Spring Park City Zoning Code

ARTICLE VIII

ESTABLISHMENT OF ZONING CLASSIFICATIONS

Sec. 42-250. - Establishment of districts.

The following classifications are hereby established within the city:

(1)

Residential districts.

R-1, Single- and Two-Family Residential district.

R-2, Medium Density Residential district.

R-3, High Density Residential district.

(2)

Commercial districts.

C-1, General Commercial district.

C-2, Shopping Center district.

C-3, Health Care Facility district.

C-4, Office Commercial district.

(3)

Industrial districts. M, Manufacturing district.

(4)

Special districts.

P, Public Use district.

FP, Floodplain Overlay district.

W, Wetland Systems district.

(Ord. No. 62, § 11(Subd. A), 9-13-1993)

Sec. 42-251. - Shoreland classification system.

The public waters of Spring Park have been classified below consistent with the criteria found in Minnesota Rules, part 6120.3300, and the Protected Waters Inventory Map for Hennepin County, Minnesota.

(a)

Lakes.

1.	General Development Lakes	Protected Waters Inventory ID #
	Lake Minnetonka	27-133

(Ord. No. 62, § 11(Subd. B), 9-13-1993)

Sec. 42-252. - Map.

The location and boundaries of the districts established by this chapter are hereby set forth on the zoning map entitled "Zoning Map of Spring Park". Said map shall remain on file with the zoning administrator, and hereinafter be referred to as the "zoning map", which map and all of the notations, references and other information shown thereon shall have the same force and effect as if fully set forth herein and thereby made a part of this chapter. All lands within the city lie within the shoreland of protected waters as identified on the Protected Waters Inventory Map for Hennepin County, Minnesota.

(Ord. No. 62, § 11(Subd. C), 9-13-1993)

Sec. 42-253. - Zoning district boundaries.

Zoning district boundary lines of this chapter follow lot lines, railroad right-of-way lines, the center of water courses or the corporate limit lines, all as they exist upon the effective date of this chapter.

(1)

Appeals concerning the exact location of a zoning district boundary line shall be heard by the city council serving as the board of adjustments and appeals.

(2)

When any street, alley or other public right-of-way is vacated by official action of the city, the zoning district following the center line of said alley or other public right-of-way shall not be affected by such proceedings.

(Ord. No. 62, § 11(Subd. D), 9-13-1993)

Sec. 42-254. - Effect of progressive zoning.

Where, because of the progressive nature of zoning districts created by this chapter, a more-restrictive use is permitted to be placed or conducted in a less-restrictive district (e.g., a use specifically permitted in the R-1 district is also permitted in the R-2 district), the lot requirements, setback requirements and building requirements of such more restrictive use shall be fully applicable as if such use were located in the more-restrictive district.

(Ord. No. 62, § 11(Subd. E), 9-13-1993)

Sec. 42-275. - Purpose.

The purpose of the R-1, Single and Two-Family Residential district is to provide for low- and moderate-density one- and two-unit dwellings and directly related, complementary uses.

(Ord. No. 62, § 12(Subd. A), 9-13-1993)

Sec. 42-276. - Permitted uses.

The following are permitted uses in an R-1 district:

(1)

Single-family detached dwelling units.

(2)

Two-family dwelling units.

(3)

Essential services.

(Ord. No. 62, § 12(Subd. B), 9-13-1993)

Sec. 42-277. - Permitted accessory uses.

The following are permitted accessory uses in an R-1 district:

(1)

Private garages, parking spaces and carports for licensed and operable passenger cars and trucks not to exceed a gross weight of 12,000 pounds, as regulated by section 42-67 (Off-street parking). Private garages may be used to store the private passenger vehicles of the family or families resident upon the premises only, and no business, service or industry may be carried on therein. Such garage may also be used for the storage of one commercial vehicle per dwelling unit, provided that such vehicle is owned or operated by a resident of the dwelling unit to which the garage is accessory;

(2)

Recreational vehicles and equipment.

(3)

Noncommercial greenhouses and conservatories.

(4)

Swimming pool, tennis courts and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests.

(5)

Tool houses, sheds, and similar buildings for storage of domestic supplies and noncommercial recreational equipment.

(6)

Animal shelters for no more than two domestic animals belonging to the property owner or the property tenant.

(7)

Residential docks. Private docks and boat lifts are permitted accessory uses or permitted accessory equipment in the R-1 district subject to the following rules, regulations and conditions:

Docks and lifts must comply with all applicable rules and regulations of the Lake Minnetonka Conservation District ("LMCD"), including, but not limited to, rules and regulations regarding the number of restricted watercraft permitted at a dock;

Docks may be used for the mooring or storing of boats for the personal recreational use of the boat owners and their guests only; the mooring or storing of a boat or boats used in a commercial or business enterprise of any kind (including, but not limited to, guide services, fishing charters or other charter services, boat clubs, water taxis, docking services for boats stored off-site, or boat repair services) is not permitted at any dock accessory to a property located in a residential district; and

If a dock is used to moor or store a boat owned by persons other than the owner(s) or occupant(s) of the property, there must be sufficient off-street parking located on the property available for parking the cars of the owners and users of each such boat.

Violation of the rules, regulations and conditions contained in subsections a. through c. above may result in the imposition of administrative fines as set forth in chapter 11 of the Spring Park City Code.

(8)

Ground source heat pump systems as regulated by section 42-76 of this article.

(9)

Wind energy systems as regulated by section 42-76 of this article.

(10)

Solar energy systems as regulated by section 42-76 of this article.

(Ord. No. 62, § 12(Subd. C), 9-13-1993; Ord. No. 09-02, § II, 4-20-2009; Ord. No. 13-02, § 3, 9-16-2013)

Sec. 42-278. - Conditional uses.

The following are conditional uses in an R-1 district (requires a conditional use permit based upon procedures set forth in and regulated by article IV, division 2): Planned residential developments having not more than one principal building for each 10,000 square feet of lot area; nor more than two dwelling units per principal building, except as provided in section 42-66.

(Ord. No. 62, § 12(Subd. D), 9-13-1993)

Sec. 42-279. - Lot requirements and setbacks.

The following minimum requirements shall be observed in an R-1 district subject to additional requirements, exceptions and modifications set forth in this chapter:

(1)

Lot area.

Single-family detached dwelling units. 10,000 sq. ft.

Two-family dwelling units. 12,000 sq. ft.

(2)

Lot width. 50 feet.

(3)

Setbacks.

County or city public right-of-way. No less than 30 feet.

Side yard.

Interior lot line. No less than ten feet.

ii.

Side yard abutting a public right-of-way:

(A)

Principal and accessory building. No less than ten feet.

(B)

Garage/accessory building with doors parallel to the street to provide direct vehicle access from a side yard street. No less than 25 feet.

(C)

Garage/accessory building oriented on the lot so that the garage door is not parallel to the street to allow indirect vehicle access may be set back ten feet from the side yard lot line provided that the property can provide a driveway having a length of at least 25 feet, excluding the street right-of-way. Said driveway length shall be measured at the center line of the proposed driveway from the street right-of-way to the garage door.

Rear yard abutting another lot. No less than ten feet.

Ordinary high-water mark. No less than 50 feet.

Top of bluff. No less than 30 feet.

(4)

Lot coverage. Impervious surface coverage of lots within the R-1 districts shall not exceed 30 percent of the lot area, except as provided below:

Impervious surface lot coverage may be allowed to exceed 30 percent of lot area on an existing lot of record that falls below R-1 lot area and width standards subject to the following:

All structures, additions or expansions shall meet setback and other requirements of this chapter.

ii.

The lot shall be served with municipal sewer and water.

iii.

The amount of impervious surface does not exceed 3,000 square feet of area.

New construction, alterations, expansions and remodeling of structures on all lots may expand lot coverage up to 40 percent of actual lot area through the plan review process established in article IV, division 1, provided the following stipulations are met:

All structures, additions, or expansions shall meet setback and other requirements of this chapter.

ii.

The lot shall be served by municipal sewer and water.

iii.

The lot shall provide for the collection and treatment of stormwater in compliance with the city stormwater management plan if determined that the site improvements will result in increased runoff directly entering a public water. All development plans shall require review and approval by the city engineer. The property owner shall be responsible for installing one or more of the measures recommended by the city engineer to mitigate the impact of additional impervious surface. Plans must also be reviewed by the Minnehaha Creek watershed district when projects meet criteria requiring watershed district review and approval.

iv.

Measures to be taken for the treatment of stormwater runoff and/or prevention of stormwater from directly entering a public water. The measures may include, but not be limited to the following:

(A)

Installation of rain gardens, infiltration basins, or bio filtration basins should be considered for treatment of stormwater runoff from hard surfaces. Filtration basins should be considered if soil conditions are not favorable for infiltration.

(B)

Installation of erosion control devices, including silt fence, bio-rolls, erosion control blanket, and storm sewer inlet protection should be used.

(C)

Installation of oil-skimming devices and sump catch basins should be used to improve water quality.

(D)

Stormwater runoff from hard surfaces should be directed into pervious areas (grassed lawns or landscape beds) through site grading and use of gutters and downspouts.

(E)

Hard surfaces should be constructed using pervious pavement or pavers, or raised materials such as decking which has natural earth or other pervious material beneath or between the planking.

(F)

Grading and construction techniques should be implemented that encourage infiltration of stormwater runoff.

(G)

Installation of berms or basins should be considered to temporarily detain water before dispersing it into pervious area.

(5)

Building height. No structure shall exceed two and one-half stories or 35 feet, whichever is least.

(6)

Bluff impact zones. Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones.

(7)

Shore impact zones. Structures and accessory facilities except docks must not be placed within shore impact zones.

(Ord. No. 62, § 12(Subd. E), 9-13-1993; Ord. No. 62.06, § 1, 3-2-1998; Ord. No. 11-08, § 1, 12-19-2011; Ord. No. 13-02, § 2, 9-16-2013; Ord. No. 14-02, § 3, 6-16-2014)

Sec. 42-280. - Interim uses.

The following is the interim use in an R-1 district (requires an interim use permit based upon procedures set for in and regulated by article IV, division 4):

(1)

Short-term rental. Short-term rentals constitute a commercial use of residential property, which may conflict with the fundamental character of residential zoning districts. To ensure there is no disruption to the fundamental character of residential zoning districts an interim use permit for short-term rentals meeting all the following conditions is required is to ensure the public health, safety, and welfare of its citizens.

Lot requirements.

The lot must be located adjacent to or across the street from a commercially zoned district.

The lot must be abutting an arterial street as defined in the Spring Park Comprehensive Plan.

Conditions required to maintain interim use permit.

No physical alterations. No physical alterations of a primary residence shall be permitted in conjunction with the operation of a short-term rental dwelling unit, except that additional onsite parking may be provided, to the extent that such parking is otherwise permitted by the applicable provisions of the city code.

Building code/property maintenance compliance. All dwellings pursuing an interim use permit for short-term rental shall be in compliance with all applicable city building codes and the city's fire and property maintenance codes. Inspection and verification of code compliance by the city building inspector shall be required.

Nontransferable. Interim use permits issued under this section are nontransferable. Each interim use permit shall automatically terminate upon the sale or other conveyance of the property upon which the short-term rental is located, unless otherwise authorized by the city council.

Number of bedrooms. Each interim use permit shall indicate the number of bedrooms which are contained in the primary residence. No interim use permit holder shall advertise the primary residence as containing any more than the identified number of bedrooms.

Limit on the number of guests. The maximum number of transient guests permitted to stay within a short-term rental dwelling unit at any one time shall be the sum of the number of bedrooms contained in the primary residence multiplied by two, up to a maximum of ten. Such sum shall include both adults and children.

Signage. No commercial signage is allowed on the property of any short-term rental dwelling unit.

Events. Events are not allowed to be hosted by transient guests on short-term property. For purposes of this prohibition, an event shall mean a gathering on the property of the total number of people permitted to stay on the premises plus five. Events hosted by the owner are exempt from this prohibition, but must otherwise abide by state and local law and policies.

Parking. A property with a short-term rental dwelling unit shall provide a minimum of two off-street parking stalls for transient guests. The maximum number of vehicles allowed at the property shall be limited to the number of off-street parking spaces provided. To be valid, off-street parking shall meet any applicable requirements set forth in the city code.

Occupant eligibility. The primary overnight and daytime occupant of a short-term rental dwelling unit must be an adult 18 years of age or older. This adult must provide a telephone number to the owner and shall be accessible to the owner by telephone at all times.

10.

House number visible. Property containing a short-term dwelling unit must have a visible house number that can be easily seen from the street at all times.

(Ord. No. 20-04, § 4, 12-21-2020; Ord. No. 22-01, § 1, 4-4-2022)

Sec. 42-300. - Purpose.

The purpose of the R-2, Medium Density Residential district is to provide for medium density housing in multiple family structures ranging up to and including 12 units per acre and directly related, complementary uses.

(Ord. No. 62, § 13(Subd. A), 9-13-1993)

Sec. 42-301. - Permitted uses.

The following are permitted uses in an R-2 district:

(1)

All permitted uses allowed in the R-1 district.

(2)

Townhouses and quadraminiums.

(3)

Multiple-family dwelling structures containing 12 or fewer dwelling units.

(Ord. No. 62, § 13(Subd. B), 9-13-1993)

Sec. 42-302. - Permitted accessory uses.

The following are permitted accessory uses in an R-2 district:

(1)

Private garages.

(2)

Swimming pools.

(3)

Tool/garden sheds.

(4)

Private docks.

(5)

Off-street parking.

(6)

Off-street loading.

(7)

Residential docks. Private docks and boat lifts are permitted accessory uses or permitted accessory equipment in the R-2 district subject to the following rules, regulations and conditions:

(8)

Ground source heat pump systems as regulated by section 42-76 of this article.

(9)

Wind energy systems as regulated by section 42-76 of this article.

(10)

Solar energy systems as regulated by section 42-76 of this article.

(Ord. No. 62, § 13(Subd. C), 9-13-1993; Ord. No. 09-02, § III, 4-20-2009; Ord. No. 13-02, § 4, 9-16-2013)

Sec. 42-303. - Conditional uses.

The following are conditional uses in an R-2 district (Requires a conditional use permit based upon procedures set forth in and regulated by article IV, division 2): All conditional uses allowed in an R-1 district.

(Ord. No. 62, § 13(Subd. D), 9-13-1993)

Sec. 42-304. - Lot requirements and setbacks.

The following minimum requirements shall be observed in an R-2 district subject to additional requirements, exceptions and modifications set forth in this chapter:

(1)

Lot area: density.

Single-family detached dwelling unit. 10,000 sq. ft.

Two-family dwelling units. 12,000 sq. ft.

Multiple-family (three or more dwelling units). The maximum density for multiple family dwellings will be determined based on the following criteria.

Minimum base lot size is 15,000 square feet.

Maximum density not to exceed 12 units per acre.

Compliance with required building setbacks.

Compliance with required parking standards.

Compliance with required building height restrictions.

Compliance with impervious surface standards for the respective district.

Provisions for adequate on-site stormwater retention and/or compliance with city stormwater management plan.

Compliance with docking standards of the Lake Minnetonka Conservation District.

Minimum lot width is 75 feet.

Multiple-family developments shall contain open space meeting the following criteria:

At least 25 percent of the total development area shall be preserved as open space;

Dwelling units or sites, land covered by road surfaces, parking areas, or structures are developed areas and shall not be included in the computation of minimum open space;

Open space shall include areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unplatted cemeteries;

The shore impact zone, based on normal structure setbacks, shall be included as open space. At least 50 percent of the shore impact zone area of existing developments or at least 70 percent of the shore impact zone area of new developments shall be preserved in its natural or existing state.

Centralization and design of facilities and structures shall be done according to the following standards:

Dwelling units or sites shall be clustered into one or more groups and located on suitable areas of the development. They shall be designed and located to meet or exceed the following dimensional standards for the relevant shoreland classification: setback from the ordinary high-water level, elevation above the surfacewater features, and maximum height.

ii.

Structures, parking areas, and other facilities shall be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, or color, assuming Summer, leaf-on conditions. Vegetative and topographic screening shall be preserved, if existing, or may be required to be provided;

iii.

Accessory structures and facilities shall meet the required principal structure setback and shall be centralized.

(2)

Single- and two-family lot width. 50 feet.

(3)

Setbacks.

County or city public right-of-way. No less than 30 feet.

Side yard.

Interior lot line. No less than ten feet.

ii.

Side yard abutting public right-of-way:

(A)

Principal and accessory building. No less than ten feet.

(B)

Garage/accessory building with doors parallel to the street to provide direct vehicle access from a side yard street. No less than 25 feet.

(C)

Rear yard abutting another lot. No less than ten feet.

Ordinary high-water mark. No less than 50 feet.

Top of bluff. No less than 30 feet.

(4)

Lot coverage.

Impervious surface lot coverage on single-family and two-family dwelling units shall not exceed 30 percent of the lot area, except as provided below:

For single- and two-family dwelling units on existing lots of record that fall below R-2 minimum lot area and width standards, impervious surface lot coverage may be allowed to exceed 30 percent of the lot area subject to the following:

All structures, additions or expansions shall meet setback and other requirements of this chapter.

ii.

The lot shall be served with municipal sewer and water.

iii.

The amount of impervious surface does not exceed 3,000 square feet of area.

All structures, additions, or expansions shall meet setback and other requirements of this Ordinance.

ii.

The lot shall be served by municipal sewer and water.

iii.

iv.

Measures to be taken for the treatment of stormwater runoff and/or prevention of stormwater from directly entering a public water. The measures may include, but not be limited to the following:

(A)

Appurtenances as sedimentation basins, debris basins, desilting basins or silt traps.

(B)

Installation of debris guards and microsilt basins on storm sewer inlets.

(C)

Use, where practical, oil skimming devices or sump catch basins.

(D)

Direct drainage away from the lake and into previous, grassed, yards through site grading, use of gutters and downspouts.

(E)

Construct sidewalks and driveways of partially pervious raised materials such as decking which has natural earth or other previous material beneath or between the planking.

(F)

Use grading and construction techniques which encourage rapid infiltration, e.g., sand and gravel under impervious materials with adjacent infiltration swales graded to lead into them.

(G)

Install berms, water bars, or terraces which temporarily detain water before dispersing it into previous area.

All townhouse, quadraminium, and multiple-family dwelling units within the R-2 district shall comply with the following impervious surface standards:

An existing site which is being altered, remodeled, or expanded without expanding the existing impervious surface may be allowed through the plan review process established in division 7.

New construction on conforming lots or an existing site being altered, remodeled, or expanded which expands the existing impervious surface coverage may be established in article IV, division 1, provided the impervious surface coverage does not exceed 75 percent of the total lot and provided the following stipulations are met:

All structures, additions, or expansions shall meet setback and other requirements of this chapter.

ii.

The lot shall be served by municipal sewer and water.

iii.

iv.

Measures for the treatment of stormwater runoff and/or prevention of stormwater from directly entering a public water include such appurtenances as sediment basins (debris basins, desilting basins, or silt traps), installation of debris guards and microsilt basins on storm sewer inlets, oil skimming devices, etc.

(5)

Building height. No structure shall exceed two and one-half stories or 35 feet, whichever is least.

(6)

Bluff impact zones. Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones.

(7)

Shore impact zones.: Structures and accessory facilities except docks must not be placed within shore impact zones.

(Ord. No. 62, § 13(Subd. E), 9-13-1993; Ord. No. 62.06, § 2, 3-2-1998; Ord. No. 11-08, § 2, 12-19-2011)

Sec. 42-325. - Purpose.

The purpose of the R-3, High Density Residential district is to provide for high density residential uses at an overall density of 13 units per acre or more, and directly related complementary uses.

(Ord. No. 62, § 14(Subd. A), 9-13-1993)

Sec. 42-326. - Permitted uses.

The following are permitted uses in an R-3 district:

(1)

Townhouses and quadraminiums.

(2)

Multiple (apartment) dwellings.

(3)

Essential services.

(Ord. No. 62, § 14(Subd. B), 9-13-1993)

Sec. 42-327. - Permitted accessory uses.

The following are permitted accessory uses in an R-3 district:

(1)

All permitted accessory uses as allowed in an R-2 district.

(2)

Residential docks. The foregoing notwithstanding, private docks and boat lifts are permitted accessory uses or permitted accessory equipment in the R-3 District subject to the following rules, regulations and conditions:

Docks and lifts must comply with all applicable rules and regulations of the Lake Minnetonka Conservation District ("LMCD"), including, but not limited to, rules regarding the number of restricted watercraft permitted at a dock;

Docks may be used for the mooring or storing of boats for the personal recreational use of the boat owners and their guests only; the mooring or storing of a boat or boats used in a commercial or business enterprise of any kind (including, but not limited to, guide services, cruise services, fishing charters or other charter services, boat clubs, water taxis, docking services for boats stored off-site, or boat repair services) is not permitted at any dock accessory to a property located in a residential zoning district;

If a dock is used to moor or store a boat owned by persons other than the owner or occupant of the property, the property owner must obtain a permit from the city for such use (see chapter 11 of the Spring Park City Code for permit requirements);

In the R-3 district, if the property owner rents boat slips or dock space to persons other than residents of the property or otherwise permits the use of a dock serving the property by persons other than residents of the property, the property owner must provide public restroom facilities and trash facilities on the property for use by such persons and their guests;

If a dock is used to moor or store boat(s) owned by persons other than the owner(s) or occupant(s) of the property, one additional off-street parking space located on the property is required for every three boat slips. This parking space requirement is in addition to the number of off-street parking spaces otherwise required for the property by the zoning ordinance, and the number and location of such additional parking space(s) must be documented on the permit application; the provision of the required additional parking space(s) is subject to inspection and confirmation by city staff prior to issuance of a permit.

Violation of the rules, regulations and conditions contained in subsections a. through e. above may result in the imposition of administrative fines or the suspension or revocation of the permit as set forth in chapter 11 of the Spring Park City Code.

(3)

Ground source heat pump systems as regulated by section 42-76 of this article.

(4)

Wind energy systems as regulated by section 42-76 of this article.

(5)

Solar energy systems as regulated by section 42-76 of this article.

(Ord. No. 62, § 14(Subd. C), 9-13-1993; Ord. No. 09-02, § IV, 4-20-2009; Ord. No. 13-02, § 5, 9-16-2013)

Sec. 42-328. - Conditional uses.

The following are conditional uses in an R-3 district (Requires a conditional use permit based upon procedures set forth in and regulated by article IV division 2):

(1)

Day care facilities, provided that:

No overnight facilities are provided for the children served. Children are delivered and removed daily.

Adequate off-street parking and access is provided in compliance with section 42-67.

The site and related parking and service shall be served by an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated.

The provisions of article IV, division 2 are considered and satisfactorily met.

A written indication of preliminary, pending or final license approval from the department of human services has been supplied to the city.

(Ord. No. 62, § 14(Subd. D), 9-13-1993)

Sec. 42-329. - Lot requirements and setbacks.

The following minimum requirements shall be observed in an "R-3" district subject to additional requirements, exceptions and modifications set forth in this chapter.

(1)

Lot area—Density.

The maximum density for multiple-family dwellings will be determined based on the following criteria:

Minimum base lot size of 15,000 square feet.

Compliance with required building setbacks.

Compliance with required parking standards.

Compliance with required building height restrictions.

Compliance with the impervious surface standards for the respective district.

Provisions for on-site stormwater retention and/or compliance with city stormwater management plan.

Compliance with docking standards of the Lake Minnetonka Conservation District.

Multiple-family developments shall contain open space meeting the following criteria:

At least 25 percent of the total development area shall be preserved as open space;

Dwelling units or sites, land covered by road surfaces, parking areas, or structures are developed areas and shall not be included in the computation of minimum open space;

Open space shall include areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unplatted cemeteries;

Certification and design of facilities and structures shall be done according to the following standards:

Structures, parking areas, and other facilities shall be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, or color, assuming summer, leaf-on conditions. Vegetative and topographic screening shall be preserved, if existing, or may be required to be provided;

Accessory structures and facilities shall meet the required principal structure setback and shall be centralized.

(2)

Lot width. 100 feet.

(3)

Setbacks.

County or city street side. No less than ten feet.

Side yard. No less than ten feet on any side yard.

Rear yard abutting another lot. No less than ten feet.

Ordinary high-water mark. No less than 50 feet for development occurring after the effective date of this chapter.

Top of bluff. No less than 30 feet.

(4)

Lot coverage. All lots within the R-3 district shall comply with the following impervious surface standards:

An existing site which is being altered, remodeled, or expanded without expanding the existing impervious surface may be allowed through the plan review process established in article IV, division 1.

New construction on conforming lots or an existing site being altered, remodeled, or expanded which expands the existing impervious surface coverage may be allowed through the plan review process established in article IV, division 1, provided the impervious surface coverage does not exceed 75 percent of the total lot and provided the following stipulations are met:

All structures, additions, or expansions shall meet setback and other requirements of this chapter.

The lot shall be served by municipal sewer and water.

(5)

Building height. No structure shall exceed three stories or 40 feet, whichever is least.

(6)

Bluff impact zones. Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones.

(7)

Shore impact zones. Structures and accessory facilities except docks must not be placed within shore impact zones.

(Ord. No. 62, § 14(Subd. E), 9-13-1993)

Sec. 42-330. - Exterior building elevations.

(a)

Principal building elevation. All exterior wall surfaces may be a combination of materials including brick, stone, rock-faced block, stucco, wood, E.I.F.S., or glass. An average of said materials shall constitute no less than 80 percent of the exterior wall facade. Accent materials may be used up to 20 percent of any building facade exclusive of doors and windows. Accent materials may include architectural metal work or glass block.

(b)

Accessory building elevation. Accessory buildings shall be constructed of building materials to match the principal structure and comply with the building material requirements of this section.

(c)

Mechanical equipment. In all zoning districts, mechanical equipment, such as heating, ventilation, and air conditioning units located anywhere on the property shall be screened from view.

(Ord. No. 07-03, § 3, 4-16-2007)

Sec. 42-350. - Purpose.

The purpose of the C-1, General Commercial district is to provide for the establishment of commercial and service activities which draw from and serve customers from the entire community or region and are located in areas which are well served by collector or arterial street facilities.

(Ord. No. 62, § 15(Subd. A), 9-13-1993)

Sec. 42-351. - Permitted uses.

The following are permitted uses in a C-1 district:

(1)

Essential services.

(2)

All general or corporate offices and commercial retail sales and service uses will be permitted subject to the following provisions:

All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with subsection 42-63(g).

Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movements, shall comply with subsection 42-67(e)(4), (5), and (6) and shall be subject to the approval of the city engineer and/or Hennepin County, as applicable.

The entire area shall have a drainage system which is subject to the approval of the city engineer and the Minnehaha Creek watershed district.

If the dispensing, sale or offering for sale of motor fuels and/or oil is the principal use or business or an incidental use of the property, then in addition to other standards and requirements imposed by this chapter, site plans shall be reviewed and approved by the state fire marshal.

Provisions satisfactory to the zoning official are made to control and reduce noise.

All conditions pertaining to specific site are subject to change when the council, upon investigating in relation to a formal request by applicant, finds that the welfare and public betterment can be served as well or better by modifying the conditions.

(3)

Brewpubs.

(Ord. No. 62, § 15(Subd. B), 9-13-1993; Ord. No. 16-03, § 2, 10-17-2016)

Sec. 42-352. - Permitted accessory uses.

The following are permitted accessory uses in a C-1 district:

(1)

Off-street parking as regulated by section 42-67.

(2)

Off-street loading as regulated by section 42-68.

(3)

Accessory buildings related to the primary use of the lot on which the accessory building is situated, provided that off-street parking requirements of the chapter are met.

(4)

Docking facilities as regulated by the Lake Minnetonka Conservation District.

(5)

Limited accessory outdoor sales or rental displays subject to the following conditions:

The area of the accessory outdoor sales and/or rental display shall not exceed ten percent of the gross floor area of the principal building or tenant bay, as applicable. The sales/rental display area shall be defined on the site or on a site plan in a measurable form so the zoning administrator may verify the size of the approved sale/rental display area.

Outdoor sales/rental display areas shall have a paved surface consisting of asphalt, cobblestone, paver block, or concrete. Pervious pavement materials may be permitted subject to review and approval by the city engineer. No sales/rental display shall be located in a landscaped area of the site as defined in subsection 42-64(j)(5)f.2. of this Ordinance.

Outdoor sales/rental display areas shall be set back ten feet from any lot line.

Outdoor sales/rental display areas shall be located on the site in a manner that does not interfere with on-site parking or traffic circulation.

Adequate parking remains after establishing the sales/rental display area to meet the requirements of section 42-67 of this Ordinance.

(6)

Seasonal outdoor storage accessory to marinas and marine sales businesses subject to the following conditions:

Storage materials are limited to boats and watercraft on trailers or stands.

Seasonal marine storage shall be located on the same lot as the principal use.

Seasonal marine storage may be located in on-site parking and driveway areas.

No boats or other watercraft shall be stored within required parking or driveway areas between June first and September first.

Seasonal marine storage shall not be located within a public right-of-way.

All boats or other watercraft shall be covered or shrink wrapped during storage to secure boats contents.

(Ord. No. 62, § 15(Subd. C), 9-13-1993; Ord. No. 11-06, § 3, 10-17-2011)

Sec. 42-353. - Conditional uses.

The following are conditional uses in an C-1 district (requires a conditional use permit based on procedures set forth in and regulated by article IV, division 2):

(1)

Residential and nonresidential uses within one principal structure, provided that:

Residential uses shall be limited and may be permitted only where they do not create conflicts, present or future, between the nonresidential and residential use and activities, both on and off the subject property.

Residential and non-residential uses shall not be both located on the first floor, except by special approval from the city council where the applicant can factually demonstrate that the proposed conditional and permitted uses can safely and functionally co-exist on the same floor of the premises.

Residential uses shall be provided with a separate entrance, and separately identified parking stalls.

Adequate parking is provided in compliance with section 42-67.

Adequate off-street loading is provided in compliance with section 42-68.

The provisions of article IV, division 2 are considered and satisfactorily met.

(2)

Accessory outdoor sales/rental displays subject to the following conditions:

Submission of a site plan for review and approval of the zoning administrator that illustrates the size and location of the sales/rental display area and shows compliance with zoning performance standards.

Outdoor sales/rental displays shall be accessory to the principal use and building on the site. The sales/rental display area shall be defined on the site in a measurable form so the zoning administrator may verify the size of the approved sale/rental display area.

Outdoor sales/rental display areas shall not be located within a public right-of-way.

Outdoor sales/rental display areas shall be located on the site in a manner that does not interfere with on-site parking or traffic circulation.

Outdoor sales/rental display areas shall be screened from view of abutting R residential zoning districts in compliance with subsection 42-64(j) of this article. Screening shall not be required where the sales/rental display area is located on the street side of the site.

Adequate parking remains after establishing the sales/rental display area to meet the requirements of section 42-67 of this chapter.

(3)

Outdoor storage as an accessory use provided that:

Outdoor storage shall not be located between a building façade and any street right-of-way.

The outdoor storage area is fenced around its full perimeter.

The outdoor storage area shall be screened from view of neighboring residential uses, residential districts, and/or the public right-of-way and public waters in compliance with subsection 42-64(j) of this chapter.

Outdoor storage items shall not be stacked to a height that exceeds required fencing and screening.

Outdoor storage areas shall comply with all required shoreland setbacks.

Outdoor storage areas shall be paved or surfaced with crushed stone to control dust. Permitted paving surfaces include asphalt, cobblestone, paver block, or concrete. Pervious pavement materials may be permitted subject to review and approval by the city engineer.

The outdoor storage area does not take up parking spaces required for compliance with section 42-67 of this chapter.

The applicant shall include a list of items that will be stored outdoors as part of the conditional use permit application. Storage of debris, trash, garbage, junk, hazardous waste, or items not related to the principal use of the site is prohibited.

(4)

Breweries with taprooms as defined by section 42-36 of this Code provided that:

License. The owner of the brewery qualifies for and receives a brewer license and a malt liquor wholesale license (if wholesale of malt liquor is an intended activity) from the State of Minnesota, according to Minn. Stat. § 304A.

Brewery taproom license. An accessory brewer's taproom for the on-sale of beer produced on-site shall require a brewery taproom license from the city according to chapter 4 of the Spring Park City Code.

Off-sale. Off-sale of beer in the form of growlers shall require a brewery license for off-sale of malt liquor, according to Chapter 4 of the Spring Park City Code.

Production limits. Total on-site production of malt liquor may not exceed 10,000 barrels annually. Of the 10,000 barrel production limit, onsite taproom retail sales shall not exceed 3,500 barrels annually, 500 barrels of which may be sold off-sale as growlers. The brewery shall annually submit production reports with the request to renew a brewery taproom or off-sale malt liquor license.

Off-street loading. The brewery facility shall provide adequate space for off-street loading and unloading of all trucks greater than 22 feet in length in accordance with section 42-68 of this Code. In the absence of off-street loading, the City may impose limits on deliveries or shipments using the public right of ways, including regulating the number of trucks per day and the hours that deliveries are permitted.

Loading. Loading areas shall be located and designed so they are not visible from adjoining public streets or adjoining residential zoning.

Screening. No outdoor storage is permitted on the site, with the exception that waste handling (refuse and/or recycling) may occur in an enclosure that is fully screened from adjoining streets and residential zoning.

Odors. No odors from the brewery may be perceptible beyond the property line.

Code compliance. Buildings must meet all Building and Fire Codes for the intended building occupancy. The building and site design shall meet the Spring Park design guidelines and the performance standards of the Spring Park Zoning/Shoreland Ordinance.

Parking. The proposed building shall demonstrate adequate parking per the Spring Park zoning standards for all uses of the site per section 42-67 of this Code.

Outdoor area. Outdoor dining, drinking, or service as an accessory use for taprooms may be allowed subject to the following conditions:

The applicant shall be required to submit a site plan and other pertinent information demonstrating the location and type of all tables, refuse receptacles, and wait stations.

The outdoor area shall be fenced to define its boundaries and access to the outdoor area be provided only via the principal building.

The size of the outdoor area is restricted to no more than 30 percent of the total customer floor area within the principal structure.

The outdoor area is screened from view from adjacent residential uses in accordance with section 42-64(j) of this Code.

All lighting be hooded and directed away from adjacent residential uses and public rights-of-way in accordance with section 42-63(h) of this Code.

The applicant demonstrates that pedestrian circulation is not disrupted as a result of the outdoor dining area by providing the following:

Outdoor area shall be segregated from through pedestrian circulation by means of fencing.

ii.

Minimum clear passage zone for pedestrians at the perimeter of the taproom shall be at least five feet without interference from parked motor vehicles, bollards, trees, tree gates, curbs, stairways, trash receptacles, street lights, parking meters, or the like.

iii.

Overstory canopy of trees, umbrellas or other structures extending into the pedestrian clear passage zone or pedestrian aisle shall have a minimum clearance of seven feet above sidewalk.

The outdoor area is surfaced with concrete, bituminous or decorative pavers or may consist of a deck with wood or other flooring material that provides a clean, attractive, and functional surface.

A minimum width of 36 inches shall be provided within aisles of the outdoor area.

Additional off-street parking shall be required pursuant to the requirements set forth in section 42-67 of this Code based on the additional seating area provided by the outdoor area.

10.

Refuse containers are provided for self-service outdoor dining areas. Such containers shall be placed in a manner which does not disrupt pedestrian circulation, and must be designed to prevent spillage and blowing litter.

(Ord. No. 62, § 15(Subd. D), 9-13-1993; Ord. No. 62.09, 12-29-1999; Ord. No. 11-06, § 4, 10-17-2011; Ord. No. 16-03, § 3, 10-17-2016)

Sec. 42-354. - Lot requirements and setbacks.

The following minimum requirements shall be observed in a C-1 district subject to additional requirements, exceptions and modifications set forth in this chapter:

(1)

Lot area. None

(2)

Setbacks. No less than ten feet where abutting a local street or a residential district. No less than ten feet where abutting a county road or highway.

Ordinary high-water mark. No less than 50 feet.

Top of bluff. No less than 30 feet.

(3)

Building height. No structure shall exceed three stories or 40 feet, whichever is least, however, building heights in excess of the prescribed standard may be permitted through a conditional use permit provided that:

The site is capable of accommodating any increased intensity of use.

Any increased intensity of use is not reasonably expected to cause an increase in traffic volumes beyond the capacity of the surrounding streets.

Public utilities and services are adequate.

The provisions of article IV, division 2 are satisfactorily complied with.

(4)

Lot coverage. All lots within the C-1 district shall comply with the following standards:

An existing site which is being altered, remodeled, or expanded without expanding the existing impervious surface may be allowed through the plan review process established in article IV, division 1.

All structures, additions, or expansions shall meet setback and other requirements of this chapter.

The lot shall be served by municipal sewer and water.

Impervious surface coverage may be allowed to exceed 75 percent of the total lot or exceed existing conditions on the lot which are over 75 percent provided the following stipulations are met:

Improvements that will result in an increased rate of runoff directly entering a public water shall have all structures and practices in compliance with the City Stormwater Management Plan in place for the collection and treatment of stormwater runoff or will be constructed in conjunction with a conditional use permit application.

A conditional use permit is submitted and approved as provided for in article IV, division 2 of this Ordinance.

All the conditions in [subsections] (4)b.1. through 3. above are satisfactorily met.

(5)

Bluff impact zones. Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones.

(6)

Shore impact zones. Structures and accessory facilities except docks must not be placed within shore impact zones.

(7)

Uses without water-oriented needs.

Commercial uses without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must be landscaped to obscure view of structures or buildings from the water by vegetation or topography, assuming summer, leaf-on conditions.

Structures, parking areas, and other facilities shall be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, or color, assuming summer, leaf-on conditions. Vegetative and topographic screening shall be preserved, if existing, or may be required to be provided.

Accessory structures and facilities shall meet the required principal structure setback and shall be centralized.

(Ord. No. 62, § 15(Subd. E), 9-13-1993)

Sec. 42-355. - Exterior building elevations.

(a)

Application. The following exterior building elevation requirements apply to:

(1)

A change in building tenancy that increases the parking demand on the site; or

(2)

A building expansion/addition that increases the building footprint or gross floor area by more than 30 percent but less than 50 percent of its current size.

(3)

An exception to these exterior building elevation standards is allowed for building expansions/additions at the rear of the existing building that do not increase the building facade exposed to a public street.

(4)

Construction of new buildings must comply with the design guidelines in the Spring Park Comprehensive Plan.

(b)

Principal building elevations. The exterior wall surface of a commercial building abutting a public right-of-way or residentially zoned property shall be a combination of building materials including brick, stone, rock-faced block, decorated concrete panels, stucco, wood, concrete siding, E.I.F.S., replicants glass or metal panels. Metal panels shall not encompass more than 50 percent of the building elevation of the building abutting a public right-of-way or residential zoned property. Metal panels may be used on other exterior wall surfaces.

(c)

Accessory building elevations. Accessory buildings shall be constructed of building materials to match the principal structure and comply with the building material requirements of this section.

(d)

Mechanical equipment. In all zoning districts, mechanical equipment such as heating, ventilation, or air conditioning units located anywhere on the property shall be screened and painted to match the building exterior, if not screened from view.

(Ord. No. 07-03, § 1, 4-16-2007)

Sec. 42-375. - Purpose.

The purpose of the C-2, Shopping Center district is to establish provisions for designating a district for a multiple-use building of retail sales and service facilities with integrated design and a coordinated physical plan.

(Ord. No. 62, § 16(Subd. A), 9-13-1993)

Sec. 42-376. - Application.

The owner or owners of any tract of land in the C-2 district must file an application with the city administrator and pay a fee that is established by city resolution.

(Ord. No. 62, § 16(Subd. B), 9-13-1993)

Sec. 42-377. - Permitted uses.

The following are permitted uses in a C-2 district:

(1)

Essential services.

(2)

All commercial retail sales and service uses will be permitted with the following provisions:

At the boundaries of a residential district, a strip of not less than five feet shall be landscaped and screened in compliance with section 42-67.

Parking or car stacking space shall be screened from view of abutting residential districts in compliance with section 42-67.

Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movements, shall comply with section 42-67 and shall be subject to the approval of the city engineer and/or Hennepin County, as applicable.

The entire area shall have a drainage system plan which shall be approved by the city engineer and the Minnehaha Creek watershed district.

Provisions are made to control and reduce noise.

All conditions pertaining to specific site are subject to change when the council, upon investigating in relation to a formal request by applicant, finds that the welfare and public safety can be served as well or better by modifying the conditions.

(3)

Brewpubs.

(Ord. No. 62, § 16(Subd. C), 9-13-1993; Ord. No. 16-03, § 4, 10-17-2016)

Sec. 42-378. - Permitted accessory uses.

The following are permitted accessory uses in a C-2 district:

(1)

Commercial or business buildings and structures for a use accessory to the principal use, but the gross floor area devoted to such use shall not exceed 30 percent of the gross floor space of the principal use. Parking shall be provided for any accessory structures as regulated by section 42-67.

(2)

Off-street parking as regulated by section 42-67.

(3)

Off-street loading as regulated by section 42-68.

(4)

Docking facilities as regulated by the Lake Minnetonka conservation district.

(5)

Limited accessory outdoor sales or rental displays subject to the following conditions:

The area of the accessory outdoor sales and/or rental displays shall not exceed ten percent of the gross floor area of the principal building or tenant bay, as applicable. The sales/rental display area shall be defined on the site or on a site plan in a measurable form so the zoning administrator may verify the size of the approved sale/rental display area.

Outdoor sales/rental display areas shall have a paved surface consisting of asphalt, cobblestone, paver block, or concrete. Pervious pavement materials may be permitted subject to review and approval by the city engineer. No sales display shall be located in a landscaped area of the site as defined in subsection 42-64(j)(5)f.2. of this article.

Outdoor sales/rental display areas shall be set back ten feet from all lot lines.

Outdoor sales/rental display areas shall be located on the site in a manner that does not interfere with on-site parking or traffic circulation.

Adequate parking remains after establishing the sales/rental display area to meet the requirements of section 42-67 of this article.

(6)

Ground source heat pump systems as regulated by section 42-76 of this article.

(7)

Wind energy systems as regulated by section 42-76 of this article.

(8)

Solar energy systems as regulated by section 42-76 of this article.

(Ord. No. 62, § 16(Subd. D), 9-13-1993; Ord. No. 11-06, § 5, 10-17-2011; Ord. No. 13-02, § 7, 9-16-2013)

Sec. 42-379. - Conditional uses.

The following are conditional uses in a C-2 district (requires a conditional use permit based upon procedures set forth in and regulated by article IV, division 2):

(1)

Accessory outdoor sales/rental displays subject to the following conditions:

Outdoor sales/rental display areas shall have a paved surface consisting of asphalt, cobblestone, paver block, or concrete. Pervious pavement materials may be permitted subject to review and approval by the city engineer. No sales display shall be located in a landscaped area of the site as defined in subsection 42-64(j)(5)f.2. of this article.

Outdoor sales/rental display areas shall not be within a public right-of-way.

Outdoor sales/rental display areas shall be located on the site in a manner that does not interfere with on-site parking or traffic circulation.

Outdoor sales/rental display areas shall be screened from view of abutting residential zoning districts in compliance with subsection 42-64(j) of this article. Screening shall not be required where the sales/rental display area is located on the street side of the site.

Adequate parking remains after establishing the sales/rental display area to meet the requirements of section 42-67 of this article.

(2)

Outdoor storage as an accessory use provided that:

Outdoor storage shall not be located between a building façade and any street right-of-way.

The outdoor storage area is fenced around its full perimeter.

Outdoor storage items shall not be stacked to a height that exceeds required fencing and screening.

Outdoor storage areas shall comply with all required shoreland setbacks.

Outdoor storage areas shall be paved or surfaced with crushed stone to control dust. Permitted paving materials include asphalt, cobblestone, paver block, or concrete. Pervious pavement materials may be permitted subject to review and approval by the city engineer.

The outdoor storage area does not take up parking spaces required for compliance with section 42-67 of this article.

The applicant shall include a list of items that will be stored outside a part of the conditional use permit application. Storage of debris, trash, garbage, junk, hazardous waste, or items not related to the principal use of the site is prohibited.

(3)

Breweries with taprooms as defined by section 42-36 of this Code provided that:

Off-sale. Off-sale of beer in the form of growlers shall require a brewery license for off-sale of malt liquor, according to Chapter 4 of the Spring Park City Code.

Off-street loading. The brewery facility shall provide adequate space for off-street loading and unloading of all trucks greater than 22 feet in length in accordance with section 42-68 of this Code. In the absence of off-street loading, the city may impose limits on deliveries or shipments using the public right of ways, including regulating the number of trucks per day and the hours that deliveries are permitted.

Loading. Loading areas shall be located and designed so they are not visible from adjoining public streets or adjoining residential zoning.

Odors. No odors from the brewery may be perceptible beyond the property line.

Code compliance. Buildings must meet all Building and Fire Codes for the intended building occupancy. The building and site design shall meet the spring park design guidelines and the performance standards of the Spring Park Zoning/Shoreland Ordinance.