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Mounds View City Zoning Code

GENERAL BUILDING

REQUIREMENTS

§ 160.025 PURPOSE.

   The purpose of this subchapter is to establish general development performance standards. These standards are intended and designed to assure compatibility of uses, to prevent urban blight, deterioration and decay and to enhance the health, safety and general welfare of the residents of the community.
(Prior Code, § 1103.01)

§ 160.026 DWELLING UNIT RESTRICTIONS.

   (A)   No cellar, garage, tent, recreational vehicle, travel trailer or accessory building shall at any time be used as an independent residence or dwelling unit, temporarily or permanently, except as permitted pursuant to § 160.087(I) of this chapter.
   (B)   Basements or cellars, if used as habitable rooms as a portion of residential dwellings, must conform to all Building Codes.
   (C)   Tents, playhouses or similar structures may be used for play or recreational purposes.
(Prior Code, § 1103.02) (Ord. 927, passed 08-22-2016)

§ 160.027 PLATTED AND UNPLATTED PROPERTY.

   (A)   Survey. Any person desiring to improve property shall submit to the Building Official a survey of the premises and information on location and dimensions of existing and proposed buildings, location of easements crossing the property, encroachments and any other information which may be necessary to ensure conformance to city codes.
   (B)   Placement of buildings. All buildings shall be 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.
   (C)   Buildable lots.
      (1)   A lot or parcel of land for which a deed has been recorded in the office of the county’s Register of Deeds upon or prior to 05-09-1960 shall be deemed a buildable lot; provided, it has frontage on a public right-of-way, and the space requirements for the district in which it is located can be maintained or adjusted to conform as follows:
         (a)   A platted lot or parcel of land of record on or prior to 05-09-1960, which does not meet the requirements of this chapter as to area, width or other open space may, if it is properly zoned, be utilized for single-family detached dwelling purposes; provided, the measurements of the area, width or open space are within 70% of the requirements under the terms of this chapter, but the lot or parcel shall not be more intensively developed. The existing lots that fall within 70% of the requirements and have lot widths less than required by this chapter shall be permitted to have side yard setbacks in the same percentage proportion as the lot width reaches the requirements of this chapter. In no case shall a side yard setback be less than five feet.
         (b)   Where two or more contiguous vacant lots are held in common ownership within a subdivision which was duly recorded prior to 05-09-1960, which lots are individually not of the required minimum area or width for the district in which they are situated, building permits will be issued; provided that, the lots shall be combined in a way as to provide the minimum lot frontage and area required for each structure.
      (2)   The purpose of this provision is to permit utilization of recorded lots which lack adequate width or area, as long as reasonable living standards can be provided, and to widen substandard size vacant lots wherever practicable so that they will be in harmony with the existing or projected character of the neighborhood in which they are situated.
   (D)   Principal buildings. Except in the case of planned unit developments as provided for in §§ 160.315 through 160.319 of this chapter, not more than one principal building shall be located on a lot. The words PRINCIPAL BUILDING shall be given their common, ordinary meanings; in case of doubt or on any question or interpretation, the decision of the Building Official shall be final, subject to the right of appeal to the Planning and Zoning Commission and City Council.
   (E)   Front lot lines. On a through lot (a lot fronting on two parallel streets), pursuant to the definition of through lot in § 160.012 of this chapter, both street lines shall be front lot lines for applying the yard and parking regulations of this chapter.
   (F)   Building permits. Before a building permit may be issued under §§ 150.050 through 150.054 of this code of ordinances for any new construction on unplatted land, the land shall be platted under the provisions of Ch. 158 of this code of ordinances.
(Prior Code, § 1103.03) (Ord. 970, passed 01-13-2020)

§ 160.028 ACCESSORY BUILDINGS, USES AND EQUIPMENT.

   (A)   Connection to principal building. An accessory building shall be considered an integral part of the principal building if it is connected to the principal building by a covered passageway.
   (B)   Location in yards.
      (1)   No accessory building, other than a garage, shall be erected or located within any required yard other than the rear yard.
      (2)   Accessory uses or equipment must be located in the rear yard, except those expressly allowed in side yards in § 160.055(E) of this chapter.
(Prior Code, § 1103.06) (Ord. 453, passed 02-27-1989) Penalty, see § 160.999

§ 160.029 DRAINAGE.

   In the case of all residential apartment, business and industrial developments, the drainage plans shall be submitted to the Director of Public Works/Parks and Recreation for review, and the final drainage plan shall have the Director’s written approval. All drainage plans shall conform to Local Surface Water Management Plan. The requirements of Ch. 154 and 159 of this code or ordinances shall be met.
(Prior Code, § 1103.07) Penalty, see § 160.999

§ 160.030 FENCING, SCREENING AND LANDSCAPING.

   (A)   Height. No fence shall exceed eight feet in height, and in the case of grade separation, such as the division of properties by a retaining wall, the height shall be determined on the basis of measurement from the average point between the highest and lowest grade.
   (B)   Intersections. No structures or plantings 30 inches or more in height, or fences shall be permitted within 30 feet of any corner formed by the intersection of street property lines or the right-of-way of a railway intersecting a street, except properly constructed chain link fences. The chain link fences shall not exceed 48 inches in height from the grade level at the lot line and shall have openings in the wire mesh of not less than one and five-eighths inches, nor more than two and one-fourth inches. The fences may follow the lot line to the lot corner. The 30-foot restriction noted above shall consist of the triangle formed by connecting the two points on intersecting lot lines that are each 30 feet from the lot corner (see Diagram A).
   (C)   Location.
      (1)   Except as provided in division (B) above, fences not to exceed 48 inches in height may be located on any part of a lot. Fences not to exceed 96 inches in height may be erected on any part of a lot behind the front line of the principal building. The City Council may require or approve fencing up to 96 inches in height in a front yard to satisfy a buffer or screening condition of a development review or conditional use permit (see Diagram A).
      (2)   A fence or retaining wall shall be installed on the applicant’s property. The fence or retaining wall shall not be installed directly over the property line, but shall not otherwise be subject to a setback requirement, except as provided in division (C)(3) below.
      (3)   Fences on corner lots whose side yard abuts a roadway may be six feet in height beginning at the front building line of the principle structure.
Diagram A
   (D)   Landscaping required. In all zoning districts, the lot area remaining after providing for off-street parking, off-street loading, sidewalks, driveway, building site and/or other requirements shall be planted and maintained in grass, sodding, shrubs or other acceptable vegetation or treatment generally used in landscaping. The requirements of § 160.419 of this chapter must be met for all new developments in the R-3, R-4, B-1, B-2, B-3, B-4, I-1 and PUD Districts.
   (E)   Surface of fences.
      (1)   Any fence shall be so constructed that the surface facing adjoining properties or public rights-of-way shall be of finished construction.
      (2)   No fence or wall shall obstruct natural drainage or impede the function and flowage within a dedicated drainage easement.
      (3)   Fences located on public and semi-public properties may be erected to a height of eight feet anywhere on the property.
   (F)   Required screening. The fencing and screening required by this chapter shall be subject to divisions (A) through (E) above and shall consist of either a fence or a green belt planting strip the height of which shall be sufficient to adequately shield the activity from the abutting properties.
      (1)   A green belt planting strip shall consist of evergreen ground cover and shall be of sufficient width and density to provide an effective screen. This planting strip shall contain no structures or other use. The planting strips shall not be less than eight feet in height. Earth mounding or berms may be used but shall be limited to an average of five feet of the height of the required screen. The planting plan and type of shrub shall require the approval of the Planning and Zoning Commission based upon a recommendation of the Director of Public Works/Parks and Recreation and Building Inspector.
      (2)   A required screening fence shall be constructed of masonry, brick, wood or steel. The fence shall provide a solid screening effect and not exceed eight feet in height or be less than six feet in height. The design and materials used in constructing a required screening fence shall be subject to the approval of the Planning and Zoning Commission based upon a recommendation by the Director of Public Works/Parks and Recreation and Building Inspector.
      (3)   Ground cover shall be established within six months, weather permitted, following issuance of the building permit. Ground cover material shall be of a type as to control erosion.
   (G)   Prohibited materials.
      (1)   Barbed wire, razor wire or other materials which could cause bodily harm shall be prohibited, and no fence or property shall be wired and designed to conduct and emit an electrical charge, except as allowed for below.
      (2)   Facilities providing essential services or municipal and governmental services may erect barbed wire, or other materials having a similar deterrence, upon notice to properties within 350 feet and upon approval of the City Council.
(Prior Code, § 1103.08) (Ord. 658, passed 08-14-2000; Ord. 773, passed 08-14-2006; Ord. 785, passed 12-10-2007; Ord. 909, passed 11-09-2015; Ord. 1035, passed 4-14-2025) Penalty, see § 160.999

§ 160.031 GLARE.

   Any lighting used to illuminate an 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. 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. The source of lights shall be hooded or controlled in some manner so as not to light adjacent property. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right- of-way. 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 centerline of the street. Any light or combination of lights which cast light on residential property shall not exceed four-tenths foot-candles (meter reading) as measured from the property.
(Prior Code, § 1103.09) Penalty, see § 160.999

§ 160.032 SMOKE, DUST AND ODORS.

   As established in Minn. Rules Ch. 7001 through 7028, as amended from time to time.
(Prior Code, § 1103.10) Penalty, see § 160.999

§ 160.033 NOISE.

   (A)   All noise shall be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness and, as measured at any property line, shall not exceed the intensity in relation to sound frequency as established in Minn. Rules Ch. 7030 as it may be amended from time to time.
   (B)   The following are exceptions to standards established in division (A) above:
      (1)   Noises not directly under the control of the property owner;
      (2)    Noises emanating from construction and maintenance activities between 7:00 a.m. and 10:00 p.m. on weekdays; and
      (3)   The noise of safety signals, warning devices and emergency pressure relief valves.
(Prior Code, § 1103.11) (Ord. 1035, passed 4-14-2025) Penalty, see § 160.999

§ 160.034 REFUSE.

   All materials stored outside in violation of Ch. 50 of this code or ordinances are considered refuse and shall be disposed of within ten days of notice from the municipality. All vehicles shall comply with the provisions of Ch. 91 of this code of ordinances.
(Prior Code, § 1103.12) Penalty, see § 160.999

§ 160.035 STORAGE OF EQUIPMENT AND MATERIALS.

   (A)   All materials and equipment, except as provided for in §§ 160.085 through 160.088, 160.100 through 160.104, 160.115 through 160.118, 160.130 through 160.133, 160.145 through 160.152, 160.165 through 160.169, 160.180 through 160.184, 160.195 through 160.199, 160.215 through 160.219, 160.230 through 160.235 and 160.250 through 160.254 of this chapters or listed below, shall be stored within a building or fully screened so as not to be visible from adjoining properties.
   (B)   Storage in the front yard shall not be allowed:
      (1)   Clothesline, pole and wires;
      (2)   Off-street parking as regulated by Ch. 71 of this code of ordinances; and
      (3)   Construction and landscaping material currently being used on the premises.
(Prior Code, § 1103.13) Penalty, see § 160.999

§ 160.036 LIQUID OR SOLID WASTES.

   There shall be no discharges, at any point, into any public sewer, private sewage disposal system or stream or into the ground, except in accordance with standards approved by the Department of Health of the state or standards equivalent to those approved by the Department for similar uses or any materials of a nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous or offensive elements.
(Prior Code, § 1103.14) Penalty, see § 160.999

§ 160.037 TOXIC OR NOXIOUS MATTER.

   No use shall, for any period of time, discharge across the boundaries of the lot wherein it is located toxic or noxious matter of a concentration as to be detrimental to or endanger the public health, safety, comfort or welfare or cause injury or damage to property, business or persons.
(Prior Code, § 1103.15) Penalty, see § 160.999

§ 160.038 EXPLOSIVES.

   (A)   General restrictions. No activities involving the storage, utilization or manufacture of materials or products which could decompose by detonation shall be permitted, except such as are specifically authorized by the City Council or allowed below. The materials shall include, but not be confined to: all primary explosives, such as lead oxide and lead sulphate; all high explosives and boosters, such as TNT, RDS, tetryl and ammonium nitrate, propellants and components thereof, such as nitrocellulose, ammonium perchlorate and nitroglycerine; blasting explosives, such as dynamite, powdered magnesium, potassium chlorate, potassium permanganates and potassium nitrate; and nuclear fuels and reactor elements, such as uranium 235 and plutonium.
   (B)   Storage of black powder. The possession and storage of no more than one pound of black sporting powder and no more than 20 pounds of smokeless powder shall be allowed; provided, it is stored in its original container.
(Prior Code, § 1103.16) Penalty, see § 160.999

§ 160.039 UNDERGROUND STORAGE TANKS.

   (A)   Underground gas storage tanks shall satisfy state and federal laws.
   (B)   If a lot has one or more underground storage tanks and the business on that lot is closed for one year, the underground storage tanks shall be removed.
   (C)   If the closed business fails to remove the underground storage tanks after notification by the city, in writing, the city shall have the right to remove the tank.
   (D)   The cost of the work shall be assessed to the property.
(Prior Code, § 1103.17) Penalty, see § 160.999

§ 160.040 SATELLITE DISH ANTENNAS.

   (A)   Residential districts. The installation of satellite dish antennas over 36 inches in diameter in R-1, R-2 and R-5 Residential Districts shall meet the following requirements:
      (1)   The maximum dish diameter shall be 12 feet;
      (2)   A dish with a diameter larger than three feet shall not be installed on any structure, building, garage or accessory building, but shall be ground mounted;
      (3)   A dish shall not be installed in a front yard or side yard;
      (4)   The location of a dish shall satisfy building setback requirements hereof and solar skyspace easement requirements hereof;
      (5)   The total height of the installation shall not exceed 15 feet;
      (6)   A building permit is required prior to installation; and
      (7)   The installation shall comply with Federal Communication Commission regulations.
   (B)   Other zoning districts. Installation of satellite dish antennas in other zoning districts shall meet the following requirements: the location of a dish shall satisfy building setback requirements hereof and solar sky space easement requirements hereof.
   (C)   All zoning districts. Installation of satellite dish antennas 36 inches or less in diameter shall meet the following requirements: a satellite dish shall not be installed in a public right-of-way, public easement or wetland.
(Prior Code, § 1103.18) (Ord. 831, passed 09-03-2009) Penalty, see § 160.999

§ 160.041 CARGO CONTAINERS.

   (A)   Permitted locations and prohibitions.
      (1)   Cargo containers may not be placed, stored or used permanently on any property zoned for residential use. Cargo containers with alterations, such as cosmetic or structural changes done in order for the container to appear more like a typical accessory building, are not allowed permanently on residential property.
      (2)   Cargo containers may be placed, stored or used for temporary storage on property zoned for residential use. Each residential property may use only one cargo container at a time.
   (B)   Standards. The following standards shall apply to all cargo containers.
      (1)   Cargo containers shall not be stacked on one another.
      (2)   Cargo containers shall not be used for human habitation or commercial purposes, and shall not be provided with refrigeration, heating, electricity or plumbing.
      (3)   Refuse and debris shall not be stored in, against on or under the cargo container.
      (4)   The cargo container may not occupy any required off-street parking spaces or loading/unloading areas or fire lanes in any district.
      (5)   The cargo container shall not block, obstruct or reduce in any manner any required exits, windows, vent shafts, parking spaces and/or access driveways.
      (6)   The cargo container shall be placed on an asphalt or concrete surface and be located a minimum of 15 feet from the edge of the street.
      (7)   (a)   The cargo container shall be structurally sound, stable and in good repair. Any cargo container that becomes unsound, unstable or otherwise dangerous shall be immediately repaired or removed from the property.
         (b)   The city shall provide notice to the owner of the property where the cargo container is located of any condition in violation of this section.
         (c)   After notice to the property owner, any cargo container stored or kept in a manner deemed a dangerous condition and a public nuisance as determined by the city may be immediately removed by the city. Any cost or expense associated with the removal shall be the responsibility of the property owner where the cargo container is located.
   (C)   Current violations; time to comply.
      (1)   Cargo containers located on residential property prior to the effective date of this chapter are considered illegal.
      (2)   All property owners within the city shall have 12 months from the effective date of this chapter to bring the properties, which currently contain cargo containers or accessory storage structures that are in violation of the terms of this chapter, into full compliance with the provisions of this chapter.
(Prior Code, § 1103.19) (Ord. 879, passed 07-22-2013) Penalty, see § 160.999