A.   Uses which because of the nature of their operation are accompanied by excess of noise, vibration, dust, dirt, smoke, odor, noxious gases, glare or wastes shall not be permitted. These residual features shall be considered "excessive" when they either exceed or deviate from the limitations set forth in the following performance standards:

         1.   Noise: Noise shall be muffled so as not to become objectionable due to intermittence, beat frequency, shrillness or intensity. Noise levels shall be regulated by the standards of the Minnesota pollution control agency (MPCA).

         2.   Vibration: No activity or operation shall at any time cause earth vibrations perceptible beyond the limits of the immediate site in which the operation is conducted. Temporary vibrations resulting from normal construction or reconstruction projects may be excepted.

         3.   Dust, Dirt, Smoke, Odor, Gases: The release of solid and liquid particulates, smoke, gases, toxic or noxious materials and other materials or odors shall be regulated by the standards of the MPCA.

         4.   Glare: Glare from high intensity lighting or high temperature processes, whether direct or indirect, and as differentiated from street lighting or general illumination, shall not be visible beyond the limits of the immediate site from which it originates. General lot lighting or security spotlighting shall be directed away from adjacent properties, eliminating or reducing the illumination generated on the site.

         5.   Waste:

            a.   All solid waste materials, debris, rubbish, junk, refuse or garbage shall be kept within a completely enclosed building or properly contained within a closed container specifically designed for such purpose. The containers shall be kept in an enclosed area between days of scheduled pick up.

         b.   In no case shall noxious or odorous refuse or garbage be kept outside of a completely enclosed building for a period of time exceeding the average interval of refuse collection by commercial rubbish haulers.

            c.   Hazardous wastes generated from any activity or operation shall be properly contained, labeled and stored for transfer to an authorized processing, storage or burial facility, according to the laws of the state of Minnesota.

            d.   All waste storage shall comply with sections 5-1-2 and 5-1-3 of this code.

         6.   Explosives:

            a.   Any activity or operation requiring the use, storage or manufacturing of explosives shall be located no closer than five hundred (500) feet from any residential district, provided further that the location of said activity or operation is such that damage from explosion, including flying debris, vibration or smoke, is limited to the site on which the activity or operation is permitted. (Ord. 2024-04, 6-4-2024)

   A.   Buildings in all zoning districts shall maintain a high standard of architectural and aesthetic compatibility with surrounding properties to ensure that they will not adversely impact the property values of the abutting properties or adversely impact the community’s public health, safety, and general welfare.

   B.   Exterior Wall Materials And Colors:

      1.   Unadorned concrete as an exterior material shall be prohibited in all districts.

      2.   No galvanized or unfinished steel, galvalume, or unfinished aluminum buildings (walls or roofs), except those specifically intended to have a corrosive designed finish such as Cor-ten steel shall be permitted in any zoning district, except in association with farming activities. Metal siding with exposed panels exceeding sixteen (16) inches in width is prohibited.

      3.   For single-unit detached dwellings, except for earth sheltered homes, all exterior vertical surfaces of principal and accessory structures shall be treated as a front and have an equally attractive, or the same, fascia. Any exterior building finish shall consist of a combination of the following materials: wood, brick, natural stone, aluminum and glass, steel, or vinyl siding. Steel siding with exposed panels exceeding sixteen (16) inches in width, shall not be permitted.

      4.   For single-unit attached and townhome dwellings, all exterior vertical surfaces of principal and accessory structures shall be treated as a front and have an equally attractive or the same fascia. At least fifty percent (50%) of any exterior building finish shall consist of a combination of materials which are noncombustible, nondegradable and maintenance free (for example, base brick, natural stone, glass and aluminum, steel or vinyl siding) or those comparable in grade and quality. No exterior building finish shall be sheet aluminum, asbestos, iron, steel, corrugated aluminum or untreated block.

      5.   Exterior building finishes for any multi-unit residential or non-residential structure shall consist of materials comparable in grade and quality to the following:

         a.   Brick.

         b.   Natural stone.

         c.   Decorative concrete block - “rock face”, “breakaway” or other types of decorative block.

         d.   Cast in place concrete or precast concrete panels.

         e.   Wood, provided the surfaces are finished for exterior use and wood of proven exterior durability is used, such as cedar, redwood, cypress.

         f.   Curtain wall panels of steel, fiberglass and aluminum (nonstructural, nonload bearing), provided such panels are factory fabricated and finished with a durable nonfade surface and their fasteners are of a corrosion resistant design.

         g.   Glass curtain wall panels.

         h.   Stucco.

      6.   Color of exterior wall materials shall be compatible and complementary with brick and stone colors naturally occurring in the Upper Midwest.

         a.   Non-earth tone materials shall be limited to architectural accents or signs.

         b.   The color of the non-brick or stone portion of the building shall match the predominant brick or stone color portion.

      7.   While variation in materials and colors that support the general theme may be allowed, the overall building shall have “360 degree” architecture. All side and rear wall surfaces shall use similar materials, colors, and architectural elements as the front wall surfaces.

         a.   Any variations shall focus the highest level of architectural detail, material variation, façade articulation, or roofline enhancements on those elevations that face a public right-of-way.

      8.   Lots with multiple right-of-way frontages shall have all façades facing the rights-of-way treated equally in their level of architecture.

      9.   In the MX-1 District, the following standards shall apply:

         a.   Exterior Walls Facing Public Right-of-Way:

         (1)   Exterior wall surfaces excluding doors and windows shall be a minimum of seventy-five percent (75%) brick or natural stone.

         (2)   A maximum of twenty percent (20%) specialty integral colored concrete block (including textured, burnished, and rock faced block) may be used for the base of the exterior wall.

         (3)   A maximum of ten percent (10%) EIFS, masonry stucco, or similar products may be used for architectural details such as cornices, dentil molding, parapets, or sign bands. Any other material used shall be compatible with the materials commonly used in the architectural style of the building (i.e. tile or polished metal for art deco style buildings).

         b.   Exterior Walls Not Facing Public Right-of-Way:

         (1)   Exterior wall surfaces excluding doors and windows shall be a minimum of sixty percent (60%) brick or natural stone.

         (2)   The remaining forty percent (40%) of the exterior wall surface may be specialty integral colored concrete block (including textured, burnished, and rock faced block), tile (masonry, stone or clay), architectural textured concrete panels cast in place, or better.

         (3)   A maximum of ten percent (10%) EIFS, masonry stucco, or similar products may be used for sign bands or architectural accents.

      10.   In the MX-2, B-1, and PI districts, the following standards shall apply:

         a.   Exterior wall surfaces except for doors and windows shall be a minimum of fifty percent (50%) brick or natural stone.

         b.   The remaining fifty percent (50%) of the exterior wall surface may be specialty integral colored concrete block (including textured, burnished, and rock faced block), tile (masonry, stone or clay), architectural textured concrete panels cast in place, or better.

         c.   EIFS or masonry stucco may be used for the sign band areas and/or architectural accents totaling no more than ten percent (10%) of the non-glass, brick, or stone portion of the building.

      11.   In the B-2 and I-1 districts, the following standards shall apply:

         a.   Exterior wall surfaces facing a public right-of-way or residential uses or residential districts shall be constructed of a combination of glass, brick, natural stone, specialty integral colored concrete block (including textured, burnished, and rock faced block), tile (masonry, stone or clay), architectural textured concrete panels cast in place, precast concrete panels or better.

         b.   All other wall surfaces shall be constructed of a minimum of forty percent (40%) of these materials. The remaining sixty percent (60%) of these exterior wall surfaces may be finished steel or aluminum.

   C.   Façade Articulation:

      1.   Façades shall be articulated to reduce their mass and scale and provide visual interest consistent with Rosemount’s identity, character, and scale.

      2.   In the MX-1, MX-2, B-1, and PI districts, any wall more than one hundred (100) feet in length shall be divided into increments of no more than thirty (30) feet through the articulation of the façade.

      3.   In the B-2 District, any wall more than one hundred (100) feet in length shall be divided into increments of no more than thirty-five (35) feet through the articulation of the façade.

      4.   In the I-1 District, any wall more than one hundred (100) feet in length shall be divided into increments of no more than fifty (50) feet through the articulation of the façade.

   D.   Architectural Elements:

      1.   In the MX-1 District, the following architectural elements are required:

         a.   Façades facing a public right-of-way shall include a minimum of four (4) architectural detail and variation elements, listed in subsection c. below, across the entire façade.

         b.   Façades not facing the public right-of-way shall include a minimum of one architectural detail and variation element, listed in subsection c. below, across the entire façade.

         c.   The following architectural detail and variation elements or similar elements may be used to increase the interest and compatibility of buildings:

         (1)   Roofline Elements:

            (a)   Commercial And Civic Buildings:

            (i)   Parapets;

            (ii)   Cornices;

            (iii)   Entablature;

            (iv)   Dentil molding; and

            (v)   Pediments.

            (b)   Residential Buildings:

            (i)   Dormers;

            (ii)   Mansard roofs;

            (iii)   Hip roofs; and

            (iv)   Clipped gables.

         (2)   Window Elements:

            (a)   Lintels, pediments;

            (b)   Rounded pediments;

            (c)   Hoodmolds;

            (d)   Foils; and

            (e)   Chicago style windows.

         (3)   Building Corner, Doorway, Or Sub-façade Edge Elements:

            (a)   Rusticated corners; and

            (b)   Gibbs surrounds.

         (4)   Multiple-Story Façade Elements:

            (a)   Pilasters;

            (b)   Window columns; and

            (c)   Stone bases.

         (5)   Single-Story Or First Floor Commercial Elements:

            (a)   Transom windows;

            (b)   Clerestories;

            (c)   Awnings;

            (d)   Heighted parapet walls;

            (e)   Arcades; and

            (f)   Colonnades.

      2.   In the MX-1, MX-2, B-1, B-2, and PI districts, the following standards apply to architectural elements around entryways:

         a.   Primary building entrances facing a public right-of-way or abutting a required parking area shall be accented by visually pleasing entry elements. This element shall extend a minimum three hundred (300) square feet around a single entrance.

         b.   Should the building have more than one entrance facing a public right-of-way or abutting a required parking area, this element shall extend a minimum one hundred fifty (150) square feet around each individual entrance.

   E.      Roofs in the agricultural and residential districts shall have the following minimum standards:

      1.   In the A-1, A-2, and RR districts, the main roofs shall have a minimum pitch of five to twelve (5:12) per definition of the applicable building code.

      2.   In the R-1 district, the main roofs shall have a minimum pitch of three to twelve (3:12) per definition of the applicable building code.

      3.   Roofing materials shall consist of either asphalt, wood, tiles, sod, standing seam metal or other comparable materials as approved by the applicable building code. (Ord. 2024-04, 6-4-2024; amd. Ord. B-317, 11-19-2024)

   A.   Purpose And Intent: It is the intent of these regulations that off-street parking be provided and maintained by each property owner for the use of occupants, employees and patrons. These regulations are further intended to promote the safe and efficient storage, circulation, and channelization of motor vehicles on site to avoid undue congestion of the public streets.

   B.   Driveways:

      1.   All driveways shall be surfaced with concrete or asphalt, and shall be defined by continuous concrete perimeter curbing.

      2.   Except for single-unit detached residential driveways, no driveway from private property entering a public or private street shall be less than twenty-four (24) feet nor more than thirty-six (36) feet in width (not including medians).

         a.   One-way driveways shall be no less than twelve (12) feet wide.

      3.   Single-unit detached residential driveways are subject to the following requirements when connecting to and within the street right-of-way:

         a.   Maximum Width: They shall not exceed twenty-two (22) feet in width (curb cut radii excluded).

         b.   Encroachment: Curb cut radii shall not encroach upon the boulevard of abutting properties.

         c.   Number Of Curb Cuts: Only one curb cut shall be permitted from a street, provided:

         (1)   The required driveway setback shall be a minimum of five (5) feet from interior lot lines, and the greater of the applicable front yard setback or the required sight triangle from the street side yard property line on corner lots. In the event that a lot of record does not have sufficient width to meet the applicable driveway standards, the width and placement of the required driveway shall be subject to the approval of the city engineer.

         (2)   The proposed curb cut is in compliance with subsection 11-7-3 B.4 below of this title.

         (3)   All district setback regulations for surface parking and impervious surface limitations are met.

         (4)   A single-unit lot of record in the RR District may have a horseshoe or loop driveway, with no more than two (2) curb cuts, subject to the following criteria:

            (a)   The driveway must be constructed in accordance with the standards established by the City Engineer.

            (b)   The property shall have a minimum width of two hundred (200) feet.

            (c)   The top inner arc of the drive shall be located a minimum of ten (10) feet from the front property line.

            (d)   No access shall be allowed to a non-city road where there is at least one other existing access to the property.

      4.   Requirements For Developments Along Major Roadways:

         a.   One-unit and two-unit dwellings located on any street listed in subsection 11-7-3 B.4.c below shall be provided with, and shall maintain, a driveway that has a paved turnout or turnaround area that is so designed and located as to allow the safe and convenient turning of vehicles on the lot of the dwelling so that cars may avoid backing into such streets.

         (1)   No certificate of occupancy will be issued for any such dwelling until such driveway is completed.

         (2)   The requirement of this subsection applies to dwellings that have not been issued a certificate of occupancy before the effective date hereof.

         b.   Driveways for one- and two-unit dwellings on corner lots having one side on a street listed in subsection 11-7-3 B.4.c below and one side on a street having a lower volume of traffic shall be constructed and maintained to the street with the lower volume of traffic and no closer than sixty-three (63) feet from the corner of the lot nearest the intersection of the two streets.

         c.   Major roadways within the city include:

         (1)   Auburn Avenue.

         (2)   Bacardi Avenue.

         (3)   Bloomfield Path.

         (4)   Chippendale Avenue.

         (5)   Connemara Trail.

         (6)   County Road 38.

         (7)   County Road 42/150th Street.

         (8)   County Road 46.

         (9)   County Road 73/Akron Avenue.

         (10)   Diamond Path.

         (11)   Emery Avenue.

         (12)   Evermoor Parkway.

         (13)   Fahey Avenue.

         (14)   Fischer Avenue.

         (15)   McAndrews Road.

         (16)   Pine Bend Trail.

         (17)   Rich Valley Boulevard.

         (18)   Shannon Parkway.

         (19)   South Robert Trail.

         (20)   STH 3.

         (21)   STH 52.

         (22)   STH 55.

         (23)   126th Street W.

         (24)   130th Street W.

         (25)   140th Street W.

         (26)   145th Street W.

         (27)   160th Street W.

   C.   Off-Street Parking Requirements:

      1.   Compliance Required: In all districts except where exempt by subsection 5.c of this section, off street parking shall be provided as follows:

         a.   New Construction: Full off-street parking compliance is required for all newly erected buildings.

         b.   Enlargement: Whenever a use or building requiring off-street parking is increased in floor area or when interior building modifications or structural alterations result in an increase in effective capacity for any use, additional parking shall be provided in proper ratio to the increase in floor area or capacity.

         c.   Change In Use: Whenever a building or use or part thereof is changed in usage such that the new use requires more parking than the old, the extent to which the use is changed shall be required to comply fully with the provisions of this title.

         d.   Parking Lot Construction And Expansion: All new parking lots and improvements and extensions to existing lots shall comply fully with the requirements of this title.

      2.   Permits And Improvement Guarantees Required:

         a.   Permits: Building permits shall be required for parking lot construction in all districts except for one- and two-unit dwellings.

         b.   Improvement Guarantees: For any parking improvement for which a building permit is required, a performance bond, letter of credit or other financial guarantee, as approved by the city attorney, in the amount of one hundred twenty-five percent (125%) of the estimated construction cost shall be submitted prior to issuance of a building permit and retained until said parking improvement is completed and acceptable to the city. Where plant materials are used in lieu of a masonry screen wall, this portion of the financial guarantee shall remain in effect for a period of not less than one year after planting to ensure plant material life.

      3.   Limitations On Use:

         a.   No commercial repair work or service of any kind, or sale or display thereof, or the storage of new or used vehicles which are not for the use of the occupant, employees, and patrons shall be conducted in such parking area.

         b.   Off street parking once designated as required off-street parking shall not be changed to any other use until equal facilities as required by this code are provided elsewhere.

         c.   Off-street parking existing at the date of adoption hereof in connection with the operation of an existing building or use shall not be reduced to an amount less than hereinafter required for a similar new building or use.

         d.   Except while loading, unloading, or rendering a service in a designated loading area, no commercial trucks, truck-tractor, or semitrailer combinations shall be parked and/or stored longer than twenty-four (24) hours. Semi-trailers may not be used for outdoor sales, storage or display.

      4.   Location: All off-street parking required by this chapter shall be located on the same lot and in the same district as the use of the property intended to be served. In the R districts, all required parking shall be located on the lot it is intended to serve.

      5.   Off Street Parking Spaces Required:

         a.   Fractional Spaces: When determining the number of required parking spaces results in a fractional space, any fraction up to and including one-half (1/2) shall be disregarded and fractions over one-half (1/2) shall be rounded to require one (1) additional space.

         b.   The minimum number of off-street parking spaces required shall be as follows:

 

         c.   Off Street Parking Exceptions:

         (1)   Compact Cars: Up to fifteen percent (15%) of the parking required for a given use may be designed specifically for compact cars, provided:

            (a)   Signage is erected at appropriate locations indicating "For Compacts Only".

            (b)   Compact stalls are located in one continuous area and signage is erected at the parking lot entry showing directions to compact only parking.

            (c)   The minimum design and construction standards apply.

         (2)   Proof Of Parking Required: Establishments shall be capable of providing the number of on-site parking spaces required by this chapter at any time said parking is needed. However, all such required parking need not be constructed initially if it is demonstrated by the owner to be in excess of the real parking demand. Future parking sufficient in quantity to meet the ordinance requirement shall be shown on the official site plan for which a building permit request is made and said parking shall be constructed at the discretion of the city if it proves to be needed later.

         (3)   Central Business District: Uses constructed in the MX-1 District shall be exempt from this section except that all such parking provided shall comply with the parking design standards in subsection C.7 below of this section.

      6.   Joint Use Of Parking Areas:

         a.   Two (2) or more buildings or uses may collectively provide off street parking in which case the required number of parking spaces shall not be less than the sum of the requirements for the individual uses computed separately.

         b.   In the case of the joint use of off-street parking spaces where operating hours do not overlap, the board of appeals and adjustments may grant an exception to allow the total parking required to be reduced below the sum total of the individual uses provided a copy of an agreement between joint users is filed with the application.

      7.   Off-Street Parking Design And Construction Standards:

 

         a.   Handicapped parking shall be provided as required by the applicable building code.

         b.   Bumper Overhang: The minimum parking space length may be decreased by up to two (2) feet for spaces which allow the bumper of the auto to project beyond the terminus of the parking space without obstructing other parking spaces or vehicle circulation.

         c.   Maneuvering Lanes: All maneuvering lanes shall permit only one-way traffic movements with the exception of the ninety degree (90°) pattern where two-way traffic may be permitted. Each parking space shall have direct unimpeded access to a maneuvering lane and dead end maneuvering lanes shall only be permitted with the ninety degree (90°) pattern which is designed to accommodate two-way traffic.

         d.   Driveways and surface parking shall be set back from adjacent property lines in Table 7.3 below:

 

         e.   Driveways and surface parking shall have increased setbacks when located adjacent to freeways and arterial highways as designated by the transportation element of the comprehensive plan to provide space for earthen berms, buffer yards, or planting strips as follows:

         (1)   Ten (10) feet from a minor arterial highway; and

         (2)   Twenty (20) feet from a principal arterial (freeway).

         f.   Surfacing: All parking lots and drives other than for a single-unit detached residence without public sewer shall be paved with a concrete or bituminous surface in accordance with standards as established by the city. All parking spaces shall be striped with suitable paint in accordance with approved plans except for single-unit detached residences.

         g.   Curb And Gutter And/Or Barriers: All parking lots, access roads, driveways, alleys, circulation drives, loading, stacking, and maneuvering areas shall have concrete curb and gutter not less than six (6) inches above the adjacent pavement surface grade on the edges of all pavement surfaces to channelize the flow of traffic, define parking utilization and conflict minimization, and to facilitate drainage and provide maximum protection to pavement integrity.

         h.   Drainage: All parking lots shall have a drainage system which is approved by the city.

         i.   Screening: When a required off street parking lot for six (6) or more cars is located adjacent to an R district, landscaping and berming to meet ninety percent (90%) opacity year-round must be provided along the R district property line. In certain situations, the city may consider, but not necessarily approve, installation of a fence or screen wall not more than six (6) feet in height but not within the required front yard.

         j.   Lighting: Lighting shall be so arranged to deflect the light away from R districts and public streets.

         k.   Maintenance: It shall be the joint responsibility of the operator and owner of any principal use to maintain, in a neat and aesthetic manner, the parking space, accessway, landscaping and required fences and walls.

         l.   Exception: The off-street parking and design and construction standards may be waived by the city upon issuance of an interim use permit (IUP) for temporary buildings in the I- 1 District.

   D.   Off-Street Loading Requirements:

      1.   Loading facilities shall be provided for every retail establishment, warehouse, manufacturing or industrial use, in excess of ten thousand (10,000) square feet gross floor area, with a general requirement of one dock or berth per seventy-five thousand (75,000) square feet gross floor area (loading facilities include docks, berths and maneuvering area).

      2.   All docks shall be located within the perimeter of the structure housing the principal or accessory use and shall be completely enclosed.

      3.   Off street loading spaces shall be equal to at least ten (10) feet by forty (40) feet, excluding maneuvering area.

      4.   At no time shall any vehicle be permitted to extend into a pedestrian way or public right-of-way while loading or unloading.

      5.   All berths shall be screened from view of all dissimilar abutting zoning districts by plant materials, walls, earthen berms, fences or combinations thereof. (Ord. 2024-04, 6-4-2024; amd. Ord. B-315, 9-17-2024)

   A.   In all non-residential districts, appropriate provisions shall be made to protect pedestrian areas from encroachments by parked or moving vehicles:

      1.   Clear and well lighted walkways shall extend throughout the site and parking area(s) connecting building entrances to adjacent public sidewalks and any parking facilities located on the site.

      2.   A walkway at least six (6) feet wide shall extend along any façade featuring a building entrance and any façade abutting a required parking area.

      3.   Concrete sidewalks, five (5) feet in width, shall be provided along any collector or arterial street.

      4.   Walkway(s) shall be made of high quality, long lasting, and decorative materials and incorporate architectural themes present in the surrounding building. Bituminous or asphalt materials are prohibited. (Ord. 2024-04, 6-4-2024)

   A.   General Provisions:

      1.   All fences shall require a fence permit from the city unless otherwise specified in this section.

      2.   All fences shall be maintained in accordance with section 9-4-7, "Public Nuisance Defined", of this code and all other applicable sections of this code.

      3.   All fences located in recorded easements are the sole risk of the property owner; and the cost of any removal, relocation, or placement of said structures caused by any activity permitted in said easements is the sole responsibility of the property owner.

      4.   Fences may be installed up to but not on the property line.

   B.   Fence Height:

      1.   Fences and walls in residential districts shall be subject to the following maximum heights:

         a.   Six (6) feet in the rear or side yard.

         b.   Forty-two (42) inches in the front yard.

      2.   Fences and walls in non-residential districts shall not exceed eight (8) feet in height. Along property lines adjacent to residential districts, the appropriate maximum fence height for residential districts shall apply.

   C.   Materials And Construction:

      1.   Every fence shall be constructed in a workmanlike manner of substantial materials widely accepted in the fencing industry and reasonably suited for the purpose for which the fence is intended.

      2.   The side of any fence considered to be its "face" (i.e., the finished side having no structural supports) shall face the abutting property or street right- of-way.

      3.   No plywood boards, canvas, plastic sheeting, metal sheeting or similar materials shall be used for any fence construction.

      4.   Link fences shall be constructed in a manner that no barbed ends shall be at the top.

      5.   Barbed wire and electric boundary fences not exceeding six (6) feet in height shall only be permitted in the AG, AG-P, and RR districts when related to agricultural or permitted uses relative to animal husbandry.

   D.   Security Fences:

      1.   Security fences not exceeding eight (8) feet in height are permitted in the I-2 District and may be permitted in the PI District with a conditional use permit. Said security fences are subject to the applicable standards listed below and throughout this title:

         a.   Security fences in the PI district shall meet the conditional use standards in 11-9-3 of this title.

         b.   Barbed wire may be permitted on top of a security fence where the applicant demonstrates the barbed wire is necessary for greater security and will not be harmful to the health, safety, or welfare of the community.

         c.   The barbed wire portion of the fence may not have more than three (3) strands, the lowest of which shall be at least six (6) feet from finished grade.

         d.   No portion of the barbed wire shall project over the public right-of-way or any adjacent public or private property.

      2.   No security fence (with or without barbed wire) shall be constructed without issuance of the applicable city permit.

   E.   Temporary Or Seasonal Fences: Temporary or seasonal fences (such as snow fences, erosion control fences, fences to protect newly seeded areas and the like) are allowed without a permit provided:

      1.   No such fence may be left in place for more than six (6) months without written city approval; and

      2.   Any such fence must be removed within fifteen (15) days of the city providing written notice to the landowner that the city has determined the fence no longer serves its originally intended temporary or seasonal purpose. (Ord. 2024-04, 6-4-2024; amd. Ord. B-322, 10-7-2025)

   A.   Landscaping:

      1.   General:

         a.   Landscaping Required:

         (1)   All areas of land other than those occupied by building or hardcover shall be landscaped with a combination of sod and plantings.

            (a)   Rock or mulch may only be used as an accent material around sod or plantings.

            (b)   Trees, shrubs, flowers, and ground cover needed in these areas shall be in addition to the minimum number of trees and foundation plantings required by subsection 2 below.

         (2)   Portions of the site may be exempt from these requirements with city approval where future development or expansion is planned within a reasonable period of time.

            (a)   These areas shall either be graded and seeded with native vegetation or maintained grass in accordance with the City of Rosemount grading requirements or remain as undisturbed natural areas containing existing viable natural vegetation that can be maintained free of foreign and noxious plant material and will not produce soil erosion due to potential increases in stormwater runoff.

         b.   Detailed landscaping plans shall be required in all development proposals requiring site plan review. Landscaping plans shall be prepared consistent with the general site plan requirements in section 11-9-1 of this title.

         c.   Grade: Final grades in all developments shall not exceed a three to one (3:1) ratio unless plans for retaining walls, terraces, or similar controls have been approved by the city.

         d.   Planting Materials: All planting materials used in site developments shall be indigenous to the appropriate hardiness zone and physical characteristics of the site.

         e.   Standards: All stock to be planted (shade and flowering trees, deciduous shrubs, coniferous evergreens, broad leaf evergreens, roses, vines and ground covers and fruit trees) must follow the standards set forth by the “American Standards for Nursery Stock” as adopted by the American Association of Nurserymen.

         f.   Materials In Healthy Condition: All planting materials shall be disease free and able to survive in assigned locations in a healthy condition with the benefit of only minor maintenance.

         g.   Boulevard Trees: All boulevard trees proposed to satisfy the minimum requirements shall be long lived hardwood species and guaranteed for no less than one full growing season from completion of site planting.

         h.   Shade Trees: When entire streets or blocks are proposed for development, shade tree species must be diversified so each side of a city block would contain at least three (3) different varieties of tree genera with at least two (2) different species (if same genus used more than once).

         i.   Exception: The required plantings may be waived by the city council upon issuance of an interim use permit (IUP) for temporary buildings in the general industrial district.

         j.   Damaged, diseased, or dead landscape materials shall be replaced so that the requirements of this chapter are met at all times. This requirement shall run with the land and be binding upon all future property owners.

      2.   Required Tree And Foundation Plantings:

         a.   All residential one- and two-unit developments shall require one deciduous tree per street frontage.

         (1)   This tree shall be placed within the street side yard.

         (2)   The trees must be planted before the issuance of an occupancy permit. If occupancy occurs during the non-planting season, a bond or other guarantee acceptable to the city in an amount determined by the city may be posted for landscaping installation.

         b.   All multi-unit residential, mixed-use, and non-residential uses:

         (1)   Multi-unit residential sites that contain buildings that are one (1) or two (2) stories shall provide a minimum of eight (8) overstory or coniferous trees plus one (1) tree per unit and multi-unit residential sites that contain buildings that are three (3) stories or higher shall provide a minimum of eight (8) overstory or coniferous trees plus one (1) tree per two (2) units. Spacing between the trees shall be a maximum of fifty (50) feet along the perimeter of the site adjacent to any roadway.

         (2)   Each mixed-use or non-residential site shall provide a minimum of one (1) overstory tree per three thousand (3,000) square feet of land area.

         Spacing between the trees shall be a maximum of fifty (50) feet along the perimeter of the site adjacent to any roadway.

         (3)   One linear foot of foundation planting per ten (10) linear feet of any principal or accessory structure perimeter.

         (4)   At least fifty percent (50%) of the total number of required overstory trees shall be deciduous. All trees planted along the site perimeter adjacent to a roadway shall be of shade or flowering tree types.

         (5)   All landscaped areas shall be irrigated.

         c.   Credit For Existing Trees: Credit for the retention of existing trees which are of acceptable species, size and location may be given to satisfy the minimum number of requirements set forth in this section.

      3.   Minimum Planting Standards. All trees installed to meet the requirements of this section shall meet the minimum planting size as identified in Table 7.3.

 

 

      4.   Planting Location: Planting materials within landscape designs shall be compatible with planned site use. As a result, trees and shrubs (except low creeping shrubs) shall not be planted:

         a.   Under existing or planned utility lines when the mature height and spread of the planting may conflict with utility lines.

         b.   Over existing or planned utility lines so that upon plant maturity the root system conflicts with the utility lines.

         c.   So that upon mature height and width of plant growth its form conflicts with local vehicular or pedestrian traffic.

         d.   So that upon mature height and width of the plant its growth habits would conflict with any public service or safety device such as stop signs, traffic lights, streetlights, etc.

         e.   Any closer than fifteen (15) feet from any fireplug.

         f.   Any closer than thirty (30) feet from any intersection as measured from the back of the curb line.

      5.   Parking Lot Landscaping:

         a.   All parking areas for multi-unit residential, mixed-use, and non-residential developments (including driveways and drive aisles) shall be screened and landscaped subject to Planning Commission review to reduce the impact of large expanses of paved surfaces, provide a more pedestrian friendly environment and provide adequate room for snow storage.

         b.   Shrubs, flowers, and ground cover needed in these areas shall be in addition to the minimum number of foundation plantings required by this title.

         c.   Required Landscaping:

         (1)   In the MX-1, MX-2, B-1, and PI districts, a minimum of ten percent (10%) of the parking area shall be landscaped.

         (2)   In the B-2 and I-1 districts, a minimum of five percent (5%) of the parking area shall be landscaped.

         (3)   This landscaping shall be located on islands or peninsulas within the parking area or along its perimeter.

            (a)   The islands or peninsulas shall be a minimum eight and one-half (8½) feet wide with a minimum area of three hundred twenty-four (324) square feet. These dimensions may be altered to provide sufficient area for the proposed landscaping to mature.

            (b)   To ensure this landscaping is properly dispersed, a minimum of one island, peninsulas or the like shall be located within each six thousand (6,000) square feet of vehicular use area.

         (4)   A minimum of one tree meeting the standards in subsection A.3 above shall be required for each ten (10) parking spaces. The remaining area shall be landscaped with shrubs or ground cover (not to include rocks or gravel except as a mulch around shrubs and ground cover) not to exceed two (2) feet in height.

      d.   When the internal planting islands are required, the island boundaries shall be constructed of concrete non-degradable material. The interior depth and total area of the island must allow the root zone of all planted materials to develop to their natural growth potential.

      6.   Landscaping Performance Security: The city may, at its option, withhold occupancy certification or require cash, a letter of credit or a bond satisfactory to the city in the amount of one hundred and ten percent (110%) of the value of the landscaping, securing the full performance of landscaping requirements. The amount of the security shall be determined by the contract value of the required improvements and may be held by the city for one full year from the date improvements were completed.

   B.   Screening:

      1.   Screening shall be used to provide a visual and noise separation of more intensive uses from less intensive uses.

         a.   Where natural materials such as trees, hedges, or berms are approved in lieu of required screening by means of walls or fences, the density and species of such plantings shall be such to achieve ninety percent (90%) opacity year-round at a height of six (6) feet.

         b.   Conifers used for screening must meet overstory planting requirements.

      2.   For all multi-unit residential, mixed-use, and non-residential uses, the following site elements shall be screened from public streets and adjacent R-1 and R-2 districts in compatibility with the design elements, materials, and colors used elsewhere on the site:

         a.   Parking Areas:

         (1)   Landscaping and berming shall be a primary source for screening parking areas. Should landscaping and berming be found ineffective by the city, the city may approve screening walls and/or decorative fencing as an alternative.

            (a)   Screening walls shall be constructed of the same materials as the principal building.

            (b)   In the MX-1, MX-2, B-1, and PI districts: Screening walls shall not extend more than twenty-five (25) feet without a change in architecture or landscaping accent to reduce their mass and appearance.

            (c)   In the B-2 district, screening walls shall not extend more than thirty-five (35) feet without a change in architecture or landscaping accent to reduce their mass and appearance.

            (d)   In the I-1 district, screening walls shall not extend more than seventy (70) feet without a change in architecture or landscaping accent to reduce their mass and appearance.

         (2)   Parking area screening shall provide a minimum fifty percent (50%) opacity screen to a height of at least four (4) feet.

         b.   Loading Areas:

         (1)   In B-2 and I-1 districts, the above screening standards also apply to loading areas. In addition, no loading area may face a public right-of-way or nonindustrial use or district.

         (2)   Loading area screening shall provide a minimum ninety percent (90%) opacity screen to a height of at least eighteen (18) feet.

         c.   Rooftop Utilities:

         (1)   The ground level view of all rooftop equipment, including, but not limited to, rooftop structures related to elevators and other mechanical utilities, shall be screened from public right-of-way and adjacent or nearby residential uses and districts.

         (2)   Screening should be accomplished by incorporating architectural building design features such as a parapet wall or sloping roof structures.

         (3)   Wood fencing shall not be permitted.

         (4)   If due to factors unique to the property or the project, it is physically impossible or impractical to screen these utilities, the City’s Planning Commission may approve alternative solutions that render them aesthetically compatible with the building.

         d.   Refuse and recycling containers.

   C.   Buffering:

      1.   Buffering In The MX-1 District:

         a.   Where the MX-1 District abuts a residential district, a ten (10)-foot-wide buffer yard shall be required.

         b.   This buffer shall contain no structures, shall not be used for parking, off street loading or storage, and shall be landscaped.

         c.   Landscaping shall include sod or seeded grass or native vegetation and planting of trees and shrubbery.

      2.   Buffering In The MX-2, B-1, B-2, I-1, And PI Districts:

         a.   In the MX-2, B-1, B-2, I-1, and PI districts, a buffer yard equal to thirty (30) feet or two times the height of the building, whichever is greater, shall be required along any side or rear property line abutting any residential or institutional use or district. Institutional uses abutting institutional uses or districts shall not be required to provide a buffer.

         (1)   The minimum buffer yard for any single occupancy building with a footprint equal to or larger than forty thousand (40,000) square feet, but not greater than one hundred thousand (100,000) square feet, shall be increased by fifty percent (50%) of the required buffer yard.

         (2)   Buffer yards for buildings with a footprint exceeding one hundred thousand (100,000) square feet shall be increased by one hundred percent (100%).

         b.   This area shall contain landscaping and berming to provide a ninety percent (90%) opacity screen to a height of at least six (6) feet and shall not contain any structures, parking, off street loading, or storage.

         c.   Should landscaping and berming be found ineffective by the city, the city may approve screening walls and/or decorative fencing as an alternative.

         (1)   Screening walls shall be constructed of the same materials as the principal building.

         (2)   Screening walls in the MX-2, B-1, and PI districts shall not extend more than twenty-five (25) feet without a change in architecture to reduce their mass and appearance.

         (3)   Screening walls in the B-2 and I-1 districts shall not extend more than thirty-five (35) feet without a change in architecture to reduce their mass and appearance. (Ord. 2024-04, 6-4-2024; amd. Ord. B-317, 11-19-2024; Ord. B-322, 10-7-2025)

   A.   Findings And Purpose Statement: The city council finds it is in the best interest of the city to protect, preserve, and enhance the natural environment of the community and to encourage a resourceful and prudent approach to the development and alteration of wooded areas. In the interest of achieving these objectives, the city has established the comprehensive tree preservation regulations herein to promote the furtherance of the following:

      1.   Protection and preservation of the environment and natural beauty of the city;

      2.   Assurance of orderly development within wooded areas to minimize tree and habitat loss;

      3.   Evaluation of the impacts to trees and wooded areas resulting from development;

      4.   Establishment of minimal standards for tree preservation and the mitigation of environmental impacts resulting from tree removal;

      5.   Provision of incentives for creative land use and environmentally compatible site design which preserves trees and minimizes tree removal and clear cutting during development; and

      6.   Enforcement of tree preservation standards to promote and protect the public health, safety and welfare of the community.

   B.   Application: The provisions of this section shall apply to all subdivision, grading permits, or construction, except for preliminary plats approved by the city prior to the adoption hereof.

   C.   Process:

      1.   For Developers: Unless otherwise determined by the city council, the following process for preserving trees shall be required from the developer:

         a.   Prepare a tree preservation plan which shall be incorporated on the grading plan.

         b.   Implement the tree preservation plan prior to and during site development.

         c.   Submit a performance of financial guarantee for compliance with the approved tree preservation plan.

         d.   Comply with the city's tree replacement procedure.

         e.   The tree preservation plan shall be submitted with preliminary plat plans or as part of the application for a grading permit. The tree preservation plan must be certified by a forester, landscape architect, or nurseryman retained by the developer.

         f.   The plat and grading plans will not be approved by the city without an approved tree preservation plan. In the case of grading permit applications, the tree preservation plan will be approved by the Zoning Administrator. This decision may be appealed directly to the city council.

      2.   For Home And Business Owners: The following process for preserving trees shall be required from the home and business owner if trees are being removed during grading or construction:

         a.   Identify:

         (1)   The significant trees and heritage trees on the property.

         (2)   The significant trees and/or heritage trees to be removed due to grading or construction.

         (3)   Protection measures used to protect the preserved trees during grading or construction.

         b.   Comply with the city's tree replacement procedure.

         c.   The tree preservation plan shall be submitted with the grading permit or building permit application. The tree preservation plan may be prepared by the applicant of the grading permit or the building permit. The tree preservation plan will be approved by city staff. This decision may be appealed directly to the board of appeal and adjustments.

   D.   Tree Preservation Plan:

      1.   The developer shall be responsible for implementing the tree preservation plan prior to and during site grading and plan development.

      2.   The tree preservation plan will be reviewed by the Zoning Administrator to assess the best overall design for the project taking into account significant trees and ways to enhance the efforts of the developer to mitigate corresponding damage.

      3.   The developer is encouraged to meet with staff prior to submission of the preliminary plat application or prior to application for the grading permit, whichever is sooner, to determine the placement of buildings, parking, driveways, streets, storage and other physical features which result in the fewest significant trees being destroyed or damaged.

   E.   Mandatory Protection: Measures to protect significant trees shall include:

      1.   Installation of snow fencing, silt fence, or polyethylene laminate safety netting placed at the drip line of significant trees to be preserved.

      2.   Identification of any oak trees requiring pruning between April 15 and July 1; any oak trees so pruned shall be required to have any cut areas sealed with an appropriate tree wound sealant.

   F.   Discretionary Protection: Measures to preserve or protect significant trees, which may be required by the city, include, but are not limited to:

      1.   Installation of retaining walls or tree wells to preserve trees by eliminating the filling or cutting of soil within drip zones.

      2.   Placement of utilities in common trenches outside of the drip line of significant trees, or use of tunneled installation.

      3.   Prevention of change in soil chemistry due to concrete washout and leakage or spillage of toxic materials, such as fuels or paints.

      4.   Use of tree root aeration, fertilization, and/or irrigation systems.

      5.   Transplanting of significant trees into a protected area for later moving into permanent sites within the construction area.

      6.   Safety pruning.

   G.   Significant Tree Removal:

      1.   Heritage Trees:

         a.   Heritage trees are unique trees to Rosemount due to their size and age.

         b.   All possible measures shall be taken to preserve these trees.

         c.   Heritage tree removal may occur only when there is not a practical alternative, such as the alignment of a collector or arterial street or the installation of a trunk utility corridor. There is a zero percent (0%) removal threshold on heritage trees, meaning every caliper inch of heritage tree removed will require replacement in accordance with the standards of subsection I below.

      2.   Significant Tree Removal For Developments:

         a.   Applicant shall retain the maximum amount of significant trees possible.

         b.   Twenty-five percent (25%) of the existing caliper inches of significant trees may be removed during development without obligation of replacement.

         c.   Any removal beyond twenty-five percent (25%) will require replacement as described in subsection I below.

      3.   Significant Tree Removal For Home And Business Owners:

         a.   Ten percent (10%) of the existing caliper inches of trees may be removed during home or business construction without obligation of replacement.

         b.   Any removal beyond ten percent (10%) will require replacement as described in subsection I below.

      4.   Trees Exempt From Replacement: The following types of trees shall not be included as part of the tally of tree removals and shall not be required to be replaced:

         a.   Dead, diseased, or dying trees;

         b.   Invasive species;

         c.   Trees that are transplanted from the site to another appropriate area within the city; or

         d.   Trees that were planted as part of a commercial business such as a tree farm or nursery.

   H.   Financial Guarantee: Refer to subsection 11-7-6A.6 above.

   I.   Tree Replacement:

      1.   Tree Replacement Formula: Replacement of removed or disturbed trees in excess of the percentage allowed by this subsection shall be according to the following guidelines:

         a.   For development which exceeds the percentage of allowable removal of significant trees, all significant trees shall be replaced at the ratio of one-half (0.5) caliper inch per one caliper inch removed.

         b.   For each heritage tree removed by the developer, all heritage trees shall be replaced at the ratio of one caliper inch per one caliper inch removed.

      2.   Size, Types, And Diversification Of Replacement Trees: Replacement trees shall be of a similar species to those that are removed, but also shall be a minimum of twenty-five percent (25%) conifers and twenty-five percent (25%) deciduous hardwoods. Required heritage tree replacement must be of the same species as the heritage tree removed. Replacement trees must be no less than the following sizes:

         a.   Deciduous trees shall be no less than two and one-half (2.5) caliper inches; and

         b.   Coniferous trees shall be no less than six (6) feet high.

      3.   Acceptable Tree Replacement Species: The following list of trees are acceptable for tree replacement species. The city may, at its discretion, approve additional species if circumstances such as soil conditions, hydrology, topography, or recent tree diseases warrant.

         a.   Black cherry;

         b.   Cedar;

         c.   Fir;

         d.   Hickory;

         e.   Linden;

         f.   Maple (except silver maples);

         g.   Oak;

         h.   Pine;

         i.   Spruce; and

         j.   Walnut.

      4.   Other Replacement Tree Requirements: Choice of replacement trees species and location of the trees should also be contingent on the following information:

         a.   Soil Composition: Comparisons should be made between soil conditions and the ecology of the proposed species to make sure they are compatible.

         b.   Spatial Requirements: The potential height and crown spread of the proposed replacement trees should be known. Usually, half of the adult tree crown diameter is the amount of distance a tree should be planted from any aboveground objects.

         c.   Diseases And Insect Problems: Appropriate replacement choices shall also consider insect and disease problems that may be common with particular species in the part of the state in which the City of Rosemount is located.

      5.   Fee In Lieu Of Tree Replacement Or Replacement Trees Planted In Public Areas: The city recognizes that there may be instances where the total amount of tree replacement required cannot occur on site or that there are some land uses (such as refining) that are not compatible with trees. In those instances, the city may, at its option, accept a fee in lieu of tree placement or allow the planting of replacement trees in public areas. Tree replacement is encouraged to happen on site as much as possible and fee in lieu of tree replacement should be used only when replacement cannot occur on site. The fee in lieu of tree replacement will be determined annually by the City Council through the City fee schedule. (Ord. 2024-04, 6-4-2024)

   A.   Lighting shall be consistent in character throughout the entire property site, in both design and bulb type.

   B.   Any light fixture must be placed in such a manner that no light emitting surface is visible from any residential area or public/private roadway, walkway, trail or other public way when viewed at ground level.

   C.   Light shall be directed toward the ground. Externally lit signs, display, building, and aesthetic lighting must be lit from the top and shine downward. Lighting must be shielded to prevent direct glare.

   D.   The level of lighting shall not exceed 0.5 lumens at any residential property line or 1.0 lumen at any nonresidential property line.

   E.   All nonessential lighting will be required to be turned off after business hours, leaving only the necessary lighting for site security.

   F.   Maximum Height:

      1.   The maximum height for exterior lighting is thirty (30) feet. The maximum height for exterior lighting within one hundred (100) feet of a residential use or district shall be twenty (20) feet.

      2.   In the PI district, the maximum height for ball field lights is eighty (80) feet. The minimum setback for such lights shall be no less than the height of the light. (Ord. 2024-04, 6-4-2024)