(a)

Intent and purpose. The intent of this chapter is to protect the public health, safety, and general welfare of the city and its people through the establishment of minimum regulations governing development and use of structures and land. This chapter divides the city into use districts and establishes regulations in regard to location, erection, construction, reconstruction, alteration, and use of structures and land. These regulations are established to protect such use areas; to promote orderly development and redevelopment, to provide adequate light, air, and convenience of access to property, to prevent congestion in the public right-of-way, to prevent overcrowding of land and concentration of structures by regulating land, buildings, yards, and density of population, to provide for compatibility of different land uses, to provide for administration of this chapter, to provide for amendments, to prescribe penalties for violation of the regulations, and to define the powers and duties of the city staff, the planning commission, and the city council in relation to this chapter.

(b)

Findings. The city council also hereby finds that in order to accomplish the purposes set forth in subsection (a) of this section, it is necessary to:

(1)

Stage development and redevelopment to coincide with the availability of necessary public services;

(2)

Protect the character and maintain the stability of residential, business, commercial, and industrial areas within the city and control uses, buildings, or structures which are incompatible with the character of development in such areas;

(3)

Provide adequate privacy and convenience of access to property;

(4)

Provide protection against fire, explosions, obnoxious fumes, and other hazards in the interest of public health, safety, and comfort;

(5)

Prevent environmental pollution;

(6)

Prevent the destruction or improvident exploitation of city resources;

(7)

Preserve the value of land and buildings throughout the city;

(8)

Provide for the gradual elimination of those uses of land, buildings, structures, and improvements that do not conform to the standards for the areas in which they adversely affect the development and the value of property;

(9)

Provide for the regulation and control of such nonconforming buildings, structures, or improvements and uses of land as is necessary or appropriate for the rehabilitation of the area blighted thereby;

(10)

Provide for the enforcement of this chapter, define and limit the powers and duties of the administrative officers and agencies responsible therefor, and provide penalties for the violation of the provisions herein contained;

(11)

Provide for the wise use and conservation of energy resources; and

(12)

Assist in the implementation of the comprehensive municipal plan, including, but not limited to, the following components:

a.

Land use plan;

b.

Housing element;

c.

Industrial area planning program; and

d.

The state river critical area (corridor) plan.

(Code 1992, § 1500.01, subds. 2, 3)

It is the policy of the city that the enactment, amendment, and administration of this chapter be accomplished with due consideration of the recommendations contained in the comprehensive municipal plan as developed and amended from time to time by the planning commission. The city council recognizes the comprehensive municipal plan as the planning commission's recommendations for the regulations of use and development in accordance with the policies and purpose herein set forth.

(Code 1992, § 1500.01, subd. 4)

Where the conditions imposed by any provisions of this chapter are either more or less restrictive than comparable conditions imposed by any other code, rule or regulation of the city, the code, rule or regulation which imposed the more restrictive condition, standard, or requirement shall prevail.

(Code 1992, § 1500.01, subd. 5)

The provisions of this chapter are the minimum requirements of the city for the promotion of the public health, safety, and welfare by the regulation of land use.

(Code 1992, § 1500.01, subd. 6)

No structure shall be erected, converted, enlarged, reconstructed, or altered, and no structure or land shall be used for any purpose nor in any manner that is not in conformity with the provisions of this chapter. Except as herein provided, no building, structure or premises shall hereafter be used or occupied and no building permit shall be granted that does not conform to the requirements of this chapter.

(Code 1992, § 1500.01, subd. 7)

Whenever in any zoning district a use is neither specifically permitted nor denied, the use shall be considered prohibited. In such case, the city council or the planning commission, on their own initiative or upon request, may conduct a study to determine if the use is acceptable, and if so, what zoning district would be most appropriate. The city council, planning commission, or property owner, upon receipt of the city staff study, shall, if appropriate, initiate an amendment to this chapter to provide for the particular use under consideration or find that the use is not compatible for development within the city.

(Code 1992, § 1500.01, subd. 8)

(a)

Common meanings used unless otherwise specified. Meanings of words and phrases used in this chapter shall be construed in their plain, ordinary, and usual sense, provided that technical words and phrases having a peculiar and appropriate meaning in law shall be construed in accordance with their technical import.

(b)

Singular or plural. Unless the context clearly requires otherwise, the use of either singular or plural shall include the other.

(c)

Tense. Unless the context clearly requires otherwise, the use of either past, present, or future tense shall include the other tenses.

(d)

Joint authority. Words importing joint authority to three or more persons shall be construed as authority to a majority of such persons.

(e)

Persons. The word "persons" shall include corporations, partnerships, organizations, and entities.

(f)

Computation of time. The time within which an act shall be done shall be computed by excluding the first and including the last day. If the last day is a Saturday, Sunday, or a legal holiday, as defined in state statutes, such day shall be excluded.

(g)

Deputies, agents, officers. Whenever this chapter requires an act to be done which may legally be done by a deputy, agent, or officer, as well as by the principal, such requirement shall be satisfied by the performance of such act by an authorized deputy, agent, or officer. An employee authorized by the person's employer to act shall be deemed an agent for the purposes of this provision.

(h)

Conjunctions. The words "or" and "and" may be read interchangeably in situations—where the context requires it.

(i)

State law to govern. In the event that this chapter conflicts with state statute or case law, the provisions of the law shall govern. The rules of construction established by state law shall govern the construction of this chapter.

(j)

No consent or permit implied. Nothing contained in this chapter shall be deemed to be a consent, license, or permit to use any property or to locate, construct, or maintain any building, structure, facility, or improvement, or to carry on any trade, industry, occupation, or activity.

(k)

Provisions cumulative. Except as herein provided, the provisions of this chapter are cumulative, both with respect to the provisions herein contained and with respect to other laws and ordinances now in effect or hereafter ordained or enacted governing the same subject matter as this chapter.

(l)

Shall, will, may. The words "shall" and "will" are mandatory and not permissive; the word "may" is permissive.

(Code 1992, § 1500.03, subds. 1—13)

(a)

Use of the word "lot." The word "lot" shall include the words "piece," "parcel" and "plots;" the word "building" includes all other structures of every kind, regardless of similarity to buildings, and the phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for," and "occupied for."

(b)

Measurement of distance. All measured distances shall be to the nearest integral foot. If a fraction is one-half or less, the integral foot next below shall be taken.

(c)

Definitions. For the purposes of this chapter, certain words and phrases are defined as follows:

Accessory building means a subordinate building or portion of the main building, which is located on the same lot as the main building and the purpose of which is clearly incidental to that of the principal building.

Accessory use means a use incidental or subordinate to the principal use of the same land.

Adult day care facility means a program operating less than 24 hours per day that provides functionally impaired adults with an individualized and coordinated set of services including health services, social services and nutritional services that are directed at maintaining or improving the participants' capabilities for self-care.

Alley. See Street.

Alternative financial establishment means a person, business or organization engaged in the service of check-cashing, money transmitting, making loans to be repaid in one lump sum or in installments over a set period of time, either collateralized or not, for which there is a fee or service changes, or interest received including but not limited to loans, collateralized with the promise to relinquish possession of any personal property upon default. Alternative financial establishment includes, but is not limited to consumer small loan lenders, currency exchanges, industrial loan and thrifts, money transmitting businesses or services, electronic fund transfer services and regulated loan companies, as defined by the Minnesota Department of Commerce.

Animals, domestic farm, means cattle, hogs, horses, bees, sheep, goats, chickens, and other animals commonly kept for commercial food-producing purposes.

Animals, domestic pet, means dogs, cats, birds, and similar animals commonly kept in a residence. Animals considered wild, exotic, or nondomestic, such as bears, lions, wolves, ocelots, and similar animals, shall not be considered domestic pets.

Antenna means any equipment or device used for the purpose of collection or transmission electromagnetic waves that is external to or attached to the exterior of any structure.

Apartment means a room or suite of rooms with cooking facilities designed to be occupied as a residence by a single-family.

Arbor means an open shelter typically constructed of latticework or exposed boards and often meant to provide partial shade or support climbing plants.

Area, net developable, means those lands within a development parcel remaining after the exclusion of floodplains, wetlands, slopes greater than 12 percent, and unbuildable easements or rights-of-way.

Attorney means the city attorney of South St. Paul, Minnesota.

Auto or motor vehicle reduction yard means a lot or yard where one or more unlicensed motor vehicles or the remains thereof are kept for the purpose of dismantling, wrecking, crushing, repairing, rebuilding, sale of parts, sale as scrap, storage, or abandonment.

Automobile repair means the replacement of any part or repair of any part which does not require the removal of the engine head or pan, engine, transmission, or differential, incidental body and fender work, and minor painting and upholstering service when said service is applied to passenger automobiles and trucks not in excess of 7,000 pounds gross vehicle weight.

Automobile service station or gas or service station means a place where any motor fuel, lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles. This definition includes greasing, oiling, or sale of automobile accessories on the premises. This definition also includes minor repairs and replacement of parts and motor services to passenger automobiles and trucks not exceeding a 1½ ton capacity and automatic car or vehicle washing devices.

Automobile service uses means those uses catering to the traveling public. These include auto and truck laundry, drive-in business, service station, repair garage, public garage, motel, hotel, seasonal produce sales, motor vehicle sales, trailer sales and rental, boat sales, rental services, and restaurants.

Awning means a roof-like cover, often of fabric, plastic, metal, or glass, designed and intended for protection from the weather or as a decorative embellishment, that projects from a wall or roof of a structure primarily over a window, walk, door, or the like.

Basement means as defined in the latest edition of the state building code. Underground houses (earth homes) that meet all other requirements of the building code shall not be considered as basements.

Board orboard of appeals and adjustments means the board of appeals and adjustments, being the city council.

Boardinghouse means a building other than a motel or hotel where, for compensation and by prearrangement for definite periods, meals or lodging are provided for three or more unrelated persons.

Building means any structure, either temporary or permanent, having a roof and used or built for the shelter or enclosure of any person, animal, or property of any kind. When any portion thereof is completely separated from every other part thereof by area separation, each portion of such building shall be deemed as a separate building.

Building code means the latest edition of the state building code.

Building heights means the vertical distance from grade plane to the average height of the highest roof surface.

Building official means the officer or other authority designated by the city council and certified by the state under Minn. Stat. § 16B.65, charged with the administration and enforcement of the city building code, or duly authorized representative.

Building setback means the minimum horizontal distance between the building and the lot line.

Building setback line means a line within a lot parallel to a public right-of-way line, a side or rear lot line, a bluffline, or a high water mark or line, behind which buildings or structures must be placed.

Business means any occupation, employment, or enterprise wherein merchandise is exhibited or sold, or where services are offered for compensation.

Caliper inches means the length of a straight line measured through the trunk of a tree six inches above the ground.

Carport means an automobile shelter having one or more sides open.

Cellar means that portion of a building having more than half of the clear floor-to-ceiling height below the average grade of the adjoining grounds. Underground buildings (earth homes) that meet all other requirements of the city building code shall not be considered as cellars.

Certificate of occupancy. See section 118-45.

Child day care facility means the care of a child in a residence or facility licensed for such care, outside the child's own home for gain or otherwise, for less than 24 hours per day.

Church means a building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.

City council means the city council of South St. Paul, Minnesota.

Club or lodge means a nonprofit association of persons who are bona fide members paying annual dues, and use of premises being restricted to members and their guests. Serving of alcoholic beverages to members and their guests may be allowed. The terms "club" and "lodge" include any ethnic cultural activities, including, without limitation, a repository for significant historical artifacts, a library of ethnic and cultural books and papers, instruction in and performances of ethnic music and dance, the display of ethnic art, instruction regarding ethnic traditions and customs, meetings, and offices for staff and the governing body of the center.

Cluster development means a pattern of subdivision development that places detached houses, duplexes, or townhouse units into compact groupings while providing a network of commonly owned or dedicated open space.

Code enforcement officer means the city staff person designated by the city council to administer and enforce the provisions of this chapter and other applicable codes of the city.

Commercial recreation means bowling alley, cart track, jump center, golf, pool hall, vehicle racing or amusement, dance hall, skating, firearms range, automobile camp, and similar uses such as a sauna, health club, or theater.

Community means the city except as otherwise indicated.

Comprehensive municipal (city) plan means the policies, statements, goals, and inter-related plans for private and public land and water use, transportation and community facilities, including recommendations for planned execution documented in texts, ordinance, and maps which constitute the guide for the future development of the community or any portion of the community, as on file with the city planning commission. This shall include the 1978 city comprehensive plan and all subsequent amendments, additions, and elements developed as per requirements of law.

Conditional use means a land use that is generally compatible with all other uses in the district within which it is located but that should not be permitted as a matter of right in every area within the district because of special circumstances that the use or location may present. Such uses shall be judged on the basis of standards and criteria specified in this chapter. The city may impose appropriate conditions and restrictions to a conditional use permit.

Condominium. See Dwelling unit, condominium.

Craft production means a commercial use that involves the production of arts, crafts, foods, beverages or other product with on-site production and assembly of goods primarily involving the use of hand tools and/or small-scale equipment. Due to the limited scale of the activities and small boutique nature of craft production establishments, they are compatible, and are often co-located with, retail sales and service uses. This use category includes but is not limited to ceramic art, glass art, candle-making, custom jewelry manufacture, bakeries, confectionaries, butchers, coffee roasting establishments, and food and/or beverage production.

Curb level means the grade elevation of the curb in front of the center of the building. Where no curb has been established, the city engineer shall determine a curb level or its equivalent for the purposes of this chapter.

Currency exchange means any person, business or organization, except a bank, trust company, savings bank, savings association, or credit union, engaged in cashing checks, drafts, money orders, or travelers' checks for a fee.

Depth of lot means the horizontal distance between the frontage right-of-way line and the rear lot line. On a corner lot, the side with the largest frontage is its depth, and the side with the lesser frontage is its width.

Depth of rear yard means the horizontal distance between the rear building line and the rear lot line.

Disposal area means on-site sewage treatment and is that ground within the confines of the lot that does not contain buildings and has an elevation of at least 80 inches above the highest known or calculated water table or bedrock information; does not slope in excess of 13 percent; and meets the requirements of permeability as determined by the rate of water percolation in the soil. On-site sewage treatment/disposal facilities as may be permitted by the city shall be installed and operated as approved by the city engineer.

Dredging means the process by which soils of other surface materials, normally transported by surface water erosion into a body of water, are removed for the purpose of deepening the body of water.

Drive-in means any use where products and/or services are provided to the customer under conditions where the customer does not have to leave the car or where service to the automobile or its occupants is also provided within a building. This shall include, but not be limited to, the following:

(1)

Car and truck wash;

(2)

Drive-in banking;

(3)

Restaurants where some or all customers may consume their food and/or beverages in an automobile;

(4)

Restaurants providing carryout or delivery service;

(5)

Service stations;

(6)

Parcel pickup; and

(7)

Other similar uses.

Dwelling means a building or one or more portions thereof occupied or intended to be occupied exclusively for human habitation, but not including rooms in hotels, motels, nursing homes, boardinghouses, trailers, tents, cabins, or trailer coaches.

Dwelling, attached, means a dwelling that is joined to another dwelling at one or more sides by a party wall or walls.

Dwelling, detached, means a dwelling that is entirely surrounded by open space on the same lot.

Dwelling, duplex or twin home, means a residential building containing two complete dwelling units.

Dwelling, multiple orapartment building, means a residential building or portion of a building containing two or more dwelling units which may or may not be served by a common entrance.

Dwelling, single-family, means a residential building containing one detached dwelling unit.

Dwelling, townhouse, means a residential building containing two or more dwelling units with at least one common wall, each dwelling unit so oriented as to have all exits directly to the out-of-doors.

Dwelling unit means a residential accommodation including complete kitchen and bathroom facilities, permanently installed, which is arranged, designed, used or intended for use exclusively as living quarters for one family.

Dwelling unit, condominium, means a method of dwelling unit ownership of multiple or apartment buildings whereby the fee title to each dwelling unit is held independently of the others; certain portions of the building, such as roof and foundation, may be owned in common by contractual agreement between the owners of individual dwelling units.

Eaves mean the overhanging lower edge of a roof.

Engineer means the city engineer of the city, unless otherwise noted.

Entry vestibule means a passage or room between the outer door and the interior of a building.

Essential services, governmental uses, buildings, and storage means governmental services such as office buildings, garages, temporary open space, open storage, when not the principal use, fire and police stations, recreational areas, training centers, correctional facilities, or other essential uses proposed by federal, state, county, local, special, and school districts.

Essential services, public utility uses means underground or overhead gas, electrical, steam, or water distribution, collection, communication, supply, or disposal system, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, or other similar equipment and accessories, but not including buildings, transmission services or antenna, small wireless facilities, or personal wireless service towers.

Essential services, transmission services, buildings, and storage means transmission services such as electrical power lines or bulk gas or fuel being transferred from station to station and not intended for en route consumption, including similar equipment and accessories.

Exterior storage (including open storage) means the storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building.

Family means as defined in the state building code.

Farm, suburban, agricultural, means a noncommercial food-producing use primarily intended for the use of the residents, usually on less than ten contiguous acres. Suburban agricultural uses may include production of crops such as fruit trees, shrubs, plants, flowers, vegetables, and domestic pets.

Feedlot means having the meaning given for animal feedlots under Minnesota Rules chapter 7020.

Fence means a partition, structure, wall, or gate erected as a dividing marker, visual or physical barrier, or other enclosure not having a roof.

Fill means any act by which soil, earth, sand, gravel, rock, or any similar material is deposited, placed, pushed, or transported, including the conditions resulting therefrom.

Final plat means a drawing or map of an approved subdivision meeting all requirements of this chapter and in such form as required by the city for purposes of recording.

Floor area, gross, means as defined in the state building code.

Floor area ratio (FAR) is the ratio of the floor area, excluding the areas described below, of all principal and accessory buildings on a site to the site area. To calculate FAR, floor area is divided by site area, and typically expressed as a decimal. For example, if the floor area of all buildings on a site totals 20,000 square feet, and the site area is 10,000 square feet, the FAR is expressed as 2.0.

(1)

Excluded from floor area in calculating FAR.

a.

Basements. Usable basements and cellars below finished grade.

b.

Parking. Parking areas located entirely below finished grade or entirely beneath the finished floor of habitable space where the vertical distance between the finished floor of habitable space and finished.

Floor plan, general, means a graphic representation of the anticipated use of the floor area within a building or structure.

Frontage means the width of a lot that abuts a public street or private road.

Funeral home means a building or part thereof used for human funeral services. Such building may contain space and facilities for: (a) embalming and the performance of other services used in the preparation of the dead for burial; (b) the performance of autopsies and other surgical procedures; (c) the storage of caskets, funeral urns, and other related funeral supplies; and (d) the storage of funeral vehicles. This definition excludes cemeteries. A funeral home may have a maximum of one crematory retort under the following conditions:

(1)

The retort is located within the same structure as the funeral home.

(2)

The crematory retort complies with all state and federal statutes, regulations, and requirements.

(3)

The crematory retort is used only for bodies which the funeral home has prepared for cremation.

Game room or arcade means a business establishment that maintains or operates six or more mechanical amusement devices as defined in section 10-1 of this Code.

Garage, private means a building or portion of a building in which motor vehicles used by an owner or tenant of the building or buildings on the premises are stored or kept, without provisions for repairing or servicing such vehicles for profit.

Garage, public, means a building or portion of a building, except any herein defined as a private garage or as a repair garage, used for the storage of motor vehicles or where any such vehicles are kept for remuneration or hire and in which any sale of gasoline, oil, and accessories is only incidental to the principal use.

Garage, repair, means a building or space for the repair or maintenance of motor vehicles, but not including factory assembly of such vehicles, auto wrecking establishments, or junkyards.

Garage, storage, means any premises, except those defined herein as a private or public garage, used exclusively for the storage of power-driven vehicles.

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

(1)

Antiques and collectibles store;

(2)

Art gallery;

(3)

Bakery;

(4)

Bicycle sales and repair;

(5)

Book store, music store;

(6)

Butcher shop;

(7)

Candy store;

(8)

Clothing and accessories;

(9)

Deli;

(10)

Drugstore, pharmacy;

(11)

Electronics sales and repair;

(12)

Florist;

(13)

Food and related goods sales;

(14)

Furniture store;

(15)

Jewelry store;

(16)

Hardware store;

(17)

News stand, magazine sales;

(18)

Office supplies;

(19)

Pet store;

(20)

Photographic equipment, film developing;

(21)

Stationery store;

(22)

Picture framing; and

(23)

Video store.

General service business means a business that provides services to the general public that produce minimal off-site impacts. Service businesses include but are not limited to the following:

(1)

Bank, credit union;

(2)

Barber and beauty shops;

(3)

Body art establishment that offers only micropigmentation and cosmetic tattooing (defined and regulated by section 118-276);

(4)

Dry-cleaning pick-up station;

(5)

Food shelf;

(6)

Interior decorating/upholstery;

(7)

Laundromat, self-service;

(8)

Locksmith;

(9)

Mailing and packaging services;

(10)

Massage center;

(11)

Medical or dental clinic or laboratory;

(12)

Photocopying;

(13)

Post office;

(14)

Radio and television service and repair;

(15)

Shoe repair;

(16)

Small appliance repair;

(17)

Tailor shop; and

(18)

Watch repair, other small goods repair.

Grade plane means a reference plane representing the average of finished ground level adjoining the building at the exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six feet (1,829 mm) from the building, between the building and a point six feet (1,829 mm) from the building.

Group family day care means a day care for no more than 14 children at one time. The total number of children includes all children of any caregiver when the children are present in the residence.

Home occupation means any occupation or profession engaged in by the occupant of a dwelling when carried out within said dwelling unit, provided that the use is incidental and secondary to the residential use of the premises, and the activity does not change the residential character thereof.

Home office means the use of a room or rooms within a dwelling unit for conducting affairs of a recognized business, profession, or service solely by the occupants of the dwelling and which does not involve the on-site sale of products or any client/patron site visitation.

Hotel means as defined in the state building code.

Institution. See section 118-274.

Institutional housing means housing for an institutional use.

Junk vehicle means any vehicle that:

(1)

Is extensively damaged, with the damage including such things as a broken or missing wheel, motor, drive train, or transmission;

(2)

Is apparently inoperable;

(3)

Does not have a valid, current registration plate; and

(4)

Has an approximate fair market value equal only to the approximate value of scrap in it.

Junkyard means an area where discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, dismantled, or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber products, bottles, and used building materials. Storage of such materials in conjunction with a permitted manufacturing process, when within an enclosed area or building, shall not be considered as junk.

Kennel, commercial, means any place where four or more of any type of domestic pets over four months of age are boarded, bred, trained, or offered for sale.

Kennel, private, means any place where any type of domestic pets over four months of age are owned by any member of the household.

Land alteration means the excavation or grading of land involving movement of earth and materials in excess of 500 cubic yards.

Land reclamation means the reclaiming of land by depositing materials so as to elevate the grade; depositing of a total of more than 400 cubic yards of material per lot or parcel, either by hauling in or grading.

Landscaping means planting trees, shrubs, and turf covers such as grasses and shrubs.

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

Loading space means a space accessible from a street, alley, or way in or outside of a building for the use of trucks while loading and unloading merchandise or materials.

Lodging room means a room rented as sleeping and living quarters but without cooking facilities. In a suite of rooms without cooking facilities, each room that provides sleeping accommodations shall be counted as one lodging room.

Lot means a parcel of land, designated by metes and bounds, registered land survey, plat, or other means, whose description is either recorded in the office of the county recorder or registrar of titles or used by the county treasurer or county assessor to separate such parcel from other lands for tax purposes.

Lot area means the area of a horizontal plane within the lot lines.

Lot area, minimum per dwelling unit, means the minimum number of square feet or acres of lot area required per dwelling unit.

Lot, buildable, means a lot that meets or exceeds all requirements of the city land use and development codes without the necessity of variances.

Lot, corner, means a lot situated at the junction of and abutting on two or more intersecting streets, or a lot at the point of a deflection in alignment of a single street, the interior angle of which does not exceed 135 degrees.

Lot coverage means the percentage of lot area occupied by buildings and accessory buildings; concrete patios or decks not covered with a roof, ground mounted solar energy systems, and swimming pools shall not be considered as buildings for the purpose of this definition.

Lot depth means the mean horizontal distance between the front and rear lines of a lot.

Lot, interior, means a lot other than a corner lot, including through lots.

Lot line means a lot line is the property line bounding a lot, except where any portion of a lot extends into a public right-of-way, the line of such public right-of-way shall be the lot line.

Lot line, front, means the boundary of a lot that abuts a public street or private road. In the case of a corner lot, it shall be the shortest dimension on a public street. If the dimensions of a corner lot are equal, the front lot line shall be designated by the city engineer. In the case of a corner lot in a nonresidential area, the lot shall be deemed to have frontage on both streets.

Lot line, rear, means the boundary of a lot that is opposite to the front lot line. If the rear lot line is less than ten feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line ten feet in length within the lot parallel to and at the maximum distance from the front lot line.

Lot line, side, means any boundary of a lot that is not a front lot line or a rear lot line.

Lot line, zero, means that side lot line against which is placed a building, if and when approved by the city council.

Lot of record means a parcel of land created by a plat, deed, or similar instrument, which has had the same dimensions since at least May 1, 1967, with those dimensions being shown on a document or map on file with the county recorder. It shall also mean any parcel that was lawfully created by a subdivision approved by the City Council after May 1, 1967 that was deemed a buildable lot as part of the subdivision approval.

Lot, through, means any lot other than a corner lot that abuts more than one street. On a through lot, all the street lines shall be considered the front lines unless otherwise approved by the city engineer.

Lot, through or double frontage, means as defined in this section, and also referring to a lake or stream frontage lot having a public road as one lot line and a water body at the opposite lot line.

Lot width means the horizontal distance between the side lot lines of a lot measured at the front setback line.

Manufacturing means all uses that include the compounding, processing, packaging, treatment, or assembly of products and materials; provided such use will not generate objectionable influences that extend beyond the lot on which the use is located.

Manure means any solid or liquid containing animal excrement.

Medical uses means uses concerned with the diagnosis, treatment, and care of human beings. These include hospitals, dental services, medical services or clinics, nursing or convalescent homes, orphans' homes, rest homes, and sanitariums.

Mining means the extraction of sand, gravel, rock, soil, sod or other material from the land and the removal thereof from the site. For the purposes of this chapter, mining shall not include the removal of materials associated with the construction of a building, the removal of excess materials in accordance with approved plats, or utility and road construction.

Mobile home (including manufactured homes) means a single-family detached dwelling unit designed for year-round occupancy, constructed at a factory or assembly plant and drawn to the site on an attached undercarriage and wheels. "Mobile home" shall not include "recreation vehicle," as herein defined, nor shall it include modular or prefabricated dwelling units that meet or exceed the requirements of the state building code.

Mobile home lot means a parcel of land for the placement of a single mobile home for the exclusive use of said mobile home.

Mobile home park means any site or tract of land designed, maintained, or intended for the placement of a single mobile home for the exclusive use of said mobile home.

Modular or prefabricated home means a dwelling unit for year-round occupancy constructed or fabricated at a central factory and transported to a building site where final installations are made permanently affixing the dwelling unit to the site. Said dwelling unit shall be equivalent to a unit constructed on the site meeting all requirements of the state building code.

Money transmitting business means a person, business or organization other than the United States Postal Service that provides money transmitting or remittance services or issues or redeems money orders, travelers' checks and other similar instruments or who engages in the transmission of funds, including a person, firm, association, corporation or partnership an informal money transfer system or any network of people who engage as a business in facilitating the transfer of money domestically or internationally outside of the conventional financial institutions system and is not a depository institution.

Money transmitting service means a service that includes accepting currency or funds denominated in the currency of any county and transmitting the currency or funds, or the value of the currency or funds, by any means through a financial agency or institution, a federal reserve bank or other facility of the Board of Governors of the Federal Reserve System, or an electronic funds transfer network.

Motor courts, motor hotel, or motel means a building or group of buildings other than a hotel used primarily as a temporary residence of a motorist.

Motor freight terminal means a building or area in which freight brought by motor truck is transferred and/or stored for movement by motor truck.

Motor vehicle means any vehicle that is self-propelled or designed to be pushed or pulled and shall include, but not be limited to, automobiles, buses, motor bikes, motorcycles, motor scooters, trucks, tractors, go-carts, golf carts, campers, trailers, boats, planes, and gliders.

Nonconforming use, lot, or buildings means any legal use or lot already in existence, recorded, or authorized before the adoption of the ordinance from which this chapter is derived, or amendments thereto, that would not have been permitted to become established under terms of the zoning code as now adopted. A nonconforming building is one which does not meet the minimum height, bulk, density, and yard requirements of this chapter; a nonconforming building or structure or portion thereof which is or hereafter becomes vacant and remains unoccupied for a continuous period of one year shall be deemed abandoned and shall not thereafter be used.

(1)

In any R-1, R-2, R-3 and R-4 district, a legally existing two or more family residential use shall not be nonconforming as to use of structure and land and may be enlarged, extended, reconstructed or altered, provided no additional dwelling units are added on the lot and that the yard setback and percent of land use requirements of the district in which that use is a permitted use are met.

(2)

In any C-1, CGMU, MMM or GB district, existing residential uses shall not be nonconforming as to use of structure and land and may be enlarged, extended, reconstructed or altered, provided that no additional dwelling units are added on the lot and that the minimum requirements of the R-2 district are met.

Noxious matter means material that is capable of causing injury or is in any way harmful to living organisms or which is capable of causing detrimental effects upon the physical or mental health of human beings.

Nursery, landscape, means a business growing and selling trees, flowering and decorative plants, and shrubs which may be conducted within a building or without.

Nursing home means a building with facilities for the care of children, the aged, infirm, or place of rest for those suffering bodily disorder.

Office uses means the commercial activities that take place in office buildings, where goods are not produced, sold, or repaired. These shall include, but are not limited to, banks, professional offices, governmental offices, insurance offices, real estate offices, telephone exchanges, utility offices, radio broadcasting, cannabis event organizers' offices, and similar uses.

Official control means legislatively defined and enacted policies, standards, detailed maps, and other criteria, all of which control the physical development of a municipality or a county or any part or detail thereof and the means of translating into codes and ordinances all or any part of the general objectives of the comprehensive municipal plan. Such official controls may include, but are not limited to, codes and ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes, housing codes, and official maps.

Official map means a map adopted in accordance with the provisions of Minn. Stat. § 462.359.

Open sales lot means land devoted to the display of goods for sale, rent, lease, or trade where such goods are not enclosed within a building.

Open storage means storage of any material outside a building.

Oversized recreational vehicle means any recreational vehicle more than 23 feet in length or more than 9,000 pounds in empty weight.

Owner includes all persons having an interest as fee simple owner, life estate holder, encumbrancer, contract for deed vendee, or otherwise.

Parking space means a suitably surfaced and permanently maintained area on privately owned property, either within or outside of a building, of sufficient size to store one standard automobile with perpetual ingress and egress.

Passenger vehicle means any motor vehicle designed and used for carrying not more than 15 individuals, including the driver. A passenger vehicle includes a pickup truck, van and self-propelled recreational vehicle for use on the public streets or highways. A passenger vehicle does not include a bus, school bus, commuter van, box truck, semitractor, farm truck, or a vehicle designed to operate exclusively on a railroad track.

Pedestrian way means a public or private right-of-way across or within a block or tract, to be used by pedestrians; this shall include trails and skyways.

Performance standards means the requirements of article V, division 2 of this chapter and the requirements of the applicable zoning district.

Pergola means a structure usually consisting of parallel colonnades supporting an open of girders and cross rafters used for recreational purposes. Attached pergolas shall be subject to the same setback requirements as attached decks while detached pergolas shall be considered detached accessory structures when determining height and setback requirements. A detached pergola shall not count towards the total limit on the number of detached accessory structures that are permitted on a property. Pergolas do count towards total lot coverage.

Personal wireless services or PWS means commercial wireless services, including cellular, personal communication services, specialized mobilized radio, enhanced specialized mobilized radio, paging, and similar services that are marketed to the general public.

Pet grooming means services provided to domestic pet animals including, but not limited to, clipping, bathing and related services, and excluding veterinary services. This definition shall include commercial self-service pet wash facilities.

Pet store means a retail store featuring the care, exhibition for sale, sale or purchase of live dogs, cats, rabbits or other small animals, or any birds, reptiles or fish. It may also refer to a store where pet supplies and equipment are sold, with or without the sale of live animals. This definition shall not include veterinary clinics, commercial kennels, pet grooming, or pet training.

Planned unit development. Planned unit development (PUD) is a zoning procedure whereby a conditional use permit is issued for a land area that is designed and regulated as a unit and granted flexibility from certain subdivision and zoning regulations. A planned unit development may consist of a single building or multiple buildings and it may apply to a single lot or multiple lots which may be under single or multiple ownership. A planned unit development may include multiple land uses.

Planning agency means a planning commission or department, however created, or the office of any official designated as such by the city council, together with any staff members, employees, or consultants.

Planning commission means the duly appointed planning commission of the city.

Porches (covered but open porches) means a covered area adjoining an entrance to a building and usually having a separate roof.

Portico means a row of columns supporting a roof around or at the entrance of a building.

Principal structureor use means the use or structure that constitutes the predominant use as contrasted to accessory use or structure.

Protective or restrictive covenant means a contract entered into between private parties that constitutes a restriction of the use of a particular parcel or property.

Public land means land owned and/or operated by a governmental unit, such as the county, state, or city, including school and other special districts.

Racetrack means any area where one or more animals or power-driven vehicles are raced for profit or pleasure.

Reception or meeting hall (also known as a rental hall or a banquet hall) means a building, facility, room, or portion thereof, which is rented, leased or otherwise made available to any person or group for a private event or function, that is not open to the general public, whether or not a fee is charged.

Recreation equipment means play apparatus such as swing sets and slides, sandboxes, poles for nets, unoccupied boats and trailers not exceeding 25 feet in length, picnic tables, lawn chairs, barbecue stands, and similar equipment or structures, but not including tree houses, swimming pools, playhouses exceeding 25 square feet in floor area, or sheds utilized for storage of equipment.

Recreation vehicle park means a park, court, campsite, lot, parcel, or tract of land designed, maintained, or intended for the purpose of supplying the location or accommodations for two or more recreation vehicles, upon which said recreation vehicles are parked. The term "recreation vehicle park" shall include all buildings used or intended for use as part of the equipment thereof, whether a charge is made for the use of the park and its facilities or not.

Recreational vehicle means any self-propelled vehicle or any vehicle drawn by a self-propelled vehicle which is used for recreational or vacation activities and is not used as the residence of the owner or occupant. Recreational vehicles include, but are not limited to, snowmobiles, trail bikes or other all-terrain vehicles, hovercrafts, trailers, campers, motor homes, tent trailers, boats, personal watercrafts or motor vehicles licensed for highway operation which are being used for off-road recreational purposes.

Required setback means a yard extending across the front of the lot between the side yard lines and lying between the front line of the lot and the nearest exterior wall of the principal building.

Research means medical, chemical, electrical, metallurgical, or other scientific research and quality control conducted in accordance with the provisions of this chapter.

Residential care facility, state-licensed means a living unit providing 24-hour care established primarily for the accommodation and treatment of persons who are diagnosed with mental illness, a developmental disability, a physical disability or chemical dependency.

Residential district. See sections 118-121 through 118-125 for description and permitted uses.

Resort means any structure or group of structures containing more than two dwelling units or separate living quarters designed or intended to serve as seasonal or temporary dwellings on a rental or lease basis for profit with the primary purposes being recreational in nature. Uses may include a grocery for guests only, fish cleaning house, marine service, boat landing and rental, recreational area and equipment, and similar uses normally associated with a resort operation.

Retail business uses means stores and shops selling goods or personal services directly to the customer and consumer, including, without limitation, antiques, art and school supplies, auto accessories, bakeries, barbershops, beauty parlors, bicycles, books and stationary, candy, cameras and photographic supplies, carpets and rugs, catering establishments, china and glassware, clothes pressing, clothing and costume rental, custom dressmaking, department stores and junior department stores, drugs, grocery, electrical and household appliance sales and repair, financial institutions, florist, food, furniture, furrier shops, garden and lawn supplies (year-round operation only and within a building), gifts, hardware, hats, hobby shops for retail of items to be assembled or used away from the premises, hotels and apartment hotels, interior decorating, jewelry (including repair), laboratories, medical and dental research and testing, motels, laundry and dry cleaning pickup (processing to be done elsewhere), laundromat, leather goods and luggage, locksmith shops, musical instruments, office supplies and equipment, paint and wallpaper, optometrists, phonograph records, photography studios, professional offices, restaurant when no entertainment or dancing is provided, shoes, sporting goods, tailoring, theater but not including open air drive-ins, tobacco, toys, variety stores, wearing apparel, video rentals and sales, health clubs, and similar type uses.

Roadside sales stand means a structure used only for the display and sale of products on a seasonal basis with no space for customers within the structure.

Setback means the minimum horizontal distance between the exterior walls of the structure and street right-of-way line, lot line, or other reference point provided by this chapter. Distances are to be measured perpendicularly from the applicable line to the most outwardly extended portion of the structure.

Shopping center means an integrated and coordinated commercial development composed of a complex of retail sales and service facilities grouped together and having an adjacent common parking area.

Sidewalk café means a grouping of tables, chairs and related items located wholly or partially within a public sidewalk or right-of-way for the purposes of service and consumption of food and beverages by patrons, when located immediately adjacent to a food and beverage service establishment having a common operator.

Sign. See article VI of this chapter.

Solar means rays from the sun.

Stockyard means a place with pens, sheds, or other structures for the keeping of livestock, (domestic farm animals) before being bought, shipped to market, sold at auction, or slaughtered, meeting all applicable state and city standards and regulations governing pollution control.

Story means as defined in the latest edition of the state building code.

Street means a public right-of-way that affords a primary means of access to abutting property. Types of streets are defined as follows, or as designated in the comprehensive municipal plan, and as approved by the city engineer.

(1)

Access street or service road are minor streets which are parallel or intersect arterial streets and highways and provide access to abutting properties and protection from through traffic;

(2)

Alley is a minor way that is used primarily for vehicular service or secondary access to the back or side of properties that also abut on a street;

(3)

Arterial street is a street or highway designed to route large volumes of traffic through or around the city;

(4)

Collector street is a street that links the major arterial system and provides for access and local through traffic movements within residential, commercial, and industrial areas;

(5)

Cul-de-sac is a street or alley open only at one end;

(6)

Local street is a street designated to provide access to abutting property and leading into collector streets;

(7)

Major streetorthoroughfare is a street that serves or is designed to serve heavy flows of traffic and which is used primarily as a route between neighborhoods and other heavy traffic-generating areas;

(8)

Minor street is a street intended to serve primarily as an access to abutting properties;

(9)

Street line is the line representing the extent of the right-of-way on a public road;

(10)

Street pavement is the wearing or exposed surface of the roadway used by vehicular traffic. Street pavement width shall be as measured from face of curbs or curb and gutter when provided;

(11)

Street right-of-way is the width of the dedicated property for street purposes, the width being measured from property line to property line.

Structural alteration means any change other than incidental repairs that would affect the supporting members of a building, such as bearing walls, columns, beams, girders, or foundations.

Subdivision means a described tract of land that is to be or has been divided into two or more lots or parcels for the purpose of transfer of ownership, building development, or for tax assessment purposes. The term includes resubdivision and, where appropriate to the context, relates to either the process of subdividing, to the land subdivided, or to the development for which it is being subdivided.

Substandard structures. See section 118-9 and sections 118-65 through 118-68.

Supper club means a building with facilities for the preparation and serving of meals and where meals are regularly served at tables to the general public. The building must be of sufficient size and design to permit the serving of meals to not less than 40 people at one time. Intoxicating liquors may be sold on-sale, and live entertainment and dancing may be permitted.

Swimming pool means any structure intended for swimming, wading or bathing containing water over 24 inches in depth, including spas and hot tubs.

Tavern or bar means a building with facilities for the serving and consumption on the premises of 3.2 percent malt liquor, wine, and set-ups.

Temporary pool means any swimming pool constructed on or above the ground for seasonal use that is able to be readily disassembled for storage and reassembled to its original integrity.

Tower means any ground- or roof-mounted pole, spire structure, or combination thereof, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above ground.

Transportation terminal means truck, taxi, bus, train, and mass transit terminal and storage area, including motor freight (solid or liquid) terminal.

Trellis means a frame of latticework used as a screen or as a support for climbing plants.

Truck stop means a motor fuel station devoted primarily to the needs of tractor trailer units and trucks and which may contain eating and sleeping facilities.

Use. See division 2 of article II of this chapter.

Use, accessory, means a use subordinate to and serving the principal use or structure on the same lot and customarily incidental to such principal use.

Use, conditional. See Conditional use.

Use, nonconforming. See division 2 of article II of this chapter.

Use, open, means the use of land without a building or including a building incidental to the open use.

Use, principal. See Principal structure or use.

Use, substandard. See division 2 of article II of this chapter.

Variance means a legally permitted deviation from the literal requirements of this chapter. Variances may be granted by the city council where strict enforcement would cause undue hardship or because of circumstances unique to the individual property under consideration, and the granting of the variance will be in keeping with the spirit and intent of this chapter. The term "undue hardship," for purposes of this definition, means the property cannot be put to reasonable use if used under conditions allowed by this chapter; the plight of the landowner is due to circumstances unique to the property not created by the landowner, including inadequate access to direct sunlight for solar energy systems, and granting the variance will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable uses for the property exist under the provisions of this chapter.

Vehicle means every device in, upon, or by which, any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.

Vehicle repair means general repair, rebuilding, or recondition of engines, motor vehicles, or trailers, including body work, framework, welding, and major painting services.

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

Veterinary use means a use concerned with the diagnosis, treatment, and medical care of animals, including animal or veterinary hospitals.

Warehouse means the storage, packing, and crating of materials or equipment within an enclosed building or structure awaiting shipment to other premises.

Wholesaling means the selling of goods, equipment, and materials by bulk to another person who in turn sells the same to customers.

Yard, front setback, means a yard extending across the front of the lot between the side yard lines and lying between the side yard lines and the nearest exterior wall of the principal building.

Yard, rear setback, means a yard extending across the rear of the lot between the side yard lines and lying between the rear line of the lot and the nearest exterior wall of the principal building.

Yard, side setback, means a yard between the side line of the lot and the nearest exterior wall of the principal building.

Zoning administrator means the city planner or their designee.

Zoning district means an area or areas within the city in which the regulations and requirements of this chapter are uniform.

(Code 1992, § 1500.03, subd. 14; Ord. No. 1162, § 1, 4-18-2005; Ord. No. 1194, §§ 1, 2, 9-4-2007; Ord. No. 1234, § 2, 9-20-2010; Ord. No. 1263, § 3, 11-19-2012; Ord. No. 1278, § 2, 12-16-2013; Ord. No. 1306, § 1, 7-5-2016; Ord. No. 1318, §§ 1, 2, 6-5-2017; Ord. No. 1321, § 1, 9-18-2017; Ord. No. 1326, § 1, 10-16-2017; Ord. No. 1341, § 1, 4-16-2018; Ord. No. 1357, § 1, 6-1-2020; Ord. No. 1363, § 2, 9-8-2020; Ord. No. 1365, § 1, 9-21-2020; Ord. No. 1376, § 3, 4-5-2021; Ord. No. 1379, § 1, 5-3-2021; Ord. No. 1382, § 1, 7-20-2021; Ord. No. 1385, § 3, 11-1-2021; Ord. No. 1391, § 2, 3-21-2022; Ord. No. 1397, § 1, 8-15-2022; Ord. No. 1411, § 6, 8-21-2023; Ord. No. 1415, § 2, 9-8-2023; Ord. No. 1417, § 3, 1-16-2024; Ord. No. 1418, § 1, 2-5-2024; Ord. No. 1422, § 2, 3-18-2024; Ord. No. 1424, § 3, 5-20-2024; Ord. No. 1425, § 1, 5-20-2024; Ord. No. 1428 , § 3, 12-16-2024; Ord. No. 1431, § 5, 2-3-2025)

(a)

General requirements. In all zoning districts, all principal buildings other than one- and two-family dwellings must be designed or approved by a registered architect or engineer. A building permit shall not be issued where the materials, scale, bulk or character of a structure, house or buildings is so [as] similar or dissimilar to other structures, houses or buildings in the vicinity as to result in depreciation of property values or the degradation of the environment in the area. However, a denial of such a building permit must be ratified by the city council.

(b)

Residential structures. In addition to the requirements contained in each section of the Code relating to the specific zoning districts:

(1)

For all residential buildings in all zoning districts:

a.

Garage-forward design is restricted: No attached garage may extend more than eight feet closer to the front property line than the façade of the habitable portion of the dwelling. The expansion of an existing attached garage that is lawful nonconforming with this requirement may be allowed with the same setback from the front property line as the existing garage provided:

1.

All other zoning requirements must be met.

2.

The expansion must not result in a garage that is more than three stalls wide. If the garage is being made three stalls wide, the third stall must be set back at least an additional two feet from the front property line.

3.

The garage must include windows in the vehicle entrance doors, one or more windows above the vehicle entrance doors, or a different architectural treatment that diminishes the visual impact of the garage doors.

b.

Additional standards for attached garages: Garage doors that face a public street shall be no more than nine feet in height. Garage doors that face the front property line shall not exceed 60 percent of the total width of the principal structure facing the front property line. These requirements shall not apply to an attached garage located in a rear yard.

(2)

For districts R-1, R-2, R-3, and R-4, the following standards shall apply for single- family detached dwellings:

a.

Minimum roof pitch: The pitch of the main roof shall be not less than two and one-half feet of rise for each 12 feet of horizontal run. This requirement may be waived for earth sheltered structures.

b.

Placement: Every single-family dwelling shall be placed so that the apparent entrance or front of the home faces or parallels the principal street frontage, except where the lot size exceeds one acre.

c.

Foundations: Every dwelling shall be placed on a permanent foundation in compliance with the State Building Code as adopted by the city.

(c)

Nonresidential structures.

(1)

Purpose. The purpose of this subsection (c) is to establish minimum standards for exterior architecture of nonresidential structures. To ensure high quality development, redevelopment, and compatibility with evolving architectural or planning themes that contributes to the community's image of quality, visual aesthetics, permanence and stability are in the best interest of the citizens in the city. These standards are intended to prevent use of materials that are unsightly, rapidly deteriorate, contribute to depreciation of area property values, or cause urban blight. These standards are further intended to ensure coordinated design of building exteriors, additions and accessory structure exteriors in order to prevent visual disharmony, minimize adverse impacts on adjacent properties from buildings which are or may become unsightly, and buildings that detract from the character and appearance of the area. It is not the intent of this subsection to unduly restrict design freedom when reviewing and approving project architecture in relationship to the proposed land use, site characteristics and interior building layout.

(2)

Application of provisions. This subsection (c) applies to all nonresidential buildings, additions, exterior remodeling and accessory structures in the GB: general business, I-1: light industrial, and I: industrial zoning districts, unless different exterior materials are specifically approved as part of an overall planned unit development (PUD) that creates a theme or blends with other elements of approved plans.

(3)

Minimum submission requirements. A building permit applicant must submit the following:

a.

Elevations and dimensions of all sides of existing and proposed buildings, including roof mechanical equipment, vents, chimneys, or other projecting items above the roofline.

b.

Elevations and dimensions of all existing or proposed solid waste and recycling containment areas.

c.

Detailed exterior descriptions, including type and color of all exterior building materials, awnings, exterior lighting, mechanical screening material, fencing, metal flashing and the like.

d.

In order to aid in evaluating the exterior design, the applicant must submit schematic floor plans showing, if applicable, window locations, doors, loading docks, projected interior layouts, seating, bar areas, waiting areas, vestibules, storage areas, food preparation areas, interior trash or recycling space and the like.

e.

Heating, air conditioning and ventilating and electrical equipment heights, locations and screening materials.

f.

Colored renderings, exterior building and finish material samples and color pallets.

g.

Schematic attached sign package that meets the sign ordinance.

h.

Other information as required.

(4)

Exterior design standards. Exterior surface materials of buildings are subject to the following:

a.

Classes of materials: For the purpose of this subsection, materials are divided into Class I, Class II, Class III, Class IV, and Class V categories as described below:

b.

Incorporation of materials: Buildings must incorporate classes of materials in the following manner:

1.

Office, commercial, and institutional buildings: Must use at least two different Class I materials and be composed of at least 60 percent, Class I materials, not more than 40 percent, Class II or III materials, and not more than ten percent of Class IV materials.

i.

Buildings within the CGMU and MMM zoning districts shall comply with the standards as established in subsections 118-125(h) and 118-127.

2.

Industrial and warehouse buildings: Must use at least two different Class I or II materials and be composed of at least 60 percent, Class I or Class II materials, not more than 40 percent, Class III or IV materials, and in no case shall Class IV materials exceed ten percent.

i.

Industrial and warehouse buildings located South of Richmond Street and East of Schumacher Road: Must utilize at least 75 percent, Class I, Class II, or Class III materials. Buildings shall be constructed of a vertical finish made of noncombustible, nondegradable, and low maintenance construction material. No more than 25 percent of the finish of the exterior, exposed walls of any newly constructed building may be finished with Class IV and V materials.

a.

A fabric canopy structure of 10,000 square feet or less, which is a Class V exterior building material under this section, may be permitted as the primary building material for an accessory building used exclusively for the storage of salt or sand. The structure shall require review through an interim use permit (IUP).

3.

The exterior wall of any office, commercial, or institutional buildings visible from a highway, public street, park or public view from adjacent properties, or a residential use or district must be composed of at least 60 percent, Class I materials. Exterior walls with limited public exposure may use combinations of Class II, III, IV, or V materials, and in no case shall Class V materials exceed ten percent.

4.

The exterior wall of any industrial or warehouse buildings visible from a highway, public street, park or public view from adjacent properties, or a residential use or district must be composed of at least 75 percent, Class I or II materials. Exterior walls with limited public exposure may use combinations of Class II, III, IV, or V materials, and in no case shall Class V materials exceed ten percent.

5.

Buildings within the I zoning district which are within the boundaries of the South St. Paul Fleming Field Airport shall comply with the following:

i.

Such buildings may utilize Class V materials. Buildings shall be constructed of a vertical finish made of noncombustible, nondegradable, and low maintenance construction material.

ii.

At least one-third of any principal building façade that faces a public street (excluding alleys) shall be constructed of nonmetal material such as masonry, stone, brick, concrete, or wood. The remaining two-thirds of any building façade that faces a public street (excluding alleys) may be metal but shall at a minimum have a textured finish to resemble stucco or a similar surface.

iii.

Metal walls shall include ribbed or fluted metal panels and metal curtain walls meeting all requirements of the Uniform Building Code. Covered fasteners shall be used. The use of corrugated panels with a depth of less than three-quarter-inch or a thickness less than U.S. Standard 26-gauge are prohibited.

iv.

Walls subject to damage from the outside by vehicles shall be protected by landscaped areas, curbs, stops, or other permanent barriers. The appearance of these barriers shall be coordinated with the building to maintain a unified and attractive overall appearance.

v.

The materials and finishes of exposed roofs shall complement those used for the exterior walls. Exposed roofs shall be defined as that portion of a roof visible from ground level up to a maximum of 500 yards away. Exposed steel roofs shall be of aluminized steel, Galvalum, or other treatments considered equivalent in that industry. Any exposed roof fasteners shall be made of stainless steel.

vi.

The use of unpainted metal panels, excluding panels made of copper or stainless steel, is prohibited. The color finish of metal panels shall have extended durability with high resistance to fade and chalk.

vii.

The exposed walls and roofs shall be maintained in a clean, orderly, and attractive condition, free of cracks, dents, punctures, breakage, and other forms of visible marring. Materials that become excessively faded, chalked, or otherwise deteriorated shall be refinished or repainted. "Excessively faded" shall be defined as a color change exceeding seven delta (hunter) units under ASTM D2244. "Excessively chalked" shall be defined as a chalk in excess of ASTM D759 number six rating.

viii.

Metal hangar buildings at the South St. Paul Fleming Field Airport shall meet the following performance standards:

a)

Compliance with minimum architectural design standards as adopted by the council for the airport.

b)

Soffits are required to be a minimum of twelve inches.

c)

Gable overhangs are required to be a minimum of twelve inches.

d)

Wainscot is required at the base of all hangar sides to a minimum of 42 inches in height and a maximum of 48 inches.

e)

Colors are restricted to the following:

• Roof—White

• Building—Beige

• Wainscot, soffit, fascia, overhangs and trim—Evergreen, vintage burgundy, or slate blue

6.

Buildings in nonresidential zoning districts that are not office, commercial, institutional, industrial or warehouse uses must conform to the exterior finish materials and proportions of office, commercial, or institutional buildings unless otherwise approved by the city council.

7.

The use of Class II, III, IV, or V materials must be distributed throughout the exterior of a building unless the city agrees that materials consolidated on more visible locations provide the most positive architectural appeal to the general public.

8.

Expansion or enlargement of nonconforming buildings.

i.

For purpose of this subsection, the total square feet of the existing nonconforming building shall be determined as the total size of the existing building that existed on the effective date of this section. The total square feet or percentage of any and all expansions to an existing nonconforming building as of the effective date of this section shall be aggregated for purposes of calculating the size or percentage of the total expansion to the original building existing on that date.

ii.

Expansion or enlargement of nonconforming metal-sided buildings. In the event a building that is an existing nonconforming metal-sided building on the effective date of this section is enlarged or expanded and the expansion is 10,000 square feet or less or 50 percent or less in size by total square feet of the existing nonconforming metal building, the expansion structure need not comply with the provisions of this subsection (c), but any exterior exposed side or surface of the expansion structure shall be constructed of identical material and color to the existing nonconforming building. In the event the expansion or enlargement is more than 10,000 square feet or 50 percent in size by total square feet of the existing nonconforming metal building, the expansion structure must comply with the provisions of this subsection (c).

iii.

Expansion or enlargement of other nonconforming buildings. In the event any existing nonconforming building is enlarged or expanded, and the expansion is 10,000 square feet or less or 50 percent or less in size by total square feet of the existing nonconforming building, the expansion to the existing nonconforming structure shall be constructed of compatible material and color to the existing nonconforming structure. In the event the expansion or enlargement is more than 10,000 square feet or 50 percent in size by total square feet of the existing nonconforming building, the expansion must comply with the provisions of this subsection (c).

9.

A distinctively different color of brick may be considered as a second Class I material. However, minor blended color variations must not be considered as a separate material.

10.

To be counted as a primary material the product must comprise at least five percent of the exterior wall.

c.

Use of primarily Class I material. Buildings may be constructed primarily of one specific Class I material, provided the design is obviously superior to the general intent of this subsection, provides variation in detailing, footprint of the structure or deviations in long wall sections to provide visual interest.

d.

Garage doors, etc. Garage doors, window trim, flashing accent items and the like do not constitute the required materials that make up the exterior of a building.

e.

Exposed roof materials. Exposed roof materials must be similar to, or an architectural equivalent of a 300-pound or better asphalt or fiberglass shingle, wooden shingle, standing seam metal roof or better.

f.

Bright accent colors. Bright accent colors (i.e., orange, bright yellow, or fluorescent colors) for cloth or metal awnings, trim, banding, entries or any portion of the building must not exceed five percent of each wall area.

g.

Equipment screening. Equipment used for mechanical, processing, bulk storage tanks, or equipment used for suppressing noise, odors and the like that protrudes from a side of a building or is located on the ground adjacent to a building must be screened from public view as much as practical with materials matching the design of the building. Where miscellaneous exterior equipment cannot be fully screened with matching building materials, landscaping may be used as additional screening.

h.

Face brick. Face brick must be a fired clay brick material of at least three and one-half-inch width, two and one-fourth-inch height, and 11½ inches long.

i.

Decorative concrete block or brick. Any decorative concrete block or brick material may be colored only by means of a pigment impregnated throughout the entire block or brick (not including natural gray).

(5)

Other requirements.

a.

Building construction and design may be used to create a structure with equally attractive sides, except for those instances specified in this subsection (c).

b.

Primary building entrances may be clearly defined to promote visual interest and architectural presence.

c.

Large, uninterrupted expanses of a single material may not be permitted, unless the design is obviously superior to the intent of this chapter as determined by the city council.

d.

No wall that faces a public right of way, parks, the public view from adjacent properties or a residential use or district may have an uninterrupted length exceeding 100 feet without including at least two of the following: Change in plane, change in texture or masonry pattern, windows, or an equivalent element that subdivides the wall into human scale proportions.

(Code 1992, § 1500.05, subd. 6; Ord. No. 1221, § 2, 11-2-2009; Ord. No. 1272, § 1, 8-19-2013; Ord. No. 1274, § 1, 9-16-2013; Ord. No. 1385, § 3, 11-1-2021; Ord. No. 1411, § 4, 8-21-2023; Ord. No. 1424, § 4, 5-20-2024)

Before a final plat is approved by the council, the subdivider may be required to submit an agreement and performance bond or cash escrow agreements to ensure the following:

(1)

Payment of the cost of improvements required in the subdivision and the subdivision's share of the costs of the trunk facilities to be extended to the subdivision.

(2)

Guaranteed completion of the required improvements within a two-year period.

(3)

Payment by the subdivider of all costs incurred by the city for review and inspection, including preparation and review of the plans and specifications by the engineer, the planning consultant, if any, as set forth previously in this section, and costs incurred by the city attorney, as well as other costs of a similar nature. This payment is in addition to the subdivision fee paid with the submission of the preliminary plan. The city may elect to install any of the required improvements under the terms of a cash escrow agreement. The performance bond or cash escrow agreement must be equal to 125 percent of the engineer's estimated cost of the required improvements. If the required improvements are not complete within the two-year period, all amounts held under the escrow agreement or performance bond will be turned over and delivered to the city and applied to the cost of the required improvements. Any balance remaining after the improvements have been made will be returned to the subdivider.

(Code 1992, § 505.19)