised of non-commercial speech are permitted on private property in any zoning district with an established principal commercial, industrial, institutional, or public use, with the express consent of the owner of such property.

(a) The total area of such sign devices shall not exceed 40 square feet in total.

(b) Signs may be placed for up to 21 days per 30-day period.

(d) Such signs shall be spaced a minimum of 75 linear feet from any other sign on the site.

(e) No permit shall be required for such signage.

(6) Temporary signage may be located on a vacant parcel adjacent to a parcel occupied by an active and permitted principal use, when such properties are held in the same ownership.

(J) District regulations. In addition to the signs allowed by § 153.064(C) and § 153.064(I), the following signs shall be allowed within the specific zoning districts:

(1) Within residential zoning districts (see table 3-1), the following additional regulations apply:

(a) Except for the uses specified in § 153.064(J)(1)(b) and § 153.064(J)(1)(c) below, not more than one sign shall be allowed provided that:

1. The area of the sign shall not exceed four square feet.

2. Freestanding signs shall be limited to a maximum height of four feet.

(b) In addition to the sign allowed by § 153.064(J)(1)(a) above, residential uses shall be allowed one monument sign per collector or arterial street access. Such sign shall meet the requirements of this chapter and shall be constructed at the time of plat or phased plat development adjacent to the collector or arterial access.

(2) Within business and industrial zoning districts (see table 3-1), the following additional regulations shall apply:

(a) Total area of signs. The total area of all signs (with the exclusion of freestanding signs as may be allowed by this code) displayed on a lot shall not exceed 15% of the total building facade fronting not more than two public streets.

(b) Freestanding signs.

1. Unless otherwise specified in this section, one sign is allowed per lot. The area of a freestanding sign may not exceed 100 square feet each side with a maximum height of 22 feet.

2. If a monument, rather than pylon sign is utilized, an additional 100 square feet of area beyond the total area calculated in § 153.064(J)(2)(a) above, devoted to wall, canopy or marquee signs shall be granted.

3. In addition to the sign allowed by divisions 1. and 2. above, additional signage may be allowed per lot in an amount not to exceed three signs with an individual square footage maximum of ten square feet each and 30 total square feet. Such signage shall not exceed three feet in height. Signage shall be setback at least six feet from adjacent property lines and shall not be located within a public right-of-way or easement without a license agreement approved by the City Council. Such signs may not include changeable copy or dynamic displays.

4. For shopping centers greater than 150,000 square feet of aggregate building square footage and greater than 20 acres in site area, two freestanding signs may be permitted. Two pylon signs may be constructed or, as an alternative, one pylon and one monument sign may be constructed. When the latter option is chosen, the monument sign shall be no greater than 14 feet in height nor more than 100 square feet in area. The pylon sign may be no greater than 25 feet in height and 300 square feet in area.

1. Wall, canopy, projecting, and marquee signs shall be consistent with the maximum area requirements of § 153.064(J)(2)(a).

2. Wall, canopy and marquee signs are permitted on any building facade except those which abut properties zoned for residential use.

(d) Multiple occupancy commercial and industrial buildings. When a single principal building is devoted to two or more commercial or industrial principal uses, signs shall be allowed subject to review and approval of the Community Development Department based upon the following requirements:

1. The maximum individual sign sizes for multiple occupancy buildings and individual businesses that may display a sign shall not exceed the maximum provisions in the same zoning district in § 153.064(J).

2. Commercial retail, office, or mixed use multiple occupancy buildings may display a single freestanding sign consistent with the applicable zoning district provisions in § 153.064(J).

3. Individual tenants of a multiple occupancy building within a commercial or industrial zoning district may display separate wall, canopy, or marquee signs subject to the following requirements:

a. Such sign shall be limited to the maximum wall sign size permitted in the applicable zoning district provisions in § 153.064(J). Sign area shall be calculated based on the facade area of each individual tenant space.

b. Such signs shall be located on exterior walls facing residentially zoned properties or properties on which a residential use exists.

c. A comprehensive sign plan is submitted that includes all of the following information:

(i) A site plan to scale showing the location of lot lines, buildings, structures, parking areas, existing and proposed signs, and any other physical features of the area included within the proposed comprehensive sign plan.

(ii) Elevations to scale of buildings included within the comprehensive sign plan including the location of existing or proposed wall, canopy, or marquee signs.

(iii) To scale plans for all existing and proposed signs of any type included within the comprehensive sign plan indicating area, dimensions, height, materials, colors, and means of illumination (if any).

d. No permit shall be issued for a new or replacement sign for an individual tenant except upon a determination by the Community Development Department that it is consistent with the approved comprehensive sign plan.

(Ord. 799, passed 2-27-2023)

§ 153.065 UNDERGROUND UTILITIES.

All utilities within or serving new development (e.g. cable television, electrical (excluding transformers), gas, sewer, telephone, and water lines) shall be placed underground.

§ 153.066 TRANSITIONAL FEATURES.

(A) Purpose and intent. Transitional features are architectural elements or site aspects that must be used to ease the transition between new development and existing structures and community character. It is the intent of these standards to:

(1) Blend land use types throughout the city to minimize visual conflicts;

(2) Limit the excessive consumption of land though the utilization of large vegetated buffers to separate potentially conflicting use types; and

(3) Limit interruptions in vehicular and pedestrian connections created by efforts to segregate uses.

(B) Applicability.

(1) Transitional features shall be required when:

(a) Adjacent residential lots contain differing densities (e.g. a single-family home site adjacent to a duplex);

(b) A lot is developing or redeveloping within the R-2, CCD or T-N zoning districts;

(C) Standards. In areas where transitional features are required, one or more of the following approaches shall be used, subject to approval and as required by the Community Development Department, to establish a transition between uses:

( 1) Use setbacks that are within 25% of the average setbacks for existing uses on the same block face provided no new use is closer to the right-of-way than any existing use;

( 2) Ensure the façade width and height between façades of structures on opposing sides of a street are consistent with each other such that neither façade exceeds the other’s dimensions by more than 25%;

(3) Graduate building height and mass in the form of building step-backs or other techniques so that structures with a higher intensity have a comparable scale with adjacent structures housing lower intensity uses;

(4) Use similarly sized and patterned architectural features such as windows, doors, awnings, arcades, pilasters, cornices, wall offsets, building materials, and other building artic ulations included on the lower intensity use as depicted in Figure 4-8;

(5) Locate off-street parking, loading, service, and utility areas to the rear of structures, adjacent to similar site features on surrounding sites;

(6) Prevent incompatible exterior lighting or sources of audible noise or disturbance from building façades facing lower intensity uses;

(7) Prevent abrupt changes in roof form by allowing adjacent incompatible uses to use similar roof types, slopes, or arrangements;

(8) Orient porches, balconies, outdoor space, and other site attributes such as vending machines associated with attached residential development away from adjacent detached residential uses;

(9) Orient primary building façades directly across from opposing primary façades regardless of use type (as seen in Figure 4-9); and

(10) When dealing with multi-building developments on one or more lots, establish a continuum of use intensity where uses of moderate intensity (darkest colors in Figure 4-10) are sited between high-intensity uses (medium colors in Figure 4-9) and low-intensity uses (light colors in Figure 4-9) (i.e. retail to multi-family residential to detached residential).

(11) Provide landscape buffer Type "A" consistent with this chapter.

(Ord. 799, passed 2-27-2023)

§ 153.067 OFF-STREET PARKING.

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

(B) Application of off-street parking regulation. The regulations and requirements set forth herein shall apply to all off-street parking facilities in all of the zoning districts of the city.

(1) Change in use or occupancy of land.

(a) Any change of use or occupancy of land already dedicated to a parking area, parking spaces, or loading spaces shall not be made, nor shall any sale of land, division, or subdivision of land be made which reduces area necessary for parking, parking stalls, or parking requirements below the minimum prescribed by these zoning regulations.

(b) Off-street parking spaces and loading spaces or lot area existing upon the effective date of this chapter as denoted in § 153.004 shall not be reduced in number or size unless said number of size exceeds the requirements set forth herein for a similar new use.

(2) Change in use or occupancy of a building. Any change of use of occupancy of any building or buildings, including additions thereto, requiring more parking area shall not be permitted until there is furnished such additional parking spaces as required by these zoning regulations.

(3) Site plan drawing necessary. In all zoning districts, all applications for a building permit or prior to a change in use for an existing building or as required for a certificate of occupancy in all zoning districts shall be accompanied by a site plan drawn to scale and dimensioned indicating the location of off-street parking and loading spaces in compliance with the requirements set forth in § 153.067.

(D) Prohibited uses related to off-street parking.

(1) Required accessory off-street parking spaces in any district shall not be utilized for open storage, sale, or rental of goods; or storage of inoperable vehicles and/or storage of snow.

(2) For single-family and two-family dwellings, off-street parking of passenger, small construction, emergency or any other commercial vehicles in the rear yard is prohibited as illustrated in Figure 4-11 and in Table 4-9.

(3) Except for temporary uses as permitted by § 153.093 and trailers parking in a designated loading area, no vehicle may be parked and used for storage of items in any district.

(E) Standards applicable to all uses.

(1) Location of required parking.

(a) Required accessory off-street parking shall be on the same lot under the same ownership as the principal use being served except under the provisions of § 153.067(G)(3), subject to the public improvement project exception as regulated by § 153.106(D)(1).

(b) Except for single, two-family, townhouse dwellings and parcels in the CCD, head-in parking directly off of and adjacent to a public street with each stall having its own direct access to the public street shall be prohibited.

(c) Except in the case of single, two-family, and townhouse dwellings, parking areas shall be designed so that circulation between parking bays or aisles occurs within the designated parking lot and does not depend upon a public street or alley.

(d) Except in the case of single, two-family, and townhouse dwellings and parcels in the CCD, parking area design which requires backing into the public street is prohibited.

(e) All accessory off-street parking facilities required by this chapter shall be located and restricted as follows:

1. For single-family and two-family dwellings, the part of a paved driveway within boulevard portion of the street right-of-way shall only be used for parking in a manner that does not block any public sidewalk or pathway.

2. In the case of single-family dwellings, parking shall be prohibited in any portion of the rear yard. In the case where the only attached or detached garage on a property is located in the rear yard, parking may be allowed in designated driveways leading directly into a garage, or on one open surfaced space located on the side of a driveway away from the principal use as shown in Table 4-9 and Figure 4-11. Said extra space shall be surfaced as required by Table 4-9 and Figure 4-11.

3. In the case of single-family dwellings, parking in the side yard shall be allowed on a surfaced space as shown in Table 4-9 and Figure 4-11.

(f) All parking must occur on a paved surface except as may be permitted by this chapter.

(2) Vehicular use area design.

(a) Curb cuts and access.

1. Each property shall be allowed one curb cut access per 125 feet of street frontage. All property shall be entitled to at least one curb cut.

2. The maximum driveway width at the property line shall not exceed 30 feet and shall taper to a width not to exceed 28 feet at the public street.

3. Within all districts, a five foot radius curb may be constructed at the public street in addition to the maximum driveway width allowed.

4. Driveway access curb openings on a public street except for single, two-family, and townhouse dwellings shall not be located less than 40 feet from one another.

5. No curb cut access shall be located less than 40 feet from the intersection of two or more street rights-of-way. This distance shall be measured from the intersection of lot lines.

6. All driveway access openings shall require a culvert unless the lot is served by storm sewer or is determined unnecessary by the Community Development Department. Size of culvert shall be determined by the Community Development Department but shall be a minimum of 15 inches in diameter.

7. Except for single, two-family, and townhouse residential development (and as otherwise noted in this chapter), all open vehicular use areas shall have a perimeter concrete curb barrier around the entire parking lot, said curb barrier shall not be closer than six feet to any lot line as measured from the lot line to the face of the curb.

(b) Stall, aisle, and driveway design.

1. Each parking space shall be not less than nine feet wide and 20 feet in length exclusive of access aisles, and each space shall be served adequately by access aisles. EXCEPTION: Where desired, up to 25% of the parking spaces may be not less than seven and one-half feet in width and not less than 16 feet in length when served adequately by access aisles to accommodate compact car parking and should be marked as such.

2. Except in the case of single-family, two-family, and townhouse dwellings, parking areas and their aisles shall be developed in compliance with the following standards:

TABLE 4-6: PARKING STALL AND AISLE STANDARDS
Angle	Wall to Minimum	Wall to Interlock Minimum	Interlock to Interlock Minimum
30	48.6’	44.5’	40.3’
45	56.8’	53.4’	50.0’
60	62.0’	59.7’	57.4’
90	64.0’	64.0’	64.0’
Parallel Parking: 22 feet in length

1. Except in the case of single-family and two-family dwellings, driveways and stalls shall be surfaced with six inch class five base and two inch bituminous topping or concrete equivalent. Drainage plans shall be reviewed and subject to approval by the Community Development Department. The Community Development Department staff may waive this requirement if it is determined that the drainage plans do not merit further study. Community Development Department determination in this regard shall be based on the size of parking surface area, simplicity of design plan, and proximity/accessibility to existing storm sewer facilities.

2. The grade elevation of any parking area shall not exceed 5%.

(d) Striping. Except for single, two-family, and townhouses, all parking stalls shall be marked with white painted lines not less than four inches wide.

(e) Lighting. Any lighting used to illuminate an off-street parking area shall be so arranged as to reflect the light away from adjoining property, abutting residential uses, and public rights-of-way and be in compliance with § 153.063.

(f) Landscaping and screening. All open, non-residential, off-street parking areas of five or more spaces shall be screened and landscaped from abutting or surrounding residential districts in compliance with § 153.060(F).

1. Interior vehicular use area landscaping – see § 153.060(F)(2).

2. Perimeter vehicular use area landscaping – see § 153.060(F)(3).

3. Perimeter buffers – see § 153.060(G).

(g) Signs. No sign shall be so located as to restrict the sight lines and orderly operation and traffic movement within any parking lot.

(3) Parking within a structure. The off-street parking requirements may be furnished by providing a space so designed within the principal building or one structure attached thereto; however, unless provisions are made, no building permit shall be issued to convert said parking structure into a dwelling unit or living area or other activity until other adequate provisions are made to comply with the required off-street parking provisions of this chapter.

(4) Vehicular use area stall calculation requirements.

(a) General provisions.

1. The minimum number of off-street parking spaces shown in Table 4-7 shall be provided and maintained by ownership, easement, and/or lease for and during the life of the respective uses hereinafter set forth.

2. When determining the number of off-street parking spaces results in a fraction, each fraction of one-half or more shall constitute another space.

3. In stadiums, sports arenas, churches, and other places of public assembly in which patrons or spectators occupy benches, pews, or other similar seating facilities, each 22 inches of such seating facilities shall be counted as one seat for the purpose of determining requirements.

4. Should a structure contain two or more types of use, each shall be calculated separately for determining the total off-street parking spaces required.

(b) Floor area.

1. The term "floor area" for the purpose of calculating the number of off-street parking spaces required shall be determined on the basis of the interior floor area dimensions of the buildings, structure, or use times the number of floors.

2. Whenever practical, final parking calculations shall be based on an actual building floor plan.

TABLE 4-7: MINIMUM OFF-STREET PARKING SPACES BY USE
Use Type	Minimum # of Spaces & Additional Requirements
Residential Uses
Detached Dwelling	2.0 spaces for each dwelling unit
Duplex	2.0 spaces for each dwelling unit
Townhome	2.5 spaces for each dwelling unit, of which two must be enclosed, plus one guest parking space for every four units
Multiple-Family
In general	1.2 spaces for each bedroom, of which one must be enclosed, plus one guest parking space for every four units
Senior housing - independent living	0.67 spaces per dwelling unit, plus one guest parking space for every six units
Senior housing - assisted living	4.0 spaces plus 0.67 spaces per dwelling unit, plus one guest parking space for every six units
Group Residential Facility, Single-family	2.0 spaces for each three persons for whom sleeping accommodations are provided
Group Residential Facility, Multi-Family	2.0 spaces for each three persons for whom sleeping accommodations are provided
Manufactured Home	2.0 spaces per manufactured home

TABLE 4-7: MINIMUM OFF-STREET PARKING SPACES BY USE
Use Type	Minimum # of Spaces & Additional Requirements
Civic and Institutional Uses
Active Park Facilities (public or private)	5.0 spaces for each acre of park over one acre; two spaces per acre for playgrounds; and ten spaces for each acre of play field - When a public recreation site has more than one use designation, the areas must be divided for determining the required parking
Assisted Living Facilities	4.0 spaces plus .67 spaces per dwelling unit, plus one guest parking space for every six units
Baseball Fields, Stadium	1.0 space for each eight seats of design capacity
Cemeteries	See Parking Schedule #2 [§ 153.067(H)(3)]
Clinics/Medical Services	4.0 spaces for each 1,000 square feet
Hospitals	2.0 spaces per each bed
Nursing/Convalescent Home	4.0 spaces plus one for each three beds for which accommodations are offered
Passenger Terminal	8.0 spaces plus one additional space for each 800 square feet of floor area over 1,000 square feet
Passive Parks and Open Space	See Parking Schedule #2 [§ 153.067(H)(3)]
Public Buildings or Uses	10.0 spaces plus one for each 150 square feet in excess of 2,000 square feet of floor area in the principal structure
Schools, Kindergarten through Junior High	1.0 space for each classroom plus one additional space for each 50 student capacity
Schools, High School & post-secondary	1.0 space for each seven students based on design capacity plus one for each three classrooms
Place of Public Assembly	1.0 space for each four seats based on the design capacity of the main assembly hall - Facilities as may be provided in conjunction with places of public assembly shall be subject to additional requirements which are imposed by this chapter
Utilities (major)	See Parking Schedule #2 [§ 153.067(H)(3)]
Commercial Uses
Adult Uses	1.0 space for each 100 square feet of floor space
Auction House	1.0 space for each 40 square feet of floor space. - Outside sales area shall be added to the floor space of the principal building when determining square footage of floor space
Auto Repair – Minor	8.0 spaces plus one additional space for each 800 square feet of floor area over 1,000 square feet

TABLE 4-7: MINIMUM OFF-STREET PARKING SPACES BY USE
Use Type	Minimum # of Spaces & Additional Requirements
Commercial Uses
Automotive Wash Facilities	10.0 spaces or one space for each employee on the maximum shift, whichever is greater - For self service facilities, there shall be a minimum of two spaces - If the wash facility is integrated into an approved vehicle fuel sales business, the wash facility shall require no additional parking
Bed & Breakfasts	1.0 space for each rental unit in addition to required residential off-street parking
Business Support Services	1.0 space for each 200 square feet of floor space - If in the CCD district, one space per 350 square feet of floor space
Communications/Broadcast ing	1.0 space for each 400 square feet of floor space.
Convenience Stores	1.0 space for each 200 square feet of floor space - If in the CCD district, one space per 350 square feet of floor space
Country Club	4.0 spaces per golf hole plus spaces provided for accessory uses in accordance with this chapter
Day Care Centers	1.0 space for each employee plus one space per five children
Entertainment/Recreation, Indoor Commercial
Bowling Alley	5.0 spaces for each alley plus additional spaces as may be required herein for related uses associated with the principal structure
Theater	1.0 space for each four seats based on the design capacity of the main assembly hall; facilities as may be provided in conjunction with such buildings or uses shall be subject to additional requirements imposed by this chapter - If the theater is located in the original plat of Monticello, the required spaces shall be reduced to 1.0 space per five seats
Other Uses	See Parking Schedule #2 [§ 153.067(H)(3)]
Offices, Professional and Commercial	1.0 space for each 350 feet of floor space
Entertainment/Recreation, Outdoor Commercial	10.0 spaces plus one for each 100 square feet of floor area inside an associated structure
Event Center	1.0 space for each two and one-half guests, measured by building capacity based on building code limits of all areas for the event, and one parking space for each 200 square feet for areas devoted to food preparation, event staging, and other support activities.
Financial Institution	1.0 space for each 400 square feet of floor space.
Funeral Homes	20.0 spaces for each chapel or parlor, plus one space for each funeral vehicle maintained on the premises - Aisle spaces shall also be provided off the street for making up a funeral procession
Hotels or Motels	1.0 space for each rental unit plus one space for each ten units and one space for each employee on the maximum shift
Kennels (commercial)	1.0 space for each 400 square feet of floor space.
Landscaping /Nursery Business	See Parking Schedule #1 [§ 153.067(H)(2)]
Personal Services	1.0 space for each 250 square feet of floor space - If in the CCD district, one space per 350 square feet of floor space
Recreational Vehicle Camp Site	1.0 space per each recreational vehicle plus one guest space per ten recreational vehicles
Repair Establishment	See Parking Schedule #1 [§ 153.067(H)(2)]
Restaurants
Sit down/dining area	1.0 space for each 40 square feet of gross floor area of dining and bar area
Pick-up or Counter Area	1.0 space for each 15 square feet of gross floor area but not less than 15 spaces
Kitchen Area	1.0 space for each 80 square feet of kitchen area
Retail Commercial Uses
Grocery Uses	1.0 spaces for each 200 square feet - If in the CCD district, one space per 350 square feet of floor space
General Retail	1.0 space for each 200 square feet - If in the CCD district, one space per 350 square feet of floor space - Home improvement retail uses shall require 1.0 space for each 225 square feet
Convenience Retail	1.0 space for each 250 square feet
Specialty Eating Establishments	1.0 space for each 200 square feet - If in the CCD district, one space per 350 square feet of floor space
Vehicle Fuel Sales	4.0 spaces plus two spaces for each service stall (not pump) - Those facilities designed for sale of other items than strictly automotive products, parts, or service shall be required to provide additional parking in compliance with other applicable sections of this chapter
Vehicle Sales and Rental	8.0 spaces plus one additional space for each 800 square feet of floor area over 1,000 square feet
Veterinary Facilities	1.0 space for each 250 square feet
Wholesale Sales	1.0 space for each 200 square feet - If in the CCD district, one space per 350 square feet of floor space
Industrial Uses
Auto Repair – Major	See Parking Schedule #1 [§ 153.067(H)(2)]
Extraction of Materials	See Parking Schedule #2 [§ 153.067(H)(3)]
General Warehousing	8.0 spaces plus one space for each two employees on the maximum shift or, at a minimum, at least eight spaces plus one space for each 1,000 square feet of floor area
Truck or Freight Terminal	8.0 spaces plus one space for each two employees on the maximum shift or, at a minimum, at least eight spaces plus one space for each 500 square feet of floor area
Waste Disposal & Incineration	See Parking Schedule #1 [§ 153.067(H)(2)]
Wrecker and Towing Services	See Parking Schedule #1 [§ 153.067(H)(2)]
Heavy Manufacturing	See Parking Schedule #1 [§ 153.067(H)(2)]
Industrial Services	See Parking Schedule #1 [§ 153.067(H)(2)]
Light Manufacturing	See Parking Schedule #1 [§ 153.067(H)(2)]
Machinery/Truck Repair and Sales	See Parking Schedule #1 [§ 153.067(H)(2)]
Recycling and Salvage Center	See Parking Schedule #1 [§ 153.067(H)(2)]
Self-Storage Facilities	1.0 space per 100 lockers/units on the inside of the fenced area and at least five spaces outside the fenced area - If a caretaker's quarters is provided on-site, at least one covered parking space for exclusive use by the caretaker shall be provided

3. Unusable space (e.g. entries, halls, service areas, bathrooms, etc) within uses may be excluded from floor area calculations when applicable.

4. Required parking spaces may be reduced through alternative development types (e.g. Planned Unit Development, etc) as permitted in this chapter.

(c) CCD district exceptions. Property owners in the CCD District shall comply with the parking supply requirements as listed in Table 4-7 of this chapter. However, property owners may be granted flexibility from a portion of their required parking supply under the following conditions:

1. Where the city finds that there will be adequate opportunity to provide public parking in the vicinity of the subject property, and at the city’s option, the owner shall pay into a “CCD” parking fund an amount as established by City Council Resolution. Said fund shall be used for the acquisition, construction, and/or maintenance of publicly-owned parking in the “CCD” district.

2. The city may, in addition to, or as an alternative to, the option listed in § 153.067(E)(4)(c)1. above, and at the discretion of the city, offer the property owner the opportunity to choose to supply parking at a rate which is 60% of the requirement listed in § 153.067 provided that the owner grants an easement to the public for automobile parking use over the subject area. The owner shall retain responsibility for maintenance of said parking area.

3. Location: Parking shall not be located on a parcel between the front building line of the principal building and the public street, except where expressly provided for by the City Council after recommendation from the Planning Commission.

(d) Parking Stall Requirement: Schedule #1. Uses subject to Off-Street Parking Schedule #1 must provide the minimum number of off-street parking spaces indicated in Table 4-8, Off-Street Parking Schedule #1.

TABLE 4-8: OFF-STREET PARKING SCHEDULE #1
Activity	Number of Spaces Required
Office or administrative area	1.0 space per 300 square feet
Indoor sales area	1.0 space per 200 square feet
Outdoor sales, display, or storage area (3,000 sq. ft. or less)	1.0 space per 750 square feet
Outdoor sales, display, or storage area (over 3,000 sq. ft.)	1.0 space per 1,000 square feet
Indoor Storage/Warehousing/Vehicle Repair/Manufacturing Area
Less than or equal to 3,000 sq. ft.	1.0 space per 200 square feet
3,000 to 5,000 sq. ft.	1.0 space per 500 square feet
5,000 to 10,000 sq. ft.	1.0 space per 750 square feet
Greater than 10,000 sq. ft.	1.0 space per 1,250 square feet

(e) Parking Stall Requirement: Schedule #2. Uses subject to Off-Street Parking Schedule #2 have widely varying parking demand characteristics, making it very difficult to specify a single appropriate off-street parking standard. Upon receiving a development application for a use subject to Schedule #2 standards, the Community Development Department is authorized to apply the off-street parking and loading standard specified for the listed use that is deemed most similar to the proposed use or establish minimum off-street parking requirements on the basis of a parking study prepared by the applicant. The study must include estimates of parking demand based on recommendations of the Institute of Traffic Engineers (ITE) or other acceptable estimates as approved by the Community Development Department, and should include other reliable data collected from uses or combinations of uses that are the same as or comparable with the proposed use. Comparability will be determined by density, scale, bulk, area, type of activity, and location. The study must document the source of data used to develop the recommendations.

(5) Vehicular use area design conditional use permit. Stall aisle and driveway design requirements outlined in § 153.067 may be lessened subject to the following conditions:

(a) Any reduction in requirements as provided in this section requires completion of the conditional use permit process outlined in § 153.028(D).

(b) Where a proposed use clearly demonstrates affirmative design efforts toward the preservation and enhancement of desirable natural site characteristics, ordinance-required paved parking spaces may be reduced and installation deferred until such time as the need for the full complement of parking. The need shall be determined in conformance with a "proof of parking" plan so approved through a conditional use permit.

(c) The applicant must show, and the Planning Commission must find, that there are existing nonconformities of the property or specific circumstances related to site conditions which justify a deferral to the paving, landscaping, or curbing requirements.

(d) A deferral shall be considered by the city as a part of an application which includes full site plans, drawn to scale, of both the immediate paving, landscaping and curbing improvements and the ultimate paving, landscaping, and curbing improvements.

(e) In all districts other than the A-O District, this deferral shall apply only to the required paving, curbing and landscaping which is applicable to the existing portion of the use and building. Paving, curbing and landscaping attributable to any expansion shall be installed at the time of the expansion.

(6) Maintenance. It shall be the joint and several responsibility of the lessee and owner of the principal use, uses, or building to maintain in a neat and adequate manner, the parking space, accessways striping, landscaping, and required fences.

(F) Standards applicable to residential uses.

(1) Location of required parking in residential areas.

(a) For single-family and two-family dwellings, off-street parking on a paved driveway within 15 feet of any street surface shall be allowed as long as it does not block any public sidewalk or pathway. For single-family and two-family dwellings, parking shall be located as found in Table 4-9 and Figure 4-11. Parking on any side of any detached accessory structure shall be prohibited except in such case that the detached accessory structure is the only garage for the property.

(b) In the case of townhouse dwellings, parking shall be prohibited in any portion of the front yard except designated driveways leading directly into a garage or one open paved space located on the side of a driveway away from the principal use. Said extra space shall be surfaced with concrete or bituminous material.

(c) Parking and/or storage of passenger vehicles, recreational vehicles and equipment, emergency vehicles, and small commercial vehicles shall conform to the requirements of Table 4-9 and Figure 4-11. For the purposes of Table 4-9 and Figure 4-11, emergency vehicles shall be treated as “small commercial vehicles”, but without limitations as to size.

(d) Under no circumstances shall large commercial vehicles be parked or stored in residential zoning districts, or on property that is used for residential purposes.

TABLE 4-9: YARD REQUIREMENTS FOR OFF-STREET PARKING AREAS & DRIVEWAYS IN RESIDENTIAL AREAS
Location	Diagram Area Key	Passenger Vehicles [1]	Recreational Vehicles [1]	Emergency Vehicles [1]	Small Commercial Vehicles [1]	Other Notes
Driveway leading directly into a garage within the front yard of a lot	A	Any number (paved)	One such vehicle (paved)	One such vehicle (paved)	Any number (paved)
Parking space adjacent to the driveway within the front yard of a lot	B	One passenger or small commercial vehicle (paved)	One such vehicle, if it is the only such vehicle within the front yard (surfaced)	One such vehicle (paved)	One passenger or small commercial vehicle (paved)
Other portions of the front yard	C	No	No	No	No
Side yard, adjacent to garage side of structure	D	Yes, within a space consisting of the 15 feet adjacent to the building (surfaced)	Yes, within a space consisting of the 15 feet adjacent to the building (unsurfaced)	Yes, within a space consisting of the 15 feet adjacent to the building (surfaced)	Yes, within a space consisting of the 15 feet adjacent to the building (surfaced)	Must maintain minimum 3 foot setback to side lot line in all cases
Side yard more than 15 feet from garage	E	No	No	No	No
Side yard on opposite side of house from garage	F	No	No	No	No
Side yard on corner lot facing a public street	G	Yes, within a space consisting of the 15 feet adjacent to the building (surfaced)	Yes, within a space consisting of the 15 feet adjacent to the building. (unsurfaced)	Yes, within a space consisting of the 15 feet adjacent to the building (surfaced)	Yes, within a space consisting of the 15 feet adjacent to the building (surfaced)	Must maintain minimum 6 foot setback to side lot line in all cases.
Rear yard	H	No	Yes (unsurfaced)	No	No	No current limit to number of such vehicles – must maintain a 3 foot setback to lot line
[1] See § 153.012 for definition.

(2) Vehicular use area design in residential areas.

(a) Curb cuts and access.

1. Single- family uses shall be limited to one curb cut access per property.

2. Curb cut access shall be at a minimum three feet from the side yard property line in residential districts.

3. For single and two-family uses, a driveway or other impervious surface leading to a detached accessory structure in the rear yard shall require authorization through conditional use permit, unless such driveway serves a structure in the rear yard that is the only garage for the residential use.

(b) Surfacing. Paving and surfacing requirements for parking and storage of passenger vehicles, emergency vehicles, recreational vehicles, and small commercial vehicles for single and two-family dwellings shall be as found in Table 4-9 and Figure 4-11.

(c) Residential district garage requirements. In all residential zoning districts, all detached single-family homes, two-family and duplex units shall include development of an attached or detached garage. The minimum size requirement for the garage floor shall be 450 sq. ft. with a maximum door height of nine ft. and minimum garage door opening of 16 ft. with the following exceptions and/or deviations by district:

1. R-1 District. An attached garage of at least 550 square feet shall be constructed as part of any single-family home.

2. R-A District.

a. An attached garage of at least 700 square feet shall be constructed as part of any single-family home.

b. Garage frontage: From side building line to side building line of any single-family structure, no more than 40% of such building width shall consist of garage doors that face the street. Side or rear loaded garages are not subject to this regulation. An exception shall be made for garage doors that face the street, but are set back at least ten feet in back of the front building line of the principal use.

c. No portion of any garage space may be more than five feet closer to the street than the front building line of the principal single-family use.

3. R-2 District. An attached garage of at least 450 square feet shall be constructed as part of any single-family home.

4. T-N District.

a. A garage of at least 480 square feet, attached or detached, shall be constructed as a part of any single-family home.

b. Garage frontage: From side building line to side building line of any single-family structure, no more than 50% of such building width shall consist of garage doors that face the street. Side or rear loaded garages, or detached garages in the rear yard, are not subject to this regulation. An exception shall be made for garage doors that face the street, but are set back at least ten feet in back of the front building line of the principal use.

c. No portion of any garage space may be more than five feet closer to the street than the front building line of the principal single-family use.

(G) Standards applicable to commercial, industrial and civic/institutional uses.

(1) Location of required parking for commercial, industrial and civic/institutional uses.

(a) In business, industrial and institutional areas, no parking area may be located upon a public drainage and/or utility easement adjoining a public street without an encroachment agreement approved by the Community Development Department.

(b) In the B-1 district, off-street parking shall not include semi-trailer trucks.

(2) Vehicular use area design applicable to commercial, industrial & civic/institutional uses.

(a) Access and curbing.

1. Curb cut access in industrial and commercial zoning districts may exceed 24 feet with the approval of the Community Development Department. Denial by the Community Development Department of curb cut access in excess of 24 feet may be appealed following the procedures outlined in § 153.028(H).

2. Curb cut access shall not be closer than six feet to any lot line as measured from the lot line to the face of the curb. An exception to the setback requirement shall be granted in business districts where adjoining business provide for private cross access between parking lots.

3. All off-street parking areas and driveways shall have a six-inch non-surmountable continuous concrete curb around the perimeter of the parking area and driveways. The Community Development Department may approve bituminous curbing as a temporary measure under the following conditions:

a. If the area is shown by adequate site plans and reasonable growth to be subject to a future expansion of the driveway and/or parking area.

b. The area is shown by adequate site plans to be able to control site traffic and circulation as recommended by the Community Development Department. The Community Development Department may approve movable curb stops as a temporary traffic control measure.

c. The area is shown by adequate drainage plans to be able to control drainage as recommended by the Community Development Department. The Community Development Department may approve bituminous curbing as a temporary drainage control measure.

(b) Parking setbacks for the CCD District.

1. From public street right-of-way: Six feet.

2. From private property: Six feet, except that parking lots may provide shared access driveways or spaces between adjoining private parking lots. In the CCD, such shared access driveways or spaces shall be permitted, exempt from the requirement for a conditional use permit applicable in other zoning districts.

1. Open, non-residential off-street parking areas shall be designed to screen headlights from abutting residential districts through the use of a half-berm design. Said design shall be required in all instances where headlights are directed at surrounding or abutting residential properties. A half-berm is required in addition to any buffer yard landscaping requirements with a design - as illustrated in Figure 4-12.

2. In the event that drainage or other conditions do not permit a berm of this size and for parcels in the CCD district which abut residentially zoned property, a solid, maintenance free fence may be permitted for all or a portion of the retaining wall to the extent necessary to permit property drainage. Examples may include a two-foot retaining wall and berm, with a four foot tall fence section. This alternative may be allowed by conditional use permit. Any fence proposed in lieu of the required design must be 100% opaque and in character with the surrounding area.

(3) Joint facilities for commercial, industrial & civic/institutional uses. A conditional use permit for one or more businesses to provide the required off-street parking facilities by joint use of one or more sites where the total number of spaces provided are less than the sum of the total required for each business should they provide them separately. When considering a request for such a permit, the Planning Commission shall not recommend that such permit be granted nor the Council approve such a permit except when the following conditions are found to exist:

(a) Up to 50% of the parking facilities required for a theatre, bowling alley, dance hall, bar, or restaurant may be supplied by the off-street parking facilities provided by types of uses specified as a primarily daytime use in division (d) below.

(b) Up to 50% of the off-street parking facilities required for any use specified under division (d) below as primary daytime uses may be supplied by the parking facilities provided by the following nighttime or Sunday uses: Auditoriums incidental to a public or parochial school, churches, bowling alleys, dance halls, theatres, bars, or restaurants.

(c) Up to 80% of the parking facilities required by § 153.067 for a church or for an auditorium incidental to a public or parochial school may be supplied by off-street parking facilities provided by uses specified under division (d) below as primarily daytime uses.

(d) For the purpose of this section, the following uses are considered as primarily daytime uses: Banks, business offices, retail stores, personal service shops, household equipment or furniture shops, clothing or shoe repair or service shops, manufacturing, wholesale, and similar uses.

(e) Conditions required for joint use:

1. The building or use for which application is being made to utilize the off-street parking facilities provided by another building or use shall be located within 300 feet of such parking facilities with the following exception: For theatres located in the Original Plat of Monticello, theatre parking provided by another use shall be located within 500 feet of said theatre.

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

3. A properly drawn legal instrument executed by the parties concerned for joint use of off-street parking facilities, duly approved as to form and manner of execution by the City Attorney, shall be filed with the City Administrator and recorded with the County Recorder, Wright County.

(4) Cross parking facilities for commercial, industrial and civic/institutional uses. Adjoining business properties may allow cross parking and/or access if authorized by a conditional use per the requirements of § 153.028(D) and subject the following conditions:

(a) The required island and landscaping requirements in § 153.060 are met.

(b) The vehicular use area meets the required setback at the perimeter of the parcels in question.

(d) A shared parking/access and maintenance agreement is provided by the parking owners and recorded against all subject properties.

(e) A properly drawn legal instrument executed by the parties concerned for joint use of off-street parking facilities, duly approved as to form and manner of execution by the City Attorney, shall be filed with the City Administrator and recorded with the County Recorder.

(Ord. 799, passed 2-27-2023; Ord. 833, passed 9-23-2024)

§ 153.068 OFF-STREET LOADING SPACES.

(A) Purpose. The regulation of loading spaces in these zoning regulations is to alleviate or prevent congestion of the public right-of-way and so to promote the safety and general welfare of the public by establishing minimum requirements for off-street loading and unloading from motor vehicles in accordance with the utilization of various parcels of land or structures.

(B) Location.

(1) All required loading berths shall be off-street and located on the same lot as the building or use to be served.

(2) The location of required loading births shall be such that circulation occurs within the designated site or property and does not depend upon a public street or alley.

(3) All loading berth curb cuts shall be located at a minimum 50 feet from the intersection of two or more street rights-of-way. This distance shall be measured from the property line.

(4) No loading berth shall be located closer than 50 feet from a residential district unless within a structure.

(5) Loading berths shall not occupy the front yard setbacks.

(6) Loading berths located at the front or at the side of buildings on a corner lot shall only be permitted if the following conditions can be met:

(a) Loading berths shall not conflict with pedestrian movement.

(b) Loading berths shall not obstruct the view of the public right-of-way from off-street parking access.

(d) All screening requirements of § 153.060(I) are met.

(7) Each loading berth shall be located with appropriate means of vehicular access to a street or public alley in a manner which will cause the least interference with traffic.

(C) Surfacing. All loading berths and accessways shall be improved with not less than six-inch class five base and two-inch bituminous surfacing to control the dust and drainage according to a plan submitted to and subject to the approval of the Community Development Department.

(D) Accessory use, parking and storage. Any space allocated as a required loading berth or access drive so as to comply with the terms of these zoning regulations shall not be used for the storage of goods, inoperable vehicles, or snow shall not be included as part of the space requirements to meet the off-street area.

(E) Screening. All loading areas shall be screened and landscaped in compliance with § 153.060(I), of this chapter.

(F) Size. Unless otherwise specified in these zoning regulations, the first loading berth shall be not less than 55 feet in length, and all loading berths shall be not less than 30 feet in length. All loading berths shall be not less than ten feet in width and 14 feet in height, exclusive of aisle and maneuvering space.

(G) Number of loading berths required. The number of required off-street loading berths shall be as follows:

(1) Manufacturing, fabrication, processing, warehousing, storing, retail sales, schools and hotels. For such a building 5,000 to 100,000 square feet of floor area, one loading 55 feet in length and one additional berth for each additional 100,000 square feet or fraction thereof, plus one berth 30 feet in length for each 35,000 square feet of floor area or fraction thereof.

(2) Auditorium, convention hall, exhibition hall, sports arena or stadium. Ten thousand to 100,000 square feet of floor area, one loading berth; for each additional 100,000 square feet of floor area or fraction thereof, one additional loading berth.

§ 153.069 GRADING, DRAINAGE, STORMWATER MANAGEMENT AND EROSION CONTROL.

(A) Purpose.

(1) Statutory authorization. This section is adopted pursuant to the authorization and policies contained in M.S. Chapters 103B and 462, as they may be amended from time to time; Minn. Rules, Parts 6120.2500-6120.3900, Minn. Rules Chapters 8410, 8420 and 70510.0210.

(2) Findings. The City of Monticello finds that uncontrolled stormwater runoff and construction site erosion from land development and land disturbing activities can have significant adverse impacts upon local and regional water resources, diminishing the quality of public health, safety, public and private property and natural resources of the community.

(3) Purpose. The general purpose of this section is to establish regulatory requirements for land development and land disturbing activities aimed at minimizing the threats to public health, safety, public and private property and natural resources within the community resulting from construction site erosion and post-construction stormwater runoff.

(4) This chapter is intended to meet the current construction site erosion and sediment and waste control and post-construction stormwater management regulatory requirements for construction activity and small construction activity (NPDES Permit) as defined in 40 CFR pt. 122.26(b)(14)(x) and (b)(15), respectively.

(5) This chapter is intended to meet the minimal impact design standards (MIDS) developed under M.S. 2009, § 115.03, subdivision 5c, as it may be amended from time to time.

(B) Definitions. Definitions for the following terms can be found in § 153.012.

(1) Best management practices (BMPs).

(2) Contractor.

(3) Dewatering.

(4) Erosion.

(5) Erosion prevention.

(6) Final stabilization.

(7) Impervious surface.

(8) Land disturbing activity.

(9) Owner.

(10) Permanent cover.

(11) Sediment.

(12) Stabilized.

(13) Stormwater.

(14) Stormwater pollution prevention plan.

(15) Surface water or waters.

(16) Temporary erosion protection.

(1) The thresholds for required grading, drainage, stormwater management and erosion control permits along with the permit review process is outlined in § 153.028(M).

(2) The permittee(s) shall be responsible for obtaining required permits from other government agencies prior to conducting grading work (e.g. dewatering a site for development will require one or more permits from the MPCA).

(D) Grading, drainage, stormwater management, and erosion control plan requirements. Grading, drainage, stormwater management and erosion control plans are required for any activities that require a grading permit as defined in § 153.028(M). The plans shall contain the following information and be in conformance with the city’s plan requirements and design guidelines (“design manual”):

(1) The name and address of the applicant, a legal description of the site, north point, date and scale of drawing and number of sheets;

(2) An existing site map: a map of existing site conditions showing the site and immediately adjacent areas, which shall include the following information:

(a) Existing topography with a contour interval appropriate to the topography of the land but in no case having a contour interval greater than two feet;

(b) A delineation of all surface waters located on and immediately adjacent to the site, including depth of water, a description of all vegetation which may be found in the water, a statement of general water quality and any classification given to the water body or wetland by the Minnesota Department of Natural Resources, the Minnesota Pollution Control Agency, and/or the United States Army Corps of Engineers;

(c) The location and dimensions of existing stormwater drainage systems and natural drainage patterns on and immediately adjacent to the site delineating the direction and the rate the stormwater is conveyed from the site, identifying the receiving stream, river, public water, or wetland and setting forth those areas of the unaltered site where stormwater collects;

(d) A description of the soils of the site, including a map indicating soil types of areas to be disturbed as well as a soil report containing information on the suitability of the soils for the type of development proposed and for the type of sewage disposal proposed which describes any remedial steps to be taken by the applicant to render the soils suitable;

(e) The location and type of vegetative cover on the site and clearly delineating any vegetation proposed for removal;

(f) One-hundred-year floodplain, flood fringes and floodways boundaries; and

(g) The location of any water body, and any biologically or archaeologically significant areas within one mile of the site that is identified as: (CGP Part I.B.6).

1. Impaired pursuant to section 303(d) of the Federal Clean Water Act (33 U.S.C. section 303(d)) where the identified pollutant(s) or stressor(s) are phosphorus (nutrient eutrophication biological indicators), turbidity, dissolved oxygen or aquatic biota (fish bioassessment, aquatic plant bioassessment and aquatic macroinvertebrate bioassessment), and with or without a U.S. Environmental Protection Agency (USEPA) approved Total Maximum Daily Load (TMDL) for any of these identified pollutant(s) or stressors(s) also meeting the specific impaired waters criteria of the Minnesota Pollution Control Agency's National Pollutant Discharge Elimination System (NPDES) construction general permit (Permit No: MN R10001), regarding construction-site erosion and sediment control;

2. An outstanding resource value waters as listed in Minn. Rules 7050.0180, subp. 3, 4, 5, 6, 6a and 6b;

3. A trout waters as listed in Minn. Rules 6264.0050, subp. 2 and 4;

4. A wetland defined in Minn. Rules 7050.0186 subd.1a.B;

5. Any lands where state or federally listed endangered or threatened species are known to occur, or properties listed in the National Register of Historic Places, including archaeological sites may be impacted.

(3) A site construction plan which shall include the following information:

(a) Locations and dimensions of all proposed land disturbing activities and any phasing of those activities;

(b) Locations and dimensions of all temporary soil or dirt stockpiles;

(c) Locations and dimensions of all erosion prevention measures and best management practices necessary to meet the requirements of this chapter;

(d) Schedule of anticipated start and completion dates of each land disturbing activity including the dates of installation of erosion prevention measures for each phase needed to meet the requirements of this chapter; and

(e) Provisions for maintenance of the erosion and sediment prevention measures prior to final stabilization.

(4) A plan of final site conditions, which shall include the following information:

(a) Finished grading shown at contours at the same interval as provided on the existing site map to clearly indicate the relationship of proposed changes to the site’s existing topography and remaining features;

(b) A landscape plan, drawn to an appropriate scale, including dimensions and distances and the location, type, size and description of all proposed landscape materials that will be added to the site;

(c) A drainage plan of the developed site delineating in which direction and the rate stormwater will be conveyed from the site and setting forth the areas of the site where stormwater will be allowed to collect;

(d) The proposed size, alignments and intended use of any structures to be erected on the site;

(e) A clear delineation and tabulation of all impervious surfaces to be installed on the site, including a description of the surfacing material to be used;

(f) Any other information pertinent to the particular project which in the opinion of the applicant is necessary for the review of the project;

(g) Seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type and rate of lime and fertilizer application, and kind and quantity of mulching for both temporary and permanent vegetative control measures. Required specifications are referenced in the City of Monticello’s Design Manual;

(h) Provisions for maintenance of erosion and sediment plan, specifically in boulevards, easements and other public areas, and estimates of the cost of maintenance;

(i) Provisions for regular permittee inspections of all control measures in accordance with the inspection schedule outlined on the approved grading, drainage, stormwater management and erosion control plan(s); and

(j) Modifications to the plan shall be processed and approved or disapproved in the same manner as a new application per the requirements of § 153.028(M).

(5) A copy of the applicant’s Minnesota Pollution Control Agency’s Permit for discharging stormwater from construction activity (MN R100001), if the area of disturbed land is equal to or greater than one acre or if project meets the definition of common plan of development that covers one acre or more. A stormwater pollution prevention plan must be prepared and must meet the NPDES requirements and conform to the SWPPP standards specified in the MPCA NPDES construction general permit (Permit No: MN R10001).

(E) Stormwater management. Plan required: The proposed provisions for stormwater runoff shall be documented in a stormwater management plan including a narrative, prepared by a Minnesota licensed engineer to stating how the proposed activity meets the requirements of the City of Monticello’s Design Manual.

(1) Minimum standards for runoff water management plans. A runoff water management plan shall include the following items:

(a) A map containing a delineation of the subwatershed contributing runoff from off site, and proposed and existing subwatersheds on site. The delineation shall conform to the nomenclature of the water resources management plan and shall indicate any significant departures from the watershed delineation of the water resources management plan

(b) Delineation of existing on site "wetlands", as defined in the Wetland Conservation Act, lakes, watercourses, shoreland, and/or floodplain areas.

(c) For water bodies and channels, a listing of normal (runout) and calculated ten-year and 100-year elevations on site for both existing and proposed conditions.

(d) Stormwater runoff volumes and rates for existing and proposed conditions.

(e) All hydrologic and hydraulic computations completed to design the proposed stormwater management facilities. Reservoir routing procedures and critical duration runoff events shall be used for design of water storage areas and outlets.

(f) A checklist of best management practices to demonstrate that, to the maximum extent practical, the plan has incorporated the structural and nonstructural best management practices described in the book "Protecting Water Quality In Urban Areas", published by the Minnesota Pollution Control Agency or the applicable publications.

(g) A grading plan identifying stormwater overflow routes along streets or drainage easements designed to protect structures from damage due to:

1. Storms in excess of the design storm; or

2. Clogging, collapse or other failure of the primary drainage facilities.

(h) An assessment of the potential for construction or contribution to regional detention basins, as opposed to the construction of on-site stormwater basins. The water resources management plan identifies potential regional stormwater basins for control of rate and nutrient loading. The following criteria shall be used to determine whether on site storage is required within the subdivision:

1. If the stormwater management plan indicates construction or enlargement of a storage site or water quality storage in a wetland or other water body, the facility or its equivalent shall be constructed to meet the goals of the water resources management plan.

2. If a proposed subdivision is indirectly tributary to a water body and the intervening regional detention storage is inadequate, in the opinion of city staff, to meet the water quality goals for downstream water bodies as described in the water resources management plan, additional on-site stormwater basin construction will be required to meet these goals.

3. If a proposed subdivision will increase rates of runoff and where downstream stormwater storage or conveyance facilities are inadequate to protect downstream riparian owners from effects of these increases, then on site stormwater storage must be constructed to restrict stormwater rates to the predevelopment rates.

(2) Where on site water quality detention basins are required, the permittee(s) will have to comply with the design and sizing requirements determined by the City of Monticello’s Design Manual.

(3) Maintenance of private stormwater management facilities.

(a) No private stormwater management facilities may be approved unless a maintenance plan is provided and is consistent with the City’s Design Manual. All such facilities shall be inspected annually, with reports submitted to the city, and maintained in proper condition consistent with the performance standards for which they were originally designed.

(b) Owners of private stormwater management facilities shall provide an agreement to the city describing responsibility for the long-term operation and maintenance of the facilities.

(4) Public stormwater management facilities – easements. The applicant shall establish, in a form acceptable to the city, temporary and perpetual easements, or dedicated outlots, for ponding, flowage, and drainage purposes over hydrologic features such as water bodies and stormwater basins. The easements or outlots shall include the right of reasonable access for inspection, monitoring, maintenance, and enforcement purposes.

(F) Construction requirements.

(1) Construction specifications.

(a) Site dewatering and basin draining: Water pumped from the site shall be treated by temporary sedimentation basins, grit chambers, sand filters, upflow chambers, hydrocyclones, swirl concentrators or other appropriate controls as appropriate. Water shall not be discharged in a manner that causes erosion, scour, sedimentation or flooding of the site, receiving channels or wetlands.

(b) Grading, erosion and sediment controls as specified in the City’s Design Manual.

(c) Tracking: All roads, access drives and parking areas must utilize a temporary tracking pad and must be of sufficient width and length to prevent sediment from being tracked onto public or private roadways and/or the stormwater conveyance system. Temporary tracking pads must be installed and maintained in all locations on the site where vehicles enter and exit.

(d) Clearing and grading of natural resources, such as forests and wetlands, shall not be permitted, except when in compliance with all provisions of this chapter. Clearing techniques that retain natural vegetation and drainage patterns shall be recommended as necessary and used to the satisfaction of the Community Development Department.

(e) Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized.

(f) Building products that have the potential to leach pollutants must be under cover (e.g., plastic sheeting or temporary roofs) to prevent the discharge of pollutants or protected by a similarly effective means designed to minimize contact with stormwater.

(g) Pesticides, herbicides, insecticides, fertilizers, treatment chemicals, and landscape materials must be under cover (e.g., plastic sheeting or temporary roofs) to prevent the discharge of pollutants or protected by a similarly effective means designed to minimize contact with stormwater.

(h) Fueling and maintenance of equipment or vehicles; spill prevention and response: The permittee(s) shall take reasonable steps to prevent the discharge of spilled or leaked chemicals, including fuel, from any area where chemicals or fuel will be loaded or unloaded including the use of drip pans or absorbents unless infeasible. The permittee(s) must conduct fueling in a contained area unless infeasible. The permittee(s) must ensure adequate supplies are available at all times to clean up discharged materials and that an appropriate disposal method is available for recovered spill materials. The permittee(s) must report and clean up spills immediately as required by M.S. § 115.061, as it may be amended from time to time, using dry cleanup measures where possible.

(i) Phasing may be required on all sites based on site specifics, with the size of each phase to be established at plan review and as approved by the Community Development Department.

(j) Silt fence or equivalent sediment control measures to be used must conform to the city’s standards.

(k) Silt fences or equivalent sediment control measures must be installed along the downslope and sideslope perimeters and up-gradient of any buffer zones from the approved grading and construction limits before any up-gradient land-disturbing activities begin. Perimeter controls should be located to maintain a buffer of existing vegetation during construction, as site conditions allow, along the edges of any curbs, wetlands, channels or other water resources that could receive sediment from the site. These controls shall remain in place until final stabilization has been established.

(l) Sufficient silt fence or equivalent sediment control measures are required to hold all sheet flow runoff generated at an individual site to minimize sediment from entering surface waters, including curb and gutter systems and storm sewer systems. Additional measures such as check dams, diversion, temporary or permanent sedimentation basins and drainage ditches are required to handle channelized flow. Additional upgradient sediment control practices or redundant BMPs shall be installed if down gradient sediment controls are overloaded (based on frequent failure or excessive maintenance requirement) (CGP Part IV.C.1.a-b).

(m) All storm drain inlets must be protected during construction until all sources with potential for discharging to the inlet have been stabilized (CGP Part IV.C.4).

(n) Soil stabilization shall be initiated immediately to limit soil erosion but in no case completed later than 14 days after construction activity in that portion of the site has temporarily or permanently ceased, and seven days if discharge points are located within one-mile of an impaired or special waterbody.

(o) Final stabilization on all sites shall become established within six months. The City of Monticello may require the site to be reseeded or a non-vegetative option employed.

(p) Seeding shall be in accordance with the city's current seeding specification as detailed in the Design Manual. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention.

(q) Special techniques that meet the design criteria outlined in Design Manual shall be in place on steep slopes or in drainage ways to ensure stabilization.

(r) Soil stockpiles which shall be inactive for a period of seven or more days shall include provisions for perimeter sediment controls. The placement of soil stockpiles adjacent to public rights-of-way or waterways is prohibited.

(s) The entire site must be stabilized to a minimum of 70% coverage, using a heavy mulch layer or another method that does not require germination to control erosion, at the close of the construction season.

(t) Techniques shall be employed to prevent the blowing of dust or sediment from the site.

(u) Techniques that divert upland runoff past disturbed slopes shall be employed.

(v) For sites that have more than ten acres of disturbed soil that drains to a common location, one or more temporary sediment basins shall be constructed. Use of temporary basins is encouraged when construction projects will impact steep slopes or when highly erodible soils are present. The basin shall provide treatment to the runoff before it leaves the construction site or enters surface waters. The temporary sediment basins must be designed and constructed as follows:

1. Provide live storage for a calculated volume of runoff from a two-year, 24-hour storm from each acre drained to the basin. All basins shall provide at least 1,800 cubic feet of live storage from each acre drained or more.

2. For basins where the calculation from the previous requirement has not been performed, a temporary sediment basin providing 3,600 cubic feet of live storage from each acre drained to the basin shall be provided.

3. The outlet structure must be designed to withdraw water from the surface in order to minimize the discharge of pollutants.

4. The basin outlet shall be designed to prevent short-circuiting and the discharge of floating debris.

5. Ensure the basin can be completely drawn down to conduct maintenance activities.

6. Include energy dissipation on the outlet of the basin and a stabilized emergency overflow to prevent failure of pond integrity.

7. Be located outside of surface waters or any buffer zone, and be designed to avoid draining water from wetlands unless appropriate approval from the U.S. Army Corps of Engineers and the Minnesota Department of Natural Resources is obtained.

8. If installation of a temporary sediment basin is infeasible, equivalent sediment controls such as smaller sediment basins, and/or sediment traps, silt fences, vegetative buffer strips, or any appropriate combination of measures are required for all down-slope boundaries of the construction area and for side-slope boundaries where appropriate. Determination of infeasibility shall be documented in the erosion and sediment control plan.

(2) Waterway and watercourse protection requirements. The permittee(s) shall implement the following waterway and watercourse measures on the site:

(a) A temporary stream crossing installed and approved by the local government unit and regulating agency if a wet watercourse will be crossed regularly during construction.

(b) Stabilization of the watercourse channel before, during, and within 24 hours after any in-channel work.

(c) The normal wetted perimeter of any temporary or permanent drainage ditch or swale that drains water from the site, or diverts water around a site must be stabilized within 24 hours of connecting to a surface water and within 200 feet of the water’s edge of a public waters that drains to waters where the Minnesota Department of Natural Resources has promulgated “work in water restrictions” during specified fish spawning time frames (CGP Part IV.A.2).

(d) Portions of the ditch that are under construction must be stabilized within 24 hours after the construction activity in that portion has ceased. The normal wetted perimeter is defined as the area that is in contact with water during annual flow events.

(e) All on-site stormwater conveyance channels designed according to the criteria outlined in the plan requirements and design guidelines.

(f) Stabilization adequate to prevent erosion located at the outlets of all pipes and paved channels.

(3) Pollution prevention management measures. The permittee(s) shall implement the following pollution prevention management measures on the site:

(a) Solid waste: Collected sediment, asphalt and concrete millings, floating debris, paper, plastic, fabric, construction and demolition debris and other wastes must be disposed of properly and must comply with MPCA disposal requirements.

(b) Hazardous materials: Oil, gasoline, paint and any hazardous substances must be properly stored, including secondary containment, to prevent spills, leaks or other discharge. Restricted access to storage areas must be provided to prevent vandalism. Storage and disposal of hazardous waste must be in compliance with MPCA regulations.

(c) External washing of trucks and other construction vehicles must be limited to a defined area of the site. Runoff must be contained and waste properly disposed of. No engine degreasing is allowed on site.

(d) Portable toilets must be positioned so that they are secure and will not be tipped or knocked over. Sanitary waste must be disposed of properly in accordance with Minn. Rules Ch. 7041.

(e) Concrete and other washout waste must have effective containment for all liquid and solid wastes generated by these operations related to the construction activity. The liquid and solid washout wastes must not contact the ground outside a proper containment area. Waste must be disposed of properly and in compliance with MPCA rules, and a sign must be installed adjacent to each washout facility.

(4) Special and impaired waters. Additional BMPs together with enhanced runoff controls are required for discharge from a site to special and impaired water as defined by Appendix A of the Minnesota Pollution Control Agency General Stormwater Permit for Construction Activity.

(G) Inspection.

(1) Notification. The Erosion Control Inspector shall make inspections as hereinafter required and either shall approve that portion of the work completed or shall notify the permittee wherein the work fails to comply with the Erosion and Sediment Control Plan as approved.

(2) Procedure. The city shall inspect all permit sites once per week and within 24 hours after a rain event greater than one-half inch. The city shall also require inspections at other development benchmarks as follows and as applicable. Inspections must be continued until final stabilization has occurred. To obtain inspections, the permittee shall notify the City of Monticello at least one working day before the following:

(a) Installation of sediment and erosion control measures;

(b) Start of construction or site development;

(d) Completion of final stabilization/landscaping;

(e) Removal of erosion control measures;

(f) Final project compliance and acceptance close-out.

(3) Material requirements. Seed tags shall be submitted to the Erosion Control Inspector for approval prior to commencing work. Proof of application rates shall be provided.

(4) Permittee inspection. The permittee or his/her agent shall also make regular inspections of all control measures in accordance with the inspection schedule outlined on the approved grading, drainage and erosion control plan(s). The purpose of such inspections will be to determine the overall effectiveness of the control plan and the need for additional control measures. All inspections shall be documented in written form and submitted to the City of Monticello at the time interval specified in the approved permit. The records of each inspection and maintenance activity shall include the following information:

(a) Date and time of inspection;

(b) Name(s) of persons conducting the inspection;

(d) Corrective actions taken, including the dates, times and the name of the party completing the corrective action;

(e) Date and the amount of rainfall events that are greater than one-half inch in a 24-hour period; and

(f) Documentation of any changes made to the Stormwater Pollution Prevention Plan.

(5) Authorization. A member of the Community Development Department shall enter the property of the applicant as deemed necessary to make regular inspections to ensure the validity of the reports filed under § 153.068(E)(4).

(H) Site maintenance.

(1) Responsibilities.

(a) Within 24 hours, the permittee shall clean dirt and debris from streets that has resulted from construction work by the developer, home builders, subcontractors, their agents or assigns. Prior to any construction in the plat, the developer shall provide the Community Development Department with a schedule for erosion and sediment control inspection, street cleaning, and street sweeping.

(b) All silt fences and biorolls must be repaired, replaced or supplemented when they become nonfunctional or the sediment reached one-half of the height of the fence or bioroll. Repairs shall be made within 24 hours of discovery or as soon as field conditions allow access.

(c) Temporary and permanent sedimentation basins must be drained and the sediment must be removed when the depth of the sediment collected in the basin reached one-half the storage volume. Drainage and removal must be completed within 72 hours of discovery or as soon as final conditions allow access.

(d) The applicant shall remove all deltas and sediment deposited in the surface waters, including drainage ways, catch basins, and other drainage systems and must restabilize the areas where sediment removal results in exposed soil. The removal and stabilization must take place within seven days of discovery unless precluded by legal, regulatory or physical access constraints. In the event of an access constraint, the applicant shall use all reasonable efforts to obtain access. If the access is precluded, removal and stabilization must take place within seven calendar days of obtaining access. The applicant is responsible for contacting all local, regional, state and federal authorities and obtaining any required permits prior to conducting any work.

(e) No development, utility or street construction will be allowed and no building permits will be issued unless the development is in full compliance with the requirements of this chapter.

(I) Final stabilization. The permittee(s) must ensure final stabilization of the site after the completion of construction activities and prior to the termination of the permit. Final stabilization is not complete until all requirement in accordance to the definition in division (B) are complete that are intended to prevent discharge of pollutants associated with stormwater discharges from the project.

(J) Certification.

(1) Approved grading, drainage, stormwater management, and erosion control plan.

(a) Plans for grading, stripping, excavating, and filling work bearing the stamp of approval of the Community Development Department, as applicable, shall be maintained at the site during the progress of the work.

(b) The stormwater pollution prevention plan (SWPPP) must:

1. Ensure the SWPPP is prepared by an individual trained in the design of construction SWPPPs in accordance with the MPCA NPDES construction general permit training requirements (CGP Part III.A.3);

2. Ensure at least one individual is present or available to the project site within 72 hours that is trained in the job duties for construction site management to inspect, oversee implementation of, revise, and amend the SWPPP (CGP Part III.F.b);

3. Ensure at least one individual is present or available to the project site within 72 hours that is trained in the job duties for construction installation to perform or supervise the installation, maintenance and repair of Best Management Practices (BMPs) (CGP Part III.F.c);

4. Document the name(s) of the trained personnel to design the construction SWPPP, the construction site manager and the construction installer. Documentation shall include the date of training, name of instructor(s), name of entity providing the training, content covered and hours of training attended (CGP Part III.A.3).

(2) As-built grading plan and development plan. Within 30 days after completion of site development as per the approved grading, drainage and erosion plan, and prior to the approval of individual building permits, the developer shall provide the city with an as-built grading plan and development plan as defined in the City of Monticello Plan Requirements and Design Guidelines.

(3) Procedure. The city will withhold issuance of building permits until the approved certified as-built grading plan and as-built development plan are on file with the city, all securities as required by this chapter are received, conservation easement posts are installed, and all erosion control measures are in place as determined by the Community Development Department.

(4) Removal of erosion control measures. The above specified requirements will be authorized for removal upon the sodding of the rear yards, completion of punch list items involving ponds and slopes, final stabilization, completion of proper turf establishment and placement of the proper conservation easement posts and signs as specified. Inspection is required after the removal of erosion control measures to verify proper restoration. Please refer to City of Monticello’s Design Manual for specifications.

(5) Notice of termination (NOT). The applicant must ensure final stabilization of the project. The applicant must submit a NOT within 30 days of final stabilization being achieved, or another party assuming control on all areas of the project that have not achieved final stabilization.

(K) Enforcement.

(1) Notice of violation. If the grading permittee fails to meet or maintain sediment and erosion control measures per the approved grading, drainage, stormwater management, and erosion control plan, the city shall issue a notice of violation. The notice of violation shall detail the default and prescribe a remedy and required schedule for compliance.

(2) Lapse and order for work.

(a) If the grading permittee fails to meet or maintain sediment and erosion control measures per the approved grading, drainage, stormwater management and erosion control plan, the city may, in its discretion, perform the work or contract to have the work completed and draw down on the security to pay any costs.

(b) The city will endeavor to notify the developer in advance of any proposed action, but failure of the city to do so will not affect the developer's and city's rights or obligations hereunder.

(3) Stop work order/revocation of grading permit. In the event that any person holding a grading permit pursuant to this chapter violates the terms of the permit or implements site development in such a manner as to materially adversely affect the health, welfare, environment, or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the City of Monticello may suspend or revoke the grading permit through the issuance of a stop work order or the revocation of the grading or building permit.

(4) Violation and penalties.

(a) No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or cause the same to be done, contrary to or in violation of any terms of this chapter. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and each day during which any violation of any of the provisions of this chapter is committed, continued, or permitted, shall constitute a separate offense.

(b) Upon conviction of any such violation, such person, partnership, or corporation shall be punished by a fine as specified by the city ordinance per the fee schedule for each offense. In addition to any other penalty authorized by this section, any person, partnership, or corporation convicted of violating any of the provisions of this chapter shall be required to bear the expense of such restoration.

(Ord. 799, passed 2-27-2023)

§ 153.070 BUILDING MATERIALS.

(A) Purpose. The purpose of these regulations is to enhance the quality and longevity of buildings in all zoning districts of the city, and to protect citizen investments in property value by ensuring complementary building style, construction, and appearance.

(B) General requirements.

(1) Consistency required. In all districts, all buildings shall be finished on all sides with consistent architectural quality, materials, and design.

(2) New materials. In recognition of the ever-changing marketplace for new finishing materials, the Community Development Department may authorize the use of materials not listed herein if it is determined that such a material is substantially similar or superior to one or more of the approved building materials.

(1) All residence districts. No metal siding shall be permitted wider than 12 inches or without a one-half inch or more overlap and relief.

(2) R-1 and R-2 Districts. A minimum of 15% of the front building façade of any structure in the R-1 or R-2 Districts, less the square footage area of windows and garage doors, shall be covered with brick or stone. Any attached or major detached accessory building that can be seen from the street shall meet this same standard when consistent with the principal structure. Structures with front facades covered by at least 70% stucco or real wood may reduce the brick or stone coverage to 5%. The Planning Commission may approve optional facade treatments prior to building permit through site plan review when additional architectural detailing so warrants. Such detailing may include usable front porches, extraordinary roof pitch or other features.

(3) R-A and T-N Districts. A minimum of 20% of the front building façade of any structure in the R-A or T-N zoning district, less the square footage area of windows and garage doors, shall be covered with brick or stone. Any attached or major detached accessory building that can be seen from the street shall meet this same standard when consistent with the principal structure. Structures with front facades covered by at least 70% stucco or real wood may reduce the brick or stone coverage to 10%.

(4) R-3 District and other districts with multiple-family housing. The R-3 and R-4 District and other districts with multiple-family housing shall be subject to building material standards as follows:

(a) All building walls facing a public street shall be covered with stone, brick, cultured masonry simulating brick or stone, or other enhanced materials to an extent not less than 20% of the exposed wall silhouette area; and

(b) Multiple-family structures of 13 or more units shall, when using lap horizontal siding, be constructed of heavy gauge steel or cement-board, with no use of vinyl or aluminum permitted. Natural wood or species that is resistant to decay may be permitted.

(5) Roofing materials. Roofing materials in residential districts, including for principal and accessory buildings, shall consist of shingles made of asphalt, fiberglass, durable rot-resistant wood (such as cedar), stone (such as slate) or architectural metal (including steel and copper). Heavy gauge steel or copper may be used for standing-seam roofing. Steel may be used only when designed to resemble traditional residential architectural roofing materials.

(D) Business district requirements. In all Business Zoning Districts (see table 3-1), the following building materials standards shall apply.

(1) No galvanized or unfinished steel, galvalum, or unfinished aluminum buildings, except those specifically designed to have a corrosive designed finish such as“corten” steel, shall be permitted in the districts listed herein.

(2) Buildings in these zoning districts shall maintain a high standard of architectural and aesthetic compatibility with conforming surrounding properties to ensure that they will not adversely impact the property values of the abutting properties and shall have a positive impact on the public health, safety, and general welfare, insofar as practicable.

(3) Exterior building finishes in the districts subject to this section shall consist of materials compatible in grade and quality to the following:

(a) Brick.

(b) Natural stone.

(d) Cast-in-place concrete or pre-cast concrete panels.

(e) Wood, provided that the surfaces are finished for exterior use and wood of proven exterior durability is used, such as cedar, redwood, or cypress.

(f) Glass.

(g) Exterior insulated finish systems, where said system is manufactured to replicate the look of one of the approved building materials in this section.

(h) Stucco.

(4) Metal exterior finishes shall be permitted only where coordinated into the overall architectural design of the structure, such as in window and door frames, mansard roofs or parapets, and other similar features, and in no case shall constitute more than 15% of the total exterior finish of the building.

(5) Metal roofing. Metal shall be an allowed roofing material in the “B”, Business Districts, provided such material is designed to resemble traditional commercial architecture and/or is designed to complement the architectural design of the building.

(6) Building materials and design for the CCD District. All buildings within the CCD shall meet the materials and design standards of the Comprehensive Plan as defined by the Downtown Monticello Small Area Plan Amendment, the requirements of the CCD District, as well as the standards in § 153.070 for Business District requirements. In the case of a conflict between these standards, the stricter of the standards shall be applied.

(E) Industrial requirements.

(1) In the Industrial and Business Campus District (IBC), the following building materials and standards shall apply:

(a) Buildings shall maintain a high standard of architectural and aesthetic compatibility with conforming surrounding properties to ensure that they will not adversely impact the property values of the abutting properties and shall have a positive impact on the public health, safety, and general welfare, insofar as practicable.

(b) Exterior building finishes shall not consist of galvanized or unfinished steel, or unfinished aluminum.

1. Brick;

2. Natural stone;

3. Decorative rock face block or burnished block;

4. Wood, provided that the surfaces are finished for exterior use and wood of proven exterior durability is used, such as cedar, redwood, or cypress;

5. Glass;

6. Stucco or substantially similar finish product;

7. Exterior insulated finish systems, where said system is manufactured to replicate the look of one of the approved building materials in this section;

8. Cast in place concrete or pre-cast concrete panels.

(d) Metal exterior finishes shall be permitted only where coordinated into the overall architectural design of the structure, such as in window and door frames, mansard roofs or parapets, and other similar features, and in no case shall constitute more than 15% of the total exterior finish of the building.

(e) Any exterior wall adjacent to a public street must have a higher level of aesthetics. This could be accomplished by architectural design features. increased use of stone and/or brick across 15% of the facade area, combination of glass and architectural metals, or a wall plane articulation across 15% of the facade area. Such articulation must extend at least five feet from the primary building line of the principal building structure.

(2) In the Light Industrial District (I-1), the following building material standards shall apply:

(a) Exterior building finishes shall not consist of galvanized or unfinished steel, or unfinished aluminum.

(b) Any exterior wall adjacent to a public street must have a higher level of aesthetics. This could be accomplished by architectural design features, increased use of stone and/or brick across 25% of the façade area, combination of glass and architectural metals, or a wall plane articulation across 25% of the façade area. Such articulation must extend at least five feet from the primary building line of the principal building structure.

1. Brick;

2. Natural stone;

3. Decorative rock face block or burnished block;

4. Glass;

5. Stucco or substantially similar finish product;

6. Exterior insulated finish systems. where said system is manufactured to replicate the look of one of the approved building materials in this section;

7. Cast in place concrete or pre-cast concrete panels;

8. Textured finishes on metal panels to simulate stucco or other similar treatments;

9. Commercial-grade siding made of cement board. composition board, or other durable material. not including vinyl.

(3) In the Heavy Industrial (I-2) districts, the following building material standards shall apply:

(a) Exterior building finishes shall not consist of galvanized or unfinished steel, or unfinished aluminum.

(b) Any exterior wall adjacent to a public street must have a higher level of aesthetics. This could be accomplished by architectural design features, increased use of stone and/or brick across 15% of the façade area, combination of glass and architectural metals, or a wall plane articulation across 15% of the façade area. Such articulation must extend at least five feet from the primary building line of the principal building structure.

1. Brick;

2. Natural stone;

3. Decorative rock face block or burnished block;

4. Glass;

5. Stucco or substantially similar finish product;

6. Exterior Insulated Finish systems. where said system is manufactured to replicate the look of one of the approved building materials in this section;

7. Cast n place concrete or pre-cast concrete panels;

8. Textured finishes on metal panels to simulate stucco or other similar treatments;

9. Commercial-grade siding made of cement board, composition board, or other durable material, not including vinyl.

(F) Institutional requirements. All institutional uses shall adhere to the building materials requirements spelled out for commercial districts in § 153.070(D) above.

(Ord. 791, passed 11-14-2022; Ord. 799, passed 2-27-2023)

§ 153.071 WIND ENERGY CONVERSION SYSTEMS (WECS).

(A) Purpose. The purpose of this section is to regulate the installation and operation of Wind Energy Conversion Systems (WECS) within the City of Monticello not otherwise subject to siting and oversight by the State of Minnesota under the Minnesota Power Plant Siting Act (M.S. Chapter 216E, as it may be amended from time to time).

(B) WECS Requirements.

(1) General standards.

(a) Number per lot. No more than one WECS per lot shall be permitted.

(b) Height and setbacks. In all zoning districts, the setback of any WECS or associated structures shall comply with the minimum yard requirements for principal structures within the district in which the WECS is to be located or the distance of 1.1 times the total height, whichever is greater.

1. All wind turbines which are part of a commercial WECS shall be installed with a tubular, monopole type tower;

2. All non-commercial WECS shall be installed with monopole or lattice tower type;

3. No guyed towers shall be permitted.

(d) Color and finish.

1. All wind turbines and towers that are part of a commercial WECS shall be white, grey or another non-obtrusive color.

2. Finishes shall be matte or non-reflective.

3. Blades may be black in order to facilitate deicing.

(e) Lighting.

1. Lighting, including lighting intensity and frequency of strobe, shall adhere to but not exceed requirements established by Federal Aviation Administration (FAA) permits and regulations.

2. Red strobe lights are preferred for night-time illumination to reduce impacts on migrating birds; red pulsating incandescent lights should be avoided.

(f) Other signage. All signage on site shall comply with City Code. The manufacturer’s or owner’s company name and/or logo may be placed upon the nacelle (compartment containing the electrical generator) of the WECS.

(g) Feeder lines. All communications and feeder lines, equal to or less than 34.5 kV in capacity, installed as part of a WECS shall be buried where reasonably feasible. Feeder lines installed as part of a WECS shall not be considered an essential service.

(h) Shadow flicker. Shadow flicker may not exceed 30 hours per year and shall not fall more than ten feet from an existing residential property.

(i) Waste disposal. Solid and hazardous wastes, including but not limited to crates, packaging materials, damaged or worn parts, as well as used oils and lubricants, shall be removed from the site promptly and disposed of in accordance with all applicable local, state and federal regulations.

(j) Discontinuation and decommissioning.

1. A WECS shall be considered a discontinued use after 45 days without energy production, unless a plan is developed and submitted to the City of Monticello outlining the steps and schedule for returning the WECS to service. All WECS and accessory facilities shall be completely removed within 90 days of the discontinuation of use.

2. Each commercial WECS shall have a decommissioning plan outlining the anticipated means and cost of removing WECS at the end of their serviceable life or upon becoming a discontinued use. The cost estimates shall be made by a competent party; such as a professional engineer, a contractor capable of decommissioning or a person with suitable expertise or experience with decommissioning. A security or bond in an amount sufficient to cover complete decommissioning process shall be required as a condition of the conditional use permit.

(k) Orderly development. Upon issuance of a conditional use permit, all commercial WECS shall notify the appropriate state agencies as may be required by state statute (e.g. Department of Commerce, Public Utilities Commission, Environmental Quality Board).

(2) Safety design standards.

(a) Engineering certification. For all WECS, the manufacture’s engineer or another qualified engineer shall certify that the turbine, foundation and tower design of the WECS is within accepted professional standards, given local soil and climate conditions.

(b) Clearance. Rotor blades or airfoils must maintain at least 12 feet of clearance between their lowest point and the ground.

(c) Warnings. For all commercial WECS, a sign or signs shall be posted on the tower, transformer and substation warning of high voltage. Signs with emergency contact information shall also be posted on the turbine or at another suitable location as determined by the city.

(d) Unauthorized climbing. The WECS shall be guarded against unauthorized climbing. The first 12 feet of the tower shall be non-climbable by design or be enclosed by a six-foot-high, non-climbable fence with a secured access.

(3) WECS performance standards.

(a) Noise. All WECS shall comply with Minn. Rules 7030 governing noise and § 153.091(A)(2)(f).

(b) Electrical codes and standards. All WECS and accessory equipment and facilities shall comply with the National Electric Safety Code and other applicable standards.

(d) Minnesota State Building Code. All WECS shall comply with the International Building Code as adopted by the State of Minnesota Building Code.

(e) Interference.

1. The applicant shall minimize or mitigate interference with electromagnetic communications, such as radio, telephone, microwaves, or television signals cause by any WECS.

2. The applicant shall notify all communication tower operators within two miles of the proposed WECS location upon application to the city for a WECS permit.

3. No WECS shall be constructed so as to interfere with any governmental unit microwave transmissions.

(f) Right of entrance. Through acceptance of a conditional use permit for a WECS, the owner/operator grants permission to the city to enter the property to remove the WECS pursuant to the terms of the conditional use permit and to assure compliance with other conditions set forth in the permit.

(g) Avoidance and mitigation of damages to infrastructure and utilities.

1. Roads.

a. Applicants shall identify all county, city or township roads to be used for the purpose of transporting commercial WECS, substation parts, concrete, and/or equipment for construction, operation or maintenance of the commercial WECS and obtain applicable weight and size permits from the impacted road authority(ies) prior to construction.

b. Applicants shall be responsible for restoring or paying damages as agreed to by the applicable road authority(ies) sufficient to restore the road(s) and bridges to preconstruction conditions.

2. Drainage system. The applicant shall be responsible for immediate repair of damage to public drainage systems stemming from construction, operation or maintenance of the WECS.

3. Public and private utilities. The owner of the WECS is responsible for any damage to any below grade public or private utilities, due to the installation, operation, decommissioning, or action otherwise resulting for any WECS.

(C) Required permits. No person, firm or corporation shall erect, construct in place, re-erect, replace or make structural repairs to any tower without making application for and receiving an approved conditional use or site plan approval and building permit, when applicable. In all cases, review by the Community Development Department for all required permits will be necessary. Site plans and conditional use permits shall be applied for and reviewed under the applicable procedures established in §§ 153.025 through 153.028.

(D) WECS permit and site plan application requirements.

(1) All applications for a WECS conditional use and/or site plan review shall provide the following to be considered complete:

(a) The names of project applicant;

(b) The name of the property owner;

(d) A description of the project including:

1. Number of proposed units;

2. Type of units proposed for construction;

3. Name plate generating capacity of each unit;

4. Rotor diameter(s);

5. Tower height(s) determined by the distance from the surrounding grade to the rotor hub or top of the tower, whichever is higher; and

6. Total height of all wind turbines and means of interconnecting with the electrical grid.

(e) Property survey, including the location of property lines, wind turbines, electrical wires, interconnection points with the electrical grid, and all related accessory structures. The survey shall include distances and be drawn to a measurable scale;

(f) Evidence that the applicant can obtain and maintain adequate liability insurance for the WECS and subject property;

(g) Engineer’s Minnesota State certification and project design specifications;

(h) Documentation of land ownership or legal control of the property.

(2) Additional submittal requirements for commercial WECS only:

(a) The latitude and longitude of individual wind turbines;

(b) A USGS topographical map, or map with similar data, of the property and surrounding area, including any other WECS within ten rotor diameters of the proposed WECS;

(d) FAA permit application;

(e) Location of all known communications towers within two miles of the proposed WECS;

(f) Proof that the WECS will not interfere with emergency or other microwave transmission;

(g) A noise study, prepared by a qualified professional, that demonstrate that except for intermittent episodes, the WECS shall not emit noise in excess of the limits established in Minn. Rules 7030 governing noise and § 153.091(A)(2)(f) of this chapter, as applicable;

(h) A shadow flicker model that demonstrates that shadow flicker shall not fall on, or in, any existing residential structure. Shadow flicker expected to fall on a roadway or a portion of a residentially zoned property may be acceptable if the flicker does not exceed 30 hours per year; and the flicker will fall more than 100 feet from an existing residence; or the traffic volumes are less than 500 vehicles (ADT). The shadow flicker model shall:

1. Map and describe with a 1,000-foot radius of the proposed dispersed wind energy system the topography, existing residences and location of their windows, location of other structures, wind speeds and directions, existing vegetation and roadways. The model shall represent the most probable scenarios of wind constancy, sunshine constancy, and wind directions and speed;

2. Calculate the locations of shadow flicker caused by the proposed project and the expected durations of the flicker at these locations, calculate the total number of hours per year of flicker at all locations;

3. Identify problem areas where shadow flicker will interfere with existing or future residences and roadways and describe proposed mitigation measures, including, but not limited to, a change in siting of the WECS, a change in the operation of the WECS, or grading or landscaping mitigation measures.

(i) Decommissioning plan; and

(j) Description of potential impacts on nearby WECS and wind resources on adjacent properties.

§ 153.072 TELECOMMUNICATION TOWERS AND ANTENNAS.

(A) Purpose. The City of Monticello acknowledges the legal right of telecommunication providers to locate within the city, and the need to accommodate the communication needs of residents and businesses. However, the city wishes to implement its legal authority to adopt zoning requirements which are nondiscriminatory, not intended to prohibit telecommunications service, and not based on health effects of radio frequency emissions. In order to establish uniform, nondiscriminatory regulations that protect the public health, safety and general welfare of the city, these regulations are intended to:

(1) Minimize adverse visual effects of towers through careful design, landscaping, and siting standards;

(2) Avoid potential damage to adjacent properties from tower failure and weather related occurrences through structural standards and setback requirements;

(3) Maximize the use of existing and approved towers and buildings to accommodate new telecommunication antennas in order to reduce the number of towers needed to serve the community;

(4) Utilize business, industrial and public land, buildings and structures for telecommunications whenever possible and/or appropriate;

(5) Provide for the appropriate location and development of towers and antennas to accommodate the communication needs of the residents and businesses within the City of Monticello.

(B) Private amateur radio. Private amateur radio, for the purposes of this chapter, shall mean equipment, including antennae, antennae support structures, and other related material, necessary to conduct ham and short wave radio reception and transmissions, only for use by those persons properly licensed by the Federal Communications Commission for such reception and transmissions, and who are in full compliance with all licensing requirements.

(1) One antenna and associated antenna support structure shall be a permitted accessory use in all zoning districts, provided that:

(a) The owner/operator has current versions of all required licenses to operate said equipment.

(b) All equipment shall be installed in accordance with manufacturer’s specifications, and pursuant to valid building and electrical permits, and any other applicable permit requirements.

(c) Subject to CUP provisions in § 153.072(B)(1)(d) of this chapter, no antenna or antenna support structure shall exceed the allowable height limits of the applicable zoning district in which it is located, plus 20 feet.

(d) By conditional use permit, the height provisions of § 153.072(B)(1)(c) may be exceeded, up to a maximum height of 70 feet, upon a showing that the additional height is necessary for proper function of the equipment due to interference from terrain, vegetation, or adjoining buildings. Any such additional height shall require a setback from all property lines of no less than one-half-foot for every one foot above the limits established in § 153.072(B)(1)(c).

(e) Except as allowed by § 153.072(B)(1)(f), no freestanding antenna or antenna support structure shall be located within any required yard other than the rear yard of any parcel.

(f) An antenna and its support structure may be located within the buildable area of a lot if mounted directly to the principal structure.

(2) Any private amateur radio antenna or antenna support structure which is no longer in use, or for which the owner of property no longer has valid licenses, or which has fallen into disrepair to the extent that it can no longer serve its intended purpose, or which constitutes a hazard or nuisance, shall be considered a violation of the zoning ordinance, and shall be removed.

(C) Private receiving antennae and antenna support structures. Private receiving antennae and antenna support structures, for the purposes of this chapter, shall mean television and other electronic reception antennae for private use.

(1) Private antennae less than three meters in width and related support structures shall be a permitted accessory use in all zoning districts, provided that:

(a) No antenna or antenna support structure shall exceed the allowable height limits of the applicable zoning district in which it is located, plus 20 feet.

(b) No freestanding antenna or antenna support structure shall be located within any required yard other than the rear yard of any parcel.

(c) An antenna and its support structure may be located within the buildable area of a lot if mounted directly to the principal structure.

(2) Any private antenna or antenna support structure which is no longer in use, or which has fallen into disrepair to the extent that it can no longer serve its intended purpose, or which constitutes a hazard or nuisance, shall be considered a violation of the zoning ordinance, and shall be removed.

(D) Commercial transmission/reception antennae and antenna support structures. Commercial transmission and reception antennae and antenna support structures, for the purposes of this chapter, shall mean commercial and industrial communications equipment accessory to business operations of one meter in width or greater, but not personal wireless telecommunications service equipment.

(1) Commercial transmission/reception antennae and antenna support structures shall be allowed as accessory uses only by conditional use permit following the provisions of § 153.028(D) of the zoning ordinance, and shall comply with the following additional requirements:

(a) Antennae and antenna support structures for commercial transmission/reception shall not occupy the front yard of any parcel.

(b) Antennae and antenna support structures allowed under this section shall be fully screened from adjoining residentially zoned parcels.

(c) Antennae and antenna support structures allowed under this section shall be fully screened from adjoining public right-of-way.

(d) Antennae and antenna support structures allowed under this section shall be fully screened from adjoining commercially-zoned property, that is, any parcel with a “B” zoning designation.

(e) Antennae and antenna support structures allowed under this section shall meet all other zoning conditions related to the location of mechanical equipment, whether ground or roof-top mounted.

(E) Wireless telecommunications service antennae and antenna support structures. Wireless telecommunications service antennae and antenna support structures, for the purposes of this chapter, shall mean any equipment necessary to provide or support all types of wireless electronic communications, including, but not necessarily limited to, wireless “cellular” telephone, radio, and internet transmission and reception communications between mobile communications providers and users, including public safety communications. “Small cell” wireless antennae and antenna support structures, defined exclusively as those facilities that are 50 feet or less in height and located within the public right-of-way subject to the city’s right-of-way ordinance, are generally excepted from these provisions. Such facilities are subject to the provisions of § 153.072(E)(3).

(1) Wireless telecommunications service antennae.

(a) Co-location of antennae for personal wireless services shall be a conditional use in all zoning districts on any existing conforming antenna support structure.

(2) Wireless telecommunications service antennae support structures.

(a) Except as otherwise allowed by § 153.072(E)(2)(b) below, support structures for personal wireless service antennae shall be allowed as an accessory use only by conditional use permit, subject to the following provisions:

1. Antenna support structures for personal wireless services shall be no greater in height than the maximum height requirements of the zoning district in which the antenna support structure is located, unless otherwise allowed within this section.

2. Antenna support structures for personal wireless services “A-O” zoning district, all residential zoning districts and the “B-1” zoning district shall be required to be attached to, or mounted upon, the principal building, and shall match said building in color and other design features so as to minimize visibility.

3. Antenna support structures for personal wireless services in the “B-2”, “B-3” and “B-4” zoning district shall be limited in height to 75 feet as measured from the natural grade at the location of the structure.

4. Antenna support structures for personal wireless services in the “I”, Industrial districts shall be limited in height to 150 feet as measured from the natural grade at the location of the structure.

5. Any antenna support structure shall be designed to accommodate the co-location of other antenna arrays.

6. Any freestanding antenna support structure shall be of monopole design.

7. All freestanding antenna support structures for personal wireless services shall be painted a galvanized light-grey color.

(b) Support structures for personal wireless service antenna may be allowed as an accessory use by conditional use permit on residentially zoned lots occupied by public uses, subject to the following provisions:

1. The site upon which the antenna support structure is located is occupied by a principal structure.

2. In no case shall an antenna support structure exceed 199 feet as measured from natural grade at the location of the structure.

3. Any antenna support structure shall be designed to accommodate the colocation of other antenna arrays.

4. Any freestanding antenna support structure shall be of monopole design.

5. All freestanding antenna support structures for personal wireless services shall be finished with a galvanized light-grey color.

6. The provisions of § 153.072(F) are satisfied.

(3) “Small cell” wireless facilities.

(a) “Small cell” wireless service antennae and antenna support structures shall require a conditional use permit when located in the right-of-way adjacent to any residentially zoned parcel, PUD (planned unit development) zoned project which includes residential dwellings, or other residential use, or any historic district. The CUP shall be reviewed pursuant to the provisions of § 153.028(A) of the Monticello Zoning Ordinance, and any other relevant restrictions. No conditional use permit shall be granted for any such facility that creates a substantial burden on the adjoining residential area or the public right-of- way in which it is located.

(b) No “small cell” support structure shall exceed 50 feet in height above the finished grade of the ground on which the structure is located.

(c) Notwithstanding division (b) above, the city may approve “small cell” facilities taller than 50 feet by conditional use permit in rights-of-way adjacent to non-residential property when the city finds that such approval will have specific and substantial public benefits, including, but not limited to, reduction in the overall number or visual impacts of such facilities in the public right-of-way.

(d) Small cell facilities proposed to be co-located on existing support structures on private property, such as parking lot light poles, may be allowed as permitted uses provided no portion of the existing support structure or proposed antenna will exceed the allowable height for such structures in the subject zoning district and that the property is not a residentially zoned parcel, PUD (planned unit development) zoned project which includes residential dwellings, or other residential use, or any historic district.

(e) Any small cell wireless service antennae or new antenna support structures located outside of the public right-of-way, such as on private property, regardless of ownership, and which would exceed the allowable height for the support structure in the subject zoning district shall require a conditional use permit and be subject to all other general requirements of § 153.072, including this section, as well as any other applicable zoning or city code restrictions.

(F) General provisions for wireless telecommunications service antennae and antenna support structures.

(1) No new freestanding antenna support structure shall be located within one mile of any existing freestanding antenna support structure.

(2) No new freestanding antenna support structure shall be approved when there exists a co-location opportunity within one-half mile of the proposed structure location.

(3) Prerequisite. A proposal for a new telecommunications tower shall not be approved unless it can be documented by the applicant to the satisfaction of the city that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or structure within a one mile radius of the proposed tower—transcending all municipal boundaries—due to one or more of the following reasons:

(a) The planned equipment would exceed the structural capacity of an existing or approved tower or building, as documented by a licensed professional engineer, and any existing or approved tower or structure cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost.

(b) The planned equipment would cause interference with other existing or planned equipment at the tower or structure.

(c) Existing or approved towers and structures within a one mile radius cannot accommodate the planned equipment at a height necessary for reasonable function.

(d) The applicant has demonstrated that location of the antennas, as proposed is necessary to provide adequate coverage and capacity to areas which cannot be adequately served by locating the antennas in a less restrictive district or an existing structure. Information provided as part of the capacity analysis, that is a trade secret, pursuant to M.S. § 13.37, as it may be amended from time to time, shall be classified as non-public data.

(e) Other unforeseen reasons that make it unfeasible to locate the telecommunications equipment upon an existing or approved tower or building.

(4) Siting provisions.

(a) Antennae shall be located on existing buildings and structures whenever possible.

(b) No part of any antenna or antenna support structure, nor any appurtenances to such structure or antenna, shall extend over any public right-of-way or property line, nor be located within an public utility or drainage easement.

(c) Antenna support structures shall be designed to replicate materials and colors of similar structures in the area, such as lighting or utility poles.

(5) Setbacks.

(a) In all zoning districts, the antenna support structure and any appurtenant structures shall comply with the minimum setback requirements of the district in which the proposed structure is to be located, or the distance determined as the fall zone of the structure by a licensed professional engineer, whichever is greater.

(b) In all zoning districts, no freestanding antenna support structure shall be located within 250 feet of an existing residence, or the proposed home location on an approved preliminary plat.

(6) Design and construction.

(a) No advertising or identification of any kind intended to be visible from the ground or other structures is permitted, except applicable warning and equipment information signage required by the manufacturer or by federal, state, or local authorities.

(b) All antennae, antenna support structures, and accessory structures shall be in compliance with all city and State Building Codes, as applicable, and shall obtain all necessary permits.

(c) Structure design, mounting and installation of the antenna and antenna support structure shall be in compliance with the manufacture’s specifications, and installation plans shall be approved and certified by a licensed professional engineer.

(d) Antenna support structures and antennae shall be grounded for protection against a direct strike by lightning and shall comply, as to electrical wiring and connections, with all applicable provisions of all state codes.

(e) All transmitting, receiving and switching equipment shall be housed within a structure or cabinet whenever possible, and shall adhere to the following:

1. If a new tower accessory building is necessary to house such equipment, it shall be architecturally designed to blend in with the surrounding environment, and shall be screened from view by landscaping as deemed necessary by the City Council.

2. Accessory equipment associated with a rooftop antenna, satellite dishes, or wall antenna shall be located within the building, cabinet, or within a roof or ground enclosure which is constructed of materials and color scheme compatible with the principal building.

3. All transmitting, receiving and switching equipment shall be housed within a structure or cabinet. Such structure shall be architecturally designed to blend in with the surrounding environment, and shall be screened from view by landscaping consistent with the screening and landscaping requirements of the Monticello Zoning Ordinance.

4. Antenna support structures located within 1,000 feet of the FiberNet Monticello Co-Location Building shall be required to locate all transmitting, receiving and switching equipment within the FiberNet Monticello Co-Location.

(7) Lights and attachments.

(a) No antenna or antenna support structure shall have lights, reflectors or other illuminating devices of any kind, unless required by a federal or state regulatory authority.

(b) Lights attached to antenna support structures may be approved by the City Council as a part of a conditional use permit when such lights are used to illuminate a parking lot or other use on the ground, provided such lights meet the exterior lighting requirements of the Monticello Zoning Ordinance.

(8) Site landscaping.

(a) The site on which an antenna or antenna support structure is located shall be landscaped to control dust, weeds, drainage, and to improve aesthetics of the property.

(9) Non-interference.

(a) No antenna installation shall transmit signals in a way that causes interference with any other electronic device.

(G) Application process and submittal requirements for wireless telecommunications service antenna support structures.

(1) Submittal requirements. All applications for a conditional use permit for any antenna or antenna support structure shall be accompanied by the following materials:

(a) Documentation, in the form of a signed lease or other adequate proof of property interest, demonstrating that the applicant has authority to seek the requested permit from the owner or owners of the parcel in question.

(b) A statement describing the proposed project, together with written justification supporting the proposed installation.

(c) Proof of insurance against injury or property damage caused by structural failure of any element of the installation.

(d) The legal description of the property on which the improvements are to be located.

(e) A certified survey of the property showing all existing conditions, along with the proposed improvements.

(f) A coverage study prepared by a radio frequency engineer showing alternative antenna support structure locations, co-location options, and whether such alternatives can accommodate the proposed antenna with reasonable coverage, including any known approved but unconstructed locations. Such plan shall include all existing towers, buildings, and other possible support structures.

(g) A landscaping and screening plan.

(h) A grading and drainage plan.

(i) Architectural drawings of all appurtenant structures planned for the site.

(j) A decommissioning plan outlining the means, process, and anticipated costs of removing all improvements at the end of their service life, or upon discontinued use.

(k) A security acceptable to the city adequate to ensure safe removal of all improvements upon decommissioning.

(l) A development agreement specifying the terms of the conditional use permit, including improvements, decommissioning, financial security, and other elements.

(m) Other information specified by the Community Development Director and/or City Council necessary to support the application and permit adequate municipal review of the request.

(H) Outside review. At the request of the Community Development Director, the city may seek and obtain the advice of outside experts to review technical materials submitted by the applicants, including the advice of structural experts, radio frequency engineers, or for any other related area of analysis. The applicant shall submit an escrow to cover the costs of such expertise.

(I) Removal of abandoned or unused antennae, antenna support structures, or other appurtenant elements. Any tower and/or antenna which is not used for six successive months shall be deemed abandoned and may be required to be removed from the property. All abandoned or unused towers and associated facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the City Council. After the facilities are removed, the site shall be restored to its original or an improved state. If a tower is not removed within 12 months after the cessation of operations at a site, the tower and associated facilities may be removed by the city and the costs of removal assessed against the property. The owner of the tower and the owner of the property are both responsible for removal of the tower as required by this section.