Osseo City Zoning Code

CHAPTER 153

ZONING

APPENDIX A: LOT REQUIREMENTS AND STANDARDS

Zoning District	Building Height Max. (feet)e	Access. Height Max. (feet)	Lot Size Min (s.f)	Lot Width Minimum (feet)	Setbacksf					Minimum Site Area Per Dwelling Unit (sq. feet)	Dwelling Floor Area Ratio	Max. Impervious Surface(%)
Zoning District	Building Height Max. (feet)e	Access. Height Max. (feet)	Lot Size Min (s.f)	Lot Width Minimum (feet)	Front Yard (Feet)	Corner Side Yard (Feet)	Side Interior (Feet)	Rear Yard (Feet)	Accessory Side/Rear Yard (Feet) (Alley)	Minimum Site Area Per Dwelling Unit (sq. feet)	Dwelling Floor Area Ratio	Max. Impervious Surface(%)
R-1 One-family Two-family	25 25	10g 10g	8,250 10,000	50 50	25 25	25 c 25 c	15 b 15 b	5 5	5 5		0	50% 50%
R-2 Multiple family Efficiency 1-bedroom 2-bedroom More	35 (65)a	10g 10g 10g 10g	21,780 21,780 21,780 21,780	130 130 130 130	35 35 35 35	25 25 25 25	10 10 10 10	10 10 10 10		400 525 650 Add 125 s.f. each additional bedroom	N/A N/A N/A N/A	60% 60% 60% 60%
CBD	45	15	7,200	50	0	0	0 d	0	0	N/A	N/A	100%
EMX	65a	15	7,200	50	0 10 ft max	0 10 ft max	0 d	0	0	N/A	N/A	100%
C-2N & S	35	15	7,200	50	20	20	10	10	10	N/A	1	60%
M	40	15	20,000	100	20	20	10	10	10	N/A	1	100%
Definitions: 43,560 square fee = 1 acre Floor area ratio = total floor area of principal and accessory structure in direct ratio to the gross area of the lot
Notes: a 65 ft. if structure is designed for multiple residents b On interior lots, there must be at least 15 feet between dwellings with a minimum of 5 feet from the lot line c The buildable principal structure area must not be less than 32 feet in width, exclusive of setbacks d When a commercial building shares a common boundary with a residential use property, a side yard set back of 10 feet is required e The building height limits established herein for districts shall not apply to the following: belfries; chimneys or flues; church spires; cooling towers; cupolas and domes which do not contain useable space; elevator penthouses; flag poles; monuments; parapet walls extending not more than 3 feet above the limiting height of the building f The following shall not be considered as encroachment on required yard setbacks: (1) Flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters, and the like, provided they do not project more than two feet into the required yard (2) Ground level patio, i.e., patio that is flush with the ground (3) In rear yards, recreational and laundry drying equipment, arbors and trellises, detached outdoor living rooms, and air conditioning or heating equipment to a point not less than ten feet from the rear lot line (4) A one-story enclosed entrance for a detached one-family, duplex, or townhouse dwelling may extend into the front yard setback not exceeding four feet g Except private garages are allowed to be up to 15 feet in height

(1997 Code, Ch.25, Table1) (Am. Ord. passed 9-22-2003; Am. Ord. 2005-5, passed 8-8-2005; Am. Ord. 2021-1, passed 4-12-2021)

APPENDIX B: OFF-STREET PARKING SPACE REQUIREMENTS

Use	Minimum Number of Parking Spaces
Artisan manufacturing	At least 0.75 parking spaces for each employee on maximum shift or one parking space for each 1,500 square feet of floor area, whichever is the larger
Churches, auditoriums, mortuaries, and other similar places of assembly	At least one parking space for each three and one-half seats based upon design capacity of seating area
Community center, post office, YMCA, YWCA, physical culture studio, library, private club, lodge, museum, art gallery, and other similar establishments	At least 12 parking spaces plus one for each 250 square feet in excess of 2,000 square feet of floor area based upon design capacity
Furniture store, appliance store, auto sales, grain sales, kennels, studios, commercial greenhouses	At least one parking space for each 400 square feet of floor area. Open sales or rental lots shall provide one parking space for each 3,500 square feet of land which is to be used for sales and display area
Housing designated exclusively for individuals 55 and older	One parking space for each dwelling units
Motor service stations	At least four parking spaces plus two additional parking spaces for each service stall
Multiple-family dwellings	One and three-fourths spaces per dwelling unit
One- and two-family dwellings	Two spaces per dwelling unit
Personal and professional offices, medical clinics, dental clinics, banks, savings institutions, and the like	At least one parking space for each 200 square feet of floor area
Restaurants, cafes, bars, taverns, night clubs, and the like	At least one parking space for each three seats based upon design capacity of seating area
Retail sales, service establishments, and shopping centers	At least one parking space for each 150 square feet of floor area
Convalescent home, rest home, nursing home, day nursery, or assisted living facilities	At least four parking spaces plus one for each four beds based upon design capacity
School, elementary	At least one parking space for each classroom plus one additional space for each 39 student capacity
School, middle	At least one parking space for each classroom plus two additional parking spaces for each 30 student capacity
School, senior high and private	At least one parking space for each classroom plus one additional parking space for each six students based upon design capacity
Wholesaling, manufacturing, and similar industrial uses	At least one parking space for each two employees on maximum shift or one parking space for each 2,000 square feet of floor area, whichever is the larger
Other uses	As required by City Council

(1997 Code, Ch. 25, Table 4) (Ord. passed 11-14-1994; Am. Ord. 2005-7, passed 10-24-2005; Am. Ord. 2017-3, passed 9-11-2017)

Cross-reference:

Off-Street Parking, see §§ 153.070 et seq.

APPENDIX C: DISTRICT SIGN REGULATIONS

Zoning District

Maximum Sign Area of a Single Sign (Square Feet)1

Maximum Height of a Single Sign (Feet)

Cumulative Maximum Area (CMSA) of All Nonexempt Signs (Square Feet)2, 3

Maximum Percentage of CMSA Allocable to Class A Signs

Maximum Percentage of CMSA Allocable to Class B Signs

Maximum Percentage of CMSA Allocable to Class C Signs

Prohibited Signs

Zoning District	Maximum Sign Area of a Single Sign (Square Feet)1	Maximum Height of a Single Sign (Feet)	Cumulative Maximum Area (CMSA) of All Nonexempt Signs (Square Feet)2, 3	Maximum Percentage of CMSA Allocable to Class A Signs	Maximum Percentage of CMSA Allocable to Class B Signs	Maximum Percentage of CMSA Allocable to Class C Signs	Prohibited Signs
R-1*	8	6	16	100%	100%	100%	Awning signs Bench signs Electronic message display signs Inflated signs Illuminated signs, except where specifically allowed Off-premises signs Portable trailered signs Pylon signs Signs prohibited in all zoning districts
R-2*	8 (and 1 sign of up to 32 sq. ft. within 30 feet of a traveled public road right-of- way)	6	100	90%	70%	10%	Electronic message display signs Inflated signs Illuminated signs, except where specifically allowed Off-premise signs Pennant signs Portable trailered signs Pylon signs Signs prohibited in all zoning districts
*Legal Non- Residential Use in R Districts	32	8	100	90%	50%	10%	No signs which are specifically prohibited in the R-1 zoning district may be erected upon a property that contains a legal non-residential use in a residential district
CBD^	50	8	2 per linear front foot	70%	20%	10%	Inflated signs Off-premise signs Portable trailered signs Pylon signs Signs prohibited in all zoning districts
C2-N, C2-S, M^	150	15	4 per linear front foot	70%	25%	5%	Off-premise signs Signs prohibited in all zoning districts
PI^	150	25	5% of lot area	90%	50%	10%	Bench signs Signs prohibited in all zoning districts
^Undeveloped Lots in Non- Residential Districts	40	8	40	25%	75%	0%	Attached signs Awning signs Bench signs Building signs Electronic message display signs Inflated signs Illuminated signs Off-premise signs Pennant signs Portable trailered signs Signs prohibited in all zoning districts
Notes: 1, 2 The maximum sign area of a single sign may not be larger than the CMSA of all nonexempt signs or freestanding signs. This includes instances where the cumulative maximum or freestanding sign area calculation prohibits any single sign from meeting the maximum sign area, in which case, the more restrict requirement limiting total cumulative sign area shall apply.

(Ord. 2018-4, passed 8-13-2018)

Cross-reference:

Signs, see §§ 153.090 et seq.

APPENDIX D: ZONING MAP

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§ 153.001 TITLE.

This chapter shall be known, cited, and referred to as the city’s Zoning Code, except as referred to herein, where it shall be known as this chapter.

(1997 Code, § 25.01) (Ord. passed 11-14-1994)

§ 153.002 PURPOSE.

The purpose of this chapter is to:

(A) Protect the public health, safety, comfort, convenience, and general welfare;

(B) Promote orderly development of residential, commercial, industrial, and recreational areas of the city;

(C) Divide the area within the city into zones and districts regulating the location, construction, reconstruction, alteration, and use of structures and land as well as regulating the bulk of structures in relationship to surrounding properties;

(D) Protect and improve the quality of unique natural resources;

(E) Preserve and protect property values;

(F) Provide for the administration of this chapter and define the powers and duties of the administering officer as provided hereinafter; and

(G) Prescribe penalties for the violation of the provisions in this chapter or any amendment thereto.

(1997 Code, § 25.02) (Ord. passed 11-14-1994)

§ 153.003 JURISDICTION; ANNEXATIONS.

The geographic jurisdiction of this chapter shall be the entire area within the corporate limits of the city. Territory that may be added to the city by annexation, merger, or other means shall be classified within the one- and two-family residential (R-1) zoning district until such time that the City Council, after referral to and recommendation by the Planning Commission, may rezone all or portions of the added territory to more appropriate classifications.

(1997 Code, § 25.04) (Ord. passed 11-14-1994)

§ 153.004 AUTHORITY.

This chapter is enacted in accordance with the authority granted by M.S. § 462.357, as it may be amended from time to time.

(1997 Code, § 25.05) (Ord. passed 11-14-1994)

§ 153.005 APPLICATION; MINIMUM REQUIREMENTS; COMPLIANCE REQUIRED.

(A) In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.

(B) No structure shall be erected, converted, enlarged, reconstructed, or altered, and no structure or land shall be used for any purpose nor in any manner which is not in conformity with the provisions of this chapter.

(1997 Code, § 25.07) (Ord. passed 11-14-1994) Penalty, see § 10.99

§ 153.006 GREATER RESTRICTIONS.

Where the conditions imposed by any provision of this chapter are either more restrictive or less restrictive than comparable conditions imposed by any other law, ordinance, statute, resolution, or regulation of any kind, the regulations which are more restrictive, or which impose higher standards or requirements, shall prevail.

(1997 Code, § 25.07) (Ord. passed 11-14-1994)

§ 153.007 ESSENTIAL SERVICES.

(A) Essential services shall be subdivided into two classes for consideration under this chapter: governmentally owned and operated, or privately owned and operated.

(B) (1) Governmentally operated and owned essential services (sewer, water, and the like) shall be permitted as authorized and regulated by state law and ordinances of the city. It is the intention that these essential services are exempt from the application of this chapter.

(2) Privately owned and operated essential services (telephone, electric, gas, and the like) are subject to provisions of this chapter, unless specifically exempted by a provision of this chapter. These essential services are also subject to other ordinances of the city as applicable.

(1997 Code, § 25.07) (Ord. passed 11-14-1994)

§ 153.008 INTERPRETATIONS.

In construing this chapter, the following rules of construction shall govern, unless their observance would involve a construction inconsistent with the manifest intent of the Council, or be repugnant to the context of this chapter.

(A) Words used in the present tense shall include the past and future tenses, and the future tense shall include the present.

(B) Words in the singular shall include the plural, and the plural shall include the singular.

(D) The use of one gender shall include all other genders.

(E) References herein to the Administrator, Planner, Assessor, Engineer, Building Officer, and Administrator-Clerk-Treasurer shall mean the person who then holds that position in the city, unless otherwise expressly stated.

(F) The use of the phrase “used for” shall include the phrases “designed for,” “intended for,” “improved for,” “maintained for,” “offered for,” and “occupied for.”

(G) Words and phrases shall be construed according to rules of grammar and according to their common and approved usage; but technical words and phrases and others as have acquired a special meaning, or are defined in this chapter, shall be construed according to that special meaning or their definition.

(H) References in this chapter to this chapter or to another city ordinance or code provision, whether or not by specific number, shall mean this chapter, and the referred-to ordinance or code provision, as it is in force as of the effective date of this chapter, and as it may from time to time thereafter be amended and modified, and shall also mean and include any ordinances that may supersede or be substituted for the ordinance or code provision so referred to.

(I) All measured distances expressed in feet shall be rounded to the nearest tenth of a foot.

(1997 Code, § 25.03) (Ord. passed 11-14-1994)

§ 153.009 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ABUTTING. Making contact with or separated only by public thoroughfare, railroad, public utility right-of-way, or navigable waters.

ACCESSORY BUILDING OR USE. A subordinate building or use, attached or detached, which is located on the same lot on which the main building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of that building or main use. A building or use subordinate to and serving the principal building or use on the same lot, attached or detached, and clearly and customarily incidental thereto.

ADDITION. A physical enlargement of an existing structure.

ADDRESS SIGN. A sign communicating street address only, whether in script or in numerical form.

ADMINISTRATOR. The officer, duly authorized deputy, or other person charged with the administration and enforcement of this chapter.

ADVERTISING SIGN. A billboard, poster panel, painted bulletin board, or other communicative device which is used to advertise products, goods, or services which are not exclusively related to the premises on which the sign is located. For purposes of this chapter, a sign posted no more than 120 hours in any eight-day period shall not be considered an ADVERTISING SIGN.

ALLEY. A public right-of-way which affords a secondary means of access to abutting property, not to exceed 30 feet in width at its intersection with a street.

ALTERATION. Any change in the size, shape, character, or use of a building or structure; or any change made to a sign; but shall not include routine maintenance, painting, or change of copy of an existing sign.

ANTENNAE. Equipment located on the exterior of or outside of a building or structure used for transmitting or receiving radio, television, or telecommunication signals.

APARTMENT. See DWELLING UNIT.

APARTMENT BUILDING. See DWELLING, MULTIPLE-FAMILY.

AREA IDENTIFICATION SIGN. A sign which identifies the name of a shopping center consisting of three or more separate business concerns, a singular freestanding commercial or institutional building 50,000 square feet or larger, an industrial building in excess of 100,000 square feet, an industrial area, an office or institutional complex consisting of three or more buildings, or any combination of the above. An AREA IDENTIFICATION SIGN shall contain no advertisement, except on a reader board.

AUTO REDUCTION YARD. A lot or yard where three or more unlicensed motor vehicles or the remains thereof are kept for the purpose of dismantling, sale of parts, sale as scrap, storage, or abandonment.

AUTOMOBILE DETAILING. Any facility that provides extensive vehicle cleaning in exchange for a fee or as part of a service to customers, including but not limited to the use of vacuums, shampoos and other cleaning products, steam cleaners, and manual detailed cleaning inside and outside the vehicle.

AUTOMOBILE REPAIR, MAJOR. General repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers; including body work, frame work, and major painting service.

AUTOMOBILE REPAIR, MINOR. Incidental repairs, replacement of parts, and motor service to automobiles, but not including any operation specified under the definition of automobile repair, major.

AUTOMOBILE SERVICE STATION. Any building or premises used for the dispensing or sale of automobile fuels, lubricating oil or grease, tires, batteries, or minor automobile accessories. Services offered may include the installation of tires, batteries, or minor accessories, minor automobile repairs, and greasing or washing of individual automobiles. When sales, services, and repairs as detailed here are offered to the public, the premises will be classified as a public garage. AUTOMOBILE SERVICE STATIONS shall not include the sale or storage of vehicles; shall not include premises offering major automobile repairs, automobile wrecking, or detached car washes.

AUTOMOBILE WASHING (CAR WASH). Any facility that provides an area for washing and cleaning of motor vehicles using water, whether it be automated or self-serve, in exchange for a fee or as part of a service to customers and may include vacuums.

AUTOMOBILE WRECKING. See JUNK YARD.

AWNING. A temporary hood or cover which projects from the wall of a building, and of a type which can be retracted, folded, or collapsed against the face of a supporting building.

BANNERS. Temporary signs or other attention-getting devices used to announce open houses, grand openings, special announcements, sales, or other matters.

BASEMENT. The portion of a building having more than one-half of the clear floor-to-ceiling height below the average level of the adjoining finished grade. A BASEMENT shall be counted as a story when the ceiling of the BASEMENT extends more than five feet above the highest level of the adjoining finished grade; otherwise it shall not be counted as a story.

BENCH SIGNS. A sign which is affixed to a bench, such as at a bus stop.

BILLBOARD. See ADVERTISING SIGN.

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

BOARD. The Zoning Board of Appeals.

BOARDING HOUSE. A building other than a motel or hotel where, for compensation and by prearrangement for definite periods, meals or lodgings are provided for three or more persons, but not to exceed eight persons.

BROADCASTING ANTENNA, RADIO AND TELEVISION. Commercial or public broadcasting towers over 200 feet in height, or more than one tower in each installation of any height, or accessory use non-commercial towers of any height if not located on the same lot or parcel as the principal use.

BUILDABLE AREA. The space remaining on a zoning lot after the minimum setbacks and open space requirements of this chapter are met.

BUILDING. The portion of a structure that consists of a roof and is enclosed so as to afford persons or property protection from the elements, which structure is used or intended for supporting or sheltering any use or occupancy; and when the structure is divided by party walls without openings, each portion of the BUILDING so separated shall be deemed a separate BUILDING.

BUILDING, COMPLETELY ENCLOSED. A building separated on all sides from the adjacent open space or from other buildings or structures by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance and exit doors.

BUILDING, DETACHED. A building surrounded by open space on the same lot as the principal building.

BUILDING FACADE. The area of any exterior elevation of a building extending from grade to the top of the exterior wall and the entire width of the building elevation, including parapets, awnings, canopies, mansards, or other appendages or architectural treatments to the wall. The FACADE does not include flat roof sections of multi-level buildings nor the shingled faces of hip roofs or gable roofs.

BUILDING HEIGHT. The vertical distance measured from curb level or its equivalent, to the highest point of the roof surface on a flat roof, to the deck line of mansard roofs, and to the mean height level between eaves and ridge of gable, hip, and gambol roofs. For buildings set back from the street line, the height of the building shall be measured from the average elevation of the finished grade along the front of the building, provided its setback from the street line is not less than the height of the finished grade above the established curb level.

BUILDING LINE. An imaginary line separating buildable area and required yards.

BUILDING, NON-CONFORMING. Any building or structure which does not comply with all the regulations of this chapter or any amendment thereto governing the zoning district in which the building or structure is located.

BUILDING OFFICIAL. A city official appointed by the City Council to provide for the enforcement of the Building Code.

BUILDING, PRINCIPAL. A non-accessory building in which the primary use of the lot on which it is located is conducted.

BUSINESS. Any establishment, occupation, employment, or enterprise wherein merchandise is manufactured, exhibited, or sold, or which occupies time, attention, labor, and materials, or where services are offered for compensation.

BUSINESS SIGN. Any sign which identifies a business or group of businesses, either retail or wholesale, or any sign which identifies a profession or is used in the identification or promotion of any principal commodity or service, including entertainment, offered or sold upon the premises where the sign is located.

CAMPAIGN SIGN. A temporary sign promoting the candidacy of a person running for a governmental office, or promoting an issue to be voted on at a governmental election.

CANOPY. A projection or extension of a building or structure erected in a manner so as to provide a shelter or cover over the approach to any entrance to a store, building, or place of assembly.

CANOPY SIGN. Any message or identification affixed to a canopy.

CANOPY, VEHICULAR SERVICE. A permanent roof-like structure either attached or detached from a permitted building, designed to provide cover for off-street vehicle service areas, such as gasoline station pump islands, drive-in establishments, truck loading berths, and the like.

CHURCH. A building, together with its accessory buildings, for public worship as the principal use and where the buildings and uses are maintained and controlled by an organized group for public worship.

CITY. The City of Osseo, unless otherwise provided by the context.

CLINIC, MEDICAL. A building in which a group of physicians, dentists, or combination thereof, and professional assistants, are associated for carrying on their profession. The CLINIC may include a dental or medical laboratory, but shall not include in-patient care or operating rooms for major surgery.

COMMERCE, RETAIL SERVICE. An enterprise that involves the offering of a service or entertainment to the general public for compensation.

COMMERCE, RETAIL TRADE. An enterprise that involves the offering of a product to the general public for compensation.

CONDITIONAL USE. A use which, although generally compatible with the basic use classification of a particular zone, should not be permitted to be located as a matter of right in every area included within a zone because of hazards in the use itself or special problems which its proposed location may present.

CONDOMINIUM. A form of individual ownership within a multiple-family structure which entails joint responsibility for maintenance and repairs; each dwelling unit is owned outright, and each occupant owns a share of the land and other property.

CONSTRUCTION SIGN. A sign placed at a construction site identifying the project or the name of the architect, engineer, contractor, financier, or other involved parties.

COUNCIL. The City Council.

CURB LEVEL. The level of the established curb in front of the building measured at the center of the front. Where no curb elevation has been established, the City Engineer shall establish a curb elevation. When a building has frontage on more than one street, the lowest CURB LEVEL as determined above will apply.

DIRECTION SIGN. A sign erected on public or private property which bears the address and/or name of a business, institution, church, or other use or activity, plus directional arrows or information regarding location.

DIRECTORY SIGN. An exterior informational wall sign which identifies the names of businesses served by a common public entrance.

DISTRICT. Refers to a specific zoning district as defined by this chapter.

DISTRICT, ZONING. A portion of the corporate area of this city within which certain uniform regulations and requirements or various combinations thereof apply under the conditions of this chapter.

DUPLEX. A residential structure containing two dwelling units only, completely surrounded by open space.

DWELLING. A building or portion thereof designed or used exclusively for residential occupancy including one-family, two-family, and multiple-family dwelling units; but not including hotels, motels, boarding or rooming houses, recreational vehicles, tents, or cabins.

DWELLING, DETACHED. One which is completely surrounded by open space on the same lot.

DWELLING, MULTIPLE-FAMILY. A single structure specifically constructed and designed for and containing three or more dwelling units, with more than one unit connecting to a common corridor or entrance way or with the dwelling units having two or more contiguous party walls. For example, four-plexes and apartment buildings; but not including hotels, motels, or boarding houses.

DWELLING, ONE-FAMILY. A residential structure containing one dwelling unit only.

DWELLING UNIT. One or more rooms which are arranged, designed, or used exclusively as living quarters for one family or one individual only. Complete single kitchen facilities and individual bathrooms, permanently installed, shall always be included with each DWELLING UNIT.

EAVES. The edge of a roof, usually projecting beyond the walls, the height of which edge is measured from the lowest point thereof to grade.

EFFICIENCY UNIT. A dwelling unit with one primary room which doubles as a living room, dining room, and bedroom.

EROSION. The wearing away of the land surface by the action of natural elements.

ESSENTIAL SERVICES. Underground or overhead gas, electrical, steam, or water transmission or distribution system; collection, communication, supply, or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, or other similar equipment or accessory equipment in conjunction therewith, not including buildings.

FAMILY. One or more persons related by blood, marriage, or adoption, including foster children, all of the members of which have common use and access to all living and eating areas, bathrooms, and food preparation and serving areas and which is based on an intentionally structured relationship providing organization and stability, maintaining a common household in a dwelling unit.

FEEDLOT. An enclosure for the purpose of feeding, breeding, raising, or holding poultry or livestock, not an accessory use incidental to an agricultural operation.

FENCE. A structure, including walls, hedges, or similar barriers, providing enclosure, but not necessarily protection, against the elements, or which provides a visual barrier between adjacent property and the area enclosed.

FLASHING SIGN. A sign which contains rotating, flashing, or intermittent lights, or animation, or exhibits noticeable changes in color, intensity, texture, shape, pattern, or light intensity.

FLOOR AREA. The sum of the gross horizontal areas of the several floors of a building or buildings on a zoning lot measured from the exterior faces of exterior walls or from the center line of party walls separating two buildings. In particular, FLOOR AREA will include:

(1) Basement space (as basement is defined herein);

(2) Attic floor space where the structural headroom exceeds seven and one-half feet;

(3) Interior balconies and mezzanines;

(4) Enclosed porches, but not terraces and breezeways;

(5) Stairwells at each level; and

(6) Accessory structures.

FLOOR AREA, LIVABLE. The same area as defined in the definition of floor area herein, excluding all areas occupied by basements, garages, porches, attics, stairways, and storage, utility, and heating rooms, and other accessory uses.

FLOOR AREA RATIO or F.A.R. The floor area of the building or buildings on a zoning lot divided by the area of the zoning lot, or in the case of planned development, by the net site area. The F.A.R. requirements, as set forth in each zoning district, shall determine the maximum floor area allowable (total floor area of both principal and accessory buildings) in direct ratio to the gross area of the zoning lot.

FREESTANDING SIGN. Any stationary, self-supporting sign not affixed to any other structure and supported by a pole(s). A reader board may be attached to the FREESTANDING SIGN structure, but the reader board shall not exceed 20% of the area containing the sign copy. The reader board shall be included in calculating the allowable sign square foot area as required in the individual district.

FRONT BUILDING FACADE. The side or sides of the building containing the public entrance.

GARAGE, PRIVATE. An attached or detached building or portion of the principal building, including a carport, which is used primarily for storing passenger vehicles and recreational vehicles.

GARAGE, PUBLIC. A place where any or all of the services as set forth in the definition of automobile service station herein are offered to the public, and the services or sales are made directly into or on the motor vehicle.

GOVERNMENTAL SIGN. A sign which is erected by a governmental unit for the purpose of identification and directing or guiding of traffic.

GRADE.

(1) For buildings and structures, the average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.

(2) For signs, the elevation of the ground immediately adjacent to the sign base.

GREENHOUSE. A structure used for the cultivation or protection of flowers, vegetables, and nursery stock.

HOME OCCUPATION. An accessory use of a dwelling unit for gainful employment involving the manufacture, provision, or sale of goods and/or services.

HOME OCCUPATION SIGN. A sign directing attention to a home occupation.

HOSPITAL. An institution providing persons with intensive medical or surgical care and devoted primarily to the diagnosis and treatment of disease or injury, maternity cases, or mental illness.

HOTEL. A building containing eight or more guest rooms in which lodging is provided with or without meals for compensation and which is open to transient or permanent guests or both, and where no provision is made for cooking in any guest room, and where ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge.

IDENTIFICATION SIGN or NAMEPLATE. Any sign which states the name and/or address of the business or occupant of the lot or building where the sign is placed or may be a directory listing the names, addresses, and/or businesses of occupants. IDENTIFICATION SIGNS shall contain no advertisement.

ILLUMINATED SIGN. Any sign which is designed to be or is lighted by an artificial light source either directed upon it or illuminated from an interior source. All ILLUMINATED SIGNS shall have light sources shielded to confine direct illumination to the face area of the sign.

IMPERVIOUS SURFACE. Any structure or surface which interferes to any degree with the direct absorption of water into the ground, including but not limited to roofs, sidewalks, paved driveways and parking areas, patios, tennis courts, swimming pools, or any other surface.

INDUSTRY. An enterprise which involves the production, processing, or storage of materials, goods, or products.

INFORMATION SIGN. Any sign giving information to employees, visitors, or delivery vehicles, but containing no advertising or identification.

INSTITUTIONAL SIGN. A sign and/or reader board which identifies the name and other characteristics of an institutional use located within any zoning district and allowed by this chapter. INSTITUTIONAL SIGNS shall contain no advertisement. Examples: churches, schools, sanitariums, hospitals, government buildings, or nursing homes.

INTEGRAL SIGN. A sign carrying the name of a building, its date of erection, monumental citations, commemorative tablets, and the like, when carved into stone, concrete, or similar material or made of bronze, aluminum, or other permanent type of construction and made an integral part of the structure.

JUNK YARD. An area where used, waste, discarded, or salvaged equipment or materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper, rags, rubber products, bottles, and lumber. A JUNK YARD includes an automobile wrecking or dismantling yard, but does not include uses established in conjunction with a permitted manufacturing process when within an enclosed area or building.

KENNEL. Any structure or premises on which four or more dogs over four months of age are kept for sale, breeding, profit, boarding, and the like.

LANDSCAPE. Any changing, rearranging, or adding to the original vegetation or scenery of a piece of land to produce an aesthetic effect appropriate for the use to which the land is put. It may include reshaping the land by moving the earth, as well as preserving the original vegetation or adding vegetation.

LOADING SPACE. The portion of a lot designed to serve the purpose of loading and unloading all types of vehicles.

LOT. A zoning lot, except as the context shall indicate a lot of record, in which case a LOT is a lot of record.

LOT AREA. The area of a horizontal plane bounded by the front, side, and rear lot lines, measured within the lot boundaries, but not including any area occupied by the waters of a duly recorded lake or river.

LOT, CORNER. A lot situated at the intersection of two streets.

LOT COVERAGE. The area of a zoning lot occupied by the principal building or buildings and accessory structures.

LOT DEPTH. The average horizontal distance between the front and rear lot lines measured within the lot boundaries.

LOT, INTERIOR. A lot other than a corner lot.

LOT LINE, FRONT. The boundary of a lot abutting a street. On a corner lot, the shortest street lot line will be the FRONT LOT LINE.

LOT LINE, REAR. The boundary of a lot which is most distant from and is, or is most nearly, parallel to the front lot line.

LOT LINE, SIDE. Any boundary of a lot which is not a front lot line or a rear lot line.

LOT OF RECORD. A lot which is part of a subdivision, the plat of which has been recorded in the office of the Register of Deeds or Register of Titles prior to adoption of this chapter; or a parcel of land, the deed to which was recorded in the office of Register of Deeds or Register of Titles prior to adoption of this chapter.

LOT, THROUGH. A lot having a pair of opposite lot lines along two more or less parallel public streets. On such a lot, both street lines shall be deemed front lot lines.

LOT WIDTH. The horizontal distance between the side lot lines of a lot measured at the building setback line.

LOT, ZONING. A single tract of land which, at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed, or built upon as a unit under single ownership or control. A ZONING LOT OR LOTS may or may not coincide with a lot of record.

MANUFACTURED HOME. A structure, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or , when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained in it, and which complies with the manufactured home building code established by M.S. § 327.31, Subd. 3, as it may be amended from time to time.

MANUFACTURING. To bring something into being by forming, shaping, combining, or altering materials.

MANUFACTURING, ARTISAN. The production of goods by the use of hand tools, light mechanical equipment, or similar means, occurring solely within an enclosed building. A building containing an artisan manufacturing use must have negligible negative impact on the urban fabric, surrounding properties, water resources, air quality, and/or public health. Such uses include, but are not limited to: production of alcohol including certain breweries and microdistilleries as allowed by city code and state law; woodworking and cabinet shops; ceramic studios; jewelry manufacturing; welding and metal fabricators; upholsterers; food processing; and arts and crafts.

MATERIAL, DURABLE. A hard-surfaced material such as concrete or asphalt, but not including gravel or crushed rock.

MEASURED WALL. The wall or walls comprising the front building facade.

MOBILE HOME. A factory-assembled structure or structures equipped with the necessary service connections and made so as to be readily movable as a unit or units on its (their) own running gear and designed to be used as a dwelling unit without permanent foundation; meaning that the support system is constructed with the intent that the MOBILE HOME placed thereon will be moved from time to time at the convenience of the owner. A manufactured home is not a mobile home.

MODULAR, PRE-FABRICATED. A dwelling unit which is of closed construction and which is made or assembled in manufacturing facilities on or off the building site for assembly and/or installation on the building site. A MANUFACTURED DWELLING UNIT may also mean a building of open construction, made or assembled in manufacturing facilities away from the building site for assembly and/or installation on the building site. This type of structure will be made permanently affixed to the building site, and shall be considered congruous to a one-family dwelling.

MONUMENT SIGN.

(1) A sign which is attached to or supported by a monument structure which bears entirely on the ground, extending horizontally for a minimum of 80% of the entire length of the sign face. The sign base shall be constructed of any one or combination of the following materials: brick, stone, decorative masonry, plastic, aluminum, colored metals, or decay-resistive wood. The base and supporting material shall constitute at least 25% of the total allowable sign square footage. A reader board may be attached to the MONUMENT SIGN but shall not exceed 20% of the area containing the sign copy. The sign copy, reader board, or message shall have a minimum clearance of three feet above grade. The area containing sign copy, including reader board, and the area of the monument structure itself shall be combined for determining the total square footage and height.

(2) A sign attached to a retaining wall shall be considered to be a MONUMENT SIGN provided the message or copy does not exceed the allowable sign area as specified for the applicable zoning district, and all other provisions for a MONUMENT SIGN are met.

MOTEL, MOTOR COURT, or MOTOR HOTEL. An establishment consisting of a group of attached or detached living or sleeping accommodations with bathroom, located on a single zoning lot and designed for use by transient automobile tourists and furnishing customary hotel services.

MOTION SIGN. Any sign which revolves, rotates, has any moving parts, or gives the illusion of motion.

MOTOR VEHICLE. Any passenger vehicle, truck, truck-trailer, motorcycle, or recreational vehicle propelled or drawn by mechanical power.

NON-CONFORMING SIGN. A sign which was lawful at the time it was erected but which does not now conform with the regulations of this chapter; also known as a LEGAL NON-CONFORMING SIGN.

NON-PROFIT ORGANIZATION. A corporation formed under M.S. Ch. 317A, as it may be amended from time to time, or similar statute of another state or governing entity, and which is formed for a purpose not involving pecuniary gain to its shareholders or members and paying no dividends or other pecuniary remuneration, directly or indirectly, to its shareholders or members; or a community or civic group such as the Lions Club, League of Women Voters, or the like.

NOXIOUS MATTER OR MATERIAL. Material which is capable of causing injury to living organisms by chemical reaction, or is capable of causing detrimental effects on the physical or economic well-being of individuals.

NURSING, CONVALESCENT, AND RETIREMENT HOMES. A home for aged, chronically ill, or convalescent persons in which two or more persons not of the immediate family are received, kept, or provided with food, shelter, and care for compensation, but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of disease or injury, maternity cases, or mental illness.

OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood hazard area which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by the water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.

ODOROUS MATTER. Any material or matter that yields an odor which is offensive in any way.

OPEN SPACE. Any open area not covered by structures owned by a person or persons including but not limited to the following uses: required or established yard areas, parking areas, sidewalks, school walks, trails, recreation areas, groundwater recharge areas, flood plain, floodway, flood fringe, erodible slopes, woodland, and soils with severe limitations for development.

PARAPET. The part of any wall or wall-like structure entirely above the roof line.

PARKING SPACE, AUTOMOBILE. A suitably surfaced and permanently maintained area off the public street right-of-way, either within or outside of a building, of sufficient size to store one standard automobile, but in no event less than 180 square feet, exclusive of passageways, driveways, or other means of circulation.

PARTICULATE MATTER. Dust, smoke, or any other form of airborne pollution in the form of minute separate particles.

PARTY WALL. A wall which divides a structure into two independent buildings.

PENNANT. Attention-getting devices, such as streamers, constructed of paper, cloth, plastic, or other materials; excluding banners and flags.

PERFORMANCE STANDARDS. Criteria established to control noise, odor, toxic or noxious matter, vibration, fire and explosive hazards, glare, or heat, generated by or inherent in uses of land and buildings.

PERMANENT SIGN. Any sign which is not a temporary sign.

PERSON. Any individual, firm, partnership, corporation, company, association, joint stock association, or political body; and includes any trustee, receiver, assignee, or other similar representative.

PLANNING COMMISSION. The Planning Commission of the city.

PORTABLE SIGN. A sign so designed as to be movable from one location to another and which is not permanently attached to the ground, sales display device, or structure.

PRODUCT IDENTIFICATION SIGNS. A sign that is not necessary to identify a business and identifies a product or service either sold on or off the premises on which the sign is located.

PROJECTING SIGN. A sign, other than a wall sign, which is affixed to a building and which extends perpendicular from the building wall.

PROPERTY LINES. The lines bounding a zoning lot as defined herein.

PUBLIC ENTRANCE. A passage or opening in a building, which passage or opening is designed primarily to facilitate the ingress or egress of members of the general public who are seeking the goods or services offered therein.

(1) The term members of the general public shall not include supportive service- and maintenance-related personnel.

(2) Factors to be used in determining that a passage or opening is a PUBLIC ENTRANCE and which will be considered as affirming an entrance to be PUBLIC shall include such things as the location and design of the entrance, its role in the city’s determination of the building’s street address, and its use by the Postal Service as a delivery point of mail addressed to the building or the use therein.

PUBLIC UTILITY. A person, firm, or corporation, municipal department, board, or commission duly authorized to furnish and furnishing to the public, under federal, state, or municipal regulations, gas, steam, electricity, sewage disposal, communication, telegraph, transportation, or water.

READER BOARD SIGN. The portion of the sign used for removable or changeable letters and numbers to convey messages.

REAL ESTATE SIGN. A business sign placed upon a property advertising that particular property for sale, for rent, or for lease.

RECREATIONAL VEHICLE. Any type of vehicle, either self-powered or drawn by another vehicle, that is used primarily for purposes of recreation or transportation of recreational vehicles, equipment, and the like, including but not limited to campers, motor homes, travel trailers, snowmobiles, camper trailers, motorcycle trailers, snowmobile trailers, horse trailers, and the like.

ROOF. The outside top covering of a building designed to serve as the principal means of enclosing the building interior from descending outside elements such as, but not limited to, rain, snow, and sunlight.

ROOF LINE. The top of the coping or, where the building has a pitched roof, the intersection of the outside wall with the roof.

ROOF SIGN. Any sign which is erected, constructed, or attached wholly or in part upon or over the roof of a building.

ROTATING SIGN. A sign which revolves or rotates on its axis by mechanical means.

RUMMAGE SALE or GARAGE SALE. An infrequent temporary display and sale by an occupant on his or her premises of personal property, including general household rummage, used clothing, and appliances. The persons conducting the sale shall be residents of the property on which the sale is conducted.

SATELLITE ANTENNA. A structure and all supporting apparatus which is used for receiving satellite signals. If the structure is roof-mounted and exceeds ten feet in height above the highest point of the roof, it is considered a roof-mounted antenna. If the structure is ground-mounted it is considered an accessory structure.

SETBACK.

(1) For signs, the minimum horizontal distance from the closest part of a sign to the property line, or public street easement or right-of-way.

(2) For structures, the minimum horizontal distance between the front, rear, or side line of the building or structure (excluding steps, unroofed porches, and overhangs) and the front, rear, or side lot line, unless specifically designated otherwise.

SHOPPING CENTER. An integrated grouping of commercial stores, under single ownership or control.

SIGN. Any object, device, display, structure, or part thereof, situated outdoors or indoors, which is displayed to attract the attention of the public while on public streets, highways, or walkways to the object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images. SIGNS do not include flags of any nation, state, city, religion, or fraternal or civic organization, merchandise and pictures or models of products or services incorporated in a window display, works of art which in no way identify a product, scoreboards on athletic fields, sound trucks or other moving advertising media while operated on a public right-of-way, official traffic signs or symbols, banners announcing civic celebrations or events of special interest, mounted house numbers under 12 inches in height, mounted nameplates or building address numbers under six square feet in area identifying the occupants or address of a building, or address or public information signs displayed for the convenience of the traveling public, when established by a public agency. SIGNS also do not include murals, color schemes, or facade patterns which by themselves would not convey a message about business or product without other sign elements present.

SIGN, ADVERTISING. A sign which directs attention to a business, service, event, or location not related to the premises where the sign is located.

SIGN AREA. The area measured within the perimeter lines of the sign which bears the advertisement, or in the case of messages, figures, or symbols, including those attached directly to any part of a building. The area which is included in the smallest rectangle which can be made to circumscribe the message, figure, or symbol displayed for the purpose of advertisement. The specified maximum SIGN AREA for a freestanding or monument sign refers to a single facing and not to the aggregate area of both faces. The SIGN AREA for a monument sign shall include the sign structure.

SIGN, BUSINESS. A sign which directs attention to a business or profession conducted, or to a commodity or service sold, offered, or manufactured, or to an entertainment offered, on the premises where the sign is located.

SIGN, MAXIMUM HEIGHT OF. The vertical distance measured from the grade to the top of the sign.

SIGN, MINIMUM HEIGHT OF. The vertical distance measured from the nearest finished grade to the lower limit of the sign.

SIGN STRUCTURE. The supports, uprights, bracing, and framework for a sign, including the sign area.

SITE AREA. The area of a parcel or parcels of land to be developed under the R-2 and R-3 district regulations and to be developed as part of a single development action or a single stage of a staged development.

STREET, ARTERIAL. A street which provides for traffic movement to and from municipalities and the surrounding areas, to and from freeways or expressways and collector streets, and between major parts of an urban area. Intersections are at grade and direct access to abutting property should be avoided.

STREET, COLLECTOR. A street which collects and distributes the internal traffic within an area of a community such as a residential neighborhood or industrial district, and between arterial and local streets. It provides some access to abutting property.

STREET FRONTAGE. The proximity of a parcel of land to one or more streets. An interior lot has one STREET FRONTAGE and a corner lot has two STREET FRONTAGES.

STREET, LOCAL. A street of little or no continuity, designed to provide access to abutting property and leading into collector streets.

STRUCTURAL ALTERATION. Any change, other than incidental repairs, which would prolong or increase the life of the supporting members of a building, such as bearing walls, columns, beams, girders, or foundations.

STRUCTURE. Anything constructed or erected, the use of which requires a location on the ground, or attached to something having a location on the ground, including, but without limiting the generality of the foregoing, advertising signs, billboards, retaining walls, or fences.

SWIMMING POOL. Any outdoor structure, basin, chamber, or tank containing an artificial body of water for swimming, diving, or recreational bathing used in connection with a residential dwelling and having a depth of more than 24 inches at any point and a surface area exceeding 150 square feet.

TEMPORARY SIGN. Any sign which is erected or displayed with or without a permit for a specified period of time (such as banners, portable signs, searchlights, trucks, trailers, window signs, and the like).

TOWER. A pole, spire, or structure, or any combination thereof, to which an antenna is attached, including supporting lines, wires, and braces.

TOWNHOUSE. A one-family dwelling unit horizontally attached to one or more similar dwelling units in a linear arrangement and structured on individual lots. Features of TOWNHOUSES are their private yards and private entrances. A TOWNHOUSE development normally includes common open space for athletic and recreational purposes. TOWNHOUSES by this definition do not include multiple units in a single structure such as triplexes, four-plexes, or apartment buildings.

TOXIC MATTER OR MATERIAL. Those materials which are capable of causing injury to living organisms by chemical means when present in relatively small amounts.

TRAVEL TRAILER. A vehicular portable structure, built on a chassis, designed to be used as a temporary dwelling for travel, recreation, and vacation uses.

TRIANGLE. The triangular area defined as follows: beginning at the point of intersection of the rights-of-way of two intersecting streets or one intersecting street and one alley, thence 20 feet along one right-of-way line, thence diagonally to a point on the other right-of-way line 20 feet from the point of beginning, thence to the point of beginning.

UNLAWFUL SIGN. A sign which exists prior to or after the passage of this chapter or amendments thereto, which does not conform with the regulations of this chapter and is not an existing legal sign and is not a sign erected with a sign permit.

USABLE OPEN SPACE. The required portion of a lot at ground level, unoccupied by buildings, and available to all the occupants of the building. This space of minimum prescribed dimensions shall not be devoted to service driveways or off-street parking space or loading berths but shall be usable for greenery, recreational space, and other leisure activities normally carried on outdoors.

USE. The purpose or activity for which the land or buildings thereon is designed, arranged, or intended, or for which it is occupied or maintained, and shall include any manner of performance of that activity with respect to the performance standards of this chapter.

USE, ACCESSORY. A use subordinate to the principal use or building on the same lot and customarily incidental thereto as well as attached or detached therefrom.

USE, CONDITIONAL. A use, either public or private, which, because of its unique characteristics, cannot be properly classified as a permitted use in a particular district. After due consideration in each case of the impact of that use upon neighboring land, and the public need for the particular use at the particular location, the CONDITIONAL USE may or may not be granted.

USE, INCOMPATIBLE. A use which is contradictory, incongruent, or discordant with certain other uses.

USE, NON-CONFORMING. Any use of land, buildings, or structures lawfully existing at the time of adoption of this chapter which does not comply with all the regulations of this chapter or any amendments hereto governing the zoning district in which the use is located.

USE, PERMITTED. A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and performance standards, if any, of the district or districts.

USE, PRINCIPAL. The main use of land or buildings, as distinguished from a subordinate or accessory use.

UTILITY ENTRANCE. A passage or opening in a building which is not a public entrance as defined herein.

VARIANCE. A modification or variation of the provisions of this chapter as applied to a specific piece of property, except that modification in the allowable uses within a district shall not be considered a VARIANCE.

WALL. The building facade area that defines the front of the building. The front is the continuous line of a building that connects side wall to side wall and faces one public right-of-way. For a multi-tenant building on a corner lot, the front is the continuous line of a building which faces either a public right-of-way or a private road in a planned unit development.

WALL GRAPHICS. A sign which is painted directly on an exterior wall surface.

WALL SIGN. A sign which is affixed to the exterior wall of a building and which is parallel to the building wall. A WALL SIGN does not project more than 12 inches from the surface to which it is attached, nor extend beyond the top of the parapet wall.

WAREHOUSING. The commercial storage of merchandise and personal property.

WHOLESALING. A business engaged in selling to retailers or jobbers rather than consumers.

WINDOW SIGN. A sign affixed to or inside of a window in view of the general public. This does not include merchandise on display.

YARD. An open space on the same zoning lot with a building or structure, which YARD is unoccupied and unobstructed. A YARD extends along a lot line and to a depth or width measured from the lot line specified in the YARD requirements for the zoning district in which the zoning lot is located.

YARD, FRONT. A yard extending along the full width of the front lot line between the side lot lines.

YARD, REAR. A yard extending along the full width of the rear lot line between the side lot lines.

YARD, SIDE. A yard extending along a side lot line from the front yard to the rear yard.

ZONING MAP. The map setting forth the boundaries of the zoning districts of the city, which map is a part of this chapter.

ZONING OFFICER. The Zoning Officer of the city as duly appointed by the City Council.

(1997 Code, § 25.06) (Ord. passed 11-14-1994; Am. Ord. 2005-3, passed 4-11-2005; Am. Ord. 2017-3, passed 9-11-2017)

§ 153.010 SEPARABILITY.

It is hereby declared to be the intention of the City Council that the several provisions of this chapter are separable in accordance with the following.

(A) If any court of competent jurisdiction shall adjudge any provision of this chapter to be invalid, the judgment shall not affect any other provisions of this chapter not specifically included in that judgment.

(B) If any court of competent jurisdiction shall adjudge invalid the application of any provision of this chapter to a particular property, building, or other structure, the judgment shall not affect the application of that provision to any other property, building, or structure not specifically included in that judgment.

(1997 Code, § 25.07) (Ord. passed 11-14-1994; Am. Ord. 2005-3, passed 4-11-2005)

§ 153.020 ZONING DISTRICTS ESTABLISHED.

The following zoning classifications are hereby established within the city:

(A) R-1, one- and two-family residential district;

(B) R-2, multiple-family residential district;

(D) C-2, highway commercial district; and

(E) M, manufacturing and industrial district.

(1997 Code, § 25.07) (Ord. passed 11-14-1994)

§ 153.021 ZONING MAP ESTABLISHED.

The location and boundaries of the districts established by this text are hereby set forth on the zoning map entitled Zoning Map of the city, and is attached hereto as Appendix D.

(1997 Code, § 25.07) (Ord. passed 11-14-1994)

§ 153.022 DISTRICT BOUNDARY INTERPRETATION.

(A) The location and boundaries of each zoning district established by this chapter are as set forth in zoning district sections of this chapter or are shown on the official Zoning Map.

(B) Where uncertainty exists as to the boundaries as shown on the official Zoning Map, the following rules will apply.

(1) Boundaries indicated as approximately following the center line of streets, highways, or alleys shall be construed to follow those center lines.

(2) Boundaries indicated as approximately following platted lot lines shall be construed as following those lot lines.

(3) Boundaries indicated as approximately following city limits boundaries shall be construed as following those city limits boundaries.

(4) Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

(5) Boundaries indicated as parallel to or extensions of features indicated in § 153.131 of this code, regarding non-conforming lots of record, shall be so construed. Distances not specifically indicated on the official Zoning Map shall be determined by the scale of the map.

(6) Where physical or cultural features existing on the ground are at variance with those shown on the official Zoning Map, or in other circumstances not covered by § 153.131 of this code, regarding non-conforming lots of record, the Board of Appeals shall interpret the district boundaries.

(7) Where a district boundary line divides a lot which was in single ownership at the time of passage of this chapter, the Board of Appeals may permit, as a special exemption, the extension of the regulations for either portion of the lot not to exceed 50 feet beyond the district line into the remaining portion of the lot.

(1997 Code, § 25.07) (Ord. passed 11-14-1994)

§ 153.034 PUBLIC INSTITUTION DISTRICT, PI.

(A) Intent. The intent of this district is to provide for public buildings, facilities, and land areas which are owned, controlled, regulated, used or proposed to be used by the city for the purposes of serving the residents and the community members of the city.

(B) Permitted uses.

(1) Municipal buildings and structures, including City Hall, Fire Department, Police Department, City or County Library, Public Services facilities, Community Center, recreation centers, lift stations, ice skating warming houses, water towers, and any other governmental office buildings or facilities;

(2) Public parks, playgrounds and athletic fields or ice skating rinks;

(3) Off-street parking areas, provided they are open to the general public;

(4) Outdoor storage of equipment, landscaping materials, sand/salt materials or other public street improvement materials;

(5) Historical sites;

(6) Cellular telephone or communications towers and/or antennas;

(7) Commercial signage limited to billboards or any other governmental signage; and

(8) Any other uses determined by the city to be the same or similar type uses.

(1) Religious institutions, such as chapels, temples, synagogues, and mosques limited to worship and related social events;

(2) Outdoor recreation areas, such as golf courses, private/public swimming pools, and private community clubs;

(3) Cemeteries or memorial gardens; and

(4) Any other uses determined by the city to be the same or similar type uses.

(Ord. 2014-4, passed 12-8-2014)

§ 153.035 ONE- AND TWO-FAMILY RESIDENTIAL DISTRICT, R-1.

(A) Intent. To recognize fully or partially developed one- and two-family residential areas including supporting public and semi-public facilities, to provide for future development of a similar nature, and to protect the desired low intensity living environment from encroachment by conflicting land use.

(B) Permitted uses.

(1) One- and two-family detached dwellings, including manufactured homes, with an attached or detached private garage;

(2) Customary accessory uses incidental to the permitted residential uses, such as:

(a) Screen houses; and

(b) Private recreational facilities such as swimming pools and tennis courts.

(3) Home occupations;

(4) Licensed day care or residential facilities; and

(5) Essential structures and uses.

(D) Lot requirements and standards. Refer to Appendix A of this chapter.

(1997 Code, § 25.08) (Ord. passed 11-14-1994)

§ 153.036 HIGH-DENSITY RESIDENTIAL DISTRICT, R-2.

(A) Intent. To recognize the demand for apartment, condominium, and multiple-family dwellings; to provide for these apartments upon fairly sizable tracts of land, thereby allowing increased design flexibility and a more compatible development pattern; and to permit these apartments at densities high enough to allow high quality development yet low enough to provide a desirable living environment for residents.

(B) Permitted uses.

(1) Multiple-family dwellings of three or more dwelling units per structure; and

(2) Customary accessory uses incidental to the permitted residential uses such as private garages and private recreational facilities such as swimming pools and tennis courts.

(1) Essential service structures and uses;

(2) Public and semi-public facilities such as churches, schools, and parks of a non-commercial nature;

(3) Nursing, convalescent, and retirement homes; and

(4) Health care facilities, including hospitals and medical and dental clinics.

(D) Lot requirements and standards. Refer to Appendix A of this chapter.

(1997 Code, § 25.08) (Ord. passed 11-14-1994)

§ 153.037 CENTRAL BUSINESS DISTRICT, CBD.

(A) Intent. The intent of this district is to accommodate central business type uses that include joint-use parking areas and business uses primarily oriented to the walking public.

(B) Permitted uses.

(1) Commercial establishments. In order to illustrate the types of establishments which this division is designed to cover, the following examples are set forth. These examples are not meant to illustrate the only establishments intended to be covered:

(a) Retail establishments such as grocery, hardware, drug, clothing, appliances, furniture stores, and restaurants;

(b) Personal services such as laundry, barber, shoe repair, beauty salon, and photography studio;

(d) Finance, insurance, and real estate services;

(e) General commercial office space; and

(f) Repair services such as jewelry, radio, and television repair shops (not auto repair).

(2) Public and semi-public facilities serving all or portions of the city, such as municipal offices, library, and post office;

(3) Apartments, if located above the street level in non-residential structures;

(4) Essential service structures and uses; and

(5) Any other uses determined by the city to be the same or similar type uses.

(C) Conditional uses. Commercial establishments. In order to illustrate the types of establishments which this division is designed to cover, the following examples are set forth. These examples are not meant to illustrate the only establishments intended to be covered:

(1) Essential service structures and uses;

(2) Entertainment and amusement services such as arcades, billiards, bowling alleys, lounges, clubs, and lodges;

(3) Private institutions (e.g., convalescent housing, infirmaries, nurseries, and schools);

(4) Dry cleaning;

(5) Blueprint and photocopying establishments;

(6) Pet shops;

(7) Seasonal businesses;

(8) Commercial businesses such as on- or off-sale liquor establishments (taverns, pubs) and restaurants intending to sell or serve liquor as part of regular business;

(9) Artisan manufacturing businesses; and

(10) Any other uses determined by the city to be the same or similar type uses.

(D) Lot requirements and standards. Refer to Appendix A of this chapter.

(1997 Code, § 25.08) (Ord. passed 11-14-1994; Am. Ord. 2005-3, passed 4-11-2005; Am. Ord. 2010-3, passed 6-28-2010; Am. Ord. 2017-3, passed 9-11-2017)

§ 153.038 HIGHWAY COMMERCIAL DISTRICT, C-2.

(A) Highway Commercial District, C-2 North.

(1) Intent. The intent of this district is to accommodate service type business uses primarily oriented to the driving public with needed parking facilities provided on site by the owner.

(2) Permitted uses. Commercial establishments. In order to illustrate the types of establishments which this division is designed to cover, the following examples are set forth. These examples are not meant to illustrate the only establishments intended to be covered:

(a) Uses permitted within the central business district;

(b) Auto accessory stores; and

(3) Conditional uses. Commercial establishments. In order to illustrate the types of establishments which this division is designed to cover, the following examples are set forth. These examples are not meant to illustrate the only establishments intended to be covered:

(a) Conditional uses permitted in the CBD;

(b) Major auto service stations that include facilities for chassis and gear lubricating, and car washing;

(c) Garages for the storage and repair of vehicles including body repair and painting, but not including vehicle wrecking yards;

(d) Live bait stores;

(e) Outdoor motor vehicle sales, recreational vehicle sales, truck sales, and motorcycle sales, which meet all of the following requirements:

1. Minimum lot size of one acre;

2. Minimum building size must be at least 10% of lot size;

3. Business must have own building and property;

4. Area used for sales must be separate and in addition to off-street parking area; and

5. All vehicle repair and maintenance must take place within a completely enclosed building. Repaired vehicles or vehicles waiting to be repaired shall be considered storage and must be within a screened or enclosed area.

(f) Indoor motor vehicle, recreational vehicle, truck and motorcycle sales;

(g) Mortuaries;

(h) Drive in businesses, auto repair and service, which meet the following requirement:

1. Minimum lot size of .5 acre;

(i) Automobile detailing and/or washing; and

(j) Any other uses determined by the city to be the same or similar type uses.

(4) Lot requirements and standards. Refer to Appendix A of this chapter.

(B) Highway Commercial District, C-2 South.

(1) Intent. The intent of this district is to accommodate service type business uses primarily oriented to the driving public with needed parking facilities provided on site by the owner.

(a) Uses permitted within the central business district;

(b) Auto accessory stores; and

(a) Conditional uses permitted in the CBD;

(b) Major auto service stations that include facilities for chassis and gear lubricating, and car washing;

(c) Garages for the storage and repair of vehicles including body repair and painting, but not including vehicle wrecking yards;

(d) Live bait stores;

(e) Outdoor motor vehicle sales, recreational vehicle sales, truck sales, and motorcycle sales, which meet all of the following requirements:

1. Minimum lot size of one acre;

2. Minimum building size must be at least 10% of lot size;

3. Business must have own building and property;

4. Area used for sales must be separate and in addition to off-street parking area; and

(f) Indoor motor vehicle, recreational vehicle, truck, and motorcycle sales;

(g) Mortuaries;

(h) Drive in businesses, auto repair and service, which meet the following requirement:

1. Minimum lot size of .5 acre;

(i) Automobile detailing and/or washing;

(j) Warehousing and shipping of warehoused goods; and

(k) Any other uses determined by the city to be the same or similar type uses.

(4) Lot requirements and standards. Refer to Appendix A of this chapter.

(1997 Code, §25.08) (Ord. passed 11-14-1994; Am. Ord. 2005-3, passed 4-11-2005; Am. Ord. 2008-3, passed 2-11-2008; Am. Ord. 2010-3, passed 6-28-2010; Am. Ord. 2014-1, passed 2-10-2014)

§ 153.039 MANUFACTURING AND INDUSTRIAL DISTRICT, M.

(A) Intent. The intent of this district is to provide land in proximity to major thoroughfares for the development of certain manufacturing and industrial activities that will strengthen the local employment opportunity and tax base in the city.

(B) Permitted uses. Manufacturing and industrial establishments. In order to illustrate the types of establishments which this division is designed to cover, the following examples are set forth. These examples are not meant to illustrate the only establishments intended to be covered:

(1) Uses permitted within the C-2, highway commercial district;

(2) Fabricating, manufacturing, production, processing, and storage of material goods and products, subject to the performance standards set forth in § 153.050 of this code and as set forth in the rules and regulations of the Minnesota Pollution Control Agency;

(3) Motor freight terminals;

(4) Research, electrical and metallurgical, but not chemical;

(5) Public uses and public utility facilities; and

(6) Any other uses determined by the city to be the same or similar type uses.

(1) Conditional uses permitted within the C-2, highway commercial district, with the exception of § 153.038(C)(5) motor vehicle, recreational vehicle, truck, and motorcycle sales;

(2) Manufacturing and sale of concrete products;

(3) Manufacturing of miscellaneous building materials (such as, prefabricated housing, wallboard, partitions, and panels);

(4) Metal fabrication;

(5) Storage of the following:

(a) Coal and gas; or

(b) Auto wrecking, junk, and salvage.

(6) Sexually oriented businesses;

(7) Uses not specifically set forth herein which in the opinion of the City Council would be compatible with the area in which located and which would not constitute a public nuisance, and which would not materially affect sewer capacity.

(D) Lot requirements and standards. Refer to Appendix A of this chapter.

(1997 Code, § 25.08) (Ord. passed 11-14-1994; Am. Ord. 2006-4, passed 5-8-2006; Am. Ord. 2008-3, passed 2-11-2008; Am. Ord. 2010-3, passed 6-28-2010)

§ 153.040 PROVIDING FOR A MORATORIUM ON GRANTING CONDITIONAL USE PERMITS FOR A USE ASSOCIATED WITH AUTOMOTIVE REPAIR OR OUTDOOR STORAGE OR SALES OF RECREATIONAL VEHICLES OR TRAILERS, TRUCKS OR AUTOMOBILES IN THE HIGHWAY COMMERCIAL DISTRICT (C-2) AND IN THE MANUFACTURING AND INDUSTRIAL DISTRICT (M).

(A) Authority. Pursuant to M.S. § 462.355, Subd. 4, the city is authorized to establish interim ordinances to regulate, restrict or prohibit any use or development in all or part of the city while the city is conducting studies, or has authorized a study to be conducted, or has scheduled a hearing to consider adoption or amendment of the comprehensive plan or official zoning controls. In furtherance of this statutory authority, the city has adopted Chapter 153, the zoning ordinance, including § 153.152 governing amendment of the zoning ordinance. The city declares that this interim section is adopted pursuant to M.S. § 462.355, Subd. 4, and the applicable provisions of Osseo Code of Ordinances, Chapter 153.

(B) Findings and purpose.

(1) The City Council is concerned about the effects of conditional uses in the Highway Commercial District (C-2) and in the Manufacturing and Industrial District (M), especially as certain conditional uses are incompatible with the design and use of permitted uses in these districts and may detract from the desirability of these districts as places to establish businesses that are permitted uses in these districts. The City Council is also concerned that certain conditional uses may negatively affect the elimination of blighted properties. The City Council is also concerned that certain conditional uses may negatively impact adjoining residential districts by the creation or allowing of night lighting, noise and outside storage of vehicles and other business property.

(2) The City Council is currently studying a master plan for redevelopment in the city and is concurrently studying changes to the comprehensive plan. The City Council is interested in promoting the economic vitality of the Highway Commercial District and the Manufacturing and Industrial District. Several sites are currently available for new businesses within the study area. The City Council is concerned that new conditional uses in these districts could be in conflict with changes to the comprehensive plan and could negatively affect existing and future commercial development in these districts.

(3) As a result of the important land use and zoning issues cited above, the city, through its Planning Commission, will conduct studies to consider possible amendments to the comprehensive plan or official zoning controls to address these issues. The City Council finds that this interim section should be adopted to protect the planning process and the public health, safety, aesthetics, economic viability and general welfare of the city.

(C) Zoning study. The Highway Commercial District (C-2) and the Manufacturing and Industrial District (M), as shown on the City of Osseo Zoning Map (§ 153.021, Appendix D), is hereby declared to be an interim zoning study area with respect to any uses other than those currently listed as permitted uses in those respective zoning districts. The Planning Commission is directed to commence a planning study of the effects of certain uses in these districts and to propose such amendments to the comprehensive plan or zoning controls related to uses that the Planning Commission deems advisable.

(D) Restrictions. For a period of one year from the effective date of this section, no approval of any conditional use permit for a use associated with automotive repair or outdoor storage or sales of recreational vehicles or trailers, trucks, or automobiles shall be granted for any property in the Highway Commercial District (C-2) or the Manufacturing and Industrial District (M), except as may be granted based upon hardship. The City Council specifically reserves the right to extend this section for such additional periods as are necessary to complete the planning study as provided by state law.

(E) Hardship. In a case of hardship, any person having a legal or equitable interest in land and aggrieved by the provisions of this interim section may apply to the City Council for a waiver of all or a portion of the applicable restrictions as provided herein. A waiver may be granted where the City Council finds substantial hardship caused by the restrictions and finds that a waiver will not unduly affect the integrity of the planning process or the purposes for which the interim section is enacted.

(Ord. 2006-7, passed 12-11-2006)

§ 153.041 PROVIDING FOR A MORATORIUM ON GRANTING CONDITIONAL USE PERMITS FOR USES IN THE CBD, CENTRAL BUSINESS DISTRICT ASSOCIATED WITH: DRIVE-IN BUSINESSES; MINOR AUTO SERVICE STATIONS FOR RETAIL SALE AND SERVICE; MORTUARIES; AND DRY CLEANING, LAUNDRY, LINEN TOWELS, DIAPER, AND SIMILAR SUPPLY SERVICES.

(A) Authority. Pursuant to M.S. § 462.355, Subd. 4, as may be amended from time to time, the City of Osseo is authorized to establish interim ordinances to regulate, restrict or prohibit any use or development in all or part of the city while the city is conducting studies, or has authorized a study to be conducted, or has scheduled a hearing to consider adoption or amendment of the comprehensive plan or official zoning controls. In furtherance of this statutory authority, the City of Osseo has adopted Chapter 153 of its Code of Ordinances, the zoning ordinance, including § 153.152 governing amendment of the zoning ordinance. The City of Osseo declares that this interim ordinance is adopted pursuant to M.S. § 462.355, Subd. 4, as may be amended from time to time, and the applicable provisions of Osseo Code of Ordinances, Chapter 153.

(B) Findings and purpose.

(1) The City Council is concerned about the effects of certain conditional uses in the Central Business District (CBD). The city forwarded its draft 2030 Comprehensive Plan Update to the Metropolitan Council by December 31, 2008, per M.S. § 473.864, Subd. 2, as may be amended from time to time. On April 8, 2009, the Metropolitan Council officially recommended that the city put its plan into effect. Now the city will need to officially adopt the 2030 Comprehensive Plan update and has nine months to make necessary zoning amendments in order to ensure there are no conflicts between the existing zoning ordinance and the 2030 Comprehensive Plan Update. As such, the city will be revising its zoning ordinance.

(2) The 2030 Comprehensive Plan Update guides for mixed-use and pedestrian-oriented development in the CBD area. The city's existing zoning ordinance allows for several conditionally permitted uses that are automobile-oriented and thus appear inconsistent with the future land use of the area and also the future zoning of the area. Per § 153.037, these conditionally permitted uses are: drive-in businesses; minor auto service stations for retail sale and service; mortuaries; and dry cleaning, laundry, linen towels, diaper, and similar supply services.

(C) Zoning study. Above and beyond the general zoning amendments that will be made over the next nine months, the CBD, Central Business District as shown on the City of Osseo Zoning Map (§ 153.021, Appendix D), is hereby declared to be an interim zoning study area with respect to automobile-oriented businesses. The Planning Commission is directed to commence a planning study of the effects of certain uses in these districts and to propose such amendments to the zoning ordinance related to uses that the Planning Commission deems advisable.

(D) Restrictions. For a period of one year from the effective date of this section, no approval of any conditional use permit for a use associated with drive-in businesses; minor auto service stations for retail sale and service; mortuaries; and dry cleaning, laundry, linen towels, diaper, and similar supply services shall be granted for any property in the CBD, Central Business District, except as may be granted based upon hardship. The City Council specifically reserves the right to extend this section for such additional periods as are necessary to complete the planning study as provided by state law.

(Ord. 2009-2, passed 5-11-2009)

§ 153.042 EDGE MIXED-USE RESIDENTIAL DISTRICT, EMX.

(A) Intent. The intent of this district is to accommodate uses that are predominantly residential in nature and mixed-use buildings with neighborhood-serving retail, entertainment, civic, institutional, and office uses in key ground-floor locations and residential uses between and above the nonresidential space. The ground level should be pedestrian-oriented to promote the health and well-being of residents by encouraging physical activity, alternative transportation, and social interaction. Development in the district can serve as a transition between commercial areas and nearby neighborhoods.

(B) Permitted uses. In order to illustrate the types of uses which this section is designed to cover, the following examples are set forth. These examples are not meant to illustrate the only uses intended to be covered:

(1) (a) Multi-family residential uses and limited commercial uses within mixed use buildings.

(b) Residential uses in this district shall have a density of 20-40 units per acre. Higher densities may be considered when, in the discretion of the City Council, the development proposal provides a compelling public benefit and/or advances the land use or housing objectives of the comprehensive plan.

(2) All permitted uses in the Central Business District (CBD), provided that such uses are combined with other principal or conditional uses when within a mixed-use building, and that the gross floor area occupied by any such single use shall not exceed the gross floor area of the ground floor.

(3) All permitted uses in the High-Density Residential District (R-2).

(C) Conditional uses; commercial uses. In order to illustrate the types of uses which this section is designed to cover, the following examples are set forth. These examples are not meant to illustrate the only uses intended to be covered:

(1) Permitted uses in the Central Business District (CBD) occupying more than the gross floor area of the ground floor when within a mixed-use building.

(2) Conditional uses in the Central Business District (CBD), with the exception of commercial businesses under § 153.037(C)(8) (businesses intending to sell or serve liquor as part of regular business) and artisan manufacturing businesses under § 153.037(C)(9).

(D) Lot requirements and standards. Refer to Appendix A of this chapter.

(E) Building performance standards. Development shall be substantially compliant with the Architectural Design Guidelines for Business Districts, copies of which are available at City Hall, regarding height, setbacks/building siting, fenestration, rhythm/continuity, materials, detailing, lighting, rear entrances, and parking. The city will determine substantial compliance with the building performance standards as part of the site and building plan approval process as set forth in § 153.153 of this Code.

(F) Site performance standards.

(1) Open space. When public open space is provided on site in a manner consistent with that outlined in the Comprehensive Plan, a height bonus may be considered upon approval of the City Council. The intent of the bonus is to encourage the provision of public open space and amenities.

(2) Fencing. Requirements shall be the same as for the R-2 District.

(3) Landscaping and outdoor storage and screening. Requirements shall be the same as for the Central Business District.

(4) Off-street vehicular parking shall be provided in accordance with Appendix B: Off-Street Parking Space Requirements, with the following exceptions:

(a) One off-street parking space must be provided for each dwelling unit.

(b) No off-street parking is required for non-residential uses in the district unless such uses exceed 3,000 square feet of gross floor area in which case off-street parking must be provided for the floor area in excess of 3,000 square feet.

(c) Off-street parking spaces must be located to the rear of the principal building or otherwise screened so as to not be visible from public streets or residential zoning districts.

(5) Bicycle parking.

(a) Applicability. Bicycle parking shall be provided for all new commercial, industrial, community service use, and multifamily residential development [in the EMX District].

(b) Quantity of spaces.

1. The quantity of required bicycle parking spaces shall be as described in this division. In no case shall fewer than two spaces be required.

a. Unless otherwise specified, the number of bicycle parking spaces shall be at least 10% of the minimum required motor vehicle parking for the use, up to 30 bicycle parking spaces.

b. Multifamily residential development with four or more units shall provide one space per four units.

2. Covered or enclosed bicycle parking. A minimum of 50% of the bicycle spaces shall be covered and/or enclosed (in lockers or a secure room) in any of the following situations:

a. When 10% or more of automobile parking is covered.

b. If more than ten bicycle parking spaces are required.

c. Multifamily residential development with four or more units.

1. Each required bicycle parking space must be accessible without moving another bicycle and its placement shall not result in a bicycle obstructing a required walkway.

2. Bicycle racks shall be permanently installed to the manufacturer's specifications, including the minimum recommended distance from other structures.

3. Securely anchored to a hard, durable surface.

4. Located within 50 feet of the main building entrance.

5. Designed to provide direct access to a public right-of-way.

6. Dispersed for multiple entrances.

7. In a location that is visible to building occupants or from the main parking area.

8. Designed not to impede pedestrians along sidewalks or public rights-of-way.

9. Separated from motor vehicle parking areas by curbing or other similar physical barriers.

(d) To the extent feasible, property owners are encouraged to conform to the Association of Pedestrian and Bicycle Professionals (APBP) Guidelines, copies of which are available at City Hall.

(e) The public right-of-way may be utilized for bicycle parking when parking cannot be reasonably accommodated on the site and the location is convenient to the building's main entrance. The bicycle parking area in the right-of-way when bicycles are parked must leave a clear, unobstructed four-foot width of sidewalk if present and be approved by the Public Works Director. A right-of-way permit is required.

(f) Alternative compliance. The city may approve alternative compliance with the required bicycle parking standards, which may include, but need not be limited to, a reduction or deviation in the number, type, or location of the required bicycle parking. Considerations used in the determination to grant or deny alternative compliance may include, but are not limited to, existing site constraints, proximity to existing bicycle parking, and the nature of the proposed building or use.

(Ord. 2021-1, passed 4-12-2021)

§ 153.050 SPECIAL REGULATIONS; PERFORMANCE STANDARDS.

Every use permitted by this chapter shall be so established and maintained as to comply with the provisions of the following performance standards.

(A) Residual features. No activity or operation shall be established or maintained which by reason of its nature or manner of operation will cause the emission of noise, odor, toxic or noxious fumes, gases, smoke, dust, and particulate matter in concentrations so as to be detrimental to or endanger the public health, welfare, comfort, and safety or cause injury to property or business.

(B) Glare. Direct or reflected glare, such as from floodlights, spotlights, or high temperature processes, and as differentiated from general illumination, shall not be visible beyond the site of origin at any property line. Any lighting used for exterior illumination (including off-street parking areas) shall be directed away from adjacent properties.

(C) Vibration. No activity shall at any time cause earth vibrations perceptible beyond the limits of the site on which the use is located. Vibrations created during the process of construction are exempt from this standard.

(D) Explosives. Any use requiring the storage, utilization, or manufacturing of products which should decompose by detonation shall be located not less than 400 feet from any residential district. This standard shall not apply to the storage or usage of liquefied petroleum or natural gas for normal residential or commercial purposes.

(E) Waste material. In commercial or industrial districts, without first having received a permit to do so from the city, liquid wastes containing any organic or toxic matter shall not be washed into the public sanitary sewer system or storm sewer system. If this permit is not granted, a method of disposal shall be devised which will not require continuous land acquisition for permanent operation and will not cause a detrimental effect to adjacent land. Should the waste be of solid form rather than fluid, it shall be stored within a completely enclosed structure or contained in a closed container designed for that purpose. Such a waste storage structure or container shall be so located and fenced as to be removed from public view. In all districts, all waste material, debris, refuse, garbage, and materials not currently in use for construction or otherwise regulated herein, shall be kept in an enclosed building or property and contained in a closed container designed for that purpose. The owner of vacant land shall be responsible for keeping that vacant land free of waste material and noxious weeds.

(F) Radiation and electrical emissions. No activities shall be permitted that emit dangerous radioactivity beyond enclosed areas. There shall be no electrical disturbance (except from domestic household appliances) adversely affecting the operation at any point of any equipment including but not limited to radio and television reception other than that of the creator of the disturbance.

(G) Traffic control. The traffic generated by any use shall be channeled and controlled in a manner that will avoid congestion on public streets, safety hazards, and excessive traffic through residential areas. Traffic into and out of all commercial and industrial uses and areas shall in all cases be forward moving with no backing onto streets or pedestrian ways. No access drive to any lot shall be located within 30 feet of any two intersecting street right-of-way lines.

(H) Land slope. No building or structure shall be constructed on slopes of 18% or more in grade.

(1997 Code, § 25.08) (Ord. passed 11-14-1994) Penalty, see § 10.99

§ 153.051 LAND ALTERATION; EROSION CONTROL.

(A) Land alteration restricted; exceptions. Land alteration is the process of changing the existing landscape by excavating, filling, or grading. Subject to the exceptions set forth below, no land shall be altered, excavated, filled, or graded and no vegetation shall be removed without first obtaining a permit from the city. The following exceptions shall be allowed:

(1) A fill less than one foot in depth and placed on natural terrain with a slope flatter than five horizontal to one vertical, or less than three feet in depth, not intended to support structures, which does not exceed 50 cubic yards and does not obstruct a drainage course; and other exceptions as are listed the State Building Code;

(2) Construction of buildings for which a permit has been applied for and issued, provided the contemplated excavation or filling operation was sufficiently described at the time of building permit application;

(3) Excavations or fills by state, county, or city authorities in connection with the construction or maintenance of roads, highways, parks, or utilities or on slope or utility easements, provided the activity is conducted within public rights-of-way or easements;

(4) Curb cuts, utility hook-ups, or street openings for which another permit is required from the city; or

(5) Grading plans as approved of as part of plat approvals.

(B) Requirements. Issuance of a grading permit shall be made subject to the following minimum requirements, and other requirements as the City Council may specify to protect the public interest:

(1) Setback from adjacent property. All operations shall be conducted within the property lines. Grading that extends over the property lines shall require easements from adjacent property owners. Grading within the rights-of-way shall be by city permission;

(2) Excavation. It shall be unlawful for any person to dig and leave open, unfenced, unbarricaded, or uncovered, any pit, quarry, hole, or excavation, including basements, wells, septic tanks, or cesspools;

(3) Restoration. Upon completion of excavation or filling operations, the disturbed area shall be restored with topsoil or other approved cover material and shall be reseeded to establish approved vegetation;

(4) Finished grades. Finished grades shall not adversely affect adjacent properties;

(5) Drainage. Drainage facilities shall be provided to effectively divert or convey storm water runoff and follow the requirements of § 153.061;

(6) Fire, rodent, wind, and hauling control. Provisions for effectively controlling fire, rodents, and dispersal of material by wind or by hauling to and from the site, and for general maintenance of the site shall be made; and

(7) Permit period. The excavation or filling permit shall run for six months unless a lesser or greater period is requested and approved by the City Council.

(1) Criteria. Erosion and sediment control plans shall comply with the following criteria:

(a) Before a construction activity begins where soil will be disturbed, that requires a permit, an erosion control plan shall be submitted to the city for approval.

(b) All development shall conform to the natural site topography and soil conditions to control runoff in order to create the best potential for preventing soil erosion.

(c) All erosion and sediment control measures shall be installed prior to land disturbance activities, and shall not be removed without city approval. The developer or land owner is responsible for removal and disposal of erosion control devices.

(d) Land disturbance activities shall be phased when possible to minimize the amount of soil exposed to erosion at any one time.

(e) Erosion and sediment control measures shall be consistent with approved best management practices and shall be sufficient to retain sediment on-site.

(f) All areas disturbed by excavation and backfilling operations, shall have the turf re-established after the completion of the work in that area. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention.

(g) At the close of the construction season, the entire site must be stabilized, use a heavy mulch layer, or another method that does not require germination to control erosion.

(2) Clean-up. The developer or land owner shall maintain a neat and orderly site and daily clean, on and off site, dirt and debris, including all blowables, from the street and the surrounding area which has resulted from construction work by the developer or land owner, its agents or assigns.

(3) Maintenance. The developer or land owner shall be responsible for proper installation, operation, and maintenance of all stormwater pollution controls and soil stabilization measures in conformance with approved best management practices. The developer or land owner is responsible for the operation and maintenance of temporary erosion prevention and sediment control best management practices for the duration of the construction work at the site.

(4) Notification. If a construction site or buildable lot is sold, the owner is required to notify the buyer of the erosion control, clean-up, and landscaping requirements.

(5) Landscaping. The developer shall provide for the installation of landscaping in accordance with the landscape plan approved by the city. The developer shall sod the drainage swales. All trees, grass, and sod shall be warranted to be alive, or of good quality and disease-free at installation. All trees shall be warranted for 12 months after planting.

(6) Noncompliance. If the developer or land owner does not comply with the erosion control plan the city may taken action as it deems appropriate to control erosion at the developer’s or land owner’s expense. The city will endeavor to notify the developer or land owner in advance of any action, but failure of the city to do so will not affect the developer’s or land owner’s and city’s rights and obligations hereunder.

(7) Additional rules apply. During construction and until permanent cover is established, any land alteration that exceeds an area of 43,560 square feet (one acre) shall require compliance with the rules and procedures of the Watershed Management Commission having jurisdiction.

(1997 Code, § 25.08) (Ord. passed 11-14-1994; Am. Ord. 2012-8, passed 5-29-2012) Penalty, see § 10.99

§ 153.052 TREE REMOVAL REGULATIONS.

(A) Purpose. It is the intent and desire of the city to protect, preserve, and enhance the natural environment and beauty of the city by encouraging the resourceful and prudent development of wooded areas, and with respect to specific site development to retain, as far as practical, substantial tree stands which can be incorporated into the development. No clear cutting of woodland areas shall be permitted.

(B) Tree inventory and landscape plan required.

(1) The developer of any property with wooded areas shall complete a tree inventory survey showing all significant trees with their respective locations on the site along with the species names and condition of trees.

(2) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

SIGNIFICANT TREE. A deciduous tree that is 12 inches or larger in diameter, or a coniferous tree seven inches or larger in diameter.

(C) Replacement guidelines. Tree removal for construction of public and or private improvements shall be on a proportionate basis. The proportion of tree replacement shall be 50% replacement per caliper inches lost of all significant trees removed from the development or lot in question.

(1) Once the amount of tree replacement has been determined, the owner will be required to submit a planting plan detailing the location, type, and size of trees to be replaced. The minimum size of trees which shall be given credit for tree replacement are as follows:

(a) Deciduous trees: two and one-half inches in diameter as measured six inches above ground; and

(b) Coniferous trees: four feet in height.

(2) Trees designated for replacement shall be of similar variety to trees which are removed.

(D) Performance bond. The city shall require the owner to provide a performance bond in the form of cash, corporation surety bond, approved letter of credit, or other surety satisfactory to the city to guarantee that the required trees to be replaced are done according to this chapter. The performance bond shall be furnished by the developer prior to obtaining a building permit that is equal to the amount of the required landscaping to be installed. The performance bond shall be held by the city and must cover one calendar year subsequent to the installation of the landscaping and must be conditioned upon complete and satisfactory implementation of the approved landscape plan.

(1997 Code, § 25.08) (Ord. passed 11-14-1994) Penalty, see § 10.99

§ 153.053 BUILDING MATERIAL REGULATIONS.

(A) Purpose. The purpose of this section is to assure that buildings in commercial and industrial areas of the city will be of high quality in both visual and functional terms. To that end, this section identifies permitted building materials which are durable and long-lasting and which generally present a more attractive visual appearance than less durable materials.

(B) Application. The provisions of this section shall apply to all new structures including additions or remodeling and to all new developments within all zoned districts within the city.

(C) Exterior elevation. Exterior elevation drawings of the proposed structure must be submitted which will accurately indicate the height, size, design, and appearance of all elevations of the proposed structure. A description of the construction materials to be used must also be submitted.

(D) Architectural design. The exterior architectural appearance of the proposed structure shall not be so at variance with the exterior architectural appearance of existing structures within the immediate area, or with the intended character of the applicable zoning districts, taking into consideration building materials, size, shape, and heights, so as to cause an adverse impact upon property values in the immediate area, or the city as a whole, or adversely affect the public health, safety, and general welfare of the portion of the city in which the property is located or the city as a whole. All additions or remodeling shall be compatible in scale, material, and massing.

(E) Permitted materials. Structural systems of all buildings shall be as required by the State Building Code.

(1) Exterior building materials shall not be so at variance with the exterior materials of existing structures within the immediate area or the city as a whole as to adversely impact the property values in the affected area or the city as a whole, or adversely affect the public health, safety, and general welfare.

(2) Exterior building finishes shall consist of materials comparable in grade and quality to the following:

(a) Brick;

(b) Natural stone;

(c) Precast concrete units and concrete block, provided that surfaces are molded, serrated, or treated with a textured material in order to give the wall surface a three-dimensional character;

(d) Wood, provided surfaces are finished for exterior use and only woods of proven exterior durability are used, such as cedar, redwood, and cypress;

(e) Fiberglass and aluminum (non-structural, non-load bearing), provided these panels are factory-fabricated and finished with a permanent durable non-fade surface and their fasteners are of a corrosion-resistant design; and provided further that no more than one-third of the wall surface abutting a public street, or adjacent to a residential or public area, consists of this type of panels. The requirement of no more than one-third of the wall surface being covered by the aforementioned materials may be permitted if it can be shown that the building is screened by other means such as berming, plantings, or other proposals that may be submitted by the builder; or

(f) Glass curtain wall panels.

(F) Prohibited materials.

(1) Face materials which rapidly deteriorate or become unsightly, such as galvanized metal, unfinished structural clay tile, and metal panels not factory finished with a permanent surface;

(2) Buildings comprised exclusively of metal;

(3) (a) Pole buildings, defined as follows.

(b) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

POLE BUILDING. Any building using wood or metal poles as a principal structural support where those supports are not affixed to a floor slab but inserted directly into the ground to achieve alignment and bearing capability.

(4) Sheet metal, plastic, or fiberglass siding, unless that siding is a component of a factory fabricated and finished panel.

(1997 Code, § 25.08) (Ord. passed 11-14-1994) Penalty, see § 10.99

§ 153.054 OUTSIDE STORAGE AND SCREENING.

All material and equipment shall be stored within a building or fully screened so as to not be visible from adjoining properties. Any such screening method, whether a physical structure or landscaping, shall reduce visibility in a manner that restricts vision of the object being screened. Physical structures, such as fences, shall be constructed in a style that is architecturally compatible with the primary structure. All screening methods shall be approved by the Zoning Official. Screening is not required in the following instances:

(A) Construction and landscaping materials and equipment temporarily being used on the premises;

(B) Agricultural equipment and materials if these are being used or intended for use on the premises;

(C) Off-street parking facilities, except as otherwise herein regulated, and except in residential districts where any off-street parking area containing over six spaces may be required to be screened; and

(D) In commercial districts (CBD and C-2), merchandise of the type customarily displayed outdoors for retail sale may be so displayed beyond the principal structure without screening, provided that in no event shall the unscreened outside display area:

(1) Exceed 5% of the ground floor area of the principal structure;

(2) Impede normal pedestrian or vehicular traffic; and

(3) CBD businesses may utilize public right-of-way for outside display areas as long as it adheres to all requirements of this section, and:

(a) Display areas must be approved by the Zoning Official; and

(b) Merchandise display is only allowed during business hours.

(1997 Code, § 25.08) (Ord. passed 11-14-1994; Am. Ord. 2008-3, passed 2-11-2008) Penalty, see § 10.99

§ 153.055 CONSTRUCTION STANDARDS.

(A) All structures permitted in all zoning districts (R-1, R-2, CBD, C-2, and M) shall be constructed in accordance with the State Building Code and shall be constructed with a floating four-inch, or greater, concrete slab floor throughout the structure or with concrete frost footings and foundations, as specified by the State Building Code, along the entire perimeter of the structure. All structures in the zoning districts set forth shall possess wall and ceiling joist construction consisting of framing materials of at least one and one-half inch by three and one-half inch dimensions. Pole-type construction, with or without frost footings and foundations and with or without metal exterior walls or metal roofs, shall not be permitted.

(B) Structures to be utilized for one-family inhabitation in allowable districts, as set forth by this chapter, shall have a minimum overall building width of 24 feet and shall have a minimum roof slope ratio of 4:12 (four-inch rise to 12-inch run).

(C) All other structures to be built in any zoning district shall comply with all requirements as described in this chapter and the State Building Code.

(1997 Code, § 25.08) (Ord. passed 11-14-1994) Penalty, see § 10.99

§ 153.056 ACCESSORY BUILDINGS AND STRUCTURES.

(A) Residential districts. Accessory buildings and structures in residential districts shall be subject to the following regulations.

(1) Accessory buildings and structures attached to or part of the principal building shall maintain the same setbacks as required for the principal building.

(2) Except for private garages, no accessory building shall exceed ten feet in height or 200 square feet in floor area, nor shall accessory structures exceed ten feet in height or 150 square feet in floor area in R-1 and R-2 zoning districts, as set forth in the table below.

(1997 Code, § 25.08)

Accessory Structures
Zoning District	Maximum Height, in Feet	Maximum Floor Area, in Square Feet
R-1 & R-2	10	150
Others	15	200

(1997 Code, Ch. 25, Table 2)

(3) No detached accessory building shall be erected or moved within five feet of the principal structure.

(4) A maximum of one accessory structure is permitted per lot, including but not limited to storage sheds and yard barns, but not including garages.

(B) Commercial and industrial districts. Accessory buildings and structures in CBD, C-2, and M zoning districts shall be subject to the following regulation: for motor fuel stations, the setback of any overhead canopy or weather protection, freestanding or projecting from a building, shall not be less than 15 feet from the street right-of-way line, nor less than 20 feet (35 feet in M district) from an adjacent property line. The distance of the setback shall be measured from the roof line of the structure to the property line.

(C) Private garages. The maximum capacity of a private garage shall not exceed a total of three passenger vehicles in residential zoning districts (R-1 and R-2). The maximum aggregate floor space of all private garages on a single lot shall be 1,000 square feet. The maximum building height for private garages shall be 15 feet.

(1997 Code, § 25.08)

(Ord. passed 11-14-1994; Am. Ord. 2005-5, passed 8-8-2005) Penalty, see § 10.99

§ 153.057 LANDSCAPING.

(A) Purpose and objectives.

(1) The primary purpose of this section is to establish minimum requirements and standards relative to landscaping, buffering, and screening to be implemented concurrently with site plans approved by the city. The standards and criteria shall be used by city staff and the Planning Commission in the review and evaluation of those plans and development proposals.

(2) The objectives of these requirements are to establish and maintain forestation of the city; to provide appropriate ground cover vegetation for controlled soil erosion; to enhance, when necessary, the natural environment, particularly in instances where the natural environment is disturbed during the course of development; and to establish standards for utilization of natural materials to achieve desired screening and buffering.

(B) Minimum standards. This section sets forth minimum requirements of landscaping and limitations to assure that the result is consistent with reasonable maintenance requirements on a long-term basis and to assure that the results provide an aesthetic urban environment.

(1) CBD, central business district.

(a) One tree for every 1,000 square feet of total building area. If landscaping cannot be accommodated on site the City Council will require the plantings to be placed in the City Park or city right-of-way. Placement of this landscaping shall be approved by the City Council.

(b) Any off-street parking areas that serve downtown business district establishments and face or abut a residentially zoned area shall be screened so as to minimize the visual impact of large expanses of asphalt and automobiles. This screening can be accomplished by an earth berm with shrub plantings, by hedge with various deciduous and coniferous trees, or by other combinations approved by the city.

(c) Loading docks and loading berths that face a residentially zoned area shall be screened so as not to be seen from the residential area. Various deciduous and coniferous trees or fencing approved by the city may be used as the screening device.

(d) All trash and trash handling equipment shall be stored within the principal structure, within an attached structure accessible from within the principal structure, or totally screened from eye-level view from public streets and adjacent residential properties. If accessory structures are proposed, they shall be constructed of the same building material as the principal structure.

(e) Light from automobile headlights and other sources shall be screened whenever it may be directed onto adjacent residential windows.

(2) C-2, highway commercial district.

(a) One tree for every 1,000 square feet of total building floor area or one tree for every 50 feet of site perimeter, whichever is greater.

(b) The light from automobile headlights and other sources shall be screened whenever it may be directed onto adjacent residential windows.

(d) Parking lots that serve a highway business use or health care use that face or abut a residentially zoned area shall be screened so as to minimize the visual impact of the large expanses of asphalt and automobiles. This screening can be accomplished by an earth berm with shrub plantings or by a hedge with various deciduous and coniferous trees or by other combinations approved by the city.

(e) Trees planted to satisfy the requirements of divisions (B)(2)(b), (B)(2)(c), or (B)(2)(d) above, will not be counted towards the requirement of one tree per 1,000 square feet of building or one tree per 50 feet of site perimeter unless otherwise approved by the city.

(f) All trash and trash handling equipment shall be stored within the principal structure, within an attached structure accessible from within the principal structure, or totally screened from eye-level view from public streets and adjacent residential properties. If accessory structures are proposed, they shall be constructed of the same building material as the principal structure.

(3) M, manufacturing and industrial district.

(a) One tree per 1,000 square feet of gross building floor area.

(b) Where industrial zoned land is adjacent to or across the street from property zoned for residential development, that industry shall provide screening as follows.

1. Loading docks and loading berths that face a residentially zoned area shall be screened so as not to be seen from the residential area. Various deciduous and coniferous trees or fencing approved by the city may be used as the screening device.

2. Parking lots that serve an industrial use that face or abut a residentially zoned area shall be screened so as to minimize the visual impact of the large expanses of asphalt and automobiles. This screening can be accomplished by an earth berm with shrub plantings or by a hedge with various deciduous and coniferous trees or by other combinations approved by the city.

3. Trees planted to satisfy the requirements of divisions (B)(3)(b)1. and (B)(3)(b)2. above will not be counted towards the requirement of one tree per 1,000 square feet of building unless otherwise specified by the city.

4. All trash and trash handling equipment shall be stored within the principal structure, within an attached structure accessible from within the principal structure, or totally screened from eye-level view from public streets and adjacent residential properties. If accessory structures are proposed, they shall be constructed of the same building material as the principal structures.

5. Light from automobile headlights and other sources shall be screened whenever it may be directed onto adjacent residential windows.

(4) R-1, one- and two-family residential district, and R-2, multiple-family residential district.

(a) A planting trip and/or earth berm, not exceeding a slope of 3:1, shall be placed in all newly platted residential developments that abut an arterial road as identified in the city’s Comprehensive Plan.

(b) In the R-1 and R-2 districts, each newly platted lot shall have two trees.

(c) Where any multiple-family use with more than four parking spaces adjoins another residential use, the off-street parking for that use shall be screened from adjoining properties by a hedge or other various plantings as approved by the city.

(d) Lights from automobiles and parking lot lights shall be screened whenever the light may be directed onto residential windows to the extent that it will cause an unreasonable disturbance.

(5) Landscape requirements applicable to all districts.

(a) Unless otherwise directed by the city, all plantings shall be placed on the private property on which the development is taking place.

(b) Landscape screening exceeding 30 inches in height as measured from the top side of the curb is not permitted within 15 feet of any street or alley.

(c) All areas not otherwise improved in accordance with approved site plans or subdivisions shall be sodded and maintained.

(d) The owner shall provide the city with cash, corporate surety bond, approved letter of credit, or other surety satisfactory to the city to guarantee the proper installation and growth of the approved landscape plan. The performance bond shall be furnished by the developer prior to obtaining a building permit that is equal to the amount of the required landscaping to be installed. The performance bond shall be held by the city and must cover one full calendar year subsequent to the installation of the landscaping and must be conditioned upon complete and satisfactory implementation of the approved landscape plan.

(6) Minimum size of plantings.

(a) Unless otherwise specified herein with respect to specific zoning districts, required trees shall be of the following minimum planting size:

1. Deciduous trees: two and one-half inches in diameter as measured six inches above ground;

2. Coniferous trees: four feet in height; and

3. Major shrub or berm plantings: five gallons.

(b) Evergreen shrubs used for screening purposes, including those used in conjunction with berming, shall be a minimum of 24 inches in height.

(7) Species.

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

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

(c) The complement of trees fulfilling the requirements of this policy shall not be less than 25% deciduous and not less than 33% coniferous.

(8) Prohibited species. The following species are prohibited and shall not be used toward meeting the requirements of this chapter.

Genus	Species	Common Name
Acer	Megundo	Boxelder
Gingko	Biloba	Gingko
Populus	Deltoides	Eastern cottonwood
Populus	Nigra Italica	Lombardy poplar

(1997 Code, § 25.08) (Ord. passed 11-14-1994) Penalty, see § 10.99

§ 153.058 FENCING.

(A) Building permit required.

(1) No fence, except temporary fencing, shall be constructed without a building permit. The application shall be accompanied by a plot plan clearly describing the type, location, and method of anchoring the fence.

(2) Boundary line fences shall be located entirely upon the private property of the party constructing the fence unless the owner of the property of the adjoining property agrees, in writing, that the fence may be erected on the division line of the respective properties. The persons, firms, or corporations constructing or causing the construction of the fence shall be responsible for maintaining that part of their property between fence and property line. City staff will require any applicant for a fence permit to establish the boundary lines of his or her property by a survey thereof to be made by any registered land surveyor or by showing the stake markers of the surveyed lot.

(3) Permanent fencing is required to meet the standards of the State Building Code.

(B) Fencing standards for all districts. Fencing in all districts shall conform to the following.

(1) Fences in all districts shall be maintained so that the exposed outer surface shall be uniformly painted or stained in a neat and aesthetically pleasing condition.

(2) No fence shall be permitted on a public right-of-way or boulevard area without special permission from the City Council.

(3) No fence shall be erected on a corner lot that will obstruct or impede the clear view of an intersection by approaching traffic.

(4) All snow-stop fencing may be used from November 1 to April 1. No permit shall be required for temporary fencing.

(5) Any fence which is dangerous to the public safety or general welfare and health is a public nuisance and the city may commence proceedings for the abatement thereof. Electric fences may not be used as boundary fences, and material such as hog wire fencing, barbed wire fencing, or snow fencing will not be allowed as permanent fencing.

(6) The side of the fence considered to be the face (finished side as opposed to structural supports) shall face abutting property. Abutting property owners will be notified by the constructor of the fence five calendar days before the building permit is issued.

(1) A fence may be located along the rear lot line to a maximum height of up to six feet and to a maximum height of six feet along the side lot lines up to the point where it is parallel with the front edge of the house. From this point forward to the right-of-way, the height of the fence shall not exceed three feet. Any fence that crosses the width of the front yard shall not exceed three feet in height. The maximum height may be increased to four feet if the material type of the fence is not more than 50% opaque (such as, chain link). A variance is needed for fences exceeding the above mentioned heights. The front of a house situated on a corner lot shall be the architectural front of the house facing the street from which the house is addressed. No fence may be placed in violation of the restrictions of this section. Refer to Appendix A.

(1997 Code, § 25.08; Am. Ord. passed 10-27-2003)

Residential Fence Requirements
Fence Location	Maximum Height, in Feet	Maximum Opaqueness
Front yard at right-of-way	3	100%
Front yard at right-of-way	4	50%
Rear lot line	6	100%
Side lot lines from rear lot line to the front edge of house	6	100%
Side lot lines from front edge of house forward to right-of-way	3	100%
	4	50%

(1997 Code, Ch. 25, Table 3)

(2) Fences around dog kennels not exceeding 50 square feet in size, fences around garbage cans, and garden fences will not require fence permits but shall adhere to the other regulations of this section.

(D) Fencing in commercial, manufacturing, and industrial districts (CBD, C-2, and M). Fences may be located along a lot line to a height of eight feet. Fences over eight feet in height shall require a variance.

(E) Required fences; swimming pools.

(1) All swimming pools shall be completely enclosed by a type of fence resistant to being climbed unless specifically exempted in this section.

(a) All fence openings or points of entry into the pool area enclosure shall be equipped with gates.

(b) The fence and gates shall be at least four feet in height.

(c) One gate shall be equipped with self-closing and self-attaching devices placed at the top of the gate or otherwise inaccessible to small children. Any gate in the fence will be presumed to be solely for maintenance purposes and shall remain locked at all times when not used for maintenance purposes.

(d) The openings between the bottom of the fence and the ground or surface shall not be more than four inches.

(2) Above-ground pools of four feet or more in wall height shall be exempt from complete enclosure by a type of fence resistant to being climbed. However, above-ground pools shall be equipped with a fence and gate system at all points of entry to the pool. The fence and gate system shall effectively control access to the pool and shall be constructed pursuant to the specifications listed in this section.

(F) Existing fences. No existing fence in violation of this section will be allowed to be replaced or rebuilt. Should an existing fence be replaced or rebuilt, it must come under the regulation of this section.

(G) Traffic visibility at corner lots. On corner lots, in all districts, no fence in excess of 30 inches above the street centerline grade shall be permitted within a triangular area defined as follows: beginning at the intersection of the extension of the existing curb lines of two intersecting streets, thence 30 feet back along one curb line, thence diagonally to a point 30 feet from the point of beginning back along the other curb line, thence to the point of beginning.

(Am. Ord. passed 10-27-2003)

(H) Violations; remedies. Violation of this section may be enforced by injunction and the city shall be entitled to the remedy of abatement in order that a fence erected in violation of this section may be removed.

(1997 Code, § 25.08)

(Ord. passed 11-14-1994) Penalty, see § 10.99

§ 153.059 ANTENNAS AND TOWERS.

(A) Compliance required. Except as otherwise provided in this section, no antenna or tower may be erected, constructed, placed, re-erected, or replaced in a residential zoning district of the city except in conformance with this section.

(B) Permit required. Except as provided in division (B)(2) below, no person may erect, construct, place, re-erect, reconstruct, or replace an antenna or tower in the city without first making application for and obtaining a permit therefor from the Building Official.

(1) Information. The applicant for the permit shall provide at the time of application sufficient information to indicate that the erection, construction, placement, re-erection, reconstruction, or replacement will not create a safety hazard or damage to the property of other persons.

(2) Exceptions. Permits are not required for:

(a) An antenna or combination of antenna(e) and tower rigidly attached to a building, provided that the combination of antenna and tower does not exceed a total height of ten feet above the highest point of attachment;

(b) Antennae and tower used by the city for city purposes;

(c) Adjustment, repair, or replacement of the elements of an antenna, provided the adjustment, repair, or replacement does not reduce the safety factor; or

(d) Temporary antennae or towers erected for test purposes, emergency communication, or for broadcast remote pick-up operations; temporary antennae and towers shall be removed within 72 hours following installation.

(C) Performance standards; co-location requirements. All towers erected, constructed, or located within the city shall comply with the following requirements. A proposal for a new tower shall not be approved unless the City Council finds that the wireless telecommunication equipment planned for the proposed tower cannot be accommodated on an existing or approved tower, building, or structure within a one-mile radius of the proposed tower due to one or more of the following reasons, except that the radius shall be one-half mile for towers between 80 and 120 feet and one-quarter mile for towers under 80 feet:

(1) The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a licensed professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost;

(2) The planned equipment would cause interference materially impacting the usability of other existing equipment at the tower or building as documented by a licensed professional engineer and the interference cannot be prevented at a reasonable cost;

(3) Existing or approved towers or buildings within the radius cannot accommodate the planned equipment at a height necessary to function reasonably, as documented by a licensed professional engineer; or

(4) Other unforeseen reasons that make it infeasible to locate the planned telecommunication equipment upon an existing or approved tower or building.

(D) Location.

(1) Side yards. A tower or antenna or combination thereof may not be located in any front yard or side yard except that the towers or antennae rigidly attached to the side of the building may project into a required interior side yard provided they are at least four feet from an interior side property line.

(2) Satellite antennae. Ground-based satellite antennae are permitted only in the rear yard and, for purposes of this zoning chapter, are accessory structures. The structures are subject to the requirements for accessory structures located in this chapter.

(3) Extension into streets. No part of any antenna or tower nor any lines, cable, equipment, or wires, or braces in connection with either shall at any time extend across or over any public right-of-way, streets, highways, sidewalk, or alleys, or over any property line.

(4) Height. The total height of any tower, antennae, or combination thereof shall not exceed 35 feet from the lowest grade level at the base to the highest point of the tower, antennae, or combination thereof. The total height of roof-mounted towers, antennae, or combination thereof may not exceed 35 feet above the average elevation of the lot along the front building line of the building it is mounted on.

(E) Construction.

(1) Wind. Towers with antennae shall be designed to withstand applicable wind load requirements as prescribed in the State Building Code.

(2) Treatment. Metal towers shall be constructed of, or treated with, corrosive resistant material. Wood poles shall be treated wood in conformance with the State Building Code.

(3) Grounding. Antennae and metal towers shall be grounded for protection against a direct strike by lightning and shall comply as to electrical wiring and connections with the National Electrical Code.

(4) Climbing. A tower affixed to the ground shall be protected to discourage climbing of the tower by unauthorized persons.

(5) Appurtenant structures. No antenna or tower shall have affixed or attached to it, in any way, except during time of repair or installation, any lights, reflectors, flashers, or other illuminating device, except as required by the Federal Aviation Agency or the Federal Communication Commission, nor shall any tower have constructed thereon or attached thereto any platform, catwalk, crow’s nest, or like structure, except during periods of construction or repair.

(F) Non-conforming installations.

(1) General rule. Antennae and towers in existence on November 23, 1994, which do not conform to or comply with this section, may continue to exist for purposes now used but may not be replaced or structurally altered, except as provided in division (B) of this section, without complying with this division (F).

(2) Restoration. A non-conforming antenna or tower which is damaged by fire or other cause to an extent of more than 50% of its market value shall not be restored except in conformity with the regulations of this chapter. However, if a building permit has been applied for within 180 days of when the antenna or tower is damaged, then the antenna or tower may be restored to its pre-damage non-conforming status subject to the applicability of the Minnesota State Building Code and other requirements of the Osseo Code of Ordinances.

(G) Variances. The City Council may grant variances to the literal provisions of this section in the same manner granted under this zoning chapter.

(H) Amateur radio towers/antennas. Amateur radio support structures (towers) shall be installed in accordance with the instructions furnished by the manufacturer of that tower model. Because of the experimental nature of the amateur radio service, antennas mounted on a tower may be modified and changed at any time so long as the published allowable load on the tower is not exceeded and the structure of the tower remains in accordance with the manufacturer’s specifications.

(1997 Code, § 25.08) (Ord. passed 11-14-1994; Am. Ord. passed 12-11-2000; Am. Ord. 2006-3, passed 5-8-2006) Penalty, see § 10.99

§ 153.060 HOME OCCUPATIONS.

All home occupations permitted by this chapter shall be so established and maintained as to comply with the provisions of the following standards:

(A) Conduct of the home occupation does not result in any alterations to the exterior of the residence;

(B) Signage consists of no more than one single- or double-faced unlighted sign with a maximum area of two square feet not located on a public right-of-way;

(C) Conduct of the home occupation does not generate more noise, vibration, glare, fumes, odors, or electrical interference than normally associated with residential occupancy in the neighborhood;

(D) The home occupation is not of a scale requiring the use of a commercial vehicle for the delivery of materials to or from the premises;

(E) The use shall not generate sewage of a nature or rate greater than that normally associated with residential occupancy, nor shall it generate hazardous waste or solid waste at a rate greater than that normally associated with residential occupancy;

(F) Except for articles produced on the premises, no stock-in-trade shall be displayed or sold on the premises;

(G) The home occupation shall not increase vehicular traffic flow and parking by more than one additional vehicle at a time, and any need for parking generated by the conduct of a home occupation shall be met off the street and other than in a required front yard, or in a driveway in a manner so that access to the garage is not eliminated;

(H) No more than one person other than those living in the residence may be employed in the home occupation;

(I) No outdoor display of goods or outside storage of equipment or materials is permitted;

(J) No accessory building may be used for operations, display of goods, or the storage of equipment or materials used in the home occupation;

(K) No home occupation will be allowed that jeopardizes the health and safety of residents of the city; and

(L) There shall be no renting of space in a residence for non-residential purposes.

(1997 Code, § 25.09) (Ord. passed 11-14-1994) Penalty, see § 10.99

§ 153.061 STORMWATER MANAGEMENT.

(A) Applicability. Projects disturbing more than one acre shall follow the most current general permit to Discharge Stormwater Associated with Construction Activity No. MN R100001 (Permit) issued by the Minnesota Pollution Control Agency (MPCA), as amended.

(B) Investigation. After a building permit has been applied for and prior to the issuance of the permit, the city shall thoroughly investigate the existing drainage features of the property to be used.

(C) Obstruction of natural drainage prohibited. No building permit shall be issued for the construction of any building on which construction or necessary grading thereto shall obstruct any natural drainage waterway.

(D) Undrainable lands. No building permit shall be issued for the construction of any building upon ground which cannot be properly drained.

(E) Protection of existing drainage installations. Where application is made for a building permit and subsequent investigation shows that the property to be occupied by the building is adjacent to a portion of a public road or street containing a drainage culvert, catch basin, sewer, special ditch, or any other artificial drainage structures used for the purpose of draining that property or neighboring property, the applicant shall specifically agree in writing to protect these waterways in such a way that they shall not be affected by the proposed building construction or grading work incidental thereto.

(F) Order to regrade. The city may order the applicant to regrade property if existing grade does not conform to any provision of this section, if the grade indicated in the preliminary plan has not been followed, or if the grade poses a drainage problem to neighboring properties.

(G) Construction site stormwater runoff control. Owners and operators of a construction activity shall develop site plans that must be submitted for review and approval, prior to the start of construction activity. Site plans must be kept up-to-date by the owners and operators of a construction activity with regards to stormwater runoff controls. Site plans shall incorporate erosion and sediment controls, waste controls, and best management practices as described in the permit.

(H) Post-construction stormwater management.

(1) All owners and/or operators must submit site plans with post-construction stormwater best management practices, for review and approval, prior to the start of construction activity.

(2) Stormwater runoff rates for proposed activities, development or redevelopment conditions, shall not exceed the existing conditions. Runoff rates may be restricted to less than the existing rates when necessary for the public health and general welfare of the watershed.

(3) For new development projects there shall not be a net increase from pre-project conditions (on an annual average basis) of:

(a) Stormwater volume, unless precluded by the limitations and exceptions in the permit;

(b) Stormwater discharges of total suspended solids (TSS); and

(4) For redevelopment projects there shall be a net reduction from pre-project conditions (on an average annual basis) of:

(a) Stormwater volume, unless precluded by the limitations and exceptions in the permit;

(b) Stormwater discharges of total suspended solids (TSS); and

(5) Regional detention basins shall be utilized to manage peak flow rates and meet water quality objectives when feasible.

(6) Stormwater calculations shall be provided for the two-year, ten-year and 100-year, 24-hour storm events. The precipitation depths for these storm events shall be obtained from National Oceanic and Atmospheric Administration (NOAA) Atlas 14 Volume 8, published June 2013, or its successor, using the online NOAA precipitation frequency estimates. The applicant must document the location and event depths used.

(a) The hydrologic and hydraulic design calculations shall include the design storm frequency, time of concentration, soil curve numbers, peak runoff rates and volumes for each watershed area, flow velocities, and infiltration rates where applicable.

(b) A calculation summary report shall be submitted.

(7) Storm sewer pipes shall be designed for a ten-year storm event, unless a lower intensity event is allowed by the City Engineer. The use of the rational method shall be used for pipe design calculations.

(8) If a stormwater management control measure depends on the hydrologic properties of soils (e.g. infiltration basins), then a soils report shall be submitted. The soils report shall be based on on-site boring logs or soil pit profiles.

(9) Permanent sedimentation and water quality ponds shall be designed to meet Nationwide Urban Runoff Program (NURP) standards per Protecting Water Quality in Urban Areas (MPCA 2000). Provide an outlet skimmer to prevent migration of floatables and oils for at least the one year storm event; baffled weirs are not allowed.

(10) The owner of a detention basin, water quality pond, infiltration facility, or a water quality treatment device, if not a governmental unit, shall provide to the city a recordable agreement detailing an operations and maintenance plan that assures that the structure(s) will be operated and maintained as designed.

(11) Structure elevations. Any new residential, commercial, industrial or other habitable structures shall be constructed with the low opening elevation at least one foot above the 100-year flood level. The low floor shall be at least one foot above the normal water level. Low openings shall be at least one foot above the emergency overflow.

(12) Development that creates one acre or more of new impervious surface must infiltrate runoff from impervious areas and address the use of best management practices to limit the effect of the loss of previous area.

(a) One inch of impervious surface runoff must be infiltrated within 48 hours using accepted BMPs for infiltration, such as infiltration trenches, rainwater gardens, or infiltration basins. Infiltration volumes and facility sizes shall be calculated using the appropriate hydrological soil group classification and saturated infiltration rate from the table below. Documented site-specific infiltration or hydraulic conductivity measurements completed by a licensed soil scientist or engineer can be used in place of the values in the table.

Hydrologic Soils Group	Infiltration Rate (in/hr)	Soil Texture
A	0.30	Sand, loamy sand, or sand loam
B	0.15	Silt loam or loam
C	0.07	Sandy clay loam
D	0.03	Clay loam, silt clay loam, silty clay, or clay

(b) Prior to infiltrating runoff, pretreatment shall be required before the runoff enters the infiltration practice.

(c) Prohibitions and/or restrictions may be placed on the infiltration techniques used to achieve conditions for post-construction stormwater management, without higher engineering review, sufficient to provide a functioning treatment system when the infiltration device will be constructed in areas as outlined in the permit.

(d) Linear projects. Where lack of right-of-way precludes the installation of volume control practices that meet the conditions for post-construction stormwater management, a lesser volume control may be approved as allowed in the permit. A reasonable attempt must be made to obtain right-of-way during the project planning process for volume control practices.

(I) When the post-construction stormwater management for total suspended solids and total phosphorus cannot be cost effectively managed on the site of the original construction activity, mitigation measures shall be met as required by the permit.

(J) A legal mechanism(s) must be established for long-term maintenance of structural stormwater best management practices, constructed after August 1, 2013, that are not owned or operated by the city, but that are within the city's jurisdiction. The legal mechanism(s) shall meet the permit requirements.

(K) Project review thresholds. No person or political subdivision shall commence a land disturbing activity or the development or redevelopment of land without first submitting plans to and obtaining approval from the city or commission as required in the Rules and Standards of the Shingle Creek and West Mississippi Watershed Management Commissions Rule D - Stormwater Management.

(Ord. 2015-2, passed 4-27-2015)

§ 153.070 PURPOSE; SITE PLAN.

(A) The regulation of all off-street parking spaces is intended 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 parking in accordance with the utilization of various parcels of land or structures.

(B) All applications for permits required under this chapter in all districts shall be accompanied by a site plan drawn to scale and dimension indicating the location of off-street parking and loading spaces in compliance with the following requirements.

(1997 Code, § 25.10) (Ord. passed 11-14-1994)

§ 153.071 YARDS.

Parking areas and garage stalls accessory to residential structures shall be subject to front yard and to side yard requirements on a street abutting a corner lot in accordance with the requirements for the use district in which the parking is located, except that when the parking area is the primary rather than accessory use of a particular property and when that property abuts a lot in the commercial or industrial districts and is in the same ownership as the land in those districts, the front and side yard depths may be reduced to not less than ten feet.

(1997 Code, § 25.10) (Ord. passed 11-14-1994)

§ 153.072 SEATING CALCULATION; BENCHES.

In stadiums, churches, and other places of public assembly in which patrons or spectators occupy benches, pews, or other similar seating facilities, each 22 inches of seating facility shall be counted as one seat for the purpose of determining required parking.

(1997 Code, § 25.10) (Ord. passed 11-14-1994)

§ 153.073 PARKING SPACES; DIMENSIONS.

Each parking space shall be not less than nine feet wide and 20 feet in length, and each space shall be served adequately by access drives. For purposes of calculating parking space requirements, one parking space for one vehicle shall equal 300 square feet of storage and maneuvering area, including access drives.

(1997 Code, § 25.10) (Ord. passed 11-14-1994)

§ 153.074 RESIDENTIAL PARKING FACILITIES; USE RESTRICTIONS.

Off-street parking facilities accessory to residential use shall be utilized solely for the parking of passenger automobiles. No motor vehicle over one and one-half ton capacity bearing a commercial license and no commercially licensed trailer shall be parked or stored in a residential district except when loading, unloading, or rendering a service. Under no circumstances shall parking facilities accessory to residential structures be used for open area storage of commercial vehicles.

(1997 Code, § 25.10) (Ord. passed 11-14-1994)

§ 153.075 PARKING SPACE LOCATION.

(A) Spaces for dwellings shall be on the same lot as the dwelling unit.

(B) Spaces for commercial retail uses or for public or semi-public uses, excepting shopping centers, shall be within 300 feet of the main entrance of the building being served.

(1997 Code, § 25.10) (Ord. passed 11-14-1994)

§ 153.076 SETBACK REQUIREMENTS.

(A) Residential districts.

(1) Open parking spaces accessory to one- and two-family structures may be located anywhere on the lot containing the principal structure.

(2) Open parking spaces or areas designed for three or more vehicles and garage stalls accessory to residential structures shall be set back at least five feet from an interior side lot line and at least eight feet from a rear lot line.

(3) Motor vehicles are required to be parked on designated parking spaces or areas (such as, driveway). All other parking areas are prohibited.

(B) All other districts. Off-street parking spaces shall not be less than ten feet from a street right-of-way line nor less than five feet from any interior side lot line or rear lot line, except where a side lot line or rear lot line is abutting a residential district, when off-street parking shall not be less than ten feet from those lot lines.

(1997 Code, § 25.10) (Ord. passed 11-14-1994) Penalty, see § 10.99

§ 153.077 JOINT PARKING FACILITIES.

(A) Required parking facilities serving two or more uses may be located on the same lot or in the same structure, provided that the total number of parking spaces so furnished shall be not less than the sum total of the separate requirements for each use during any peak hour parking period when the parking facility is utilized at the same time by two or more uses.

(B) Conditions required for joint use are:

(1) The proposed joint parking space is within 400 feet of the use it will serve;

(2) The applicant(s) shall show that there is no substantial conflict in the principal operating hours of the two or more buildings or uses for which joint use of off-street parking facilities is proposed; and

(3) A properly drawn legal instrument approved by the City Attorney, executed by the parties concerned for joint use of off-street parking facilities, shall be filed with the Administrator. This instrument may be a three- or more party agreement including the city.

(1997 Code, § 25.10) (Ord. passed 11-14-1994)

§ 153.078 DESIGN AND MAINTENANCE.

(A) Access. Access and parking areas shall be designed so as to provide an adequate means of access to a public alley or street. The driveway shall be limited so as to cause the least interference with traffic movement. All public parking areas shall have access off driveways and not directly off a public street. All outside parking spaces shall be clearly marked.

(B) Calculating space. When the determining of the number of required off-street parking spaces results in a fraction, each fraction of one-half or more shall constitute another space.

(C) Signs. Signs located in any parking area necessary for orderly operation of traffic movement shall be in addition to accessory signs permitted in other sections of this chapter.

(D) Surfacing. All of the area intended to be utilized for parking space and driveways shall be surfaced with an impervious material to control dust and drainage and subject to the approval of the Council except parking areas for less than three vehicles. This requirement also applies to open sales lots.

(E) Lighting. Exterior lighting shall not be directed upon adjacent land or the public right-of-way.

(F) Curbing and landscaping. All open off-street parking areas designed to have head-in parking, or any other off-street parking area configuration, along the interior property line, shall provide a concrete bumper curb not less than five feet from that property line or a guard of normal bumper height not less than five feet from that property line. When the area is for six spaces or more and not located to the rear of the building, a fence or hedge not over three feet in height shall be erected or planted along the front yard setback line, and grass or hedge shall occupy the space between the sidewalk and fence.

(G) Curb and gutter. Off-street parking facilities are required to have concrete curbing and guttering. Existing off-street parking facilities are required to meet this requirement when modifying or expanding the facility.

(1997 Code, § 25.10) (Ord. passed 11-14-1994) Penalty, see § 10.99

§ 153.079 REQUIRED NUMBER OF OFF-STREET PARKING SPACES.

The required number of off-street parking spaces shall be as set forth in Appendix B of this chapter.

(1997 Code, § 25.10) (Ord. passed 11-14-1994)

§ 153.080 CBD DISTRICT; SPACE REDUCTION.

In general, the above off-street parking requirements may be reduced when applied to uses within the CBD district, upon approval of the City Council. The intent of the reduction is to preserve the compact, pedestrian-oriented character of the downtown to the extent possible. In the event of a sizable redevelopment project within the CBD district, off-street parking spaces shall be provided as required by the City Council.

(1997 Code, § 25.10) (Ord. passed 11-14-1994)

§ 153.090 GENERAL PROVISIONS.

(A) Findings. The City Council hereby finds as follows.

(1) Signs provide an important medium through which individuals may convey a variety of messages.

(2) Exterior signs have a substantial impact on the character and quality of the environment.

(3) Signs can create traffic hazards, aesthetic concerns, and detriment to property values, thereby threatening the public health, safety, and welfare.

(4) 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 the aesthetics of the community and threaten its health, safety, and welfare. The regulation of the physical characteristics of signs within the city has a positive impact on traffic safety and the appearance of the community.

(B) Purpose and intent. It is not the purpose or intent of this section to regulate the message displayed on any sign, except as provided for in § 153.092(B)(10), 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. The purpose and intent of this section 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 aesthetic; and

(4) Provide for fair and consistent enforcement of the sign regulations set forth herein under the zoning authority of the city.

(C) Effect. A sign may be erected, mounted, displayed, or maintained in the city if it is in conformance with the provisions of these regulations. The effect of this section, as more specifically set forth herein, is to:

(1) Allow a wide variety of sign types in non-residential zones, and a more limited variety of signs in residential zones, subject to the standards set forth in this subchapter;

(2) Allow certain small, unobtrusive signs incidental to the principal use of a site in all zones when in compliance with the requirements of this subchapter or when required by federal, state, or local law;

(3) 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; and

(4) Provide for the enforcement of the provisions of this subchapter.

(D) Effective date. Sections 153.090 through 153.094 shall take effect and be in force from and after January 1, 2019.

(Ord. 2018-4, passed 8-13-2018)

§ 153.091 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ABANDONED SIGN. Any SIGN and/or its supporting sign structure, which has been removed or whose display surface remains blank for a period of one year or more, or any SIGN which has been erected in violation of this code. SIGNS applicable to a business temporarily suspended because of a change in ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of one year or more. Any SIGN remaining after demolition of a principal structure shall be deemed to be abandoned. Any SIGN meeting this definition shall be considered abandoned even if the SIGN is legally non-conforming or authorized pursuant to a conditional use permit or variance.

ANIMATED SIGN. A SIGN that has any visible moving part, flashing or oscillating lights, visible mechanical movement of any description, or other apparent visible movement achieved by any means that move, change, flash, oscillate, or visibly alter in appearance in a manner that is not permitted by these regulations. ANIMATED SIGNS do not inherently include ELECTRONIC MESSAGE DISPLAY SIGNS, although it is possible that electronic message display signs be used or programmed as ANIMATED SIGNS.

ATTACHED SIGN. Any SIGN that lacks a supporting framework and is therefore attached or anchored to any BUILDING or other STRUCTURE; any SIGN that is not a FREESTANDING SIGN.

AWNING. A roof-like cover, often of fabric, plastic, metal, or glass, designed and intended for protection from the weather or as a decorative embellishment, and which projects from a wall or roof of a structure primarily over a window, walk, or the like. Any part of an AWNING, which also projects over a door, shall be counted as an AWNING.

AWNING SIGN. A SIGN printed on or in some fashion attached directly to the AWNING material.

BANNER. A SIGN constructed of cloth, paper, plastic, or other material upon which copy is written and supported, either between poles or fastened to buildings or other structures, and that is supported or anchored on two or more edges or at three or more corners. BANNERS also include such SIGNS which are supported by an internal frame (such as an umbrella) or are anchored along one edge or two corners, with weights or supports installed that substantially reduce the reaction of the SIGN to wind.

BENCH SIGN. A SIGN located on any part of the surface of a bench or a similar type of outdoor furniture or seating, usually placed on or adjacent to a PUBLIC RIGHT-OF-WAY.

BUILDING. Any STRUCTURE intended for the shelter, support, or enclosure of persons, animals, or property of any kind; where separated by party walls without openings, each portion of such STRUCTURE is considered a separate BUILDING.

BUILDING SIGN. Any SIGN attached to or supported by any BUILDING.

BUSINESS. Any occupation, employment, or enterprise wherein merchandise is exhibited or sold, or where services are offered for compensation.

CENTRAL BUSINESS DISTRICT or CBD. The CBD zoning district within the city as identified in the City's Zoning Code and on the City of Osseo's Official Zoning Map.

CLASS A SIGNAGE. Durable and permanent SIGNS including:

(1) Any SIGN that requires a building or electrical permit to install; and

(2) SIGNS constructed from wood, plastic, metal, concrete, or other durable, weather-proof materials, with a weather-proof display area; and not otherwise specified as CLASS B or CLASS C SIGNS.

CLASS B SIGNAGE. Non-durable, impermanent SIGNS including:

(1) DEMOUNTABLE LETTER SIGNS;

(2) MOVEABLE SIGNS;

(3) BANNERS;

(4) Other SIGNS not constructed from durable, weather-proof materials; and

(5) Other SIGNS, which, due to design, material, and installation method are temporary in nature. This includes SIGNS not displayed or intended to be displayed for a length of 30 days or longer.

CLASS C SIGNAGE.

(1) Obtrusive, impermanent, moving, or otherwise dynamic SIGNS including:

(a) INFLATED SIGNS;

(b) FEATHER BANNERS;

(d) PORTABLE TRAILERED SIGNS; and

(e) SHIMMERING SIGNS;

(2) But excluding INTERIOR SIGNS of all types.

COMMERCIAL SPEECH. Speech advertising a business, profession, commodity, service, or entertainment.

CUMULATIVE MAXIMUM SIGN AREA (CMSA). The total maximum sign area which is allowed on any individual property within the city, and for the proportion of CLASS A, CLASS B, and CLASS C SIGNS as herein defined. Regardless of the allowance for signage in any class, no property, including those with a NONCONFORMING SIGN, may exceed its overall CUMULATIVE MAXIMUM SIGN AREA.

DEMOUNTABLE LETTER SIGN. A SIGN with individual letters, numbers, and symbols, but not entire words or phrases, which may be manually removed and replaced on a track or other mounting hardware on the sign. Also commonly known and referred to as a changeable letter sign or arrow sign, although a DEMOUNTABLE LETTER SIGN need not include an arrow.

DISPLAY SURFACE. The area of an ELECTRONIC MESSAGE DISPLAY made available by the sign structure for the purpose of displaying the advertising or other commercial or noncommercial message.

ELECTRICAL SIGN. A SIGN that is powered by electricity.

ELECTRONIC MESSAGE DISPLAY (EMD). A single SIGN with up to two faces, capable of displaying words, symbols, figures, or images that can be electronically or mechanically changed by remote or automatic means.

ERECT. Activity of constructing, building, raising, assembling, placing, affixing, attaching, creating, painting, drawing, engraving, or any other way of bringing a SIGN into being or establishment.

EXTERIOR SIGN. A SIGN located on the outside of a BUILDING, STRUCTURE, or outdoor display area, or located on the interior of a BUILDING, but which is primarily intended to be viewed from the exterior of the BUILDING.

FEATHER BANNER. A type of elongated BANNER and freestanding temporary sign typically made of a flexible fabric or similar material attached to a long rigid pole in the general shape of a feather, teardrop, or similar shape, not to exceed 28 square feet in total area. The definition includes functionally similar display devices. Also commonly known and referred to as a banana banner or teardrop banner.

FLAG. Any fabric or similar lightweight material attached at one edge or no more than two corners of the material, usually to a staff or pole, so as to allow movement of the material by atmospheric changes, and which contains distinctive colors, patterns, symbols, emblems, insignia, or other symbolic devices or text. If any dimension of a FLAG is more than three times as long as any other dimension, it shall be regulated as a BANNER for the purposes of this subchapter.

FLASHING SIGN. A type of ANIMATED SIGN. A directly or indirectly illuminated SIGN which exhibits changing light or color effect by any means so as to provide intermittent illumination or which includes the illusion of intermittent flashing light by means of animation or any other mode of lighting, which may include, but is not limited to, zooming, twinkling, or sparkling.

FREESTANDING SIGN. Any SIGN which has supporting framework that is placed on or anchored in the ground and which is independent from any BUILDING or other STRUCTURE.

FRONT FOOT. The measurement of the frontage of a PROPERTY abutting a public street. In cases where a PROPERTY abuts multiple public streets, the longest side will be used in determining the FRONT FOOT for a lot.

FRONTAGE. The line of contact of a PROPERTY with the PUBLIC RIGHT-OF-WAY or private street.

GRADE. The final ground elevation surrounding the base of a STRUCTURE or SIGN. Earth mounding for landscaping, berming, and/or screening is not part of the final GRADE for sign height computation.

HEIGHT OF SIGN. For FREESTANDING SIGNS, the HEIGHT OF THE SIGN shall be the vertical distance measured from the base of the SIGN at average GRADE, to the top of the highest attached component of the SIGN. For SIGNS attached to BUILDINGS, the height shall be the vertical distance from the lowest attached component of the SIGN to the highest attached component.

HIGHWAY COMMERCIAL DISTRICTS. The C2-North (C2-N) and C2-South (C2-S) zoning districts within the city as identified in the City's Zoning Code and on the City of Osseo's Official Zoning Map.

ILLUMINATED SIGN. Any SIGN illuminated by a source of light which is directly cast upon the exterior surface or face of the SIGN and intended to illuminate the SIGN by reflection, or which is illuminated from within or behind the SIGN so as to reflect or emanate light through the SIGN.

INFLATED SIGN. A SIGN consisting of a bag made of lightweight material supported by helium, hot, or pressurized air, which is secured to the ground or a STRUCTURE in some fashion, and which is greater than 18 inches in diameter.

INTERIOR SIGN. A SIGN which is located within the interior of any BUILDING or within an enclosed lobby or court of any BUILDING and which is primarily intended to be viewed from the interior of the BUILDING.

MANUFACTURING AND INDUSTRIAL DISTRICT. The M zoning district within the city as identified in the City's Zoning Code and on the City of Osseo's Official Zoning Map.

MONUMENT SIGN. Any FREESTANDING SIGN with its SIGN FACE mounted on the ground or mounted on a base, subject to the height limitations of the zoning district in which it is located.

MOVEABLE SIGN. A temporary SIGN, made of vinyl, paper, cloth or fabric, corrugated plastic, cardboard, plywood, or similar material, including SIGNS with wood or wire framing, posts, or stakes, supported by the ground but not permanently attached to the ground, which can be regularly moved from a location at periodic intervals, and which has a total height not exceeding four feet and a total area not exceeding six square feet. The term includes SANDWICH BOARD SIGNS. The term does not include BANNERS. A MOVABLE SIGN is not considered to be a PORTABLE TRAILERED SIGN.

MURAL. An image painted or applied on the exterior of a BUILDING wall or other permanent STRUCTURE and for which no more than 5% of the total area covered by the MURAL, or 100 square feet (whichever is less), consists of text.

NONCOMMERCIAL SPEECH. Speech not defined as COMMERCIAL SPEECH which includes, but is not limited to, speech concerning political, religious, social, ideological, public service, and informational topics.

NONCONFORMING SIGN. A SIGN which was lawful at the time of its construction but does not now conform to this subchapter.

OFF-PREMISE SIGN. A COMMERCIAL SPEECH SIGN which directs the attention of the public to a business, activity conducted, or product sold or offered at a location not on the same PROPERTY where such SIGN is located.

OVERHANG SIGN. A SIGN that overhangs sidewalk rights-of-way a maximum of one and one-half feet, with a minimum clearance of eight feet between the bottom of the OVERHANG SIGN and the sidewalk surface.

PENNANTS. Pieces of cloth, paper, plastic, or similar material intended to be individually supported or attached to each other by means of rope, string, or other material and intended to be hung on BUILDINGS or other STRUCTURES or between poles, and does not include any written material, graphic, or other form of copy.

PENNANT SIGN. A display of PENNANTS on one PROPERTY that exceed the sizes specified by § 153.092(A)(3)(e).

PORTABLE TRAILERED SIGN. Any SIGN which is manifestly designed to be transported, including by trailer or on its own wheels, even though the wheels of such sign may be removed and the remaining chassis or support is converted to another SIGN or attached temporarily or permanently to the ground. A SIGN mounted on a vehicle identifying a business when the vehicle is being used in the normal day to day operation of that business is not subject to the regulations set forth in this section, provided the vehicle is in operable condition, carrying a current, valid license tag, and the vehicle does not remain parked at the same location for 48 continuous hours. BANNERS, MOVABLE SIGNS, PENANTS, PENANT SIGNS, and SANDWICH BOARD SIGNS shall not be considered PORTABLE TRAILERED SIGNS for the purpose of this subchapter.

PRINCIPAL BUILDING. The BUILDING in which the principal use of the PROPERTY or site occurs. BUILDINGS with multiple principal uses shall not constitute multiple PRINCIPAL BUILDINGS but shall be considered a single BUILDING. Storage buildings, garages, and other clearly accessory buildings shall not be considered PRINCIPAL BUILDINGS.

PRINCIPAL ENTRANCE. The main public doorways, lobby, or access leading or entering into a building or structure. A PROPERTY with multiple PRINCIPAL BUILDINGS or a building with multiple tenants may have more than one PRINCIPAL ENTRANCE.

PROPERTY. Any lot or parcel of land which has been legally created and has been assigned a separate parcel identification number. If a lot or parcel of land falls under the provisions of § 153.131(B), all the lands involved shall constitute a single PROPERTY.

PUBLIC RIGHT-OF-WAY. The right-of-way for a public roadway, sidewalk, or alley.

PYLON SIGN. Any freestanding SIGN which has its supportive structure(s) anchored in the ground and which has a SIGN FACE elevated above ground level by pole(s) or beam(s) more than eight feet and with the area below the SIGN FACE open.

RESIDENTIAL DISTRICT. The R-1 and R-2 zoning districts within the city as identified in the City's Zoning Code and on the City of Osseo's Official Zoning Map.

RESIDENTIAL PROPERTY. Real property, consisting of one or more lots or parcels, on which a residential dwelling and/or any of its associated accessory BUILDINGS or STRUCTURES are located.

ROOF. The exterior surface and its supporting structure on the top of a BUILDING or STRUCTURE, the makeup of which conforms to the roof structures, roof construction, and roof covering sections of the State Building Code.

ROOF SIGN. Any SIGN erected and constructed wholly on or above the ROOF or parapet of a BUILDING or STRUCTURE and which is supported by the roof structure.

SANDWICH BOARD SIGN. A type of MOVEABLE SIGN that is a freestanding, self-supporting SIGN hinged at the top, or attached in a way that forms a shape similar to the letter "A" when viewed from the side, also commonly known and referred to as an A-frame sign or a springboard sign.

SEASONAL, HOLIDAY, and FESTIVE DECORATION. HOLIDAY or FESTIVE shall mean a calendar date or dates associated with a specific event or season including, but not limited to, New Year's Day, Martin Luther King Jr. Day, Valentine's Day, Passover, Holi, Ramadan, Easter, Memorial Day, Independence Day, Labor Day, Halloween, Thanksgiving, Hanukah, Christmas, Kwanza; DECORATION shall mean ornaments, figures, statutes, inflatable characters, seasonal lighting, and related products that are placed on a property for a temporary period of time in observance of a holiday or festival.

SETBACK, FRONT. The minimum horizontal distance permitted between the property line abutting the PUBLIC RIGHT-OF-WAY or private street and a STRUCTURE on the premises. In instances in which a PROPERTY fronts on more than one street, FRONT SETBACKS are required on all street FRONTAGES.

SETBACK, REAR. The minimum horizontal distance permitted between the PROPERTY line opposite the front of the lot and a STRUCTURE on the premises.

SETBACK, SIDE. The minimum horizontal distance permitted between the PROPERTY line on a side of the lot and a STRUCTURE on the premises.

SHIMMERING SIGN. A type of ANIMATED SIGN which reflects an oscillating or sometimes distorted visual image.

SIGN. Any letter, word or symbol, poster, picture, reading matter, or representation in the nature of advertisement, announcement, message, or visual communication, other than a FLAG or MURAL as defined in this section, whether painted, posted, printed, affixed, engraved, or constructed, including all associated brackets, braces, supports, wires, and structures, which is displayed for informational or communicative purposes. This definition shall also include FLAGS that exceed the sizes specified by § 153.092(A)(3)(e). The definition of SIGN in this section supersedes any other definition of SIGN contained in the City's Zoning Code.

SIGN FACE. The surface of a SIGN upon, against, or through which the message of the SIGN is exhibited.

SITE. A plot or parcel of land, or combination of contiguous lots or parcels of land, which are intended, designated, and/or approved to function as an integrated unit.

STRUCTURE. Any physical element which has been constructed and which is capable of supporting a SIGN. STRUCTURES include, but are not limited to, BUILDINGS, fences, poles, and posts.

TOTAL SITE SIGNAGE. The maximum combined area of all SIGNS allowed on a specific PROPERTY or SITE.

UNDEVELOPED LOT. A PROPERTY where no commercial BUILDING and no residential dwelling and/or any of its associated accessory BUILDINGS or STRUCTURES are located.

VISIBLE. Capable of being seen by a person of normal visual acuity, whether legible or not, without visual aid.

WALL. Any STRUCTURE which defines the exterior boundaries or courts of a BUILDING or STRUCTURE and which has a slope of 60° or greater with the horizontal plane.

WALL SIGN. Any BUILDING SIGN attached parallel to, painted on the surface of, or erected on, and confined within the limits of, an outside wall of any BUILDING or STRUCTURE, which is supported by such WALL or BUILDING, and which displays only one SIGN surface.

WINDOW SIGN. A SIGN affixed to or inside of a window in view of the general public. This does not include merchandise on display.

(Ord. 2018-4, passed 8-13-2018)

§ 153.092 ADMINISTRATION.

(A) Administration.

(1) Permit required.

(a) No class C sign, nor any other class of sign whose highest attached part is greater than six feet above the grade directly beneath the highest point, nor any sign exceeding six square feet in sign face area, except as otherwise specified herein, shall be erected, altered, reconstructed, maintained, or moved into or within the city without first securing a sign permit from the city. The content of the sign shall not be reviewed or considered in determining whether to approve or deny a sign permit, except to determine whether it is an off-premise sign based on its location. Applications for a permit may be for specific signs or may be in the form of an overall signage plan for the property. They shall be in writing on a form provided by the city. Permit applications shall be reviewed by the Zoning Administrator or their designee.

(b) The Zoning Administrator, or their designee, shall approve or deny the sign permit application in a manner consistent with the time lines required in M.S. § 15.99, or successor statute.

(c) Nothing in this section shall be construed or considered to exempt signs or structures from permit requirements contained in the Minnesota State Building Code.

(2) Permit application.

(a) Required information. Applications for a sign permit shall, at a minimum, include the following items:

1. Names, addresses, and signatures of the applicant, owners of the sign, and fee owner of the property upon which the sign is to be erected;

2. The address at which any sign is to be erected;

3. The legal description and Property Identification Number of the property or site upon which the signs are to be erected, and the street on which it fronts;

4. A complete set of plans showing the necessary elevations, distances, size, and details to fully and clearly represent the construction and placement of the sign and existing signs on the property;

5. All materials and information required to be provided to the city pursuant to the Minnesota State Building Code, if applicable;

6. The value of the sign;

7. The dimensions of the structure upon which the sign will be affixed, including a site drawing showing the scale of the structure;

8. The type of sign (for example, wall sign, monument, mural, and the like);

9. If the proposed sign is along a state trunk highway, county road, or interstate highway, the applicant may be required to provide proof that the applicant has obtained any necessary approvals from the responsible units of government for the sign; and

10. If the application includes class C signage, the dates the permit is requested to be in effect.

(b) For the purposes of the permit, all of the parties required to sign under division (A)(2)(a) of this section shall be considered joint applicants. All requirements of this section, including the ongoing maintenance for any sign erected within the city, shall be the joint and severable responsibility of the applicant(s).

(3) Permit exemptions. The following signs shall be exempt from the permit application requirements of this section. These exemptions, however, shall not be construed as relieving the owner of the sign from responsibility for its erection and ongoing maintenance, and its compliance with the provisions of this subchapter, or any other law or ordinance relating to maintenance, repair, and removal. The following signs are exempt from the requirement of obtaining a permit:

(a) Individual signs not exceeding one-half square feet in any zoning district. Such signage shall not be counted against any overall square footage requirement applicable to a property;

(b) Individual signs in the R-1, R-2, CBD, C2-N, C2-S, and M zoning districts, or located on public property with the approval of the appropriate public agency or body, which are:

1. Not greater than three square feet in size and with any letters or numbers not greater than six inches in height; or

2. Not greater than six square feet in size and with any letters or numbers not greater than three inches in height;

(c) Signs erected within a public right-of-way that are approved by the appropriate governmental agency with authority over the right-of-way. Such signage shall not be counted against any overall square footage requirement applicable to a property;

(d) The changing of the display surface or sign face on a previously approved and erected sign or complete replacement of a sign when such change or replacement would be consistent with a previously issued permit or a sign considered to be a legal nonconformity and would not require compliance with applicable building codes, unless such sign is an abandoned sign pursuant to the terms of this subchapter;

(e) Flags and pennants, subject to the following (any flags in excess of these amounts shall be regulated as a sign);

Zoning District	Maximum Size, Any 1 Flag or Display of Pennants	Maximum Size, Cumulative Per Site
CBD	250 square feet	300 square feet
C2-N, C2-S, M	250 square feet	600 square feet
R-1, R-2	40 square feet	50 square feet
PI	No max	No max

(f) Interior signs;

(g) Signs which do not meet the exemptions provided in divisions (A)(3)(a), (A)(3)(b), or (A)(3)(f), and are integrally attached to or part of:

1. Waste roll-offs, dumpsters, garbage cans, portable storage units, or other similar equipment owned and maintained by a commercial business for the purpose of waste collection or temporary storage; or

2. Construction materials or equipment;

(h) Personal property or motor vehicles such as, but not limited to, passenger vehicles, snowmobiles, all-terrain vehicles, trucks, semi-tractors and trailers, recreational vehicles, fish houses, boats, boat lifts, and trailers; when the vehicle or personal property is being used in the normal day to day operation of that business, provided the vehicle is in operable condition, carrying a current, valid license tag, and the vehicle does not remain parked at the same location for 48 continuous hours;

(i) Signs which are affixed on city-owned property or equipment, which have been approved by the city council or the Zoning Administrator, or their designee;

(j) Signs which are affixed on property owned by a county, state, or federal governmental body or a public school district unless specifically prohibited by this section;

(k) Signs required by law;

(l) Headstones, gravestones, grave markers, or other similar signs attached to, or adjacent to, a burial plot, columbarium, mausoleum, or the like; and

(m) Seasonal, holiday, or festive decoration in residential districts.

(4) Fees. Sign permit fees shall be established by resolution or ordinance of the City Council.

(5) Repairs and removal. The display surfaces of all signs shall be kept neatly painted or posted at all times. Every sign and the immediate surrounding premises shall be maintained by the owner or lessee of the property in a clean, sanitary, and inoffensive condition, and free and clear of all obnoxious substances, rubbish, and weeds. Signs which may be or may hereafter become rotted, unsafe, or unsightly shall be repaired or removed by the owner or lessee of the property upon which the sign stands upon reasonable notice by the city. Any sign which is not removed upon notice provided for under this section shall be subject to the removal provisions under § 153.094(C) of this code.

(6) Expiration. A sign permit shall expire if the work has not been substantially initiated within 180 days and substantially completed within one year of the date of the permit's issuance.

(7) Revocation. The Zoning Administrator or designee is hereby authorized and empowered to revoke any permit upon failure of the holder to comply with any provision of this code or with the terms of the permit at the time of its issuance. A permit holder may appeal a decision to revoke a permit pursuant to the process set forth in § 153.147. The revocation will be stayed pending a decision on an appeal.

(8) Permits for class C signage. Class C sign permits shall be available with the following restrictions.

(a) Permits shall be available at the frequency of three permits per property in any calendar year.

(b) Each permit shall be valid for seven or fewer consecutive calendar days.

(c) Proof of each permit shall be prominently displayed, at the same location as the permitted sign, during the period of the permit's validity.

(B) General provisions.

(1) Size. No individual sign shall exceed 150 square feet in area. All signs on the property shall be included in the square footage measurement with the exception of signs otherwise exempted by this subchapter.

(2) Placement.

(a) Moveable signs including, but not limited to, sandwich board signs and feather banners, shall not be placed in the public right-of-way, except as an outside display area allowed by § 153.054. Moveable signs shall not be permanently affixed to any structure, and moveable signs in the right-of-way may only be displayed during the hours that the principal use is open for business.

(b) Window signs shall not be placed so as to occupy more than 25% of the window space of the frontage displaying the sign(s).

(3) Regulations.

(a) General.

1. Except as hereinafter provided, no sign shall be erected or maintained at any angle to a building or structure which extends over a property line, street, alley, sidewalk, highway, utility easement, or other public property.

2. Overhang signs. Buildings that are permitted to be constructed with no setback from property lines are permitted to have mounted signs that overhang sidewalk rights-of-way a maximum of one and one-half feet, with a minimum clearance of eight feet between the bottom of the overhang sign and the sidewalk surface.

(b) Electronic message display (EMD) signs. Properties where an EMD is permitted may only construct or modify an EMD under a conditional use permit identifying the EMD as an approved conditional use.

(4) Electrical signs. Electrical signs must be installed in accordance with the current Electrical Code and all necessary electrical and building permits must be obtained prior to placement.

(5) Signs prohibited in all zoning districts. The following signs are prohibited signs in all districts and areas within the city:

(a) 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 signal, or which attempts to direct the movement of traffic, or which, in the discretion of the Zoning Administrator, hides from view or interferes with the effectiveness of any official traffic control device, roadway, intersection, or any railroad sign or signal. This section does not include signs, signals, markings, or devices which are installed and maintained by or under agreement with a unit of government;

(b) Abandoned signs;

(d) Signs painted, attached, engraved, etched, or in any other manner affixed to public utility poles, bridges, towers, streetlights, or similar public structures except as otherwise provided herein;

(e) Any sign larger than three square feet which is animated, or which moves or rotates, including animated signs and flashing signs, but excluding class C signage as permitted by this subchapter.

(6) Setbacks. Freestanding signs shall conform to building setback regulations for the zoning district in which the signs are located, except as otherwise specified in this section. Setbacks shall be measured to the outermost portion of the sign.

	R-1	R-2	CBD	C2-N, C2-S, M	PI
Front yard setback	1 foot	5 feet	2 feet	10 feet	0 feet
Side yard setback	10 feet	5 feet	2 feet	5 feet	0 feet
Rear yard setback	10 feet	5 feet	2 feet	5 feet	0 feet
Rear/side yard setback abutting R district	Not applicable	10 feet	10 feet	10 feet	10 feet

(7) Area. The area within the frame shall be used to calculate the square footage except that the width of a frame exceeding six inches shall constitute sign face, and if such letters or graphics be mounted directly on a wall or fascia or in such way as to be without a frame, the dimensions for calculating the square footage shall be the area extending six inches beyond the periphery formed around such letters or graphics in a plane figure bounded by straight lines connecting the outermost points thereof, unless exact dimensions can be provided by the applicant. Symbols, pictures, wording, figures, or other forms of graphics painted on or attached to walls, awnings, freestanding structures, or suspended by balloons or inflated signs, are considered a sign and are included in calculating the overall square footage. The area of a sign with more than one visible sign face will be calculated as the sum of the area of each sign face divided by two.

(8) Illumination. External illumination for signs shall be constructed and maintained so that the source of light is not visible from the public right-of-way or residential property.

(9) Retroactive effect. This section shall apply to all sign applications made but not yet issued prior to its effective date.

(10) Noncommercial speech. Notwithstanding any other provisions of this section, the noncommercial speech exemption provided by M.S. § 211B.045 (or successor statute), is hereby incorporated by reference.

(Ord. 2018-4, passed 8-13-2018)

§ 153.093 ZONING DISTRICT RULES.

(A) Residential District R-1. Within the R-1 zoning district, nonexempt signs are allowed as follows.

(1) Maximum sign area for a single sign is eight square feet.

(2) Cumulative maximum sign area for all nonexempt signs is 16 square feet.

(3) Maximum proportion of cumulative maximum sign area allocable to class A, B, or C signs is 100%.

(4) Maximum height of a sign is six feet.

(5) The following types of signs are prohibited in the R-1 zoning district:

(a) Awning signs;

(b) Bench signs;

(d) Inflated signs;

(e) Illuminated signs, except where specifically allowed;

(f) Off-premise signs;

(g) Portable trailered signs;

(h) Pylon signs; and

(i) Signs prohibited in all zoning districts.

(B) Residential District R-2. Within the R-2 zoning district, nonexempt signs are allowed as follows.

(1) Within 30 feet of a traveled public road right-of-way. One sign up to 32 square feet in size, which may be externally illuminated, with a maximum height of seven feet. Properties which front upon more than one street may have up to one such sign per street frontage.

(2) For all other signs not allowed under division (A)(2)(a) of this section:

(a) Maximum height of a sign is six feet;

(b) Maximum sign area for a single sign is eight square feet;

(d) Maximum proportion of cumulative maximum sign area allocable to class A signs is 90%;

(e) Maximum proportion of cumulative maximum sign area allocable to class B signs is 70%;

(f) Maximum proportion of cumulative maximum sign area allocable to class C signs is 10%;

(g) The following types of signs are prohibited in the R-2 zoning district:

1. Electronic message display signs;

2. Illuminated signs, except where specifically allowed;

3. Off-premise signs;

4. Pennant signs;

5. Portable trailered signs;

6. Pylon signs; and

7. Signs prohibited in all zoning districts.

(C) Permitted nonresidential uses in residential districts. Within any residential zoning district, where a property contains a legal nonresidential use authorized by issuance of a conditional use permit, nonexempt signs are allowed as follows.

Residential Zoning Districts - R-1 and R-2
Maximum sign area of a single sign	32 square feet
Maximum height of a sign	8 feet
Cumulative maximum sign area of all nonexempt signs^	100 square feet
Maximum percentage of CMSA allocable to class A signs	90%
Maximum percentage of CMSA allocable to class B signs	50%
Maximum percentage of CMSA allocable to class C signs	10%

(1) Within 30 feet of a traveled public road right-of-way. One sign which may be externally illuminated. Properties which front upon more than one street may have up to one such sign per street frontage; and

(2) For all other signs not allowed under division (A)(3)(a) of this section. No signs which are specifically prohibited in the R-2 zoning district may be erected upon a property that contains a legal nonresidential use as outlined in this section.

(D) Central Business District.

(1) Within the central business zoning district, nonexempt signs are allowed on developed lots as follows.

Central Business Zoning District - CBD
Maximum sign area of a single sign*	50 square feet
Maximum height of a sign	8 feet
Cumulative maximum sign area of all nonexempt signs**,^	2 square feet per linear front foot
Maximum percentage of CMSA allocable to class A signs	70%
Maximum percentage of CMSA allocable to class B signs	20%
Maximum percentage of CMSA allocable to class C signs	10%
, * The maximum sign area of a single sign may not be larger than the cumulative maximum sign area of all nonexempt signs. This includes instances where the cumulative maximum sign area calculation prohibits any single sign from meeting the maximum sign area, in which case, the more restrictive requirement limiting total cumulative sign area shall apply.

(2) The following types of signs are prohibited in the Central Business zoning district:

(a) Electronic message display signs on developed properties that do not have a conditional use permit allowing an EMD as an approved conditional use accessory to the property's principal use;

(b) Off-premise signs;

(d) Pylon signs; and

(e) Signs prohibited in all zoning districts.

(E) Highway Commercial and Manufacturing and Industrial Districts.

(1) Within the Highway Commercial and Manufacturing zoning districts, nonexempt signs are allowed on developed lots as follows.

Highway Commercial and Manufacturing Zoning Districts - C2-N, C2-S, M
Maximum sign area of a single sign*	150 square feet
Maximum height of a sign	15 feet
Cumulative maximum sign area of all nonexempt signs**, ^	4 square feet per linear front foot
Maximum percentage of CMSA allocable to class A signs	70%
Maximum percentage of CMSA allocable to class B signs	25%
Maximum percentage of CMSA allocable to class C signs	5%
, * The maximum sign area of a single sign may not be larger than the cumulative maximum sign area of all nonexempt signs. This includes instances where the cumulative maximum sign area calculation prohibits any single sign from meeting the maximum sign area, in which case, the more restrictive requirement limiting total cumulative sign area shall apply.

(2) The following types of signs are prohibited in the C2-N, C2-S, & M zoning districts:

(a) Electronic message display signs on developed properties that do not have a conditional use permit allowing an EMD as an approved conditional use accessory to the property's principal use;

(b) Off-premise signs; and

(F) Public Institution (PI) District.

(1) Within the PI zoning district, nonexempt signs are allowed on developed lots as follows.

Public Institution Zoning District - PI
Maximum sing area of a single sign	150 square feet
Maximum height of a sign	25 feet
Cumulative maximum sign area of all nonexempt signs^	5% of lot area
Maximum percentage of CMSA allocable to class A signs	90%
Maximum percentage of CMSA allocable to class B signs	50%
Maximum percentage of CMSA allocable to class C signs	10%

(2) The following types of signs are prohibited in PI zoning districts:

(a) Awning signs;

(b) Bench signs; and

(G) Undeveloped lots in CBD, C2-N, C2-S, and M districts.

(1) Within the specified non-residential districts, nonexempt signs are allowed on undeveloped lots as follows.

Non-Residential Zoning Districts - CBD, C2-N, C2-S, M, PI
Maximum sign area of a single sign	40 square feet
Maximum height of a sign	8 feet
Cumulative maximum sign area of all nonexempt signs^	40 square feet
Maximum percentage of CMSA allocable to class A signs	25%
Maximum percentage of CMSA allocable to class B signs	75%
Maximum percentage of CMSA allocable to class C sign	0%

(2) The following types of signs are prohibited on undeveloped lots in the specified zoning districts:

(a) Attached signs;

(b) Awning signs;

(d) Building signs;

(e) Electronic message display signs;

(f) Inflated signs;

(g) Illuminated signs;

(h) Off-premise signs;

(i) Pennant signs;

(j) Portable trailered signs; and

(k) Signs prohibited in all zoning districts.

(Ord. 2018-4, passed 8-13-2018)

§ 153.094 MISCELLANEOUS PROVISIONS.

(A) Noncommercial speech; substitution clause. The owner of any sign which is otherwise allowed by this subchapter may substitute noncommercial copy in lieu of any other noncommercial or 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 noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This provision prevails over any more specific provision to the contrary.

(B) Nonconforming signs. Nonconforming signs shall be treated like other nonconforming uses as provided in § 153.130 of this code, or as otherwise specified in state statute.

(1) Administration. The provisions of this subchapter shall be administered and enforced by the Zoning Administrator, or their designee who may have other municipal duties. Their duties shall include, but not be limited to:

(a) Determining whether all sign permit applications comply with the terms of this subchapter; and

(b) Conducting site inspections to determine compliance with the terms of this subchapter.

(2) Variances. Any request for variation from the provisions of this subchapter shall be brought under the terms of § 153.150 of this code and applicable Minnesota State Law.

(3) Appeals. Any appeal to a decision made under this subchapter shall be brought under the terms of § 153.147 of this code.

(4) Unlawful signs. Signs placed upon public property, or within the public right-of- way, or in violation of the terms of this section, shall be immediately determined to be abandoned under this section. Abandoned signs shall be subject to removal by the city. Upon removal, the Zoning Administrator, or their designee, shall mark the date of removal of the sign and hold it for 45 days at the city offices. The owner of the sign may collect the sign from the city offices at any point during that time. If the sign is not retrieved within 45 days, the city may destroy the sign.

(D) Violations; separate offense. Each day that the violation continues shall constitute a separate offense. Violations of this subchapter shall be deemed a misdemeanor.

(Ord. 2018-4, passed 8-13-2018)

§ 153.098 SIGN HANGERS; PROOF OF INSURANCE.

The city has the discretion to require sign hangers to present or show proof of insurance at any time.

(1997 Code, § 25.11) (Ord. passed 11-14-1994)

§ 153.099 MORATORIUM ON OFF-SITE, FREESTANDING SIGNS.

(B) Findings and purpose. There is a need to study signage within the existing ordinances of the city so as to address the location, construction, altering, development, erection, placement, reconstruction, or enlargement of off-site, freestanding signs; and to determine these and other issues so as to realistically assess the manner of regulatory controls that may need to be adopted by the city affecting the location, deployment, and use of such signage; and to provide for the public health, safety, and welfare of all individuals. The City Council will be studying all such related issues through the City Planner and Planning Commission. A moratorium is required in order to protect this planning process.

(C) Moratorium established and scope. In accordance with the findings set forth within this section and pursuant to the authority of M.S. § 462.355, Subd. 4, there is hereby established a moratorium on the location, construction, altering, development, erection, placement, reconstruction, or enlargement of any signage or like structures within the city. During the period of time of the moratorium application for sign permits for off-site, freestanding signage and all other permits and approvals related to such work shall not be accepted by the city.

(D) Applicability. The moratorium shall be applied upon real property designated within all zoning districts of the city.

(F) Penalty. Any person, corporation or other entity that constructs, erects, reconstructs, enlarges locates or expands a sign structure or related facility in violation of this section shall be guilty of a misdemeanor and shall be subject to any legal and/or equitable remedies available to the city.

(G) Effective date. This section shall be in full force and effect from and after its passage and publication according to law and shall remain effective until August 31, 2010, unless shortened or further extended by order of the City Council.

(Ord. 2008-8, passed 9-8-2008; Am. Res. 2009-53, passed 8-24-2009)

§ 153.110 DEFINITION.

For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

PLANNED UNIT DEVELOPMENT or PUD. A zoning district which may include single or mixed uses, one or more lots or parcels, intended to create a more flexible, creative, and efficient approach to the use of land, and subject to the procedures, standards, and regulations contained in this subchapter. The planned development provisions are intended to:

(1) Protect natural features in private, common, or public open space;

(2) Improve the efficiency of public streets and utilities;

(3) Provide transitions in land use in keeping with the character of adjacent land use; or

(4) Improve the arrangement of structures, facilities, and amenities on a site for both private and public benefit.

(1997 Code, § 25.12) (Ord. passed 11-14-1994; Am. Ord. passed 2-25-2002)

§ 153.111 DEVELOPMENT REVIEW COMMITTEE.

The Development Review Committee referred to in this subchapter shall be appointed by the City Council, consisting of representatives from the City Council, Planning Commission, Economic Development Authority, and the city at large, and will conduct a review of all development plans.

(1997 Code, § 25.12) (Ord. passed 11-14-1994; Am. Ord. passed 2-25-2002)

§ 153.112 ALLOWANCES.

(A) Variety. Within a comprehensive site design concept, a mixture of land uses, housing types, and densities may be allowed.

(B) Sensitivity. Through the departure from the strict application of required setbacks, yard areas, lot sizes, minimum house sizes, minimum requirements, and other performance standards associated with traditional zoning, planned unit development can maximize the development potential of land while remaining sensitive to its unique and valuable natural characteristics.

(C) Efficiency. The consolidation for recreation and reductions in street lengths and other utility-related expenses may be achieved.

(D) Density transfer. The project density may be clustered, basing density on number of units per acre versus specific lot dimensions.

(E) District integration. The combination of uses which are allowed in separate zoning districts, such as:

(1) Mixed residential allows both densities and unit types to be varied within the project;

(2) Mixed residential with increased density acknowledges the greater sensitivity of PUD projects; regulation provides density on the property if a PUD is utilized; and

(3) Mixed land uses with the integration of compatible land uses within the project may be allowed in a planned unit development.

(1997 Code, § 25.12) (Ord. passed 11-14-1994; Am. Ord. passed 2-25-2002)

§ 153.113 ALLOWED USES.

Uses within the PUD may include only those uses generally considered associated with the general land use category shown for the area on the official Comprehensive Land Use Plan. However, in some unique situations, the PUD may allow the approval of use or uses that are not listed as either permitted or conditional uses in any underlying zoning district. The specific allowed uses and performance standards for each PUD shall be delineated in an ordinance and development plan. The PUD development plan shall identify all the proposed land uses, and those uses shall become permitted uses when the development plan is approved. Any change in the list of uses presented in the development plan will be considered an amendment to the PUD and will follow the procedures as specified in § 153.152 of this code.

(1997 Code, § 25.12) (Ord. passed 11-14-1994; Am. Ord. passed 2-25-2002)

§ 153.114 REQUIRED STANDARDS.

The city shall consider the proposed PUD from the point of view of all standards and purposes of the Comprehensive Land Use Plan to achieve a maximum coordination between the proposed development and the surrounding uses, the conservation of woodlands and wetlands, and the protection of health, safety, and welfare of the community and residents of the PUD. To these ends, the City Council shall consider the location of the buildings, compatibility, parking areas, and other features with respect to the topography of the area and existing natural features such as streams and large trees; the efficiency, adequacy, and safety of the proposed layout of internal streets and driveways; and other matters as the City Council may find to have a material bearing upon the stated standards and objectives of the Comprehensive Land Use Plan.

(1997 Code, § 25.12) (Ord. passed 11-14-1994; Am. Ord. passed 2-25-2002)

§ 153.115 REVISIONS OR CHANGES.

(A) Minor changes in location, placement, and height. Minor changes in the location, placement, and height of structures may be recommended by the Development Review Committee if required by engineering or other circumstances not foreseen at the time the final plan was approved and filed with the City Planner.

(B) Significant changes in use, location, size, and height. Changes in uses, significant changes in location, size, or height of structures, any rearrangement of lots, blocks, and building tracts, changes in provision of common open spaces, and all other changes to the approved final development plan may be made only after a public hearing conducted by the Planning Commission. Upon determination by the Development Review Committee that a major change has been proposed, the applicant shall apply for an amended PUD. The application to amend the PUD shall be treated as a rezoning application. The Planning Commission shall hold a hearing as set forth in § 153.152 of this code, and make recommendations to the Council. Any changes shall be recorded as amendments to the recorded copy of the final development plan.

(C) Provisions of original district apply. All of the provisions of the chapter applicable to the original district within the planned unit development district as established shall apply to the amended PUD district except as otherwise provided in approval of the final plan. The effective date of the PUD shall be after:

(1) Approval of the PUD amendment and text; and

(2) Publication of the ordinance.

(D) Review. If substantial development has not occurred within a reasonable time after approval of the PUD zoning district, the City Council may instruct the Planning Commission to initiate rezoning to the original zoning district. It shall not be necessary for the City Council to find that the rezoning was in error.

(E) Formal review periods. Within the PUD agreement, the city may schedule formal City Council review periods on an annual or five-year basis to ascertain that actual development on the site meets the conditions of the approved PUD.

(1997 Code, § 25.12) (Ord. passed 11-14-1994; Am. Ord. passed 2-25-2002)

§ 153.116 PHASING SCHEDULE; PERFORMANCE GUARANTEE.

(A) Comparison with approved development schedule. The Planning Commission shall compare the actual development accomplished in the various PUD zones with the approved development schedule.

(B) Extension of limits of development schedule. Upon recommendation of the Planning Commission and for good cause shown by the property owner, the City Council may extend the limits of the development schedule.

(C) Construction rates of dwelling and open space. The construction and provision of all of the common open space and public and recreational facilities which are shown on the final development plan must proceed at the same rate as the construction of dwelling units, if any. The Development Review Committee shall review all of the building permits issued for the PUD and examine the construction which has taken place on the site. If it finds that the rate of construction of dwelling units is greater than the rate at which common open spaces and public and recreational facilities have been constructed and provided, it shall forward this information to the City Council for action.

(D) Performance bond. A performance bond or letter of credit shall be required to guarantee performance by the developer. The amount of this bond or letter of credit and the specific elements of the development program that it is intended to guarantee will be stipulated in the development agreement.

(1997 Code, § 25.12) (Ord. passed 11-14-1994; Am. Ord. passed 2-25-2002)

§ 153.117 CONTROL OF PUD FOLLOWING COMPLETION.

(A) Final development plan governs. After the certificate of occupancy has been issued, the use of the land and the construction, modifications, and alterations of any buildings or structures within the planned development shall be governed by the final development plan.

(B) Changes after issuance of certificate of occupancy. After the certificate of occupancy has been issued, no changes shall be made in the approved final development plan except upon application as provided below.

(1) Any minor extensions, alterations, or modifications of proposed or existing buildings or structures may be recommended by the Development Review Committee if they are consistent with the purposes and intent of the final plan. No change authorized by this section may increase the footprint of any building or structure, the number of required access points, or parking spaces by more than 10%.

(2) Any building or structure that is totally or substantially destroyed may be reconstructed only in compliance with the final development plan unless an amendment to the final development plan is approved under this chapter.

(3) Changes in the use of the common open spaces may be recommended by an amendment to the final development plan by the Planning Commission after a public hearing as provided in § 153.152 of this code and without all the documents necessary for the original application.

(4) Any other changes in the final development plan must be authorized by an amendment of the final development plan under this chapter.

(C) Additional action by city. Nothing herein contained shall prevent the city from taking other lawful action as is necessary to prevent or remedy any violation.

(1997 Code, § 25.12) (Ord. passed 11-14-1994; Am. Ord. passed 2-25-2002)

§ 153.118 APPLICATION; PLANS AND PROCEDURES.

(A) Application conference. Upon filing of an application for a PUD, the applicant of the proposed PUD shall arrange for and attend a conference with the City Planner. The primary purpose of the conference shall be to provide the applicant with an opportunity to gather information and obtain guidance as to the general suitability of applicant’s proposal for the area for which it is proposed and its conformity to the provisions of this chapter before incurring substantial expense in the preparation of plans, surveys, and other data.

(B) Sketch plan. The sketch plan provides an opportunity for an applicant to submit an informal plan to the city showing the applicant’s basic intent and general nature of the development. The sketch plan is optional and is intended to provide feedback from the Planning Commission before the applicant incurs substantial cost in the preparation of formal plans. The sketch plan shall be considered a partial, incomplete application prior to formal submittal of the complete application and scheduling of hearings.

(C) General concept plan. The purpose of a general development concept plan is to formally present a planned unit development and preliminary plat application in a public hearing before the Planning Commission as set forth in §§ 153.110 et seq. and 153.145 et seq. of this code. The plan shall include the following:

(1) Overall maximum PUD density range;

(2) General location of major streets and pedestrian ways;

(3) General location and extent of public and common and open space;

(4) General location of residential and non-residential land uses with approximate type of intensities of development;

(5) Staging and time schedule of development; and

(6) Other special criteria for development.

(D) Final development plan. Following general concept development approval, if given, the applicant shall submit the final development stage application and final plat. The application shall proceed and be acted upon in accordance with §§ 153.145 et seq. of this code for zoning district changes. If appropriate, because of the limited scale of the proposal, the concept stage and development stages may proceed simultaneously.

(1) Schedule.

(a) The developer meets with the City Planner to discuss the proposed developments.

(b) The applicant shall file the concept plan application and preliminary plat, together with all supporting data.

(c) Within 30 days after verification by the City Planner that the required plan and supporting data are adequate, the Planning Commission shall hold a public hearing as provided for in §§ 153.110 et seq. and 153.145 et seq. of this code.

(d) The Planning Commission shall conduct the hearing and report its findings and make recommendations to the City Council. The procedure shall be that set forth in §§ 153.110 et seq. and 153.145 et seq. of this code.

(e) The city may request additional information from the applicant concerning operational factors or retain expert testimony at the expense of the applicant concerning operational factors.

(f) If the Planning Commission fails to make a report within ten days after completion of the hearing, then the City Council may proceed as provided for in §§ 153.110 et seq. and 153.145 et seq. of this code without the report. The City Council shall assign an ordinance numerical reference to each final plan and PUD agreement text approved. The City Council may attach additional conditions as it deems reasonable. Approval shall require a majority vote of the City Council. After approval by the City Council, the PUD zoning ordinance map amendment shall be published, with reference made to the PUD agreement text. The applicant shall be responsible for recording the ordinance and PUD agreement with the County Recorder’s Office prior to issuance of any building permit or within 60 days, whichever is less. The official PUD ordinance and agreement shall also be filed in the Administrator-Clerk-Treasurer’s office.

(2) Applications. Ten copies of the following exhibits, analyses, and plans shall be submitted to the city (general concept plan):

(a) General information.

1. The landowner’s name and address and the landowner’s interest in the subject property;

2. The applicant’s name and address if different from the landowner;

3. The names and addresses of all professional consultants who have contributed to the development of the PUD plan being submitted, including attorney, land planner, engineer, and surveyor; and

4. Evidence that the applicant has sufficient control over the subject property to effectuate the proposed PUD, including a statement of all legal, beneficial, tenancy, and contractual interests held in or affecting the subject property and including an up-to-date certified abstract of title or registered property report and other evidence as the City Attorney may require to show the status of title or control of the subject property.

(b) Present status.

1. The address and legal description of the property;

2. The existing zoning classification and present use of the subject property and all lands within 1,000 feet of the property;

3. A map depicting the existing development of the property and all land within 1,000 feet thereof and indicating the location of existing streets, property lines, easements, water mains, and storm and sanitary sewers, with invert elevations on and within 100 feet of the property;

4. A written statement generally describing the proposed PUD and the market which it is intended to serve and its demand, showing its relationship to the city’s Comprehensive Plan and how the proposed PUD is to be designed, arranged, and operated in order to permit the development and use of neighboring property in accordance with the applicable regulations of the city;

5. Site conditions; graphic reproductions of the existing site conditions at a scale of one inch equals 100 feet:

a. Contours; minimum two-foot intervals;

b. Area devoted to residential use by building type;

c. Area devoted to common open space;

d. Area devoted to public open space;

e. Approximate area devoted to streets;

f. Approximate area devoted to, and number of, off-street parking and loading spaces and related access;

g. Approximate area and floor area devoted to commercial uses; and

h. Approximate area and floor area devoted to industrial or office use.

6. When the PUD is to be constructed in stages during a period of time extending beyond a single construction season, a schedule for the development of the stages or units shall be submitted stating the approximate beginning and completion date for each stage or unit, and the proportion of the total PUD public or common open space and dwelling units to be provided or constructed during each stage, and overall chronology of development to be followed from stage to stage;

7. When the proposed PUD includes provisions for public or common open space or service facilities, a statement describing the provision that is to be made for the care and maintenance of the open space or service facilities;

8. Any restrictive covenants that are to be recorded with respect to property included in the proposed PUD;

9. Schematic utilities plans indicating placement of water, sanitary, and storm sewers;

10. The city may excuse an applicant from submitting any specific item of information or document required in this stage which it finds to be unnecessary to the consideration of the specific proposal; and

11. The city may require the submission of any additional information or documentation which it may find necessary.

(c) Final plan stage. Final plan stage submission should depict and outline the proposed implementation of the general concept plan for the PUD. Information from the general concept plan may be included for background and to provide a basis for the submitted plan. The final plan stage submissions shall include, but not be limited to:

1. Ten sets of preliminary plans drawn to a scale of not less than one inch equals 100 feet, or a scale requested by the City Planner, containing at least the following information:

a. The proposed name of the development, which shall not duplicate nor be similar in pronunciation to the name of any plat previously recorded in the county where the subject property is situated;

b. Property boundary lines and dimensions of the property and any significant topographical or physical features of the property;

c. The location, size, use, and arrangement, including height in stories and feet and total square feet of ground area coverage and floor area of proposed buildings, including mobile homes and existing buildings which will remain, if any;

d. The location and dimensions of all driveways, entrances, curb cuts, parking stalls, loading spaces, and access aisles, and all other circulation elements, including bike and pedestrian, and the total site coverage of all circulation elements;

e. The location, designation, and total area of all common open space;

f. The location, designation, and total area proposed to be conveyed or dedicated for public open space, including parks, playgrounds, school sites, and recreational facilities;

g. Proposed lots and blocks, if any, and numbering system;

h. The location, use, and size of structures and other land uses on adjacent properties;

i. Detailed sketches and provisions of proposed landscaping;

j. General grading and drainage plans for the developed PUD; and

k. Any other information that may have been required by the Planning Commission or City Council in conjunction with the approval of the general concept plan.

2. An accurate legal description of the entire area within the PUD for which final development plan approval is sought;

3. A tabulation indicating the number of residential dwelling units and expected population;

4. A tabulation indicating the gross square footage, if any, of commercial and industrial floor space by type and activity (such as drug store, dry cleaning, supermarket);

5. Preliminary architectural typical plans indicating use, floor plan, elevations, and exterior wall finishes of proposed building including mobile homes;

6. A detailed site plan, suitable for recording, showing the physical layout, design, and purpose of all streets, easements, rights-of-way, utility lines and facilities, lots, blocks, public and common open space, general landscaping plan, structures, including mobile homes, and uses;

7. Preliminary grading and site alteration plan illustrating changes to existing topography and natural site vegetation. The plan should clearly reflect the site treatment and its conformance with the approved concept plan; and

8. A soil erosion control plan acceptable to watershed districts, Department of Natural Resources, Soil Conservation Service, or any other agency with review authority, clearly illustrating erosion control measures to be used during construction and permanent measures.

(1997 Code, § 25.12) (Ord. passed 11-14-1994; Am. Ord. passed 2-25-2002)

§ 153.130 NON-CONFORMING STRUCTURES AND USES.

(A) Existing uses. The lawful use of any land or building existing at the time of the adoption of this zoning chapter on November 14, 1994 may be continued, at the size and in the manner of operation existing on that date, even if the use does not conform to the regulations of this chapter, and if the use has not at any time been discontinued and continues to exist on the date of the adoption of this chapter. The use, however, shall be subject to the provisions following in this subchapter.

(B) Non-conforming use not made conforming. The use of any land or buildings that did not conform to the provisions of the prior city zoning ordinance adopted December 29, 1955, or amendments thereto, do not become conforming uses under this chapter unless specifically provided in this chapter. This chapter does not make permitted uses out of any uses that were not permitted under the prior city zoning ordinance unless specifically permitted by this chapter.

(1) Repair or maintenance. A non-conforming building or structure may be repaired or maintained, subject to the limitations of this chapter.

(2) Enlargement. A non-conforming building or structure shall not be added to or enlarged in any manner unless the additions or enlargements are made to bring the building or structure into conformity with the regulations of this chapter.

(3) Restoration. A non-conforming building or structure which is damaged by fire or other cause to an extent of more than 50% of its market value shall not be restored except in conformity with the regulations of this chapter. However, if a building permit has been applied for within 180 days of when the building or structure is damaged, then the building or structure may be restored to its pre-damage non-conforming status subject to the applicability of the Minnesota State Building Code and other requirements of the Osseo Code of Ordinances.

(4) Maintenance. Normal maintenance of a non-conforming building or structure is permitted; including necessary non-structural repairs and incidental alterations which do not physically extend or intensify the non-conforming use.

(5) Enlargement or alteration. No non-conforming structure or use shall be enlarged, increased, or extended to occupy a greater area than was occupied when the use became non-conforming, except in the following case: a non-conforming use may be extended throughout any parts of a building which were arranged or designed for that use when the use became non-conforming, but no such use shall be extended to occupy land outside the building.

(6) Relocation. No non-conforming use or structure shall be moved in whole or in part to any other part of the parcel of land upon which the same was conducted at the time of passage of this chapter, nor shall that use or structure be moved in whole or in part to any other lot, except to bring it into conformance with the regulations of this chapter.

(7) Discontinuance or abandonment. A non-conforming use or structure that has been discontinued or abandoned for more than one year shall not be re-established, and any future use shall be in conformity with the regulations of this chapter.

(8) Status change. A non-conforming use of a building or land may be changed to a similar non-conforming use or a more restrictive non-conforming use. Once a structure or parcel of land has been changed to a more restrictive non-conforming use, it shall not return to a less restrictive use.

(a) When a non-conforming structure or use of land has been changed to a conforming use, it shall not thereafter be changed back to a non-conforming use.

(b) When a non-conforming use or structure meets the requirements for, and is granted, a conditional use permit as an allowed conditional use in that district, the use or structure is thereafter deemed a conforming use.

(1997 Code, § 25.07) (Ord. passed 11-14-1994; Am. Ord. 2006-3, passed 5-8-2006) Penalty, see § 10.99

§ 153.131 NON-CONFORMING LOTS OF RECORD.

(A) Dwellings on small lots. In any district in which one-family dwellings are permitted, a one-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter, notwithstanding limitations imposed by other provisions of this chapter. The lot must be in separate ownership. This provision shall apply even though the lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which the lot is located, but in no case shall building be permitted on a lot less than 50 feet in width. Variance of yard requirements shall be obtained only through action of the Board of Appeals.

(B) Lots in the same ownership. If two or more lots, or combinations of lots and portions of lots, with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter, and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of the parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this chapter.

(1997 Code, § 25.07) (Ord. passed 11-14-1994) Penalty, see § 10.99

§ 153.145 ZONING OFFICER; ADMINISTRATOR.

(A) Zoning Officer. The specific duties of the Zoning Officer include:

(1) Providing zoning information upon request;

(2) Receiving applications for conditional use permits, variances, amendments, and appeals, referring the applications to the appropriate official body, notifying affected property owners of required public hearings, and publishing notice of the hearings;

(3) Notifying applicants for conditional use permits, variances, amendments, and appeals of actions taken by the official bodies relative to their applications;

(4) Periodically inspecting buildings, structures, and uses of land to determine compliance with the terms of this chapter. In regard to performance standards, the Zoning Officer may require the services of a testing laboratory to determine compliance. The cost of employing the laboratory shall be paid for by the owner if a violation of this chapter is established, otherwise by the city;

(5) Investigating violations, notifying persons accused of violations and describing the nature thereof, and initiating appropriate actions against violators as provided by law;

(6) Maintaining permanent and current records of this chapter and the official Zoning Map, including but not limited to special use permits, variances, amendments, appeals, and applications therefor; and

(7) Ordering discontinuance of illegal use of land, buildings, or structures; ordering removal of illegal buildings, structures, additions, alterations; ordering discontinuance of illegal work being done; or taking any other action authorized by this chapter to insure compliance with or to prevent violation of its provisions.

(B) Administrator. This chapter shall be administered and enforced by the Administrator who is appointed by the City Council. The Administrator may institute in the name of the city appropriate actions or proceedings against a violator as provided by statute, charter, code provision, or ordinance.

(1997 Code, § 25.12) (Ord. passed 11-14-1994) Penalty, see § 10.99

§ 153.146 BOARD OF APPEALS.

(A) Statutory authority. M.S. § 462.354, as it may be amended from time to time, requires any municipality having in effect a zoning ordinance to provide by ordinance for a board of appeals and adjustments. The statute also states that the governing body may provide, alternatively, that there be a separate board of appeals and adjustments, or that the governing body, the planning commission, or a committee of the planning commission serve as the board of appeals and adjustments, and it may provide an appropriate name for the board. The board may be given other duties as the governing body may direct.

(B) Establishment. The City Council is hereby established as the required board of appeals and adjustments, this board to be herein referred to as the Board of Appeals or the Board. The City Council, acting as the Board of Appeals, shall be vested with that administrative authority as is hereinafter provided or as provided by state law.

(1) To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by the Zoning Officer;

(2) To hear and decide requests for variances from the literal provisions of this chapter; and

(3) To interpret the meaning of the chapter in cases of ambiguity and to make rulings with respect to the application of the provisions.

(D) Proceedings.

(1) The Board of Appeals shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this chapter.

(2) Meetings shall be held at the call of the Chair and at other times as the Board may determine. The Chair, or in his or her absence, the Acting Chair, may request the attendance of witnesses. All meetings shall be open to the public.

(3) The Board of Appeals shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating that fact, and shall keep records of its examinations and other official actions, all of which shall be a public record and be immediately filed in the office of the Administrator-Clerk-Treasurer.

(1997 Code, § 25.12) (Ord. passed 11-14-1994)

§ 153.147 APPEALS.

(A) Appeals to the Board of Appeals may be taken by any person aggrieved or by any official or department of the city affected by any decision of the Zoning Officer. Appeals shall be taken within 60 days of the decision by filing with the Zoning Officer a notice of appeal specifying the grounds thereof. The Zoning Officer shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.

(B) The Board shall fix a reasonable time for the hearing of the appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in person, by agent, or by attorney.

(1997 Code, § 25.12) (Ord. passed 11-14-1994)

§ 153.148 PLANNING COMMISSION DUTIES.

Planning Commission duties in zoning administration shall be:

(A) To hold public hearings on applications for amendments to this chapter. The Commission shall not have the authority to make changes or amendments to this chapter; it shall act in a purely advisory manner to the City Council, making its recommendation in all cases referred to it, and transmitting this to the City Council for final action;

(B) To consider applications for conditional use permits provided for within this chapter and to transmit its recommendation to the City Council for final action; and

(1997 Code, § 25.12) (Ord. passed 11-14-1994)

§ 153.149 BUILDING PERMITS.

(A) Building permits. Hereafter no person shall erect, alter, remodel, wreck, or move any kind of a structure, building, or part thereof without first securing a building permit from the city.

(B) Certificate of occupancy. Hereafter, no new building or addition, and no land whose use has been changed, shall be occupied other than for a public utility use until a certificate of occupancy has been issued stating that the new occupancy complies with all applicable ordinances and code provisions.

(C) Exhibits. Each application for a building permit shall be accompanied by the following exhibits unless waived by the Zoning Officer: exposed lot pins, plot plan, or certificate of survey indicating location, size, and place of proposed structure and yards, parking and loading facilities, vehicular access and egress, and utility plan including surface drainage, foliage, topography, waterways, and soil boring is to be included if pertinent.

(D) Permit application procedure. The procedure for applying for a building permit shall be as follows.

(1) The property owner or his or her agent shall meet with the Zoning Officer to explain his or her situation, learn the procedures, and obtain an application form.

(2) The applicant shall file the completed application form, together with the required exhibits, including building plans, with the Zoning Officer or Building Official.

(3) The Building Official shall review the application and plans and determine their compatibility with the Building Code and ordinances and code provisions.

(4) The Zoning Officer determines the permit fee and collects the fee from the applicant. The building permit will then be issued if the proposed project complies with the provisions of this chapter.

(E) Expiration of building permit.

(1) If the work described in any building permit has not begun within 90 days from the date of issuance thereof, the permit shall expire; it shall be cancelled by the Zoning Officer, and written notice thereof shall be given to the persons affected.

(2) If the work described in any building permit has not been substantially completed within two years of the date of issuance thereof, or if no work has been done on the building for 90 days, the permit shall expire and be canceled by the Zoning Officer, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new building permit has been obtained.

(1997 Code, § 25.12) (Ord. passed 11-14-1994) Penalty, see § 10.99

§ 153.150 VARIANCES.

(A) General. Variations from the provisions of this chapter may be granted by the Board of Appeals only in instances where the strict enforcement of this chapter would cause undue hardship because of circumstances unique to the individual property under consideration, and only when it is demonstrated that the variance will be in keeping with the spirit and intent of this chapter. Undue hardship, as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in section M.S. § 216C.06, Subd. 2, as it may be amended from time to time, when in harmony with this chapter. The Board of Appeals may not permit as a variance any use that is not permitted under the ordinance for property in the zone where the affected person’s land is located. The Board may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. The Board may impose restrictions and conditions upon the premises benefitted by a variance as it considers necessary so that the public health, safety, and general welfare may be secured and substantial justice done.

(B) Exhibits. Application for variances shall be accompanied by the boundary survey and site plan as required for building permit applications.

(C) Application procedure. The procedure for applying for a variance from the regulations of this chapter shall be as follows.

(1) The property owner or his or her agent shall meet with the Zoning Officer to explain his or her situation, learn the procedures, and obtain an application form.

(2) The applicant shall file the completed application form, together with the required exhibits, with the Zoning Officer and shall pay the required filing fee.

(3) The Zoning Officer shall transmit the application and one copy of the exhibits to the Chair of the Board of Appeals and Planning Commission.

(4) The Planning Commission shall consider the application for variance and make recommendations to the Board of Appeals.

(5) The Board of Appeals may hold public hearings as it may consider necessary on a proposed variance.

(D) Standards for granting variance. The Board of Appeals may vary the regulations of this chapter when supporting evidence in each specific case indicates that:

(1) Because of the particular physical surroundings, shape, or topographic conditions of the specific parcel of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out;

(2) The conditions upon which the petition for a variance is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other property with the same zoning classification;

(3) The purpose of the variance is not based exclusively upon a desire to increase the value or income potential of the parcel of land;

(4) The alleged difficulty or hardship is caused by the provisions of this chapter and has not been created by any persons presently or formerly having an interest in the parcel of land;

(5) The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the vicinity in which the parcel of land is located;

(6) The proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity; and

(7) Adherence to the regulations of this chapter would create an undue hardship because of inadequate access to direct sunlight for solar energy systems.

(1997 Code, § 25.12) (Ord. passed 11-14-1994)

§ 153.151 CONDITIONAL USE PERMITS.

(A) Permit required. Before a building or premises is devoted to any use classified under conditional uses in this chapter, a conditional use permit must be granted by the City Council following a recommendation by the Planning Commission.

(B) Exhibits. The following exhibits shall be required:

(1) The boundary survey and site plan as required for building permit applications; and

(2) Elevation drawings indicating the design treatment of all proposed buildings and structures, and general floor plans of the buildings.

(1) The property owner or his or her agent shall meet with the Zoning Officer to explain his or her situation, learn the procedures, and obtain an application form.

(2) The applicant shall file the completed application form, together with the required exhibits, with the Zoning Officer and shall pay the required filing fee.

(3) The Zoning Officer shall transmit the application and exhibits to the Planning Commission and shall place the matter on the next Planning Commission agenda.

(4) The Planning Commission shall study the application to determine possible adverse effects of the proposed conditional use and to determine what additional requirements may be necessary to reduce those adverse effects, and shall recommend one of three actions: approval, denial, or conditional approval. The Planning Commission may hold public hearings as it may consider necessary on a proposal for a conditional use permit.

(5) The Planning Commission shall transmit its recommendation to the City Council for its official action.

(6) The City Council shall act on the application after receiving the recommendation of the Planning Commission.

(D) Standards for granting conditional use permits.

(1) A conditional use permit may be granted by the City Council after demonstration by evidence that:

(a) The establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, comfort, or general welfare;

(b) The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood;

(c) The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district;

(d) Adequate utilities, access roads, drainage, and necessary facilities have been or will be provided;

(e) Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets; and

(f) The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located.

(2) The Planning Commission may recommend, and the City Council may determine, conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the conditional use as deemed necessary for the protection of the public interest and to secure compliance with the requirements specified in this chapter.

(E) Revocation of conditional use permits.

(1) Where a conditional use permit has been issued pursuant to the provisions of this chapter, the permit shall become null and void without further action by the Planning Commission or the City Council unless work thereon commences within one year of the date of granting that conditional use. A conditional use permit shall be deemed to authorize only one particular use and shall expire if that use shall cease for more than 12 consecutive months.

(2) Failure to comply with any condition set forth in a conditional use permit shall be a misdemeanor and shall also constitute sufficient cause for the revocation of the conditional use permit by the City Council following a public hearing. The property owner shall be notified in advance of the City Council’s review of the permit.

(3) Inspections will be conducted at least annually to determine compliance with the terms of a conditional use permit.

(F) Uses by conditional use permit not non-conforming uses. Uses authorized by conditional permit under this section shall not be deemed a non-conforming use, but shall without further action be considered a conforming use, but only in accordance with the conditions set forth in the conditional use permit.

(1997 Code, § 25.12) (Ord. passed 11-14-1994) Penalty, see § 10.99

§ 153.152 AMENDMENTS; PROCEDURES.

(A) Adoption. This chapter may be amended, changed, or altered only by a favorable majority vote of all members of the City Council, except that the adoption or amendment of any portion of this chapter which changes all or part of the existing classification of a zoning district from residential to either commercial or industrial requires a two-third’s majority of all members of the City Council, and only after a public hearing has been duly advertised and held by the Planning Commission.

(B) Kinds of amendments. An amendment to this chapter may be one of the following:

(1) A change in a district’s boundary (rezoning);

(2) A change in a district’s regulations; or

(3) A change in any other provision of this chapter.

(C) Initiation of proceedings. Proceedings for amending this chapter shall be initiated by at least one of the following three methods:

(1) By petition of an owner or owners of property which is proposed to be rezoned, or for which district regulation changes are proposed;

(2) By recommendations of the Planning Commission; or

(3) By action of the City Council.

(D) Exhibits. Required exhibits for rezoning or district regulation changes initiated by a property owner are:

(1) The boundary survey and plot plan as required for building permit applications;

(2) Elevation drawings indicating the design treatment of all proposed buildings and structures, and general floor plans of those buildings; and

(3) A list of all property owners within the affected area and within 350 feet of the outer boundaries of the subject area.

(E) Procedures. The procedure for a property owner to initiate a rezoning or district regulation change applying to his or her property is as follows.

(1) The property owner or his or agent shall meet with the Zoning Officer to explain his or her situation, learn the procedures, and obtain an application form.

(2) The applicant shall file the completed application form, together with the required exhibits, with the Zoning Officer and shall pay the required filing fee.

(3) The Zoning Officer shall transmit the application and required exhibits to the Planning Commission. Written notice of the public hearing shall be mailed at least ten days before the date of the hearing to the property owners within the affected zone and within 350 feet of the outer boundaries of the area in question; however, failure of any property owner to receive notification shall not invalidate the proceedings.

(4) The Zoning Officer shall have notice of the required public hearing published in the official municipal newspaper not less than ten calendar days prior to the date of the hearing.

(5) The Planning Commission shall hold the public hearing and shall recommend one of three actions: approval, denial, or conditional approval.

(6) The Planning Commission shall transmit its recommendation to the City Council for its official action.

(7) The City Council shall act upon the application after receiving the recommendation of the Planning Commission.

(1997 Code, § 25.12) (Ord. passed 11-14-1994)

§ 153.153 SITE PLAN APPROVAL.

The following provisions shall govern the Site and Building Plan approval process, as they relate to the scope of the proposed construction.

(A) Site and Building Plan Approval Required. It is declared to be the policy of the city to preserve and promote attractive and stable business environments for its citizens through encouraging well-conceived, high quality developments. To this end, imaginative site design concepts shall be employed in the development and redevelopment of respective sites. With the exception of single family dwellings and two family dwellings, this site plan approval process applies to all new construction in the One and Two Family District (R-1), the High-Density Residential District (R-2), the Central Business District (CBD), the Highway Commercial District (C-2), and the Manufacturing and Industrial District (M) that involves one or more of the following:

(1) New construction;

(2) Construction or reconstruction that substantially alters the floor area of the building greater than or equal to 10%;

(3) Construction or reconstruction involving modification or replacement of the exterior materials on the building; or

(4) Construction or reconstruction to change the configuration of the parking area.

(B) Application.

(1) Prior to commencing any construction, a Site and Building Plan application shall be initiated by the owner of subject property or by an authorized agent. The applicant shall submit a Site and Building Plan application to the Zoning Officer, copies of which are available at the municipal offices, together with a fee in an amount established by City Council resolution.

(2) The Zoning Officer shall refer the matter to the Planning Commission by placing the application upon the agenda of the Commission's next regular meeting.

(1) A survey drawing by a registered engineer or land surveyor showing pertinent existing conditions, accurately dimensioned.

(2) A complete set of preliminary drawings prepared by a registered civil engineer or landscape architect showing:

(a) An accurately scaled and dimensioned site plan indicating parking layout, including access provisions, location of structures, grading plans, building elevations, landscaping, including trees and shrubbery with indication of species, planting, size, and location.

(b) Fences, walls, or other screening, including height and type of material.

(d) Curbs.

(D) Procedures. The procedure for obtaining Site and Building Plan approval is as follows.

(1) The property owner or his or her agent shall meet with the Zoning Officer to explain his or her situation, learn the procedures, and obtain an application form.

(2) The applicant shall file the completed application form, together with the required exhibits, with the Zoning Officer and shall pay the required filing fee.

(3) The Zoning Officer shall transmit the application and exhibits to the Planning Commission and shall place the matter on the next available Planning Commission agenda.

(4) The Planning Commission shall study the application to determine possible adverse effects of the proposed Site and Building Plan and to determine what additional requirements may be necessary to reduce those adverse effects, and shall recommend one of three actions: approval, denial, or conditional approval. The Planning Commission may hold public hearings as it may consider necessary on a proposal for Site and Building Plan approval.

(5) The Planning Commission shall transmit its recommendation to the City Council for its official action.

(6) The City Council shall act on the application after receiving the recommendation of the Planning Commission.

(E) Lapse of Site and Building Plan. An approved Site and Building Plan shall lapse and become null and void one year following the date on which the application was approved, unless prior to the expiration of one year, the Building Official issues a building permit and construction is commenced toward completion on the subject site. A Site and Building Plan may be renewed for a period of one year by the City Council.

(F) Conditions and restrictions. The Planning Commission may recommend and the City Council may impose such conditions and restrictions as deemed necessary to protect the public interest and to secure compliance with the requirements of this section. The conditions may include the execution and submission of a Performance Agreement with a supporting financial guarantee that the subject property will be constructed, developed, and maintained in conformance with the plans, specifications, and standards.

(Ord. 2005-4, passed 7-11-2005)

§ 153.154 FEES.

(A) Fees for building permits, variances, conditional use permits, and amendments shall be established from time to time by resolution of the City Council.

(B) Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal. There shall be no fee in the case of applications filed in the public interest by the City Council Economic Development Authority or by the Planning Commission. If a dispute arises over a specific fee, the amount of the fee shall be paid but deposited and held in escrow, and the person aggrieved by the fee may appeal to district court. An approved application shall proceed as if the fee had been paid, pending a decision of the court.

(1997 Code, § 25.12) (Ord. passed 11-14-1994; Am. Ord. 2005-4, passed 7-11-2005)

§ 153.155 VIOLATIONS; REMEDIES NOT EXCLUSIVE.

(A) Violation of the provisions of this chapter or failure to comply with any of its requirements shall constitute a misdemeanor. Each day the violation continues shall be considered a separate offense.

(B) The owner or tenant of any building, structure, premises, or part thereof, and any builder, contractor, agent, or other person who commits, participates in, assists in, or maintains a violation as described above may be found guilty of a separate offense and suffer the penalties provided in this code.

(C) Nothing herein contained shall prevent the city from taking other lawful action as is necessary to prevent or remedy any violation.

(1997 Code, § 25.12) (Ord. passed 11-14-1994; Am. Ord. 2005-4, passed 7-11-2005) Penalty, see § 10.99

§ 153.156 JUDICIAL REVIEW.

Any person aggrieved by a decision or order of the City Council or Board of Appeals acting pursuant to this chapter may have the decision or order reviewed by an appropriate remedy in the District Court, subject to the provisions of state law.

(1997 Code, § 25.12) (Ord. passed 11-14-1994; Am. Ord. 2005-4, passed 7-11-2005)

§ 153.157 CONSISTENCY WITH STATE LAW.

Notwithstanding anything in this chapter to the contrary, the provisions of M.S. § 15.99, as it may be amended from time to time, and the following sections shall govern the process for making decisions under this chapter. To the extent to which these sections conflict with the provisions of M.S. § 15.99, as it may be amended from time to time, the provisions of the statute shall apply.

(Am. Ord. 2005-4, passed 7-11-2005)

§ 153.158 APPLICATIONS.

(A) Notwithstanding anything to the contrary in this chapter, all applications for any site plan, conditional use permit, variance, or for any other city approval required by this chapter, or to amend this chapter, shall be made in writing on a form provided by the city, if the city has a form, to the Zoning Administrator. The Zoning Administrator is authorized to reject in writing any incomplete application within 15 business days of receipt if the application is incomplete, stating the reasons for its rejection, including what information is missing. This rejection shall be sent by first-class mail to the applicant. Every application shall contain the legal description of the property and a statement of the specific permit or action being sought. Nothing in this section shall be deemed to prevent the city from requesting additional information from the applicant upon which to base a decision.

(B) If a dispute arises over a specific fee imposed by the city, the amount of the fee must be deposited and held in escrow, and the person aggrieved by the fee may appeal to district court, as provided by M.S. § 462.361, as it may be amended from time to time. The application shall proceed as if the fee had been paid, pending a decision of the court.

(Am. Ord. 2005-4, passed 7-11-2005)

§ 153.159 FINAL ACTIONS.

(A) As required by M.S. § 15.99, as it may be amended from time to time, the following provisions apply to the process for approving or denying applications for a zoning amendment, site plan, conditional use permit, land use permit, variance, or any other application which requires a city approval under chapter.

(B) The city shall take final action to approve or deny an application described above within 60 days of receiving an application, unless the application is not accepted under § 153.156. If the city cannot take action to approve or deny the application within 60 days of receiving the application, the Zoning Administrator is authorized before the end of the initial 60-day period, to make a one-time extension of the time for taking action by providing written notice by first-class mail to the applicant of the extension, the reasons for the extension, and its anticipated length, which may not exceed an additional 60 days unless approved by the applicant in writing.

(C) When the final action to approve or disapprove an application is to be taken by the City Council, the Planning Commission or the Board of Appeals and Adjustments, if a vote on a resolution or properly made motion to approve the application fails for any reason, the failure shall constitute a denial of the application, provided that those voting against the motion state on the record the reasons why they oppose the application. A denial of an application because of a failure to approve a resolution or motion does not preclude an immediate submission of a same or similar application.

(D) Except as provided in division (C), if the application is denied by the City Council, Planning Commission or Board of Appeals and Adjustments, whichever body has the authority to make the final decision to approve or deny an application, it must state the reasons for denial on the record and provide the applicant in writing a statement of the reasons for the denial. If this written statement is not adopted at the same time s the denial, it must be adopted at the next meeting following the denial of the application but before the expiration of the time allowed for making a decision under this section. The written statement must be consistent with the reasons stated in the record at the time of the denial. The written statement must be provided to the applicant upon adoption.

(E) If the decision to deny the request is made by the Zoning Administrator or other city official, the official must state in writing the reasons for the denial at the time the official denies the request.

(Am. Ord. 2005-4, passed 7-11-2005)

§ 153.160 ADDITIONAL EXTENSIONS OF TIME.

Minnesota Statutes § 15.99, as it may be amended from time to time, provides for certain exceptions to the time limits established in § 153.159. These exceptions are as follows. If the provisions of M.S. § 15.99, as it may be amended from time to time, are inconsistent with this section, then the provisions of that statute shall apply.

(A) The time limit in § 153.159 is extended if a state statute, federal law, or court order requires a process to occur before the city acts on the application, and the time periods prescribed in the state statute, federal law, or court order make it impossible to act on the application within 60 days. In cases described in this division, the deadline is extended to 60 days after completion of the last process required in the applicable statute, law or order. Final approval of the city receiving an application is not considered a process for purposes of this division.

(B) The time limit in § 153.159 is also extended if:

(1) An application submitted to a state agency requires prior approval of a federal agency; or

(2) An application submitted to the city requires prior approval of a state or federal agency.

(C) In cases described in division (B), the deadline for action is extended to 60 days after the required prior approval is granted.

(Am. Ord. 2005-4, passed 7-11-2005)

§ 153.161 APPLICATIONS FOR SUBDIVISION APPROVAL AND BUILDING PERMITS.

Sections 153.157 through 153.159 shall not apply to any request for action under the city’s subdivision regulations or under M.S. § 462.358 or Ch. 505, as they may be amended from time to time. Neither shall they apply to request for a building permit.

(Am. Ord. 2005-4, passed 7-11-2005)

Osseo City Zoning Code

CHAPTER 153

ZONING

APPENDIX A: LOT REQUIREMENTS AND STANDARDS

Zoning District	Building Height Max. (feet)e	Access. Height Max. (feet)	Lot Size Min (s.f)	Lot Width Minimum (feet)	Setbacksf					Minimum Site Area Per Dwelling Unit (sq. feet)	Dwelling Floor Area Ratio	Max. Impervious Surface(%)
Zoning District	Building Height Max. (feet)e	Access. Height Max. (feet)	Lot Size Min (s.f)	Lot Width Minimum (feet)	Front Yard (Feet)	Corner Side Yard (Feet)	Side Interior (Feet)	Rear Yard (Feet)	Accessory Side/Rear Yard (Feet) (Alley)	Minimum Site Area Per Dwelling Unit (sq. feet)	Dwelling Floor Area Ratio	Max. Impervious Surface(%)
R-1 One-family Two-family	25 25	10g 10g	8,250 10,000	50 50	25 25	25 c 25 c	15 b 15 b	5 5	5 5		0	50% 50%
R-2 Multiple family Efficiency 1-bedroom 2-bedroom More	35 (65)a	10g 10g 10g 10g	21,780 21,780 21,780 21,780	130 130 130 130	35 35 35 35	25 25 25 25	10 10 10 10	10 10 10 10		400 525 650 Add 125 s.f. each additional bedroom	N/A N/A N/A N/A	60% 60% 60% 60%
CBD	45	15	7,200	50	0	0	0 d	0	0	N/A	N/A	100%
EMX	65a	15	7,200	50	0 10 ft max	0 10 ft max	0 d	0	0	N/A	N/A	100%
C-2N & S	35	15	7,200	50	20	20	10	10	10	N/A	1	60%
M	40	15	20,000	100	20	20	10	10	10	N/A	1	100%
Definitions: 43,560 square fee = 1 acre Floor area ratio = total floor area of principal and accessory structure in direct ratio to the gross area of the lot
Notes: a 65 ft. if structure is designed for multiple residents b On interior lots, there must be at least 15 feet between dwellings with a minimum of 5 feet from the lot line c The buildable principal structure area must not be less than 32 feet in width, exclusive of setbacks d When a commercial building shares a common boundary with a residential use property, a side yard set back of 10 feet is required e The building height limits established herein for districts shall not apply to the following: belfries; chimneys or flues; church spires; cooling towers; cupolas and domes which do not contain useable space; elevator penthouses; flag poles; monuments; parapet walls extending not more than 3 feet above the limiting height of the building f The following shall not be considered as encroachment on required yard setbacks: (1) Flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters, and the like, provided they do not project more than two feet into the required yard (2) Ground level patio, i.e., patio that is flush with the ground (3) In rear yards, recreational and laundry drying equipment, arbors and trellises, detached outdoor living rooms, and air conditioning or heating equipment to a point not less than ten feet from the rear lot line (4) A one-story enclosed entrance for a detached one-family, duplex, or townhouse dwelling may extend into the front yard setback not exceeding four feet g Except private garages are allowed to be up to 15 feet in height

(1997 Code, Ch.25, Table1) (Am. Ord. passed 9-22-2003; Am. Ord. 2005-5, passed 8-8-2005; Am. Ord. 2021-1, passed 4-12-2021)

APPENDIX B: OFF-STREET PARKING SPACE REQUIREMENTS

Use	Minimum Number of Parking Spaces
Artisan manufacturing	At least 0.75 parking spaces for each employee on maximum shift or one parking space for each 1,500 square feet of floor area, whichever is the larger
Churches, auditoriums, mortuaries, and other similar places of assembly	At least one parking space for each three and one-half seats based upon design capacity of seating area
Community center, post office, YMCA, YWCA, physical culture studio, library, private club, lodge, museum, art gallery, and other similar establishments	At least 12 parking spaces plus one for each 250 square feet in excess of 2,000 square feet of floor area based upon design capacity
Furniture store, appliance store, auto sales, grain sales, kennels, studios, commercial greenhouses	At least one parking space for each 400 square feet of floor area. Open sales or rental lots shall provide one parking space for each 3,500 square feet of land which is to be used for sales and display area
Housing designated exclusively for individuals 55 and older	One parking space for each dwelling units
Motor service stations	At least four parking spaces plus two additional parking spaces for each service stall
Multiple-family dwellings	One and three-fourths spaces per dwelling unit
One- and two-family dwellings	Two spaces per dwelling unit
Personal and professional offices, medical clinics, dental clinics, banks, savings institutions, and the like	At least one parking space for each 200 square feet of floor area
Restaurants, cafes, bars, taverns, night clubs, and the like	At least one parking space for each three seats based upon design capacity of seating area
Retail sales, service establishments, and shopping centers	At least one parking space for each 150 square feet of floor area
Convalescent home, rest home, nursing home, day nursery, or assisted living facilities	At least four parking spaces plus one for each four beds based upon design capacity
School, elementary	At least one parking space for each classroom plus one additional space for each 39 student capacity
School, middle	At least one parking space for each classroom plus two additional parking spaces for each 30 student capacity
School, senior high and private	At least one parking space for each classroom plus one additional parking space for each six students based upon design capacity
Wholesaling, manufacturing, and similar industrial uses	At least one parking space for each two employees on maximum shift or one parking space for each 2,000 square feet of floor area, whichever is the larger
Other uses	As required by City Council

(1997 Code, Ch. 25, Table 4) (Ord. passed 11-14-1994; Am. Ord. 2005-7, passed 10-24-2005; Am. Ord. 2017-3, passed 9-11-2017)

Cross-reference:

Off-Street Parking, see §§ 153.070 et seq.

APPENDIX C: DISTRICT SIGN REGULATIONS

Zoning District

Maximum Sign Area of a Single Sign (Square Feet)1

Maximum Height of a Single Sign (Feet)

Cumulative Maximum Area (CMSA) of All Nonexempt Signs (Square Feet)2, 3

Maximum Percentage of CMSA Allocable to Class A Signs

Maximum Percentage of CMSA Allocable to Class B Signs

Maximum Percentage of CMSA Allocable to Class C Signs

Prohibited Signs

Zoning District	Maximum Sign Area of a Single Sign (Square Feet)1	Maximum Height of a Single Sign (Feet)	Cumulative Maximum Area (CMSA) of All Nonexempt Signs (Square Feet)2, 3	Maximum Percentage of CMSA Allocable to Class A Signs	Maximum Percentage of CMSA Allocable to Class B Signs	Maximum Percentage of CMSA Allocable to Class C Signs	Prohibited Signs
R-1*	8	6	16	100%	100%	100%	Awning signs Bench signs Electronic message display signs Inflated signs Illuminated signs, except where specifically allowed Off-premises signs Portable trailered signs Pylon signs Signs prohibited in all zoning districts
R-2*	8 (and 1 sign of up to 32 sq. ft. within 30 feet of a traveled public road right-of- way)	6	100	90%	70%	10%	Electronic message display signs Inflated signs Illuminated signs, except where specifically allowed Off-premise signs Pennant signs Portable trailered signs Pylon signs Signs prohibited in all zoning districts
*Legal Non- Residential Use in R Districts	32	8	100	90%	50%	10%	No signs which are specifically prohibited in the R-1 zoning district may be erected upon a property that contains a legal non-residential use in a residential district
CBD^	50	8	2 per linear front foot	70%	20%	10%	Inflated signs Off-premise signs Portable trailered signs Pylon signs Signs prohibited in all zoning districts
C2-N, C2-S, M^	150	15	4 per linear front foot	70%	25%	5%	Off-premise signs Signs prohibited in all zoning districts
PI^	150	25	5% of lot area	90%	50%	10%	Bench signs Signs prohibited in all zoning districts
^Undeveloped Lots in Non- Residential Districts	40	8	40	25%	75%	0%	Attached signs Awning signs Bench signs Building signs Electronic message display signs Inflated signs Illuminated signs Off-premise signs Pennant signs Portable trailered signs Signs prohibited in all zoning districts
Notes: 1, 2 The maximum sign area of a single sign may not be larger than the CMSA of all nonexempt signs or freestanding signs. This includes instances where the cumulative maximum or freestanding sign area calculation prohibits any single sign from meeting the maximum sign area, in which case, the more restrict requirement limiting total cumulative sign area shall apply.