For the purposes of this zoning code, the land use terms defined in this chapter shall have the meanings ascribed to them herein. Where land use terms are not specifically defined in this zoning code, they shall have ascribed to them their ordinarily accepted meanings and/or such as the context herein may imply. The standards and conditions listed for land uses in this chapter are applicable to both permitted uses and uses permitted by conditional use permit, as specified for each zoning district, unless otherwise noted.

Condition in residential districts:

The use shall have lawfully occupied the property at the time of adoption of this Code.

(Ord 18-1, § 1, 1-24-18)

An organization of persons for special purpose or for the promulgation of sports, arts, sciences, literature, politics or the like, but not operated for profit, excluding churches, synagogues or other houses of worship.

(Ord 18-1, § 1, 1-24-18)

An institution for post-secondary education, public or private, offering courses in general, technical, or religious education and not operated for profit, which operates in buildings owned or leased by the institution for administrative and faculty offices, classrooms, laboratories, chapels, auditoriums, lecture halls, libraries, student and faculty centers, athletic facilities, dormitories, fraternities, and sororities, but not including colleges or trade schools operated for profit.

Standards and conditions in residential districts:

(a)

The campus boundary as defined under subparagraph (d) below at some point shall be adjacent to a major thoroughfare as designated on the major thoroughfare plan.

(b)

Buildings shall be set back a minimum of fifty (50) feet from every property line, plus an additional two (2) feet for every foot the building's height exceeds fifty (50) feet.

(c)

The height of campus buildings may exceed the maximum building height in the underlying zoning district provided that on a campus of five (5) acres or more, no building shall exceed ninety (90) feet in height; on a campus smaller than five (5) acres, no building shall exceed forty (40) feet in height.

(d)

The boundaries of the institution shall be as defined in the permit, and may not be expanded without the prior approval of the planning commission, as evidenced by an amended conditional use permit. The campus that is defined by the boundaries shall be a minimum of three (3) acres, and all property within the campus boundaries must be contiguous.

The applicant shall submit an "anticipated growth and development statement" for approval of a new or expanded campus boundary, which statement shall include but not be limited to the following elements:

(1)

Proposed new boundary or boundary expansion.

(2)

Enrollment growth plans that include planned or anticipated maximum enrollment by major category (full-time, part-time, undergraduate, graduate) over the next ten (10) years and also the anticipated maximum enrollment over the next twenty (20) years.

(3)

Plans for parking facilities over the next ten (10) years, including potential locations and approximate time of development.

(4)

Plans for the provision of additional student housing, either on-campus or off-campus in college-controlled housing.

(5)

Plans for use of land and buildings, new construction and changes affecting major open space.

(6)

An analysis of the effect this expansion (or new campus) will have on the economic, social and physical well-being of the surrounding neighborhood, and how the expansion (or new campus) will benefit the broader community.

Approval of a new or expanded campus boundary shall be based on an evaluation using the general standards for conditional uses found in section 61.500, and the following criteria:

(i)

Anticipated undergraduate student enrollment growth is supported by plans for student housing that can be expected to prevent excessive increase in student housing demand in residential neighborhoods adjacent to the campus.

(ii)

Potential parking sites identified in the plan are generally acceptable in terms of possible access points and anticipated traffic flows on adjacent streets.

(iii)

Plans for building construction and maintenance of major open space areas indicate a sensitivity to adjacent development by maintaining or providing adequate and appropriately located open space.

(iv)

The proposed new or expanded boundary and the "anticipated growth and development statement" are not in conflict with the city's comprehensive plan.

(Ord 18-1, § 1, 1-24-18; Ord. 21-27, § 1, 8-18-21; Ord 25-34, § 6, 7-16-25)

A facility that may include such things as recreational and cultural facilities, gymnasiums, swimming pools, outdoor recreation, meeting rooms, performance space, social service facilities and public health facilities. A community center may provide for such things as art, music, dance, adult and general education classes; child and adult day care; counseling; public health and social services; legal clinics; civic events; community meetings; performances; and receptions.

Standards and conditions:

(a)

Unless operated by a religious institution, other tax-exempt organization or a government agency, the use requires a conditional use permit in residential districts. A community center operated by a religious institution, other tax-exempt organization or a government agency may provide space for other types of organizations.

(b)

A conditional use permit is required for the use in the I2 general industrial district.

(Ord 22-3, § 1, 1-19-22)

Editor's note— Ord 22-3, § 1, adopted January 19, 2022, renumbered § 65.221 as § 65.222.

The care of one (1) or more children on a regular basis, for periods of less than twenty-four (24) hours per day, in a place other than the child's own dwelling unit. Day care includes family day care, group family day care and child care centers, as hereinafter defined.

(1)

Family day care. A day care program providing care for not more than ten (10) children at one (1) time, and which is licensed by the county as a family day care home. The licensed capacity must include all children of any caregiver when the children are present in the residence.

(2)

Group family day care. A day care program providing care for no more than fourteen (14) children at any one (1) time of which no more than ten (10) are under school age and which is licensed by the county as a group family day care home. The licensed capacity must include all children of any caregiver when the children are present in the residence.

(3)

Child care center. A day care program licensed by the state or the city as a child care center. Child care centers include programs for children known as nursery schools, day nurseries, child care centers, play groups, day care centers for school age children, after school programs, infant day care centers, cooperative day care centers, preschool and Head Start programs.

Standards and conditions:

(a)

In RL-H1 residential districts, a child care center shall be located in a nonresidential structure currently or formerly occupied by a church, community center, school or similar facility. In industrial districts, a child care center must be accessory to a principal use permitted in the district.

(b)

A fence at least three and one-half (3½) feet in height shall surround all play areas located in a front yard or adjacent to a public or private street.

(Ord 18-1, § 1, 1-24-18; Ord 22-3, § 1, 1-19-22; Ord 23-43, § 6, 10-18-23)

Editor's note— See editor's note, § 65.221.

Standards and conditions:

(a)

The site shall be so planned as to provide principal access directly onto or from a major thoroughfare [in definition], and to achieve a relationship between the major thoroughfare and any proposed service roads, entrances, driveways and parking areas that encourages pedestrian and vehicular traffic safety.

(b)

Development features, including the principal and accessory buildings and structures, shall be located and related so as to minimize the possibilities of any adverse effects upon adjacent property. All principal or accessory buildings or structures shall be situated at least two hundred (200) feet from any property line abutting residentially zoned or used lands; provided, that where topographic conditions are such that buildings would be screened from view, the planning commission may modify this requirement.

(c)

In residential districts, the course shall consist of at least nine (9) holes and shall not include "pitch and putt" miniature golf courses.

(d)

Golf courses shall not be lighted for night use.

(Ord 21-33, § 1, 11-10-21)

Editor's note— Ord. No. 21-33, § 3, adopted November 10, 2021, renumbered § 65.233 as § 65.230.

A facility that provides services targeted to persons experiencing homelessness, such as meals, counseling, education and practical assistance.

Standards and conditions:

(a)

In the event a wind chill advisory is issued by the National Weather Service, a facility may provide beds for overnight use within relevant capacity limits during the declared advisory for individuals referred by other overnight shelters or government agencies; the facility must be staffed while being used overnight for this purpose. Otherwise, beds are only permitted for daytime use, and overnight shelter is not permitted.

(b)

Except in B3-B5 business and IT and I1 industrial districts, a conditional use permit is required for a facility of more than seven thousand (7,000) square feet. The following standards and conditions shall be applied to any conditional use permit:

1.

A litter and trash collection plan for the facility shall be developed and submitted to the zoning administrator for approval. The plan shall require the facility operator to keep the facility and surrounding area for a reasonable specified distance free of litter and trash generated from the facility.

2.

A stated commitment to engage with the neighborhood District Council and law enforcement to foster ongoing communication, collaboration and problem-solving as needed with community stakeholders and businesses.

3.

An operator point of contact to receive reports of issues related to the facility shall be provided to the zoning administrator.

(Ord 21-33, § 1, 11-10-21)

Standards and conditions:

(a)

In the TN1 traditional neighborhood district, a conditional use permit is required for museums of more than ten thousand (10,000) square feet in gross floor area.

(b)

In traditional neighborhood districts, a museum located within a predominantly residential or mixed-use area shall have direct access to a collector or higher classification street.

(Ord 21-33, § 1, 11-10-21)

Editor's note— Ord. No. 21-33, § 1, adopted November 10, 2021, renumbered § 65.234 as § 65.250.

Editor's note— Ord 22-3, § 1, adopted January 19, 2022, repealed § 65.260 which pertained to recreation, noncommercial.

A church, chapel, synagogue, temple or other similar place of worship, along with uses directly associated with religious exercise and the place of worship such as a rectory, parsonage, convent, monastery, gathering spaces, and religious retreat and education facilities.

(Ord 18-1, § 1, 1-24-18; Ord 22-3, § 1, 1-19-22; Ord 21-33, § 1, 11-10-21)

Editor's note— Ord. No. 21-33, § 3, adopted November 10, 2021, renumbered § 65.236 as § 65.270.

Editor's note— Ord 18-1, § 1, adopted January 24, 2018, repealed §§ 65.271 and 65.272. Former §§ 65.271 and 65.272 pertained to rectory, parsonage and convent, monastery, religious retreat.

A device consisting of metal, carbon fiber, or other electromagnetically conductive rods or elements, usually arranged in a circular array on a single supporting pole or other structure, and used for the transmission and reception of radio waves in wireless telephone communications.

Standards and conditions:

(a)

In residential, traditional neighborhood, Ford and business districts, a conditional use permit is required for cellular telephone antennas on a building less than forty-five (45) feet high or on a freestanding pole, except for existing utility poles or replacement utility poles required for structural reasons that match the size and appearance of the existing utility pole it replaces. In residential and traditional neighborhood districts, existing utility poles or replacement utility poles to which cellular telephone antennas are attached shall be at least sixty (60) feet high unless the antennas are located within a canister of a maximum three (3) feet in height and eighteen (18) inches in diameter that is colored to blend with the pole, in which case the pole shall be at least twenty-five (25) feet high. Conditional use permit review for such antennas will take into account not only the request made by the application, but also any future eligible facility modifications allowed under 47 CFR § 1.40001, such as antennas of a more obtrusive design or placement than the subject application. A conditional use permit is not required for any eligible facility modification allowed under 47 CFR § 1.40001, nor for any "small wireless facility" placement in the public right-of-way that meets the requirements of Minnesota Statutes 237.162 and 237.163 and is not on a new pole in a one-family residential district.

(b)

In residential, traditional neighborhood, Ford and OS-B3 and B5 business districts, the antennas shall not extend more than fifteen (15) feet above the structural height of the structure to which they are attached. In B4 business and industrial districts, the antennas shall not extend more than forty (40) feet above the structural height of the structure to which they are attached.

(c)

For antennas proposed to be located on a building less than forty-five (45) feet high in residential, traditional neighborhood, Ford and business districts, or on a new freestanding pole in residential, traditional neighborhood, Ford and business districts, the applicant shall demonstrate that the proposed antennas cannot be accommodated on an existing freestanding pole or an existing structure at least forty-five (45) feet high within one-half (½) mile radius of the proposed antennas due to one (1) or more of the following reasons:

(1)

The planned equipment would exceed the structural capacity of the existing pole or structure.

(2)

The planned equipment would cause interference with other existing or planned equipment on the pole or structure.

(3)

The planned equipment cannot be accommodated at a height necessary to function reasonably.

(4)

The owner of the existing pole, structure or building is unwilling to co-locate an antenna.

(d)

In residential, traditional neighborhood, Ford and business districts, cellular telephone antennas to be located on a new freestanding pole are subject to the following standards and conditions:

(1)

The freestanding pole shall not exceed seventy-five (75) feet in height, unless the applicant demonstrates that the surrounding topography, structures, or vegetation renders a seventy-five-foot pole impractical. Freestanding poles may exceed the above height limit by twenty-five (25) feet if the pole is designed to carry two (2) antennas. A new freestanding pole in the public right-of-way shall not exceed a height of fifty (50) feet.

(2)

Antennas shall not be located in a required front or side yard and, except for "small wireless facility" placement in the public right-of-way that meets the requirements of Minnesota Statutes 237.162 and 237.163, shall be set back one (1) times the height of the antenna plus thirty-eight (38) feet from the nearest residential building.

(3)

Except for "small wireless facility" placement in the public right-of-way that meets the requirements of Minnesota Statutes 237.162 and 237.163, in residential, traditional neighborhood and Ford districts the pole shall be on institutional use property at least one (1) acre in area, and in business districts the zoning lot on which the pole is located shall be within contiguous property with OS or less restrictive zoning at least one (1) acre in area.

(e)

In industrial districts, cellular telephone antennas on a freestanding pole shall not exceed one hundred twenty-two (122) feet in height, shall not be located in a required front or side yard, and shall be set back one (1) times the height of the antenna plus thirty-eight (38) feet from the nearest residential structure.

(f)

Antennas located in historic districts shall be subject to review and approval of the heritage preservation commission.

(g)

Freestanding poles shall be a monopole design.

(h)

Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary, it shall be permitted and regulated as an accessory building, section 63.500.

(i)

In residential, traditional neighborhood, business, and Ford districts, antennas, support structures and transmitting, receiving and switching equipment shall blend into the surrounding environment to the greatest extent possible through the use of color, camouflaging architectural treatment, and landscaping where appropriate. Antennas on a structure shall be aesthetically compatible with the structure. Scaled drawings or photographic perspectives showing the antenna, pole and equipment building and a landscape and landscape maintenance plan shall be submitted with the permit application showing compliance with this provision.

(j)

Cellular telephone antennas, poles and supporting structures and equipment buildings that are no longer used for cellular telephone service shall be removed within one (1) year of nonuse.

(Ord 15-19, § 1, 5-13-15; Ord 18-1, § 1, 1-24-18)

A parabolic dish or cornucopia shaped electromagnetically reflective or conductive element used for the transmission and/or reception of point-to-point UHF or VHF radio waves in wireless telephone communications, and including the supporting structure thereof.

Standards and conditions:

(a)

The antennas, transmitting towers or array of towers shall be located on a continuous parcel having a dimension equal to the height of the antenna, transmitting tower or array of towers measured between the base of the antenna or tower located nearest to a property line, unless a qualified structural engineer shall specify in writing that the collapse of any antenna or tower will occur within a lesser distance under all foreseeable circumstances.

(b)

The installation shall meet all requirements as outlined under section 61.400, site plan review.

A wire, set of wires, metal or carbon fibre rod or other electromagnetic element used to transmit public or commercial broadcast radio or television programming, and including the supporting structure thereof.

Standards and conditions:

See section 65.311, antenna, public utility microwave.

A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include but not be limited to what are commonly referred to as satellite earth stations, TVRO's (television receive only), and satellite microwave antennas.

Standards and conditions:

(a)

Except in industrial districts, commercial, private and public satellite dish transmitting or receiving antennas shall not exceed three (3) meters in diameter.

(b)

In the I1 industrial district, a conditional use permit is required for satellite dish antennas in excess of three (3) meters in diameter.

(c)

Satellite dish antennas shall be located on zoning lots of sufficient size to assure that an obstruction-free transmit-receive window or windows can be maintained within the limits of the property ownership.

(d)

Except where the antenna is screened by a structure exceeding the antenna height, landscape buffering and screening shall be maintained on all sides of the satellite dish antenna in a manner in which growth of the landscape elements will not interfere with the transmit-receive window.

(e)

The installation shall meet all requirements as outlined under section 61.400, site plan review.

Standards and conditions in Ford and business districts.

There may be service yards, but there shall be no storage yards.

(Ord 18-1, § 1, 1-24-18)

Development standard in residential, traditional neighborhood, Ford and OS—B4 business districts:

There shall be no outdoor storage.

(Ord 18-1, § 1, 1-24-18)

A solar electric (photovoltaic) facility that provides electric power for off-site uses on the distribution grid, consistent with Minn. Statutes 216B.1641.

Standards and conditions:

(a)

Community solar energy generation facilities shall be subject to height and setback standards that apply to buildings in the district, provided that in residential districts the height standards for accessory solar energy systems in section 65.921 shall apply.

(b)

A ground-mount (freestanding) community solar energy generation facility shall require a conditional use permit, the application for which shall include a site plan including landscaping and elevations and a completed copy of the pollinator-friendly solar scorecard published by the Minnesota Board of Soil and Water Resources.

(c)

For a facility within five hundred (500) feet of an airport or within the A or B safety zones of an airport, the applicant must complete and provide the results of the solar glare hazard analysis tool for the airport traffic control tower cab and final approach paths, consistent with the interim policy, FAA review of solar energy projects on federally obligated airports, or most recent version adopted by the FAA.

(d)

Solar panels must be removed, including structures and foundation, in the event they are not in use for one (1) year.

(Ord 19-10, § 1, 6-26-19)

Editor's note— Ord 19-10, § 1, adopted June 26, 2019, renumbered § 65.322 as § 65.323.

Utility and public service buildings include such things as water and sewage pumping stations and telephone exchange buildings.

Standards and conditions in residential, traditional neighborhood, Ford and OS—B4 business districts:

(a)

Except for off-street parking and loading, the use shall be completely enclosed within a building. There shall be no outside storage.

(b)

Except in business districts, the application shall include substantiating evidence that operating requirements necessitate locating the use within the district in order to serve the immediate vicinity.

(Ord 18-1, § 1, 1-24-18; Ord 19-10, § 1, 6-26-19)

Editor's note— See editor's note, § 65.322.

A privately owned or leased site that has been approved by the city, the county and the state pollution control agency for the storage, transfer or composting of yard waste.

Standards and conditions:

See section 65.331, yard waste site, municipal.

A site owned or leased by a governmental entity and approved by the city, the county and the state pollution control agency for the storage, transfer or composting of yard waste.

Standards and conditions:

(a)

Only yard waste and source-separated organics shall be accepted.

(b)

The municipal yard waste site shall be located no closer than three hundred (300) feet from any residentially used property as measured from the edge of the nearest compost pile to the nearest residentially used property.

(c)

The municipal yard waste site shall be enclosed by fencing or shall limit vehicular and pedestrian access through the use of berms, trees or other means. In industrial districts, the site may have greenhouses for composting yard waste.

(d)

The height of the compost pile shall be limited to no higher than fifteen (15) feet above grade. In residential districts, the size of the municipal yard waste site shall be limited to no more than three thousand (3,000) cubic yards of material per acre.

(e)

The site shall be maintained cleanly including the immediate removal of waste materials deposited on or near the site which cannot be composted.

(f)

Source-separated organics shall be for collection and transfer only, with no on-site composting of material. All source-separated organics shall be residentially generated and kept within leak-proof, closed containers while on the site, and shall be removed regularly.

(Ord 14-3, § 2, 2-12-14)

Light manufacturing includes, but is not limited to, the following:

(a)

Manufacture, compounding, assembling, or treatment of articles or merchandise from previously prepared materials such as, but not limited to: bone, canvas, cellophane, cloth, cork, electronic components, feathers, felt, fiber, fur, glass, hair, horn, leather, nonferrous metals, paper, plastic, precious or semiprecious metals or stones, rubber (excluding rubber or synthetic processing, tires and inner tubes), steel, sheet metal, shell, textiles and fabrics, tobacco, wax, wire, wood (excluding saw and planing mills) and yarns;

(b)

Manufacture or assembly of automobiles, boats less than one hundred (100) feet in length, and electrical appliances and equipment;

(c)

Bottling, all beverages;

(d)

Manufacture, assembly, compounding, processing, packaging or treatment of such products as, but not limited to:, hardware and cutlery, nontoxic chemicals, pharmaceuticals, and food products (excluding slaughtering of animals and preparation of meat for packing, sugar refining, oils, and grain, feed or flour milling, processing or storage);

(e)

Manufacture of glass and glass products, ceramics, china, pottery and other similar ceramic products using only previously pulverized clay, and kilns fired only by electricity or gas;

(f)

Metal working, such as stamping, welding, machining, extruding, engraving, plating, grinding, polishing, cleaning and heat treating;

(g)

More than fifteen thousand (15,000) square feet of cannabis or hemp product manufacturing within an indoor facility.

Standards and conditions:

(a)

Odors, noise, vibration, glare and other potential side effects of cannabis or hemp product manufacturing processes shall not be discernable beyond the property line.

(Ord 24-21, § 1, 9-18-24)

General industrial uses include higher impact and outdoor uses which are likely to have greater off-site impacts and which require special measures and careful site selection to ensure compatibility with the surrounding area. General industrial uses often include processing of raw materials and production of primary materials. General industrial uses include, but are not limited to, the following:

(a)

Production, processing, cleaning, servicing, testing, repair or storage of materials or products which shall not be injurious or offensive to occupants of adjacent premises by reason of the emission of noise, vibration, smoke, dust or particulate matter, toxic and noxious materials, odors, glare or heat, except those uses specifically first allowed as permitted uses in the I3 heavy industrial district;

(b)

Storage and processing facilities for building materials including, but not limited to, brick, concrete, gravel, sand, stone, tile and wood;

(c)

Manufacture, processing and reprocessing of batteries; toxic chemicals; fertilizer; oils and oil-based paints, lacquers and varnishes; raw plastics; synthetic resins and fibers; and natural or synthetic rubber, including tires and inner tubes;

(d)

Grain, feed and flour milling, processing and storage;

(e)

Steel mills, metal refining and other processing that requires intense heat.

(C.F. No. 09-341, § 2, 4-22-09; Ord 13-22, § 5, 8-21-13)

Uses which service, process or manufacture outside of a completely enclosed building.

Standards and conditions:

(a)

Outdoor servicing, processing, manufacturing or the storage of materials used in these operations shall be at least three hundred (300) feet from a residential or traditional neighborhood district boundary.

(b)

All outdoor servicing, processing or manufacturing shall be conducted, operated and maintained in accordance with any necessary permits of the state pollution control agency, the county and the city.

(c)

The applicant shall provide a site plan showing the location of buildings; areas of outdoor storage, servicing, processing or manufacturing; and fences and walls. A narrative shall accompany the plan stating the measures the applicant will take to contain on the property any dust, odor, noise or other potentially adverse effects.

(C.F. No. 09-341, § 3, 4-22-09; Ord 13-22, § 5, 8-21-13)

A facility with a capacity to manufacture one million (1,000,000) or fewer barrels of alcoholic and nonalcoholic malt liquor a year. This definition excludes brew on premises stores as defined herein and/or small breweries operated in conjunction with a bar or restaurant defined herein as an accessory use.

A facility with a capacity to manufacture over one million (1,000,000) barrels of alcoholic and nonalcoholic malt liquor a year. This definition excludes brew on premises stores as defined herein and/or small breweries operated in conjunction with a bar or restaurant defined herein as an accessory use.

Standards and conditions:

(a)

All cement (including Portland cement), asphalt cement and asphalt processing and storage shall be at least three hundred (300) feet from a residential or traditional neighborhood district boundary.

(b)

See Section 65.812 (b) and (c).

(C.F. No. 09-341, § 1, 4-22-09; Ord 13-22, § 5, 8-21-13)

Standards and conditions:

(a)

All concrete, asphalt and rock processing and storage shall be located at least three hundred (300) feet from a residential or traditional neighborhood district boundary.

(b)

The use shall be conducted, operated and maintained in accordance with any necessary MPCA, county and city permits, copies of which shall be provided to and maintained on file by the zoning administrator.

(c)

The following shall be provided with an application for a conditional use permit:

(1)

A site plan drawn to scale showing the location of buildings; areas of outdoor processing and storage; fences, walls, landscaping and screening vegetation; and the location of any stream, river (including the ordinary high water level), lake, wetland and major topographical feature within three hundred (300) feet of the site.

(2)

A description of sources of sound, including hours of operation and measures to conform to noise regulations laid out in Sec. 293 of the Legislative Code.

(3)

A dust management plan describing dust emission sources, their quantity and composition, and indicating conformance with all applicable air quality regulations.

(4)

A drainage plan for stormwater management and runoff indicating conformance with all applicable stormwater regulations.

(5)

A traffic plan describing the number of truck/vehicle trips the proposal will generate and the principal access routes to the facility including a description of the facility's traffic impact on the surrounding area.

(C.F. No. 09-341, § 4, 4-22-09; Ord 13-22, § 5, 8-21-13)

Editor's note— C.F. No. 09-341, § 4, adopted April 22, 2009, amended the Code by renumbering former § 65.822 as a new § 65.823.

Wholesale business whose principal activity is the growing and selling of plants within an enclosed building, including commercial cannabis cultivation over fifteen thousand (15,000) square feet.

Standards and conditions:

(a)

Odors, noise, vibration, glare and other potential side effects of cannabis cultivation processes shall not be discernable beyond the property line.

(C.F. No. 09-341, § 5, 4-22-09; Ord 24-21, § 1, 9-18-24)

Editor's note— C.F. No. 09-341, § 5, adopted April 22, 2009, amended the Code by renumbering former § 65.823 as a new § 65.824.

Any commercial facility, as defined in Minnesota Rules 7045.0020, for which a Minnesota Pollution Control Agency (MPCA) permit is required, treating hazardous waste generated at any off-site location, that is designed and operated to modify the chemical composition or chemical, physical or biological properties of a hazardous waste by means such as reclamation, distillation, precipitation or other similar processes, which neutralizes the waste or renders it nonhazardous, safer for transport, amendable for recovery, storage or reduced in volume, excepting "elementary neutralizing units" and "pretreatment units," as defined in Minnesota Rules, chapter 7045.0020. Hazardous waste processing does not include incineration or disposal.

Standards and conditions:

(a)

The facility shall be located within an area of the city included in the Minnesota Waste Management Board's "Inventory of Preferred Areas for Processing Facilities," dated August 1983, and subject to the facility proposer receiving all applicable permits and approvals, and meeting all conditions.

(b)

The minimum distance between structures housing hazardous waste processing facilities and residentially zoned property shall be one thousand (1,000) feet measured from the closest point of the structure to the zoning district boundary.

(c)

An environmental assessment worksheet (EAW) and environmental impact statement (EIS) shall be completed if required under environmental quality board rules.

(d)

Performance agreements and financial guarantees shall be provided and maintained as required by the conditional use permit. The performance agreements and supporting financial guarantees shall, at a minimum, cover the following: completion of required site improvements; emergency cleanup and mitigation activities by the operator, after which the city may initiate and complete appropriate cleanup activities; and closure activities in accordance with Minnesota Rules 7045.0498—.0524.

(e)

Submittal of proposer's operating credentials, including: proposer's management experience with comparable hazardous waste facility; proposer's, proposer's partners, and proposer's parent company's net worth and bonding capacity, demonstrating compliance with federal standards as set forth in Code of Federal Regulations (CFR) 40, Parts 123, 264, and 265; references from persons familiar with proposer's hazardous waste facility management experience; evidence of permit application submittal to applicable county, state and federal agencies.

(f)

Compliance with U.S. Environmental Protection Agency and MPCA inspection and reporting requirements in accordance with CFR 40, Parts 264 and 265 or Minnesota Rules 7045.

(g)

All facilities newly constructed for or modified for the purpose of processing hazardous waste materials shall be directly accessible from a primary arterial roadway as defined and designated in the transportation section of the comprehensive plan for the city.

(h)

There shall be a minimum setback from stormwater holding areas, natural drainage facilities, and wetlands in accordance with Minnesota Rules 7045.0460.

(i)

All stormwater runoff shall be managed in accordance with Minnesota Rules 7045.0526 and 7045.0528.

(j)

There shall be no outside storage of hazardous waste except as permitted by MPCA.

(k)

All loading or unloading of hazardous materials must occur in compliance with Minnesota Rules 7045.

(l)

A copy of the contingency plan, and all amendments and revisions, including operating log, required under Minnesota Rules 7045.0466 must be maintained at the facility and with emergency response agencies of the city.

(m)

The developer shall provide, at his sole expense, maintenance and continued implementation of approved emergency training programs for all employees at the time of their initial hiring and during their continued employment and for public safety personnel of the city. The training programs shall be reviewed annually for currency.

(n)

The developer/operator must prepare and maintain contingency plans to include provisions for alerting applicable agencies, and provision for emergency evacuation of the facility and the surrounding area, in accordance with Minnesota Rules 7045.0466.

(o)

Proposer's site, operating plans, contingency plans, and training programs shall conform to MPCA permit review under Minnesota Rules 7001.0001-.0730.

(p)

Any conditional use permit issued for facilities under this section shall be subject to an annual review by the planning commission to ascertain that operations of the facility continue to be in compliance with all conditions of the permit and the Legislative Code.

A facility that collects recyclable hazardous and industrial non-hazardous wastes from very small quantity generators (VSQG), as defined in Minnesota Rules 7045.0320, and consolidates these wastes into larger containers that meet minimum shipment requirements (generally fifty-five-gallon drums), and transfers them to an appropriate processing facility within ten (10) days of receipt.

Standards and conditions:

(a)

The facility shall be at least three hundred (300) feet from a residential or traditional neighborhood district boundary.

(b)

The facility shall meet all state requirements of a VSQG collection site, including a license issued by the Saint Paul-Ramsey County Department of Public Health.

(c)

The facility shall document the safety of any outdoor storage of collected materials.

(d)

The facility shall collect the waste or shall ensure that customers are trained to safely transport the material to the facility.

(e)

The facility shall not accept or collect household hazardous waste or explosive, radioactive, infectious, or putrescible materials.

(f)

The facility shall be kept free of litter and any other undesirable materials and cleaned of loose debris on a daily basis.

(Ord 13-22, § 5, 8-21-13)

Editor's note— Ord 13-22, § 5, adopted August 21, 2013, amended the Code by renumbering former §§ 65.831 and 65.832 as new §§ 65.832 and 65.833, and adding a new § 65.831.

Standards and conditions:

See section 65.833, infectious waste processing facility, standards and conditions (a)—(c).

(Ord 13-22, § 5, 8-21-13)

Note— Former § 65.831. See editor's note, § 65.831.

A site, including the land and any structures thereon, where infectious waste or pathological waste is accepted, transferred, stored, handled, treated, decontaminated, processed or disposed. Infectious waste processing facility does not include the site of a generator of infectious waste which is governed by the state department of health, as set forth in Minnesota Statutes, section 116.81, subdivision 2.

Standards and conditions:

(a)

The treatment of the waste shall be conducted within completely enclosed buildings.

(b)

The storage of the waste shall be within completely enclosed buildings, except that the storage of the waste may be within trailers, provided the trailers are securely locked and are temperature controlled to prevent putrescence, as directed by the department of safety and inspections. The waste shall be stored for no more than forty-eight (48) hours, except that waste accepted on Friday must be disposed of no later than the following Monday.

(c)

All structures containing the waste operations shall be at least three hundred (300) feet from a residential or traditional neighborhood district boundary.

(d)

The incineration of infectious wastes shall be prohibited.

(C.F. No. 07-149, § 38, 3-28-07; Ord 13-22, § 5, 8-21-13)

Note— Former § 65.832. See editor's note, § 65.831.

A facility that accepts, stores, and shreds large used recyclable metal products, including motor vehicles, appliances, sheet iron, industrial clips, whether or not maintained in connection with another business. Shredding is the reduction in size of the metal products by means of a rotor equipped with hammers, including in and out conveyors, scrubbers, separation and dust collection equipment, and other connected machines.

A facility that accepts, stores, and shreds small used recyclable metal products including cans and other small metal products (excluding motor vehicles), whether or not maintained in connection with another business. Shredding is the reduction in size of the metal products by means of a rotor equipped with hammers, and may include in and out conveyors, scrubbers, separation and dust collection equipment, and other connected machines. This use is included in the definition of "recycling processing center."

The extraction of sand, gravel, rock, soil or other material from the land in the amount of one thousand (1,000) cubic yards or more and the removing thereof from the site without processing, with the exception of the removal of materials associated with construction of a building which is approved in a building permit.

Any business whose principal activity is to obtain used motor vehicles to salvage and sell usable parts therefrom and which maintains a premises upon which to accumulate and dismantle such vehicles.

Standards and conditions:

See section 65.846, recycling processing center, outdoor.

A facility that accepts, stores and processes recyclable materials, not including concrete, asphalt and rock, whether or not maintained in connection with another business. Processing includes, but is not limited to, baling, briquetting, crushing, compacting, grinding, shredding, sawing, shearing, and sorting of recyclable materials and the heat reduction or melting of such materials. This definition includes small metal shredders as defined in section 65.841 and excludes large metal shredders as defined in section 65.840.

Standards and conditions:

(a)

All processing activities shall be conducted within a wholly enclosed building.

(b)

Outdoor storage of materials shall be within covered containers or behind an opaque visual screen meeting the requirements of section 63.114, visual screens, on three (3) sides. Such outdoor storage shall be located at least three hundred (300) feet from any residential district.

(c)

There shall be no outdoor open burning on the site.

(d)

All types of processing are allowed except heat reduction that would otherwise be permitted in the I2 general industrial district.

(Ord 13-22, § 5, 8-21-13)

Standards and conditions:

(a)

Outdoor processing, salvaging and storage of the materials and motor vehicles shall be at least three hundred (300) feet from a residential or traditional neighborhood district boundary. The area used for the outdoor processing, salvaging and storage shall be behind an obscuring wall, fence, structure, or landscaped buffer at least eight (8) feet high providing for reasonable operation of the business.

(b)

There shall be no outdoor open burning on the site. The use of cutting torches, furnaces and other equipment which produce a flame shall not be construed to constitute open burning.

(c)

There shall be no stacking of material above the height of the obscuring structure, wall or fence, except that material set back three hundred (300) feet from the nearest residential zoning district may be stacked one (1) foot higher than the obscuring structure, wall or fence for every additional five (5) feet the material is set back from the nearest residential zoning district, up to a maximum of sixty (60) feet.

(Ord 13-22, § 5, 8-21-13)

A site that has been approved by the city, the county and the state pollution control agency (based on Minnesota Rules Section 7035.2835) for the storage, transfer or composting of specifically identified types of solid waste materials.

Standards and conditions:

(a)

Materials including, but not limited to, yard waste, sand, grit, sludge, paper mill waste, shredded paper, food waste, residential solid waste and other refuse derived fuels shall be accepted.

(b)

All storage, transfer or composting of such materials and the maneuvering of equipment and vehicles shall be conducted on an asphalt or concrete surface previously paved to specifications designed to handle anticipated loads. Runoff from the site shall be controlled in accordance with city requirements and other applicable government agency provisions.

(c)

All composting materials in the active composting stage shall be turned or aerated by a blower system at least two (2) times per month or more often as required.

(d)

The facility shall be enclosed by an eight-foot fence to control vehicular and pedestrian access. There shall be appropriate buffering of the facility from residential zoning or uses by the use of berms, trees or other means deemed appropriate by the planning commission or zoning administrator. The site may have greenhouses for composting solid waste materials.

(e)

The facility shall be located at least three hundred (300) feet from any residential or traditional neighborhood district boundary, measured from the edge of the nearest compost pile to the nearest residential or traditional neighborhood district boundary.

(f)

The height of the compost pile(s) shall be limited to no higher than fifteen (15) feet above grade.

(g)

The operator of the facility shall be responsible for maintaining the facility free of loose wind-driven refuse. All materials collected at the site which cannot be composted shall be removed from the property at regular intervals or stored to not become a nuisance. In no case shall these materials be stored on the site for more than seven (7) working days.

(h)

The facility shall have available a loader such as a front end loader, a windrow turner, a rotary screening unit and any other equipment deemed necessary by the city.

(i)

A site plan illustrating compliance with these and all other applicable requirements as well as a detailed explanation of the solid waste compost activities planned for the site must be submitted to and approved by the planning commission or zoning administrator.

(Ord 13-22, § 5, 8-21-13)

An intermediate facility in which garbage, refuse and other solid waste collected from any source is temporarily deposited to await transportation to a waste facility. This includes sites for the sorting of construction and demolition material.

A building, structure or use which is clearly incidental to, customarily found in connection with, and (except as provided in section 63.300) located on the same zoning lot as, the principal use to which it is related.

When "accessory" is used in the text, it shall have the same meaning as "accessory use."

An accessory use includes, but is not limited to, the following:

(a)

Accessory off-street parking spaces, open or enclosed, subject to the accessory off-street parking regulations for the district in which the zoning lot is located.

(b)

Accessory off-street loading, subject to the off-street loading regulations for the district in which the zoning lot is located.

(c)

Domestic storage in a barn, shed, tool room or similar accessory building or other structures including the storage of antique and classic automobiles within accessory structures.

(d)

Storage of merchandise normally carried in stock in connection with a business or industrial use, unless such storage is excluded in the applicable district regulations.

(e)

Storage of goods used in or produced by industrial uses or related activities, unless such storage is excluded in the applicable district regulations.

(f)

Trash containers, including garbage dumpsters, in accordance with chapter 357 of the Saint Paul Legislative Code.

(g)

Accessory signs, subject to the sign regulations for the district in which the zoning lot is located.

(h)

Uses clearly incidental to a main use such as, but not limited to, offices of an industrial or commercial complex; greenhouses accessory and incidental to a florist; and auto rental accessory and incidental to a hotel or railroad passenger station.

(i)

Residential accommodations for servants or caretakers located within the main dwelling and without separate cooking facilities.

(j)

Swimming pools for the use of the occupants of a residence or their guests.

(k)

A newsstand primarily for the convenience of the occupants of a building which is located wholly within such building and has no exterior signs or displays.

(l)

A small brewery operated in conjunction with a bar or restaurant provided the beer is sold for consumption on the premises and not sold to other bars, restaurants or wholesalers, except that an establishment licensed under Minn. Stat. § 340A.301, subd. 6(d) may sell "growlers" off-sale with appropriate city license.

(m)

An enclosed, single-bay car wash operated in conjunction with an auto convenience market or auto service station.

(n)

Auto detailing and minor servicing of automobiles within and for users of a parking structure with more than fifty (50) parking spaces, using no more than ten (10) percent of the floor area of the parking facility.

(o)

Food shelf when located in a dwelling unit, an accessory building for a dwelling unit, a religious institution, or a community center.

(p)

Overnight shelter for up to twenty-five (25) adults, and minor children in their care, accessory to a religious institution.

(q)

Homeless services facility accessory to a religious institution, subject to the standards and conditions in section 65.240.

(r)

Cannabis transportation and delivery accessory to a cannabis business.

(s)

Cannabis and hemp product manufacturing accessory to craft breweries, craft wineries, or craft distilleries.

(t)

Cannabis cultivation for research or educational purposes, accessory to a college, university, or similar institution of higher learning.

(Ord 11-27, § 1, 4-20-11; Ord 15-32, § 5, 7-22-15; Ord 22-3, § 1, 1-19-22; Ord 24-21, § 1, 9-18-24)

A wire, set of wires, metal or carbon fiber element(s), including no more than one (1) satellite dish antenna three (3) meters or less in diameter, used to receive radio, television or electromagnetic waves, and including the supporting structure thereof, permitted as accessory uses in all zoning districts.

Standards and conditions:

(a)

Accessory antennas shall not be erected in any required yard, except a rear yard, and shall be set back a minimum of three (3) feet from all lot lines.

(b)

Guy wires or guy wire anchors shall be set back a minimum of one (1) foot from all lot lines.

(c)

Accessory antennas and necessary support structures, monopoles or towers may extend a maximum of fifteen (15) feet above the normal height restriction for the affected zoning district.

(Ord 15-32, § 5, 7-22-15)

A wire, set of wires or a device, consisting of a metal, carbon fiber or other electromagnetically conductive element used for the transmission and reception of radio waves used for short-wave radio communications, and including the supporting structure thereof, permitted as an accessory use in all zoning districts.

Standards and conditions:

See section 65.911. Antenna, radio and television receiving.

(Ord 15-32, § 5, 7-22-15)

A dwelling unit that is secondary to a principal one-family dwelling, within or attached to the one-family dwelling or in a detached accessory building on the same zoning lot.

Standards and conditions:

(a)

Number of accessory units. There must be no more than two (2) accessory dwelling units for each one-family dwelling on a zoning lot. If there are two (2) accessory dwelling units for a one-family dwelling, at least one must be detached from the one-family dwelling, except for development that retains at least fifty (50) percent of the floor area of an existing principal residential structure on the zoning lot. If the development retains at least fifty (50) percent of the floor area of an existing principal residential structure on the zoning lot, both accessory dwelling units may be attached.

(b)

Compliance with other city, local, regional, state and federal regulations. Pursuant to section 60.109 of the Zoning Code, all accessory dwelling units must comply with city, local, regional, state and federal regulations.

(c)

Unit occupancy. The combined occupancy of the principal dwelling unit and accessory dwelling units must not exceed the number of occupants as specified in the definition of household in section 60.209.

(d)

Unit size. The total floor area of each accessory unit must not exceed eight hundred (800) square feet or seventy-five (75) percent of the floor area of the principal dwelling unit, whichever is greater.

(e)

Access and entrances.

(1)

A walkway must be provided from an abutting public street to the primary entrance of the accessory dwelling unit.

(2)

Upper floor units within the principal structure must have interior stairway access to the primary entrance of the unit. Secondary stairways required for fire safety may be located on the exterior of the side or rear of the building, but are not allowed on the front of the building.

(3)

Exterior stairways must be built of durable materials that match the finish of the principal structure or accessory building to which they are attached. Raw or unfinished lumber is not permitted.

(f)

Ownership. Accessory dwelling units must not be sold separately from the principal dwelling unit, and may not be a separate tax parcel.

(g)

Height. In RL-RM2 residential districts, the height of a detached accessory building containing accessory dwelling units must conform to section 63.501(d).

(Ord 16-13, § 3, 9-14-16; Ord 18-28, § 1, 10-17-18; Ord 21-4, § 2, 3-10-21; Ord 22-1, § 2, 1-19-22; Ord 23-43, § 6, 10-18-23)

Standards and conditions:

All yards containing hot tubs shall be secured as required in section 65.923(d) or shall have a cover, which shall be locked when the hot tub is not in use. A hot tub shall not be located in a required front or side yard, less than three (3) feet from any lot line, or in a public easement.

(Ord 15-32, § 5, 7-22-15; Ord 18-1, § 1, 1-24-18)

Mobile residential dwellings established on or adjoining the grounds of a religious institution's principal worship location that meet the requirements of Minn. Stat., § 327.30, for the purpose of providing permanent housing for chronically homeless persons, extremely low-income persons, and designated volunteers.

Standards and conditions

(a)

Micro-unit dwellings accessory to a religious institution must meet all requirements of Minn. Stat., § 327.30. For the purposes of this section, the definitions in Minn. Stat., § 327.30 apply.

(b)

A site plan meeting the requirements of Leg. Code § 61.402 must be submitted and approved before building permits are issued. Micro-unit dwellings accessory to a religious institution must not be established in a required yard except a rear yard and must be set back a minimum of ten (10) feet from all property lines; they are not subject to minimum lot area per unit and floor area ratio standards.

(c)

Concurrent with submission of the site plan, the religious institution must provide a written plan approved by the religious institution's governing board that outlines:

(1)

Disposal of water and sewage from micro-units if not plumbed;

(2)

A proposed design of the sanitary system for the micro-units, if not connecting to the principal building's sanitary sewer system;

(3)

Parking and lighting;

(4)

Access to units by emergency vehicles;

(5)

Protocols for security and conduct of residents; and

(6)

Safety protocols for severe weather.

(d)

Annually, the religious institution must submit to the department of safety and inspections written certification that the institution's micro-unit dwellings comply with the eligibility requirements in Minn. Stat., § 327.30.

(Ord 23-57, § 2, 12-13-23)

Standards and conditions:

(a)

Any retail service or office use on the zoning lot shall be clearly incidental to the principal use and designed to service only residents of the principal use.

(b)

Such use shall be provided either totally within the walls of the principal structure, or as an accessory building situated so as to provide direct access to the residents of the principal use only. There shall be no direct exterior public access to such use.

(c)

No identification sign shall be visible from any exterior view.

(d)

Such uses shall not exceed twenty-five (25) percent of the floor area at grade level, or fifty (50) percent of the floor area of a subgrade level, and shall be prohibited on all floors above the first floor or grade level.

(e)

Each one thousand (1,000) square feet of floor area devoted to such use shall be counted as one (1) dwelling unit in the computation of allowed dwelling units on the lot.

(f)

The principal structures shall contain at least fifty (50) dwelling units notwithstanding subparagraph (e) of this subsection.

Standards and conditions:

(a)

Building mounted systems shall be subject to the dimensional standards that apply to the building, provided that the height standards for building mounted systems in residential districts shall be as follows:

(1)

The system shall extend no more than three (3) feet above the surface of a roof at its exterior perimeter, and shall be set back at least one (1) foot from the exterior perimeter for every additional foot that the system extends above the height of the roof at its exterior perimeter;

(2)

The system may extend up to three (3) feet above the ridge of a gable, gambrel, hip or mansard roof.

For systems mounted on a commercial or industrial building within five (5) feet of a commercial or industrial building on an adjoining lot, a system that does not conform to the height standards that apply to the building may extend up to fifteen (15) feet above the surface of a flat roof along the common property line.

(b)

Freestanding systems shall be treated as accessory buildings for the purpose of maximum height, maximum lot area coverage, and location requirements; provided that freestanding systems in residential districts shall not exceed fifteen (15) feet in height within ten (10) feet of a parkway or an interior property line, except for a property line along an alley, with additional height equal to additional setback from property lines permitted to a maximum height of twenty-five (25) feet.

(Ord. No. 11-101, § 2, 10-26-11)

Support services within elderly housing as defined in section 65.131 including limited food service, beauty salon and retail goods sales areas.

Development standard in residential districts:

Support service areas shall not exceed five (5) percent of designated community room area.

(Ord No. 11-101, § 2, 10-26-11; Ord 15-32, § 5, 7-22-15; Ord 16-5, § 1, 4-13-16; Ord 18-1, § 1, 1-24-18)

Editor's note— Ord. No. 11-101, § 2, adopted October 26, 2011, renumbered former § 65.921 as a new § 65.922.

Any structure designed, constructed or intended to be used for outdoor swimming, either above or below grade, with a capacity of twenty-four (24) or more inches deep and having one hundred fifty (150) or more square feet of surface area.

Standards and conditions:

(a)

There shall be a distance of not less than ten (10) feet between the adjoining property line and the outside of the swimming pool wall for aboveground pools. For in-ground swimming pools, there shall be a distance of not less than five (5) feet between the adjoining property line and the outside of the pool wall.

(b)

There shall be a distance of not less than four (4) feet between the outside swimming pool wall and any building located on the same lot.

(c)

A swimming pool shall not be located in a required front or side yard, less than ten (10) feet from any street or alley right-of-way, or in a public easement.

(d)

All yards of one- and two-family structures containing swimming pools shall be enclosed by an obscuring fence or wall not less than four (4) feet in height, maintained in a professional state of maintenance or repair, and shall be constructed such that no openings, holes or gaps in the fence or wall exceed four (4) inches in any dimension except for openings protected by a door or gate. All yards of residential structures of three (3) or more units and commercial structures containing swimming pools shall be enclosed by an obscuring fence not less than five (5) feet in height, maintained in a professional state of maintenance or repair, and shall be constructed such that no openings, holes or gaps in the fence or wall exceed four (4) inches in any dimension except for openings protected by a door or gate. Sidewalls greater than four (4) or five (5) feet in height on an above ground outdoor swimming pool are not a substitute for the appropriate fence or wall. The gates shall be of a self-closing and self-latching type, with the latch on the inside of the gate, not readily available for children to open. Gates shall be capable of being securely locked when the pool is not in use.

(Ord 15-32, § 5, 7-22-15; Ord 18-1, § 1, 1-24-18)

Any device such as a windmill or wind turbine that converts wind energy to electrical energy, and associated facilities including the support structure of the system.

Standards and conditions:

(a)

A building-mounted wind energy conversion system shall be subject to the maximum building height specified for the district or a maximum of fifteen (15) feet above the height of the building to which it is attached, whichever is greater, measured to the top of the fixed portion of the system. In residential districts the system shall be set back a minimum of ten (10) feet from all exterior walls of the building to which it is attached.

(b)

In residential, traditional neighborhood and business districts, a conditional use permit is required for a freestanding wind energy conversion system with a capacity of more than two (2) kilowatts.

(c)

In residential, traditional neighborhood, business and Ford districts, a freestanding wind energy conversion system with a capacity of more than two (2) kilowatts shall be subject to the following standards and conditions:

(1)

Freestanding systems shall not exceed one hundred twenty-five (125) feet in height.

(2)

The system shall not be located in a required front or side yard and shall be set back one and one tenth (1.1) times the height of the system from residential buildings.

(3)

In residential and traditional neighborhood districts, the system shall be on institutional use property at least one (1) acre in area. In business districts, the zoning lot on which the system is located shall be in an area of contiguous business or industrial zoning at least five (5) acres in area. A maximum of one (1) wind energy conversion system per acre of lot area shall be allowed.

(d)

In industrial districts, a freestanding wind energy conversion system shall not exceed one hundred fifty (150) feet in height, shall not be located in a required front or side yard, and shall be set back one and one tenth (1.1) times the height of the system from residential buildings.

(e)

Wind energy conversion systems shall conform to the uniform building code, electric code, Minnesota Rules Section 7030 governing noise, and Chapter 293, Noise Regulations. System noise shall not exceed fifty (50) dB(A) at the nearest residential property line. For property within a locally designated heritage preservation site or district, the system shall be subject to review and approval of the heritage preservation commission.

(f)

Freestanding systems shall be mounted on a monopole type tower with a non-reflective, subdued finish that does not require guyed wires or any other means to support the tower.

(g)

Blade arcs created by a freestanding wind energy conversion system shall have a minimum of thirty (30) feet of clearance over any building or tree within a two hundred (200) foot radius.

(h)

Wind energy facilities shall be sited in a manner that minimizes any intermittent, repetitive, or rhythmic lighting or shadowing effect that is a direct result of rotating wind energy conversion system blades. The applicant has the burden of proving that this flicker effect does not have significant adverse impact on adjacent uses.

(i)

Electrical equipment shall be housed within an existing building whenever possible. If a new equipment building is necessary, it shall be permitted and regulated as an accessory building.

(j)

Wind energy conversion systems must be removed, including structures and foundation, in the event they are not in use for one (1) year.

(k)

An applicant for a building permit for a wind energy conversion system shall provide written certification to the building official from a licensed structural engineer that:

(1)

For building-mounted systems, the structure has the structural integrity to carry the weight and wind loads; and

(2)

The system is designed not to cause electrical, radio frequency, television and other communication signal interference.

(Ord 19-10, § 1, 6-26-19)

A building designed exclusively for and occupied exclusively by one (1) household in one (1) dwelling unit.

Condition in H2 residential district:

The maximum floor area of a new one-family dwelling is twenty-five hundred (2,500) square feet.

Standards and conditions in T1—T2 traditional neighborhood districts:

A new one-family dwelling shall be on a lot no more than fifty (50) feet in width, with a side yard adjoining residentially zoned property or property occupied with a one-, two-, or multiple-family dwelling, except that any existing one-family dwelling may be reconstructed within two (2) years of the removal of the building.

(Ord 21-4, § 2, 3-10-21; Ord 23-43, § 6, 10-18-23)

A building designed exclusively for and occupied exclusively by no more than two (2) households living independently of each other in two (2) separate dwelling units.

(Ord 21-4, § 2, 3-10-21; Ord 23-43, § 6, 10-18-23)

A building, or portion thereof, designed exclusively for occupancy by three (3) or more households living independently of each other in individual dwelling units.

(Ord 18-1, § 1, 1-24-18; Ord 21-4, § 2, 3-10-21; Ord 23-43, § 6, 10-18-23)

Editor's note— Ord 18-1, § 1, adopted January 24, 2018, renumbered §§ 65.116 as 65.113.

Editor's note— Ord 18-1, § 1, adopted January 24, 2018, repealed §§ 65.114 and 65.115 and renumbered § 65-116 as § 65.113. Former §§ 65.114 and 65.115 pertained to dwelling, four-family and dwelling, townhouse.

An accessory dwelling in a combined residential and garage building, separate from the main building on the lot, located above and/or adjacent to the garage.

Development standards:

(a)

A carriage house building may be regulated as an accessory building or as an additional principal residential building.

Standards and conditions in residential districts:

(b)

The building planned for use as a carriage house dwelling had space originally built to house domestic employees.

(c)

A site plan and a building plan shall be submitted to the planning commission at the time of application.

(Ord 18-1, § 1, 1-24-18; Ord. 21-27, § 1, 8-18-21; Ord 22-1, § 2, 1-19-22; Ord 22-33, § 2, 8-3-22)

The arrangement of multiple one-family dwellings, two-family dwellings, and/or multiple-family dwellings of no more than four (4) units, sharing a common open space on a single zoning lot.

Standards and conditions:

(a)

Lot size. The parcel must have a minimum size of nine thousand six hundred (9,600) square feet and a maximum size of a one-half (½) acre, but parcels of record prior to August 1, 2023, that are larger than one-half (½) acre are permitted. Individual lots within a cluster development may have less than the required lot area for provided such reductions are compensated for by an equivalent amount of property owned in common elsewhere in the cluster development. Lot area shall not include areas designated as public or private streets.

(b)

Zoning district standards. Buildings must conform to the dimensional standards for minimum lot area per unit, minimum lot width, height, and setbacks for the zoning district. Required yards within a cluster development may be reduced or eliminated provided required yards are maintained along the periphery of the cluster development. In the RL-H2 districts, the maximum number of principal units per lot does not apply to cluster developments.

(c)

Lot coverage. In the RL residential district, the total lot coverage of all buildings must not exceed forty-five (45) percent of the zoning lot. In the H1 residential district, the total lot coverage of all buildings must not exceed fifty (50) percent of the zoning lot. In the H2 residential district, total lot coverage of all buildings must not exceed fifty-five (55) percent of the zoning lot.

(d)

Accessory buildings. No more than one (1) accessory dwelling unit is permitted per one-family dwelling in the cluster development. The accessory dwelling unit must meet standards (b)—(e) in section 65.913. The accessory unit does not count towards the minimum lot size per unit standard. Accessory buildings must conform to the standards in section 63.501, except (e).

(e)

Principal buildings. Principal buildings must meet the following standards:

(1)

Each principal building must either have an entrance that abuts the common open space or must be directly connected to it by a pedestrian path.

(2)

Principal buildings within twenty (20) feet of a street property line may have their entrances facing the street and can connect to the common open space by the sidewalk in public rights-of-way that connects to the pedestrian path.

(3)

Principal buildings not facing the common open space or the street must have their main entrances facing a pedestrian path that is directly connected to the common open space.

(4)

The building design standards in section 63.110.

(f)

Common open space. The cluster development must have a common open space for use by all residents. Common open spaces must meet the following standards:

(1)

The common open space must be a single, contiguous area.

(2)

The common open space must contain a minimum of one hundred fifty (150) square feet per principal unit within the cluster development. Accessory dwelling units are not subject to this requirement.

(3)

The common open space must be a minimum of fifteen (15) feet wide at its narrowest dimension.

(4)

The common open space must contain landscaping, lawn area, community garden, paved courtyard area, recreational amenities, or a mix of any of these, and may also include stormwater management infrastructure. Impervious elements of the common open space must not exceed seventy-five (75) percent of the total common area. Driveways and parking areas do not count as common open space.

(g)

Pedestrian path. An accessible, hard-surfaced pedestrian path that is a minimum of four (4) feet wide must be provided that connects an entrance of each dwelling to the following:

(1)

The common open space;

(2)

Parking areas, if applicable;

(3)

Sidewalks in public rights-of-way abutting the site or rights-of-way if there are no sidewalks; and

(4)

A community building, if applicable.

(h)

Community building. A cluster development may include one community building, for the shared use of residents, that provides space for accessory uses such as a community meeting room, exercise room, day care, laundry facilities, noncommercial community kitchen, or eating area.

(i)

Off-street parking. Off-street parking facilities for the cluster development must conform to the standards in section 63.300.

(j)

Individual lots, buildings, street and parking areas must be designed and situated to minimize alteration of the natural features and topography.

(k)

Conditional use permit. A minimum lot area per unit that is lower than that required by the zoning district may be permitted with a conditional use permit, subject to the following conditions:

(1)

Applications must include site plans, including landscaping and elevations and other information the planning commission may request.

(2)

The floor area of individual dwelling units must be limited to no more than six hundred (600) square feet.

(3)

The development must not contain any accessory dwelling unit.

(Ord 23-43, § 6, 10-18-23)

A multiple-family structure in which eighty (80) percent of e the occupants shall be sixty-two (62) years of age or over, or a multiple-family structure owned and operated by the city public housing agency (PHA) within which over ninety-five (95) percent of the units have no more than one bedroom and are occupied by persons who are eligible for admission to public housing in accordance with current federal regulations.

Conversion or reuse of residential structures of over nine thousand (9,000) square feet gross floor area and permitted nonresidential structures such as churches and schools.

Standards and conditions in residential districts:

(a)

The planning commission shall find that the structure cannot reasonably be used for a conforming use.

(b)

The planning commission shall find that the proposed use and plans are consistent with the comprehensive plan.

(c)

The planning commission shall find that the proposed use and structural alterations or additions are compatible with the surrounding neighborhood and land uses.

(d)

Applications for conversion or reuse shall include site plans, building elevations, landscaping plans, and other information that the planning commission may request.

(Ord 16-5, § 1, 4-13-16; Ord. 21-27, § 1, 8-18-21; Ord 22-33, § 2, 8-3-22)

An occupation carried on in a dwelling unit by a resident thereof, provided that the use is limited in extent, incidental and secondary to the use of the dwelling unit for residential purposes and does not change the character thereof.

Standards and conditions:

(a)

A home occupation may include small offices, service establishments or homecrafts which are typically considered accessory to a dwelling unit. Such home occupations shall involve only limited retailing, by appointment only, associated with fine arts, crafts or personal services as allowed in the B1 local business district.

(b)

A home occupation shall not involve the conduct of a general retail or wholesale business, a manufacturing business, a commercial food service requiring a license, a limousine business, auto service or repair for any vehicles other than those registered to residents of the property, a motor vehicle salvage operation or a recycling processing center, and shall not involve retailing except as noted in paragraph (a).

(c)

A home occupation shall be carried on wholly within the main building. No home occupation shall be allowed in detached accessory buildings or garages.

(d)

All home occupation activities in dwelling units of less than four thousand (4,000) square feet of total living area, excluding a cellar and attic, shall be conducted by no more than two (2) persons, for one (1) of whom the dwelling unit shall be the principal residence. All home occupation activities in dwelling units of four thousand (4,000) or more square feet of total living area, excluding a cellar and attic, shall be conducted by no more than three (3) persons, for one (1) of whom the dwelling unit shall be the principal residence.

(e)

No structural alterations or enlargements shall be made to the dwelling for the primary purpose of conducting the home occupation.

(f)

Service and teaching occupations shall serve no more than one (1) party per employee at a time and shall not serve groups or classes.

(g)

There shall be no exterior storage of equipment, supplies or commercial or overweight vehicles as defined in Chapter 151 associated with the home occupation, nor parking of more than one (1) business car, pickup truck or small van, nor any additional vehicles except those for permitted employees identified under paragraph (d).

(h)

There shall be no detriments to the residential character of the neighborhood due to noise, odor, smoke, dust, gas, heat, glare, vibration, electrical interference, traffic congestion, number of deliveries, hours of operation or any other annoyance resulting from the home occupation.

(i)

A home occupation may have an identification sign no larger than two (2) square feet in area, which shall not be located in a required yard.

(j)

Home occupations for handicapped persons that do not meet these conditions may be reviewed by the board of zoning appeals, which may modify or waive requirements (a) through (g).

(k)

For the purposes of this section, "principal residence" shall mean the dwelling where a person has established a permanent home from which the person has no present intention of moving. A principal residence is not established if the person has only a temporary physical presence in the dwelling unit.

(Ord 18-1, § 1, 1-24-18)

A dwelling unit in combination with a shop, office, studio, or other work space within the same unit, where the resident occupant both lives and works.

Standards and conditions:

(a)

The work space component must be located on the first floor or basement of the building, with an entrance facing the primary abutting public street.

(b)

The dwelling unit component must be located above or behind the work space, and maintain a separate entrance located on the front or side facade and accessible from the primary abutting public street.

(c)

The office or business component of the unit shall not exceed thirty (30) percent of the total gross floor area of the unit.

(d)

Off-street parking spaces shall be located to the rear of the unit, or underground/enclosed.

(e)

The size and nature of the work space shall be limited so that the building type may be governed by residential building codes. An increase in size or intensity beyond the specified limit would require the building to be classified as a mixed-use building.

(f)

The business component of the building may include offices, small service establishments, homecrafts which are typically considered accessory to a dwelling unit, or limited retailing, by appointment only, associated with fine arts, crafts, or personal services. The business component shall be limited to those uses otherwise permitted in the district which do not require a separation from residentially zoned or occupied property, or other protected use. It may not include a wholesale business, a manufacturing business, a commercial food service requiring a license, a limousine business or auto service or repair for any vehicles other than those registered to residents of the property.

(C.F. No. 10-403, § 5, 6-16-10)

Standards and conditions in B1—B3 business and industrial districts:

(a)

In B1-B3 business and IT industrial districts, residential uses shall be limited to no more than fifty (50) percent of the first floor and fifty (50) percent of a basement. Entire upper floors may be for residential use. At least fifty (50) percent of the first floor shall be devoted to principal uses permitted in the district, other than residential uses.

(b)

In I1—I2 industrial districts, residential uses shall not be located in the basement or first floor and at least eighty (80) percent of the first floor shall be devoted to principal uses permitted in the district, other than residential uses. In the I2 district, a conditional use permit is required for a mixed residential and commercial use with more than six (6) dwelling units.

(Ord 13-22, § 5, 8-21-13; Ord 16-5, § 1, 4-13-16)

A facility where aged, infirm, or terminally ill persons reside in order to receive nursing care, custodial care, memory care, Medicare-certified hospice services, or individualized home care aide services either by the management or by providers under contract with the management.

Standards and conditions:

(a)

In T2-T4 traditional neighborhood districts, the density is regulated as for multifamily uses.

(b)

In traditional neighborhood development districts, a facility located within a predominantly residential or mixed-use area must have direct access to a collector or higher classification street.

(c)

In traditional neighborhood development districts, the site must contain a minimum of fifty (50) square feet of outdoor community space per resident, consisting of seating areas, yards and/or gardens.

(d)

In RL-H2 residential, T1 traditional neighborhood and OS-B2 business districts, the facility must serve sixteen (16) or fewer facility residents.

(e)

In RM1-RM3 and T1 traditional neighborhood districts, a conditional use permit is required for facilities serving more than sixteen (16) facility residents.

(Ord 16-5, § 1, 4-13-16; Ord 18-1, § 1, 1-24-18; Ord 21-4, § 2, 3-10-21; Ord 23-43, § 6, 10-18-23)

One (1) main building, or portion thereof, on one (1) zoning lot where one (1) or more persons who are placed there by a court, court services department, parole authority or other correctional agency having dispositional power over persons charged with or convicted of a crime or adjudicated delinquent reside under the care and supervision of a residential program licensed by the state department of corrections.

This definition does not include:

(1)

Licensed foster care homes serving persons under eighteen (18) years of age in the principal residence of the license holder;

(2)

Municipal, county or regional jails, workhouses, juvenile detention facilities, or state correctional facilities operated by the commissioner of corrections.

Standards and conditions:

(a)

Preliminary licensing review by the state department of corrections.

(b)

The facility must be a minimum distance of one thousand three hundred twenty (1,320) feet from any other of the following congregate living facilities with more than six (6) adult residents, except in B4-B5 business districts where it must be at least six hundred (600) feet from any other such facility: supportive housing facility, licensed correctional community residential facility, emergency housing facility, shelter for battered persons, or overnight shelter.

(c)

The facility serves no more than sixteen (16) facility residents, except in B4-B5 business districts where it must serve no more than thirty-two (32) facility residents.

(d)

It must occupy the entire structure.

(e)

In T2-T4 traditional neighborhood districts, the density is regulated as for multifamily uses.

(C.F. No. 05-441, § 3, 8-24-05; Ord 16-5, § 1, 4-13-16; Ord 21-4, § 2, 3-10-21; Ord 23-43, § 6, 10-18-23)

A building designed for or used as group living quarters for students of a high school, college, university or seminary, organized and owned by a high school, college, university or seminary.

Standards and conditions:

(a)

In RL-H1 residential districts, the use must be on the campus. In H2-RM3 residential, T1 traditional neighborhood, and BC community business (converted) districts, a conditional use permit is required for off-campus dormitories.

(b)

The use must be within two hundred fifty (250) feet of the campus of the institution it serves, for a college, university, seminary or other such institution of higher learning as established in a conditional use permit.

(c)

The yard requirements for multiple-family use in the district apply when the use is not located on a campus established in a conditional use permit.

(Ord 16-5, § 1, 4-13-16; Ord 23-43, § 6, 10-18-23)

One (1) main building, or portion thereof, on one (1) zoning lot where persons who do not have housing live on a 24-hour-per-day basis until more permanent arrangements can be made, but generally for no longer than ninety (90) days.

Standards and conditions:

(a)

In RL-H2 residential, OS office-service, B1 local business, IT transitional industrial, F1 Ford river residential, and F5-F6 Ford districts the use must be located on the same zoning lot as a religious institution.

(b)

In the I2 general industrial district the use requires a conditional use permit. In RM1-RM3 residential, T1-T4 traditional neighborhood, BC-B5 business, I1 light industrial, and F2-F4 Ford districts the use requires a conditional use permit if not located on the same zoning lot as a religious institution.

(c)

If not located on the same zoning lot as a religious institution, the use is subject to standards and conditions (a)-(d) for supportive housing facility, section 65.162.

(Ord 16-5, § 1, 4-13-16; Ord 18-1, § 1, 1-24-18; Ord 22-3, § 1, 1-19-22; Ord 23-43, § 6, 10-18-23)

A dwelling unit in which a foster care program licensed by the commissioner of human services or the commissioner of corrections is operated, whether located in the principle residence of the license holder or not.

Standards and conditions:

In B1, B2-B3 business, and IT-I2 industrial districts, the use shall be within a mixed-use building.

In B4 and B5 business districts, the use shall be within a multiple-family building.

(Ord 16-5, § 1, 4-13-16; Ord 18-1, § 1, 1-24-18)

A building used as group living quarters for students of a college, university or seminary, who are members of a fraternity or sorority that has been officially recognized by the college, university or seminary.

Standards and conditions:

(a)

In RL-H1 residential districts, the use must be on the campus. In H2-RM3 residential, T1 traditional neighborhood, and BC community business (converted) districts, a conditional use permit is required for off-campus fraternities and sororities.

(b)

The use must be within two hundred fifty (250) feet of the campus boundary as established in the conditional use permit for the institution it serves.

(c)

If it is outside of the campus boundary, the use must be located in an existing structure designed and built as a one- or two-family dwelling or new structure that meets the height, density and setback requirements for a two-family dwelling.

(Ord 16-5, § 1, 4-13-16; Ord 23-43, § 6, 10-18-23)

One (1) main building, or portions thereof, on one (1) zoning lot where persons receive overnight shelter, but are not expected or permitted to remain on a 24-hour-per-day basis.

Condition:

The facility shall be a minimum distance of six hundred (600) feet from any other of the following congregate living facilities with more than six (6) adult residents: overnight shelter, supportive housing facility, licensed correctional community residential facility, emergency housing facility, or shelter for battered persons.

(Ord 16-5, § 1, 4-13-16; Ord 21-4, § 2, 3-10-21)

(1)

A residential structure that provides single room occupancy (SRO) housing as defined in CFR section 882.102 to more than six (6) adults; or

(2)

A building housing more than six (6) adults that has any of the following characteristics shall be considered and regulated as a roominghouse:

a.

Rental arrangements are by the rooming unit rather than the dwelling unit.

b.

Rooming unit doors are equipped with outer door locks or chains which require different keys to gain entrance.

c.

Kitchen facilities may be provided for joint or common use by the occupants of more than one (1) rooming unit.

d.

Rooming units are equipped with telephones having exclusive phone numbers.

e.

Rooming units are equipped with individual intercom security devices.

f.

Each rooming unit has a separate assigned mailbox or mailbox compartment for receipt of U.S. mail.

This definition does not include congregate living facilities separately defined in this Code.

Standards and conditions:

(a)

In residential and T1 traditional neighborhood districts, a minimum lot area of five thousand (5,000) square feet plus one thousand (1,000) square feet for each guest room in excess of six (6) guest rooms. In T2-T4 traditional neighborhood, BC community business (converted), and industrial districts the density shall be regulated as for multifamily uses.

(C.F. No. 05-441, § 1, 8-24-05; Ord 16-5, § 1, 4-13-16; Ord 18-1, § 1, 1-24-18; Ord 21-4, § 2, 3-10-21)

A residential structure designed for collaborative living, in which individuals share common facilities and amenities.

(Ord 18-1, § 1, 1-24-18)

Editor's note— Ord 18-1, § 1, adopted January 24, 2018, renumbered §§ 65.159—65.161 as 65.160—65.162.

One (1) main building, or portion thereof, on one (1) zoning lot where adults and children who have suffered assault or battery live on a 24-hour-per-day basis for a period of time generally not to exceed thirty (30) days and are served by a program certified by the state department of corrections.

Standards and conditions for shelters for battered persons serving more than six (6) adult facility residents and minor children in their care:

(a)

In residential, traditional neighborhood, Ford and OS-B2 business districts, a conditional use permit is required for facilities serving more than six (6) adult facility residents and minor children in their care.

(b)

The facility must be a minimum distance of one thousand three hundred twenty (1,320) feet from any other of the following congregate living facilities with more than six (6) adult residents: shelter for battered persons, supportive housing facility, licensed correctional community residential facility, emergency housing facility, or overnight shelter.

(c)

In RL-H2 residential, traditional neighborhood, Ford, OS-B3 business and IT-I2 industrial districts, the facility must serve sixteen (16) or fewer adult facility residents and minor children in their care.

(d)

The facility must not be located in a two-family or multifamily dwelling unless it occupies the entire structure.

(e)

In T2-T4 traditional neighborhood districts, the density is regulated as for multifamily uses.

(C.F. No. 05-441, § 3, 8-24-05; Ord 16-5, § 1, 4-13-16; Ord 18-1, § 1, 1-24-18; Ord 21-4, § 2, 3-10-21; Ord 23-43, § 6, 10-18-23)

Editor's note— See editor's note, § 65.159.

A dwelling unit occupied by more than six (6) persons, all of whom are in recovery from chemical dependency and considered handicapped under the Federal Fair Housing Act Amendments of 1988, that provides a non-institutional residential environment in which the residents willingly subject themselves to written rules and conditions, including prohibition of alcohol and drug use (except for prescription medications obtained and used under medical supervision), intended to encourage and sustain their recovery. The residents of a sober house are similar to a family unit, and share kitchen and bathroom facilities and other common areas of the unit. Sober houses are financially self-supporting. This definition does not include facilities that receive operating revenue from governmental sources. Sober houses do not provide on-site supportive services to residents, including the following: mental health services; clinical rehabilitation services; social services; medical, dental, nutritional and other health care services; financial management services; legal services; vocational services; and other similar supportive services.

Standards and conditions:

A request for reasonable accommodation for this use as required under the Federal Fair Housing Act Amendments of 1988 by providing an exception to the maximum number of unrelated persons living together in a dwelling unit shall automatically be granted if the following standards and conditions are met. This does not limit the city from granting additional reasonable accommodation for this use under the general provisions of this Code.

(a)

The operator must submit a request for reasonable accommodation to the zoning administrator on a form provided by the city, specify the number of residents, and provide information necessary to assure the use meets applicable zoning standards. The maximum total number of residents permitted in the sober house is specified by the fire certificate of occupancy.

(b)

In RL-H1 Residential Districts, the sober house must serve ten (10) or fewer residents.

(c)

For a structure serving seventeen (17) or more sober house residents, a conditional use permit is required. This use is exempt from section 61.501 conditional use permit general standards (a), (c), and (d).

(d)

A building containing one (1) or more sober house units must be a minimum distance of three hundred thirty (330) feet from any other building containing a sober house.

(C.F. No. 08-640, § 1, 7-9-08; Ord 16-5, § 1, 4-13-16; Ord 18-1, § 1, 1-24-18; Ord 21-4, § 2, 3-10-21; Ord. 21-27, § 1, 8-18-21; Ord 22-1, § 2, 1-19-22; Ord 23-43, § 6, 10-18-23)

Editor's note— See editor's note, § 65.159.

One (1) main building, or portion thereof, on one (1) zoning lot where persons with mental illness, chemical dependency, physical or mental handicaps, and/or persons who have experienced homelessness reside and wherein counseling, training, support groups, and/or similar services are provided to the residents.

This definition does not include:

(1)

Foster homes as defined in this Code;

(2)

Residential treatment programs physically located on hospital grounds;

(3)

Regional treatment centers operated by the commissioner of human services;

(4)

Licensed semi-independent living services for persons with mental retardation or related conditions or mental illness, if the license holder is not providing, in any manner, direct or indirect, the housing used by persons receiving the service.

(5)

Community residential facilities, licensed correctional, as defined in this Code.

Standards and conditions:

(a)

The facility must be a minimum distance of one thousand three hundred twenty (1,320) feet from any other of the following congregate living facilities with more than six (6) adult residents, except in B4-B5 business districts where it must be at least six hundred (600) feet from any other such facility: supportive housing facility, licensed correctional community residential facility, emergency housing facility, shelter for battered persons, or overnight shelter.

(b)

In RL-H2 residential, T1 traditional neighborhood, Ford, OS-B3 business and IT-I2 industrial districts, the facility must serve sixteen (16) or fewer facility residents.

(c)

In RM1-RM3 residential, T1 traditional neighborhood and F1 Ford districts, a conditional use permit is required for facilities serving more than sixteen (16) facility residents.

(d)

In T2-T4 traditional neighborhood districts, the density is regulated as for multifamily uses.

(C.F. No. 05-441, § 3, 8-24-05; Ord No. 11-27, § 1, 4-20-11; Ord 16-5, § 1, 4-13-16; Ord 18-1, § 1, 1-24-18; Ord 21-4, § 2, 3-10-21; Ord 23-43, § 6, 10-18-23)

Editor's note— See editor's note, § 65.159.

General office and studio uses include, but are not limited to, administrative, insurance, real estate, and sales offices; artist and photographer studios; and offices of professionals such as accountants, architects, attorneys, auditors, bookkeepers, engineers and financial planners.

(Ord 18-1, § 1, 1-24-18)

General retail sales include the retail sale of products to the general public, sometimes with provision of related services, and produce minimal off-site impacts. General retail sales include but are not limited to the following:

(a)

Antiques and collectibles store;

(b)

Art gallery;

(c)

Bakery;

(d)

Bicycle sales and repair;

(e)

Book store, music store;

(f)

Butcher shop;

(g)

Catering;

(h)

Clothing and accessories;

(i)

Deli;

(j)

Drugstore, pharmacy;

(k)

Electronics sales and repair;

(l)

Florist;

(m)

Food and related goods sales;

(n)

Jewelry store;

(o)

Hardware store;

(p)

Liquor store;

(q)

Lower-potency hemp edible retail;

(r)

News stand, magazine sales;

(s)

Office supplies;

(t)

Pet store;

(u)

Photographic equipment, film developing;

(v)

Stationery store;

(w)

Picture framing; and

(x)

Video store.

Standards and conditions:

In traditional neighborhood districts, a conditional use permit is required for new construction covering more than twenty thousand (20,000) square feet of land to ensure size and design compatibility with the particular location.

(Ord 18-1, § 1, 1-24-18; Ord 24-21, § 1, 9-18-24)

Service businesses include provision of services to the general public that produce minimal off-site impacts. Service businesses include but are not limited to the following:

(a)

Bank, credit union;

(b)

Barber and beauty shops;

(c)

Cannabis testing facility;

(d)

Dry-cleaning pick-up station;

(e)

Food shelf;

(f)

Interior decorating/upholstery;

(g)

Laundromat, self-service;

(h)

Locksmith;

(i)

Mailing and packaging services;

(j)

Massage center;

(k)

Medical or dental clinic or laboratory;

(l)

Photocopying;

(m)

Post office;

(n)

Radio and television service and repair;

(o)

Shoe repair;

(p)

Small appliance repair;

(q)

Tailor shop; and

(r)

Watch repair, other small goods repair.

(Ord 18-1, § 1, 1-24-18; Ord 24-21, § 1, 9-18-24)

Service businesses with showroom or workshop include such things as an office of a contractor (electrical, heating, air conditioning, mechanical, painter, plumber, etc.) along with a showroom and/or workshop.

Standards and conditions in traditional neighborhood districts:

(a)

In T2—T3 traditional neighborhood districts, a conditional use permit is required for new construction covering more than fifteen thousand (15,000) square feet of land.

(b)

The showroom or sales area shall be located at the front of the building and designed in a manner consistent with traditional storefront buildings. All storage and workshop activities shall be done within a completely enclosed building.

(Ord 18-1, § 1, 1-24-18)

A business defined and licensed by the Minnesota Department of Commerce as a consumer small loan company, currency exchange, industrial loan and thrift, or regulated loan company that provides the service of cashing checks, drafts, money orders, or travelers' checks for a fee, makes consumer small loans, or makes consumer short-term loans.

Standards and conditions:

(a)

The alternative financial establishment shall be located at least one hundred fifty (150) feet from any lot in a residential district or lot occupied with a one-, two-, or multiple-family dwelling, measured in a straight line from the closest point of the building in which the business is or is to be located to the closest point of the residential property line.

(b)

The alternative financial establishment shall be located at least two thousand six hundred forty (2,640) feet from any other alternative financial establishment and one thousand three hundred twenty (1,320) feet from any pawnshop, measured from the nearest building wall of the existing establishment to the nearest building wall of the proposed use.

(Ord 18-1, § 1, 1-24-18)

An establishment for the keeping and care of domestic pets for more than 24 hours by a person other than the owner of the animal and not associated with a veterinary clinic.

Standards and conditions:

(a)

In traditional neighborhood districts, all activity shall take place within completely enclosed buildings except for the walking of dogs.

(b)

An outdoor kennel or exercise/relief area shall be entirely enclosed with a fence and the animals shall not be kept outdoors between the hours of 10 p.m. and 6 a.m. The property where the use is located shall not adjoin residentially zoned property.

(Ord 18-1, § 1, 1-24-18)

An establishment providing exercising and socializing for domestic pets on a daily basis for less than twenty-four (24) hours per day by a person other than the owner of the animal.

Standards and conditions:

(a)

In traditional neighborhood, Ford and B3-B4 business districts, all activity shall take place within completely enclosed buildings except for the walking of dogs.

(b)

In industrial and B5 business districts, an outdoor exercise/relief area shall be entirely enclosed with a fence. The property where the use is located shall not adjoin residentially zoned property.

(Ord 18-1, § 1, 1-24-18)

A place designed to be used, or used as, both a dwelling place and a place of work by an artist, artisan or craftsperson, including persons engaged in the application, teaching or performance of fine arts such as, but not limited to, drawing, vocal or instrumental music, painting, sculpture and writing.

(Ord 18-1, § 1, 1-24-18)

A cannabis business with a license or endorsement authorizing the retail sale of cannabis flower, plants, cannabis products, and lower-potency hemp products, including cannabis products sold for on-site consumption.

Standards and conditions:

(a)

Except in industrial districts, a conditional use permit is required for new construction covering more than fifteen thousand (15,000) square feet of land to ensure size and design compatibility with the location.

(b)

Except in B4—B5, cannabis businesses with a retail license or a cannabis retail endorsement shall be located a minimum distance of three hundred (300) feet from any primary and secondary school, measured from the property line of the school to the principal structure of the cannabis retail business.

(c)

Cannabis retailers must operate and maintain a closed-circuit television (CCTV) surveillance system. The CCTV video surveillance system must operate for twenty-four (24) hours per day, seven (7) days per week, and visually record all sales areas and all points of entry and exit.

(d)

A cannabis retail use is prohibited from sharing a common entrance with a business licensed as a tobacco products shop.

(Ord 24-21, § 1, 9-18-24)

Business sales and services include, but are not limited to, machinery sales and janitorial services.

(Ord. No. 10-33, § 1, 10-27-10)

Standards and conditions:

(a)

Drive-through lanes and service windows shall be located to the side or rear of buildings, shall not be located between the principal structure and a public street, and shall be at least sixty (60) feet from the closest point of any residentially zoned property or property occupied with a one-, two-, or multiple-family dwelling.

(b)

Points of vehicular ingress and egress shall be located at least sixty (60) feet from the intersection of two (2) streets and at least sixty (60) feet from abutting residentially zoned property.

(c)

Speaker box sounds from the drive-through lane shall not be plainly audible so as to unreasonably disturb the peace and quiet of abutting residential property.

(d)

A six-foot buffer area with screen planting and an obscuring wall or fence shall be required along any property line adjoining an existing residence or residentially zoned property.

(e)

Stacking spaces shall be provided for each drive-through lane. Banks, credit unions, and fast-food restaurants shall provide a minimum of four (4) stacking spaces per drive-through lane. Stacking spaces for all other uses shall be determined by the zoning administrator.

Additional conditions in the T2 traditional neighborhood district:

(f)

There shall be no more than one (1) drive-through lane and no more than two (2) drive-through service windows, with the exception of banks, which may have no more than three (3) drive-through lanes.

(g)

The number of curb cuts shall be minimized. In light rail station areas, there shall generally be no more than one (1) curb cut on a block face per drive-through. Drive-through sales and services are prohibited along the entire length of block faces adjacent to light rail transit station platforms.

(C.F. No. 10-403, § 5, 6-16-10; Ord. No. 11-27, § 1, 4-20-11; Ord 18-1, § 1, 1-24-18)

Standards and conditions:

In traditional neighborhood, B1—B2 business, and B4 business districts, the establishment shall deal directly with the customer, and shall serve no more than one (1) retail outlet.

An outdoor market at a fixed location consisting principally of farmers and gardeners for the purpose of selling the products of their farm, garden, greenhouse, apiary, or forest directly to the public.

Standards and conditions:

(a)

In residential districts, a farmers market shall be located on a zoning lot at least one (1) acre in area.

(b)

Approval of a site plan showing the number and location of vendors at the site, with contact information for a designated market director responsible for coordinating the market vendors and activities, and for providing the zoning administrator with updated contact information if it changes.

Standards and conditions for farmers markets with more than five (5) vendors:

(c)

A conditional use permit is required.

(d)

The use shall be limited to no more than three (3) days per week.

(e)

Foods, manufactured goods, wares and merchandise may be sold if approved by the planning commission.

Standards and conditions for farmers markets with five (5) or fewer vendors:

(f)

Sales shall be limited to no more than two (2) days per week between the hours of 7:00 a.m. and 7:00 p.m.

(Ord 13-51, § 2, 11-13-13)

Outdoor retail sales of plants not grown on the site, lawn furniture, playground equipment, and garden supplies.

Standards and conditions in traditional neighborhood districts:

(a)

There shall be no exterior storage of bulk materials such as dirt, sand, gravel and building materials.

Standards and conditions in BC-B3 business and IT-I2 industrial districts:

(b)

The use is accessory to a principal use permitted in the district.

(c)

The zoning lot on which it is located is at least twenty thousand (20,000) square feet in area.

(d)

The use shall be located at the end or rear of the building.

(Ord. No. 11-27, § 1, 4-20-11; Ord 17-1, § 2, 1-25-17)

Retail business whose principal activity is the selling of plants grown on the site, which may have outside storage, growing or display, and may include sales of lawn furniture, playground equipment and garden supplies.

Standards and conditions:

(a)

The storage or display of any materials or products shall meet all setback requirements of a structure.

(b)

All loading and parking shall be provided off-street.

(c)

The storage of any soil, fertilizer or other loose, unpackaged materials shall be contained so as to prevent any effects on adjacent uses.

A gun shop is a business within which a federally-licensed firearms dealer is engaged in the sale, lease, trade or other transfer of firearms. Excepted from this definition are: (1) federally-licensed firearms dealers engaged only in gunsmithing, repair, cleaning or other maintenance of firearms; (2) federally-licensed firearms dealers engaged only in processing Internet-based or mail-order sales to other licensed dealers where neither the display, inspection nor physical transfer of the firearm occurs on or near the premises; and (3) single retail businesses, which are federally-licensed, with more than fifty thousand (50,000) gross square feet of floor area for which the sale of firearms is projected to account for less than ten (10) percent of its annual gross sales.

Standards and conditions:

(a)

The gun shop or shooting gallery shall be located at least one thousand (1,000) radial feet from any residentially zoned property and from any "protected use," defined as: a group day care center which has a business sign indicating this use; a house of worship; a public library; a school (public, parochial or private elementary, junior high or high school); a public regional park or parkway, public park, public recreation center or public specialized recreation facility as identified in the parks and recreation element of the Saint Paul Comprehensive Plan. The distance shall be measured in a straight line from the closest point of the property line of the building in which the gun shop is located to the closest point of the property line of the protected use.

(b)

The gun shop or shooting gallery shall meet the required firearms dealers security standards as mandated by Minnesota Statutes, section 624.7161.

An institution, licensed by the state department of health, providing primary health services and medical or surgical care to persons, primarily in-patients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including as an integral part of the institution, related facilities such as laboratories, outpatient facilities, or training facilities.

(Ord 18-1, § 1, 1-24-18)

Outdoor retail sales and services (principal and accessory), mobile food units, and display of merchandise for sale on the premises, not including outdoor commercial uses otherwise specifically regulated or allowed in the district. Commercial outdoor uses in conjunction with community festivals are regulated under Chapter 366 and are not subject to the requirements of this section.

Standards and conditions for outdoor commercial uses that are not in the public right-of-way:

(a)

The use shall not conflict with off-street loading and the system of pedestrian flow, and shall not obstruct building ingress and egress.

(b)

For commercial outdoor uses that occupy more than ten (10) percent of the zoning lot or one thousand (1,000) square feet, whichever is less, the following apply:

(1)

Except in the I2 industrial district, a conditional use permit is required.

(2)

Approval of a site plan showing the location and layout of outdoor commercial uses on the site.

(3)

Provide the zoning administrator with written contact information for the person responsible for coordinating the outdoor sales and activities and update the zoning administrator in writing within thirty (30) days should any contact information change.

(c)

The area shall be kept free of litter. Donated items or materials shall not be left outside of donation drop-off boxes.

(Ord 17-1, § 1, 1-25-17; Ord. 21-27, § 1, 8-18-21)

The sale within a temporary structure, including, but not limited to, tents, stands and canopies, of the items authorized under Minnesota Statutes § 624.20(c): wire or wood sparklers of not more than one hundred (100) grams of mixture per item, other sparkling items which are nonexplosive and nonaerial and contain seventy-five (75) grams or less of chemical mixture per tube or a total of two hundred (200) grams or less for multiple tubes, snakes and glow worms, smoke devices, or trick noisemakers which include paper streamers, party poppers, string poppers, snappers, and drop pops, each consisting of not more than twenty-five hundredths grains of explosive mixture.

Standards and conditions:

(a)

The standards and conditions of section 65.525 shall apply.

(b)

The use shall obtain all necessary permits from the city. Permits for outdoor sale of consumer fireworks shall be valid from June 25 to July 5 each year, during the Independence Day holiday season.

(c)

All items offered for sale shall be kept within the sales structure. The sales structure shall be located at least twenty (20) feet from any other structure.

(d)

The sales structure shall be located at least one hundred (100) feet from the closest property line of any property used or zoned for residential use (excluding mixed commercial-residential uses).

(e)

An outdoor no-smoking area of fifty (50) feet surrounding the perimeter of the structure shall be maintained on the property. The fifty-foot non-smoking area must be physically marked. No portion of any public sidewalk, boulevard right-of-way, public street, or alley may fall inside the perimeter.

(f)

The structure shall not be located within fifty (50) feet of a motor vehicle fuel dispenser.

(g)

When the structure is unoccupied and not open for business, merchandise shall be secured or removed from the site.

(C.F. No. 07-633, § 1, 8-15-07)

A business which transports packages and articles for expedited delivery primarily in single rear axle straight trucks or smaller vehicles, including cannabis delivery services and cannabis transportation, where no single item weighs over one hundred fifty (150) pounds. Excludes courier services.

(Ord 24-21, § 1, 9-18-24)

A place where money is loaned on security of personal property left in pawn and pledged as collateral for the loan and where such property may be redeemed by the seller in a fixed period of time or sold to the general public.

Standards and conditions:

(a)

The business shall be conducted within a completely enclosed building.

(b)

The building in which the business is located shall be at least one hundred fifty (150) feet from the closest point of any residentially zoned property; provided, however, that this condition may be modified pursuant to section 61.500 subject to the following conditions:

(1)

There is no existing pawnshop within five thousand two hundred eighty (5,280) feet of the proposed location, measured from the nearest building wall of the existing pawnshop to the nearest building wall of the proposed use, or if there is no building, to the nearest lot line of the proposed use.

(2)

Customer entrances shall not be oriented toward residentially zoned property. Customer parking shall not be closer to residentially zoned property than the primary entrance.

(3)

The location of a pawnshop at this location will not be contrary to any adopted district plan or other city program for neighborhood conservation or improvement, either residential or nonresidential.

(4)

The proposed use meets all other requirements for conditional use permits provided in section 61.500.

(c)

No pawn shop shall be located within one thousand three hundred twenty (1,320) feet of any alternative financial establishment, measured from the nearest building wall of the existing establishment to the nearest building wall of the proposed use, or if there is no building, to the nearest lot line of the proposed use.

(Ord. No. 10-33, § 1, 10-27-10)

A retail establishment with a principal entrance door opening directly to the outside that derives more than ninety (90) percent of its gross revenue from the sale of loose tobacco, plants, or herbs and cigars, cigarettes, electronic cigarettes, pipes, and other smoking devices for burning tobacco and related smoking accessories and in which the sale of other products is merely incidental. "Tobacco products shop" does not include a tobacco department or section of any individual business establishment with any type of liquor, food, or restaurant license.

Standards and conditions:

(a)

No tobacco products shop shall be located within one-half (½) mile (2,640 feet) of another tobacco products shop.

(b)

In the BC community business (converted) and T2 traditional neighborhood districts, a conditional use permit is required for tobacco products shops with a floor area greater than two thousand five hundred (2,500) square feet.

(Ord. No. 11-26, § 1, 3-23-11; Ord 18-1, § 1, 1-24-2018)

An establishment for the routine examination, medical or surgical treatment and care of domestic household pets generally with overnight boarding facilities for pets in care but without kenneling of animals.

Standards and conditions:

All activity shall take place within completely enclosed buildings with soundproofing and odor control; outdoor kennels are prohibited. In traditional neighborhood and B2 business districts, there shall be no kenneling of animals not under medical treatment.

(Ord 18-1, § 1, 1-24-18)

An establishment that serves wine, beer, or intoxicating liquor for consumption on the premises any time between midnight and 2:00 a.m.

Standards and conditions:

In traditional neighborhood, Ford, and B2 community business districts, a conditional use permit is required for a bar of more than five thousand (5,000) square feet in floor area to ensure size and design compatibility with the particular location.

(Ord. No. 12-26, § 1, 5-23-12; Ord 18-1, § 1, 1-24-18)

A facility that provides the ingredients and equipment for a customer to use to brew malt liquor at the store.

Standards and conditions:

(a)

Intoxicating liquor may not be sold or otherwise provided to customers of a brew on premises store, unless the owner of the brew on premises store holds the appropriate liquor license.

(b)

Customers using the brew on premises store must be of minimum age to purchase intoxicating liquor. Intoxicating malt liquor brewed by a customer may not be sold and must be used by the customer for personal or family use.

(Ord. No. 12-26, § 1, 5-23-12)

Editor's note— Ord. No. 12-26, § 1, adopted May 23, 2012, amended the Code by renumbering §§ 65.610—65.616 as §§ 65.611—65.617.

A retail food business in a freestanding building that sells coffee, or other beverages, and premade bakery goods from a drive-through window to customers seated in their automobiles for consumption off of the premises and that provides no indoor or outdoor seating.

Standards and conditions:

See section 65.513, drive-through sales and services, principal and accessory.

(Ord. No. 12-26, § 1, 5-23-12; Ord 18-1, § 1, 1-24-18)

Note— Former § 65.611. See editor's note, § 65.111.

An establishment engaged principally in the sale of coffee, tea, and other nonalcoholic beverages for consumption on the premises or for carryout, which may also include the sale of a limited number of food items as allowed under a limited food menu license.

Standards and conditions in the T1 traditional neighborhood and B1 business districts:

A conditional use permit is required for a coffee shop or tea house of more than eight hundred (800) square feet in gross floor area or for an accessory cabaret. Drive through uses (primary and accessory) are prohibited.

Standards and conditions in T2—T4 traditional neighborhood districts:

See section 65.614, restaurant.

(Ord. No. 11-27, § 1, 4-20-11; Ord. No. 12-26, § 1, 5-23-12; Ord 18-1, § 1, 1-24-18)

Note— Former § 65.612. See editor's note, § 65.111.

A public eating place which serves a substantial portion of its food for consumption at tables or counters located on the premises. This term shall include a deli with seating for more than twelve (12) customers.

Standards and conditions:

(a)

In T2—T3 traditional neighborhood districts, a conditional use permit is required for establishments of more than fifteen thousand (15,000) square feet in floor area to ensure size and design compatibility with the particular location.

(b)

Outdoor restaurants shall be accessory to an indoor restaurant or a farmers market.

(Ord. No. 11-27, § 1, 4-20-11; Ord. No. 12-26, § 1, 5-23-12; Ord 15-5, § 2, 2-5-15; Ord 18-1, § 1, 1-24-18)

A public eating place designed for rapid food delivery to customers seated in their automobiles or from a counter or drive-through window, with minimal personal service and for consumption on or off the premises. All restaurants with drive-through service are considered fast-food restaurants.

Any restaurant whose design or principal method of operation includes four (4) or more of the following characteristics shall be deemed a fast-food restaurant for zoning purposes:

(1)

Forty-five (45) percent or more of the floor area is devoted to food preparation, employee work space and customer service area;

(2)

A permanent menu board is provided from which to select and order food;

(3)

If a chain or franchised restaurant, standardized floor plans are used over several locations;

(4)

Customers pay for food before consuming it;

(5)

A self-service condiment bar is provided;

(6)

Trash receptacles are provided for self-service bussing;

(7)

Furnishing plan indicates hard-finished, stationary seating arrangements; and

(8)

Most main course food items are prepackaged rather than made to order.

Standards and conditions (except in the B4—B5 business districts):

(a)

Except in I1-I2 industrial districts, a conditional use permit is required for establishments of more than ten thousand (10,000) square feet in floor area, and for any establishment with drive-through service, to ensure compatibility with the particular location.

(b)

In the B2 community business district, fast-food restaurants shall be incorporated within a multi-use center, and shall not provide drive-through service.

(c)

Drive through service shall meet the standards and conditions in section 65.513, drive-through sales and services, primary and accessory.

(d)

Points of vehicular ingress and egress shall not be onto a street which is used primarily for access to abutting residential property.

(e)

Points of vehicular ingress and egress shall be located at least sixty (60) feet from the intersection of any two (2) streets and at least sixty (60) feet from any abutting residentially zoned property.

(f)

When the site abuts an alley which also serves residentially zoned land, no access from the site to the alley shall be permitted.

(g)

Trash receptacles shall be housed in a three-sided masonry enclosure, six (6) feet high, or equal in height to the dumpster, whichever is greater, and have an entrance gate constructed of a durable, opaque material.

(h)

A litter collection plan shall be developed and submitted to the planning commission, which obligates the restaurant operator to keep the area surrounding said restaurant free of restaurant litter for a reasonable specified distance.

(i)

Impact on adjoining property by use of the site may not result in the following:

(1)

Loud, boisterous and disturbing noise levels;

(2)

Hazardous traffic conditions;

(3)

Offensive, obnoxious and disturbing odors;

(4)

Excessive litter;

(5)

Excessive artificial lighting;

(6)

Substantial decrease in adjoining property values.

(C.F. No. 10-403, § 5, 6-16-10; Ord. No. 11-27, § 1, 4-20-11; Ord. No. 12-26, § 1, 5-23-12; Ord 18-1, § 1, 1-24-18)

A dwelling unit, located within a one- or two-family dwelling, in which guest rooms are rented on a nightly basis for periods of less than a week and where at least one (1) meal is offered in connection with the provision of sleeping accommodations only.

Standards and conditions in residential and BC community business (converted) districts:

(a)

In residential districts, a conditional use permit is required for bed and breakfast residences with two (2) or more guest rooms, and for any bed and breakfast residence located in a two-family dwelling.

(b)

The bed and breakfast residence may be established in a one-family detached dwelling or a two-family dwelling, located within a single main building.

(c)

The guest rooms must be contained within the principal structure.

(d)

There must be no more than one (1) person employed by the bed and breakfast residence who is not a resident of the dwelling.

(e)

Use of a bed and breakfast residence for any commercial or social event is prohibited.

(f)

No additional exterior entrances shall be added to the structure solely for the purpose of serving guest rooms.

(g)

One-family dwellings may contain no more than four (4) guest rooms. Two-family dwellings may contain no more than three (3) guest rooms.

(h)

No bed and breakfast residence containing two (2) through four (4) guest rooms shall be located closer than one thousand (1,000) feet to an existing bed and breakfast residence containing two (2) through four (4) guest rooms, measured in a straight line from the zoning lot of an existing bed and breakfast residence.

(Ord 17-38, § 2, 10-25-17; Ord 23-43, § 6, 10-18-23)

A commercial establishment offering to the public daily, five (5) or more individual sleeping room accommodations available for reservation on a walk-in basis, with a resident proprietor or on-site manager, an identifiable main entrance and lobby, a staffed desk or office for the registration of guests, staff to provide daily housekeeping services, and exterior signage identifying the establishment as a hotel.

(Ord 19-51, § 1, 8-7-19; Ord 19-72, § 1, 1-8-20)

Editor's note— Ord. 19-72, § 1, adopted January 8, 2020, renumbered § 65.648 as § 65.642 and § 65.642 as § 65.645.

A commercial establishment offering to the public daily, five (5) or more individual sleeping room accommodations available for reservation on a walk in basis, with a resident proprietor or on site manager, an identifiable main entrance and lobby, a staffed desk or office for the registration of guests, staff to provide daily housekeeping services, access to and from each room or unit through an exterior door, and exterior signage identifying the establishment as a motel.

(Ord 19-72, § 1, 1-8-20)

Editor's note— Ord. 19-72, § 1, adopted January 8, 2020, renumbered §§ 65.643—65.645 as §§ 65.651—65-653.

A dwelling unit, or a portion of a dwelling unit, rented for a period of less than thirty (30) days.

Standards and conditions:

(a)

In RL-H1 districts, there must be no more than one (1) short term rental dwelling unit on a zoning lot unless a duplex, triplex or fourplex is owner occupied and the owner is in residence during the rental period. In other districts, one (1) or up to fifty (50) percent of dwelling units on a zoning lot, to a maximum of four (4), may be short term rental dwelling units, except that an owner occupied duplex may have two (2) units, an owner-occupied triplex may have three (3) units, and an owner occupied fourplex may have four (4) units, provided in all these cases the owner is in residence during the stay and except that more than four (4) short term rental dwelling units may be permitted when a conditional use permit is obtained by the building owner for a specific number of short term rental dwelling units.

(b)

No more than one (1) rental of a short term rental dwelling unit shall be permitted per day. A short term rental dwelling unit shall not be used for commercial events or as a small conference center, private retreat center, or reception house for events such as weddings, reunions, or parties.

(c)

No exterior identification sign of any kind shall be permitted in residential districts.

(d)

Total occupancy of a short term rental dwelling unit shall not exceed the definition of family in section 60.207 allowed in a single housekeeping unit except that occupancy in excess of the definition of family may be permitted with a conditional use permit, on a case by case basis, for large one- and two-family dwellings on large lots. No short term rental dwelling unit with a conditional use permit to allow occupancy in excess of the definition of family shall be closer than one thousand (1,000) feet to an existing short term rental dwelling unit with a conditional use permit to allow occupancy in excess of the definition of family, measured in a straight line from the zoning lot of an existing short term rental dwelling unit.

(Ord 17-38, § 2, 10-25-17; Ord 19-72, § 1, 1-8-20; Ord 23-43, § 6, 10-18-23)

Editor's note— See editor's note, § 65.642.

A building or portion of a building designed and equipped for the conduct of sports, exercise, leisure time activities or other customary and usual recreational activities, operated for profit or not-for-profit and which can be open only to bona fide members and guests of the organization or open to the public for a fee.

(Ord 19-72, § 1, 1-8-20)

Editor's note— See editor's note, § 65.643.

Bowling alley, billiard hall, indoor archery range, indoor tennis courts, racquet ball and hand ball courts, dance hall, electronic game room, indoor skating rink, and similar forms of indoor commercial recreation.

Standards and conditions in traditional neighborhood districts:

(a)

Primary access shall be from an arterial or collector street.

(b)

Floor area shall not exceed forty thousand (40,000) square feet.

(Ord 11-27, § 1, 4-20-11; Ord 18-1, § 1, 1-24-18; Ord 19-72, § 1, 1-8-20)

Editor's note— See editor's note, § 65.643.

Development Standard in the T4 traditional neighborhood district:

The site shall be adjacent to a fixed rail transit station, a principal arterial, and at least two (2) A-Minor arterial streets.

(Ord 16-25, § 1, 8-17-16; Ord 19-72, § 1, 1-8-20)

Editor's note— See editor's note, § 65.643.

A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent.

(Ord 19-72, § 1, 1-8-20)

Editor's note— Ord. 19-72, § 1, adopted January 8, 2020, renumbered §§ 65.646, 65.647 as §§ 65.656—65-657.

Development standards and conditions in traditional neighborhood districts:

(a)

A conditional use permit is required for a facility with a total seating capacity of more than five hundred (500).

(b)

In T2—T3 traditional neighborhood districts, total seating capacity shall not exceed one thousand (1,000), and the facility shall not be divided into more than three (3) separate theater/auditorium areas.

(Ord 15-5, § 2, 2-5-15; Ord 19-72, § 1, 1-8-20)

Editor's note— See editor's note, § 65.656.

Adult uses include the uses defined below and other premises, enterprises, businesses or places open to some or all members of the public at or in which there is an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas" which are capable of being seen by members of the public. No obscene work shall be allowed.

A building or part of a building used for the barter, rental or sale of a significant portion of items consisting of instruments, devices, paraphernalia, printed matter, pictures, slides, records, audio tape, videotape, motion picture film, CD ROMs or other digital recordings or any other form of recording if such items are distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas." "Significant portion of items" shall mean more than fifteen (15) percent of usable floor area or more than two hundred twenty five (225) square feet of floor area used for the display and barter, rental or sales of such items. No obscene work shall be allowed.

Standards and conditions:

(a)

In B3 business and I1—I2 industrial districts the adult bookstore shall be located at least one thousand five hundred (1,500) feet from any other adult use in any municipality, and in B4—B5 business districts the adult bookstore shall be located at least seven hundred fifty (750) feet from any other adult use, measured in a straight line from the closest points of the property lines of the buildings in which the adult uses are located.

(b)

In B3 business and I1—I2 industrial districts the adult bookstore shall be located at least five hundred (500) feet from any residentially zoned property, and in B4—B5 business districts the adult bookstore shall be located at least two hundred fifty (250) feet from any residential property, measured in a straight line from the closest point of the property line of the building in which the adult bookstore is located to the closest residentially zoned property line.

(c)

In B3 business and I1-I2 industrial districts the adult bookstore shall be located at least five hundred (500) feet from any protected use. In B4-B5 business districts the adult bookstore shall be located at least two hundred fifty (250) feet from any protected use. "Protected use" shall be defined as residential buildings in nonresidential zoning districts, mixed commercial residential buildings, a day care center, where such day care center is a principal use; a house of worship; a public library; a school (public, parochial or private elementary, junior high or high school); a public regional park or parkway, public park, public recreation center or public specialized recreation facility as identified in the parks and recreation element of the Saint Paul Comprehensive Plan; a fire station; a supportive housing facility; a licensed correctional community residential facility; an emergency housing facility or a hotel/motel. The distance shall be measured in a straight line from the closest point of the property line of the building in which the adult bookstore is located to the closest point of the property line of the building in which is located an aforementioned protected use.

(d)

All signs shall comply with chapter 64 of the zoning code and with chapters 274 and 275 of the Saint Paul Legislative Code.

(e)

No person shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in the adult bookstore which is prohibited by any ordinance of the city, the laws of the state, or the United States of America. Nothing in this section shall be construed as authorizing or permitting conduct which is prohibited or regulated by other statutes or ordinances, including, but not limited to, statutes or ordinances prohibiting the exhibition, sale or distribution of obscene material generally or the exhibition, sale or distribution of specified materials to minors. No obscene work shall be allowed.

(f)

The special condition use permit for the adult bookstore shall be reviewed annually to ensure that no change in use occurs and that no additional adult uses are added to the building containing the adult bookstore.

(g)

The adult bookstore is considered to be one (1) use. No two (2) adult uses can be in the same building but must be spaced at least one thousand five hundred (1,500) feet apart in B3 business and I1—I2 industrial districts, and at least seven hundred fifty (750) feet apart in B4—B5 business districts.

(h)

The adult bookstore shall not be located within a building also used for residential purposes.

(C.F. No. 05-400, § 1, 5-25-05; Ord 16-5, § 1, 4-13-16)

A building or portion of a building used for providing dancing or other live entertainment, if such building or portion of a building excludes minors by virtue of age, or if such dancing or other live entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas." No obscene work shall be allowed.

Standards and conditions:

Adult cabarets shall be subject to the same standards and conditions listed above in section 65.662 for adult bookstores, with the substitution of the phrase "adult cabaret" for the phrase "adult bookstore" wherever it appears. The adult cabaret is considered to be one (1) use. No two (2) adult uses can be in the same building but must be spaced at least one thousand five hundred (1,500) feet apart in B3 business and I1—I2 industrial districts, and at least seven hundred fifty (750) feet apart in B4 and B5 districts.

(C.F. No. 05-400, § 1, 5-25-05)

A conversation/rap parlor which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk or discussion, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." No obscene work shall be allowed.

Standards and conditions:

Adult conversation/rap parlors shall be subject to the same standards and conditions listed above in section 65.662 for adult bookstores, with the substitution of the phrase "adult conversation/rap parlor" for the phrase "adult bookstore" wherever it appears. The adult conversation/rap parlor is considered to be one (1) use. No two (2) adult uses can be in the same building but must be spaced at least one thousand five hundred (1,500) feet apart in B3 business and I1—I2 industrial districts, and at least seven hundred fifty (750) feet apart in B4—B5 business districts.

(C.F. No. 05-400, § 1, 5-25-05)

A health/sport club which excludes minors by reason of age, or if such club is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." No obscene work shall be allowed.

Standards and conditions:

Adult health/sports clubs shall be subject to the same standards and conditions listed above in section 65.662 for adult bookstores, with the substitution of the phrase "adult health/sports club" for the phrase "adult bookstore" wherever it appears. The adult health/sports club is considered to be one (1) use. No two (2) adult uses can be in the same building but must be spaced at least one thousand five hundred (1,500) feet apart in B3 business and I1—I2 industrial districts, and at least seven hundred fifty (750) feet apart in B4—B5 business districts.

(C.F. No. 05-400, § 1, 5-25-05)

A massage parlor which restricts minors by reason of age, or which provides the service of "massage," if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." No obscene work shall be allowed.

Standards and conditions:

Adult massage parlors shall be subject to the same standards and conditions listed above in section 65.662 for adult bookstores, with the substitution of the phrase "adult massage parlor" for the phrase "adult bookstore" wherever it appears. The adult massage parlor is considered to be one (1) use. No two (2) adult uses can be in the same building but must be spaced at least one thousand five hundred (1,500) feet apart in B3 business and I1—I2 industrial districts, and at least seven hundred fifty (750) feet apart in B4—B5 business districts.

(C.F. No. 05-400, § 1, 5-25-05)

A building or portion of a building with a capacity for less than fifty (50) persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if such material is distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. No obscene work shall be allowed.

Standards and conditions:

Adult mini-motion picture theaters shall be subject to the same standards and conditions listed above in section 65.662 for adult bookstores, with the substitution of the phrase "adult mini-motion picture theater" for the phrase "adult bookstore" wherever it appears. The adult mini-motion picture theater is considered to be one (1) use. No two (2) adult uses can be in the same building but must be spaced at least one thousand five hundred (1,500) feet apart in B3 business and I1—I2 industrial districts, and at least seven hundred fifty (750) feet apart in B4—B5 business districts.

(C.F. No. 05-400, § 1, 5-25-05)

A building or portion of a building with a capacity of fifty (50) or more persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if such material is distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. No obscene work shall be allowed.

Standards and conditions:

Adult motion picture theaters shall be subject to the same standards and conditions listed above in section 65.662 for adult bookstores, with the substitution of the phrase "adult motion picture theater" for the phrase "adult bookstore" wherever it appears. The adult motion picture theater is considered to be one (1) use. No two (2) adult uses can be in the same building but must be spaced at least one thousand five hundred (1,500) feet apart in B3 business and I1—I2 industrial districts, and at least seven hundred fifty (750) feet apart in B4—B5 business districts.

(C.F. No. 05-400, § 1, 5-25-05)

A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if such building or portion of a building restricts minors by reason of age or if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." No obscene work shall be allowed.

Standards and conditions:

Adult steam room/bathhouse facilities shall be subject to the same standards and conditions listed above in section 65.662 for adult bookstores, with the substitution of the phrase "adult steam room/bathhouse facility" for the phrase "adult bookstore" wherever it appears. The adult steam room/bathhouse facility is considered to be one (1) use. No two (2) adult uses can be in the same building but must be spaced at least one thousand five hundred (1,500) feet apart in B3 business and I1—I2 industrial districts, and at least seven hundred fifty (750) feet apart in B4—B5 business districts.

(C.F. No. 05-400, § 1, 5-25-05)

A premises, enterprise, business or place, not specifically defined above, open to some or all members of the public at or which there is an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas" which are capable of being seen by members of the public. No obscene work shall be allowed.

Standards and conditions:

General adult uses shall be subject to the same standards and conditions listed above in section 65.662 for adult bookstores, with the substitution of the phrase "general adult use" for the phrase "adult bookstore" wherever it appears. The general adult use is considered to be one (1) use. No two (2) adult uses can be in the same building but must be spaced at least one thousand five hundred (1,500) feet apart in B3 business and I1—I2 industrial districts, and at least seven hundred fifty (750) feet apart in B4—B5 business districts.

(C.F. No. 05-400, § 1, 5-25-05)

A shop that provides substantial motor vehicle body repair, painting or undercoating services, including collision repair services such as body, frame or fender straightening and repair.

Standards and conditions:

(a)

A ten-foot buffer area with screen planting and an obscuring wall or fence (not including cyclone fence with vinyl slats), shall be required along any property line adjoining a residential zoning district.

Additional standards and conditions in traditional neighborhood and IT transitional industrial districts:

(b)

All repair work shall be done within an enclosed building. All vehicles awaiting repair shall be stored in an enclosed building or within an area enclosed by a wall or fence (not including cyclone fence with vinyl slats) that provides an opaque screen. There shall be no exterior storage of parts or merchandise.

(c)

All trash shall be stored within an enclosed obscuring wall or fence, shall not exceed the height of the wall or fence, and shall be removed from the lot by licensed waste disposers at least once per week.

(Ord. No. 11-27, § 1, 4-20-11; Ord 13-22, § 5, 8-21-13; Ord 13-44, § 1, 8-28-13)

A place where gasoline, motor oil, lubricants, or other minor accessories are retailed directly to the public on the premises in combination with the retailing of items typically found in a convenience market or supermarket.

Standards and conditions:

(a)

The use is subject to standards and conditions (a), (b), (d), (e), and (g) in section 65.703, auto service station.

(b)

The zoning lot on which it is located shall be at least twelve thousand (12,000) square feet in area.

(Ord. No. 11-27, § 1, 4-20-11)

A place where gasoline or any other automobile engine fuel (stored only in underground tanks), kerosene, motor oil, lubricants, grease (for operation of motor vehicles), or minor accessories are retailed directly to the public on the premises and/or where the servicing or minor repair of automobiles may occur.

Standards and conditions:

(a)

The construction and maintenance of all driveways, curbs, sidewalks, pump islands or other facilities shall be in accordance with current city specifications.

(b)

A ten-foot buffer area with screen planting and an obscuring wall or fence shall be required along any property line adjoining an existing residence or residentially zoned property.

(c)

The minimum lot area shall be fifteen thousand (15,000) square feet, and so arranged that ample space is available for motor vehicles which are required to wait. Auto service stations which are intended solely for the sale of gasoline, oil and minor accessories and having no facilities for incidental servicing of automobiles (including lubricating facilities) may be permitted on a lot of twelve thousand (12,000) square feet, subject to all other provisions herein required.

(d)

Outdoor accessory sales of goods or equipment shall not be located in a required setback, parking or maneuvering space, or substituted for required landscaping.

Additional standards and conditions in traditional neighborhood districts:

(e)

The principal building shall comply with the dimensional standards and design guidelines applicable to traditional neighborhood districts, except that the maximum setback requirement may be modified by the planning commission so that pump islands may be placed in front of the building if this arrangement is considered preferable for circulation, aesthetics or buffering of neighboring uses.

Additional standards and conditions in traditional neighborhood and IT industrial districts:

(f)

All vehicles awaiting repair or pickup shall be stored on the site within enclosed buildings or defined parking spaces in compliance with section 63.301.

(g)

There shall be no exterior storage. Space for accessory outdoor sales of goods or equipment shall be limited to two hundred (200) square feet.

(h)

In the T2 traditional neighborhood and IT transitional industrial districts this use shall be limited to parcels within one-quarter (¼) mile of University Avenue.

(Ord 11-27, § 1, 4-20-11; Ord 13-22, § 5, 8-21-13; Ord 18-1, § 1, 1-24-18)

A store in the business of repairing or servicing automobiles usually involving the installation of specific parts and the provisions of specific services, and where the retail sale of specific auto accessories to the public on the premises may occur. Retail sale of automobile fuel on the premises is not permitted.

Standards and conditions:

See section 65.703, auto service station.

A place where the following services may be carried out: general repair of automobiles, trucks, motorcycles, boats, etc.; engine rebuilding; and rebuilding or reconditioning of motor vehicles. The sale of engine fuels may or may not also be carried on.

Standards and conditions:

(a)

The minimum lot area shall be fifteen thousand (15,000) square feet.

(b)

A ten-foot landscaped buffer with screen planting and an obscuring fence shall be required along any property line adjoining an existing residence or adjoining land zoned residential.

(c)

All repair work shall be done within an enclosed building.

(d)

There shall be no outside storage.

(e)

In the IT transitional industrial district this use shall be limited to parcels within one-quarter (¼) mile of University Avenue, and all vehicles awaiting repair or pickup shall be stored on the site within enclosed buildings or defined parking spaces in compliance with section 63.301.

(Ord. No. 11-27, § 1, 4-20-11; Ord 13-22, § 5, 8-21-13)

Outdoor sales space for the sale or rental of new, secondhand, or pawned automobiles, trucks, motorcycles, trailers, or boats.

Standards and conditions:

(a)

A site plan shall be submitted showing the layout of the vehicles for sale or rent, employee parking, and customer parking. The lot or area shall be provided with a permanent, durable and dustless surface, and shall be graded and drained so as to dispose of all surface water accumulated within the area.

(b)

Vehicular access to the outdoor sales area shall be at least sixty (60) feet from the intersection of any two (2) streets.

(c)

No repair or refinishing shall be done on the lot unless conducted within a completely enclosed building.

(d)

Except in the IT transitional industrial district, the minimum lot area shall be fifteen thousand (15,000) square feet.

(e)

In the IT transitional industrial district this use shall be limited to parcels within one-quarter (¼) mile of University Avenue, limited to automobile rental only (no sales), and limited to no more than twelve (12) automobiles for rent on the site at any time.

(f)

In the case of pawnbrokers, the businesses shall be separated from residentially zoned property by a distance of one hundred fifty (150) feet measured from property line to property line; provided, however, that a modification may be granted pursuant to section 61.500 from the foregoing requirement upon the following conditions:

(1)

There is no existing pawnshop with in five thousand two hundred eighty (5,280) feet of the proposed location, measured from the nearest building wall of the existing pawnshop to the nearest building wall of the proposed use, or if there is no building, to the nearest lot line of the proposed use.

(2)

Customer entrances shall not be oriented toward residentially zoned property. Customer parking shall not be closer to residentially zoned property than the primary entrance.

(3)

The location of a pawnshop at this location will not be contrary to any adopted district plan or other city program for neighborhood conservation or improvement, either residential or nonresidential.

(4)

The proposed use meets all other requirements for conditional use permits provided in section 61.500.

(Ord. No. 11-27, § 1, 4-20-11; Ord 13-22, § 5, 8-21-13)

Standards and conditions:

(a)

The car wash shall be completely enclosed when not in operation.

(b)

Any access drive shall be located at least thirty (30) feet from any public street intersection, measured from the interior curb line commencing at the intersection of the street.

(c)

Any car wash line exit shall be at least thirty (30) feet distant from any street line.

(d)

A minimum of four (4) stacking spaces per washing lane and two (2) stacking spaces per self-service stall shall be provided.

(C.F. No. 10-403, § 5, 6-16-10; Ord 18-1, § 1, 1-24-18)

An off-street parking facility, not accessory to any principal use, for which a fee is charged for the privilege of parking or electric vehicle charging.

Standards and conditions in traditional neighborhood districts, IT industrial districts, B4 central business districts, and B5 central service districts:

(a)

At least fifty (50) percent of the length of any parking structure facade adjacent to a public street shall consist of retail, office, civic, institutional, residential, or other similar non-parking uses at street level.

(b)

Except in the T2 district, all parking spaces shall be underground or within a parking structure. Thirty (30) percent of the floor area of the commercial parking facility may be counted toward meeting the minimum floor area ratio.

(c)

In the T2 district, commercial surface parking facilities shall not be located within one-quarter (¼) mile of University Avenue.

(Ord. No. 11-27, § 1, 4-20-11; Ord 13-22, § 5, 8-21-13; Ord 15-5, § 2, 2-5-15; Ord. 21-27, § 1, 8-18-21; Ord 25-34, § 6, 7-16-25)

Editor's note— Ord. No. 21-27, § 1, adopted August 18, 2021, repealed § 65.732 which pertained to shared commercial parking in institutional lots.

An off-street parking operation on private residential property for which a fee is charged for the privilege of parking during the annual Minnesota State Fair.

An area where fixed-wing aircraft can take off and land, equipped with hard-surfaced landing strips, hangers, facilities for refueling and repair, a control tower, and accommodations for cargo and passengers, and which is owned and operated by a unit of government.

An area designed to be used for the landing or takeoff of helicopters including operations facilities, such as maintenance, loading and unloading, storage, fueling or terminal facilities.

Standards and conditions:

(a)

The heliport shall be located at an airport.

(b)

The heliport shall be located at least one thousand (1,000) radial feet from any residentially used or zoned property, measured in a straight line from the closest point of the takeoff and landing area to the property line of the closest residentially used or zoned property. The application shall include a site plan of the proposed facility and an area map showing the distance between the proposed take-off and landing area and the nearest residential property.

(c)

The applicant shall perform a noise analysis to determine whether upon establishment of the heliport the Noise Pollution Control Rules, Chapter 7010, of the Minnesota Pollution Control Agency, would immediately be violated. If the analysis shows that the rules would be violated, the applicant shall take measures to prevent the potential violation before the heliport is established.

(d)

The heliport shall be constructed, operated and maintained in accordance with the rules and regulations of the Federal Aviation Administration (FAA) and state.

An area designed to be used for the landing or takeoff of one (1) helicopter, the temporary parking of one (1) helicopter, and other facilities as may be required by federal and state regulations, but not including operation facilities such as maintenance, storage, fueling or terminal facilities.

Standards and conditions:

(a)

In business districts and the IT transitional industrial district, the helistop shall be for emergency medical services and accessory to a hospital, require prior permission of the owner or operator to land, and not be open to the general public.

(b)

The helistop shall be located at least two hundred fifty (250) radial feet from any residentially used or zoned property, measured in a straight line from the closest point of the takeoff and landing area to the closest property line of the residentially used or zoned property. The application shall include a site plan of the proposed facility and an area map showing the distance between the proposed takeoff and landing area and the nearest residential property.

(c)

The applicant shall perform a noise analysis to determine whether upon establishment of the helistop the Noise Pollution Control Rules, Chapter 7010, of the Minnesota Pollution Control Agency would immediately be violated. If the analysis shows that the rules would be violated, the applicant shall take measures to prevent the potential violation before the helistop is established.

(d)

The helistop shall be constructed, operated and maintained in accordance with the rules and regulations of the Federal Aviation Administration (FAA) and the state.

(Ord 13-22, § 5, 8-21-13)

A site or location where large units of freight, including containerized freight and semitrailers, are transferred between different transportation modes (such as from railroad cars to semitrucks or from barges to railroad cars) using heavy and/or specialized equipment (such as piggy-packers or gantry cranes).

Standards and conditions:

(a)

Intermodal freight yards shall be sited in a manner which prevents unreasonable disturbance to nearby residential properties from the adverse effects of heavy traffic, noise, dust, vibration and excessive lighting.

(b)

The operational area of an intermodal freight yard shall be at least one thousand (1,000) feet from property zoned for, or occupied by, residential uses within the City of Saint Paul measured at the point of shortest distance separating the operational area from the residentially zoned or used property.

(c)

Adequate landscaping and sound barriers where deemed necessary to provide mitigation of increased noise and to provide a reasonable visual barrier between the site and adjoining properties shall be installed and maintained on the site and adjacent to roadways accessing the site.

(d)

Facilities shall be sited in a manner that allows primary access to the site via roads designed for use by heavy trucks or are designated as "haul roads" or "truck routes."

A facility with more than one (1) dock per five thousand (5,000) square feet of warehouse, storage, or related use and used for either (1) the loading, unloading, dispensing, receiving, interchanging, gathering, or otherwise physically handling freight for shipment or (2) any other location at which freight is exchanged by motor carriers between vehicles. This includes but is not limited to cross-dock operations and does not include a package delivery service. Excludes buildings with six (6) or fewer loading docks.

(a)

Noise impacts shall be mitigated to prevent excessive impact on residential lots within three hundred (300) feet. This may include using the building as a sound barrier between truck docks and residences by aligning the structure close to lot lines.

(b)

Truck access to the property shall be directly onto a designated truck route.

Development standard:

In residential, traditional neighborhood, Ford and OS—B3 business districts, there shall be no terminal freight facilities, transfer or storage tracks.

(Ord 18-1, § 1, 1-24-18)

Principal use of land for production of food or horticultural crops to be harvested, sold, or donated.

Standards and conditions:

(a)

Approval of a site plan showing the location of all growing plots, sheds, structures, and fencing, with contact information for a site manager. A soil lead test showing that lead levels are less than one hundred (100) parts per million shall be submitted to the zoning administrator with the site plan or raised planting beds with soil barriers and clean, imported soil will be required.

(b)

In residential, traditional neighborhood, and business districts, an agriculture use having an area greater than one (1) acre requires a conditional use permit.

(c)

The use shall be subject to the minimum property maintenance standards (chapter 34) and noise regulations (chapter 293) of the city.

(d)

Keeping of any animals other than bees is prohibited, except residents of the property may keep animals, subject to city permit requirements.

(e)

The use shall be conducted in a manner that controls odor, dust, erosion, lighting, and noise and is in compliance with city standards so as not to create a nuisance. This requirement may be enforced through the provisions in chapter 45 for nuisance abatement.

(f)

Any tools, equipment, and material shall be stored and concealed within an enclosed, secured structure.

(g)

When an agriculture use has been discontinued, the property shall be restored with grass or planted ground cover to control erosion, dust, and mud. All structures accessory to the agriculture use shall be removed. This requirement may be enforced through the provisions in chapter 45 for nuisance abatement.

(h)

Outdoor commercial cultivation of cannabis is prohibited in residential districts. In all other districts, outdoor commercial cultivation of cannabis requires a conditional use permit.

Standards and conditions in residential and traditional neighborhood districts for an agriculture use with an area of less than one (1) acre:

(i)

On-site sales shall be limited only to products grown on the site. Sales shall be limited to no more than three (3) sales in any calendar year and may take place only between the hours of 7:00 a.m. and 7:00 p.m. Sales shall be held on property occupied either by seller's dwelling unit or on property owned, rented, leased, or otherwise lawfully occupied by a charitable, institutional, or political organization. Sales shall not take place on the public sidewalk or boulevard.

(j)

Gardening equipment shall be limited to that which is commonly used for household gardening.

(k)

Accessory buildings shall not exceed an area greater than ten (10) percent of the parcel or one thousand (1,000) square feet, whichever is greater. Temporary structures, not exceeding one hundred eighty (180) days per year, such as hoophouses, cold frames, and similar structures located above gardening plots and being used to extend the growing season are permitted. A building permit is required for any temporary structure covering an area greater than two hundred (200) square feet.

(l)

One identification sign is permitted, not to exceed six (6) square feet.

(Ord 13-51, § 3, 11-13-13; Ord 18-1, § 1, 1-24-18; Ord 24-21, § 1, 9-18-24)

Editor's note— Ord 13-57, § 2, adopted December 4, 2013, amended the Code by renumbering former § 65.772 as a new § 65.776, and former § 65.773 as a new § 65.780.

A facility with a capacity to manufacture twenty thousand (20,000) or fewer barrels of alcoholic and nonalcoholic malt liquor a year. This definition excludes small breweries operated in conjunction with a bar or restaurant defined herein as an accessory use.

Standards and conditions in traditional neighborhood and business districts:

(a)

In traditional neighborhood and B2 business districts, a conditional use permit is required for such uses with more than fifteen thousand (15,000) square feet of floor area to ensure size and design compatibility with the particular location.

(b)

In all traditional neighborhood and business districts, a conditional use permit is required for facilities with the capacity to manufacture more than five thousand (5,000) barrels of malt liquor a year in order to ensure operational and design compatibility with the particular location.

(C.F. No. 07-1148, § 1, 1-9-08; Ord. No. 11-27, § 1, 4-20-11; Ord 13-14, § 1, 3-27-13; Ord 13-57, § 2, 12-4-13)

A facility that manufactures distilled spirits, as defined by Minn. Stat. § 340A.301, with a capacity to manufacture forty thousand (40,000) or fewer proof gallons a year.

Standards and conditions in traditional neighborhood and B2 business districts:

A conditional use permit is required for facilities with more than fifteen thousand (15,000) square feet of floor area to ensure size and design compatibility with the particular location.

(Ord 13-57, § 2, 12-4-13)

Any business which involves spray painting or the application of combustible materials, including furniture finishing and cabinetmaking but not including auto body shops.

Condition:

Finishing shops shall not be within a structure that is also used for residential purposes.

(Ord 13-57, § 2, 12-4-13)

Editor's note— Former § 65.772. See editor's note, §§ 65.772, 65.773.

These uses produce minimal off-site impacts due to their limited nature and scale, are compatible with office, retail and service uses, and may include wholesale and off-premises sales. Limited production and processing includes, but is not limited to, the following:

(1)

Apparel and other finished products made from fabrics;

(2)

Blueprinting;

(3)

Up to fifteen thousand (15,000) square feet of cannabis cultivation, cannabis product manufacturing, or lower-potency hemp edible manufacturing, within an indoor facility;

(4)

Computers and accessories, including circuit boards and software;

(5)

Electronic components, assemblies, and accessories;

(6)

Film, video and audio production;

(7)

Food and beverage products, except no live slaughter, grain milling, cereal, vegetable oil or vinegar processing;

(8)

Jewelry, watches and clocks;

(9)

Milk, ice cream, and confections;

(10)

Musical instruments;

(11)

Novelty items, pens, pencils, and buttons;

(12)

Precision dental, medical and optical goods;

(13)

Signs, including electric and neon signs and advertising displays;

(14)

Toys;

(15)

Wood crafting and carving; and

(16)

Wood furniture and upholstery.

Standards and conditions:

(a)

In T2—T3 traditional neighborhood districts, a conditional use permit is required for new construction covering more than fifteen thousand (15,000) square feet of land to ensure size and design compatibility with the particular location.

(b)

All such uses are intended to be compatible with adjacent commercial and service uses. Odors, noise, vibration, glare and other potential side effects of manufacturing or cultivation processes shall not be discernable beyond the property line.

(c)

Except in industrial districts, the use of volatile solvents for cannabinoid extractions is prohibited.

(Ord 11-27, § 1, 4-20-11; Ord 13-57, § 2, 12-4-13; Ord 15-5, § 2, 2-5-15; Ord 24-21, § 1, 9-18-24)

Editor's note— Former § 65.773. See editor's note, §§ 65.772, 65.773. Former § 65.780 was renumbered as § 65.787.

Manufacturing of plastic products includes tableware, records, buttons and similar products.

(Ord 13-57, § 2, 12-4-13)

Editor's note— Ord 13-57, § 2, adopted December 4, 2013, amended the Code by renumbering former §§ 65.775—65.779 as new §§ 65.781—65.785.

Standards and conditions:

In T2—T3 traditional neighborhood districts and B2 business districts, a conditional use permit is required for new construction covering more than fifteen thousand (15,000) square feet of land to ensure size and design compatibility with the particular location.

(Ord. No. 11-27, § 1, 4-20-11; Ord 13-57, § 2, 12-4-13; Ord 15-5, § 2, 2-5-15)

Editor's note— Former § 65.776. See editor's note, § 65.781.

A recycling collection facility for the acceptance by donation, redemption or purchase of recyclable materials. Such a facility may allow limited compacting or crushing of recyclable materials.

Standards and conditions:

(a)

The facility shall not abut a property zoned for residential use.

(b)

In the B3 business district, all handling operations, equipment and materials, including trailers, shall be completely enclosed in a building not exceeding five thousand (5,000) square feet, except for drop-off stations not occupying more than five hundred (500) square feet of the site.

(c)

In industrial districts, all processing and handling operations shall be conducted within a completely enclosed building. Outdoor storage of materials shall be within covered containers or behind an opaque screen meeting the requirements of section 62.107 on three (3) sides. Such outdoor screening shall be located at least three hundred (300) feet from any residential district.

(d)

The facility shall be free of litter and any other undesirable materials and cleaned of loose debris on a daily basis.

(e)

The facility shall be screened pursuant to section 63.114 if it is located within one hundred fifty (150) feet of a residential use district.

(Ord 13-57, § 2, 12-4-13)

Editor's note— Former § 65.777. See editor's note, § 65.781.

A facility consisting of reverse vending machines or unattended weather-resistant containers that are provided for the collection of recyclable materials. Any such recyclable material collected shall be of a size permitting it to be placed completely inside an enclosed reverse vending machine, weather-resistant container or trailer so that such materials are not exposed to the elements. Such a facility may be established in conjunction with and accessory to an existing commercial or industrial use. The term "recycling drop-off station" shall not include temporary mobile collection containers.

Standards and conditions:

(a)

The facility shall not occupy an area more than two hundred (200) square feet and shall not interfere with parking and maneuvering requirements of the principal use.

(b)

The facility shall be screened pursuant to section 63.114 if it abuts a residential use or district.

(c)

The facility shall be set back at least ten (10) feet from any property line and shall not obstruct pedestrian or vehicular circulation.

(d)

The facility shall be maintained free of litter and other undesirable materials.

(Ord 13-57, § 2, 12-4-13)

Editor's note— Former § 65.778. See editor's note, § 65.781.

Standards and conditions in B4—B5 business districts:

The facility shall be located within a mixed-use building, shall not exceed fifteen (15) percent of the gross floor area of the building, and shall not be located on the first floor (except for access) or skyway level.

(Ord 15-5, § 2, 2-5-15)

Editor's note— Ord 15-5, § 2, adopted February 5, 2015, amended the Code by renumbering former §§ 65.785 and 65.786 as new §§ 65.786 and 65.788, respectively, and added provisions to be designated as a new § 65.785.

Standards and conditions in the B5 central business-service district:

All material must be completely enclosed within a building. Steel warehousing, storage of bulk petroleum or related products, and garbage, rubbish or junk are not permitted.

(Ord 13-57, § 2, 12-4-13; Ord 15-5, § 2, 2-5-15)

Editor's note— Former 65.785. See editor's note, § 65.785. Prior to being numbered 65.785, this section was numbered § 65.779. See editor's note, § 65.781.

A firm involved in the storage, movement or sale of goods for themselves or other firms, usually to retailers for resale to consumers, in relatively large quantities and usually at lower prices than at retail.

Standards and conditions:

In the B3 general business district, wholesale establishments shall have less than fifteen thousand (15,000) square feet of gross floor area, and shall have no outside storage. In the B4 central business district, storage is restricted to samples.

(Ord 13-57, § 2, 12-4-13)

Editor's note— Ord 13-57, § 2, adopted December 4, 2013, amended the Code by renumbering former § 65.780 as a new § 65.787.

A facility that manufactures wine, as defined by Minn. Stat. § 340A.301, with a capacity of six hundred twenty thousand (620,000) or fewer gallons a year.

Standards and conditions in traditional neighborhood and business districts.

(a)

In traditional neighborhood and B2 business districts, a conditional use permit is required for facilities with more than fifteen thousand (15,000) square feet of floor area to ensure size and design compatibility with the particular location.

(b)

In all traditional neighborhood and business districts, a conditional use permit is required for facilities with the capacity to manufacture more than one hundred fifty-five thousand (155,000) gallons a year in order to ensure operational and design compatibility with the particular location.

(Ord 13-57, § 2, 12-4-13; Ord 15-5, § 1, 2-5-15)

Note— Former § 65.786. See editor's note, § 65.785.