1. Purpose. The purpose of the Agricultural Preservation Zone is to preserve and promote agriculture in the unsewered areas of the city which are suitable for such use, to prevent scattered and leap-frog non-farm growth, and to prevent premature expenditures for such public services as roads, sewer, water, and police and fire protection.
2. Permitted uses; specific conditions.
   1. Utility service structures, subject to the following requirements:
      1. Shall not be a water tower or electrical substation or a building constructed to house sanitary lift station controls;
      2. Shall be 20 feet or less in height;
      3. May be used only to provide weather protection for utility equipment;
      4. Shall be designed, placed, and landscaped as necessary to assure that it blends with the neighboring uses, and is unobtrusive; and
      5. Shall comply with all applicable design standards.
   2. Adult day care centers as permitted uses, subject to the following conditions. The adult day care center shall:
      1. Serve 12 or fewer persons;
      2. Provide proof of an adequate water and sewer system if not served by municipal utilities;
      3. Have outdoor leisure/recreation areas located and designated to minimize visual and noise impacts on adjacent areas;
      4. 1. The total indoor space available for use by participants must equal at least 40 square feet for each day care participant and each day care staff member present at the center. When a center is located in a multi-functional organization if the required space available for use by participants is maintained while the center is operating.
         2. In determining the square footage of usable indoor space available, a center must not count:
            1. Hallways, stairways, closets, offices, restrooms, and utility and storage areas;
            2. More than 25% of the space occupied by the furniture or equipment used by participants or staff; or
            3. In a multi-functional organization, any space occupied by persons associated with the multi-functional organization while participants are using common space.
      5. Comply with all other state licensing requirements.
3. Conditional uses; specific conditions.
   1. Agricultural research facilities, which are facilities specifically operated for the purpose of conducting research in the production of agricultural crops, including research aimed at developing plant varieties. This term specifically excludes research regarding the development or research of soil conditioners, fertilizers, or other chemical additives placed in or on the soil or for the experimental raising of animals.
   2. Adult day care centers as conditional use, subject to the following conditions. The adult day care centers shall:
      1. Serve 12 or more persons;
      2. Provide proof of an adequate water and sewer system if not served by municipal utilities;
      3. Have outdoor leisure/recreation areas located and designed to minimize visual and noise impacts on adjacent areas;
      4. 1. The total indoor space available for use by participants must equal at least 40 square feet for each day care participant and each day care staff member present at the center. When a center is located in a multi-functional organization, the center may share a common space with the multi- functional organization if the required space available for use by participants is maintained while the center is operating.
         2. In determining the square footage of usable indoor space available, a center must not count:
            1. Hallways, stairways, closets, offices, restrooms, and utility and storage areas;
            2. More than 25% of the space occupied by the furniture or equipment used by participants or staff; or
            3. In a multi-functional organization, any space occupied by persons associated with the multi-functional organization while participants are using common space.
      5. Provide proof of state, federal, and other governmental licensing agency approval; and
      6. Comply with all other state licensing requirements.
   3. Wind energy conversion systems or windmills.
4. Permitted accessory uses; specific conditions.
   1. Receive-only satellite dish antennas, antenna devices, or communication service devices/apparatus (excluding towers) if located on utility service structures or public buildings.
5. Design standards. Within the Agricultural Preservation Zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following requirements:
   1. Maximum density: One dwelling per forty 40 acres; and
   2. Lot specifications.
      1. 1. Minimum lot width: 1,000 feet; and
         2.  Minimum lot depth: 1,000 feet.
      2. 1. Minimum front yard setback: 100 feet;
         2. Minimum side yard setback: 20 feet; and
         3. Minimum rear yard setback: 40 feet.
      3. Maximum height: 35 feet. Grain elevators, barns, silos, and elevator lags may exceed this limitation without a conditional use permit.
6. Additional requirements.
   1. All dwellings shall have a depth of at least 20 feet for at least 50% of their width. All dwellings shall have a width of at least 20 feet for at least 50% of their depth.
   2. All dwellings shall have a permanent foundation in conformance with the State Building Code.

(2013 Code, § 11.22)  (Ord. 31, passed 10-25-1979; Ord. 264, passed 5-26-1989; Ord. 279, passed 12-1-1989; Ord. 304, passed 11-7-1991; Ord. 377, passed 7-7-1994; Ord. 435, passed 11-30-1995; Ord. 482, passed 5-15-1997; Ord. 501, passed 9-18-1997; Ord. 528, passed 10-29-1998; Ord. 549, passed 6-3-1999; Ord. 572, passed 7-27-2000; Ord. 741, passed 12-1-2005; Ord. 793, passed 3-27-2008; Ord. 903, passed 3-17-2015; Ord. O2018-017, passed 11-20-2018)

1. Purpose. The purpose of the Rural Residential Zone is to allow low-density residential development in areas which are not served by municipal urban services.
2. Permitted uses; specific conditions.
   1. Utility service structures, subject to the following requirements:
      1. Shall not be a water tower or electrical substation or a building constructed to house sanitary lift station controls;
      2. Shall be 20 feet or less in height;
      3. May be used only to provide weather protection for utility equipment;
      4. Shall be designed, placed, and landscaped as necessary to assure that it blends with the neighboring uses, and is unobtrusive; and
      5. Shall comply with all applicable design standards.
   2. Adult day care centers as permitted uses, subject to the following conditions. The adult day care center shall:
      1. Serve 12 or fewer persons;
      2. Provide proof of an adequate water and sewer system if not served by municipal utilities;
      3. Have outdoor leisure/recreation areas located and designated to minimize visual and noise impacts on adjacent areas;
      4. The total indoor space available for use by participants must equal at least 40 square feet for each day care participant and each day care staff member present at the center. When a center is located in a multi-functional organization if the required space available for use by participants is maintained while the center is operating.
         1. In determining the square footage of usable indoor space available, a center must not count:
         2. Hallways, stairways, closets, offices, restrooms, and utility and storage areas;
         3. More than 25% of the space occupied by the furniture or equipment used by participants or staff; or
         4. In a multi-functional organization, any space occupied by persons associated with the multi-functional organization while participants are using common space.
      5. Comply with all other state licensing requirements.
3. Conditional uses; specific conditions.
   1. Adult day care centers as conditional use, subject to the following conditions. The adult day care centers shall:
      1. Serve 13 or more persons;
      2. Provide proof of an adequate water and sewer system if not served by municipal utilities;
      3. Have outdoor leisure/recreation areas located and designed to minimize visual and noise impacts on adjacent areas;
      4. The total indoor space available for use by participants must equal at least 40 square feet for each day care participant and each day care staff member present at the center. When a center is located in a multi-functional organization, the center may share a common space with the multi- functional organization if the required space available for use by participants is maintained while the center is operating.
         1. In determining the square footage of usable indoor space available, a center must not count:
         2. Hallways, stairways, closets, offices, restrooms, and utility and storage areas;
         3. More than 25% of the space occupied by the furniture or equipment used by participants or staff; or
         4. In a multi-functional organization, any space occupied by persons associated with the multi-functional organization while participants are using common space;
      5. Provide proof of state, federal, and other governmental licensing agency approval; and
      6. Comply with all other state licensing requirements.
   2. Wind energy conversion systems or windmills.
4. Permitted accessory uses; specific conditions.
   1. Communication service apparatus/device(s) as permitted accessory uses, subject to the following conditions:
      1. Shall be co-located on an existing tower or an existing structure;
      2. Must not exceed 175 feet in total height (including the extension of any communication service device(s) apparatus);
      3. Lights and/or flashing equipment shall not be permitted unless required by state or federal agencies;
      4. Signage shall not be allowed on the communication service device(s)/apparatus other than danger or warning type signs;
      5. Must provide proof from a professional engineer that the equipment will not interfere with existing communications for public safety purposes;
      6. Shall be located and have an exterior finish that minimizes visibility off-site to the maximum extent possible;
      7. Applicable provisions of this code of ordinances, including the provisions of the State Building Code therein adopted, shall be complied with;
      8. All obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed, the site shall be restored to its original or an approved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site;
      9. The applicant shall submit a plan illustrating all anticipated future location-sites for communication towers and/or communication devices(s)/apparatus;
      10. Wireless telecommunication towers and antennas will only be considered for city parks when the following conditions exist and if those areas are recommended by the Parks and Recreation Advisory Board and approved by the City Council:
          1. City parks of sufficient size and character that are adjacent to an existing commercial or industrial use; or
          2. Commercial recreation areas and major play fields used primarily by adults.
      11. All revenue generated through the lease of a city park for wireless telecommunication towers and antennas should be transferred to the Park Reserve Fund.
   2. Towers for commercial wireless telecommunications services shall only be allowed subject to the following conditions:
      1. Shall also operate as a public utility structure;
      2. Shall be located within the public rights-of-way;
      3. Shall be limited to 75 feet in height;
      4. Shall limit the height of antennas and communication service devices to 10 feet beyond the height of the structure;
      5. No setback shall be required when located in the public rights-of-way;
      6. Turf or other materials shall be established in the right-of-way consistent with the materials in the right-of-way at the time of installation;
      7. Lights and/or flashing equipment shall not be permitted unless required by state or federal agencies;
      8. Shall be protected with corrosive resistant material;
      9. Signage shall not be allowed on the tower other than danger or warning type signs;
      10. Must provide proof from a professional engineer that the equipment is not able to be collocated on any existing or approved towers and prove that the planned tower will not interfere with existing communications for public safety purposes;
      11. Must be built to accommodate antennas being placed at varying heights on the tower;
      12. Existing vegetation on the site shall be preserved to the maximum extent possible;
      13. Shall be surrounded by a security fence 6 feet in height with a lockable gate;
      14. Shall have an exterior finish that minimizes visibility off-site to the greatest extent possible;
      15. Applicable provisions of this code of ordinances, including the provisions of the State Building Code therein adopted, shall be complied with;
      16. No tower shall be permitted unless the equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within the one-half mile search radius of the proposed tower for any of the following reasons:
          1. The necessary equipment would exceed the structural capacity of the existing or approved tower or building and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost, as certified by a qualified, licensed professional engineer;
          2. The necessary equipment would cause interference as to significantly impact the usability of other existing or planned equipment at the tower, structure, or building and the interference, cannot be prevented at a reasonable cost, as certified by a qualified, licensed structural engineer;
          3. Existing or approved towers and buildings within the one-half mile search radius cannot or will not accommodate the planned equipment at a height necessary to function reasonably, as certified by a qualified, licensed professional engineer; or
          4. The applicant, after a good faith effort, is unable to lease space on an existing or approved tower or building.
      17. All obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city.
          1. After the facilities are removed, the site shall be restored to its original or an improved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site.
      18. The applicant shall submit a plan illustrating anticipated sites for future location for communication towers and/or communication device(s)/apparatus; and
      19. Other accessory uses, as determined by the Zoning Administrator.
5. Design standards. Within the Rural Residential Zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following requirements:
   1. Maximum density. One dwelling per 10 acres. For lots approved prior to January 18, 1994, the maximum density is one dwelling per 2-1/2 acres;
   2. Maximum impervious surface percentage. 30%;
   3. Lot specifications.
      1. Minimum lot width: 150 feet; and
      2. Minimum lot depth: 200 feet.
      3. Minimum front yard setback: 40 feet;
      4. Minimum side yard setback: 20 feet;
      5. Minimum rear yard setback: 40 feet; and
      6. Minimum setback for accessory machinery and buildings necessary to the conduct of agricultural operations: 100 feet from all lot lines.
   4. Maximum height. No structure shall exceed 35 feet in height without a conditional use permit.
6. Additional requirements.
   1. All dwellings shall have a depth of at least 20 feet for at least 50% of their width. All dwellings shall have a width of at least 20 feet for at least 50% of their depth.
   2. All dwellings shall have a permanent foundation in conformance with the State Building Code.

(2013 Code, § 11.24)  (Ord. 31, passed 10-25-1979; Ord. 264, passed 5-26-1989; Ord. 288, passed 2-16-1990; Ord. 304, passed 11-7-1991; Ord. 377, passed 7-7-1994; Ord. 435, passed 11-30-1995; Ord. 479, passed 3-13-1997; Ord. 482, passed 5-15-1997; Ord. 501, passed 9-18-1997; Ord. 528, passed 10-29-1998; Ord. 549, passed 6-3-1999; Ord. 600, passed 6-28-2001; Ord. 741, passed 12-1-2005; Ord. 793, passed 3-27-2008; Ord. 813, passed 2-26-2009; Ord. 903, passed 3-17-2015; Ord. O2018-017, passed 11-20-2018)

1. Purpose. The purpose of the Sewered Rural Residential Zone is to allow low-density residential development in areas that were platted prior to September 2006, and which are served by municipal urban services.
2. Permitted uses; specific conditions.
   1. Utility service structures, subject to the following requirements:
      1. Shall not be a water tower or electrical substation or a building constructed to house sanitary lift station controls;
      2. Shall be 20 feet or less in height;
      3. May be used only to provide weather protection for utility equipment;
      4. Shall be designed, placed, and landscaped as necessary to assure that it blends with the neighboring uses, and is unobtrusive; and
      5. Shall comply with all applicable design standards.
   2. Adult day care centers as permitted uses, subject to the following conditions. The adult day care center shall:
      1. Serve 12 or fewer persons;
      2. Provide proof of an adequate water and sewer system if not served by municipal utilities;
      3. Have outdoor leisure/recreation areas located and designed to minimize visual and noise impacts on adjacent areas;
      4. The total indoor space available for use by participants must equal at least 40 square feet for each day care participant and each day care staff member present at the center. When a center is located in a multi-functional organization if the required space available for use by participants is maintained while the center is operating.
         1. In determining the square footage of usable indoor space available, a center must not count:
         2. Hallways, stairways, closets, offices, restrooms, and utility and storage areas;
         3. More than 25% of the space occupied by the furniture or equipment used by participants or staff; or
         4. In a multi-functional organization, any space occupied by persons associated with the multi-functional organization while participants are using common space.
      5. Comply with all other state licensing requirements.
3. Conditional uses; specific conditions.
   1. Adult day care centers as conditional use, subject to the following conditions. The adult day care centers shall:
      1. Serve 13 or more persons;
      2. Provide proof of an adequate water and sewer system if not served by municipal utilities;
      3. Have outdoor leisure/recreation areas located and designed to minimize visual and noise impacts on adjacent areas;
      4. The total indoor space available for use by participants must equal at least 40 square feet for each day care participant and each day care staff member present at the center. When a center is located in a multi-functional organization, the center may share a common space with the multi-functional organization if the required space available for use by participants is maintained while the center is operating.
         1. In determining the square footage of usable indoor space available, a center must not count:
         2. Hallways, stairways, closets, offices, restrooms, and utility and storage areas;
         3. More than 25% of the space occupied by the furniture or equipment used by participants or staff; or
         4. In a multi-functional organization, any space occupied by persons associated with the multi-functional organization while participants are using common space.
      5. Provide proof of state, federal, and other governmental licensing agency approval; and
      6. Comply with all other state licensing requirements.
   2. Wind energy conversion systems or windmills.
4. Permitted accessory uses; specific conditions.
   1. Communication service apparatus/device(s) as permitted accessory uses, subject to the following conditions:
      1. Shall be co-located on an existing tower or an existing structure;
      2. Must not exceed 175 feet in total height (including the extension of any communication service device(s) apparatus);
      3. Lights and/or flashing equipment shall not be permitted unless required by state or federal agencies;
      4. Signage shall  not be allowed on  the communication service device(s)/apparatus other than danger or warning type signs;
      5. Must provide proof from a professional engineer that the equipment will not interfere with existing communications for public safety purposes;
      6. Shall be located and have an exterior finish that minimizes visibility off-site to the maximum extent possible;
      7. Applicable provisions of this code of ordinances, including the provisions of the State Building Code therein adopted, shall be complied with;
      8. All obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed, the site shall be restored to its original or an approved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site;
      9. The applicant shall submit a plan illustrating all anticipated future location-sites for communication towers and/or communication devices(s)/apparatus; and
      10. Wireless telecommunication towers and antennas will only be considered for city parks when the following conditions exist, and if those areas are recommended by the Parks and Recreation Advisory Board and approved by the City Council:
          1. City parks of sufficient size and character that are adjacent to an existing commercial or industrial use; and
          2. Commercial recreation areas and major playfields used primarily by adults.
      11. All revenue generated through the lease of a city park for wireless telecommunication towers and antennas should be transferred to the Park Reserve Fund.
   2. Towers for commercial wireless telecommunications services shall only be allowed subject to the following conditions:
      1. Shall also operate as a public utility structure;
      2. Shall be located within the public rights-of-way;
      3. Shall be limited to 75 feet in height;
      4. Shall limit the height of antennas and communication service devices to 10 feet beyond the height of the structure;
      5. No setback shall be required when located in the public rights-of-way;
      6. Turf or other materials shall be established in the right-of-way consistent with the materials in the right-of-way at the time of installation;
      7. Lights and/or flashing equipment shall not be permitted unless required by state or federal agencies;
      8. Shall be protected with corrosive resistant material;
      9. Signage shall not be allowed on the tower other than danger or warning type signs;
      10. Must provide proof from a professional engineer that the equipment is not able to be collocated on any existing or approved towers and prove that the planned tower will not interfere with existing communications for public safety purposes;
      11. Must be built to accommodate antennas being placed at varying heights on the tower;
      12. Existing vegetation on the site shall be preserved to the maximum extent possible;
      13. Shall be surrounded by a security fence 6 feet in height with a lockable gate;
      14. Shall have an exterior finish that minimizes visibility off-site to the greatest extent possible;
      15. Applicable provisions of this code of ordinances, including the provisions of the State Building Code therein adopted, shall be complied with;
      16. No tower shall be permitted unless the equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within one-half mile search radius of the proposed tower for any of the following reasons:
          1. The necessary equipment would exceed the structural capacity of the existing or approved tower or building and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost, as certified by a qualified, licensed professional engineer;
          2. The necessary equipment would cause interference as to significantly impact the usability of other existing or planned equipment at the tower, structure, or building and the interference cannot be prevented at a reasonable cost, as certified by a qualified, licensed structural engineer;
          3. Existing or approved towers and buildings within the one-half mile search radius cannot or will not accommodate the planned equipment at a height necessary to function reasonably, as certified by a qualified, licensed professional engineer; or
          4. The applicant, after a good faith effort, is unable to lease space on an existing or approved tower or building.
      17. All obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed, the site shall be restored to its original or an improved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site; and
      18. The applicant shall submit a plan illustrating anticipated sites for future location for communication towers and/or communication device(s)/apparatus.
5. Design standards. Within the Sewered Rural Residential Zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following requirements:
   1. Maximum density: Densities shall be as approved at the time of platting prior to September 2006;
   2. Maximum impervious surface percentage: 30%;
   3. Lot specifications: As approved at the time of platting prior to September 2006; and
   4. Maximum heights: No structure shall exceed 35 feet in height without a conditional use permit.
6. Additional requirements.
   1. All dwellings shall have a depth of at least 20 feet for at least 50% of their width. All dwellings shall have a width of at least 20 feet for at least 50% of their depth.
   2. All dwellings shall have a permanent foundation in conformance with the State Building Code.

(2013 Code, § 11.25)  (Ord. 771, passed 10-26-2006; Ord. 793, passed 3-27-2008; Ord. 813, passed 2-26-2009; )  Penalty, see § 151.999

1. Purpose. The purpose of the Low-Density Residential Zone is to allow large-lot single- family development in areas of the city served by sanitary sewer and water.
2. Permitted uses; specific conditions.
   1. Utility service structures, subject to the following requirements:
      1. Shall not be a water tower or electrical substation or a building constructed to house sanitary lift station controls;
      2. Shall be 20 feet or less in height;
      3. May be used only to provide weather protection for utility equipment;
      4. Shall be designated, placed, and landscaped as necessary to assure that it blends with the neighboring uses, and is unobtrusive; and
      5. Shall comply with all applicable design standards.
   2. Adult day care centers as permitted uses, subject to the following conditions. The adult day care center shall:
      1. Serve 12 or fewer persons;
      2. Provide proof of an adequate water and sewer system if not served by municipal utilities;
      3. Have outdoor leisure/recreation areas located and designated to minimize visual and noise impacts on adjacent areas;
      4. The total indoor space available for use by participants must equal at least 40 square feet for each day care participant and each day care staff member present at the center. When a center is located in a multi-functional organization if the required space available for use by participants is maintained while the center is operating.
         1. In determining the square footage of usable indoor space available, a center must not count:
         2. Hallways, stairways, closets, offices, restrooms, and utility and storage areas;
         3. More than 25% of the space occupied by the furniture or equipment used by participants or staff; or
         4. In a multi-functional organization, any space occupied by persons associated with the multi-functional organization while participants are using common space.
      5. Comply with all other state licensing requirements.
3. Conditional uses; specific conditions.
   1. Adult day care centers as conditional use, subject to the following conditions, the adult day care centers shall:
      1. Serve 13 or more persons;
      2. Provide proof of an adequate water and sewer system if not served by municipal utilities;
      3. Have outdoor leisure/recreation areas located and designed to minimize visual and noise impacts on adjacent areas;
      4. The total indoor space available for use by participants must equal at least 40 square feet for each day care participant and each day care staff member present at the center. When a center is located in a multi-functional organization, the center may share a common space with the multi-functional organization if the required space available for use by participants is maintained while the center is operating.
         1. In determining the square footage of usable indoor space available, a center must not count:
         2. Hallways, stairways, closets, offices, restrooms, and utility and storage areas;
         3. More than 25% of the space occupied by the furniture or equipment used by participants or staff; or
         4. In a multi-functional organization, any space occupied by persons associated with the multi-functional organization while participants are using common space.
      5. Provide proof of state, federal, and other governmental licensing agency approval; and
      6. Comply with all other state licensing requirements.
4. Permitted accessory uses; specific conditions.
   1. Communication service apparatus/device(s) as permitted uses, subject to the following conditions:
      1. Shall be co-located on an existing tower or an existing structure;
      2. Must not exceed 175 feet in total height (including the extension of any communication service device(s) apparatus);
      3. Lights and/or flashing equipment shall not be permitted unless required by state or federal agencies;
      4. Signage shall not be allowed on the communication service device(s)/apparatus other than danger or warning type signs;
      5. Must provide proof from a professional engineer that the equipment will not interfere with existing communications for public safety purposes;
      6. Shall be located and have an exterior finish that minimizes visibility off-site to the maximum extent possible;
      7. Applicable provisions of this code of ordinances, including the provisions of the State Building Code therein adopted, shall be complied with;
      8. All obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months. After the facilities are removed, the site shall be restored to its original or an approved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site;
      9. The applicant shall submit a plan illustrating all anticipated future location-sites for communication towers and/or communication devices(s)/apparatus;
      10. Wireless telecommunication towers and antennas will only be considered for city parks when the following conditions exist and if those areas are recommended by the Parks and Recreation Advisory Board and approved by the City Council:
          1. City parks of sufficient size and character that are adjacent to an existing commercial or industrial use; and
          2. Commercial recreation areas and major play fields used primarily by adults.
      11. All revenue generated through the lease of a city park for wireless telecommunication towers and antennas should be transferred to the Park Reserve Fund.
   2. Towers for commercial wireless telecommunications services shall only be allowed subject to the following conditions:
      1. Shall also operate as a public utility structure;
      2. Shall be located within the public rights-of-way;
      3. Shall be limited to 75 feet in height;
      4. Shall limit the height of antennas and communication service devices to 10 feet beyond the height of the structure;
      5. No setback shall be required when located in the public rights-of-way;
      6. Turf or other materials shall be established in the right-of-way consistent with the materials in the right-of-way at the time of installation;
      7. Lights and/or flashing equipment shall not be permitted unless required by state or federal agencies;
      8. Shall be protected with corrosive resistant material;
      9. Signage shall not be allowed on the tower other than danger or warning type signs;
      10. Must provide proof from a professional engineer that the equipment is not able to be collocated on any existing or approved towers and prove that the planned tower will not interfere with existing communications for public safety purposes;
      11. Must be built to accommodate antennas being placed at varying heights on the tower;
      12. Existing vegetation on the site shall be preserved to the maximum extent possible;
      13. Shall be surrounded by a security fence 6 feet in height with a lockable gate;
      14. Shall have an exterior finish that minimizes visibility off-site to the greatest extent possible;
      15. Applicable provisions of this code of ordinances, including the provisions of the State Building Code therein adopted, shall be complied with;
      16. No tower shall be permitted unless the equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within one-half mile search radius of the proposed tower for any of the following reasons:
          1. The necessary equipment would exceed the structural capacity of the existing or approved tower or building and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost, as certified by a qualified, licensed professional engineer;
          2. The necessary equipment would cause interference as to significantly impact the ability of other existing or planned equipment at the tower, structure, or building and the interference cannot be prevented at a reasonable cost, as certified by a qualified, licensed structural engineer;
          3. Existing or approved towers and buildings within the one-half mile search radius cannot or will not accommodate the planned equipment at a height necessary to function reasonably, as certified by a qualified, licensed professional engineer; or
          4. The applicant, after a good faith effort, is unable to lease space on an existing or approved tower or building.
      17. All obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed, the site shall be restored to its original or an improved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site; and
      18. The applicant shall submit a plan illustrating anticipated sites for future location for communication towers and/or communication device(s)/apparatus.
5. Design standards. Within the Low-Density Residential Zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following requirements:
   1. Maximum density: Three dwellings per acre. Streets shall be excluded in calculating acreage;
   2. Maximum impervious surface percentage: 50%;
   3. Lot specifications:
      1. Minimum lot width: 95 feet;
      2. Minimum lot area: 12,800 square feet;
      3. Minimum front yard setback: 35 feet;
      4. Minimum side yard setback: 15 feet; and
      5. Minimum rear yard setback: 40 feet.
   4. Maximum height: No structure shall exceed 35 feet in height without a conditional use permit.
6. Additional requirements.
   1. All dwellings shall have a depth of at least 20 feet for at least 50% of their width. All dwellings shall have a width of at least 20 feet for at least 50% of their depth.
   2. All dwellings shall have a permanent foundation in conformance with the State Building Code.

(2013 Code, § 11.26)  (Ord. 377, passed 7-7-1994; Ord. 435, passed 11-30-1995; Ord. 479, passed 3-13-1997; Ord. 482, passed 5-15-1997; Ord. 501, passed 9-18-1997; Ord. 528, passed 10-29-1998;  Ord. 563, passed 11-25-1999; Ord. 741, passed 12-1-2005; Ord. 763, passed 6-15-2006; Ord. 793, passed 3-27-2008; Ord. 813, passed 2-26-2009; Ord. 903, passed 3-17-2015; )

1. Purpose. The purpose of the Urban Residential Zone is to provide an area for residential development where public sanitary sewer and water are available.
2. Permitted uses; specific conditions.
   1. Utility service structures, subject to the following requirements:
      1. Shall not be a water tower or electrical substation or a building constructed to house sanitary lift station controls;
      2. Shall be 20 feet or less in height;
      3. May be used only to provide weather protection for utility equipment;
      4. Shall be designed, placed, and landscaped as necessary to assure that it blends with the neighboring uses, and is unobtrusive; and
      5. Shall comply with all applicable design standards.
   2. Adult day care centers as permitted uses, subject to the following conditions. The adult day care center shall:
      1. Serve 12 or fewer persons;
      2. Provide proof of an adequate water and sewer system if not served by municipal utilities;
      3. Have outdoor leisure/recreation areas located and designated to minimize visual and noise impacts on adjacent areas;
      4. The total indoor space available for use by participants must equal at least 40 square feet for each day care participant and each day care staff member present at the center. When a center is located in a multi-functional organization if the required space available for use by participants is maintained while the center is operating.
         1. In determining the square footage of usable indoor space available, a center must not count:
         2. Hallways, stairways, closets, offices, restrooms, and utility and storage areas;
         3. More than 25% of the space occupied by the furniture or equipment used by participants or staff; or
         4. In a multi-functional organization, any space occupied by persons associated with the multi-functional organization while participants are using common space.
      5. Comply with all other state licensing requirements.
3. Conditional uses; specific conditions.
   1. Adult day care centers as permitted uses, subject to the following conditions. The adult day centers shall:
      1. Serve 13 or more persons;
      2. Provide proof of an adequate water and sewer system if not served by municipal utilities;
      3. Have outdoor leisure/recreation areas located and designed to minimize visual and noise impacts on adjacent areas;
      4. The total indoor space available for use by participants must equal at least 40 square feet for each day care participant and each day care staff member present at the center. When a center is located in a multi-functional organization, the center may share a common space with the multi-functional organization if the required space available for use by participants is maintained while the center is operating.
         1. In determining the square footage of usable indoor space available, a center must not count:
         2. Hallways, stairways, closets, offices, restrooms, and utility and storage areas;
         3. More than 25% of the space occupied by the furniture or equipment used by participants or staff; or
         4. In a multi-functional organization, any space occupied by persons associated with the multi-functional organization while participants are using common space.
      5. Provide proof of state, federal, and other governmental licensing agency approval; and
      6. Comply with all other state licensing requirements.
4. Permitted accessory uses; specific conditions.
   1. Communication service apparatus/device(s) as permitted accessory uses, subject to the following conditions:
      1. Shall be co-located on an existing tower or an existing structure;
      2. Must not exceed 175 feet in total height (including the extension of any communication service device(s) apparatus);
      3. Lights and/or flashing equipment shall not be permitted unless required by state or federal agencies;
      4. Signage shall not be allowed on the communication service device(s)/apparatus other than danger or warning type signs;
      5. Must provide proof from a professional engineer that the equipment will not interfere with existing communications for public safety purposes;
      6. Shall be located and have an exterior finish that minimizes visibility off-site to the maximum extent possible;
      7. Applicable provisions of this code of ordinances, including the provisions of the State Building Code therein adopted, shall be complied with;
      8. All obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed, the site shall be restored to its original or an approved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site;
      9. The applicant shall submit a plan illustrating all anticipated future location sites for communication towers and/or communication devices(s)/apparatus;
      10. Wireless telecommunication towers and antennas will only be considered for city parks when the following conditions exist and if those areas are recommended by the Parks and Recreation Advisory Board and approved by the City Council:
          1. City parks of sufficient size and character that are adjacent to an existing commercial or industrial use; and
          2. Commercial recreation areas and major play fields used primarily by adults.
      11. All revenue generated through the lease of a city park for wireless telecommunication towers and antennas should be transferred to the Park Reserve Fund.
   2. Towers for commercial wireless telecommunications services shall only be allowed subject to the following conditions:
      1. Shall also operate as a public utility structure;
      2. Shall be located within the public rights-of-way;
      3. Shall be limited to 75 feet in height;
      4. Shall limit the height of antennas and communication service devices to 10 feet beyond the height of the structure;
      5. No setback shall be required when located in the public rights-of-way;
      6. Turf or other materials shall be established in the right-of-way consistent with the materials in the right-of-way at the time of installation;
      7. Lights and/or flashing equipment shall not be permitted unless required by state or federal agencies;
      8. Shall be protected with corrosive resistant material;
      9. Signage shall not be allowed on the tower other than danger or warning type signs;
      10. Must provide proof from a professional engineer that the equipment is not able to be collocated on any existing or approved towers and prove that the planned tower will not interfere with existing communications for public safety purposes;
      11. Must be built to accommodate antennas being placed at varying heights on the tower;
      12. Existing vegetation on the site shall be preserved to the maximum extent possible;
      13. Shall be surrounded by a security fence 6 feet in height with a lockable gate;
      14. Shall have an exterior finish that minimizes visibility off-site to the greatest extent possible;
      15. Applicable provisions of this code of ordinances, including the provisions of the State Building Code therein adopted, shall be complied with;
      16. No tower shall be permitted unless the equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within one-half mile search radius of the proposed tower for any of the following reasons:
          1. The necessary equipment would exceed the structural capacity of the existing or approved tower or building and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost, as certified by a qualified, licensed professional engineer;
          2. The necessary equipment would cause interference as to significantly impact the usability of other existing or planned equipment at the tower, structure, or building and the interference cannot be prevented at a reasonable cost, as certified by a qualified, licensed structural engineer;
          3. Existing or approved towers and buildings within the one-half mile search radius cannot or will not accommodate the planned equipment at a height necessary to function reasonably, as certified by a qualified, licensed professional engineer; or
          4. The applicant, after a good faith effort, is unable to lease space on an existing or approved tower or building.
      17. All obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed, the site shall be restored to its original or an improved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site; and
      18. The applicant shall submit a plan illustrating anticipated sites for future location for communication towers and/or communication device(s)/apparatus.
5. Design standards. Within the Urban Residential Zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following requirements:
   1. Maximum density: 5 dwellings per acre. Streets shall be excluded in calculating acreage;
   2. Maximum impervious surface percentage: 50%;
   3. Lot specifications.
      1. Minimum lot width (single-family detached): 60 feet;
      2. Minimum lot width for single family detached corner lots: 60 feet;
      3. Existing two-family dwelling: 70 feet;
      4. Minimum lot depth: 100 feet;
      5. Minimum front yard setback: 25 feet;
      6. Minimum side yard setback: 7.50 feet
      7. Minimum Street-side yard setback: 15 feet; and
      8. Minimum rear yard setback: 30 feet.
   4. Maximum height. No structure shall exceed 35 feet in height without a conditional use permit.
6. Additional requirements.
   1. All dwellings shall have a depth of at least 20 feet for at least 50% of their width. All dwellings shall have a width of at least 20 feet for at least 50% of their depth.
   2. All dwellings shall have a permanent foundation in conformance with the State Building Code.

(2013 Code, § 11.28)  (Ord. 31, passed 10-25-1979; Ord. 60, passed 5-14-1981; Ord. 159, passed 2-28-1985; Ord. 264, passed 5-26-1989; Ord. 377, passed 7-7-1994; Ord. 435, passed 11-30-1995; Ord. 479, passed 3-13-1997; Ord. 482, passed 5-15-1997; Ord. 496, passed 8-21-1997; Ord. 501, passed 9-18-1997; Ord. 528, passed 10-29-1998; Ord. 563, passed 11-25-1999; Ord. 741, passed 12-1-2005; Ord. 793, passed 3-27-2008; Ord. 813, passed 2-26-2009; Ord. 815, passed 3-26-2009; Ord. 865, passed 3-5-2013; Ord. 903, passed 3-17-2015; Ord. 950, passed 11-15-2016; )

1. Purpose. The purpose of the Traditional Neighborhood Zone is to provide an area for the continuation of existing residential developments and allow for new residential developments that allow flexibility in building and neighborhood type design. The intent of the R1C zone is to create a walkable urban environment with shorter blocks and a grid pattern of street design.
2. Permitted uses; specific conditions.
   1. Utility service structures, subject to the following requirements:
      1. Shall not be a water tower or electrical substation or a building constructed to house sanitary lift station controls;
      2. Shall be 20 feet or less in height;
      3. May be used only to provide weather protection for utility equipment;
      4. Shall be designed, placed, and landscaped as necessary to assure that it blends with the neighboring uses, and is unobtrusive; and
      5. Shall comply with all applicable design standards.
   2. Adult day care centers as permitted uses, subject to the following conditions. The adult day care center shall:
      1. Serve 12 or fewer persons;
      2. Provide proof of an adequate water and sewer system if not served by municipal utilities;
      3. Have outdoor leisure/recreation areas located and designated to minimize visual and noise impacts on adjacent areas;
      4. The total indoor space available for use by participants must equal at least 40 square feet for each day care participant and each day care staff member present at the center. When a center is located in a multi-functional organization if the required space available for use by participants is maintained while the center is operating.
         1. In determining the square footage of usable indoor space available, a center must not count:
         2. Hallways, stairways, closets, offices, restrooms, and utility and storage areas;
         3. More than 25% of the space occupied by the furniture or equipment used by participants or staff; or
         4. In a multi-functional organization, any space occupied by persons associated with the multi-functional organization while participants are using common space.
      5. Comply with all other state licensing requirements.
3. Conditional uses; specific conditions.
   1. Adult day care centers as conditional uses, subject to the following conditions. The adult day care centers shall:
      1. Serve 13 or more persons;
      2. Provide proof of an adequate water and sewer system if not served by municipal utilities;
      3. Have outdoor leisure/recreation areas located and designed to minimize visual and noise impacts on adjacent areas;
      4. The total indoor space available for use by participants must equal at least 40 square feet for each day care participant and each day care staff member present at the center. When a center is located in a multi-functional organization, the center may share a common space with the multi-functional organization if the required space available for use by participants is maintained while the center is operating.
         1. In determining the square footage of usable indoor space available, a center must not count:
         2. Hallways, stairways, closets, offices, restrooms, and utility and storage areas;
         3. More than 25% of the space occupied by the furniture or equipment used by participants or staff; or
         4. In a multi-functional organization, any space occupied by persons associated with the multi-functional organization while participants are using common space.
      5. Provide proof of state, federal, and other governmental licensing agency approval; and
      6. Comply with all other state licensing requirements.
   2. SENIOR HOUSING FACILITIES, which are defined as housing facilities with or without assisted living services, that are intended to serve persons greater than 55 years of age, not including nursing homes, subject to the following conditions:
      1. Minimum lot size of 0.75 acres;
      2. Maximum density of 45 units/acre;
      3. Maximum height is equal to the maximum height set forth by the design standards of the R-1C, Traditional Neighborhood Zone;
      4. Minimum structure setbacks are equivalent to R-1C setback regulations, except that the minimum side yard setback must be at least one-half of the building height;
      5. Maximum impervious surface percentage of 70%; and
      6. Building design and materials must meet minimum requirements set forth in §§ 151.105 through 151.125.
4. Permitted accessory uses; specific conditions.
   1. Communication service apparatus/device(s) as permitted accessory uses, subject to the following conditions:
      1. Shall be co-located on an existing tower or an existing structure;
      2. Must not exceed 175 feet in total height including the extension of any communication service device(s) apparatus);
      3. Lights and/or flashing equipment shall not be permitted unless required by state or federal agencies;
      4. Signage shall not be allowed on the communication service device(s)/apparatus other than danger or warning type signs;
      5. Must provide proof from a professional engineer that the equipment will not interfere with existing communications for public safety purposes;
      6. Shall be located and have an exterior finish that minimizes visibility off-site to the maximum extent possible;
      7. Applicable provisions of this code of ordinances, including the provisions of the State Building Code therein adopted, shall be complied with;
      8. All obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed, the site shall be restored to its original or an approved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site;
      9. The applicant shall submit a plan illustrating all anticipated future location-sites for communication towers and/or communication devices(s)/apparatus;
      10. Wireless telecommunication towers and antennas will only be considered for city parks when the following conditions exist and if those areas are recommended by the Parks and Recreation Advisory Board and approved by the City Council:
          1. City parks of sufficient size and character that are adjacent to an existing commercial or industrial use; and
          2. Commercial recreation areas and major playfields used primarily by adults.
      11. All revenue generated through the lease of a city park for wireless telecommunication towers and antennas should be transferred to the Park Reserve Fund.
   2. Towers for commercial wireless telecommunications services shall only be allowed subject to the following conditions:
      1. Shall also operate as a public utility structure;
      2. Shall be located within the public rights-of-way;
      3. Shall be limited to 75 feet in height;
      4. Shall limit the height of antennas and communication service devices to 10 feet beyond the height of the structure;
      5. No setback shall be required when located in the public rights-of-way;
      6. Turf or other materials shall be established in the right-of-way consistent with the materials in the right-of-way at the time of installation;
      7. Lights and/or flashing equipment shall not be permitted unless required by state or federal agencies;
      8. Shall be protected with corrosive resistant material;
      9. Signage shall not be allowed on the tower other than danger or warning type signs;
      10. Must provide proof from a professional engineer that the equipment is not able to be collocated on any existing or approved towers and prove that the planned tower will not interfere with existing communications for public safety purposes;
      11. Must be built to accommodate antennas being placed at varying heights on the tower;
      12. Existing vegetation on the site shall be preserved to the maximum extent possible;
      13. Shall be surrounded by a security fence 6 feet in height with a lockable gate;
      14. Shall have an exterior finish that minimizes visibility off-site to the greatest extent possible;
      15. Applicable provisions of this code of ordinances, including the provisions of the State Building Code therein adopted, shall be complied with;
      16. No tower shall be permitted unless the equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within the one-half mile search radius of the proposed tower for any of the following reasons:
          1. The necessary equipment would exceed the structural capacity of the existing or approved tower or building and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost, as certified by a qualified, licensed professional engineer;
          2. The necessary equipment would cause interference as to significantly impact the usability of other existing or planned equipment at the tower, structure, or building and the interference cannot be prevented at a reasonable cost, as certified by a qualified, licensed structural engineer;
          3. Existing or approved towers and buildings within the one-half mile search radius cannot or will not accommodate the planned equipment at a height necessary to function reasonably, as certified by a qualified, licensed professional engineer; or
          4. The applicant, after a good faith effort, is unable to lease space on an existing or approved tower or building.
      17. All obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed, the site shall be restored to its original or an improved state. The user of the tower and/or accompanying accessory/facilities shall be responsible for the removal of facilities and restoration of the site; and
      18. The applicant shall submit a plan illustrating anticipated sites for future location for communication towers and/or communication device(s)/apparatus.
5. Design standards. Within the Traditional Neighborhood Zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following requirements:
   1. Maximum density: 7½ dwellings per acre. Streets shall be excluded in calculating acreage;
   2. Maximum impervious surface percentage: 50%;
   3. Lot specifications:
      1. Minimum lot width (single-family detached): 50 feet;
      2. Two-family dwelling: 70 feet;
      3. Minimum lot depth: 100 feet;
      4. Minimum front yard setback:
         1. Thirty feet, except that the minimum setback shall be equal to the average setback of other principal structures on the block when the applicant proves that there are more than 2 other existing principal structures on the block, and those structures have an average setback of less than 30 feet; or
         2. If there are fewer than 3 other existing principal structures on the block, the setback is 30 feet.
      5. Minimum street side yard setback: 10 feet, except that the minimum setback shall be equal to the average street side yard setback of other principal structures on the block when the applicant proves that the other existing principal structures have an average setback of less than 10 feet;
      6. Minimum interior side yard setback: 5 feet, or one side at 3 feet and the other side at 7 feet;
      7. Minimum rear yard setback: 30 feet; and
      8. Minimum rear yard setback for accessory structures: 5 feet.
   4. Maximum height. No structure shall exceed 35 feet in height without a conditional use permit.
6. Additional requirements.
   1. All dwellings shall have a depth of at least 20 feet for at least 50% of their width. All dwellings shall have a width of at least 20 feet for at least 50% of their depth.
   2. All dwellings shall have a permanent foundation in conformance with the State Building Code.

(2013 Code, § 11.30)  (Ord. 31, passed 10-25-1979; Ord. 60, passed 5-14-1981; Ord. 159, passed 2-28-1985; Ord. 264, passed 5-26-1989; Ord. 377, passed 7-7-1994; Ord. 435, passed 11-30-1995; Ord. 470, passed 1-1-1997; Ord. 479, passed 3-13-1997; Ord. 482, passed 5-15-1997; Ord. 496, passed 8-21-1997; Ord. 501, passed 9-18-1997; Ord. 528, passed 10-29-1998; Ord. 563, passed 11-25-1999; Ord. 741, passed 12-1-2005; Ord. 793, passed 3-27-2008; Ord. 899, passed 1-20-2015; Ord. 903, passed 3-17-2015; )

1. Purpose. The purpose of the Medium-Density Residential Zone is to provide an area which will allow 5.01 to 8 residential dwellings per acre and also provide a transitional zone between single-family residential areas and other land uses.
2. Permitted uses; specific conditions.
   1. Utility service structures, subject to the following requirements:
      1. Shall not be a water tower or electrical substation or a building constructed to house sanitary lift station controls;
      2. Shall be 20 feet or less in height;
      3. May be used only to provide weather protection for utility equipment;
      4. Shall be designed, placed, and landscaped as necessary to assure that it blends with the neighboring uses, and is unobtrusive; and
      5. Shall comply with all applicable design standards.
   2. Adult day care centers as permitted uses, subject to the following conditions: The adult day care center shall:
      1. Serve 12 or fewer persons;
      2. Provide proof of an adequate water and sewer system if not served by municipal utilities;
      3. Have outdoor leisure/recreation areas located and designated to minimize visual and noise impacts on adjacent areas;
      4. The total indoor space available for use by participants must equal at least 40 square feet for each day care participant and each day care staff member present at the center. When a center is located in a multi-functional organization if the required space available for use by participants is maintained while the center is operating.
         1. In determining the square footage of usable indoor space available, a center must not count:
         2. Hallways, stairways, closets, offices, restrooms, and utility and storage areas;
         3. More than 25% of the space occupied by the furniture or equipment used by participants or staff; or
         4. In a multi-functional organization, any space occupied by persons associated with the multi-functional organization while participants are using common space; and
      5. Comply with all other state licensing requirements.
3. Conditional uses; specific conditions.
   1. Adult day care centers as conditional use, subject to the following conditions. The adult day care centers shall:
      1. Serve 13 or more persons;
      2. Provide proof of an adequate water and sewer system if not served by municipal utilities;
      3. Have outdoor leisure/recreation areas located and designed to minimize visual and noise impacts on adjacent areas;
      4. The total indoor space available for use by participants must equal at least 40 square feet for each day care participant and each day care staff member present at the center. When a center is located in a multi-functional organization, the center may share a common space with the multi-functional organization if the required space available for use by participants is maintained while the center is operating.
         1. In determining the square footage of usable indoor space available, a center must not count:
         2. Hallways, stairways, closets, offices, restrooms, and utility and storage areas;
         3. More than 25% of the space occupied by the furniture or equipment used by participants or staff; or
         4. In a multi-functional organization, any space occupied by persons associated with the multi-functional organization while participants are using common space.
      5. Provide proof of state, federal, and other governmental licensing agency approval; and
      6. Comply with all other state licensing requirements.
4. Permitted accessory uses; specific conditions.
   1. Communication service apparatus/devices, as permitted accessory uses, subject to the following conditions:
      1. Shall be co-located on an existing tower or an existing structure;
      2. Must not exceed 175 feet in total height (including the extension of any communication service device(s) apparatus);
      3. Lights and/or flashing equipment shall not be permitted unless required by state or federal agencies;
      4. Signage shall not be allowed on the communication service device(s)/apparatus other than danger or warning type signs;
      5. Must provide proof from a professional engineer that the equipment will not interfere with existing communications for public safety purposes;
      6. Shall be located and have an exterior finish that minimizes visibility off-site to the maximum extent possible;
      7. Applicable provisions of this code of ordinances, including the provisions of the State Building Code therein adopted, shall be complied with;
      8. All obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed, the site shall be restored to its original or an approved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site;
      9. The applicant shall submit a plan illustrating all anticipated future location sites for communication towers and/or communication devices(s)/apparatus;
      10. Wireless telecommunication towers and antennas will only be considered for city parks when the following conditions exist and if those areas are recommended by the Parks and Recreation Advisory Board and approved by the City Council:
          1. City parks of sufficient size and character that are adjacent to an existing commercial or industrial use; and
          2. Commercial recreation areas and major play fields used primarily by adults.
      11. All revenue generated through the lease of a city park for wireless telecommunication towers and antennas should be transferred to the Park Reserve Fund.
   2. Towers for commercial wireless telecommunications services shall only be allowed subject to the following conditions:
      1. Shall also operate as a public utility structure;
      2. Shall be located within the public rights-of-way;
      3. Shall be limited to 75 feet in height;
      4. Shall limit the height of antennas and communication service devices to 10 feet beyond the height of the structure;
      5. No setback shall be required when located in the public rights-of-way;
      6. Turf or other materials shall be established in the right-of-way consistent with the materials in the right-of-way at the time of installation;
      7. Lights and/or flashing equipment shall not be permitted unless required by state or federal agencies;
      8. Shall be protected with corrosive resistant material;
      9. Signage shall not be allowed on the tower other than danger or warning type signs;
      10. Must provide proof from a professional engineer that the equipment is not able to be collocated on any existing or approved towers and prove that the planned tower will not interfere with existing communications for public safety purposes;
      11. Must be built to accommodate antennas being placed at varying heights on the tower;
      12. Existing vegetation on the site shall be preserved to the maximum extent possible;
      13. Shall be surrounded by a security fence 6 feet in height with a lockable gate;
      14. Shall have an exterior finish that minimizes visibility off-site to the greatest extent possible;
      15. Applicable provisions of this code of ordinances, including the provisions of the State Building Code therein adopted, shall be complied with;
      16. No tower shall be permitted unless the equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within the one-half mile search radius of the proposed tower for any of the following reasons:
          1. The necessary equipment would exceed the structural capacity of the existing or approved tower or building and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost, as certified by a qualified, licensed professional engineer;
          2. The necessary equipment would cause interference as to significantly impact the usability of other existing or planned equipment at the tower, structure, or building and the interference cannot be prevented at a reasonable cost, as certified by a qualified, licensed structural engineer;
          3. Existing or approved towers and buildings within the one-half mile search radius cannot or will not accommodate the planned equipment at a height necessary to function reasonably, as certified by a qualified, licensed professional engineer; or
          4. The applicant, after a good faith effort, is unable to lease space on an existing or approved tower or building.
      17. All obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed, the site shall be restored to its original or an improved state.
          1. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site.
      18. The applicant shall submit a plan illustrating anticipated sites for future location for communication towers and/or communication device(s)/apparatus.
5. Design standards. Within the Medium-Density Residential Zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following requirements:
   1. Density. A minimum of 5.1 and a maximum of 8 dwellings per acre. Streets shall be excluded in calculating acreage;
   2. Maximum impervious surface percentage. 60%;
   3. Lot specifications:
      1. Minimum lot width
         1. Single-family detached: 60 feet;
         2. Two-family dwelling: 70 feet; and
         3. Multiple-family dwelling: 100 feet.
      2. Minimum lot depth: 100 feet;
         1. Minimum front yard setback: 35 feet; and
         2. Minimum side yard setback: 10 feet;
         3. Minimum rear yard setback: 30 feet;
            
         4. Maximum height: No structure shall exceed 35 feet in height without a conditional use permit.
6. Additional requirements.
   1. All dwellings shall have a depth of at least 20 feet for at least 50% of their width. All dwellings shall have a width of at least 20 feet for at least 50% of their depth.
   2. All dwellings shall have a permanent foundation in conformance with the State Building Code.

(2013 Code, § 11.32)  (Ord. 31, passed 10-25-1979; Ord. 60, passed 5-14-1981; Ord. 159, passed 2-28-1985; Ord. 264, passed 5-26-1989; Ord. 377, passed 7-7-1994; Ord. 435, passed 11-30-1995; Ord. 467, passed 12-19-1996; Ord. 479, passed 3-13-1997; Ord. 482, passed 5-15-1997; Ord. 501, passed 9-18-1997; Ord. 528, passed 10-29-1998; Ord. 544, passed 4-15-1999; Ord. 563, passed 11-25-1999; Ord. 603, passed 8-2-2001; Ord. 741, passed 12-1-2005; Ord. 793, passed 3-27-2008; Ord. 813, passed 2-26-2009; Ord. 865, passed 3-5-2013; Ord. 903, passed 3-17-2015;)

1. Purpose.
   1. The purpose of the Planned Residential District (PRD) is to provide areas for the mixed-use development; including single-family detached, medium-density, and high-density residential, as well as compatible community commercial and service uses. By allowing mixed-use development, the PRD provides a mechanism for providing a range of housing types and easy accessibility to services either within a single development or area of the city.
   2. No property in the city shall be re-zoned to PRD after May 18, 2004. The substantive provisions in the section shall apply only to those properties that are zoned PRD as of that date.
2. Permitted uses; specific conditions.
   1. Adult day care centers subject to the following conditions:
      1. Serve 12 or fewer persons;
      2. Provide proof of an adequate water and sewer system if not served by municipal utilities;
      3. The outdoor leisure/recreation areas located and designed to minimize visual and noise impacts on adjacent areas;
      4. The total indoor space available for use by participants must equal at least 40 square feet for each day care participant and each day care staff member present at the center. When a center is located in a multi-functional organization, the center may share a common space with the multi-functional organization if the required space available for use by participants is maintained while the center is operating.
         1. In determining the square footage of usable indoor space available, a center must not count:
         2. Hallways, stairways, closets, offices, restrooms, and utility and storage areas;
         3. More than 25% of the space occupied by the furniture or equipment used by participants or staff;
         4. In a multi-functional organization, any space occupied by persons associated with the multi-functional organization while participants are using common space; and
3. Uses permitted with a conditional use permit. Within the Planned Residential District, the following uses of structures or land may be allowed with conditional use permit approval:
   1. Medium-density residential development as allowed under § 151.036, Medium- Density Residential Zone, and according to the design standards contained therein;
   2. Multiple-family residential development as allowed under § 151.038 and according to the design standards contained therein;
   3. Neighborhood commercial development as allowed under § 151.039 and according to the design standards contained therein.
4. Permitted accessory uses; specific conditions.
   1. Communication service apparatus/devices(s) as permitted accessory uses, subject to the following conditions:
      1. Shall be co-located on an existing tower or an existing structure;
      2. Must not exceed 175 feet in total height (including the extension of any communication service device(s)/apparatus);
      3. Lights and/or flashing equipment shall not be permitted unless required by state or federal agencies;
      4. Signage shall not be allowed on the communication service device(s)/apparatus other than danger or warning type signs:
      5. Must provide proof from a professional engineer that the equipment will not interfere with existing communications for public safety purposes;
      6. Shall be located and have an exterior finish that minimizes visibility off-site to the maximum extent possible;
      7. Applicable provisions of this code of ordinances, including the provisions of the State Building Code therein adopted, shall be complied with;
      8. All obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed, the site shall be restored to its original or an improved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site;
      9. The applicant shall submit a plan illustrating all anticipated future location-sites for communication towers and/or communication device(s)/apparatus;
      10. Wireless telecommunication towers and antennas will only be considered for city parks when the following conditions exist and if those areas are recommended by the Parks and Recreation Advisory Board and approved by the City Council:
          1. City parks of sufficient size and character that are adjacent to an existing commercial or industrial use; and
          2. Commercial recreation areas and major play fields used primarily by adults.
      11. All revenue generated through the lease of a city park for wireless telecommunication towers and antennas should be transferred to the Park Reserve Fund.
   2. Towers for commercial wireless telecommunications services shall only be allowed subject to the following conditions:
      1. Shall also operate as a public utility structure;
      2. Shall be located within the public rights-of-way;
      3. Shall be limited to 75 feet in height;
      4. Shall limit the height of antennas and communication service devices to 10 feet beyond the height of the structure;
      5. No setback shall be required when located in the public rights-of-way;
      6. Turf or other materials shall be established in the right-of-way consistent with the materials in the right-of-way at the time of installation;
      7. Lights and/or flashing equipment shall not be permitted unless required by state or federal agencies;
      8. Shall be protected with corrosive resistant material;
      9. Signage shall not be allowed on the tower other than danger or warning type signs;
      10. Must provide proof from a professional engineer that the equipment is not able to be collocated on any existing or approved towers and prove that the planned tower will not interfere with existing communications for public safety purposes;
      11. Must be built to accommodate antennas being placed at varying heights on the tower;
      12. Existing vegetation on the site shall be preserved to the maximum extent possible;
      13. Shall be surrounded by a security fence 6 feet in height with a lockable gate;
      14. Shall have an exterior finish that minimizes visibility off-site to the greatest extent possible;
      15. Applicable provisions of this code of ordinances, including the provisions of the State Building Code therein adopted, shall be complied with;
      16. No tower shall be permitted unless the equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within one-half mile search radius of the proposed tower for any of the following reasons:
          1. The necessary equipment would exceed the structural capacity of the existing or approved tower or building and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost, as certified by a qualified, licensed professional engineer;
          2. The necessary equipment would cause interference as to significantly impact the usability of other existing or planned equipment at the tower, structure, or building and the interference cannot be prevented at a reasonable cost, as certified by a qualified, licensed structural engineer;
          3. Existing or approved towers and buildings within the one-half mile search radius cannot or will not accommodate the planned equipment at a height necessary to function reasonably, as certified by a qualified, licensed professional engineer; or
          4. The applicant, after a good faith effort, is unable to lease space on an existing or approved tower or building.
      17. All obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed, the site shall be restored to its original or an improved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site; and
      18. The applicant shall submit a plan illustrating anticipated sites for future location for communication towers and/or communication device(s)/apparatus.
5. Design standards. Except as otherwise provided above, design standards in the Planned Residential District shall be as found in § 151.034, Urban Residential Zone (R-1B).

(2013 Code, § 11.33)  (Ord. 563, passed 11-25-1999; Ord. 704, passed 5-27-2004; Ord. 793, passed 3-27-2008; Ord. 741, passed 12-1-2005; Ord. 813, passed 2-26-2009;)

1. Purpose. The purpose of the Multiple-Family Zone is to provide an area which will allow 8 and one-one hundredth to 12 multiple-family dwelling units per acre, and also provide a transitional zone between single-family residential areas, medium-density residential areas, and other land uses.
2. Permitted uses; specific conditions.
   1. Utility service structures, subject to the following requirements:
      1. Shall not be a water tower or electrical substation or a building constructed to house sanitary lift station controls;
      2. Shall be 20 feet or less in height;
      3. May be used only to provide weather protection for utility equipment;
      4. Shall be designed, placed, and landscaped as necessary to assure that it blends with the neighboring uses, and is unobtrusive; and
      5. Shall comply with all applicable design standards.
3. Conditional uses; specific conditions.
   1. Adult day care center as conditional use, subject to the following conditions. The adult day care centers shall:
      1. Serve 13 or more persons;
      2. Provide proof of an adequate water and sewer system if not served by municipal utilities;
      3. Have outdoor leisure/recreation areas located and designed to minimize visual and noise impacts on adjacent areas;
      4. The total indoor space available for use by participants must equal at least 40 square feet for each day care participant and each day care staff member present at the center. When a center is located in a multi-functional organization, the center may share a common space with the multi-functional organization if the required space available for use by participants is maintained while the center is operating.
         1. In determining the square footage of usable indoor space available, a center must not count:
         2. Hallways, stairways, closets, offices, restrooms, and utility and storage areas;
         3. More than 25% of the space occupied by the furniture or equipment used by participants or staff; or
         4. In a multi-functional organization, any space occupied by persons associated with the multi-functional organization while participants are using common space.
      5. Provide proof of state, federal, and other governmental licensing agency approval; and
      6. Comply with all other state licensing requirements.
4. Permitted accessory uses; specific conditions.
   1. Communication service apparatus/device(s) as permitted accessory uses, subject to the following conditions:
      1. Shall be co-located on an existing tower or an existing structure;
      2. Must not exceed 175 feet in total height (including the extension of any communication service device(s) apparatus);
      3. Lights and/or flashing equipment shall not be permitted unless required by state or federal agencies;
      4. Signage shall not be allowed on the communication service device(s)/apparatus other than danger or warning type signs;
      5. Must provide proof from a professional engineer that the equipment will not interfere with existing communications for public safety purposes;
      6. Shall be located and have an exterior finish that minimizes visibility off-site to the maximum extent possible;
      7. Applicable provisions of this code of ordinances, including the provisions of the State Building Code therein adopted, shall be complied with;
      8. All obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed, the site shall be restored to its original or an approved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site;
      9. The applicant shall submit a plan illustrating all anticipated future location-sites for communication towers and/or communication devices(s)/apparatus;
      10. Wireless telecommunication towers and antennas will only be considered for city parks when the following conditions exist and if those areas are recommended by the Parks and Recreation Advisory Board and approved by the City Council:
          1. City parks of sufficient size and character that are adjacent to an existing commercial or industrial use; and
          2. Commercial recreation areas and major play fields used primarily by adults.
      11. All revenue generated through the lease of a city park for wireless telecommunication towers and antennas should be transferred to the Park Reserve Fund.
   2. Towers for commercial wireless telecommunications services shall only be allowed subject to the following conditions:
      1. Shall also operate as a public utility structure;
      2. Shall be located within the public rights-of-way;
      3. Shall be limited to 75 feet in height;
      4. Shall limit the height of antennas and communication service devices to 10 feet beyond the height of the structure;
      5. No setback shall be required when located in the public rights-of-way;
      6. Turf or other materials shall be established in the right-of-way consistent with the materials in the right-of-way at the time of installation;
      7. Lights and/or flashing equipment shall not be permitted unless required by state or federal agencies;
      8. Shall be protected with corrosive resistant material;
      9. Signage shall not be allowed on the tower other than danger or warning type signs;
      10. Must provide proof from a professional engineer that the equipment is not able to be collocated on any existing or approved towers and prove that the planned tower will not interfere with existing communications for public safety purposes;
      11. Must be built to accommodate antennas being placed at varying heights on the tower;
      12. Existing vegetation on the site shall be preserved to the maximum extent possible;
      13. Shall be surrounded by a security fence 6 feet in height with a lockable gate;
      14. Shall have an exterior finish that minimizes visibility off-site to the greatest extent possible;
      15. Applicable provisions of this code of ordinances, including the provisions of the State Building Code therein adopted, shall be complied with;
      16. No tower shall be permitted unless the equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within one-half mile search radius of the proposed tower for any of the following reasons:
          1. The necessary equipment would exceed the structural capacity of the existing or approved tower or building and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost, as certified by a qualified, licensed professional engineer;
          2. The necessary equipment would cause interference as to significantly impact the usability of other existing or planned equipment at the tower, structure, or building and the interference cannot be prevented at a reasonable cost, as certified by a qualified, licensed structural engineer;
          3. Existing or approved towers and buildings within the one-half mile search radius cannot or will not accommodate the planned equipment at a height necessary to function reasonably, as certified by a qualified, licensed professional engineer; or
          4. The applicant, after a good faith effort, is unable to lease space on an existing or approved tower or building.
      17. All obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed, the site shall be restored to its original or an improved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site; and
      18. The applicant shall submit a plan illustrating anticipated sites for future location for communication towers and/or communication device(s)/apparatus.
5. Design standards. Within the Multiple-Family Residential Zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following requirements:
   1. Density.
      1. Generally. A minimum of 8.01 and a maximum of 12 dwellings per acre. Streets shall be excluded in calculating acreage; and
      2. Density bonuses in Planned Unit Developments (PUDs). In the event that a proposed PUD in the R-3 Zone exceeds the requirements for parking or open space, the City Council may grant a density bonus of up to 2 dwelling units per acre to allow a density of up to 14 dwelling units per acre.
   2. Maximum impervious surface percentage: 60%;
   3. Lot specifications.
      1. Minimum lot size: One acre;
      2. Minimum lot width: 150 feet; and
      3. Minimum lot depth: 200 feet.
      4. Minimum front yard setback: 50 feet;
      5. Minimum side yard setback: One-half of building height or 15 feet, whichever is greater. All multiple-family residential structures 30 feet or greater in height shall be setback a minimum of 4 times the height of the structure from the nearest Low-Density Residential (R-1A), Urban Residential (R-1B), Old Shakopee Residential (R-1C), Medium-Density Residential (R-2), or Multiple-Family Residential (R-3) Zone line; and
      6. Minimum rear yard setback: 40 feet.
   4. Maximum height: No structure shall exceed 35 feet in height without a conditional use permit; and
   5. Open space: A multiple-family dwelling project shall provide at least 15% of the project area as open space, as that term is defined in § 151.048(E)(2).
6. Additional requirements.
   1. Dwellings shall have a depth of at least 20 feet for at least 50% of their width. All dwellings shall have a width of at least 20 feet for at least 50% of their depth.
   2. All dwellings shall have a permanent foundation in conformance with the State Building Code.

(2013 Code, § 11.34)  (Ord. 31, passed 10-25-1979; Ord. 60, passed 5-14-1981; Ord. 96, passed 11-11-1982; Ord. 159, passed 2-28-1985; Ord. 203, passed 7-10-1986; Ord. 246, passed 6-17-1988; Ord. 264, passed 5-26-1989; Ord. 377, passed 7-7-1994; Ord. 435, passed 11-30-1995; Ord. 479, passed 3-13-1997; Ord. 482, passed 5-15-1997; Ord. 496, passed 8-21-1997; Ord. 501, passed 9-18-1997; Ord. 528, passed 10-29-1998; Ord. 563, passed 11-25-1999; Ord. 603, passed 8-2-2001; Ord. 741, passed 12-1-2005; Ord. 793, passed 3-27-2008; Ord. 813, passed 2-26-2009; Ord. 903, passed 3-17-2015;)

1. Purpose. The purpose of the Neighborhood Commercial Zone is to provide areas for the development of low-intensity, service-oriented uses for surrounding the immediate residential areas. Immediate residential areas are understood to be those that are generally within five-minutes walking distance of a neighborhood commercial area.
2. Permitted uses; specific conditions.
   1. Uses having a drive-up or drive-through window, subject to the following requirements:
      1. Shall be screened to a height of 6 feet from any adjacent residential zone;
      2. Shall not have a public address system which is audible from any residential property;
      3. Shall provide stacking for at least 6 vehicles per aisle. The required stacking shall not interfere with internal circulation patterns or with designated parking facilities, and shall not be located in any public right-of-way, private access easement, or within the required parking setback; and
      4. Trash receptacles, including, but not limited to, dumpsters, shall be stored in fully enclosed areas, including the top. The enclosed areas shall be constructed of similar and/or complementary materials to the principal structure and meet the standards of this code of ordinances.
3. Uses permitted with a conditional use permit; specific conditions.
4. Permitted accessory uses; specific conditions.
   1. Communication service apparatus/devices(s) as permitted accessory uses, subject to the following conditions:
      1. Shall be co-located on an existing tower or an existing structure;
      2. Must not exceed 175 feet in total height (including the extension of any communication service device(s)/apparatus;
      3. Lights and/or flashing equipment shall not be permitted unless required by state or federal agencies;
      4. Signage shall not be allowed on the communication service device(s)/apparatus other than danger or warning type signs;
      5. Must provide proof from a professional engineer that the equipment will not interfere with existing communications for public safety purposes;
      6. Shall be located and have an exterior finish that minimizes visibility off-site to the maximum extent possible;
      7. Applicable provisions of this code of ordinances, including the provisions of the State Building Code therein adopted, shall be complied with;
      8. All obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed, the site shall be restored to its original or an improved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site;
      9. The applicant shall submit a plan illustrating all anticipated future location sites for communication towers and/or communication device(s)/apparatus;
      10. Wireless telecommunication towers and antennas will only be considered for city parks when the following conditions exist and if those areas are recommended by the Parks and Recreation Advisory Board and approved by the City Council:
          1. City parks of sufficient size and character that are adjacent to an existing commercial or industrial use; and
          2. Commercial recreation areas and major play fields used primarily by adults;
      11. All revenue generated through the lease of a city park for wireless telecommunication towers and antennas should be transferred to the Park Reserve Fund.
   2. Towers for commercial wireless telecommunications services shall only be allowed subject to the following conditions:
      1. Shall also operate as a public utility structure;
      2. Shall be located within the public rights-of-way;
      3. Shall be limited to 75 feet in height;
      4. Shall limit the height of antennas and communication service devices to 10 feet beyond the height of the structure;
      5. No setback shall be required when located in the public rights-of-way;
      6. Turf or other materials shall be established in the right-of-way consistent with the materials in the right-of-way at the time of installation;
      7. Lights and/or flashing equipment shall not be permitted unless required by state or federal agencies;
      8. Shall be protected with corrosive resistant material;
      9. Signage shall not be allowed on the tower other than danger or warning type signs;
      10. Must provide proof from a professional engineer that the equipment is not able to be collocated on any existing or approved towers and prove that the planned tower will not interfere with existing communications for public safety purposes;
      11. Must be built to accommodate antennas being placed at varying heights on the tower;
      12. Existing vegetation on the site shall be preserved to the maximum extent possible;
      13. Shall be surrounded by a security fence 6 feet in height with a lockable gate;
      14. Shall have an exterior finish that minimizes visibility off-site to the greatest extent possible;
      15. Applicable provisions of this code of ordinances, including the provisions of the State Building Code therein adopted, shall be complied with;
      16. No tower shall be permitted unless the equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within the one-half mile search radius of the proposed tower for any of the following reasons:
          1. The necessary equipment would exceed the structural capacity of the existing or approved tower or building and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost, as certified by a qualified, licensed professional engineer;
          2. The necessary equipment would cause interference as to significantly impact the usability of other existing or planned equipment at the tower, structure, or building and the interference cannot be prevented at a reasonable cost, as certified by a qualified, licensed structural engineer;
          3. Existing or approved towers and buildings within the one-half mile search radius cannot or will not accommodate the planned equipment at a height necessary to function reasonably, as certified by a qualified, licensed professional engineer; or
          4. The applicant, after a good faith effort, is unable to lease space on an existing or approved tower or building.
      17. All obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed, the site shall be restored to its original or an improved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site; and
      18. The applicant shall submit a plan illustrating anticipated sites for future location for communication towers and/or the communication device(s)/apparatus.
5. Design standards.
   1. Minimum lot area: One acre;
   2. Maximum impervious surface coverage: 75%;
   3. Lot specifications.
      1. Minimum lot width: 100 feet;
      2. Building setbacks.
         1. Minimum front yard setback: 30 feet;
         2. Minimum side yard setback: 20 feet;
         3. Minimum rear yard setback: 30 feet;
         4. Minimum side or rear yard setback from residential zone: 50 feet; and
         5. Maximum height: 35 feet.
      3. Dumpsters, trash handling equipment, and the like. Dumpsters, trash handling equipment, and recycling equipment shall be stored within the principal structure, or within a fully enclosed accessory structure constructed of the same materials as the principal structure;
      4. Exterior lighting. Exterior lighting fixtures shall be of downcast, cut-off type; and
      5. Parking or drive aisle setbacks.
         1. Minimum side yard setback: 10 feet;
         2. Minimum rear yard setback: 10 feet; and
         3. Minimum side or rear yard setback from residential zone: 20 feet.
6. Construction materials. In the Neighborhood Commercial Zone, only the following materials may be used for the exterior finish of any principal or accessory building: face brick; stone; glass; decorative concrete block; architecturally treated concrete; cast in place or precast concrete; stucco; and materials substantially similar to these as determined by the Board of Adjustment and Appeals. Steel, aluminum, copper, or other high quality, durable metal, and wood may be used, but only as an accent, trim, or frame, and not as siding for a substantial portion of any building facade.

(2013 Code, § 11.35)  (Ord. 563, passed 11-25-1999; Ord. 741, passed 12-1-2005; Ord. 813, passed 2-26-2009; Ord. 877, passed 12-3-2013; Ord. 915, passed 9-1-2015;)

1. Purpose. The purpose of the Highway Business Zone is to provide an area for business uses fronting on or with immediate access to arterial and collector streets.
2. Permitted uses; specific conditions.
   1. Utility service structures, subject to the following requirements:
      1. Shall not be a water tower or electrical substation or a building constructed to house sanitary lift station controls;
      2. Shall be 20 feet or less in height;
      3. May be used only to provide weather protection for utility equipment;
      4. Shall be designed, placed, and landscaped as necessary to assure that it blends with the neighboring uses, and is unobtrusive; and
      5. Shall comply with all applicable design standards.
   2. Dwellings when combined in the same structure with another permitted use within the Highway Business Zone (B-1) along the County Road 69/State Highway 101/First Avenue corridor west of County Road 17/Marschall Road and east of Webster Street or a line running northwesterly along the eastern boundary of the Webster Street right-of-way.
   3. Uses having a drive-up or drive-through window, subject to the following requirements:
      1. Shall be screened to a height of 6 feet from any adjacent residential zone;
      2. Shall not have a public address system which is audible from any residential property;
      3. Shall provide stacking for at least 6 vehicles per aisle. The required stacking shall not interfere with internal circulation patterns or with designated parking facilities, and shall not be located in any public right-of-way, private access easement, or within the required parking setback; and
      4. Trash receptacles, including, but not limited to, dumpsters, shall be stored in fully enclosed areas, including the top. The enclosed areas shall be constructed of similar and/or complementary materials to the principal structure and meet the standards of this code of ordinances.
3. Conditional uses; specific conditions.
   1. Adult day care centers as conditional use, subject to the following conditions: The adult day care centers shall:
      1. Serve 13 or more persons;
      2. Provide proof of an adequate water and sewer system if not served by municipal utilities;
      3. Have outdoor leisure/recreation areas located and designed to minimize visual and noise impacts on adjacent areas;
      4. The total indoor space available for use by participants must equal at least 40 square feet for each day care participant and each day care staff member present at the center. When a center is located in a multi-functional organization, the center may share a common space with the multi-functional organization if the required space available for use by participants is maintained while the center is operating.
         1. In determining the square footage of usable indoor space available, a center must not count:
         2. Hallways, stairways, closets, offices, restrooms, and utility and storage areas;
         3. More than 25% of the space occupied by the furniture or equipment used by participants or staff; or
         4. In a multi-functional organization, any space occupied by persons associated with the multi-functional organization while participants are using common space.
      5. Provide proof of state, federal, and other governmental licensing agency approval; and
      6. Comply with all other state licensing requirements.
   2. Landscape services and contractors on properties adjacent to the CSAH 69 right- of-way in the area bounded on the north by the southernmost railroad bridge over CSAH 69 and the south by the intersection of 10th Avenue West and CSAH 69.
4. Planned unit development uses; specific conditions.
   1. Retail centers.
5. Permitted accessory uses; specific conditions.
   1. Communication service apparatus/device(s) as permitted accessory uses, subject to the following conditions:
      1. Shall be co-located on an existing tower or an existing structure;
      2. Must not exceed 175 feet in total height (including the extension of any communication service device(s) apparatus);
      3. Lights and/or flashing equipment shall not be permitted unless required by state or federal agencies;
      4. Signage shall not be allowed on the communication service device(s)/apparatus other than danger or warning type signs;
      5. Must provide proof from a professional engineer that the equipment will not interfere with existing communications for public safety purposes;
      6. Shall be located and have an exterior finish that minimizes visibility off-site to the maximum extent possible;
      7. Applicable provisions of this code of ordinances, including the provisions of the State Building Code therein adopted, shall be complied with;
      8. All obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed, the site shall be restored to its original or an approved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site;
      9. The applicant shall submit a plan illustrating all anticipated future location sites for communication towers and/or communication devices(s)/ apparatus;
      10. Wireless telecommunication towers and antennas will only be considered for city parks when the following conditions exist and if those areas are recommended by the Parks and Recreation Advisory Board and approved by the City Council:
          1. City parks of sufficient size and character that are adjacent to an existing commercial or industrial use; and
          2. Commercial recreation areas and major play fields used primarily by adults.
      11. All revenue generated through the lease of a city park for wireless telecommunication towers and antennas should be transferred to the Park Reserve Fund.
   2. Temporary, seasonal sales of farm produced items such as fruits, vegetables, and Christmas trees with prior review and written approval from the Zoning Administrator or his or her designee, subject to the following conditions:
      1. Only 2 permits shall be allowed per year, per site. These permits shall not be issued within 3 months of each other if issued to the same organization/user;
      2. Property owner’s signature is required;
      3. Operation of the seasonal sale shall not exceed 90 calendar days in length;
      4. The seasonal sales use must meet parking setbacks established by this code of ordinances;
      5. Seasonal sales use cannot inhabit any parking spaces required to meet the needs of the primary use on-site;
      6. Shall provide one off-street customer parking space for each 250 square feet of seasonal sales display area;
      7. Shall submit a scalable drawing of the proposed site showing the dimensions of the area to be used for seasonal sales, the proximity to buildings, parking lots, right-of-way, or other such area, a description of any structure, implement, stand, display, prop, or other such items intended to be used for the sale of the seasonal items;
      8. Signage is not approved as part of the seasonal sales permit. All signage must comply with the sign regulations of this chapter (see §§ 151.185 through 151.197);
      9. Application for seasonal sales permits shall be made not less than 10 business days prior to the date(s) for which the activity is scheduled and no more than 90 days prior to the proposed commencement of activity;
      10. If the applicant is aggrieved by the decision made by city staff, they may file an appeal to the BOAA of the staff’s determination within 10 days of staff’s decision. Furthermore, if the applicant is aggrieved by the decision of the BOAA, within 10 days of the BOAA decision, an appeal may be filed with the City Council. The City Council’s determination shall be final. The appeal shall be in accordance with the approved procedures and fees adopted by the City Council;
      11. Staff may waive the fee for a seasonal sales permit application where the entire proceeds from the operation are given to charity or used for charitable purposes or are a fundraising effort for nonprofit groups. Documentation of nonprofit status shall be provided to the city prior to the approval of a fee waiver;
      12. Seasonal sales permits shall require annual review. Approvals are not carried from year to year;
      13. Shall not impair traffic visibility and should not be located in the r-o-w or the sight triangle, as calculated by this code of ordinances;
      14. The seasonal sales use shall not impair the normal, safe, and effective operation of the permanent use on the same site; and
      15. The city reserves the right under this chapter to shutdown a temporary/seasonal sales operation even after the granting of an approval if the operation is posing safety concerns, has become a nuisance, or has violated any requirement of this section or other provision of this code of ordinances.
   3. Towers for commercial wireless telecommunications services shall only be allowed subject to the following conditions:
      1. Shall also operate as a public utility structure;
      2. Shall be located within the public rights-of-way;
      3. Shall be limited to 75 feet in height;
      4. Shall limit the height of antennas and communication service devices to 10 feet beyond the height of the structure;
      5. No setback shall be required when located in the public rights-of-way;
      6. Turf or other materials shall be established in the right-of-way consistent with the materials in the right-of-way at the time of installation;
      7. Lights and/or flashing equipment shall not be permitted unless required by state or federal agencies;
      8. Shall be protected with corrosive resistant material;
      9. Signage shall not be allowed on the tower other than danger or warning type signs;
      10. Must provide proof from a professional engineer that the equipment is not able to be collocated on any existing or approved towers and prove that the planned tower will not interfere with existing communications for public safety purposes;
      11. Must be built to accommodate antennas being placed at varying heights on the tower;
      12. Existing vegetation on the site shall be preserved to the maximum extent possible;
      13. Shall be surrounded by a security fence 6 feet in height with a lockable gate;
      14. Shall have an exterior finish that minimizes visibility off-site to the greatest extent possible;
      15. Applicable provisions of this code of ordinances, including the provisions of the State Building Code therein adopted, shall be complied with;
      16. No tower shall be permitted unless the equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within the one-half mile search radius of the proposed tower for any of the following reasons:
          1. The necessary equipment would exceed the structural capacity of the existing or approved tower or building and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost, as certified by a qualified, licensed professional engineer;
          2. The necessary equipment would cause interference as to significantly impact the usability of other existing or planned equipment at the tower, structure, or building and the interference cannot be prevented at a reasonable cost, as certified by a qualified, licensed structural engineer;
          3. Existing or approved towers and buildings within the one-half mile search radius cannot or will not accommodate the planned equipment at a height necessary to function reasonably, as certified by a qualified, licensed professional engineer; or
          4. The applicant, after a good faith effort, is unable to lease space on an existing or approved tower or building.
      17. All obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city.
          1. After the facilities are removed, the site shall be restored to its original or an improved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site.
      18. The applicant shall submit a plan illustrating anticipated sites for future location for communication towers and/or communication device(s)/apparatus.
6. Design standards. Within the Highway Business Zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements:
   1. Minimum lot size (new lots): One acre;
   2. Maximum impervious surface percentage: 75%;
   3. Lot specifications.
      1. Minimum lot width (new lots): 100 feet;
      2. Existing lots: 60 feet;
      3. Minimum front yard setback: 30 feet;
      4. Minimum side yard setback: 20 feet;
      5. Minimum rear yard setback: 30 feet; and
      6. Minimum side or rear yard setback from residential zones: 75 feet.
   4. Maximum height: 45 feet without a conditional use permit.

(2013 Code, § 11.36)  (Ord. 31, passed 10-25-1979; Ord. 150, passed 10-4-1984; Ord. 158, passed 1-31-1985; Ord. 159, passed 2-28-1985; Ord. 246, passed 6-17-1988; Ord. 264, passed 5-26-1989; Ord. 275, passed 9-22-1989; Ord. 279, passed 12-1-1989; Ord. 292, passed 9-7-1990; Ord. 320, passed 10-31-1991; Ord. 377, passed 7-7-1994; Ord. 434, passed 11-30-1995; Ord. 479, passed 3-13-1997; Ord. 482, passed 5-15-1997; Ord. 485, passed 6-12-1997; Ord. 525, passed 12-31-1998; Ord. 528, passed 10-29-1998; Ord. 546, passed 5-6-1999; Ord. 554, passed 7-6-1999; Ord. 563, passed 11-25-1999; Ord. 700, passed 5-6-2004; Ord. 708, passed 7-29-2004; Ord. 724, passed 2-10-2005; Ord. 736, passed 9-8-2005; Ord. 741, passed 12-1-2005; Ord. 813, passed 2-26-2009; Ord. 830, passed 2-25- 2010; Ord. 865, passed 3-5-2013; Ord. 876, passed 11-9-2013; Ord. 877, passed 12-3-2013; Ord. 903, passed 3-17-2015; Ord. 912, passed 9-1-2015; Ord. 915, passed 9-1-2015; Ord. 956, passed 2-21-2017; Ord. 959, passed 3-21-2017;)

1. Purpose. The purposes of the Community Commercial Zone are:
   1. To provide areas that allow the concentration of general commercial development for the convenience of city residents and the greater city trade area;
   2. To provide space for larger community facilities and institutions that may be appropriately located in commercial areas; and
   3. To provide adequate space to meet the parking spaces, loading, and traffic management needs of larger scale commercial development.
2. Permitted uses; specific conditions.
   1. Uses having a drive-up or drive-through window, subject to the following requirements:
      1. Shall be screened to a height of 6 feet from any adjacent residential zone;
      2. Shall not have a public address system which is audible from any residential property;
      3. Shall provide stacking for at least 6 vehicles per aisle. The required stacking shall not interfere with internal circulation patterns or with designated parking facilities, and shall not be located in any public right-of-way, private access easement, or within the required parking setback; and
      4. Trash receptacles, including, but not limited to, dumpsters, shall be stored in fully enclosed areas, including the top. The enclosed areas shall be constructed of similar and/or complementary materials to the principal structure and meet the standards of this code of ordinances.
3. Uses Permitted with a conditional use permit; specific conditions.
4. Uses permitted by PUD.
   1. Retail centers; and
   2. Multiple-family dwellings.
5. Permitted accessory uses; specific conditions.
   1. Communication service apparatus/devices(s) as permitted accessory uses, subject to the following conditions:
      1. Shall be co-located on an existing tower or an existing structure;
      2. Must not exceed 175 feet in total height (including the extension of any communication service device(s)/apparatus;
      3. Lights and/or flashing equipment shall not be permitted unless required by state or federal agencies;
      4. Signage shall not be allowed on the communication service device(s)/apparatus other than danger or warning type signs:
      5. Must provide proof from a professional engineer that the equipment will not interfere with existing communications for public safety purposes;
      6. Shall be located and have an exterior finish that minimizes visibility off-site to the maximum extent possible;
      7. Applicable provisions of this code of ordinances, including the provisions of the State Building Code therein adopted, shall be complied with;
      8. All obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed, the site shall be restored to its original or an improved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site;
      9. The applicant shall submit a plan illustrating all anticipated future location sites for communication towers and/or communication device(s)/apparatus;
      10. Wireless telecommunication towers and antennas will only be considered for city parks when the following conditions exist and if those areas are recommended by the Parks and Recreation Advisory Board and approved by the City Council:
          1. City parks of sufficient size and character that are adjacent to an existing commercial or industrial use; and
          2. Commercial recreation areas and major play fields used primarily by adults.
      11. All revenue generated through the lease of a city park for wireless telecommunication towers and antennas should be transferred to the Park Reserve Fund.
   2. Towers for commercial wireless telecommunications services shall only be allowed subject to the following conditions:
      1. Shall also operate as a public utility structure;
      2. Shall be located within the public rights-of-way;
      3. Shall be limited to 75 feet in height;
      4. Shall limit the height of antennas and communication service devices to 10 feet beyond the height of the structure;
      5. No setback shall be required when located in the public rights-of-way;
      6. Turf or other materials shall be established in the right-of-way consistent with the materials in the right-of-way at the time of installation;
      7. Lights and/or flashing equipment shall not be permitted unless required by state or federal agencies;
      8. Shall be protected with corrosive resistant material;
      9. Signage shall not be allowed on the tower other than danger or warning type signs;
      10. Must provide proof from a professional engineer that the equipment is not able to be collocated on any existing or approved towers and prove that the planned tower will not interfere with existing communications for public safety purposes;
      11. Must be built to accommodate antennas being placed at varying heights on the tower;
      12. Existing vegetation on the site shall be preserved to the maximum extent possible;
      13. Shall be surrounded by a security fence 6 feet in height with a lockable gate;
      14. Shall have an exterior finish that minimizes visibility off-site to the greatest extent possible;
      15. Applicable provisions of this code of ordinances, including the provisions of the State Building Code therein adopted, shall be complied with;
      16. No tower shall be permitted unless the equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within the one-half mile search radius of the proposed tower for any of the following reasons:
          1. The necessary equipment would exceed the structural capacity of the existing or approved tower or building and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost, as certified by a qualified, licensed professional engineer;
          2. The necessary equipment would cause interference as to significantly impact the usability of other existing or planned equipment at the tower, structure, or building and the interference cannot be prevented at a reasonable cost, as certified by a qualified, licensed structural engineer;
          3. Existing or approved towers and buildings within the one-half mile search radius cannot or will not accommodate the planned equipment at a height necessary to function reasonably, as certified by a qualified, licensed professional engineer; or
          4. The applicant, after a good faith effort, is unable to lease space on an existing or approved tower or building.
      17. All obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed, the site shall be restored to its original or an improved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site;
      18. The applicant shall submit a plan illustrating anticipated sites for future location for communication towers and/or communication device(s)/apparatus; and
6. Design standards.
   1. Minimum lot area: One acre;
   2. Maximum impervious surface coverage: 75%;
   3. Lot specifications.
      1. Minimum lot width: 100 feet;
      2. Building setbacks:
         1. Minimum front yard setback: 50 feet;
         2. Minimum side yard setback: 20 feet;
         3. Minimum rear yard setback: 50 feet;
         4. Minimum side or rear yard setback from residential zone: 100 feet; and
         5. Maximum height: 35 feet;
      3. Dumpsters, trash handling equipment, and the like. Dumpsters, trash handling equipment, and recycling equipment shall be stored within the principal structure, or within a fully enclosed accessory structure constructed of the same materials as the principal structure;
      4. Exterior lighting fixtures. Exterior lighting fixtures shall be of downcast, cut-off type; and
      5. Parking or drive aisle setbacks.
         1. Minimum side yard setback: 20 feet;
         2. Minimum rear yard setback: 20 feet; and
         3. Minimum side or rear yard setback from residential zone: 100 feet.
7. Construction materials. In the Community Commercial Zone, only the following materials may be used for the exterior finish of any principal or accessory building: face brick; stone; glass; decorative concrete block; architecturally treated concrete; cast in place or precast concrete; stucco; and materials substantially similar to these as determined by the Board of Adjustment and Appeals. Steel, aluminum, copper, or other high quality, durable metal, and wood may be used, but only as an accent, trim, or frame, and not as siding for a substantial portion of any building facade.

(2013 Code, § 11.37)  (Ord. 563, passed 11-25-1999; Ord. 741, passed 12-1-2005; Ord. 813, passed 2-26-2009; Ord. 877, passed 12-3-2013; Ord. 915, passed 9-1-2015;)

1. Purpose. The purpose of the Office Business Zone is to provide an area for offices and related service uses, in an area where general retail is excluded. The Zone is intended for areas identified in the comprehensive plan for office use or for transitional areas between residential and more intense uses.
2. Permitted uses; specific conditions.
   1. Utility service structures, subject to the following requirements;
      1. Shall not be a water tower or electrical substation or a building constructed to house sanitary lift station controls;
      2. Shall be 20 feet or less in height;
      3. May be used only to provide weather protection for utility equipment;
      4. Shall be designed, placed, and landscaped as necessary to assure that it blends with the neighboring uses, and is unobtrusive; and
      5. Shall comply with all applicable design standards.
3. Conditional uses; specific conditions.
   1. Adult day care centers as conditional use, subject to the following conditions. The adult day care centers shall:
      1. Serve 13 or more persons;
      2. Provide proof of an adequate water and sewer system if not served by municipal utilities;
      3. Have outdoor leisure/recreation areas located and designed to minimize visual and noise impacts on adjacent areas;
      4. The total indoor space available for use by participants must equal at least 40 square feet for each day care participant and each day care staff member present at the center. When a center is located in a multi-functional organization, the center may share a common space with the multi-functional organization if the required space available for use by participants is maintained while the center is operating.
         1. In determining the square footage of usable indoor space available, a center must not count:
         2. Hallways, stairways, closets, offices, restrooms, and utility and storage areas;
         3. More than 25% of the space occupied by the furniture or equipment used by participants or staff; or
         4. In a multi-functional organization, any space occupied by persons associated with the multi-functional organization while participants are using common space.
      5. Provide proof of state, federal, and other governmental licensing agency approval; and
      6. Comply with all other state licensing requirements.
4. Permitted accessory uses; specific conditions.
   1. Communication service apparatus/device(s) as permitted accessory uses, subject to the following conditions:
      1. Shall be co-located on an existing tower or an existing structure;
      2. Must not exceed 175 feet in total height (including the extension of any communication service device(s) apparatus);
      3. Lights and/or flashing equipment shall not be permitted unless required by state or federal agencies;
      4. Signage shall not be allowed on the communication service device(s)/apparatus other than danger or warning type signs;
      5. Must provide proof from a professional engineer that the equipment will not interfere with existing communications for public safety purposes;
      6. Shall be located and have an exterior finish that minimizes visibility off-site to the maximum extent possible;
      7. Applicable provisions of this code of ordinances, including the provisions of the State Building Code therein adopted, shall be complied with;
      8. All obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed, the site shall be restored to its original or an approved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site;
      9. The applicant shall submit a plan illustrating all anticipated future location sites for communication towers and/or communication devices(s)/apparatus;
      10. Wireless telecommunication towers and antennas will only be considered for city parks when the following conditions exist and if those areas are recommended by the Parks and Recreation Advisory Board and approved by the City Council:
          1. City parks of sufficient size and character that are adjacent to an existing commercial or industrial use; and
          2. Commercial recreation areas and major play fields used primarily by adults.
      11. All revenue generated through the lease of a city park for wireless telecommunication towers and antennas should be transferred to the Park Reserve Fund.
   2. Towers for commercial wireless telecommunications services shall only be allowed subject to the following conditions:
      1. Shall also operate as a public utility structure;
      2. Shall be located within the public rights-of-way;
      3. Shall be limited to 75 feet in height;
      4. Shall limit the height of antennas and communication service devices to 10 feet beyond the height of the structure;
      5. No setback shall be required when located in the public rights-of-way;
      6. Turf or other materials shall be established in the right-of-way consistent with the materials in the right-of-way at the time of installation;
      7. Lights and/or flashing equipment shall not be permitted unless required by state or federal agencies;
      8. Shall be protected with corrosive resistant material;
      9. Signage shall not be allowed on the tower other than danger or warning type signs;
      10. Must provide proof from a professional engineer that the equipment is not able to be collocated on any existing or approved towers and prove that the planned tower will not interfere with existing communications for public safety purposes;
      11. Must be built to accommodate antennas being placed at varying heights on the tower;
      12. Existing vegetation on the site shall be preserved to the maximum extent possible;
      13. Shall be surrounded by a security fence 6 feet in height with a lockable gate;
      14. Shall have an exterior finish that minimizes visibility off-site to the greatest extent possible;
      15. Applicable provisions of this code of ordinances, including the provisions of the State Building Code therein adopted, shall be complied with;
      16. No tower shall be permitted unless the equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within the one-half mile search radius of the proposed tower for any of the following reasons:
          1. The necessary equipment would exceed the structural capacity of the existing or approved tower or building and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost, as certified by a qualified, licensed professional engineer;
          2. The necessary equipment would cause interference as to significantly impact the usability of other existing or planned equipment at the tower, structure, or building and the interference cannot be prevented at a reasonable cost, as certified by a qualified, licensed structural engineer;
          3. Existing or approved towers and buildings within the one-half mile search radius cannot or will not accommodate the planned equipment at a height necessary to function reasonably, as certified by a qualified, licensed professional engineer; or
          4. The applicant, after a good faith effort, is unable to lease space on an existing or approved tower or building.
      17. All obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed, the site shall be restored to its original or an improved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site; and
      18. The applicant shall submit a plan illustrating anticipated sites for future location for communication towers and/or communication device(s)/apparatus.
5. Design standards. Within the Office Business Zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements:
   1. Density.
      1. Minimum lot area: one acre; and
      2. Maximum floor area ratio: .50.
   2. Maximum impervious surface percentage: 75%;
   3. Lot specifications.
      1. Minimum lot width: 100 feet;
      2. Minimum front yard setback: 30 feet;
      3. Minimum side yard setback: 20 feet;
      4. Minimum rear yard setback: 30 feet; and
      5. Minimum side or rear yard setback from residential zones: 50 feet.
   4. Maximum height: 55 feet without a conditional use permit.

(2013 Code, § 11.38)  (Ord. 377, passed 7-7-1994; Ord. 479, passed 3-13-1997; Ord. 482, passed 5-15-1997; Ord. 528, passed 10-29-1998; Ord. 563, passed 11-25-1999; Ord. 741, passed 12-1-2005; Ord. 813, passed 2-26-2009; Ord. 903, passed 3-17-2015; Ord. 927, passed 1-19-2016;)

1. Purpose. The purpose of the Central Business Zone is to provide a zone which accommodates the unique character of the central business area in terms of land uses and development patterns.
2. Permitted uses; specific conditions.
   1. Utility service structures, subject to the following requirements:
      1. Shall not be a water tower or electrical substation or a building constructed to house sanitary lift station controls;
      2. Shall be 20 feet or less in height;
      3. May be used only to provide weather protection for utility equipment;
      4. Shall be designed, placed, and landscaped as necessary to assure that it blends with the neighboring uses, and is unobtrusive; and
      5. Shall comply with all applicable design standards.
   2. Uses having a drive-up or drive-through window, subject to the following requirements:
      1. Shall be screened to a height of 6 feet from any adjacent residential zone;
      2. Shall not have a public address system which is audible from any residential property;
      3. Shall provide stacking for at least 6 vehicles per aisle. The required stacking shall not interfere with internal circulation patterns or with designated parking facilities, and shall not be located in any public right-of-way, private access easement, or within the required parking setback; and
      4. Trash receptacles, including, but not limited to, dumpsters, shall be stored in fully enclosed areas, including the top. The enclosed areas shall be constructed of similar and/or complementary materials to the principal structure and meet the standards of this code of ordinances.
3. Conditional uses; specific conditions.
   1. Adult day care centers as conditional use, subject to the following conditions: The adult day care centers shall:
      1. Serve 13 or more persons;
      2. Provide proof of an adequate water and sewer system if not served by municipal utilities;
      3. Have outdoor leisure/recreation areas located and designed to minimize visual and noise impacts on adjacent areas;
         1. The total indoor space available for use by participants must equal at least 40 square feet for each day care participant and each day care staff member present at the center. When a center is located in a multi-functional organization, the center may share a common space with the multi-functional organization if the required space available for use by participants is maintained while the center is operating.In determining the square footage of usable indoor space available, a center must not count:
         2. Hallways, stairways, closets, offices, restrooms, and utility and storage areas;
         3. More than 25% of the space occupied by the furniture or equipment used by participants or staff; or
         4. In a multi-functional organization, any space occupied by persons associated with the multi-functional organization while participants are using common space.
      4. Provide proof of state, federal, and other governmental licensing agency approval; and
      5. Comply with all other state licensing requirements.
4. Permitted accessory uses; specific conditions.
   1. Communication service apparatus/device(s) as permitted accessory uses, subject to the following conditions:
      1. Shall be co-located on an existing tower or an existing structure. Any co-located apparatus/device shall not extend more than 2 feet above the facade, parapet, roof, or other portion of any structure. Such co-located apparatus/device shall be designed and located in such a way that its appearance and surface finish minimizes visibility off-site;
      2. Lights and/or flashing equipment shall not be permitted unless required by state or federal agencies;
      3. Signage shall not be allowed on the communication service device(s)/apparatus other than danger or warning type signs;
      4. Must provide proof from a professional engineer that the equipment will not interfere with existing communications for public safety purposes;
      5. Applicable provisions of this code of ordinances, including the provisions of the State Building Code therein adopted, shall be complied with;
      6. All obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city.  After the facilities are removed, the site shall be restored to its original or an approved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site;
      7. The applicant shall submit a plan illustrating all anticipated future location sites for communication towers and/or communication devices(s)/apparatus;
      8. Wireless telecommunication towers and antennas will only be considered for city parks when the following conditions exist and if those areas are recommended by the Parks and Recreation Advisory Board and approved by the City Council:
         1. City parks of sufficient size and character that are adjacent to an existing commercial or industrial use; and
         2. Commercial recreation areas and major play fields used primarily by adults.
      9. All revenue generated through the lease of a city park for wireless telecommunication towers and antennas should be transferred to the Park Reserve Fund.
   2. Towers for commercial wireless telecommunications services shall only be allowed subject to the following conditions:
      1. Shall also operate as a public utility structure;
      2. Shall be located within the public rights-of-way;
      3. Shall be limited to 75 feet in height;
      4. Shall limit the height of antennas and communication service devices to 10 feet beyond the height of the structure;
      5. No setback shall be required when located in the public rights-of-way;
      6. Turf or other materials shall be established in the right-of-way consistent with the materials in the right-of-way at the time of installation;
      7. Lights and/or flashing equipment shall not be permitted unless required by state or federal agencies;
      8. Shall be protected with corrosive resistant material;
      9. Signage shall not be allowed on the tower other than danger or warning type signs;
      10. Must provide proof from a professional engineer that the equipment is not able to be collocated on any existing or approved towers and prove that the planned tower will not interfere with existing communications for public safety purposes;
      11. Must be built to accommodate antennas being placed at varying heights on the tower;
      12. Existing vegetation on the site shall be preserved to the maximum extent possible;
      13. Shall be surrounded by a security fence 6 feet in height with a lockable gate;
      14. Shall have an exterior finish that minimizes visibility off-site to the greatest extent possible;
      15. Applicable provisions of this code of ordinances, including the provisions of the State Building Code therein adopted, shall be complied with;
      16. No tower shall be permitted unless the equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within the one-half mile search radius of the proposed tower for any of the following reasons:
          1. The necessary equipment would exceed the structural capacity of the existing or approved tower or building and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost, as certified by a qualified, licensed professional engineer;
          2. The necessary equipment would cause interference as to significantly impact the usability of other existing or planned equipment at the tower, structure, or building and the interference cannot be prevented at a reasonable cost, as certified by a qualified, licensed structural engineer;
          3. Existing or approved towers and buildings within the one-half mile search radius cannot or will not accommodate the planned equipment at a height necessary to function reasonably, as certified by a qualified, licensed professional engineer; or
          4. The applicant, after a good faith effort, is unable to lease space on an existing or approved tower or building.
      17. All obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed, the site shall be restored to its original or an improved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site; and
      18. The applicant shall submit a plan illustrating anticipated sites for future location for communication towers and/or communication device(s)/apparatus.
   3. Outdoor Cafe is a permitted accessory use solely by special annual license, provided that:
      
      1. Permit and Licensure.
         
         1. A special annual license for an outdoor cafe shall be issued/renewed. The fee for such license shall be established in the city fee schedule and shall be issued by the City Administrator or their appointee only after inspection by the Planning and Development Department.
            
         2. The annual license application for the license must define the physical perimeters for the outdoor cafe area and provide a diagram of the layout, pictures of the proposed furnishings, and the perimeter boundary.
            
         3. If alcoholic beverages, beer and/or wine are proposed to be served in the outdoor cafe area, it is the responsibility of the applicant to amend its liquor license so the licensed premises include the outdoor cafe area.
            
         4. The license application must include the evidence of liability insurance and the hold harmless agreement required by this section.
            
         5. An outdoor cafe is not a permitted accessory use to a residence or a business selling beer, wine, or alcoholic beverages which does not have and on-sale license.
            
         6. Permits are good for the year that they are applied in and must be resubmitted on an annual basis.
            
      2. Functional Requirements
         
         1. Existing and/or proposed principal use shall conform to existing city zoning regulations.
            
         2. The outdoor cafe area shall be limited to the public right-of-way or plaza abutting the front and/or one side of the permitted use when on a corner.
            
         3. Minimum clear sidewalk passage zone for pedestrians at the perimeter of the outdoor cafe area shall be at least five feet without interference from parked motor vehicles, bollards, trees, tree grates, curbs, stairways, trash receptacles, street lights, street signs, bike racks, etc.
            
         4. Overstory canopy of tree and umbrellas extending into the pedestrian clear passage zone or pedestrian aisle shall have a minimum clearance of seven feet above the sidewalk.
            
         5. A minimum of 36 inches shall be provided within aisles of the outdoor cafe area for service if there are multiple rows.
            
         6. Furniture shall be movable to allow for seasonal changes.
            
         7. If alcoholic beverages, beer, and/or wine are to be served, patrons must be seated and be served by a server from the establishment to ensure that beverages may not leave the licensed area and that patrons are of legal drinking age. It is the sole responsibility of the permittee to ensure these rules are met to preserve its liquor license and outdoor cafe permit.
            
         8. No storage of furniture on sidewalks or rights-of-way shall be allowed between November 1 and the following March 31.
            
         9. No outside bare, cooking facility, food preparation or holding area, or wait station shall be established on the outdoor cafe area.
            
         10. Lighting is not permitted.
             
         11. Any electronically amplified outdoor music, intercom, audio speakers, or other such noise generating devices must meet applicable city and state noise regulations.
         12. The outdoor cafe must be closed and vacated on Sunday through Thursday between the hours of 10 PM and 7 AM on the following day, but may remain open until 11 PM (opening at 7 AM on the following day) on Friday and Saturday.
             
         13. An exception to (12) may be granted for holidays by the Administrator.
             
         14. Smoking is not permitted in any portion of the outdoor cafe area.
             
         15. Furniture shall be washable; constructed of commercial grade materials such as metal or other weather resistant materials; and maintained in a safe and sanitary condition.
             
         16. Design of furnishings, outdoor cafe area layout shall be reviewed and approved by the city prior to installation.
             
      3. Liability Requirements.
         
         1. The property owner, outdoor cafe operator and the city shall enter into a hold harmless agreement, as provided by the city, exempting the city from all liability claims associated with outdoor cafe area.
            
         2. Maintenance of public right-of-way, including landscaping, for which the outdoor cafe area is located upon shall be the property owner and outdoor cafe operator's responsibility.
            
         3. Security of the outdoor cafe area shall be the responsibility of the property owner and outdoor cafe operator.
            
         4. The city must be provided with evidence of general liability insurance in the amount of at least $1,000,000.00 naming the city as an additional insured.
            
      4. Prohibited Acts.
         
         1. Placing any items or other equipment, tables or chairs on any portion of the public property other than the permitted area.
            
         2. Block or restrict the pedestrian passageway to less than five feet in width or block ingress or egress to or from any building. No items shall be placed as to block a driveway or parking space or visibility from an intersection.
            
         3. Sublicense the encroachment area.
            
         4. Place objects or barricade around the serving area.
            
         5. Use tables, chairs or umbrellas or any other objects of such quality, design, materials or workmanship that are not authorized per the Administrator. Objects must meet design criteria for durability and safety and not feature any advertising.
            
         6. Failure to secure permission of the landlord where a building has multiple occupants.
            
         7. Failure to pick up, remove and dispose of trash or refuse left by the business or its patrons on the public right-of-way.
            
         8. Failure to keep sidewalk or public right-of-way surface free of dirt, spills, grease or other materials generated by the use of the space.
            
         9. Store, park, or leave any stand or merchandise or materials overnight on any street or sidewalk except for tables and chairs which may be kept in permitted area at permittee's risk.
         10. The encroachment permit is a temporary license which may be denied, suspended or revoked for any conduct which is contrary to the provisions of this article or for conduct of the business in such a manner as to create a public nuisance or constitute a danger to the operators or the public's health, safety or welfare. No property right is created by this article and decision of the city administrator is final.
             
      5. Enforcement and Termination. In the event that any of the conditions of the special annual license issued pursuant to Section 50-65(2)(E) are violated, the city has authority to revoke the special annual license.
         
         1. A violation of any condition set forth in the special annual license for an outdoor cafe shall be a violation of this code. If within thirty days of written notice from the zoning administrator the violation has not been corrected, the city may pursue the following procedure to terminate the permit:
            
            1. Written notice of revocation shall be served upon the property owner and any permittee at least ten city working days prior to the special annual license being revoked.
               
            2. Notice to the property owner of record and any permittee shall be served personally or by first class mail. Such written notice of revocation shall contain the effective date of the revocation, the nature of the violation constituting the basis of the revocation, the facts which support the conclusions that a violation has occurred, and a statement that if the property owner and/or the permittee desire to appeal they must, within ten city working days, exclusive of the day of service, file a request the the city clerk for a hearing.
               
            3. The hearing request shall be in writing, stating the grounds for appeal, and served personally or received by first class mail by the city clerk at the city hall not later than 4:30 p.m. of the tenth city working day following notice of revocation.
               
            4. following the receipt of a request for hearing, the city council shall set a time and place for the hearing within thirty days of receipt of the hearing request.
               
            5. Following the hearing, the city council may revoke the special annual license or impose such other remedies as it deems appropriate.
               
5. Design standards. Within the Central Business Zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements:
   1. Density.
      1. Minimum lot area: 3,000 square feet; and
      2. Maximum floor area ratio: 4.0.
   2. Maximum impervious surface percentage: 100%;
   3. Lot specifications.
      1. Minimum lot width: 20 feet;
      2. Minimum front yard setback: Zero feet;
      3. Minimum side yard setback: Zero feet; and
      4. Minimum rear yard setback: Zero feet
   4. Maximum height: 55 feet without a conditional use permit.

(2013 Code, § 11.40)  (Ord. 31, passed 10-25-1979; Ord. 96, passed 11-11-1982; Ord. 117, passed 4-28-1983; Ord. 159, passed 2-28-1985; Ord. 246, passed 6-17-1988; Ord. 264, passed 5-26-1989; Ord. 279, passed 12-1-1989; Ord. 377, passed 7-7-1994; Ord. 479, passed 3-13-1997; Ord. 482, passed 5-15-1997; Ord. 498, passed 9-4-1997; Ord. 528, passed 10-29-1998; Ord. 563, passed 11-25-1999; Ord. 597, passed 4-26-2001; Ord. 741, passed 12-1-2005; Ord. 813, passed 2-26-2009; Ord. 877, passed 12-3-2013; Ord. 903, passed 3-17-2015; Ord. 915, passed 9-1-2015; Ord. 927, passed 1-19-2016;)

1. Purpose. The purpose of the Major Recreation Zone is to create a high quality environment for large amusement and recreation attractions with a regional draw, with a high degree of land use compatibility and street efficiency. It is further the intent of the Zone to protect existing landscape features, to preserve open space, to sensitively integrate development with the natural landscape, and to require the planning of entire land ownerships as a unit rather than permit piecemeal or scattered small developments.
2. Permitted uses; specific conditions.
   
   1. Utility service structures, subject to the following requirements:
      1. Shall not be a water tower or electrical substation or a building constructed to house sanitary lift station controls;
      2. Shall be 20 feet or less in height;
      3. May be used only to provide weather protection for utility equipment;
      4. Shall be designed, placed, and landscaped as necessary to assure that it blends with the neighboring uses, and is unobtrusive;
      5. Shall comply with all applicable design standards; and
      6. Single- and mixed-use developments which comply with Shakopee Code 151.048, and have received approval from the City Council;
   2. Uses having a drive-up or drive-through window, subject to the following requirements:
      1. Shall be screened to a height of six feet from any adjacent residential zone;
      2. Shall not have a public address system which is audible from any residential property;
      3. Shall provide stacking for at least six vehicles per aisle. The required stacking shall not interfere with internal circulation patterns or with designated parking facilities, and shall not be located in any public right-of-way, private access easement, or within the required parking setback;
      4. Trash receptacles, including, but not limited to, dumpsters, shall be stored in any enclosed areas, including the top. The enclosed areas shall be constructed of similar and/or complementary materials to the principal structure and meet the standards of this code of ordinances.
   3. Relocated structures, subject to the following requirements:
      
      1. Shall obtain a moving permit from the city under Shakopee Code 111.07;
         
      2. Prior to moving, the applicant shall have given cash, a cashier's check, or letter of credit as a financial guarantee to the city to ensure completion of all work. The financial guarantee shall be in an amount equal to the Building Official's estimate of the cost to bring the structure into compliance with Building Code;
         
      3. The structure shall meet all requirements of the Building Code within six months after moving;
         
      4. If the structure is not in full compliance with the Building Code after six months of moving, the city, in its sole discretion, may draw on the financial guarantee and take whatever steps it deems necessary to bring the relocated structure into compliance with the Building Code. In the event the city draws on the financial guarantee, 10% of the total guarantee shall be paid to the city as its administrative fee;
         
      5. The applicant shall provide the Building Department with all plan review comments and inspection records from Building Codes and STDS Division and from the city of origin where constructed;
         
      6. An approved county highway moving permit will be required for the moving of the structure;
         
      7. The structure shall be required to meet all setbacks, design, and performance standards specified in this code of ordinances, unless otherwise approved; and
         
      8. Repair of any damage to city streets as a result of relocating the structure shall be paid for by the applicant.
         
3. Conditional or planned unit development uses; specific conditions.
   1. Adult day care centers as conditional use, subject to the following conditions: the adult day care centers shall:
      1. Serve 13 or more persons;
      2. Provide proof of an adequate water and sewer system if not served by municipal utilities;
      3. Have outdoor leisure/recreation areas located and designed to minimize visual and noise impacts on adjacent areas;
         1. The total indoor space available for use by participants must equal at least 40 square feet for each day care participant and each day care staff member present at the center. When a center is located in a multi-functional organization, the center may share a common space with the  multi-functional organization if the required space available for use by participants is maintained while the center is operating.
         2. In determining the square footage of usable indoor space available, a center must not count:
            1. Hallways, stairways, closets, offices, restrooms, and utility and storage areas;
            2. More than 25% of the space occupied by the furniture or equipment used by participants or staff; or
            3. In a mufti-functional organization, any space occupied by persons associated with the multi-functional organization while participants are using common space.
      4. Provide proof of state, federal, and other governmental licensing agency approval; and
      5. Comply with all other state licensing requirements.
         
4. Permitted accessory uses; specific uses.
   1. Communication service apparatus/device(s) as permitted accessory uses, subject to the following conditions:
      1. Shall be co-located on an existing tower or an existing structure;
      2. Must not exceed 175 feet in total height (including the extension of any communication service device(s) apparatus);
      3. Lights and/or flashing equipment shall not be permitted unless required by state or federal agencies;
      4. Signage shall not be allowed on the communication service device(s)/apparatus other than danger or warning type signs;
      5. Must provide proof from a professional engineer that the equipment will not interfere with existing communications for public safety purposes;
      6. Shall be located and have an exterior finish that minimizes visibility off-site to the maximum extent possible;
      7. Applicable provisions of this code of ordinances, including the provisions of the State Building Code therein adopted, shall be complied with;
      8. All obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed, the site shall be restored to its original or an approved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site;
      9. The applicant shall submit a plan illustrating all anticipated future location sites for communication towers and/or communication devices(s)/apparatus;
      10. Wireless telecommunication towers and antennas will only be considered for city parks when the following conditions exist and if those areas are recommended by the Parks and Recreation Advisory Board and approved by the City Council:
          1. City parks of sufficient size and character that are adjacent to an existing commercial or industrial use; and
          2. Commercial recreation areas and major play fields used primarily by adults.
      11. All revenue generated through the lease of a city park for wireless telecommunication towers and antennas should be transferred to the Park Reserve Fund.
   2. Towers for commercial wireless telecommunications services shall only be allowed subject to the following conditions:
      1. Shall also operate as a public utility structure;
      2. Shall be located within the public rights-of-way;
      3. Shall be limited to 75 feet in height;
      4. Shall limit the height of antennas and communication service devices to ten feet beyond the height of the structure;
      5. No setback shall be required when located in the public rights-of-way;
      6. Turf or other materials shall be established in the right-of-way consistent with the materials in the right-of-way at the time of installation;
      7. Lights and/or flashing equipment shall not be permitted unless required by state or federal agencies;
      8. Shall be protected with corrosive resistant material;
      9. Signage shall not be allowed on the tower other than danger or warning type signs;
      10. Must provide proof from a professional engineer that the equipment is not able to be collocated on any existing or approved towers and prove that the planned tower will not interfere with existing communications for public safety purposes;
      11. Must be built to accommodate antennas being placed at varying heights on the tower;
      12. Existing vegetation on the site shall be preserved to the maximum extent possible;
      13. Shall be surrounded by a security fence six feet in height with a lockable gate;
      14. Shall have an exterior finish that minimizes visibility off-site to the greatest extent possible;
      15. Applicable provisions of this code of ordinances, including the provisions of the state building code therein adopted, shall be complied with;
      16. No tower shall be permitted unless the equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within the one-half mile search radius of the proposed tower for any of the following reasons:
          1. The necessary equipment would exceed the structural capacity of the existing or approved tower or building and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost, as certified by a qualified, licensed professional engineer;
          2. The necessary equipment would cause interference as to significantly impact the usability of other existing or planned equipment at the tower, structure, or building and the interference cannot be prevented at a reasonable cost, as certified by a qualified, licensed structural engineer;
          3. Existing or approved towers and buildings within the one-half mile search radius cannot or will not accommodate the planned equipment at a height necessary to function reasonably, as certified by a qualified, licensed professional engineer; or
          4. The applicant, after a good faith effort, is unable to lease space on an existing or approved tower or building.
      17. All obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed, the site shall be restored to its original or an improved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site; and
      18. The applicant shall submit a plan illustrating anticipated sites for future location for communication towers and/or communication device(s)/apparatus.
5. Design standards. Within the Major Recreation Zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements:
   1. Density: Must be part of a PUD and no more than 28 dwelling units per acre;
   2. Maximum impervious surface percentage: 80%; and
   3. Lot specifications.
      1. Minimum lot width: 300 feet;
      2. Minimum front yard setback: one-half of that structure's height or 50 feet, whichever is greater; residential setback can be from zero to 30 feet. Zero setback is allowed in areas where there is an urban character that includes pedestrian connections and wider than required sidewalks with boulevard street trees.
      3. Minimum side yard setback: one-half of that structure's height or 25 feet, whichever is greater; residential is 20 feet.
      4. Minimum rear yard setback: one-half of that structure's height or 30 feet, whichever is greater; and residential is 20 feet.
      5. Minimum rear yard setback from residential zones: one-half of that structure's height or 50 feet, whichever is greater and residential use to residential zone is 20 feet.
   4. Minimum access spacing.
      1. County Roads 83 and 16: no access is allowed other than to public and private streets with a minimum spacing of 600 feet; and
      2. Shenandoah Drive and any continuation thereof to and including Secretariat Drive and Fourth Avenue. Street and driveway access points must be separated by a minimum of 300 feet.

(2013 Code, § 11.42)  (Ord. 204, passed 7-31-1986; Ord. 264, passed 5-26-1989; Ord. 328, passed 1-30-1992; Ord. 342, passed 10-29-1992; Ord. 377, passed 7-7-1994; Ord. 479, passed 3-13-1997; Ord. 482, passed 5-15-1997; Ord. 528, passed 10-29-1998; Ord. 563, passed 11-25-1999; Ord. 741, passed 12-1-2005; Ord. 813, passed 2-26-2009; Ord. 877, passed 12-3-2013; Ord. 903, passed 3-17-2015; Ord. 909, passed 8-18-2015; Ord. 915, passed 9-1-2015; Ord. 927, passed 1-19-2016; Ord. 966, passed 7-5-2017;)

1. Purpose. The purpose of the Light Industry Zone is to provide an area for industrial, light manufacturing, and office uses which are generally not obtrusive and which serve as a transition between more intensive industrial sites and residential and business land uses.
2. Permitted uses; specific conditions.
   1. Utility service structures.
3. Conditional uses; specific conditions.
   1. Retail auto sales, subject to the following conditions:
      1. Limit the percentage of retail sales to no more than 20% of the business;
      2. Must serve as an accessory use of the principle use;
      3. Vehicle retail sales limited to used automobiles only;
      4. No person shall operate a retail auto sales business on property, any part of which is within 200 feet from any property developed or zoned for residential uses;
      5. Shall not store any vehicles which are unlicensed and inoperative for more than 7 days, except in appropriately designed and screened storage areas;
      6. Shall conduct all repair, assembly, disassembly, or maintenance of vehicles within a building, except for minor maintenance such as tire inflation, adding oil and wiper replacement;
      7. Shall not have any outside storage or display except of vehicles for sale;
      8. Shall not have a public address system which is audible from any residential property;
      9. Shall screen all storage areas;
      10. Shall screen all display areas adjacent to a residential zone;
      11. Shall apply the parking setback to all areas where vehicles are located;
      12. Shall maintain a landscaped buffer 100 feet wide from any residential zone;
      13. All motor vehicle dealers shall be licensed by the state; and
      14. Vehicle sales area is to be paved.
4. Permitted accessory uses; specific conditions.
   1. Communication service apparatus/device(s) as permitted accessory uses, subject to the following conditions:
      1. Shall be co-located on an existing tower or an existing structure;
      2. Must not exceed 175 feet in total height including the extension of any communication service device(s) apparatus);
      3. Lights and/or flashing equipment shall not be permitted unless required by state or federal agencies;
      4. Signage shall not be allowed on the communication service device(s)/apparatus other than danger or warning type signs;
      5. Must provide proof from a professional engineer that the equipment will not interfere with existing communications for public safety purposes;
      6. Shall be located and have an exterior finish that minimizes visibility off-site to the maximum extent possible;
      7. Applicable provisions of this code of ordinances, including the provisions of the State Building Code therein adopted, shall be complied with;
      8. All obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed, the site shall be restored to its original or an approved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site;
      9. The applicant shall submit a plan illustrating all anticipated future location sites for communication towers and/or communication devices(s)/apparatus;
      10. Wireless telecommunication towers and antennas will only be considered for city parks when the following conditions exist and if those areas are recommended by the Parks and Recreation Advisory Board and approved by the City Council:
          1. City parks of sufficient size and character that are adjacent to an existing commercial or industrial use; and
          2. Commercial recreation areas and major play fields used primarily by adults.
      11. All revenue generated through the lease of a city park for wireless telecommunication towers and antennas should be transferred to the Park Reserve Fund.
5. Design standards. Within the Light Industry Zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements:
   1. Density.
      1. Minimum lot area (with city services): One acre; and
      2. Minimum lot area (without city services): 20 acres.
   2. Maximum impervious surface percentage: 75%;
   3.  Lot specifications.
      1. Minimum lot width (with city services): 100 feet;
      2. Minimum lot width (without city services): 600 feet;
      3. Minimum front yard setback: 30 feet;
      4. Minimum side yard setback: 15 feet;
      5. Minimum rear yard setback: 30 feet;
      6. Minimum side or rear yard setback from residential zones: 100 feet.
   4. Maximum height: 45 feet without a conditional use permit.

(2013 Code, § 11.44)  (Ord. 31, passed 10-25-1979; Ord. 96, passed 11-11-1982; Ord. 138, passed 11-24-1983; Ord. 186, passed 1-30-1986; Ord. 203, passed 7-10-1986; Ord. 264, passed 5-26-1989; Ord. 279, passed 12-1-1989; Ord. 377, passed 7-7-1994; Ord. 429, passed 11-2-1995; Ord. 479, passed 3-13-1997; Ord. 482, passed 5-5-1997; Ord. 528, passed 10-29-1998; Ord. 563, passed 11-25-1999; Ord. 601, passed 6-28-2001; Ord. 816, passed 4-30-2009; Ord. 877, passed 12-3-2013; Ord. 909, passed 8-18-2015)

1. Purpose. The purpose of the Heavy Industry Zone is to provide an area for industrial uses in locations remote from residential uses and in which urban services and adequate transportation exist.
2. Permitted uses; specific conditions.
   1. Utility service structures;
   2. Adult establishments.
3. Conditional uses; specific conditions.
4. Permitted accessory uses; specific conditions.
   1. Communication service apparatus/devices(s) as permitted accessory uses, subject to the following conditions:
      1. Shall be co-located on an existing tower or an existing structure;
      2. Must not exceed 175 feet in total height (including the extension of any communication service device(s) apparatus);
      3. Lights and/or flashing equipment shall not be permitted unless required by state or federal agencies;
      4. Signage shall not be allowed on the communication service device(s)/apparatus other than danger or warning type signs;
      5. Must provide proof from a professional engineer that the equipment will not interfere with existing communications for public safety purposes;
      6. Shall be located and have an exterior finish that minimizes visibility off-site to the maximum extent possible;
      7. Applicable provisions of this code of ordinances, including the provisions of the State Building Code therein adopted, shall be complied with;
      8. All obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed, the site shall be restored to its original or an approved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site;
      9. The applicant shall submit a plan illustrating all anticipated future location sites for communication towers and/or communication devices(s)/apparatus;
      10. Wireless telecommunication towers and antennas will only be considered for city parks when the following conditions exist and if those areas are recommended by the Parks and Recreation Advisory Board and approved by the City Council:
          1. City parks of sufficient size and character that are adjacent to an existing commercial or industrial use; and
          2. Commercial recreation areas and major play fields used primarily by adults;
      11. All revenue generated through the lease of a city park for wireless telecommunication towers and antennas should be transferred to the Park Reserve Fund.
5. Design standards. Within the Heavy Industry Zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements:
   1. Density: Minimum lot area: One acre;
   2. Maximum impervious surface percentage: 85%;
   3. Lot specifications.
      1. Minimum lot width: 100 feet;
      2. Minimum front yard setback: 30 feet;
      3. Minimum side yard setback: 15 feet;
      4. Minimum rear yard setback: 30 feet:
      5. Minimum side or rear yard setback from residential zones: 100 feet; and
      6. Minimum side or rear yard setback from railroad right-of-way: Zero feet.
   4. Maximum height: 45 feet without a conditional use permit.

(2013 Code, § 11.46)  (Ord. 31, passed 10-25-1979; Ord. 59, passed 5-14-1981; Ord. 96, passed 11-11-1982; Ord. 138, passed 11-24-1983; Ord. 158, passed 1-31-1985; Ord. 203, passed 7-10-1986; Ord. 246, passed 6-17-1988; Ord. 264, passed 5-26-1989; Ord. 279, passed 12-1-1989; Ord. 334, passed 5-21-1992; Ord. 377, passed 7-7-1994; Ord. 429, passed 11-2-1995; Ord. 479, passed 3-13-1997; Ord. 488, passed 7-17-1997; Ord. 514, passed 2-5-1998; Ord. 528, passed 10-29-1998; Ord. 549, passed 6-3-1999; Ord. 563, passed 11-25-1999; Ord. 672, passed 6-26-2003; Ord. 877, passed 12-3-2013; Ord. 909, passed 8-18-2015)

1. Purpose. The purpose of the Business Park Zone is to provide areas for the development of office, business, and light industrial uses meeting high standards of design and construction and having close proximity to major transportation corridors and/or other industrial zones.
2. Permitted uses; specific conditions.
   1. Utility services.
3. Conditional uses; specific conditions.
4. Permitted accessory uses; specific conditions.
   1. Communication tower service apparatus/devices subject to the following conditions:
      1. Shall be co-located on an existing tower or an existing structure;
      2. Must not exceed 175 feet in total height (including the extension of any communication service device(s)/apparatus);
      3. Lights and/or flashing equipment shall not be permitted unless required by state or federal agencies;
      4. Signage shall not be allowed on the communication service device(s)/apparatus other than danger or warning type signs;
      5. Must provide proof from a professional engineer that the equipment will not interfere with existing communications for public safety purposes;
      6. Shall be located and have an exterior finish that minimizes visibility off-site to the maximum extent possible;
      7. Applicable provisions of this code of ordinances, including the provisions of the State Building Code therein adopted, shall be complied with;
      8. All obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed, the site shall be restored to its original or an improved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site;
      9. The applicant shall submit a plan illustrating all anticipated future location sites for communication towers and/or communication devices(s)/apparatus.
      10. Wireless telecommunication towers and antennas will only be considered for city parks when the following conditions exist and if those areas are recommended by the Parks and Recreation Advisory Board and approved by the City Council:
          1. City parks of sufficient size and character that are adjacent to an existing commercial or industrial use; and
          2. Commercial recreation areas and major play fields used primarily by adults.
      11. All revenue generated through the lease of a city park for wireless telecommunication towers and antennas should be transferred to the Park Reserve Fund.
   2. Other accessory uses customarily appurtenant to a permitted or conditional use, as determined by the Zoning Administrator.
5. Design standards.
   1. Minimum lot area: One acre;
   2. Maximum impervious surface coverage: 80%;
   3. Lot specifications.
      1. Minimum lot width: 100 feet;
      2. Building setbacks.
         1. Minimum front yard setback: 50 feet;
         2. Minimum side yard setback: 20 feet;
         3. Minimum rear yard setback: 30 feet; and
         4. Minimum side or rear yard setback from residential zone: 100 feet.
   4. Dumpsters, trash handing equipment, and the like. Dumpsters, trash handling equipment, and recycling equipment shall be stored within the principal structure, or within an accessory structure constructed of the same materials as the principal structure;
   5. Lighting fixtures. Lighting fixtures shall be of downcast, cut-off type parking, or drive aisle setbacks:
      1. Minimum front yard setback: 50 feet;
      2. Minimum side yard setback: 20 feet; and
      3. Minimum rear yard setback: 10 feet minimum side or rear yard setback from residential zone: 100 feet.
   6. Maximum height: 45 feet without a conditional use permit.
6. Construction materials. In the Business Park Zone, only the following materials may be used for the exterior finish of any principal or accessory building: face brick; stone; glass; decorative concrete block; architecturally treated concrete; cast in place or precast concrete; stucco; and materials substantially similar to these as determined by the Board of Adjustment and Appeals. Steel, aluminum, copper, or other high quality, durable metal, and wood may be used, but only as an accent, trim, or frame, and not as siding for a substantial portion of any building facade.

(2013 Code, § 11.47)  (Ord. 547, passed 6-10-1999; Ord. 563, passed 11-25-1999; Ord. 877, passed 12-3-2013)

1. Purpose and intent. The purpose of the Planned Unit Development (PUD) District is to provide comprehensive procedures and standards intended to allow more creativity and flexibility in site plan design than would be possible under a conventional zoning district. The decision to zone property to PUD is a public policy decision for the City Council to make in its legislative capacity. The purpose and intent of a PUD is to include most or all of the following:
   1. Provide for the establishment of planned unit development (PUD) zoning districts in appropriate settings and situations to create or maintain a development pattern that is consistent with the city's comprehensive plan;
   2. Promote a more creative and efficient approach to land use within the city, while at the same time protecting and promoting the health, safety, comfort, aesthetics, economic viability and general welfare of the city;
   3. Provide for variations to the strict application of the land use regulations in order to improve site design and operation, while at the same time incorporate design elements that exceed the city's standards to offset the effect of any variations. Desired design elements may include: sustainable design, integration of public art or design elements, greater utilization of new technologies in building design, special construction materials, additional landscaping, creative parking and pedestrian connections, specialty lighting, stormwater management, pedestrian-oriented design or transition to residential neighborhoods, parks or other sensitive uses;
   4.  Ensure high quality of design and design compatible with surrounding land uses, including both existing and planned;
   5. Maintain or improve the efficiency of public streets and utilities;
   6. Preserve and enhance site characteristics, including natural features, wetland protection, trees, open space, scenic views and screening;
   7. Allow for mixing of land uses within a development;
   8. Encourage a variety of housing types, including affordable housing; and
   9. Ensure the establishment of appropriate transitions between differing land uses.
2. Applicability/criteria.
   1. Uses. All permitted uses, permitted accessory uses, conditional uses and uses allowed by administrative permit contained in the various zoning districts, as defined in this chapter, shall be treated as potentially allowable uses within a PUD district provided they would be allowable on the site under the comprehensive plan.
   2. Eligibility standards. To be eligible for a PUD district, all development should be in compliance with the following:
      1. Where the site of a proposed PUD is designated for more than one land use in the comprehensive plan, the city may require that the PUD include all the land uses so designated or such combination of the designated uses as the City Council shall deem appropriate to achieve the purposes of this chapter and the comprehensive plan;
      2. Any PUD which involves a single land use type or housing type may be permitted, if it is otherwise consistent with the objectives of this chapter and the comprehensive plan and the design substantially exceeds any current standards;
      3. Permitted densities may be specifically stated in the appropriate planned development designation and shall be in general conformance with the comprehensive plan; and
      4. The setback regulations, parking ratios, building height lot and building coverage ratio of the most closely related conventional zoning district shall be considered presumptively appropriate, but may be departed from to accomplish the purpose and intent described in division (A) of this section.
3. Design standards.
   1. Generally. The PUD development plan establishes the requirements for a planned unit development and shall govern land uses and design.
      1. For a single-family PUD, the applicant must provide house elevations for approval, since the granting of a PUD means exceeding standards, there should be a variety of types and designs. For other PUD types, applicants must provide material boards along with renderings for design evaluation.
      2. A planned unit development which includes dwellings, shall provide at least 15% of the project area as open space. If the planned unit development is to be developed in phases, the applicant must include the entire site in the plat of the first phase of development and designate public open space. Open space is a landscaped area or areas available for the common use of and is accessible by all residents or occupants of the buildings within the planned unit development. Open space shall be calculated on a net basis which excludes private yards, private streets from back of curb to back of curb, public rights-of-way, any areas within an easement: or any other non-recreational impervious surface area. Dedicated parkland shall not be used in calculating open space for a development. The applicant shall be required to submit along with the PUD site plan, an open space plan illustrating the use and/or function of the open space area or areas. The open space plan shall include any proposed improvements and/or design of the open space area.
      3. Contiguous land. The proposed planned unit development shall be comprised of at least 2 acres of contiguous land.
4. Parcels of land under applicant's control. The parcels of land, which are the subject of the PUD application, shall be under the applicant's control at the time of application. The development plan shall provide for the development of all of the parcel(s) included in the application. In addition, the development plan must include provisions for the preservation of natural amenities where they exist.
5. Municipal sewer and water availability. All PUDs shall have municipal sewer and water service available.
6. Modification prohibited. No design standards shall be modified in any way which violates or compromises the fire and safety codes of the city.
7. Buildings on platted PUD districts. More than 1 building may be placed on 1 platted lot in a PUD district.
8. PUD proposals. Any PUD plan proposed to be constructed in stages shall include full details relating to staging and the City Council may approve or modify, where necessary, any such proposals.
9. Staging. The staging shall include estimates of the time for beginning and completion of each stage. Such timing mav be subsequently modified by the City Council on the showing of good cause by the developer.
10. Criteria for granting a planned unit development application. The City Council shall base its decision to grant or deny an application for a planned unit development upon the following factors, and shall adopt findings relative to these criteria.
    1. Is the proposed development consistent in all respects with the comprehensive plan and with this section;
    2. Is the proposed development, including deviations from design standards compatible with surrounding land uses;
    3. Does the proposed development provide adequate open space, circulation, pedestrian orientation, parking, recreation, screening, and landscaping;
    4. If the primary function of the PUD is to encourage development which will preserve and enhance the worthwhile, natural terrain characteristics, it should not force intense development to utilize all portions of a given site in order to arrive at the maximum density allowed. In evaluating each individual proposal, the recognition of this objective will be a basic consideration in granting approval or denial;
    5. Whether there exists an overall compatibility of land uses and overall appearance and compatibility of individual buildings to other site elements or to surrounding development: however, the architectural style of buildings shall not solely be a basis for denial or approval of a plan; and/or
    6. Whether the proposed PUD plan would afford a greater general public benefit than would be realized under the underlying zoning district and/or general zoning provisions.
11. Procedures.
    1. Preapplication conference. Prior to filing of an application for a PUD, the applicant must arrange for and attend a conference with city staff. The primary purpose of the conference shall be to provide the applicant with an opportunity to gather information and obtain guidance as to the general suitability of the proposal for the area for which it is proposed and its conformity to the provisions of this chapter before incurring substantial expense in the preparation of plans, surveys and other data.
    2. Preapplication sketch plan review. Prior to filing of a PUD, the applicant is encouraged to submit a sketch plan of the project to the Planning and Development Department. The submittal should include a statement providing justification for the PUD, including, but not limited to, the intended utilization of the items listed in the purpose, intent and criteria in this subdivision.
    3. Planning Commission and City Council review. The Planning and Development Director shall refer the sketch plan to the Planning Commission and City Council for discussion, review and informal comment. Any opinions or comments provided to the applicant by the city staff. Planning Commission and City Council shall be considered advisory only and shall not constitute a binding decision on the request. There shall be no official application made for a sketch plan. It is an informal review and comment by Planning Commission and City Council.
    4. Preliminary development plan and preliminary rezoning. Preliminary development plan submissions may depict and outline the proposed implementation of the sketch plan for the PUD. The preliminary development plan submissions shall include, but not be limited to, the submission requirements for a zoning ordinance amendment as stipulated in § 151.009.
    5. Final development plan and final rezoning. After approval of the preliminary development plan, the applicant may apply for a final development plan and final rezoning approval for all or a portion of the PUD. The final development plan submissions shall include, but not be limited to, the submission requirements. The final development plan and final rezoning shall be heard before the City Council. The final development plan and final PUD are reviewed to ensure that the proposed final development plan is consistent with the preliminary development plan and to address any new or outstanding concerns from preliminary approval. Should the plans be revised by the applicant beyond the allowed plan modifications outlined below, it shall require review by both Planning Commission and City Council.
    6. The city may impose such conditions as part of the approval of a development plan as it deems necessary in order to ensure consistency with the comprehensive plan and this section. The Zoning Administrator shall maintain a record of all approved plans, amendments, and development agreements.
    7. Final rezoning to PUD. Final rezoning to PUD becomes official upon adoption of an ordinance rezoning the property by a majority vote of the City Council.
    8. Amendments. The Planning Commission may approve minor changes to an approved plan upon such hearing and notice, if any, as it deems appropriate. Minor changes are those changes listed below, when these changes do not significantly alter the original overall design, uses, or intent of the development:
       1. Changes in building location or size, which do not affect more than 10% of the site and/or floor space, not to exceed 10,000 square feet;
       2. Changes in landscaping, streets, parking, driveways, or site improvements which do not affect more than 10% of the site area, not to exceed 10,000 square feet; or
       3. Changes in dwelling units, which do not result in the number of housing units changing by more than 10%.

(2013 Code, § 11.50)  (Ord. 480, passed 4-24-1997; Ord. 521, passed 9-3-1998; Ord. 554, passed 7-6-1999; Ord. 626, passed 5-30-2002;

1. Purpose. The purpose of the Mining Overlay District is to provide an area for mining the city’s sand and gravel deposits while recognizing and providing for the long-term use of the land. The Mining Overlay District allows for the use of naturally occurring resources but requires that care be taken to leave the land ready for immediate or eventual reuse consistent with the city’s comprehensive plan.
2. Areas covered. This section applies only within the Heavy Industry (I-2) District, and to land in other districts which is within an existing mine or adjacent to and surrounded on at least 3 sides by an existing mine.
3. Permitted uses. Within the Mining Overlay District, no structure or land shall be used except for one or more of the uses permitted in the underlying district.
4. Conditional uses. Within the Mining Overlay District, no structure or land shall be used for the following uses, except by conditional use permit:
   1. Any use allowed by conditional use permit in the underlying district; or
   2. Mining, with the following conditions;
      1. Shall provide the city with the legal description of record and acreage of area to be mined;
         
      2. Shall provide the city with an aerial photograph of the site prior to any mining;
         
      3. Shall prepare a brief public outreach pamphlet/flier if mining site is adjacent to public land/right-of-way;
         
      4. Shall provide the city with the following maps of the entire site and all areas within 500 feet of the site, drawn at a scale of one inch to 100 feet;
         
         1. Map A - existing conditions to include:
            
            1. Contour lines at two-foot intervals;
            2. Existing vegetation;
               
            3. Existing drainage and permanent water areas;
               
            4. Existing structures;
               
            5. Existing wells; and
               
            6. Cross-sectional views from each direction;
               
            7. Drainage and utility easement adjacent to the mining area;
               
            8. Building setbacks adjacent to the mining area;
               
            9. Identify protected species/vegetation/habitat and other environmental sensitive features of the site;
               
            10. Identify historical site significance/historical markers in place;
                
         2. Map B - proposed operations to include:
            
            1. Mining Site Access Roads/Public Routes with appropriate turning movements;
            2. Proposed and/or Existing Entrance/Exit Location(s)
               
            3. Structures to be erected;
               
            4. Location of sites to be mined showing the maximum depth of proposed excavation;
               
            5. Location of tailings deposits showing maximum height of deposits;
               
            6. Location of machinery to be used in the mining operation;
               
            7. Location of storage of mined materials, showing height of storage deposits;
               
            8. Location of available and/or proposed parking facilities;
               
            9. Location of storage of explosives and identify protective measures;
               
            10. Erosion and sediment control structures;
                
            11. Location of Proposed wells and the depth to the water table;
                
            12. Location of proposed washing operations and measures to contain the resulting flow and clan-out practices;
                
            13. A mining quantities table showing the quantity and type of materials expected to be mined in each phase and each year; and
                
            14. Cross-sectional views of the site during each phase from each direction;
                
         3. Map C - end use plan to include:
            
            1. Final grade of proposed site showing elevations and contour lines at two-foot intervals;
            2. Location and species of vegetation to be replanted;
               
            3. Location and nature of any structures to be erected in relation to the end use plan; and
               
            4. Cross-sectional views of the site after final grading.
               
      5. Shall provide the city with a complete description of all phases of the proposed operation to include an estimate of duration of the mining operation;
         
      6. Shall provide a dust control plan detailing the methods proposed for controlling dust, application rates and time frames, and volumes of water to be used;
         
      7. Shall pave or gravel all roads which are within 450 feet of any other zone to minimize dust conditions;
         
      8. Shall provide a noise control plan showing all occupied structures within 1,000 feet of the mining site, existing noise contours in 5 Db intervals, and noise contours anticipated during operations for each phase;
         
      9. Shall provide a vibration control plan;
         
      10. Shall provide a landscape plan prepared by or under the supervision of a landscape architect showing material types; common and botanical names; sizes, number, and location of proposed plantings;
          
      11. Shall provide lighting and signage plans showing the type, height, and location of all exterior lighting signs;
          
      12. Shall provide a stormwater management plan showing the stormwater contour lines and drainage patterns prior to, during, and after mining, stormwater runoff calculations, and indicating that the State Pollution Control Agency's Best Management Practices shall be followed;
          
      13. Shall provide a traffic analysis prepared by a professional engineer showing the following;
          
          1. Existing traffic volumes on affected streets;
             
          2. Anticipated traffic volumes on affected streets;
             
          3. Anticipated trip generation for each phase or operations change;
             
          4. Morning and afternoon peak hour traffic volumes at all driveways into the site;
             
          5. Recommended traffic improvements both on and off the site; and
             
          6. Recommended traffic management actions, including truck routing.
             
      14. Shall complete an environmental assessment worksheet;
          
      15. If adjacent to a residential zone or within 300 feet of 2 or more residential structures, shall be bound by the following standards:
          
          1. Where water collects to a depth of one and one-half feet or more, for at least one month, and occupies an area of 700 square feet or more, all access to such water shall be barred by a fence or other barrier at least 4 feet in height; and
             
          2. Where slopes occur that are steeper than one-foot vertical to 3 feet horizontal, for a period of one month or more, all access to such slopes shall n=be barred by a fence or other barrier at least 4 feet in height.
             
      16. Shall screen the mining site from adjacent residential or business uses. The mining site also shall be screened from any street within 500 feet. The screening shall be a minimum of 8 feet in height and planted with a fast growing species. Existing trees and ground cover along street frontage shall be preserved, maintained, and supplemented for the depth of the street yard setback, except where safety requires cutting and trimming;
          
      17. Shall cut or trim weeds and any other unsightly or noxious vegetation as may be necessary to preserve a reasonably neat appearance and to prevent seeding on adjoining property consistent with city ordinance;
          
      18. Shall not interfere with surface water drainage beyond the boundaries of the mining operation. the mining operation shall not adversely affect the quality of surface or sub-surface water resources. Surface water originating outside and passing through the mining site shall, at its point of departure from the mining site, be of equal quality to or better quality than the water at the point where it enters the mining site. The mining operator shall perform any water treatment necessary to comply with this provision;
          
      19. Shall conduct all operations between the hours of 7:00 a.m. and 7:00 p.m. in conjunction with city code or as set for by the Planning Commission with an approval;
          
      20. Shorter hours may be established in the conditional use permit;
          
      21. For a gravel mine, shall have a maximum area without ground cover or being mined at one time not to exceed 20 acres; and
          
      22. Immediately after operations have ceased, the mining site shall be restored in compliance with the following:
          
          1. Within a period of 3 months after the termination of a mining operation, or within 3 months after abandonment of such operation for a period of 6 months, all mining structures shall be dismantled and removed by, and at the expense of, the mining operator last operating such structures;
             
          2. the peaks and depressions of the impacted area shall be graded and backfilled to a surface which will result in gently rolling topography in substantial conformity to the land area immediately surrounding the mining site, and which will minimize erosion due to rainfall. No finished slope shall exceed 18% in grade; and
             
          3. Restored areas shall be sodded or surfaced with soil of a quality at least equal to the topsoil of land area immediately surrounding the mining site, and to a depth of at least 6 inches, or a greater depth if recommended by the County Soil and Water Conservation District. Such required topsoil shall be planted with legumes and grasses. Trees and shrubs also may be planted, but not as a substitute for legumes and grasses. Such planting shall be done in conformity with State Pollution Control Agency's Best Management Practices to adequately retard soil erosion. Excavations completed to a water producing depth need not be backfilled if the water depth is at least 10 feet, and if the banks shall be sloped to a water line then slope shall be no greater than a ratio of 3 feet horizontal to one-foot vertical. The finished grade shall be such that it will not adversely affect the surrounding land or future development of the site upon which mining operations have been conducted. The finished plan shall restore the mining site to a condition whereby it can be utilized for the type of land use proposed to occupy the site after mining operations cease;
          4. Post-Mining Land Use shall be consistent with applicable city ordinance unless a change to the land use plan or zoning is proposed.
             
5. Permitted accessory uses. Within the Mining Overlay District, the following uses shall be permitted accessory uses:
   1. Any accessory use allowed in the underlying district; or
   2. Any use accessory to mining, as determined by the Zoning Administrator.
6. Design standards.
   1. Density as specified in the underlying district, minimum lot area: 20 acres; and
   2. Site specifications.
      1. Minimum setback from any residential zone: 100 feet;
      2. Minimum setbacks in existence prior to commencement of mining: Minimum setback from any residential or business structure which was in existence prior to commencement of mining, unless the written consent of all owners and residents or occupants of said structures is obtained: 500 feet;
      3. Minimum setback from any business or industry district: 30 feet to the boundary of any business or industry district; and
      4. Minimum setback from the right-of-way of any existing or platted street: 30 feet, except that excavation may be conducted within the 30 feet in order to reduce the elevation to conform to the street.

(2013 Code, § 11.52)  (Ord. 377, passed 7-7-1994) Ord. R2020-008, passed 11-04-2020

1. Purpose. The purpose of the Old Shakopee Business Overlay Zone is to provide an area for the continuation of existing commercial development and development of existing lots in the older business areas for uses fronting on or with immediate access to arterial and collector streets, The combination of small lots is encouraged.
2. Areas covered. The Old Shakopee Business Overlay Zone may be applied to property zoned Highway Business (B-1) and developed, surrounded by development, or platted for development as of the effective date of this chapter.
3. Permitted uses. Within the Old Shakopee Business Overlay Zone, no structure or land shall be used except for one or more of the uses permitted in the underlying Highway Business (B-1) Zone.
4. Conditional uses. Within the Old Shakopee Business Overlay Zone, no structure or land shall be used except for one or more of the uses permitted in the underlying Highway Business (B-1) Zone.
5. Permitted accessory uses. Within the Old Shakopee Business Overlay Zone, permitted accessory uses are limited to the accessory uses allowed in the underlying Highway Business (B-1) Zone.
6. Design standards. Within the Old Shakopee Business Overlay Zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements:
   1. Density.
      1. Minimum lot area: 8,000 square feet; and
      2. Maximum floor area ratio: .50.
   2. Maximum impervious surface percentage: 75%;
   3. Lot specifications.
      1. Minimum lot width: 60 feet;
      2. Minimum front yard setback: 30 feet; and
      3. Minimum side yard setback: 10 feet minimum; rear yard setback: 30 feet.
   4. Maximum height. 25 feet, without a conditional use permit.

(2013 Code, § 11.58)  (Ord. 377, passed 7-7-1994)

1. Purpose.  The purpose of the High Density Residential Zone is to provide areas for the development of high density residential uses that are in close proximity to collector and arterial roadways or transit. The High Density Residential zoning district allows for the development of multiple-family housing from 14.01 units per acre to 40 units per acre, and provides increased housing choices and affordability in the community. Increased density also allows for the clustering of units near environmentally sensitive areas and the downtown and riverfront area.
2. Permitted uses; specific conditions.
   1. Utility service structures, subject to the following requirements:
      1. Shall not be a water tower or electrical substation, or a building to house sanitary lift station controls;
      2. Shall be less than 20 feet in height;
      3. May only be used to provide weather protection for utility equipment;
      4. Shall be designed, placed, and landscaped as necessary to assure that it blends with the neighboring uses, and is unobtrusive; and
      5. Shall comply with all applicable design standards;
3. Conditional use; specific conditions.
   1. Daycare centers serving greater than 13 persons.
4. Permitted accessory uses; specific conditions.
   1. Communication service apparatus/device(s) as permitted accessory uses, subject to the following conditions:
      1. Shall be co-located on an existing tower or existing structure. Any co-located apparatus/device shall not extend more than 2 feet above the facade, parapet, roof, or other portion of any structure. Such co-located apparatus/device shall be designed and located in such a way that its appearance and surface finish minimizes visibility off-site;
      2. Lights and or flashing equipment shall not be permitted unless required by state or federal agencies;
      3. Signage shall not be allowed on the communication service apparatus/device(s) other than danger or warning type signs;
      4. Must provide proof from a professional engineer that the equipment will not interfere with existing communications for public safety purposes;
      5. Applicable provisions of the City Code, including provisions of the State Building Code therein adopted, shall be complied with;
      6. All obsolete or unused antennas and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed, the site shall be restored to its original or an approved state. The user of the antenna and/or accessory facilities shall be responsible for the removal of facilities and restoration of the site;
      7. The applicant shall submit a plan illustrating all anticipated future location sites for communication towers and/or communication device(s)/ apparatus;
      8. Wireless telecommunication towers and antennas will only be considered for city parks when the following conditions exist and if those areas are recommended by the Parks and Recreation Advisory Board and approved by the City Council:
         1. City parks of sufficient size and character that are adjacent to an existing commercial or industrial use; and
         2. Commercial recreation areas and major playfields used primarily by adults;
      9. All revenue generated through the lease of a city park for wireless telecommunication towers and antennas shall be transferred to the Park Reserve Fund.
5. Design standards.  Within the R-4, High Density Residential Zone, no land shall be used and no structure shall be constructed or used, except in conformance with the following requirements:
   
   

   	R-4	R-4T (R-4 Lots within 1/4 mile walking distance by sidewalk or trail to an operating transit station	R-4D (R-4 Lots within the area that lies east of the intersection of 3rd Ave W and CSAH 69 and north of 3rd Avenue (both East and West) extended east to Sarazin Street, south of the city boundary, and west of the extension of Sarazin Street northward)
   Minimum lot width	150'	150'	142'
   Minimum lot depth	200'	200'	100'
   Minimum lot size	1 acre	1 acre	20,000 square feet
   Minimum density	14.01 units/acre	14.01 units/acre	14.01 units/acre
   Maximum base density	24 units/acre	28 units/acres	36 units/acres
   Density bonus for lots within 1/4 mile walking distance by sidewalk or trail to public park or open space greater than 2 acres, that is intended to be used for recreation purposes	2 units/acre	2 units/acre	2 units/acre
   Density bonus for developments with at least 50 square feet per unit of indoor community space, indoor or outdoor recreation facilities such as swimming pools, tennis courts, outdoor cooking facilities, and similar facilities available for use by occupants. Open space is not counted in this calculation.	2 units/acre	2 units/acre	2 units/acre
   Maximum impervious surface	60%	65%	75%
   Minimum front yard setback	50'	50'	1/2 building height, or 15', whichever is greater
   Minimum rear yard setback	40'	40'	1/2 building height, or 15', whichever is greater
   Minimum street side setback	30'	30'	1/2 building height, or 15', whichever is greater
   Minimum side yard setback	1/2 building height or 20', whichever is greater	1/2 building height or 20', whichever is greater	1/2 building height, or 15', whichever is greater
   Minimum structure setback to arterial roadway	50'	50'	1/2 building height, or 15', whichever is greater
   Minimum distance between buildings within a development	25'	25'	20'
   Minimum parking setback to arterial roadway	25'	25'	25'
   Maximum structure height	45'	45'	45'
   Minimum off-street parking spaces	2.25 spaces/unit	2.0 spaces/unit	1.75 spaces/unit
   Off-street parking requirement reduction (for sites within 1/4 mile of a transit stop accessible by a sidewalk or trail)	0.10 spaces/unit	N/A	0.10 space/unit

(Ord. 925, passed 12-15-2015)

A. Purpose. The Parks and Open Space District is established to promote, preserve and protect publicly owned parks and open space through the conservation of natural spaces; provide opportunities for both active and passive indoor and outdoor recreation and leisure activities integral to the overall quality of life for Shakopee residents; protect the natural resources of Shakopee, including grassland, forested land, wetlands, biodiversity and other natural features; and furthers the purposes of the City's Parks, Trails and Recreation Master Plan.

B. Permitted and Conditional Uses.

1. See Section 151.007 for a complete list of allowed permitted and conditional uses and structures within the Parks and Open Space District.

C. Permitted Accessory Uses.

1. See Section 151.007 for a complete list of allowed accessory uses and structures within the Parks and Open Space District.
   

D. Design Standards. within the Parks and Open Space District, Park property may consist of one or more lots or parcels that for the purposes of this Subchapter function as a single site. Therefore, setbacks for parking lots, buildings and accessory structures and uses shall be measured from the perimeter lot line that encompasses the park property.

1. Structures, Parking lots or drive aisle setbacks;
   
   1. Minimum side setback: 5 feet;
      
   2. Minimum rear setback: 10 feet;
      
   3. Minimum front setback: 15 feet;
      

2. Maximum height 35 feet;

3. Construction Materials. See City Code Section 151.108 for the complete requirements related to construction materials and any applicable design standards within the Parks and Open Space District.