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St Michael City Zoning Code

CHAPTER 155

ZONING

§ 155.012 AUTHORITY.

   (A)   Title. Except where otherwise provided, this chapter shall be known as the "St. Michael Zoning Ordinance" except as referred to herein, where it shall be known as "this chapter."
   (B)   Purpose.
      (1)   The purpose of this chapter is to:
         (a)   Provide for the orderly, economic, and safe development of land and urban services and facilities;
         (b)   Promote the public health and safety by protecting against fire, explosion, noxious fumes, offensive noise, dust, odor, heat, glare, and other pollution of the air; and
         (c)   Promote the general welfare of the inhabitants of the city.
      (2)   That purpose is accomplished, in part, by dividing the city into zones or districts as to the location, construction, reconstruction, alteration, and use of land and structures for residence, business, and industrial purposes and by fixing reasonable standards to which buildings, structures, and land shall conform for the benefit of all.
   (C)   Effective date and authority to adopt.
      (1)   The effective date of this chapter is December 19, 2024. This chapter hereby supersedes and replaces in its entirety Chapter 155: Zoning of Title XV: Land Use of the St. Michael, Minnesota Code on the effective date hereof.
         (a)   The provisions of this chapter shall apply to all development plans (general, revised, or final) filed on or after December 19, 2024. Plans on file before December 19, 2024 shall be reviewed for compliance with the zoning chapter effective at the time of filing.
         (b)   The provisions of this chapter shall apply to all permits filed on or after December 19, 2024. Permit applications on file before December 19, 2024 shall be reviewed for compliance with the zoning chapter effective at the time of filing.
      (2)   This chapter is enacted pursuant to the authority granted by the Municipal Planning Act, M.S. §§ 462.351 through 462.363. Whenever other applicable city, state, or federal laws or rules referenced in this chapter have been amended or superseded, this chapter shall also be considered amended accordingly.
   (D)   Compliance required. No structure shall be located, erected, constructed, reconstructed, moved, converted, or enlarged, nor shall any structure or land be used or be designed to be used, except in full compliance with all the provisions of this chapter and after the lawful issuance of all permits and certificates required by this chapter.
   (E)   Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate, annul, impair, or interfere with any existing easement, covenant, or any other private agreement. However, provided that where the regulations of this chapter are more restrictive or impose higher standards or requirements on such easements, covenants, or other private agreements, the requirements of this chapter shall govern.
   (F)   Severability and non-liability.
      (1)   If any section, clause, provision, or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.
      (2)   If any application of this chapter to a particular structure, land, or water is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not be applicable to any other structure, land, or water not specifically included in said judgment.
      (3)   The city does not guarantee, warrant, or represent that only those areas designated as flood lands will be subject to periodic inundation and hereby asserts that there is no liability on the part of the City of St. Michael, its agencies, or employees for any flood damages, sanitation problems, or structural damages that may occur as a result of reliance upon and conformance with this chapter.
(Ord. 2402, passed 12-10-24)

§ 155.013 ADMINISTRATION.

   (A)   This chapter shall be administered and enforced by the Zoning Administrator who shall be appointed by the Council.
   (B)   The Zoning Administrator shall administer, interpret, and enforce the provisions of this chapter
and shall perform the following duties:
      (1)   Maintain permanent and current records of this chapter, including but not limited to all maps, amendments, conditional uses, variances, appeals, and applications therefore; and
      (2)   Issue all permits and certificates as required by this chapter.
      (3)   Institute, in the name of the city, any appropriate actions or proceedings against a violator, as provided by law.
   (C)   The Zoning Administrator may delegate specific responsibility to any individual city employee, but shall remain responsible for all decisions made by those employees.
(Ord. 2402, passed 12-10-24)

§ 155.014 INTERPRETATION.

   (A)   Relationship to comprehensive plan. It is the policy of the city that the enforcement, amendment, and administration of this chapter be accomplished with due consideration of the recommendations contained in the comprehensive plan as developed and amended from time-to-time by the City Council of the city. The Council recognizes the comprehensive plan as the policy guide responsible for regulation of land use and development in accordance with the policies and purpose herein set forth.
   (B)   Conflicting regulations or provisions. Where the provisions of this chapter are inconsistent with state or federal law or any other city ordinance, code provision, or regulation, the more restrictive provision governs unless otherwise expressly stated.
   (C)   Use of graphics, illustrations, figures, photos, and cross-references.
      (1)   Graphics, illustrations, figures, and photos are provided for illustrative purposes only and shall not be construed as regulations. Where a conflict may occur between the text and any graphic, illustration, figure, or photo, the text shall control.
      (2)   In some instances, cross-references between chapters, divisions, sections, and subsections are provided that include the chapter, division, section, or subsection number along with the name of the reference. Where a conflict may occur between the given cross-reference number and name, the name shall control.
(Ord. 2402, passed 12-10-24)

§ 155.015 NONCONFORMITIES.

   (A)   Purpose.
      (1)   It is the purpose of this section to provide for the regulation of nonconforming buildings, structures, and uses and to specify those requirements, circumstances, and conditions under which nonconforming buildings, structures, and uses will be operated and maintained.
      (2)   This chapter establishes separate districts, each of which is an appropriate area for the location of uses which are permitted in that district. It is necessary and consistent with the establishment of these districts that nonconforming buildings, structures, and uses not be permitted to continue without restriction.
      (3)   It is the intent of this section that all nonconforming uses shall be eventually brought into conformity.
   (B)   Continuation rights.
      (1)   Legal nonconforming buildings, structures, and uses may be continued, including through repair, replacement, restoration, maintenance, or improvement, but may not be extended, expanded, or changed unless to a conforming structure or use, except as permitted by the Planning Commission subject to the right of appeal to the City Council in accordance with the provisions of § 155.091(F) of this chapter.
      (2)   Any proposed structure which will, under this chapter, become nonconforming but for which a building permit has been lawfully granted prior to the effective date of this chapter may be completed in accordance with the approved plans provided construction is started within 60 days of the effective date of this chapter, is not abandoned for a period of more than 120 days, and continues to completion within two years. Such structure shall thereafter be a legally nonconforming structure and use.
      (3)   When either the city, Wright County, or the State of Minnesota creates or worsens a nonconforming setback or prevents or worsens compliance with the applicable parking requirements by acquiring a portion of a lot for a public improvement, the lot owner shall be entitled as a matter of right to obtain a variance for the nonconforming setback or parking condition so created or worsened. This section shall apply only to acquisitions taking place after September 1, 2007, and shall not apply to acquisitions taking place in the normal course of the land subdivision (platting) process.
      (4)   There is a limitation to the continuance rights for nonconformities in National Flood Insurance Program (NFIP) floodplain areas as determined by the Zoning Administrator and City Engineer.
   (C)   Maintenance and alterations.
      (1)   Normal maintenance of a conforming building or other structure containing or related to a lawful nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not physically extend or intensify the nonconforming use provided:
         (a)   The alterations do not expand the foundation and/or building volume, unless specifically allowed by this chapter;
         (b)   The alterations do not increase the building occupancy capacity or parking demand; and
         (c)   The alterations do not increase the nonconformity of the building or use.
      (2)   Lawful nonconforming, non-income-producing single- and two-unit residential dwellings may be expanded or altered to improve nonconformance, but will not be increased, and the expansion or alteration does not change the unit occupancy capacity or parking demand.
      (3)   Nothing in this chapter shall prevent the placing of a structure in a safe condition when the structure is declared unsafe by the Zoning Administrator, provided the necessary repairs shall not constitute more than 50% of the fair market value of the structure as determined by the County Assessor.
      (4)   No nonconformity shall be moved to another lot or to any other part of the parcel of land upon which the same was constructed or was conducted at the time of this chapter's adoption unless the moving shall bring the non-conformance into compliance with the requirements of this chapter.
   (D)   Restoration.
      (1)   Any legal, nonconforming use that is destroyed by fire, flood, or other peril to the extent of more than 50% of its estimated market value, as determined by the County Assessor at the time of damage, may be reconstructed and used as before if the following conditions are met:
         (a)   The nonconformity or occupancy is discontinued for a period of less than one year;
         (b)   A building permit has been applied for within 180 days of when the property was damaged;
         (c)   Such reconstruction is performed within 12 months of the date of the damage; and
         (d)   The restored structure covers no greater area and contains no greater cubic content than before the damage.
      (2)   The city may impose reasonable conditions upon a zoning or building permit in order to mitigate any newly created impact on adjacent property or water body.
      (3)   When a nonconforming structure in the Shoreland District with less than 50% of the required setback from the water is destroyed by fire or other peril to the extent of more than 50% of its estimated market value, as indicated in the records of the County Assessor at the time of damage, the structure setback may be increased if practicable and reasonable conditions are placed upon a zoning or building permit to mitigate created impact on the adjacent property or body of water.
   (E)   Change in use.
      (1)   A lawful nonconformity may be changed to lessen the nonconformity of use. Once a nonconformity has been changed, it shall not thereafter be so altered to increase the nonconformity.
      (2)   When any lawful nonconforming use of a structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.
   (F)   Discontinuance. Whenever a lawful nonconformity is discontinued for a period of one year, it shall be made to conform with the provisions of this chapter.
(Ord. 2402, passed 12-10-24)

§ 155.016 DEFINITIONS.

   (A)   Rules of construction. The language set forth in the text of this chapter shall be interpreted in accordance with the following rules of construction:
      (1)   The singular number includes the plural, and the plural the singular.
      (2)   The present tense includes the past and the future tenses, and the future the present.
      (3)   The word "shall" is mandatory while the word "may" is permissive.
      (4)   The masculine gender includes the feminine and neuter.
      (5)   Whenever a word or term defined hereinafter appears in the text of this chapter, its meaning shall be construed as set forth in the definition thereof.
      (6)   All measured distances expressed in feet shall be the nearest tenth of a foot.
   (B)   General definitions.
      ABUTTING. Making direct contact with or immediately bordering.
      ADDITION. A physical enlargement of an existing structure.
      ADJACENT. In close proximity to or neighboring, not necessarily abutting.
      ALLEY. A public right-of-way which affords a secondary means of access to abutting property.
      AWNING. A temporary hood or cover which projects from the wall of a building, and of a type which can be retracted, folded, or collapsed against the face of a supporting building.
      BASEMENT. Any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level.
      BLOCK. That property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets or railroad rights-of-way or unsubdivided acreage.
      BLUFF. A topographic feature such as a hill, cliff , or embankment having all of the following characteristics:
         (a)   Part or all of the feature in a shoreland area;
         (b)   The slope rises at least 25 feet above the ordinary high-water level of the waterbody;
         (c)   The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30% or greater; and
         (d)   The slope must drain toward the waterbody.
      BLUFF IMPACT ZONE. A bluff and land located within 20 feet from the top of a bluff.
      BLUFF, TOE OF. The lower point of a 50-foot segment with an average slope exceeding 18%.
      BLUFF, TOP OF. The higher point of a 50-foot segment with an average slope exceeding 18%.
      BOG. A Type 8 Wetland as defined by U.S. Fish and Wildlife Circular 39.
      BOULEVARD. The portion of a street right-of-way not occupied by pavement.
      BUFFER. A strip of land utilized to screen or partially screen a use or property from another use or property or to shield or mitigate noise, lights, or other impacts.
      BUFFER STRIP. An area of vegetated ground cover abutting a wetland that, either in its condition or through intervention, has the characteristics identified in § 155.052.
      BUILDABLE AREA. The portion of a lot remaining after required yards have been provided.
      BUILDING. A structure having a roof supported by columns or walls. When separated by division walls without openings, each portion of such building shall be deemed a separate building.
      BUILDING, AGRICULTURAL. A building or structure that is:
         (a)   Located on agricultural land as determined by the governing assessor for the city;
         (b)   Designed, constructed, and used to house farm implements, livestock or agricultural products under M.S. § 173.13, Subd. 23; and used by the owner, lessee, and sublessee of the building and member of their immediate families, their employees, and persons engaged in the pick-up or delivery of agricultural products.
      BUILDING COVERAGE. The amount of area within a property covered by buildings. Driveways, patios, etc. are not included in this definition.
      BUILDING HEIGHT. The vertical distance measured from the average elevation of the finish grade along the front of the building to the highest point of the roof surface of a flat roof, to the deck line of a mansard roof, and to the mean height level between the eaves and ridge of a gable, hip, or gambrel roof.
      BUILDING LINE. A line measured across the width of the lot at the point where the principal structure is placed in accordance with setback provisions.
      BUILDING OFFICIAL. The building official provided for in the Minnesota State Building Code.
      BUSINESS. Any establishment, occupation, employment, or enterprise where merchandise is manufactured, exhibited, or sold, or where services are offered for compensation.
      CELLAR. That portion of a building having more than one-half of the floor to ceiling height below the average land grade.
      CHANNEL. A natural or artificial depression of perceptible extent, with definite bed and banks to confine and conduct water either continuously or periodically.
      CITY COUNCIL. The governing body for the City of St. Michael.
      COMMON OPEN SPACE. Any privately owned open space including private parks, nature areas, playgrounds and trails, including accessory recreational buildings and structures which are an integral part of a development.
      COMPREHENSIVE PLAN. The long-range plan for the City of St. Michael which sets forth the city's goals, policies, and guidelines for land use, transportation, municipal utilities, city expansion, management and development policies to guide the city's growth and from which the city's zoning regulations are based.
      CONDITIONAL USE PERMIT. A permit issued by the Council, in accordance with procedures specified in this chapter, as a flexibility device to enable the Council to assign dimensions to a proposed use or conditions surrounding it after consideration of adjacent uses and their functions and the special problems which the proposed use presents.
      CONTIGUOUS. Next to, abutting, or touching and having a common boundary.
      CORNICE. A horizontal molded projection that crowns or completes a building or wall.
      DECK. A flat-floored, roofless platform adjoining a dwelling, used primarily for recreation.
      DEPOSIT. Any rock, soil, gravel, sand, or other material deposited naturally or by man into a water body, watercourse, floodplain, or wetland.
      DEVELOPMENT. Any manmade change to improved or unimproved real estate, including but not limited to construction of, or additions or substantial improvements to, buildings, other structures, or accessory uses, mining, dredging, filling, grading, paving, excavation or drilling, operations or storage of materials or equipment.
      DISTRICT. A section or sections of the city for which the regulations and provisions governing the use of buildings and lands are uniform for each class of use permitted therein.
      DITCH. An open channel to conduct the flow of water.
      DIVERSION. A channel that intercepts surface water runoff and that changes the accustomed course of all or part of a stream.
      DRAINAGE. The removal of surface water or ground water from land.
      DREDGING. Enlarging or cleaning out a water body, watercourse, or wetland.
      DRIVEWAY. A private drive to an off-street destination such as a garage or parking area providing access for motor vehicles from a public way or driveway approach.
         (a)   DRIVEWAY ACCESS (CURB CUT). An area between the curb or pavement edge of a public street and the private property line intended to provide access for vehicles from a roadway or public street to a driveway on public property.
         (b)   OFF-DRIVE PARKING AREA. An off-street area connected to a driveway intended for the parking of vehicles.
         (c)   TURN AROUND PAD. An off-street area connected to a driveway intended to allow vehicles to turn around on site and exit onto roadways in a forward-facing position.
      DUMPSTER. A container used for the disposal of rubbish or waste materials.
      DWELLING UNIT SIZE. The square footage of the lot which is covered by a dwelling unit footprint computed by multiplying the outside measurements of the dwelling. In computing the square footage, the measurements shall exclude the dimensions of any garage. This term is to be distinguished from "floor area."
      EASEMENT. A granted right by a land owner to a person, government agency, or public utility company to use his or her land for a specific purpose.
      EAVES. The projecting overhang at the lower edge of a roof.
      EROSION. Any process that wears away the surface of the land by the action of water, wind, ice or gravity. Erosion can be accelerated by the activities of people and nature.
      EQUAL DEGREE OF ENCROACHMENT. A method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows.
      EXCAVATION. Any land-disturbing activity by which organic matter, earth, sand, gravel, rock, trees, vegetation, or other ground cover is cleared, graded, cut into, dug, quarried, uncovered, removed, displaced, relocated or moved, and includes the conditions resulting therefrom.
      FAMILY. One or more persons each related to the other by blood, marriage, adoption, or foster care, or a group of not more than three persons not so related, maintaining a common household and using common cooking and kitchen facilities.
      FENCE. Any partition, structure, wall, or gate erected as a dividing marker, barrier, or enclosure.
         (a)   BOUNDARY LINE FENCE. A fence located within five feet of a property line.
         (b)   INTERIOR YARD FENCE. A fence located five feet beyond a property line.
      FILLING. The act of depositing any rock, soil, gravel, sand, or other material so as to fill or partly fill a water body, watercourse, or wetland.
      FLOOD. A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas.
      FLOOD FREQUENCY. The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded.
      FLOOD FRINGE. That portion of the flood plain outside of the floodway. FLOOD FRINGE is synonymous with the term FLOODWAY FRINGE used in the Flood Insurance Study for St. Michael, Minnesota.
      FLOOD PLAIN. The beds proper and the areas adjoining a wetland, lake, or watercourse which have been or hereafter may be covered by the regional flood.
      FLOODPROOFING. A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages.
      FLOODWAY. The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain which are reasonably required to carry or store the regional flood discharge.
      FLOOR AREA. The floor area of a building is the sum of the gross horizontal areas of the several floors of the building, measured from the exterior faces of the exterior walls.
      FRONTAGE. The portion of a property that abuts a public or private street. For lots which abut streets on multiple sides, the required frontage for a lot shall only be measured along the front lot line.
      GARAGE. An accessory building designed or used for the storage of automotive, motor- driven vehicles owned and used by the occupants of the building to which it is accessory.
      GRADE (ADJACENT GROUND ELEVATION). The lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line, or when the property line is more than five feet from the building, between the building and a line five feet from the building.
      GRADE, FINISHED. The final elevation of the ground surface after man-made alterations, such as grading, grubbing, filling, mounding, or excavating, have been made on the ground surface.
      GRADE, NATURAL. The natural grade or elevation of the ground surface that existed prior to man-made alterations such as grading, grubbing, filling, mounding or excavating.
      GRADING. Changing the natural or existing topography of land.
      GROUNDWATER. Water contained below the surface of the earth in the saturated zone including, without limitation, all waters whether under confined, unconfined, or perched conditions, in near surface unconsolidated sediment or regolith, or in rock formations deeper underground. The term GROUNDWATER shall be synonymous with UNDERGROUND WATER.
      IMPERVIOUS SURFACE. An artificial or natural surface through which water, air, or roots cannot penetrate.
      JUNK or REFUSE. Any scrap, waste, reclaimable material, or debris, whether or not stored or used in conjunction with dismantling, processing, salvaging, storing, baling, disposal, or other use or disposition. JUNK includes vehicles, tires, vehicle parts, equipment, paper, rags, metal, glass, building materials, household appliances, brush, wood, and lumber.
      KITCHEN. A habitable room intended to be used for the cooking of food or the preparation of meals.
      LAND RECLAMATION. The process of the re-establishment of acceptable topography (i.e. slopes), vegetative cover, and soil suitability and the establishment of safe conditions appropriate to the subsequent use of the land.
      LANDSCAPING. The modification of the landscape for an aesthetic or functional purpose. Landscaping includes the preservation of existing vegetation and the continued maintenance thereof together with grading and installation of new planting materials.
      LOADING SPACE. That portion of a lot or plot designed to serve the purpose of loading and/or unloading all types of vehicles.
      LOT. A portion of a subdivision or other parcel of land intended for building development or for transfer of ownership.
         (a)   CORNER LOT. A lot situated at the junction of and abutting on two or more intersecting streets; or a lot at the point of deflection in alignment of a single street, the interior angle of which is 135° or less.
         (b)   DOUBLE FRONTAGE LOT. An interior lot having frontage on two streets.
         (c)   INTERIOR LOT. A lot other than a corner lot, including through lots.
         (d)   IRREGULAR LOT. Any interior lot where the opposing property lines are generally not parallel, such as a pie-shaped lot on a cul-de-sac, or where the lot lines have unusual elongations, angled, or are curvilinear, often due to topography or other natural land features.
         (e)   THROUGH LOT. A lot fronting on two parallel streets.
 
      LOT AREA. The area of the horizontal plane within the lot lines. For purpos es of determ ining accessory space, the lot area shall exclud e all property within the ordinary high-w ater level or bound ary of all wetlan ds, streams, lakes, rivers, or storm water ponds. It shall also exclude any road easement for all parcels created after June 1, 2006.
      LOT LINE. A propert y boundary line of any lot held in single or separate ownership; except that where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be the street or alley right-of-way.
      LOT LINE, FRONT. The front line of a lot shall be, for purposes of complying with this chapter, that boundary abutting a public right-of-way having the least width. The Zoning Administrator may designate the front lot line based on the practical front yard of the property as determined by such factors as the existing or proposed building configuration and consideration of the characteristics of surrounding properties.
      LOT OF RECORD. Any lot which is part of a subdivision the plat of which has been recorded in the County Recorder's Office, or a lot described by metes and bounds the deed to which has been recorded in the County Recorder's Office, prior to July 23, 2024.
      LOT WIDTH. The shortest horizontal distance between the side lot lines measured at right angles at the required minimum building setback line.
      MNRAM. The Minnesota Routine Assessment Methodology (MnRAM) as referenced in Minnesota Rules 8420. MnRAM is a field tool used to assess wetland functions on a qualitative basis. Functions include floral diversity and integrity; wildlife habitat; water quality protection; flood and stormwater attenuation; recreation, aesthetics, education and science; fishery habitat; shoreline protection; groundwater interaction and commercial uses.
      NATURAL DRAINAGE SYSTEM. All land surface areas which by nature of their contour configuration collect, store, and channel surface water runoff.
      NONCONFORMITIES. Uses, structures, or lots that do not comply with the current zoning ordinance.
         (a)   LEGAL. Any structure or use which lawfully existed at the time of the passage of this chapter, but does not conform to the regulations of this chapter.
         (b)   ILLEGAL. Any structure or use which did not conform to the regulations of this chapter at the time it was established or does not conform to the regulations of this chapter.
      OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory floodplain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water.
      OPEN SPACE. See USABLE OPEN SPACE.
      ORDINARY HIGH WATER LEVEL. The boundary of water basins, watercourses, public waters, and public waters wetlands, and:
         (a)   The ordinary high-water level is an elevation delineating the highest water level that has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly the point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial;
         (b)   For watercourses, the ordinary high-water level is the elevation of the top of the bank of the channel; and
         (c)   For reservoirs and flowages, the ordinary high-water level is the operating elevation of the normal summer pool.
      PATIO/PLATFORM - GROUND LEVEL. A structure made of concrete, brick, wood, or other building materials, with a height of eight inches or less from ground level from any point of the structure, and is not attached to a principal or accessory structure.
      PERFORMANCE STANDARD. A criterion established to control noise, odor, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat or other nuisance elements generated by or inherent in uses of land or buildings.
      PERSON. An individual, firm, partnership, association, corporation, or organization of any kind.
      PLANNED UNIT DEVELOPMENT. A type of development characterized by a unified site design which may include a variety of land uses and structures. The planned unit development is distinguished from the traditional subdivision and site plan approval processes of development in that development standards such as setbacks, height limits, and minimum lot sizes may be altered by negotiation and agreement between the developer and the municipality to improve site design and operation.
      PLANNING COMMISSION. The St. Michael Planning Commission, except when otherwise designated.
      PLAT. A map, drawing, or chart representing a proposed subdivision of land submitted by the owner with intent to record.
      PLOT. A tract, other than one unit of a recorded plat or subdivision, occupied and used or intended to be occupied and used as a building site and improved or intended to be improved by the erection thereon of a building and accessory buildings and having a frontage upon a public street or highway and including as a minimum such open spaces as required under this chapter.
      PORCH, UNENCLOSED. An entrance structure at the ground floor entry level consisting of a roof and a floor and where the front and sides of the structure remain open to the outside elements. Such entrance structure shall not have mesh screening.
      PORTABLE STORAGE CONTAINER. A portable container capable of movement from one site to another, that is used for the temporary storage of personal property.
      PUBLIC UTILITY. Any person, firm, corporation, municipal department, or board fully authorized to furnish, and furnishing under municipal regulation to the public, electricity, gas, steam, communication services, telegraph services, transportation, or water.
      PUBLIC VALUE CREDIT (PVC). Wetland replacement credit that can only be used for the portion of wetland replacement requiring greater than a one to one ratio of wetland fill to wetland replacement.
      PUBLIC WATERS. Any water as defined in M.S. § 103G.005, Subd. 15, 15a.
      REACH. A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or manmade obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach.
      REGIONAL FLOOD. A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. REGIONAL FLOOD is synonymous with the term BASE FLOOD used in the Flood Insurance Study.
      REGULATORY FLOOD PROTECTION ELEVATION. An elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway.
      RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by a street, walkway, drainageway, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer, trail, or other public use.
      RIPARIAN. Land adjacent to public waters, drainage systems, wetlands, or locally designated priority waters.
      ROOF LINE. The top of the coping or, when the building has a pitched roof, at the intersection of the outside wall with the roof.
      SCIENTIFIC OR NATURAL AREA. An area designated by local, state or federal action as providing unique qualities such as recreational, scientific or educational uses. This would include, but is not limited to areas that:
         (a)   Have resources restored for specific purposes, such as water quality improvements, wetland mitigation or wildlife habitat;
         (b)   Are recognized as an Outstanding Resource Value Water (Minnesota Rules Chapter 7050);
         (c)   Are within an environmental corridor identified in a local water management plans;
         (d)   Are part of a sole-source aquifer recharge area;
         (e)   Provide endangered species habitat; or
         (f)   Have biological communities or species that are listed in the Natural Heritage inventory database.
      SCREENING. The presence of an artificial barrier, vegetation, or topography which makes any structure on any property visually inconspicuous.
      SEASONAL PORCH. A structure attached to the principal structure, designed to be used during the warmer seasons and which may contain partial wall construction and a roof, but contains no enclosed space above or below, and is not equipped with windows or heating and cooling systems.
      SEDIMENT. The product of an erosion process; solid material both mineral and organic, that is in suspension, is being transported or has been moved by water, air or ice, and has come to rest on the earth's surface either above or below water level.
      SETBACK LINE. The mean horizontal distance between the property line and the line of the building or the allowable building line as defined by the yard regulations of this chapter.
      SHORE IMPACT ZONE. Land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50% of the structure setback.
      SHORELAND. Land located from public water 1,000 feet from the Ordinary High Water Level of a lake, ponds or flowage and 300 feet from a river or stream or the landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater.
      SHRUB. A small perennial bush, having several woody stems that grow from the base, is not tree-like in appearance.
      SITE PLAN. A map drawn to scale depicting the development of a tract of land, including but not limited to the location in relationship of structures, streets, driveways, recreation areas, parking areas, utilities, landscaping, and walkways as related to a proposed development.
      SLOPE. The degree of deviation of a surface from the horizontal usually expressed in percent or degree.
      STEEP SLOPE. Lands having average slopes over 12%, as measured over horizontal distances of 50 feet or more, that are not bluffs.
      STORY. That portion of a building included between the surface of a floor and the surface of the floor next above it, or, if no such floor is above, the space between such floor and the ceiling next above it.
         (a)   HALF STORY. A space under a sloping roof where the line intersecting the roof decking and wall face is not more than three feet above the top floor level, and in which space not more than two-thirds of the floor area is finished off for use. A half story containing independent apartment or living quarters shall be counted as a full story.
      STREAM. A natural channel or bed that conducts a flow of water, as in a brook or creek.
      STREET. A public right-of-way affording primary access by pedestrians and vehicles to abutting properties, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane or place or however otherwise designated.
      STRUCTURE. Anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, pergolas, decks, gazebos, travel trailers/vehicles not meeting the exemption criteria, and other similar items.
      STRUCTURE, ACCESSORY. A subordinate building or structure on the same lot which is not attached to the principal structure, exclusively occupied by or devoted to a use incidental to the main use. Accessory structures may include garages, sheds, carports, greenhouses, and other similar structures.
         (a)   PRINCIPAL USE or PRINCIPAL STRUCTURE. A structure that is exclusively occupied by or devoted to the principal use on a property.
      STRUCTURAL ALTERATIONS. Any change in the supporting members of a building, such as bearing walls, columns, beams, or girders.
      SUBDIVISION. The division of a single plot, tract, or parcel of land, or a part thereof, into two or more lots, tracts, or parcels of land for the purpose of either immediate or future transfer of ownership for residential, commercial, or industrial purposes; or the division of a single lot, tract, or parcel of land into two parking areas or leaseholds for the purpose of either immediate or future building development for residential, commercial, or industrial purposes; provided such division does not result in a violation of any other section of this chapter or any other ordinance or code provision of the city.
      SURFACE WATER. All streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, watercourses, and irrigation systems whether natural or artificial, public or private, except that surface waters do not include treatment basins or ponds that were constructed from upland.
      TERRACE. A platform that is not held up by posts and footings and that projects from the wall of the principal structure, is surrounded by a railing and has no exterior accesses.
      TREE. A woody stemmed perennial plant with lateral branching from the main stem(s) occurring a minimum of six inches off the ground and a minimum height of ten feet at maturity.
         (a)   DECIDUOUS TREE. A tree which naturally sheds its leaves/foliage annually.
         (b)   EVERGREEN TREE. A tree with foliage that persists and remains green year-round.
         (c)   ORNAMENTAL TREE. A tree that does not exceed more than 25 feet in height or crown diameter at maturity and has an ornamental characteristics to include showy flowers, fruit, foliage, or bark.
         (d)   SIGNIFICANT TREE. Significant trees are any healthy over-story or coniferous tree over eight inches in diameter, as measured 54 inches from the ground.
      UPLAND. All lands at an elevation above the normal high water mark.
      USABLE OPEN SPACE. A required ground area or terrace area on a lot which is graded, developed, and equipped and intended and maintained for either active or passive recreation or both, available and accessible to and usable by all persons occupying a dwelling unit or rooming unit on the lot and their guests. Such areas shall be grassed and landscaped or covered only for a recreational purpose. Roofs, driveways, and parking areas shall not constitute usable open space.
      USE. The purpose for which land or premises or a building thereon is designated, arranged, or intended, or for which it is or may be occupied or maintained.
      USE, ACCESSORY. A use on the same lot with, and of a nature customarily incidental and subordinate to, the principal use.
      USE, AUXILIARY. A use which, on its own, is capable of being a separate, principal use, unlike an accessory use, but is designed or planned to function as supplementary but complementary to a principal use together in the same building or on the same site. An auxiliary use must be a permitted or conditional use in the zoning district in which it is located.
      USE, PRINCIPAL. The primary use of land or buildings as distinguished from subordinate or accessory uses.
      VARIANCE. Variances shall be granted as provided in § 155.096.
      VEGETATION. The sum total of plant life in some area; or a plant community with distinguishable characteristics.
      VEGETATION, NATIVE. Plant species indigenous to or naturalized to the state or plant species classified as native in the Minnesota Native Plant Database (Minnesota Dept. of Natural Resources, 2002 or as amended). Native vegetation does not include weeds.
      VISUALLY INCONSPICUOUS. Difficult to see or not readily noticeable.
      WATER BODY. A body of water (lake, pond) in a depression of land or expanded part of a river, or an enclosed basin that holds water and is surrounded by land.
      WATERCOURSE. A channel or depression through which water flows, such as a river, a stream, or a creek, and may flow year-round or intermittently.
      WATERSHED. The area drained by the natural and artificial drainage system, bounded peripherally by a bridge or stretch of high land dividing drainage areas.
      WEEDS. Noxious weeds as defined and designated pursuant to the Minnesota noxious weed law, or any volunteer plants, such as but not limited to spotted knapweed (Centaurea maculosa) or burdock (Arctium minus). For the purpose of this definition, weeds do not include dandelions or clover.
      WETLAND. Wetland has the meaning given under Minnesota Rule, part 8420.0111.
      WETLAND ALTERATION. Alteration of a wetland includes changes to the wetland or wetland buffer strip in regards to size, depth or contour; dredging; tilling; ditching; or changes in vegetation. Alterations would not include wetland plantings or selective clearing or pruning of prohibited or restricted noxious weeds as defined in M.S. § 18.77, unless within a conservation easement in which case submission of and approval of a Vegetation Management Plan from the city is required.
      WETLAND BUFFER STRIP. An area of vegetated groundcover around the perimeter of a wetland that, either in its natural condition or through intervention, has the characteristics of a buffer as defined in this section.
      WETLAND PLAN. A summary of all work items to be completed in relation to any wetland alterations or wetland or wetland buffer strip restoration, replacement, or construction and the estimated cost for each item. Work items include, but are not limited to, wetland buffer strip monument purchase and installation, weed control, landscaping within the wetland or wetland buffer strip, wetland and wetland buffer strip monitoring or any items determined to be incomplete during the development review process.
      WETLAND TYPE. Determined in accordance with United States Fish and Wildlife Service (latest circular addition) and/or Minnesota Rules 8420. For wetlands greater than 40 acres in the overall wetland type shall be one of the following:
         (a)   The wetland type with the deepest water regime within the wetland and within 300 feet of the impact;
         (b)   The wettest dominant water regime, if it is greater than 20% of the wetland types present within the wetland; or
         (c)   Other method pre-approved in writing by the Zoning Administrator or his or her designee. For wetlands less than 40 acres in size, the overall wetland type shall be the wetland type with the deepest water regime within the entire wetland.
      WILDLIFE HABITAT. Plant communities that support wildlife in a natural undomesticated state.
      YARD. The open, unoccupied space on a lot surrounding its principal building which is unobstructed from its lowest level to the sky, except as otherwise permitted in this chapter.
         (a)   FRONT YARD. A yard abutting a public or private road and extending across the front of the lot between the side lot lines and lying between the front line of the lot and the principal building. For lots fronting on public bodies of water, the front yard shall be considered the portion of the lot opposite the body of water. In the case of a corner lot abutting two or more streets, all yards abutting the street shall be considered front yards.
         (b)   REAR YARD. A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the building. For irregular shaped lots, the measurement of the rear yard setback is taken from a line drawn from side lot line(s) to side lot line(s) equal in length to the required side yard setbacks, parallel to and at a maximum distance from the front property line.
         (c)   SIDE YARD. A yard between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard.
      REAR YARD DEPTH. The mean horizontal distance between the rear line of the building and the centerline of an alley, where an alley exists; otherwise a rear lot line.
      ZONING ADMINISTRATOR. The duly appointed officer charged with the administration and enforcement of this chapter or his or her designated representative.
      ZONING DISTRICTS. Areas of the city (as defined on the zoning map) set aside for specific uses with the specific requirements for use of development.
      ZONING MAP. The map or maps incorporated into this chapter as a part thereof designating the zoning districts.
   (C)   Use definitions.
      ACCESSORY RETAIL. A retail or service use which is secondary and incidental to the principal use on a property. Accessory retail may include but not be limited to retail commercial activities, personal services, and food service such as a cafeteria, delicatessen, or coffee shop.
      ADULT EDUCATION AND TRAINING FACILITY. A place where education or instruction is regularly provided to groups of persons aged 18 or older in areas including, but not necessarily limited to, the following: training in adult literacy, employment skills or personal improvement; assembly or production; business or clerical; computers; cosmetology or hairstyling; electronics or mechanics; real estate; or skilled crafts.
      ADULT USE. Any business that is characterized by, or places a significant emphasis on, providing its patrons with merchandise, services or entertainment that is characterized by an emphasis on the depiction, exposing, describing, discussing of "specified sexual activities" or "specified anatomical areas". For purposes of this definition, adult establishments include, without limitation, adult bookstores, adult motion picture theaters, adult massage parlors, adult saunas, adult companionship establishments, adult health clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotel or motel, and adult body painting studios.
         (a)   ADULT USE, ACCESSORY. The offering of retail goods for sale which are classified as adult uses on a limited scale and which are incidental to the primary activity and goods and/or services offered by the establishment. Examples of such items include the sale of adult magazines, the sale and/or rental of adult motion pictures, the sale of adult novelties, and the like.
         (b)   ADULT USE, PRINCIPAL. The offering of goods and/or services which are classified as adult uses as a primary or sole activity of a business or establishment, including, but not limited to, the following:
            1.   BODY PAINTING STUDIO. An establishment or business which provides the service of applying paint or other substance, whether transparent or non-transparent, to or on the body of a patron when such body is wholly or partially nude in terms of SPECIFIED ANATOMICAL AREAS.
            2.   BOOKSTORE. A building or portion of a building used for the barter, rental, or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape, or motion picture film if such building or portion of a building is not open to the public generally but only to one or more classes of the public excluding any minor by reason of age or if a substantial or significant portion of such items are distinguished or characterized by an emphasis on the depiction or description of SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS.
            3.   CABARET. A building or portion of a building used for providing dancing or other live entertainment, if such building or portion of a building excludes minors by virtue of age or if such dancing or other live entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction, or description of SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS.
            4.   COMPANIONSHIP ESTABLISHMENT. A companionship establishment which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk, or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS.
            5.   CONVERSATION/RAP PARLOR. A conversation/rap parlor which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk, or discussion, if such service is distinguished or characterized by an emphasis on SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS.
            6.   HEALTH/SPORT CLUB. A health/sport club which excludes minors by reason of age, or if such club is distinguished or characterized by an emphasis on SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS.
            7.   HOTEL or MOTEL. A hotel or motel from which minors are specifically excluded from patronage and wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS.
            8.   MASSAGE PARLOR or HEALTH CLUB. A massage parlor or health club which restricts minors by reason of age, and which provides the service of massage, if such service is distinguished or characterized by an emphasis on SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS.
            9.   MINI-MOTION PICTURE THEATER. A building or portion of a building with a capacity for less than 50 persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if such material is distinguished or characterized by an emphasis on SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS for observation by patrons therein.
            10.   MODELING STUDIO. An establishment whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in SPECIFIED SEXUAL ACTIVITIES or display SPECIFIED ANATOMICAL AREAS while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers.
            11.   MOTION PICTURE ARCADE. Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically, or mechanically controlled or operated still or motor picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS.
            12.   MOTION PICTURE THEATER. A building or portion of a building with a capacity of 50 or more persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age or if such material is distinguished or characterized by an emphasis on SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS for observation by patrons therein.
            13.   NOVELTY BUSINESS. A business which has as a principal activity the sale of devices which stimulate human genitals or devices which are designed for sexual stimulation.
            14.   SAUNA. A sauna which excludes minors by reason of age, or which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing, or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS.
            15.   STEAM ROOM/BATHHOUSE FACILITY. A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing, or reducing agent, if such building or portion of a building restricts minors by reason of age or if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS.
         (c)   SPECIFIED ANATOMICAL AREAS.
            1.   Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female breast(s) below a point immediately above the top of the areola; and
            2.   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
         (d)   SPECIFIED SEXUAL ACTIVITIES.
            1.   Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or clearly depicted human genitals in the state of sexual stimulation, arousal, or tumescence;
            2.   Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation;
            3.   Fondling or touching of nude human genitals, pubic region, buttocks, or female breast;
            4.   Situations involving a person or persons, any of whom are nude or clad in undergarments or in sexually revealing costumes and who are engaged in activities involving the flagellation, torture, fettering, binding, or other physical restraint of any such persons;
            5.   Erotic or lewd touching, fondling, or other sexually-oriented contact with an animal by a human being; or
            6.   Human excretion, urination, menstruation, or vaginal or anal irrigation.
      AGRICULTURE. The use of land for agricultural purposes including farming, dairying, pasturing, agriculture, horticulture, floriculture, and animal and poultry husbandry and the necessary accessory uses for packing, treating, or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities.
      ANIMAL-RELATED USE. Any use involving the care and keeping of animals, including but not limited to commercial riding stables or kennels.
         (a)   COMMERCIAL STABLE. A structure in which horses are sheltered, fed, or kept for sale or hire to the general public. This structure may be either a freestanding principal use or may be counted as an accessory structure.
         (b)   KENNEL, COMMERCIAL. Any place where more than two dogs over six months of age are kept, and where the business of selling, boarding, breeding, showing, or grooming of dogs or other animals is conducted, with the exception of veterinary clinics.
         (c)   KENNEL, RESIDENTIAL. Any place where more than two dogs over six months of age are kept on premises which are zoned and occupied for residential purposes, and where the keeping of such dogs is incidental to the occupancy of the premises for residential purposes.
      ASSEMBLY USE. A group of persons gathered together at regular, scheduled intervals for a particular purpose (e.g. religious, political, educational, social or cultural). Types of assemblies include movie theaters, concert halls, places of worship, auditoriums, banquet or meeting rooms, conference centers, and the like.
      ASSISTED LIVING FACILITY. A residential facility licensed by the state which provides services on a regular basis, such as personal services, 24-hour supervision, social activities, and health-related care and services, to individuals who require the assistance, but who do not require the degree of care and treatment that a hospital or skilled nursing facility provides.
      AUTO REPAIR, MAJOR. General repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers; collision service, including body, frame, or fender straightening or repair; overall painting or paint jobs; and vehicle steam cleaning.
      AUTO REPAIR, MINOR. Minor repairs, incidental body and fender work, painting and upholstering, replacement of parts and motor services to passenger automobiles and trucks not exceeding 12,000 pounds gross weight, but not including any operation specified under AUTOMOBILE REPAIR, MAJOR.
      BREWPUB. A restaurant operated by a brewer licensed under M.S. § 340A.301, Subd. 6d on the microbrewery's premises of manufacture.
      CANNABIS BUSINESS. A cannabis microbusiness, cannabis mezzobusiness, cannabis cultivator, cannabis manufacturer, dispensary, cannabis wholesaler, cannabis transporter, cannabis testing facility, cannabis delivery services, or medical cannabis combination business licensed, or any use otherwise authorized, under M.S. Chapter 342.
      CANNABIS CULTIVATION. A use involving the licensed growing and harvesting of cannabis.
      CANNABIS OR HEMP MANUFACTURING. An establishment or use of land which involves the compounding, processing, packaging, wholesaling, testing, treatment, transportation, or delivery of cannabis or hemp products.
      CANNABIS RETAIL. A licensed establishment where cannabis flowers, immature cannabis plants and seedlings, and related products as allowed by law are sold to individual consumers who are at least 21 years of age.
      CEMETERY. Land used or intended to be used for the burial of the animal or human dead and dedicated for cemetery purposes, including crematories, mausoleums, columbaria, chapels, and mortuaries if operated in connection with and within the boundaries of such cemetery.
      CLINIC. A facility used primarily for the provision of outpatient medical, dental, chiropractic, therapeutic, optometric or mental health care and treatment.
      COMMERCIAL CENTER. Commercial sites that consist of primarily retail establishments with two or more separate businesses managed as a total entity and sharing common access, circulation, and pedestrian and parking areas so that a public right-of-way does not need to be used to get from one business to another.
      COMMERCIAL RECREATION - OUTDOOR. Land or outdoor facilities operated as a business and which are open to the general public for a fee that shall include, but is not limited to, golf courses, outdoor swimming pools, amusement parks, and other similar businesses. Such facility may also provide a snack bar, restaurant, retail sales of related items, and other support facilities.
      COMMUNICATION DEVICE. Any satellite dish, amateur radio tower, or ground-mounted satellite vertical antenna that is used in whole or in part for the collection, communication, transmission, or receiving of telecommunications signals.
      CONSTRUCTION-RELATED TEMPORARY USE. A temporary use or structure related to construction activities on the same site. This use may consist of model homes, construction-related trailers, mobile structures used for construction offices and storage, batch plans, and temporary offices to replace permanent facilities being reconstructed.
      CONTINUING CARE SENIOR FACILITY. A residential facility or complex which provides a variety of senior living choices, from independent living to long-term care, with a goal of helping residents to age in place.
      DAY CARE.
         (a)   DAY-CARE CENTER. A state-licensed facility other than a private residence that provides for the care of children during only part of a 24-hour day and licensed under Minnesota Rules 9502.
         (b)   FAMILY DAY CARE. Day care for no more than ten children at one time of which no more than six are under school age which is licensed under Minnesota Rules 9502. The licensed capacity must include all children of any caregiver when the children are present in the residence.
         (c)   GROUP FAMILY DAY CARE. Day care for no more than 14 children at any one time within a residence which is licensed under Minnesota Rules 9502. The total number of children includes all children of any caregiver when the children are present in the residence.
      DRIVE-THROUGH ESTABLISHMENT. An accessory use, structure, or portion of a principal structure where patrons may purchase products or receive service without having to leave their motor vehicle (and enter a building). Pick-up windows are included in this use.
      DWELLING. A building or portion thereof, designated exclusively for residential occupancy. This does not include hotels, motels, seasonal cabins, or trailers.
      DWELLING, APARTMENT. A residential structure consisting of five or more dwelling units designed exclusively for use by five or more households living independently of each other, but sharing hallways and main entrances and exits.
      DWELLING, APARTMENT MIXED USE. A building designed for one or more dwelling units as well as non-residential uses that are permitted in the zoning district to be located on the ground story, with all dwelling units sharing a joint entrance from the outside.
      DWELLING, ATTACHED TOWNHOUSE OR ROWHOUSE. A single residential unit which is located within a larger residential structure containing three or more units and which is separated from the adjoining dwelling unit(s) by at least one common wall. Each dwelling unit shall have separate and individual entrances.
      DWELLING, DUPLEX. A residential structure designed for or occupied by two households only, with both units on one lot.
      DWELLING, SINGLE-UNIT DETACHED. A site-built or factory-built residential structure designed exclusively for occupancy by one household. This definition includes manufactured homes located outside of a manufactured home park.
      DWELLING, THREE- TO FOUR-UNIT. A single residential structure on a single lot which is designed for the occupancy of three or four households living independently of one another; the units may share a common entrance or have individual entrances.
      DWELLING, TWINHOME. A residential structure designed to house a single household on a single lot which is attached by a common wall or walls to an adjoining dwelling unit.
      DWELLING UNIT. A single unit within a residential building or portion thereof providing complete, independent living facilities for one family or group of single adults for living or sleeping purposes, and having one kitchen.
      ESSENTIAL SERVICES. The erection, construction, alteration, or maintenance by public utilities or municipal or other governmental agencies of underground or overhead gas, electrical, steam, or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduit tables, fire alarm boxes, police call boxes, traffic signals, hydrants, street signs, and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare.
      FEEDLOT, COMMERCIAL. A lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising or holding of animals and specifically designed as a confinement area in which manure may accumulate, or where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. Pastures shall not be considered animal feedlots under these rules. Fish farms [aquaculture] shall be considered feedlots for the purposes of this section.
      FUNERAL HOME, MORTUARY. 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 preparation of the dead for burial;
         (b)   The performance of autopsies and other surgical procedures;
         (c)   The storage of caskets, urns, and other related funeral supplies;
         (d)   The storage of funeral vehicles;
         (e)   Facilities for cremation; and
         (f)   A funeral chapel or other area used for the performance of funeral ceremonies, mourning, and viewing of the deceased.
      GOVERNMENT ADMINISTRATIVE OR SERVICE USE. A structure or structures in which municipal, county, state, or federal administrative offices are located or services are provided, including but not limited to city hall, post offices, libraries, or museums. Any area of land, water, or any building in which social and cultural events, amusement, recreation, or athletic sports are provided for public and semi-public use is included within this definition.
      HOME EXTENDED BUSINESS. A home occupation located on the homestead property of the business operator which allows for limited business activity within a detached accessory structure.
      HOME OCCUPATION. Any occupation, profession, or activity engaged in by the occupants of the residential dwelling which is clearly incidental and secondary to the residential use of the premises and does not change the character of the premises. An occupation, profession, or activity shall not be considered a home occupation if the resident is performing administrative, clerical, or research work in their home for a licensed entity located elsewhere. A family child care provider or a group family child care provider shall also not be considered a home occupation.
      HOME OCCUPATION, SPECIAL. A home occupation conducted by the occupants of the residential dwelling that involves frequent clientele visits.
      HOSPITAL. An establishment providing physical or mental health services, inpatient or overnight accommodations, and medical or surgical care of the sick or injured.
      HOTEL or MOTEL. A building containing guest rooms in which lodging is provided and offered to the public on a temporary basis for compensation, and which is open to transient guests.
      LABORATORY, RESEARCH, AND/OR DEVELOPMENT FACILITY. A facility involved in scientific research, investigation, testing, or experimentation, but not including manufacture or sale of products, except as incidental to the main purpose of the laboratory.
      LONG-TERM CARE FACILITY. A facility that provides meals, lodging, and nursing care to two or more individuals due to illness, age, or infirmity. Long-term care facilities include skilled nursing facilities such as nursing homes, rest homes, boarding care homes, convalescent care, and other transitional care facilities.
      LOWER POTENCY HEMP EDIBLE RETAIL. A licensed establishment where lower-potency hemp edible products are sold to individual consumers who are at least 21 years of age.
      MANUFACTURED HOME. A structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein, except that the term includes any structure which meets all the requirements and with respect to which the manufacturer voluntarily led a certification required by the Secretary of the United States Department of Housing and Urban Development and which complies with the standards established under this chapter.
      MANUFACTURED HOME – RELATIVE/EMPLOYEE. A manufactured home which is accessory to a farmstead, provided that the home is occupied by the property owner, a blood relative, or an employee working on the premises.
      MANUFACTURED HOME PARK. An approved manufactured home park which has underground utility service to each site and only permits independent manufactured homes.
      MANUFACTURING. Any use which includes the compounding, processing, packaging, treatment, or assembly of products and materials, provided such uses do not generate offensive odors, glare, smoke, dust, noise, vibrations, or other objectionable influence.
      MICROBREWERY. A facility that is operated by the holder of a brewer's license issued under M.S. § 340A.301 and manufacturers and distributes intoxicating malt liquor or wine in a total quantity not to exceed 250,000 barrels a year.
      MINING AND EXTRACTING. The excavation or extraction of any metallic or nonmetallic minerals or earth materials.
      NON-COMMERCIAL GREENHOUSE. A private building or structure constructed chiefly of glass, glasslike or translucent material which is devoted to the protection or cultivation of fl owers or other tender plants.
      NURSERY, GREENHOUSE, OR TREE FARM, RETAIL. An establishment for the growth, display, and retail sales of trees, shrubs, flowers, and other plants conducted within or without an enclosed building.
      NURSERY OR GREENHOUSE, WHOLESALE. An accessory business whose primary activity is the wholesale selling of plants grown on the site and having outside storage, growing, or display.
      OFF-SITE SERVICE BUSINESS. A company that provides labor, maintenance, repair and activities incidental to business production or distribution where the service is provided at the customer's location, including delivery services, catering services, plumbing and sewer service and other uses of similar character.
      OFF-STREET PARKING OR LOADING FACILITY. A land surface or facility providing off-street vehicular parking spaces with drives and maneuvering lanes so as to provide access for entrance and exit. Parking facilities may include public garages, parking ramps, surface parking lots, and other similar uses.
      OPEN AND OUTDOOR STORAGE. The storage of personal or business property for a period greater than 24 hours outside of an enclosed building. Currently licensed and operable vehicles parked in required off-street parking spaces shall not be viewed as exterior storage.
      OPEN SALES LOT. Any open land used or occupied for the purposes of buying, selling, and/or renting merchandise and for the storing of same prior to sale.
      OPEN SPACE DEVELOPMENT. A grouping of residential lots on smaller lots in order to use the extra land as open space or recreation in perpetuity.
      OUTDOOR DINING. A specified outdoor area for dining which is accessory to a principal restaurant or food service establishment use.
      OUTDOOR TEMPORARY SEASONAL SALES. A short-term display and/or sale of seasonal products such as the following: Christmas trees, nursery products and horticulture products (fruits, vegetables, flowers, shrubs and the like).
      PARK OR PLAYGROUND. An area of land and its related accessory structures developed and maintained for both active and passive recreational pursuits, including tot-lots, playgrounds, neighborhood parks, play fields and special purpose areas.
      PARKING FACILITY. A land surface or facility providing off-street vehicular parking spaces with drives and maneuvering lanes so as to provide access for entrance and exit. Parking facilities may include public garages, parking ramps, surface parking lots, and other similar uses.
      PAWN SHOP. A commercial business that loans money on the security of pledges of personal property, or deposits and conditional sales of personal property, or the purchase or sale of personal property.
      PET STORE. A retail sales establishment primarily involved in the sale of domestic animals, such as dogs, cats, fish, birds, and reptiles, excluding exotic animals and farm animals such as horses, goats, sheep, and poultry.
      PLACE OF WORSHIP. Building(s) or structure(s) which by design, construction, and/or adaptation are primarily intended for the conducting of organized religious services and associated accessory uses.
      PRE SCHOOL. A public or private institution, together with its accessory buildings and uses, for the organized instruction of pupils who have not reached the age for enrollment in kindergarten.
      PRODUCE STAND. A stand, booth, stall, or similar structure from which agricultural products raised on the property are sold.
      PROFESSIONAL OFFICE/SERVICES. An establishment used primarily for conducting the predominantly administrative or clerical service affairs of a business, profession, service, industry or government, or like activity. This use may include ancillary services for office workers, such as a restaurant, coffee shop, newspaper or candy stand and child care facilities.
      RECREATIONAL AMENITY, PRIVATE. A private area or facility intended to serve the recreational needs of a specific residential population and their guests. Private recreational amenities include but are not limited to: tennis courts, walking trails, basketball courts, and playground equipment.
      RECREATIONAL VEHICLE. A self-propelled vehicle or trailer which is used primarily for recreational purposes, including but not limited to motor homes, travel trailers, snowmobiles, boats, jet skis, dirt bikes, and ATVs.
      RESIDENTIAL CARE FACILITY. An in-home residential facility licensed by the state which provides primarily nonmedical care to individuals who are in need of personal assistance to manage the activities of daily life or for the protection of the individual.
      RESTAURANT. An establishment, where food and drink are prepared and served for human consumption, principally within the establishment or for take-out to be consumed off-premises.
      RETAIL SALES AND SERVICE, STANDALONE STORE. A detached structure where goods or services are sold.
      SCHOOL. A public or private institution, together with its accessory buildings and uses, for learning with either a kindergarten, elementary or secondary curriculum with buildings, equipment, courses of study, class schedules, enrollment of pupils and staff meeting the standards established by the state. Examples of accessory uses for a school include, but are not limited to gymnasiums, swimming pools, auditoriums, and offices in support of the school use.
      SEASONAL STORAGE. Indoor storage of personal recreational items or equipment in any agricultural building(s) where more than 25% of the building is used at any time for the purpose of renting or leasing indoor storage space, and is open to the public on a limited seasonal basis.
      SELF-STORAGE FACILITY. A structure or structures containing separate storage spaces of varying sizes, which are leased or rented individually. An office, for rental and operations of the units, may be attached to such structures.
      SOLAR ENERGY SYSTEM. A device or structural design feature, a substantial purpose of which is to provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generating, or water heating.
         (a)   SOLAR ENERGY SYSTEM, BUILDING INTEGRATED. A solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building, examples of which are roofing materials, windows, skylights, and awnings.
         (b)   SOLAR ENERGY SYSTEM, GROUND-MOUNTED. A freestanding solar system mounted directly to the ground using a rack or pole rather than being mounted on a building.
      SWIMMING POOL. Any pool, tank, depression or excavation in or above-ground, or other structure which shall cause or has the capacity to retain water with a depth greater than 30 inches which shall be designed for the intent to be used for swimming, wading, or immersion purposes by individuals.
      TAPROOM. A room that is located on the premises or adjacent to one microbrewery location owned by a licensed microbrewery intended for the on-sale of malt liquor produced on site by the brewer as authorized by M.S. § 340A.301, Subd. 6b.
      TOWERS AND WIRELESS FACILITY. Any tower or wireless facility designed and constructed primarily for the purpose of wireless communication, transmission, and distribution.
      UTILITY BUILDING. An incidental structure on the same lot with a principal building ordinarily used for storage of lawn, garden, recreational, and maintenance equipment and no larger than 120 square feet in size.
      VEHICLE FUEL, SERVICE, OR WASH. Any building, land area or other premises, or portion thereof, used or intended to be used for the retail dispensing or sales of vehicular fuels, vehicle servicing, or cleaning, washing, polishing, or waxing of motor vehicles. This use does not include repair work.
      VEHICLE SALES AND RENTAL. Any land or buildings, other than a street, used for the display, sale, or rental of new or used motor vehicles or trailers in operable condition.
      VETERINARY CLINIC. A clinic operated by a licensed veterinarian exclusively for the diagnosis, treatment, correction, relief, or prevention of animal disease, deformity, defect, injury, or other physical or mental conditions; the performance of obstetrical procedures for animals, including determination of pregnancy and correction of sterility or infertility; and the rendering of advice or recommendations with regard to any of the above. The facility may also provide boarding for animals as part of medical services.
      WAREHOUSING. The indoor storage of materials, equipment or products. Warehousing does not include self-storage facilities which are defined separately.
      WHOLESALE SHOWROOM. The display of merchandise and sales incidental to and accessory to the principal showroom use to retailers, industrial, commercial, institutional, or professional business users, or to other wholesalers.
      WHOLESALE TRADE ESTABLISHMENT. An establishment primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional or professional business users; to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, individuals or companies.
      WIND ENERGY CONVERSION SYSTEM (WECS). An electrical generating facility comprised of one wind turbine and accessory facilities that operate by converting the kinetic energy of wind into electrical energy. The energy may be used on-site or distributed into the electrical grid.
         (a)   BLADE ARC. The arc created by the edge of the rotor blade that is farthest from the center.
         (b)   FALL ZONE. The area defined as the furthest distance from the WECS tower base in which a guyed tower will collapse in the event of a structural failure.
         (c)   ROTOR DIAMETER. The diameter of the circle described by the moving rotor blades.
         (d)   TOTAL HEIGHT. The highest point, above ground level, reached by a rotor tip or any other part of the WECS.
         (e)   TOWER. A tower includes a vertical structure that supports the electrical generator or rotor blades of the WECS.
         (f)   TOWER HEIGHT. The total height of the WECS exclusive of the rotor blades.
         (g)   TURBINE. Any piece of electrical generating equipment that converts the kinetic energy of blowing wind into electrical energy through the use of airfoils or similar devices to capture the wind.
   (D)   Floodplain Overlay District definitions.
      BASE FLOOD. The flood having a one-percent chance of being equaled or exceeded in any given year. BASE FLOOD is synonymous with the term REGIONAL FLOOD used in Minnesota Rules, part 6120.5000.
      BASE FLOOD ELEVATION (BFE). The elevation of the base flood, regional flood, or one-percent annual chance flood. The term BASE FLOOD ELEVATION is used in the flood insurance study.
      CRITICAL FACILITIES. Buildings and structures that contain essential facilities and services necessary for emergency response and recovery, or that pose a substantial risk to the public in the event of failure, disruption of function, or damage by flooding. Specifically, this includes facilities identified as Flood Design Class 4 in ASCE 24-14, Flood Resistant Design and Construction, as amended. Examples include health care facilities, facilities required for emergency response, power generating stations, communications towers, or electrical substations.
      DEVELOPMENT. Any man-made change to improved or unimproved real estate, including, but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.
      FEMA. Federal Emergency Management Agency.
      FENCE. Any partition, structure, wall, or gate erected as a dividing marker, barrier, or enclosure.
         (a)   BOUNDARY LINE FENCE. A fence located within five feet of a property line.
         (b)   INTERIOR YARD FENCE. A fence located five feet beyond a property line.
         (c)   FARM FENCE. An open type of fence of posts and horizontally run wire, further specified in M.S. § 344.02, Subd. 1(a-d).
      FLOOD. A temporary rise in the stream fl ow or water surface elevation from any source that results in the inundation of normally dry land areas.
      FLOOD FRINGE. The portion of the one-percent annual chance floodplain located outside of the floodway. This district shall be extended laterally to the 0.2-percent annual chance.
      FLOOD INSURANCE RATE MAP (FIRM). An official map on which the Federal Insurance Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).
      FLOOD INSURANCE STUDY (FIS). The study referenced in § 155.054(B)(2), which is an examination, evaluation and determination of flood hazards, and if appropriate, corresponding surface elevations, or an examination, evaluation, and determination of mudslide (i.e. mudflow) and/or flood-related erosion hazards.
      FLOOD PLAIN. The beds, channel and the areas adjoining a wetland, lake or watercourse, or other source which have been or hereafter may be inundated by the base flood.
      FLOODPROOFING. A combination of structural and non-structural additions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages.
      FLOODWAY. The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which must be reserved to carry or store the base flood discharge without cumulatively increasing the water surface elevation more than one-half foot.
      GENERAL FLOODPLAIN. Those floodplains designated on the Flood Insurance Rate Maps referenced in § 155.054(B)(2), but that do not have a delineated floodway.
      LIGHT DUTY TRUCK. Any motor vehicle that has all three of the following:
         (a)   8,500 pounds Gross Vehicle Weight Rating or less;
§ 155.016   St. Michael - Land Usage
         (b)   Vehicle curb weight of 6,000 pounds or less; and
         (c)   Basic vehicle frontal area less than 45 square feet.
      LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 CFR § 60.3.
      REGULATORY FLOOD PROTECTION ELEVATION (RFPE). An elevation that is one foot above the elevation of the base flood plus any increases in the water surface elevation caused by encroachments on the floodplain that result from designation of a floodway. These increases in water surface elevations are typically identified in the Floodway Data Tables, found in the Flood Insurance Study.
      REPETITIVE LOSS. Flood related damages sustained by a structure on two separate occasions during a ten year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25% of the market value of the structure before the damage occurred.
      STAGE INCREASE. Any increase in the water surface elevation during the one-percent annual chance flood caused by encroachments on the floodplain.
      SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
      SUBSTANTIAL IMPROVEMENT. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:
         (a)   Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
         (b)   Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." For the purpose of the Floodplain Overlay District ordinance, "historic structure" is defined in 44 CFR § 59.1.
      WATERCOURSE. A channel in which a flow of water occurs either continuously or intermittently in a definitive direction. The term applies to either natural or artificially constructed channels.
(Ord. 2402, passed 12-10-24)

§ 155.021 ESTABLISHMENT OF ZONING DISTRICTS.

   (A)   The following classifications are hereby established within the city:
      (1)   Residential Districts:
         (a)   RR, Rural Residential District;
         (b)   R-1, Single-Unit Traditional Residential District;
         (c)   R-1a, Single-Unit Flexible Residential District;
         (d)   R-2, Single-Unit Large Lot Residential District;
         (e)   R-3, Mixed Residential District; and
         (f)   R-4, Attached Residential District.
      (2)   Non-Residential Districts:
         (a)   B-1, General Business District;
         (b)   B-2, Central Business District;
         (c)   B-3, Business/Office Park District;
         (d)   I-1, General Industrial District;
         (e)   PI, Public/Institutional District;
         (f)   A-1, General Agricultural District; and
         (g)   AP, Agricultural Preservation District.
      (3)   Special or Overlay Districts:
         (a)   PUD, Planned Unit Development;
         (b)   W, Wetland Overlay District;
         (c)   S, Shoreland Overlay District; and
         (d)   FP, Floodplain Overlay District.
(Ord. 2402, passed 12-10-24)

§ 155.022 OFFICIAL ZONING MAP.

   (A)   The location and boundaries of the districts established by this chapter are hereby set forth on the Zoning Map entitled "City of St. Michael Official Zoning Map."
   (B)   The Zoning 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 by reference.
(Ord. 2402, passed 12-10-24)

§ 155.023 DISTRICT BOUNDARIES.

   (A)   Zoning district boundary lines of this chapter follow lot lines, railroad right-of-way lines, the center of watercourses, or the corporate limit lines, all as they exist upon the effective date of this chapter.
   (B)   In the case of any questions as to the interpretation of such boundary lines, the Zoning Administrator shall interpret the map according to the reasonable intent of this chapter.
   (C)   Where uncertainty exists as to the boundaries of districts shown on the Zoning Map, the following rules shall apply:
      (1)   Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines.
      (2)   Boundaries indicated as approximately following platted lot lines shall be construed to follow such lot lines.
      (3)   Boundaries indicated as approximately following city boundaries shall be construed to follow municipal boundaries.
      (4)   Boundaries indicated as following shorelines shall be construed to follow such shorelines and, in the event of a change in the shoreline, shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerline of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such centerlines.
      (5)   Boundaries indicated as parallel to or extensions of features indicated in the preceding shall be so construed. Distances not specifically indicated on the Zoning Map shall be the scale of the map.
   (D)   Appeals concerning the exact location of a zoning district boundary line shall be heard by the City Council serving as the Board of Adjustment and Appeals.
   (E)   When any street, alley, or right-of-way is vacated by official action of the city, the zoning district abutting the center line of the alley or street public right-of-way shall not be affected by such proceedings.
(Ord. 2402, passed 12-10-24)

§ 155.024 GENERAL PROVISIONS FOR ZONING DISTRICTS.

   (A)   Unplatted land.
      (1)   Residential, public/institutional, commercial, or industrial zoned property shall be platted in accordance with Chapter 154 of this code before any such property may be subdivided. The purpose of this section is to provide for the establishment of building sites and lots in an orderly manner consistent with the city's comprehensive plan and surrounding properties and structures.
      (2)   No building permit shall be issued for any of the following purposes on any property which is unplatted:
         (a)   Erection of a new home in the RR, R-1, R-1a, R-2, R-3, and R-4 zoning districts.
         (b)   Erection of any structure in all public/institutional, commercial, and industrial zoning districts;
         (c)   Erection of any structure for a public/institutional use that is listed as a conditional use in § 155.043 in the A-1, Agricultural Zoning District.
   (B)   Principal structures per lot. Only one principal structure shall be located, erected, or moved onto a lot, except that more than one principal structure shall be allowed on a lot in planned unit developments as provided for in §§ 155.051 et seq.
   (C)   Dwelling unit use and interpretation.
      (1)   No cellar, basement, garage, tent, accessory building, or temporary family health care dwelling shall at any time be used as an independent residence or dwelling unit, temporarily or permanently. Pursuant to authority granted by M.S. § 462.3593, Subd. 9, the City of St. Michael opts-out of the requirements of M.S. § 462.3593, which defines and regulates temporary family health care dwellings.
      (2)   Basements may be used as living quarters or rooms as a portion of residential dwellings.
      (3)   Earth-sheltered housing shall not be considered as a basement or cellar.
      (4)   Tents, playhouses, or similar structures may be used for play or recreational purposes.
      (5)   Recreational vehicles may not be occupied or used for living, sleeping or housekeeping purposes, for more than 14 days per calendar year on any given property.
   (D)   Lots of record.
      (1)   A lot of record existing upon the effective date of this chapter in a residential district which does not meet the requirements of this chapter as to area or width may be utilized for single-unit detached dwelling purposes provided that:
         (a)   Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership;
         (b)   The measurements of such area and width are within 70% of the requirements of this chapter; and
         (c)   Setbacks and yard requirements shall be in conformance with this chapter.
      (2)   Lots of record within the Shoreland Overlay District shall follow the requirements of M.S. § 462.357.
   (E)   Frontage of through lots. On a through lot, both street property lines shall be front lot lines for applying the yard and parking regulations of this chapter.
   (F)   Minimum lot size.
      (1)   No lot, required yard, or other open space shall be reduced in area or dimension so as to make such lot, yard, or open space less than the minimum required by this chapter.
      (2)   If the existing yard or other open space as existing is less than the minimum required, it shall not be further reduced.
      (3)   No required open space provided about any building or structure shall be included as part of any open space required for another structure.
   (G)   Yard requirements.
      (1)   Grade elevation. Maximum allowed yard slope shall be 3:1 and the minimum allowed yard slope shall be 2%.
      (2)   Setbacks. The following shall not be considered as encroachments in required yard setbacks:
         (a)   Chimneys, flues, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters, and the like provided they:
            1.   Do not project more than two feet into a setback;
            2.   Are a minimum distance of five feet from the side property line; and
            3.   Are not located within an easement.
         (b)   Steps, stoops, or similar features, provided they do not extend above the height of the ground floor level of the principal structure or to a distance less than five feet from any lot line or extend into any easement.
         (c)   In front yards.
            1.   A one-story entrance or unenclosed porch for a single-unit detached dwelling extending no more than eight feet into the front yard setback, subject to the approval of the Zoning Administrator.
            2.   Ground level patios/platforms provided:
               a.   The patio/platform is no closer than 15 feet from the front property line and no closer to an interior side lot line than five feet;
               b.   The patio/platform does not encroach into any easement area; and
               c.   The patio/platform does not have railings, except as required by ADA regulations.
         (d)   In side yards.
            1.   Ground level patio, air conditioning and/or heating equipment, and standby or backup electrical power generation unit, provided they are located a minimum distance of five feet from a side lot line and not within an easement.
         (e)   In rear yards.
            1.   Decks may be set back 15 feet to a rear property line, provided they are not within an easement.
            2.   Recreational and laundry drying equipment, arbors, trellises, balconies, terraces, ground level patio, air conditioning and/or heating equipment, and standby or backup electrical power generation units, provided they are a minimum distance of five feet from the rear lot line and not within an easement.
            3.   Compost structures and firewood piles.
               a.   In all residential districts, compost structures and firewood piles shall be limited to the rear or side yard and placed no closer than ten feet to any property line. In the case of a corner lot, compost structures and firewood piles shall not be placed within the area between the street right-of-way and the minimum required building side yard setback line;
               b.   Firewood shall be stored in a neat and secure stack; and
               c.   The height of a woodpile shall not exceed six feet, and if greater than three feet, shall be no more than twice the width of the woodpile.
      (3)   Retaining walls.
         (a)   All retaining walls shall be designed and constructed to meet the requirements of Minnesota Rules 1309.0404, section R404. Retaining walls exceeding four feet in height shall require a building permit.
         (b)   Retaining walls shall be located at least five feet from the property line and not located in a drainage and utility easement, except upon written approval of the City Engineer.
   (H)   Exceptions to height requirements.
      (1)   The building height limits established herein for zoning districts shall not apply to the following:
         (a)   Belfries;
         (b)   Chimneys;
         (c)   Conveyors, agricultural;
         (d)   Flag poles;
         (e)   Poles and towers for essential services;
         (f)   Silos, agricultural;
         (g)   Smokestacks;
         (h)   Spires; or
         (i)   Water towers.
      (2)   The following elements of non-residential structures may project ten feet above the main roof line if they occupy 25% or less of the building footprint:
         (a)   Clerestories;
         (b)   Pedestrian entry features which do not contain usable interior space;
         (c)   Roof-mounted equipment; including elevator shaft extensions and roofs, rooftop access stairways and roofs, mechanical equipment for heating, ventilation, and air conditioning systems, and parapet walls used for screening of roof- mounted equipment;
         (d)   Stacks; and
         (e)   Vents.
   (I)   Exterior storage.
      (1)   All materials and equipment, except as provided for in §§ 155.041 through 155.045, shall be stored within a building, except for the following:
         (a)   Lawn furniture or furniture used and constructed primarily for outdoor use;
         (b)   Clothesline poles and wires (except in front yards and the setback portion of the side yard abutting a public street);
         (c)   Not more than two recreational vehicles and equipment as described in § 155.015;
         (d)   Construction and landscaping materials currently being used on the premises. These materials must be removed within 30 days of the completion of construction or issuance of a certificate of occupancy, whichever occurs first;
         (e)   Dumpsters used only in connection with a construction activity that has been properly permitted by the city, in which case it may remain no longer than 180 days in any 12-month period, or the clean-up of property, in which case it may remain for no longer than 30 consecutive days in any 12-month period;
         (f)   One portable storage container may be placed on a property for no longer than 30 consecutive days in any 12-month period. The portable storage container shall be placed on a paved or hard surface within the property;
         (g)   Storage of firewood as specified in division (G);
         (h)   Off-street parking of currently registered and operable passenger vehicles and trucks not exceeding a gross capacity of 12,000 pounds in residential areas;
         (i)   In agricultural districts, agricultural equipment and material, if they are used or intended for use on the premises; and
         (j)   In non-residential districts, commercial vehicles and mechanical equipment, such as a tank or an emergency generator, if they are located in the rear yard and are used or intended for use on the premises.
(Ord. 2402, passed 12-10-24)

§ 155.031 APPLICATION.

   The restrictions, regulations, standards, and guidelines for land use and development in this chapter shall apply to the following zoning districts within the city:
 
RR
Rural Residential District
R-1
Single-Unit Traditional Residential District
R-1a
Single-Unit Flexible Residential District
R-2
Single-Unit Large Lot Residential District
R-3
Mixed Residential District
R-4
Attached Residential District
 
(Ord. 2402, passed 12-0-24)

§ 155.032 DISTRICT INTENTS.

   The following statements specify the intents of the zoning districts established to regulate areas of the city considered appropriate for residential uses:
   (A)   RR Rural Residential District. The purpose of the RR District is to provide for detached single-unit residences on acreage lots where there are abundant natural resources and challenges extending city sewer and water services. Directly related complementary uses, as well as compatible nonresidential development such as places of worship and parks, are also appropriate.
   (B)   R-1 Single-Unit Traditional Residential District. The purpose of the R-1 District is to provide for detached single-unit residences on lots served by city sewer and water. A majority of the lots within this district were created prior to 2010. Directly related complementary uses, as well as compatible nonresidential development such as places of worship, schools, and parks, are also appropriate.
   (C)   R-1a Single-Unit Flexible Residential District. The purpose of the R-1a District is to provide for detached single-unit residences served by city sewer and water on lots with a more efficient development pattern than that of the R-1 District while maintaining a similar overall density as R-1. Directly related complementary uses, as well as compatible nonresidential development such as places of worship, schools, and parks, are also appropriate.
   (D)   R-2 Single-Unit Large Lot Residential District. The purpose of the R-2 District is to provide for detached single-unit residences on lots generally larger than those in the R-1 District. New lots in this district are required to be served by city sewer and water. Directly related complementary uses, as well as compatible nonresidential development such as places of worship, schools, and parks, are also appropriate.
   (E)   R-3 Mixed Residential District. The purpose of the R-3 District is to provide for a mix of attached medium density housing types including twinhomes, two to four unit dwellings, and townhouses. Directly related complementary uses, as well as compatible nonresidential development such as places of worship, schools, and parks, are also appropriate.
   (F)   R-4 Attached Residential District. The purpose of the R-4 District is to provide for a mix of higher density attached housing types including townhouses and apartments. Directly related complementary uses, as well as compatible nonresidential development such as places of worship, schools, and parks, are also appropriate.
(Ord. 2402, passed 12-10-24)

§ 155.033 USES.

   (A)   Tables 3.1 and 3.2 list land uses and indicate whether they are permitted, permitted with standards, conditional, interim, or prohibited. The tables also include references as to whether additional use-specific standards are applicable to each use.
      (1)   Table 3.1 organizes all principal uses by use category and use types:
         (a)   Use categories. The use categories are: residential, public assembly and institutional, commercial, recreation and entertainment, industrial, agricultural, and utilities.
         (b)   Use types. The specific use types identify the specific uses that are considered to fall within the use categories. For example, duplexes and attached townhouses are classified as residential use types.
      (2)   The following definitions shall be referenced when using Tables 3.1 and 3.2:
         (a)   Permitted use. A "P" indicates that a use is allowed by right, subject to compliance with all other applicable provisions of this chapter.
         (b)   Permitted with standards use. A "PS" indicates that a use is allowed when standards identified in §§ 155.061 through 155.067 are met. Uses permitted with standards are also subject to all other applicable provisions of this chapter. Any request to vary from the standards set forth for a permitted with standards use shall be processed as a variance.
         (c)   Conditional use. A "C" indicates that a use is allowed only if a Conditional Use Permit is issued by the city after compliance with the procedure and requirements set forth in § 155.094. Conditional uses are also subject to all other applicable provisions of this chapter.
         (d)   Interim use. An "I" indicates that a use may be allowed for a limited period of time if an interim use permit is issued by the city after compliance with the procedure and requirements set forth in § 155.095. Interim uses are also subject to all other applicable provisions of this chapter.
         (e)   Prohibited use. A blank cell in the use table indicates that the land use is prohibited in that zoning district.
   (B)   In the event a proposed use is not listed in the use table, the Zoning Administrator is authorized to classify the proposed use into an existing use type, as set forth in Table 3.1 below or in Table 4.1 in § 155.041 et seq.,that the Zoning Administrator determines most closely fits the proposed use.
      (1)   If found to be consistent with a listed use, the proposed use shall be treated the same as the listed use.
      (2)   If no similar use determination is made by the Zoning Administrator, the proposed use is prohibited. In such case, an interested party may appeal the decision or apply for an amendment to this chapter in accordance with the procedure and requirements set forth in § 155.097.
Table 3.1 Principal Uses Table – Residential Districts
Uses
RR
R-1, R-1a
R-2
R-3
R-4
Use-Specific Standards
Uses
RR
R-1, R-1a
R-2
R-3
R-4
Use-Specific Standards
RESIDENTIAL
Family Living
Dwelling, single-unit detached
PS
PS
PS
PS
 
See § 155.061
Dwelling, twinhome
 
 
 
PS
 
See § 155.061
Dwelling, duplex
 
 
 
P
 
 
Dwelling, three- to four-unit
 
 
 
P
 
 
Dwelling, attached townhouse or rowhouse
 
 
 
PS
PS
See § 155.061
Dwelling, apartment
 
 
 
 
P
 
Manufactured home park
 
 
 
C
C
See § 155.061
Open space development
C
 
 
 
 
See § 155.061
Group Living
Assisted living facility
 
 
 
C
C
See § 155.061
Long-term or transitional care facility
 
 
 
C
C
See § 155.061
Continuing care senior facility
 
 
 
P
P
 
Residential care facility, six or fewer persons
P
P
P
P
 
 
Residential care facility, seven to 16 persons
 
 
 
P
P
 
PUBLIC ASSEMBLY AND INSTITUTIONAL
Adult education and training facility
 
C
C
 
 
See § 155.062
Cemetery
 
C
C
C
C
See § 155.062
Day care center, 250 or fewer children
PS
PS
PS
PS
PS
See § 155.062
Government administrative or service use
C
C
C
C
C
See § 155.062
Park or playground
P
P
P
P
P
 
Place of worship - 250 or less persons in assembly area
C
C
C
C
C
See § 155.062(E)
Place of worship - greater than 250 persons in assembly area
C
C
C
C
C
See § 155.062(E)
Pre school - licensed for 250 or fewer persons
 
C
C
C
C
 
Pre school - licensed for greater than 250 persons
 
C
C
C
C
See § 155.062
School
 
C
C
C
C
 
COMMERCIAL
Commercial recreation - outdoor
 
P
P
P
P
 
AGRICULTURE
Retail nursery, greenhouse, or tree farm
 
C
C
 
 
 
UTILITIES
Essential services
P
P
P
P
P
 
Towers and wireless facility
 
C
C
C
C
See Chapter 153
 
   Table 3.2 Accessory Uses Table
Uses
RR
R-1, R-1a
R-2
R-3
R-4
Use-Specific Standards
Uses
RR
R-1, R-1a
R-2
R-3
R-4
Use-Specific Standards
Accessory structure
PS
PS
PS
PS
PS
See § 155.067
Communication device
PS
PS
PS
PS
PS
See § 155.067
Daycare, family
P
P
P
 
 
 
Daycare, group family
P
P
P
 
 
 
Home occupation
PS
PS
PS
PS
PS
See § 155.067
Home occupation - special
I
I
I
I
I
See § 155.067
Keeping of animals
PS
PS
PS
PS
PS
See § 155.067
Non-commercial greenhouse
P
P
P
 
 
 
Nursery or greenhouse (retail or wholesale)
C
C
 
 
 
See § 155.067
Recreational facilities (i.e. pools, tennis court) - resident/guest use
P
P
P
P
P
 
Solar energy system
PS
PS
PS
PS
PS
See § 155.067
Storage of recreational vehicles and equipment
P
P
P
 
 
See § 155.067
Swimming pool, residential
PS
PS
PS
PS
PS
 
Utility building
C
C
C
C
C
 
 
(Ord. 2402, passed 12-10-24)

§ 155.034 LOT, SITE, AND BUILDING DIMENSIONS.

   (A)   All uses in Tables 3.1 and 3.2 shall comply with the lot, site, and building requirements set forth in the following tables and all other applicable regulations set forth in this chapter.
   (B)   All lot, site, and building dimension standards listed in this section are subject to the exemptions listed in § 155.024.
   Table 3.3 Residential Lot Dimensional Standards
District
Uses
Minimum Setbacks (feet)
Maximum Height2
Maximum Impervious Coverage
Front
Side
Rear
District
Uses
Minimum Setbacks (feet)
Maximum Height2
Maximum Impervious Coverage
Front
Side
Rear
RR
All uses
301
10
30
2-1/2 stories or 35 feet, whichever is less
25%
R-1a
Dwelling, single- unit detached
25
7.5
30
2-1/2 stories or 35 feet, whichever is less
50%
All other uses
30
30
30
R-13
Dwelling, single- unit detached
301
7.5 garage
10 living space
30
2-1/2 stories or 35 feet, whichever is less
50%
All other uses
30
30
30
R-23
Dwelling, single- unit detached
301
7.5 garage
10 living space
30
2-1/2 stories or 35 feet, whichever is less
50%
All other uses
30
30
30
R-3
Residential uses
30
7.5 garage
10 living space4
30
2-1/2 stories or 35 feet, whichever is less
50%
All other uses
30
304
30
2-1/2 stories or 35 feet, whichever is less
R-4
Dwelling, attached townhouse or rowhouse
30
7.5 garage
10 living space4
30
2-1/2 stories or 35 feet, whichever is less
50%
Dwelling, apartment
30
104
30
3 stories or 40 feet, whichever is less
All other uses
30
304
30
2-1/2 stories or 35 feet, whichever is less
Notes:
1   Cul-de-sac lots shall be allowed a front yard setback of 25 feet for the portion of the lot fronting on the outside curve of the cul-de-sac if:
   (a)   The right-of-way has a minimum radius of 55 feet; and
   (b)   The boulevard (the street right-of-way area between the edge of the curb/pavement and the front property line) is a minimum of 12 feet in width.
2   Maximum height may be increased with approval of CUP.
3   Lots platted prior to February 23, 1999 shall be allowed a rear yard setback of 15 feet if the depth of the parcel at the building pad is less than 110 feet.
4   Minimum side yard setback is 30' when abutting public street or single-family residential district. Side yard setback not applicable where a structure has shared walls as in the case of twinhomes or townhomes.
 
   Table 3.4 Residential Site Dimensional Table
District
Uses
Minimum Setbacks (feet)
Maximum Height2
Maximum Impervious Coverage
Front
Side
Rear
District
Uses
Minimum Setbacks (feet)
Maximum Height2
Maximum Impervious Coverage
Front
Side
Rear
RR
All uses
301
10
30
2-1/2 stories or 35 feet, whichever is less
25%
R-1a
Dwelling, single- unit detached
25
7.5
30
2-1/2 stories or 35 feet, whichever is less
50%
All other uses
30
30
30
R-13
Dwelling, single- unit detached
301
7.5 garage
10 living space
30
2-1/2 stories or 35 feet, whichever is less
50%
All other uses
30
30
30
R-23
Dwelling, single- unit detached
301
7.5 garage
10 living space
30
2-1/2 stories or 35 feet, whichever is less
50%
All other uses
30
30
30
R-3
Residential uses
30
7.5 garage
10 living space4
30
2-1/2 stories or 35 feet, whichever is less
50%
All other uses
30
304
30
2-1/2 stories or 35 feet, whichever is less
R-4
Dwelling, attached townhouse or rowhouse
30
7.5 garage
10 living space4
30
2-1/2 stories or 35 feet, whichever is less
50%
Dwelling, apartment
30
104
30
3 stories or 40 feet, whichever is less
All other uses
30
304
30
2-1/2 stories or 35 feet, whichever is less
Notes:
1   Cul-de-sac lots shall be allowed a front yard setback of 25 feet for the portion of the lot fronting on the outside curve of the cul-de-sac if:
   (a)   The right-of-way has a minimum radius of 55 feet; and
   (b)   The boulevard (the street right-of-way area between the edge of the curb/pavement and the front property line) is a minimum of 12 feet in width.
2   Maximum height may be increased with approval of CUP.
3   Lots platted prior to February 23, 1999 shall be allowed a rear yard setback of 15 feet if the depth of the parcel at the building pad is less than 110 feet.
4   Minimum side yard setback is 30' when abutting public street or single-family residential district. Side yard setback not applicable where a structure has shared walls as in the case of twinhomes or townhomes.
 
   (C)   Residential roadway buffer.
      (1)   A 30-foot-wide landscaped buffer as shown in Figure 3.1 shall be provided along any residential property line which abuts a collector or arterial roadway as identified in the comprehensive plan. The buffer shall not include ponding, drainage swales, or any utilities unless otherwise approved by the city, such as if it is required for emergency overflow.
      (2)   The purpose of this buffer is to ensure that the rear and side yard of any residential lot is screened from the view of any collector or arterial street. It is not the intent of these regulations to provide uniform linear strips of completely opaque screening but to provide an attractive view of residential neighborhoods from major streets and ensure adequate buffering for the residential neighborhood from the street.
      (3)   This buffer shall contain a mixture of plants that will provide a visual screen. For every 100 linear feet, this mixture shall include at a minimum:
         (a)   Six coniferous or overstory trees;
         (b)   Six understory trees; and
         (c)   Sixteen shrubs.
      (4)   When existing woodland is located within the buffer area, preservation of that woodland will be allowed to substitute for the required plant materials only in the location of the woodland, provided that the woodland meets the intent of the buffer in division (2) above.
   Figure 3.1 Landscaped Buffer - Residential
      (5)   This buffer shall be maintained by the development's Homeowners Association (HOA) where one exists. If an HOA does not exist, then the maintenance of the buffer shall be the responsibility of the property owner.
   (D)   Minimum dwelling unit size.
      (1)   RR, R-1, R-2 districts: 1,000 square feet;
      (2)   R-1a District: 850 square feet;
      (3)   R-3 and R-4 districts:
         (a)   Townhomes shall be no smaller than 850 square feet;
         (b)   For apartments, minimum size is as follows:
            1.   Efficiency unit: 525 square feet;
            2.   One bedroom unit: 600 square feet; and
            3.   Two bedroom unit: 720 square feet.
   (E)   In the R-3 and R-4 districts, the minimum usable open space provided per dwelling unit shall be 500 square feet.
   (F)   In the R-1, R-1a, and R-2 districts, the maximum amount of impervious surface coverage allowed within the front yard of any lot shall be as follows:
      (1)   For lots 80 feet wide or greater, no more than 40% impervious surface coverage.
      (2)   For lots less than 80 feet wide, no more than 50% impervious surface coverage.
(Ord. 2402, passed 12-10-24)

§ 155.035 DISTRICT STANDARDS.

   (A)   Connection to public sewer and water is required for:
      (1)   All properties in the R-1a, R-1, R-2, R-3, and R-4 districts.
      (2)   All non-residential uses requiring wastewater disposal in the RR District.
      (3)   Any non-residential or non-agricultural use requiring wastewater disposal in the A-1 District.
(Ord. 2402, passed 12-10-24)

§ 155.041 APPLICATION.

   The restrictions, regulations, standards, and guidelines for land use and development in this chapter shall apply to the following zoning districts within the city:
 
B-1
General Business District
B-2
Central Business District
B-3
Business/Office Park District
I-1
Industrial District
PI
Public/Institutional District
A-1
General Agriculture District
AP
Agricultural Preservation District
 
(Ord. 2402, passed 12-10-24)

§ 155.042 DISTRICT INTENTS.

   The following statements specify the intents of the zoning districts established to regulate areas of the city considered appropriate for residential uses:
   (A)   B-1 General Business District. The purpose of the B-1 District is to provide appropriately located lands for the full range of business, office, and retail uses needed by the region's residents, businesses, and workers; to strengthen the city's economic base and provide employment opportunities close to home for residents; and to offer opportunities for various types of assemblies with careful consideration of access, tra c, and parking.
   (B)   B-2 Downtown Commercial District. The purpose of the B-2 District is to provide for downtown business development, including establishment of commercial and service activities which draw from and serve customers from the entire community, while enhancing the overall character of the community in a manner consistent with the goals and objectives of the Downtown Plan. Also, to provide multi-family dwellings which can easily access the employment and support uses found in the downtown area.
   (C)   B-3 Business/Office Park District. The purpose of the B-3 District is to provide for employment and strengthen the city's economic base with multi-use building and/or the establishment of business offices, wholesale showrooms, manufacturing, and related uses which are compatible with and complement each other as well as the surrounding land uses. It is the intent of this District that development will provide a high level of quality and consistency in architecture, landscaping, lighting, and other site features with limited outdoor storage. It is also the intent to allow development of light industrial uses which generate a high number of jobs per square foot rather than predominantly warehouse type uses, and are clean, quiet, and free of hazardous or objectionable elements such as noise, odor, dust, smoke, glare, or other pollutants; and to allow smaller types of assemblies in a manner that will not negatively impact other uses in the district.
   (D)   I-1 General Industrial District. The purpose of the I-1 District is to strengthen the city's economic base and provide employment opportunities close to home for residents by providing areas suitable for the location of general industrial activities which have adequate and convenient access to major streets, and provide effective controls for "nuisance" characteristics; and to allow smaller types of assemblies in a manner that will not negatively impact other uses in the district.
   (E)   PI Public/Institutional District. The purpose of the PI District is to:
      (1)   Establish areas where both public and private institutional uses may be located to serve the health, safety, educational, and cultural needs of the city.
      (2)   Protect and provide for attractive and well-designed sites for public and institutional buildings in an environment characterized by controlled ingress and egress to streets and providing the screening and landscaping necessary to create a proper relationship with adjacent uses.
   (F)   A-1 General Agricultural District. The purpose of the A-1 District is to preserve the use of the land for long-term agricultural uses; to protect such areas from encroachment by nonagricultural uses, structures, or activities that would require the premature extensions of urban public facilities; and to protect and maintain the open space for the creation of an attractive living environment. Subdivisions are allowed at a density of one dwelling unit per 40 acres. There will be no urban services provided to this district.
   (G)   AP Agricultural Preservation District. The purpose of the AP District is to assist in the preservation of commercial agricultural uses consistent with the goals of M.S. Chapter 40A (Agricultural Land Preservation Program), as it may be amended from time to time, and the city comprehensive plan.
(Ord. 2402, passed 12-10-24)

§ 155.043 USES.

   (A)   Tables 4.1 and 4.2 list land uses and indicates whether they are permitted, permitted with standards, conditional, interim, or prohibited. The table also includes references to whether additional use-speci c standards are applicable to each use.
      (1)   Table 4.1 organizes all principal uses by use category and use types:
         (a)   Use categories. The use categories are: residential, public assembly and institutional, commercial, recreation and entertainment, industrial, agricultural, and utilities.
         (b)   Use types. The specific use types identify the specific uses that are considered to fall within the use categories. For example, restaurants and retail sales and service are classified as commercial use types.
      (2)   The following definitions shall be referenced when using Tables 4.1 and 4.2:
         (a)   Permitted use. A "P" indicates that a use is allowed by right, subject to compliance with all other applicable provisions of this code.
         (b)   Permitted with standards use. A "PS" indicates that a use is allowed when standards identified in §§ 155.061 through 155.067 are met. Uses permitted with standards are also subject to all other applicable requirements of this chapter. Any request to vary from the standards set forth for a permitted with standards use shall be processed as a variance.
         (c)   Conditional use. A "C" indicates that a use is allowed only if a conditional use permit is issued by the city after compliance with the procedure and requirements set forth in § 155.094. Conditional uses are also subject to all other applicable requirements of this chapter.
         (d)   Interim use. An "I" indicates that a use may be allowed for a limited period of time if an interim use permit is issued by the city after compliance with the procedure and requirements set forth in § 155.095. Interim uses are also subject to all other applicable requirements of this chapter.
         (e)   Prohibited use. A blank cell in the use table indicates that the land use is prohibited in that zoning district.
   (B)   In the event a proposed use is not listed in the use table, the Zoning Administrator is authorized to classify the proposed use into an existing use type as set forth in Table 3.1 in § 155.033 or in Table 4.1 below that the Zoning Administrator determines most closely fits the proposed use.
      (1)   If found to be consistent with a listed use, the proposed use shall be treated the same as the listed use.
      (2)   If no similar use determination is made by the Zoning Administrator, the proposed use is prohibited. In such case, the City Council on its own initiative may amend this chapter to allow the proposed use or an interested party may request an amendment to this chapter in accordance with the procedure and requirement set forth in § 155.097.
   4.1 Principal Uses Table - Non-Residential Districts
Uses
Zoning Districts
Use-Specific Standards
B- 1
B- 2
B- 3
I-1
P/ I
A-1
A P
Uses
Zoning Districts
Use-Specific Standards
B- 1
B- 2
B- 3
I-1
P/ I
A-1
A P
RESIDENTIAL
Family Living
Dwelling, single-unit detached
 
I
 
 
 
PS
PS
See § 155.061
Dwelling, apartment mixed use
 
P
 
 
 
 
 
 
Group Living
Assisted living facility
 
 
 
 
C
 
 
See § 155.061
Residential care facility, 6 or fewer persons
 
 
 
 
 
P
P
 
Lodging
Hotel or motel
P
 
 
 
 
 
 
 
PUBLIC ASSEMBLY AND INSTITUTIONAL
Adult education and training facility
 
 
 
 
C
 
 
See § 155.062
Cemetery
 
 
 
 
C
C
 
See § 155.062
Clinic
P
P
P
 
 
 
 
 
Day care center, 250 or fewer children
P
P
P
P
C
PS
PS
See § 155.062
Day care center, greater than 250 children
C
 
 
 
C
 
 
See § 155.062
Funeral home, mortuary
C
 
 
 
C
 
 
 
Government administrative or service use
C
 
P
 
C
C
 
 
Hospital
C
 
 
 
C
 
 
 
Park or playground
 
 
 
 
P
P
 
 
Place of worship - 250 or less persons in assembly area
P
P
P
P
C
C
 
See § 155.062(E)
Place of worship - greater than 250 persons in assembly area
C
 
 
 
C
C
 
See § 155.062(E)
Pre school - licensed for 250 or fewer persons
P
P
P
 
C
 
 
 
Pre school - licensed for greater than 250 persons
C
 
 
 
C
 
 
See § 155.062
School
 
 
 
 
C
 
 
 
COMMERCIAL
Food
Brewpub
P
P
 
 
 
 
 
 
Restaurant
P
P
P
 
 
 
 
 
Microbrewery & taproom
P
P
 
P
 
 
 
 
Retail Sales and Services
Auto repair, major
 
 
 
C
 
 
 
See § 155.063
Auto repair, minor
C
 
 
P
 
 
 
 
Cannabis retail
PS
 
 
 
 
 
 
See § 155.063
Commercial center
P
P
 
 
 
 
 
 
Lower potency hemp edible retail
P
 
 
 
 
 
 
 
Off-site service business
C
 
 
 
 
 
 
See § 155.063
Pawn shop
C
 
 
 
 
 
 
See Ch. 115
Pet store
C
C
 
 
 
 
 
See § 155.063
Retail sales and service, standalone store
P
P
C
 
 
 
 
 
Veterinary clinic
P
P
P
 
 
 
 
 
Vehicle fuel, service, or wash
C
 
 
 
 
 
 
See § 155.063
Vehicle sales and rental
C
 
 
 
 
 
 
See § 155.063
Business and Technical Services
Laboratory, research, and/or development facility
 
 
 
P
 
 
 
 
Professional office/services
P
P
P
P
 
 
 
 
RECREATION AND ENTERTAINMENT
Adult use
 
 
 
C
 
 
 
See § 155.063
Auditorium, concert hall, movie theater (250 or fewer persons)
P
 
 
 
 
 
 
See § 155.062(E)
Auditorium, concert hall, movie theater (greater than 250 persons)
C
 
 
 
 
 
 
See § 155.062(E)
Banquet/conference/meeting/party room, commercial recreation - indoor, sports training (250 or fewer persons)
P
P
P
P
 
 
 
See § 155.062(E)
Commercial recreation - outdoor
P
 
 
 
 
 
 
 
INDUSTRIAL
Cannabis or hemp manufacturing
 
 
 
PS
 
 
 
See § 155.063
Manufacturing
 
 
P
P
 
 
 
 
Mining and extracting
 
 
 
 
 
I
 
See § 155.078
Self-storage facility
 
 
 
PS
 
 
 
See § 155.064
Warehousing - non explosive materials/equipment
 
 
P
P
 
 
 
 
Wholesale trade establishment
 
 
 
P
 
 
 
 
AGRICULTURE
Agriculture
 
 
 
 
 
P
P
 
Animal-related use
 
 
 
 
 
C
C
See § 155.065
Cannabis cultivation, indoor
 
 
 
PS
 
 
 
See § 155.063
Cannabis cultivation, outdoor
 
 
 
 
 
PS
 
See § 155.063
Feedlot - commercial
 
 
 
 
 
I
I
See § 155.065
Retail nursery, greenhouse, or tree farm
 
 
 
 
 
C
C
See § 155.065
UTILITIES
Essential services
P
P
P
P
P
P
P
 
Parking facility
PS
 
 
PS
 
 
 
See § 155.066
Towers and wireless facility
C
C
C
C
C
C
 
See Ch. 153
Wind energy conversion system
 
 
 
 
 
I
I
See § 155.066
 
   Table 4.2 Accessory Uses Table - Non-Residential Districts
Uses
Zoning Districts
Use-Specific Standards
B- 1
B- 2
B- 3
I-1
P/ I
A-1
A P
Uses
Zoning Districts
Use-Specific Standards
B- 1
B- 2
B- 3
I-1
P/ I
A-1
A P
Accessory retail
PS
PS
PS
PS
C
PS
 
See § 155.067
Accessory structure
 
 
 
 
PS
PS
PS
See § 155.067
Adult use, accessory
PS
 
 
PS
 
 
 
See § 155.067
Cannabis or lower potency hemp edible retail
 
 
 
PS
 
 
 
See § 155.063
Communication device
PS
PS
PS
PS
PS
PS
PS
See § 155.067
Construction-related temporary use
 
 
 
I
 
 
 
See § 155.067
Daycare, family
 
 
 
 
 
P
 
 
Daycare, group family
 
 
 
 
 
P
 
 
Drive-through establishment
C
PS
 
 
 
 
 
See § 155.067
Enclosed accessory processing or manufacturing activity
PS
PS
PS
 
 
 
 
See § 155.067
Home occupation
 
 
 
 
 
PS
 
See § 155.067
Home extended business
 
 
 
 
 
I
I
See § 155.067
Home occupation - special
 
 
 
 
 
I
I
See § 155.067
Keeping of animals
 
 
 
 
 
PS
PS
See § 155.067
Manufactured home - relative/employee
 
 
 
 
 
C
C
 
Manufactured home - temporary to provide home care for elderly or disabled
 
 
 
 
 
P
P
Wright Co Disab. Ord.
Non-commercial greenhouse
 
 
 
 
 
P
P
 
Nursery or greenhouse (retail or wholesale)
 
 
 
 
 
C
 
See § 155.067
Off-street parking or loading facility
P
P
P
P
 
 
 
 
Open and outdoor storage
C
 
 
C
 
 
 
See § 155.067
Outdoor dining
PS
PS
 
 
 
 
 
See § 155.067
Outdoor temporary seasonal sales
I
I
 
 
 
 
 
See § 155.067
Open sales lot
C
 
 
C
 
 
 
See § 155.067
Recreational facilities (i.e. pools, tennis court) - resident/guest use
 
 
 
 
C
P
 
 
Seasonal storage
 
 
 
 
 
PS
 
See § 155.067
Solar energy system
PS
PS
PS
PS
PS
PS
PS
See § 155.067
Storage of recreational vehicles and equipment
 
 
 
 
 
P
P
 
Swimming pool, residential
 
 
 
 
 
PS
PS
See § 155.067
Produce stand
 
 
 
 
 
P
P
 
Wholesale showroom
 
 
P
P
 
 
 
 
Unsurfaced parking lot
 
 
 
I
 
 
 
See § 155.067
Utility building
C
 
P
 
C
C
 
 
 
(Ord. 2402, passed 12-0-24)

§ 155.044 LOT, SITE, AND BUILDING DIMENSIONS.

   (A)   All uses in Tables 4.1 and 4.2 shall comply with the lot, site, and building requirements set forth in the following tables and all other applicable regulations set forth in this chapter.
   (B)   All lot, site, and building dimension standards listed in this section are subject to the exemptions listed in § 155.024.
   Table 4.3 Non-Residential Lot Dimensional Table
District
Minimum Lot Area
Minimum Lot Width (ft.)
District
Minimum Lot Area
Minimum Lot Width (ft.)
B-1
40,000 sq. ft.
100
B-2
15,000 sq. ft.
100
B-3
40,000 sq. ft.
100
I-1
1 acre
150
PI
None
100
A-1
1
200
AP
35 acres2
200
1   See § 155.045(E) for minimum lot area requirements for the A-1 District.
2   Maximum depth for any A-1 or AP lot shall be no greater than six times the width or less than 200 feet (from public right-of-way/road easement to the rear lot line) and no less than half the width.
 
   Table 4.4 Non-Residential Site Dimensional Table
District
Minimum Setbacks (ft.)
Maximum Impervious Surface Coverage
Minimum Principal Building
Coverage
Maximum Height
Front
Side
Rear
District
Minimum Setbacks (ft.)
Maximum Impervious Surface Coverage
Minimum Principal Building
Coverage
Maximum Height
Front
Side
Rear
B-1
30 ft
151
201
85%
10%
35 ft4
B-2
None1
None
N/A
35 ft4
B-3
30 ft2
202
202
75%
N/A
35 ft4
I-1
35 ft
151
30
85%
20%
35 ft4
PI
30 ft
151
30
75%
N/A
35 ft4
A-P
N/A
N/A
N/A
N/A
N/A
N/A
A-1
Federal/state/county arterial road: 130 ft from centerline or 65 ft from ROW/road easement line, whichever is greater
Local road: 65 ft from centerline or 35 ft from ROW/road easement line, whichever is greater
Cul-de-sac: 35 ft from ROW/road easement line
155
50
N/A
N/A
2-1/2 stories or 35 ft, whichever is less
Notes
1   Except abutting a street or residential district, then not less than 30 ft.
2   Except not less than 50 ft on a front yard separated from a residential district or a side or rear yard abutting a residential district.
3   May be decreased with CUP.
4   May be increased with CUP.
5   Any pole or post frame building used as a dwelling unit shall be set back a minimum of 30 ft.
 
(Ord. 2402, passed 12-10-24)

§ 155.045 DISTRICT STANDARDS.

   (A)   B-2 Downtown District.
      (1)   Area plan for development.
         (a)   For any proposed residential or commercial development or redevelopment project, an overall plan for the entire block or neighborhood must be submitted demonstrating how the proposed project meets the community's vision for downtown and is compatible with adjacent existing uses and future planned development.
      (2)   Parking.
         (a)   Parking areas shall be located on the side of structures opposite the primary street frontage unless the city determines such parking requirement is not practical under the applicable circumstances.
         (b)   Sites must be designed to create interrelated vehicular and pedestrian access to adjacent uses, properties, and streets.
         (c)   Parking and drive aisle setbacks for front, side, and rear yards shall be five feet.
      (3)   Architectural criteria. In addition to compliance with the requirements set forth in § 155.073, nonresidential structures shall conform to the design principles in the Downtown Plan and the following standards:
         (a)   Structures shall be located with the primary building orientation toward the public street, and with the minimum reasonable structure setback from the right-of-way or front lot line unless the Zoning Administrator determines this requirement is not practical under the applicable circumstances;
         (b)   Buildings shall have a highly visible entry and shall feature no fewer than two of the following: canopies, overhangs, arcades, outdoor patios, integral planters, display windows, or other architectural details approved by the Zoning Administrator;
         (c)   Large, uninterrupted exterior wall surfaces are not permitted. No wall shall have an uninterrupted length exceeding 80 feet, without including at least two of the following: changes in roof plane; changes in color, texture, materials or masonry pattern; windows; or an equivalent element that visually subdivides the wall. In addition to these aforementioned elements, additional landscaping may be required.
         (d)   Standard corporate style architecture shall be prohibited. Building entry points may use corporate colors or corporate images at the discretion of the City Council.
         (e)   Building materials. The design on facades not visible from a public right-of-way or residential land uses may be less ornamental than those visible from public right(s)-of- way or residential land uses, but shall still incorporate materials used on the rest of the building. Walls used for screening loading docks, trash enclosures, utilities, and the like shall use the same building materials and patterns as the wall itself on the principal building(s).
      (4)   Lighting. All exterior site and building lighting shall be decorative and comparable in style and quality to downtown public streetlights.
   (B)   B-3, Business/Office Park District.
      (1)   Buildings in excess of height limitations as specified in § 155.044 above are allowed by conditional use permit if compliant with each of the following requirements:
         (a)   For each additional two feet in allowable, actual, roof height calculated according to the Minnesota State Building Code, which is above the maximum building height allowed by § 155.044 of this chapter, front and side yard setbacks shall be increased by a minimum of one foot. Buildings shall not exceed six stories, or 75 feet in height, whichever is less.
         (b)   Buildings shall be setback from a residentially zoned district the following minimum distances:
            1.   50 feet for buildings three stories or 35 feet or less in height.
            2.   100 feet for buildings 36-45 feet in height.
            3.   200 feet for buildings 46-60 feet in height.
            4.   250 feet for buildings 61-75 feet in height.
         (c)   The construction shall not limit solar access to abutting and/or neighboring properties.
      (2)   In addition to those standards found in §§ 155.071 through 155.078, all developments and/or sites within the B-3 District shall be designed to meet the following standards:
         (a)   Buildings shall have a highly visible entry facing or oriented toward the principal road. Fifty percent of the building wall adjacent to the principal road shall contain windows and ground plantings to break up the long expanse of the wall; and
         (b)   No wall shall have an uninterrupted length exceeding 80 feet without including at least two of the following: changes in plane; changes in color, texture, materials or masonry pattern; windows; or an equivalent element that subdivides the wall.
   (C)   I-1 Industrial District.
      (1)   The following standards shall apply to any parcel of land abutting, or within 100 feet of State Highway 241 or the northwest corner of C.S.A.H. 36/Ogren Avenue NE (St. Michael 194 Business Park):
         (a)   Utilities. All utilities, including electrical, telephone, and gas, shall be constructed underground from the street or utility easement to the building.
         (b)   Building orientation, materials and construction.
            1.   Buildings must have a highly visible entry facing or oriented toward State Highway 241 or Ogren Avenue NE. Fifty percent of the building wall adjacent to State Highway 241 or Ogren Avenue NE must contain windows and ground plantings to break up the long expanse of the wall.
            2.   No wall may have an uninterrupted length exceeding 80 feet without including at least two of the following: changes in plane; changes in color, texture, materials or masonry pattern; windows; or an equivalent element that subdivides the wall.
            3.   Loading docks, and the like, may not be located on the same side and be visible from State Highway 241 or Ogren Avenue NE. For buildings with visibility on two or more sides, the loading dock areas must not be placed adjacent to the highest classification road.
            4.   No building or structure shall be constructed, altered, or maintained having any metal, fiberglass, or wood siding materials on any exterior surface except on an ornamental basis.
            5.   Roof mounted mechanical equipment, vents, and stacks may not be allowed to be seen from State Highway 241, Ogren Avenue NE, public rights-of-way, or adjacent properties. If equipment is visible from the public rights-of way or adjacent properties, the equipment must be screened or designed consistent with the principal structure. Long runs of exposed duct-work, pipes, conduits, or other similar items are prohibited.
         (c)   Wall signs. All wall signs shall use individual letters and numbers. All other signage shall follow the provisions of §§ 155.081 through 155.087.
         (d)   Trash receptacles. Trash receptacles, and the like, may not be located on the same side of State Highway 241 or Ogren Avenue NE, visible from State Highway 241 or Ogren Avenue NE, or building entries accessible to the public. For buildings with visibility on two or more sides, the trash receptacles areas should not be placed adjacent to the highest classification road.
   (D)   A-1 District.
      (1)   Building requirements.
         (a)   Limiting definitions.
            1.   A QUARTER-QUARTER SECTION is a parcel of land consisting of approximately 40 acres and constituting the northeast, northwest, southwest, or southeast quarter of a quarter section of land in the United States Government survey grid system of land survey. For the purposes of this section, a government lot shall be considered a quarter-quarter section provided that it contains at least 30 acres of land above the ordinary high water level (OHWL).
            2.   An ELIGIBLE QUARTER-QUARTER SECTION shall be any quarter-quarter section which meets all of the following:
               a.   It is complete and under common ownership;
               b.   It has frontage on a public road; and
               c.   It does not include any existing dwelling, commercial use or other non- agricultural development.
            3.   An ELIGIBLE LOT OF RECORD shall be a lot of record existing prior to August 1,1978 which has frontage on an existing public right-of-way, existing easement, or other private roadway and does not include any existing dwelling, commercial use, or other non-agricultural use or structure other than accessory uses, such as garages, storage sheds, and the like and which is greater than ten acres in size but does not qualify as an eligible quarter-quarter section.
            4.   An eligible lot of record or quarter-quarter section may be permitted one single-family dwelling on the parcel as a whole, or one division as regulated in § 155.044 above. This right shall be referenced as the parcel's "entitlement."
         (b)   Determining entitlements on large parcels.
            1.   On adjoining, common ownership parcels, including all contiguous land under common ownership, extra entitlements shall be available to the entire parcel according to the following conditions:
               a.   The lands involved comprise more than 60 acres; and
               b.   If the parcel is the result of a division since August 1, 1978, then the number of entitlements shall be determined by basing the calculations in division (D)(1)(b)(2) below of this section to all contiguous lands under common ownership as they existed on August 1, 1978. These entitlements shall be allocated to the new parcels by the Zoning Administrator based on acreage and the standards contained herein, and appeals shall be heard by the City Council provided that no extra entitlements may be created.
            2.   Entitlements for such parcels shall be determined by the Zoning Administrator as follows:
               a.   The total acreage of the parcel shall be calculated using the best information available. The Zoning Administrator or City Council may require the applicant to provide a survey of the property in case of a dispute over total acreage of the parcel.
               b.   Forty acres shall be subtracted from this total for each existing house on the parcel, and for each entitlement division which has occurred since August 1, 1978.
               c.   The result from provisions (D)(1)(b)(2)(a) and (D)(1)(b)(2)(b) above of § 155.045(E) shall be divided by 40 acres, and that result rounded to the nearest whole number, which shall be the number of entitlements the entire parcel is allocated. The use of these entitlements shall be subject to all regulations in this chapter, including public road frontage requirements.
         (c)   Entitlement divisions. If a landowner chooses to use an entitlement on an eligible lot of record or eligible quarter-quarter section as a division, the division and remainder of the eligible parcel shall be subject to the following requirements:
            1.   The owners of the eligible parcel must sign and record a deed restriction to apply to the remainder of the parcel. The restriction shall limit any further residences, divisions or non-agricultural development of the remainder in accord with the terms of this section, unless it is rezoned.
            2.   Landlocked parcels are prohibited. The remainder must have frontage on a public road. No lot or parcel may be created which does not have road frontage according to the requirements of this chapter.
            3.   Lot size. Lots must be at least two acres and no more than five acres in size.
            4.   Park dedication shall be provided according to § 154.031 of the subdivision regulations.
      (2)   Transfer of residential development density rights. Residential development density rights may be transferred to contiguous property within the city under the same ownership for the purpose of preserving productive farmlands provided that:
         (a)   The property is guided agriculture in the comprehensive plan;
         (b)   The property meets all access, size, and soil requirements outlined for single-family residential development in the A-1 zone;
         (c)   The parcels are clustered in a contiguous fashion;
         (d)   Each cluster shall not contain more than four residential parcels;
         (e)   The cluster minimizes disruption to agricultural activities;
         (f)   A deed restriction shall be placed upon the parcels from which the development rights have been transferred to prohibit additional development;
         (g)   The average density of one dwelling unit per quarter-quarter section is maintained. In no case shall density transfers be used to increase the residential density in the A-1 District;
         (h)   The purpose of allowing such transfers is to preserve productive farmlands, and the Planning Commission shall consider the effects of the transfers on the environment, the surrounding neighborhood, and nearby farm operations during its deliberation; and
         (i)   Governmental and public regulated utility buildings and structures necessary for the health, safety, and general welfare of the community, provided that if abutting a residential district, the requirements of § 155.076 are complied with.
   (E)   AP Agricultural Preserve District.
      (1)   Eligibility. Any and all eligibility requirements contained in M.S. Chapter 40A, as it may be amended from time to time, are incorporated herein by reference and shall apply as set forth herein.
         (a)   Only legally created parcels, lots, or lots of record which are designated as Agricultural (AG) in the City of St. Michael Comprehensive Plan shall be eligible. In those cases where a lot or parcel may lie within two different designations in the Land Use Plan, only the portion of land within the Agricultural (AG) designation will be eligible.
         (b)   Only lands which lie entirely within the AP District shall be eligible. A residential density no greater than one residence per 40 acres shall be maintained, however, residences existing prior to the adoption of this section shall not preclude eligibility.
         (c)   Lands enrolled in the Agricultural Land Preservation Program must be legally created parcels, lots, or lots of record which are at least 35 acres in size. Smaller parcels may be enrolled subject to approval by resolution of the City Council, provided that:
            1.   The smaller parcels adjoin other parcels being enrolled in the Agricultural Land Preservation Program to provide a total greater than 35 acres in size;
            2.   The combined parcels do not exceed the residential density permitted of one residence per 40 acres;
            3.   No such parcel may be withdrawn from the Agricultural Land Preservation Program except in conjunction with similar parcels which total at least 35 acres in size; all remaining enrolled parcels must meet the 35-acre size requirement; and
            4.   No such parcel may be used as a new residential building site despite any eligibility granted by Chapter 155 of the city code, unless an overall density of one residence per 40 acres is maintained.
         (d)   Parcels, lots, or lots of record may not be subdivided for the purpose of enrolling only part of the property in the Agricultural Land Preservation Program while retaining other parts for development or other non-agricultural uses. Divisions which strictly comply with the provisions of §§ 155.041 through 155.045 for the A-1 General Agriculture Zoning District may take place before or after enrollment in the Agricultural Land Preservation Program.
      (2)   Procedure/benefits and restrictions/duration and termination.
         (a)   Requirements for application and inclusion in an agricultural preserve, as defined in M.S. Chapter 40A, as it may be amended from time to time, and for obtaining the benefits thereof, shall include all those set forth in M.S. Chapter 40A, and are adopted herein by reference.
         (b)   Applications shall follow Chapters 154 and 155 of the city code.
         (c)   The benefits and restrictions which apply to property enrolled in agricultural preserves shall be as set forth in M.S. Chapter 40A, and are incorporated herein by reference.
         (d)   The duration and termination of an agricultural preserve shall be as set forth in M.S. Chapter 40A, which is incorporated herein by reference.
      (3)   Entitlement divisions in the AP district shall follow the provisions listed in § 155.045(E)(1)(c) above.
(Ord. 2402, passed 12-10-24)

§ 155.051 PLANNED UNIT DEVELOPMENT (PUD) DISTRICT.

   (A)   Purpose. This subchapter is established to provide comprehensive procedures and standards designed for planned unit developments to allow the development of neighborhoods or portions thereof incorporating a variety of residential types and nonresidential uses, recognizing that traditional density, bulk, setbacks, use, and subdivision regulations which may be useful in protecting the character of substantially developed areas may not be appropriate to control development in less developed areas.
   (B)   Specifically, a PUD is intended to encourage:
      (1)   Innovations in residential development to the end that the growing demands for housing at all economic levels may be met by greater variety in tenure, type, design, and siting of dwellings and by the conservation and more efficient use of land in such developments.
      (2)   Higher standards of site and building design through the use of trained and experienced land
planners, architects and landscape architects.
      (3)   More convenience in location of accessory commercial and service areas.
      (4)   The preservation and enhancement of desirable site characteristics such as natural topography and geologic features and the prevention of soil erosion.
      (5)   A creative use of land and related physical development which allows a phased and orderly transition of land from rural to urban uses.
      (6)   An efficient use of land resulting in smaller networks of utilities and streets, thereby lower
housing costs and public investments.
      (7)   A development pattern in harmony with the objectives of the comprehensive plan.
      (8)   A more desirable environment than would be possible through the strict application of zoning and subdivision regulations of the city.
      (9)   To allow variation from some of the provisions of this chapter.
   (C)   General requirements and standards.
      (1)   Ownership. An application for PUD approval shall be filed by the landowner or jointly by all landowners of the property included in a project. The application and all submissions shall be directed to the development of the property as a unified whole. In the case of multiple ownership, the Approved Final PUD Plan and PUD Development Agreement will be binding on all owners.
      (2)   Comprehensive plan consistency. The proposed PUD shall be consistent with the city's comprehensive plan.
      (3)   Zoning. All PUDs must be rezoned to a PUD zoning district indicating the underlying zoning, such as R1-PUD. Some variations from the provisions of the underlying zoning district may be allowed including but not limited to setbacks, height, lot area, width and depth, yards and parking (in accordance with division (C)(5) below). The uses allowed in the underlying zoning district or districts shall apply within the PUD.
      (4)   Density. The maximum allowable density in a PUD shall be in compliance with the applicable provisions of the underlying zoning district as found in §§ 155.031 through 155.035 and the shoreland overlay district as found in § 155.054, except as follows:
         (a)   R-1a District. The maximum residential density may be increased in increments of 0.25 dwelling units per acre for each additional 5% of land provided as park or open space, over and above the minimum open space and park land dedication requirements as found in §§ 155.031 through 155.035. The additional density shall be accomplished by proposing narrower lots, while maintaining lot size, side yard setbacks, garage size, and garage width requirements found elsewhere in this chapter.
         (b)   R-4 District. The maximum residential density may be increased in the R-4 District consistent with comprehensive plan in the Downtown and Town Center PUD areas.
         (c)   Individual buildings or lots within a PUD may exceed the density standards, provided that density for the entire PUD does not exceed the permitted standards. Dwelling units or sites may be clustered into groups.
      (5)   Setbacks.
         (a)   The front, side and rear yard requirements at the periphery of the Planned Unit Development site at minimum shall be the same as imposed in the respective underlying districts.
         (b)   No building shall be located less than 15 feet from the back of the curb line, along those roadways that are part of an internal street pattern.
         (c)   The city may allow more than one principal building to be constructed on each platted lot within a PUD as long as the buildings are separated by at least 15 feet.
      (6)   Roadways. Roadways may vary from the design standards contained in the subdivision ordinance (Chapter 154) for road widths, right-of-way, maximum grades, and cul-de-sac lengths upon recommendation by the City Engineer and approval of the City Council.
      (7)   Utilities. In any PUD, all utilities, including telephone, electricity, gas and tele-cable shall be installed underground.
      (8)   Landscaping. A landscape plan shall be provided and shall include a detailed planting list with sizes and species. In assessing the landscaping plan, the City Council shall consider the natural features of the particular site, the architectural characteristics of the proposed structures and the overall scheme of the PUD plan.
      (9)   Common open space.
         (a)   Common open space sufficient to meet the minimum requirements established in this chapter and such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of the residents of the PUD shall be provided within the area of the PUD as required by the City Council.
         (b)   Stating of public and common open space. When a PUD provides for common or public open space, the total area of common or public open space or land escrow security in any stage of development shall, at minimum, bear the same relationship to the total open space to be provided in the entire PUD as the stages or units completed or under development bear to the entire PUD.
         (c)   Operating and maintenance requirements for PUD common open space/facilities. Whenever common open space or service facilities are provided within the PUD, the PUD plan shall contain provisions to assure the continued operation and maintenance of such open space and service facilities to a predetermined reasonable standard. Common open space and service facilities within a PUD may be placed under the ownership of one or more of the following, as approved by the city:
            1.   Dedicated to public, where a community-wide use is anticipated and the City Council agrees to accept the dedication.
            2.   Landlord control, where only use by tenants is anticipated.
            3.   Property owners association, provided all of the following conditions are met:
               a.   Prior to the use or occupancy or sale or the execution of controls for sale of an individual building unit, parcel, tracts, townhouse, apartment, or common area, a declaration of covenants, conditions and restrictions or an equivalent document or a document such as specified by Laws 1963, Chapter 457, Section 11 and a set of floor plans such as specified by Laws 1963, Chapter 457, Section 13 shall be led with the city. The filing with the city to be made prior to the filings of the declaration or document or floor plans with the recording officers of Wright County, Minnesota.
               b.   The declarations of covenants, conditions and restrictions or equivalent document shall specify that deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, townhouses, or apartments shall subject such properties to the terms of the declaration.
               c.   The declaration of covenants, conditions and restrictions shall provide that an owner's association or corporation shall be formed and that all owners shall be members of the association or corporation which shall maintain all properties and common areas in good repair and which shall assess individual property owners proportionate shares of joint or common costs.
               d.   The declaration shall additionally, among other things, provide that in the event the association or corporation fails to maintain properties in accordance with the applicable rules and regulations of the city or fails to pay taxes or assessments on properties as they become due and in the event the city incurs any expenses in enforcing its rules and regulations, which expenses are not immediately reimbursed by the association or corporation, then the city shall have the right to assess each property its pro rata share of the city's expenses. Such assessments, together with interest thereon and costs of collection, shall be a lien on each property against which each such assessment is made.
               e.   Membership shall be mandatory for each owner and the owner's successor and assigns.
               f.   The open space restrictions shall be permanent and not for a given period of years.
               g.   The association shall be responsible for liability insurance, local taxes, and the maintenance of the open space facilities to be deeded to it.
               h.   Property owners shall pay their pro rata share of the cost of the association by means of an assessment to be levied by the association which meets the requirements for becoming a lien on the property in accordance with state law.
               i.   The association shall be able to adjust the assessment to meet changed needs.
               j.   The bylaws and rules of the association and all covenants and restrictions to be recorded shall be approved by the City Council prior to the approval of the final PUD plan.
   (D)   Benefit. The proposed PUD shall accomplish one or more of the purposes stated in divisions (A) and (B) above and shall not be simply for the enhanced economic gain of the applicant. The determination as to whether applicant has demonstrated that the proposed PUD accomplishes one or more of the purposes stated in provisions (A) and (B) above shall be solely that of the City Council.
(Ord. 2402, passed 12-10-24)

§ 155.052 WETLAND OVERLAY DISTRICT.

   (A)   Purpose. To promote the general health, safety, and welfare of city residents by conserving and protecting wetlands, avoiding the alteration or destruction of wetlands, and requiring sound management practices as provided for in the Wetland Conservation Act, M.S. §§ 103G.221 et seq. (hereinafter referred to as the WCA) and the accompanying rules of the Minnesota Board of Water and Soil Resources (Minnesota Rules Chapter 8420, as amended) when development and construction occurs in the vicinity of wetlands. The city seeks to accomplish the following:
      (1)   Balance the need to preserve and protect natural resources and systems with the rights of private property owners and the need to support the efficient use of developable land within the city;
      (2)   Promote water quality by:
         (a)   Maintaining the ability of wetlands to recharge and receive the discharge of groundwater;
         (b)   Preventing soil erosion;
         (c)   Retaining sediment, nutrients and pollutants in wetland buffer strip areas before it discharges into community wetlands, lakes and streams; and
         (d)   Avoiding contamination and eutrophication of water features;
      (3)   Reduce human disturbances to wetlands by providing a wetland buffer strip along the upland boundary of wetlands; and
      (4)   Provide wildlife habitat and thereby support the maintenance of diversity of both plant and animal species within the city.
   (B)   General provisions.
      (1)   The Minnesota Wetland Conservation Act and Minnesota Rules, Chapter 8420, as amended from time to time, are hereby incorporated by reference. In case of a conflict between this division and the requirements of state law the more restrictive provision shall apply.
      (2)   No property owner or other person shall make any alteration to a wetland or wetland buffer strip unless and until the provisions of this division have been complied with.
      (3)   Wetland delineation. Unless determined otherwise by the Zoning Administrator, prior to city consideration of a subdivision, zoning, or building permit request, a property owner shall submit a wetland delineation report. The wetland delineation must be approved by the Zoning Administrator or designated city wetland consultant prior to approval of the subdivision, zoning, or building permit request.
      (4)   Wetland alteration.
         (a)   Application. Unless determined otherwise by the city, a property owner shall submit an application to the city prior to making any alteration to a wetland with the following information:
            1.   Wetland delineation plan and written report;
            2.   Wetland impact plan;
            3.   Wetland mitigation plan; and
            4.   Any other information deemed necessary under this chapter or the WCA as determined by the city or TEP.
         (b)   Decision. A determination regarding wetland impact applications must be made by the City Council prior to any wetland alteration. Any conditions required by the City Council will become conditions of building permit issuance or subdivision approval.
   (C)   Wetland buffer strips – properties platted prior to December 14, 2004, unplatted, or zoned A-1.
      (1)   A minimum ten-foot buffer strip from the delineated boundary of a wetland is hereby established.
      (2)   No principal or accessory structures, patios, paving, or other impervious surfaces shall be permitted within the wetland buffer strip.
   (D)   Wetland buffer strips – properties platted on or after December 14, 2004.
      (1)   Establishment. A minimum ten-foot buffer strip from the delineated boundary of a wetland is hereby established. Wetland buffer strips shall meet the following standards:
         (a)   No principal or accessory structures, patios, paving, or other impervious surfaces shall be permitted within the wetland buffer strip.
         (b)   Alterations, including but not limited to mowing, introduction of non-native vegetation, cutting, filling, dumping, yard waste disposal or fertilizer application, are prohibited within the wetland buffer strip, unless a vegetation management plan or other approval is granted by the city.
         (c)   The applicant shall establish and maintain wetland buffer strip vegetation in accordance with the requirements found in division (D)(2) below.
         (d)   The applicant shall install and maintain required wetland buffer strip monuments consistent with City Engineering Guidelines at each lot line where it crosses a wetland buffer strip and at 200-foot intervals along the edge of the wetland buffer strip. The city reserves the right to require more or fewer monuments on a case-by-case basis if it deems it necessary to better define the buffer or impractical.
         (e)   The city, at its sole discretion, may allow stormwater treatment systems, or public nature trails comprised of natural materials, to be located within the wetland buffer strip.
         (f)   Leisure activities such as hiking, nature studies, canoeing, boating and horseback riding, including facilities such as nature trails and docks which allow for such activities are permitted in the wetland buffer strip.
         (g)   Final plats for all subdivisions shall provide an easement over all wetlands and wetland buffer strips for the purposes of identification and protection.
      (2)   Wetland buffer strip setback. Setbacks from wetland bu er strips are hereby established as follows:
         (a)   Principal structures – 30 feet (minimum 40 feet from wetland boundary).
         (b)   Accessory structures, decks, patios, pools, paving, or other impervious surface – 15 feet (minimum 25 feet from wetland boundary).
      (3)   Fences and retaining walls.
         (a)   Fences and retaining walls may encroach into the wetland buffer strip setback, but at no time shall they be allowed within the wetland buffer strip or in delineated wetlands.
      (4)   Vegetation standards.
         (a)   Where acceptable natural vegetation exists in wetland buffer strip areas, the retention of such vegetation in an undisturbed state is required unless an applicant receives approval to replace such vegetation. A wetland buffer strip has acceptable natural vegetation if the Zoning Administrator determines it:
            1.   Has a continuous, dense layer of perennial grasses that have been uncultivated or unbroken for at least five consecutive years;
            2.   Has an overstory of trees and/or shrubs with at least 80% canopy closure that have been uncultivated or unbroken for at least five consecutive years; or
            3.   Contains a mixture of the plant communities described in (1) and (2) above that have been uncultivated or unbroken for at least five consecutive years.
         (b)   Notwithstanding the performance standards set forth above in division (a) the Zoning Administrator may determine existing wetland buffer strip vegetation to be unacceptable if it:
            1.   Exhibits a dominance of non-native invasive vegetation;
            2.   Has topography that tends to channelize the flow of surface runoff, resulting in erosion issues; or
            3.   Is unlikely to retain nutrients and sediment.
         (c)   Where wetland buffer strips, or a portion thereof, are not vegetated or have unacceptable vegetation as described above, such areas shall be re-planted and maintained. The wetland buffer strip shall be planted according to a plan approved by the city including the following standards:
            1.   Prior to planting and seeding, wetland buffer areas must be treated to control weed growth with an herbicide that breaks down sufficiently within 14 days prior to seeding;
            2.   Planted with a seed mix containing 100% perennial native vegetation, such as Minnesota Department of Transportation Mix for prairie sedge and prairie meadow areas, Mixture 25A Modified (25B or 26B) or other alternative pre-approved by the Zoning Administrator, except for a one-time planting of an annual nurse or cover crop such as oats or rye;
            3.   Erosion control shall remain in place until the area vegetation is established, and then promptly removed.
            4.   An escrow and security shall be provided to the city prior to commencement of any grading activities, in an amount and manner consistent with the City of St. Michael Policy on Performance Security and Escrow for Improvement Projects.
(Ord. 2402, passed 12-10-24)

§ 155.053 SHORELAND OVERLAY DISTRICT.

   (A)   Purpose.
      (1)   Statutory authorization. This shoreland subchapter is adopted pursuant to the authorization and policies contained in M.S. Chapter 105, Minnesota Regulations, Parts 6120.2500- 6120.3900, and the planning and zoning enabling legislation in M.S. Chapter 462.
      (2)   Policy. The uncontrolled use of the shorelands of the city affects the public health, safety, and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interest of the public health, safety, and welfare to provide for the wise subdivision, use, and development of shorelands of public waters. The State Legislature has delegated responsibility to local governments of the state to regulate the subdivision, use, and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. This responsibility is hereby recognized by the city.
      (3)   Jurisdiction. The provisions of this chapter shall apply to the shorelands of the public water bodies as classified in this chapter. Pursuant to Minnesota Regulations, Parts 6120.2500- 612.3900, no lake, pond, or flowage less than ten acres in size in municipalities need be regulated in a local government's shoreland regulations. A body of water created by a private user where there was no previous shoreland may, at the discretion of the governing body, be exempt from this chapter.
   (B)   Applicability of provisions.
      (1)   The S, Shoreland Overlay District shall be applied to and superimposed (overlayed) upon all zoning districts as contained herein as existing or amended by the text and map of this chapter. The regulations and requirements imposed by the S District shall be in addition to those established for districts which jointly apply. Under the joint application of districts, the more restrictive requirements shall apply.
   (C)   Boundaries.
      (1)   The boundaries of the Shoreland District are established within the following distances from the ordinary high water level of the surface water depending on the size of the surface water indicated on the St. Michael Zoning Map.
 
Surface Water
Distance (feet)
Greater than 10 acres
1,000
Rivers and streams (draining an area greater than two square miles)
300*
* The distance requirement shall be increased to the limit of the floodplain when greater than 300 feet.
 
   (D)   Shoreland classification system.
      (1)   Shoreland classification system. The public waters of the city have been classified below consistent with the criteria found in Minnesota Rules, Part 6120.2500, Subp. 13, and the Protected Waters Inventory Map for Wright County, Minnesota. Other surface waters affected by this chapter, generally having less than ten acres, are classified as wetland systems and thus are regulated under the provisions of § 155.052 of this code.
      (2)   The surface waters affected by this section and which require controlled development of their shoreland (Shoreland District) are identified below and include any and all navigable inlets, channels, bays and waterways, whether naturally created or manmade, sharing the water of a body of water identified below.
         (a)   Certain water bodies. The shoreland area for the water bodies listed in this section shall be as defined in divisions (b) and (c) below and as shown on the Official Zoning Map.
         (b)   Lakes.
Protected Waters
Inventory ID
Lake Type
Protected Waters
Inventory ID
Lake Type
Foster
86-1
Natural Environment Lake
Unnamed
86-16W
Natural Environment Lake
Unnamed
86-18
Natural Environment Lake
Gonz
86-19
Natural Environment Lake
Uhl
86-17
Natural Environment Lake
Wagner
86-10
Natural Environment Lake
Mud
86-21
Natural Environment Lake
Steele
86-22
Natural Environment Lake
Moore
86-28
Natural Environment Lake
Schmidts
86-29
Natural Environment Lake
School
86-15P
Natural Environment Lake
Pelican
86-31
Natural Environment Lake
Wilhelm
86-20
Recreational Development Lake
Beebe
86-23
Recreational Development Lake
Charlotte
86-11
Natural Environment Lake
 
         (c)   Rivers and streams.
 
Protected Waters
Watercourse Type
Crow River
Agricultural River
Unnamed*
Tributary Stream
Unnamed
Ditch
* All protected watercourses in the city shown on the Protected Waters Inventory Map for Wright County, a copy of which is hereby adopted by reference, not given a classification shall be considered “tributary.”
 
      (3)   Land use district descriptions.
         (a)   Land use districts. The city's Official Future Land Use Plan and Zoning Map delineate allowable land uses. The land use districts within the Shoreland Overlay District consist of the base districts identified in this chapter. All land uses allowed as permitted, permitted with standards, conditional, or interim uses within the base district are allowed within the Shoreland Overlay District, provided all standards of the base district and the shoreland district are met.
         (b)   Criteria for designation. The land use districts in this section and the delineation of a land use district's boundaries on the Official Zoning Map must be consistent with the goals, polices, and objectives of the comprehensive plan and the following criteria, considerations, and objectives:
            1.   General criteria. General considerations and criteria for all land uses shall be:
               a.   Preservation of natural areas;
               b.   Present ownership and development of shoreland areas;
               c.   Shoreland soil types and their engineering capabilities;
               d.   Topographic characteristics;
               e.   Vegetative cover;
               f.   In-water physical characteristics, values, and constraints;
               g.   Recreational use of the surface water;
               h.   Road and service center accessibility;
               i.   Socioeconomic development needs and plans as they involve water and related land resources;
               j.   The land requirements of industry which, by its nature, requires location in shoreland areas; and
               k.   The necessity to preserve and restore certain areas having significant historical or ecological value.
            2.   Planned unit developments. Standards found in this section may vary using the PUD process (PUD Zoning Ordinance). Factors and criteria for planned unit developments shall be:
               a.   Existing recreational use of the surface waters and likely increases in use associated with planned unit developments;
               b.   Physical and aesthetic impacts of increased density;
               c.   Suitability of lands for the planned unit development approach;
               d.   The level of current development in the area; and
               e.   The amounts and types of ownership of undeveloped lands.
   (E)   Lot requirements and setbacks.
      (1)   Lot area and width standards. The lot area, lot width, and structure setback standards for residential lots created after the date of enactment of this chapter for the lake and river/stream classifications are as found below.
         (a)   Lakes/rivers.
Waterbody Class
Natural Environme nt
Recreation al Developme nt
General Developmen t
River/
Stream
Ditch
Waterbody Class
Natural Environme nt
Recreation al Developme nt
General Developmen t
River/
Stream
Ditch
Riparian Lots
Width (ft.)
200
150
150
150
See underlying zoning
Area (sq. ft.)
43,560
43,560
43,560
43,560
Septic System Setback from OHWL (ft.)
150
75
50
75
75 ft. from top of ditch bank
Structure Setback from OHWL (ft.)
Unsewered
150
100
75
100
Structure Setback from OHWL (ft.)
Sewered
150
75
50
75
Non-Riparian Lots
Width (ft.)
150
100
100
100
See underlying zoning
Area (sq. ft.)
30,000
30,000
30,000
20,000
Structure Setback from OHWL (ft.)
150
100
75
100
75 ft. from top of ditch bank
 
         (b)   Additional special provisions. Residential subdivisions with dwelling unit densities exceeding those in the tables in this section can only be allowed if designed and approved as residential planned unit developments under this section of this chapter. Only land above the ordinary high water level of public waters can be used to meet lot area standards, and lot width standards must be met at both the ordinary high water level and at the building line.
      (2)   Placement and setbacks. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks.
         (a)   One water-oriented accessory structure designed in accordance with this section may be set back a minimum distance of ten feet from the ordinary high water level.
         (b)   The following additional structure setbacks apply, regardless of classification of the water body:
 
Setback from:
Setback (ft.)
Top of bluff
30
Unplatted cemetery
50
Centerline of federal, state, or county highway
100
Centerline of town road, public street, or other roads not classified (minimum 30-foot setback from ROW or road easement)
65
 
         (c)   Bluff impact zones. Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones.
         (d)   Uses without water-oriented needs. 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 either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions.
         (e)   Where decks or principal structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided:
            1.   The proposed building site is not located in a shore impact zone or in a bluff impact zone.
            2.   Principal structure setback is based on the adjacent principal structure.
            3.   Deck setbacks are based on the adjacent deck, if any, or principal structure, if no deck exists.
   (F)   Building requirements.
      (1)   High water elevations. Structures must be placed in accordance with any floodplain regulations applicable to the site. Where these controls do not exist, the elevation to which the lowest floor, including basement, is placed or floodproofed must be determined as follows:
         (a)   For lakes, by placing the lowest floor at a level at least three feet above the highest known water level, or three feet above the ordinary high water level, whichever is higher;
         (b)   For rivers and streams, by placing the lowest floor at least three feet above the flood of record, if data are available. If data are not available, by placing the lowest floor at least three feet above the ordinary high water level, or by conducting a technical evaluation to determine the effects of proposed construction upon flood stages and flood flows and to establish a flood protection elevation. Technical evaluations must be done by a qualified engineer or hydrologist consistent with Minnesota Rules, Parts 6120.5000 to 6120.6200 governing the management of floodplain areas. If more than one approach is used, the highest floor protection elevation determined must be used for placing structures and other facilities; and
         (c)   Water-oriented accessory structures, they may have the lowest floor placed lower than the elevation determined in this item if the structure is constructed of flood resistant materials to the elevation, electrical and mechanical equipment is placed above the elevation, and, if long duration flooding is anticipated, the structure is built to withstand ice action and wind-driven waves and debris.
      (2)   Water-oriented accessory structures. Each lot may have one water-oriented accessory structure not meeting the normal structure setback in this section of this chapter if this water-oriented accessory structure complies with the following provisions:
         (a)   The structure or facility must not exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. Detached decks must not exceed eight feet above grade at any point;
         (b)   The setback of the structure or facility from the ordinary high water level must be at least ten feet;
         (c)   The structure or facility must 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;
         (d)   The roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area;
         (e)   The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities; and
         (f)   As an alternative for general development and recreational development water bodies, water-oriented accessory structures used solely for watercraft storage, and including storage of related boating and water-oriented sporting equipment, may occupy an area up to 400 square feet, provided the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline.
      (3)   Stairways, lifts, and landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts must meet the following design requirements:
         (a)   Stairways and lifts must not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties, public open-space recreational properties, and planned unit developments;
         (b)   Landings for stairways and lifts on residential lots must not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties, public open-space recreational properties, and planned unit developments;
         (c)   Canopies or roofs are not allowed on stairways, lifts, or landings;
         (d)   Stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion;
         (e)   Stairways, lifts, and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water, assuming summer, leaf-on conditions, whenever practical; and
         (f)   Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of (a) through (e) above are complied with in addition to the requirements of Minnesota Rules, Chapter 1340.
      (4)   Significant historic sites. No structure may be placed on a significant historic site in a manner that affects the value of the site unless adequate information about the site has been removed and documented in a public repository.
      (5)   Steep slopes. The City Engineer must evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation.
      (6)   Height of structures. All structures in residential districts, except churches and nonresidential agricultural structures, must not exceed 25 feet in height.
   (G)   Subdivision/platting provisions.
      (1)   All subdivisions and platting within the Shoreland Overlay District must conform to the provisions and procedures outlined for the Shoreland District, the base district, and the City Subdivision Ordinance.
   (H)   Planned unit development.
      (1)   All requests for planned unit development conditional use permits within the Shoreland Overlay District shall be processed in accordance with the provisions of §§ 155.051 et seq.
   (I)   Administration.
      (1)   Permits required.
         (a)   A permit is required for the construction of buildings or building additions (and including such related activities as construction of decks and signs), the installation and/or alteration of sewage treatment systems, and those grading and filling activities not exempted by this section of this subchapter. Application for a permit shall be made to the Zoning Administrator on the forms provided. The application shall include the necessary information so that the Zoning Administrator can determine the site's suitability for the intended use and that a compliant sewage treatment system will be provided.
         (b)   A permit authorizing an addition to an existing structure shall stipulate that an identified nonconforming sewage treatment system, as defined by this section, shall be reconstructed or replaced in accordance with the provisions of this chapter.
         (c)   A permit is required if more than 50 cubic yards of soil is disturbed according to § 155.093.
      (2)   Certificate of zoning compliance. The Zoning Administrator shall issue a certificate of zoning compliance for each activity requiring a permit as specified in this section of this subchapter. This certificate will specify that the use of land conforms to the requirements of this subchapter. Any use, arrangement, or construction at variance with that authorized by permit shall be deemed a violation of this chapter and shall be punishable as provided in § 155.099.
      (3)   Variances. Variances may only be granted in accordance with § 155.096.
      (4)   Notifications to the Department of Natural Resources.
         (a)   Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under local shoreland management controls must be sent to the Commissioner or the Commissioner's designated representative and postmarked at least ten days before the hearings. Notices of hearings to consider a proposed subdivisions/plat must include copies of the subdivision/plat.
         (b)   A copy of approved amendments and subdivisions/plats, and final decisions granting variances or conditional uses under local shoreland management controls, must be sent to the Commissioner or the Commissioner's designated representative and postmarked within ten days of final action.
   (J)   Conditional uses. Conditional uses allowed within shoreland areas shall be subject to the review and approval procedures, and criteria and conditions for review of conditional uses established in § 155.094. The following additional evaluation criteria and conditions apply within shoreland areas:
      (1)   Evaluation criteria. A thorough evaluation of the water body and the topographic, vegetation, and soil conditions on the site must be made to ensure:
         (a)   There shall be prevention of soil erosion or other possible pollution of public waters, both during and after construction;
         (b)   The visibility of structures and other facilities as viewed from public waters is limited;
         (c)   The site is adequate for water supply and on-site sewage treatment; and
         (d)   The types, uses, and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft.
      (2)   Conditions attached to conditional use permits. The City Council, upon consideration of the criteria listed above and the purposes of this chapter, shall attach such conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of this chapter. Such conditions may include, but are not limited to, the following:
         (a)   Increased setbacks from the ordinary high water level;
         (b)   Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted; and
         (c)   Special provisions for the location, design, and use of structures, sewage treatment systems, watercraft launching and docking areas, and vehicle parking areas.
   (K)   Nonconformities. All legally established nonconformities as of the date of this chapter may continue, but they will be managed according to applicable state statutes and other regulations of this community for the subjects of alterations and additions, repair after damage, discontinuance of use, and intensification of use, except that the following standards will also apply in shoreland areas:
      (1)   Construction on nonconforming lots of record.
         (a)   Lots of record in the office of the County Recorder on the date of enactment of local shoreland controls that do not meet the requirements of this section may be allowed as building sites without variances from lot size requirements, provided the use is permitted in the zoning district, the lot has been in separate ownership from abutting lands at all times since it became substandard, the lot was created compliant with official controls in effect at the time, and sewage treatment and setback requirements of this chapter are met.
         (b)   A variance from setback requirements must be obtained before any use, sewage treatment system, or building permit is issued for a lot. In evaluating the variance, the Board of Adjustment shall consider sewage treatment and water supply capabilities or constraints of the lot and shall deny the variance if adequate facilities cannot be provided.
         (c)   If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the requirements of this section the lot must not be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with one or more contiguous lots so they equal one or more parcels of land, each meeting the requirements of this section as much as possible.
      (2)   Additions/expansions to nonconforming structures.
         (a)   General provisions. All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements of this section of this chapter. Any deviation from these requirements must be authorized by a variance pursuant to this section.
         (b)   Deck additions. Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met:
            1.   The structure existed on the date the structure setbacks were established (November, 1991);
            2.   A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure;
            3.   The deck encroachment toward the ordinary high water level does not exceed 15% of the existing setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive;
            4.   The deck is constructed primarily of wood, and is not roofed or screened;
         (c)   Nonconforming sewage treatment systems.
            1.   A sewage treatment system not meeting the requirements of this section must be upgraded, at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of, the property. For the purposes of this provision, a sewage treatment system shall not be considered nonconforming if the only deficiency is the sewage treatment system's improper setback from the ordinary high water level.
            2.   The City Council has by formal resolution notified the Commissioner of its program to identify nonconforming sewage treatment systems. The City Council will require upgrading or replacement of any nonconforming system identified by this program within a reasonable period of time which will not exceed two years. Sewage systems installed according to all applicable local shoreland management standards adopted under M.S. § 105.485 in effect at the time of installation may be considered as conforming unless they are determined to be failing, except that systems using cesspools, leaching pits, seepage pits, or other deep disposal methods, or systems with less soil treatment area separation above groundwater than required by the Minnesota Pollution Control Agency's Chapter 7080 (Minnesota Rules Chapter 7080) for design of on-site sewage treatment systems, shall be considered nonconforming.
      (3)   Reduction of side yard setback for substandard lots. Side yard setback requirements may be reduced to 20% of the lot width in such cases where the lot width is less than 90 feet. In no case shall the side yard setback be less than ve feet from the property line.
   (L)   Land and vegetation alterations. Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect sh and wildlife habitat.
      (1)   Vegetation alterations.
         (a)   Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas regulated by this section of this chapter are exempt from the vegetation alteration standards that follow.
         (b)   Removal or alteration of vegetation, except for agricultural and forest management uses as regulated in this section, is allowed subject to the following standards:
            1.   Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed. Intensive vegetation clearing for forest land conversion to another use outside of these areas is allowable as a conditional use if an erosion control and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located.
            2.   In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities, provided that:
               a.   The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced;
               b.   Along rivers, existing shading of water surfaces is preserved; and
               c.   The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards.
      (2)   Topographic alterations; grading and filling.
         (a)   Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, the grading and filling standards in this section must be incorporated into the issuance of permits for construction of structures, sewage treatment systems, and driveways.
         (b)   Public roads and parking areas are regulated by this section.
         (c)   Notwithstanding provisions (a) and (b) above, a grading and filling permit will be required for:
            1.   The movement of more than ten cubic yards of material on steep slopes or within shore or bluff impact zones; and
            2.   The movement of more than 50 cubic yards of material outside of steep slopes and shore and bluff impact zones.
         (d)   The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances, and subdivision approvals:
            1.   Grading and filling in any Type 2, 3, 4, 5, 6, 7, or 8 wetland must be evaluated to determine how extensively the proposed activity would affect, according to the Wetland Ordinance, the following functional qualities of the wetland. (This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state, or federal agencies such as a watershed district, the Minnesota Department of Natural Resources, or the United States Army Corps of Engineers. The applicant will be so advised.)
               a.   Sediment and pollutant trapping and retention;
               b.   Storage of surface runoff to prevent or reduce flood damage;
               c.   Fish and wildlife habitat;
               d.   Recreational use;
               e.   Shoreline or bank stabilization; and
               f.   Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or others.
            2.   Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible.
            3.   Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible.
            4.   Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used.
            5.   Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation district and the United States Soil Conservation Service.
            6.   Fill or excavated material must not be placed in a manner that creates an unstable slope.
            7.   Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of 30% or greater.
            8.   Fill or excavated material must not be placed in bluff impact zones.
            9.   Any alterations below the ordinary high water level of public waters must first be authorized by the Commissioner under M.S. § 103G.
            10.   Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties.
            11.   Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one-foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet.
      (3)   Connections to public waters. Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, must be controlled by local shoreland controls. Permission for excavations may be given only after the Commissioner has approved the proposed connection to public waters.
   (M)   Streets, driveways and parking.
      (1)   Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography. Documentation must be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical materials.
      (2)   Roads, driveways, and parking areas must meet structure setbacks and must not be placed within bluff and shore impact zones when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and must be designed to minimize adverse impacts.
      (3)   Public and private watercraft access ramps, approach roads, and access-related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this subchapter are met. For private facilities, the grading and filling provisions of this section must be met.
   (N)   Storm water management. In addition to Chapter 152, Surface Water Management, of this code, the following general and specific standards shall apply:
      (1)   General standards.
         (a)   When possible, existing natural drainageways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and retain storm water runoff before discharge to public waters.
         (b)   Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, and erosion potential and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site.
         (c)   When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle storm water runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and in filtration rather than buried pipes and manmade materials and facilities.
      (2)   Specific standards.
         (a)   Impervious surface coverage of lots must not exceed 25% of the lot area, except as follows: lots less than 11,250 square feet may have impervious surface coverage of not more than the lesser of 2,812 square feet or 35% of the lot area if the Zoning Administrator determines that stormwater management practices mitigate for the increased impervious surface coverage.
         (b)   Impervious surface coverage of commercial and industrial lots must meet requirements of the applicable underlying zoning district.
         (c)   When constructed facilities are used for storm water management, documentation must be provided by a qualified individual that they are designed and installed consistent with the field office technical guide of the local soil and water conservation districts.
         (d)   New constructed storm water outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge.
   (O)   Use standards.
      (1)   Commercial, industrial, public, and semipublic use standards.
         (a)   Surface water-oriented commercial uses and industrial, public, or semipublic uses with similar needs to have access to and use of public waters may be located on parcels or lots with frontage on public waters. Those uses with water-oriented needs must meet the following standards:
            1.   In addition to meeting impervious coverage limits, setbacks, and other zoning standards in this chapter, the uses must be designed to incorporate topographic and vegetative screening of parking areas and structures, where appropriate.
            2.   Uses that require short-term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need.
            3.   Uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the following general standards:
               a.   No advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public waters by a public authority or under a permit issued by the County Sheriff.
               b.   Signs may be placed, when necessary, within the shore impact zone if they are designed and sized to be the minimum necessary to convey needed information. They must only convey the location and name of the establishment and the general types of goods or services available. The signs must not contain other detailed information such as product brands and prices, must not be located higher than ten feet above the ground, and must not exceed 32 square feet in size. If illuminated by artificial lights, the lights must be shielded or directed to prevent illumination out across public waters.
               c.   Other outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights.
         (b)   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 either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions.
      (2)   Agriculture use standards.
         (a)   General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or operated under an approved conservation plan (Resource Management Systems) consistent with the field office technical guides of the local soil and water conservation districts or the United States Soil Conservation Service, as provided by a qualified individual or agency. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level.
         (b)   Animal feedlots must meet the following standards:
            1.   New feedlots must not be located in the shoreland of watercourses or in bluff impact zones and must meet a minimum setback of 300 feet from the ordinary high water level of all public waters basins; and
            2.   Modi cations or expansions to existing feedlots that are located within 300 feet of the ordinary high water level or within a bluff impact zone are allowed if they do not further encroach into the existing ordinary high water level setback or encroachment on bluff impact zones.
      (3)   Forest management standards. The harvesting of timber and associated reforestation must be conducted consistent with the provisions of the Minnesota Nonpoint Source Pollution Assessment Forestry and the provisions of Water Quality in Forest Management "Best Management Practices in Minnesota."
      (4)   Extractive use standards.
         (a)   Site development and restoration plan. An extractive use site development and restoration plan must be developed, approved, and followed over the course of operation of the site. The plan must address dust, noise, possible pollutant discharges, hours and duration of operation, and anticipated vegetation and topographic alterations. It must also identify actions to be taken during operation to mitigate adverse environmental impacts, particularly erosion, and must clearly explain how the site will be rehabilitated after extractive activities end.
         (b)   Setbacks for processing machinery. Processing machinery must be located consistent with setback standards for structures from ordinary high water levels of public waters and from bluffs.
      (5)   Mining of metallic minerals and peat. Mining of metallic minerals and peat, as defined in M.S. §§ 93.44 through 93.51, shall be a permitted use provided the provisions of M.S. §§ 93.44 through 93.51 are satisfied.
   (P)   Water; sewage.
      (1)   Water supply. Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the Minnesota Department of Health and the Minnesota Pollution Control Agency. All properties requesting a subdivision, new construction, living area expansion or properties whose private supply of water needs to be replaced, shall be required to connect to city public water, if available, within six months of the issuance of a building permit.
      (2)   Sewage treatment. Any premises used for human occupancy must be provided with an adequate method of sewage treatment. All shoreland properties requesting a subdivision, new construction, living area expansion or properties whose private treatment system needs to be replaced, shall be required to hook-up to the city's central sewer, if reasonably available. Private sewage treatment shall be as follows:
         (a)   All private sewage treatment systems must meet or exceed the standards outlined by §§ 51.03 et seq.
         (b)   On-site sewage treatment systems must be set back from the ordinary high water level in accordance with the setbacks contained in §§ 51.03 et seq.
         (c)   Nonconforming sewage treatment systems shall be regulated and upgraded in accordance with §§ 51.03 et seq.
(Ord. 2402, passed 12-10-24)

§ 155.054 FLOODPLAIN OVERLAY DISTRICT.

   (A)   Authorization and purpose.
      (1)   Authorization. This section is adopted pursuant to the authorization and policies contained in M.S. Chapter 103F; Minnesota Rules, Parts 6120.5000 – 6120.6200; the rules and regulations of the National Flood Insurance Program (NFIP) in 44 CFR § 59 to 78; and the planning and zoning enabling legislation in M.S. Chapter 462.
      (2)   Purpose.
         (a)   This section regulates development in the flood hazard areas of the City of Saint Michael. These flood hazard areas are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. It is the purpose of this section to promote public health, safety, and general welfare by minimizing these losses and disruptions.
         (b)   This section is adopted in the public interest to promote sound land use practices, and floodplains are a land resource to be developed in a manner which will result in minimum loss of life and threat to health, and reduction of private and public economic loss caused by flooding.
         (c)   This section is adopted to maintain eligibility in the National Flood Insurance Program.
         (d)   This section is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development.
      (3)   Abrogation and greater restrictions. It is not intended by this section to repeal, abrogate, or impair any existing easements, covenants, or other private agreements. The standards in this section take precedence over any less restrictive, conflicting local laws, ordinances, or codes. All other ordinances inconsistent with this subchapter are hereby repealed to the extent of the inconsistency only.
      (4)   Warning and disclaimer of liability. This section does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. Not all flood risk is mapped. Larger floods do occur and the flood height may be increased by man-made or natural causes, such as ice jams or bridge openings restricted by debris. This section does not create liability on the part of the City of Saint Michael or its officers or employees for any flood damages that result from reliance on this section or any administrative decision lawfully made hereunder.
      (5)   Severability. If any section, clause, provision, or portion of this section is adjudged unconstitutional or invalid by a court of law, the remainder of this section shall not be affected and shall remain in full force.
   (B)   Jurisdiction and districts.
      (1)   Lands to which this section applies. This section applies to all lands within the jurisdiction of the City of Saint Michael within the boundaries of the Floodway, Flood Fringe and General Floodplain Districts.
         (a)   The Floodway, Flood Fringe or General Floodplain Districts are overlay districts. The standards imposed in the overlay districts are in addition to any other requirements. In case of a conflict, the more restrictive standards will apply.
         (b)   Where a conflict exists between the floodplain limits illustrated on the official floodplain maps and actual field conditions, the Base Flood Elevation (BFE) shall be the governing factor in locating the outer boundaries of the one-percent annual chance floodplain.
         (c)   Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the Planning and Zoning Commission and to submit technical evidence.
      (2)   Incorporation of maps by reference. The following maps together with all attached material are hereby adopted by reference and declared to be a part of the official zoning map and this section. The attached material includes the Flood Insurance Study for Wright County, Minnesota, and Incorporated Areas, and the Flood Insurance Rate map panels enumerated below, all dated June 20, 2024, all prepared by the Federal Emergency Management Agency. These materials are on file in the office of the City Clerk.
               27171C0335D               27171C0360D
               27171C0345D               27171C0365D
               27171C0355D               27171C0370D
               27171C0358D               27171C0380D
               27171C0359D               27171C0385D
      (3)   Districts.
         (a)   Floodway District. Those areas within Zone AE delineated within floodway areas as shown on the Flood Insurance Rate Maps referenced in § 155.054(B)(2) above.
         (b)   Flood Fringe District. Those areas within Zone AE located outside of the delineated floodway, as shown on the Flood Insurance Rate Maps referenced in § 155.054(B)(2) above. This district shall be extended laterally to the 0.2-percent annual chance floodplain, where mapped.
         (c)   General Floodplain District. Those areas within Zone A areas that do not have a floodway delineated as shown on the Flood Insurance Rate Maps referenced in § 155.054(B)(2) above.
      (4)   Annexations. The Flood Insurance Rate Map panels referenced in § 155.054(B)(2) may include floodplain areas that lie outside of the corporate boundaries of the City of Saint Michael at the time of adoption of this section. If any of these floodplain land areas are annexed into the City of Saint Michael after the date of adoption of this section, the newly annexed floodplain lands will be subject to the provisions of this section immediately upon the date of annexation. Annexations into panels not referenced in § 155.054(B)(2) require ordinance amendment in accordance with § 155.054(M).
   (C)   Requirements for all Floodplain Districts.
      (1)   Permit required. A permit must be obtained from the Zoning Administrator to verify compliance with all applicable standards outlined in this section prior to the following uses or activities:
         (a)   The erection, addition, modi cation, rehabilitation, repair, or alteration of any building, structure, or portion thereof. Normal maintenance requires a permit to determine if such work, either separately or in conjunction with other planned work, constitutes a substantial improvement, as specified in § 155.054(K) and § 155.054(L).
         (b)   The construction of a fence, pool, deck, or placement of anything that may cause a potential obstruction. Farm fences, as defined in § 155.015(D) of this chapter, are not considered to be an obstruction, and as such, do not require a permit.
         (c)   The change or expansion of a nonconforming use.
         (d)   The repair of a structure that has been damaged by flood, fire, tornado, or any other source.
         (e)   The placement of fill, excavation, utilities, on-site sewage treatment systems, or other service facilities.
         (f)   The storage of materials or equipment, in conformance with provision (3)(b) below.
         (g)   Relocation or alteration of a watercourse (including stabilization projects or the construction of new or replacement dams, culverts and bridges). A local permit is not required if a public waters work permit has been obtained from the Department of Natural Resources, unless a significant area above the ordinary high water level is also to be disturbed.
         (h)   Any other type of "development," as defined in § 155.015(D) of this chapter.
      (2)   No permit required. Certain uses or activities may be exempt from obtaining a permit, such as planting a garden, farming, or other obviously insignificant activities such as putting up a mailbox or flagpole. The continuation of existing uses, when the associated activities do not encroach further on the regulatory floodplain or trigger associated standards in this section, do not require a permit.
      (3)   Minimum development standards.
         (a)   All development must:
            1.   Be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
            2.   Be constructed with materials and equipment resistant to flood damage;
            3.   Be constructed by methods and practices that minimize flood damage;
            4.   Be constructed with heating, ventilation, duct work, and air conditioning equipment and other service facilities elevated at least up to the Regulatory Flood Protection Elevation (RFPE). Water, sewage, electrical, and other utility lines below the RFPE shall be constructed so as to prevent water from entering or accumulating within them during conditions of flooding;
            5.   Be reasonably safe from flooding and consistent with the need to minimize flood damage;
            6.   Be assured to provide adequate drainage to reduce exposure to flood hazards;
            7.   Not be detrimental to uses in adjoining areas; and
            8.   Not adversely affect the efficiency or restrict the flood carrying capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system.
            9.   Ensure that any fill or other materials are protected from erosion, discharge, and sediment entering surface waters by the ese of vegetative cover or other methods as soon as possible.
         (b)   Materials that, in time of flooding, are buoyant, flammable, explosive, or could be injurious to human, animal, or plant life shall be stored at or above the Regulatory Flood Protection Elevation (RFPE), floodproofed, or protected by other measures as approved by the Zoning Administrator. Storage of materials likely to cause pollution of the waters, such as sewage; sand; rock; wrecked and discarded equipment; dredged spoil; municipal, agricultural or industrial waste; and other wastes as further defined in M.S. § 115.01, are prohibited unless adequate safeguards approved by the Minnesota Pollution Control Agency are provided. For projects not requiring approvals by the Minnesota Pollution Control Agency, adequate safeguards must be approved by the Zoning Administrator prior to issuance of a permit.
         (c)   Critical facilities shall be located so that the lowest floor is not less than two feet above the Base Flood Elevation (BFE), or the 0.2% annual chance flood elevation, whichever is higher.
   Table 5.1 Summary of Permitting Requirements for Structures
Structure Type
Floodway
Flood Fringe
Standards*
Structure Type
Floodway
Flood Fringe
Standards*
Accessory structures - on fill
Only specific uses and types allowed - with CUP
Allowed with permit
§ 155.369(3)(d)(ii)
Accessory structures - alt. elevation methods
Only specific uses and types allowed - with CUP
Allowed with permit
§ 155.369(3)(d)(iii)
Accessory structures - wet floodproofing
Only specific uses and types allowed - with CUP
Allowed with permit
§ 155.369(3)(d)(i)
Accessory structures - dry (watertight) floodproofing
Only specific uses and types allowed - with CUP
Allowed with permit
§ 155.369(3)(d)(iv)
 
 
 
 
Residential - on fill
Not allowed
Allowed with permit
§ 155.369(B)(1)(a)
Residential - alt. elevation methods
Not allowed
Allowed with CUP
§ 155.369(D)
Residential - dry (watertight) floodproofing and/or basement construction below RFPE
Not allowed
Not allowed
N/A
 
 
 
 
Non-residential -on fill
Not allowed
Allowed with permit
§ 155.369(B)(2)(a)
Non-residential - alt. elevation methods
Not allowed
Allowed with permit
§ 155.369(B)(2)(b)
Non-residential - dry (watertight) floodproofing and/or basement construction below RFPE
Not allowed
Allowed with permit
§ 155.369(B)(2)
 
   (D)   Floodway District.
      (1)   Permitted uses in floodway. Development allowed in the floodway district is limited to that which has low flood damage potential and will not obstruct flood flows, increase velocities, or increase the water surface elevations of the one-percent annual chance flood. The following uses and activities may be allowed with a permit, subject to the standards in division (2) below:
         (a)   Agricultural uses, recreational uses, parking lots, loading areas, airport landing strips, water control structures, navigational facilities, as well as public open space uses.
         (b)   Roads, driveways, railroads, trails, bridges, and culverts.
         (c)   Public utility facilities and water-oriented industries which must be in or adjacent to watercourses.
         (d)   Grading, filling, land alterations, and shoreline stabilization projects.
         (e)   No structures, as defined in § 155.015(D) are allowed in the Floodway District, except structures accessory to the uses detailed in divisions (1) and (3), and requires a CUP under (3)(b) of this division (D).
         (f)   Levees or dikes intended to protect agricultural crops, provided the top of the dike does not exceed the 10% annual chance flood event.
      (2)   Standards for permitted uses in floodway. In addition to the applicable standards detailed in § 155.054(C):
         (a)   The applicant must demonstrate that the development will not result in any of the following during the one-percent annual chance flood: cause a stage increase of 0.00 feet or greater, obstruct flood flows, or increase velocities. This shall be demonstrated through hydrologic and hydraulic analysis performed by a professional engineer or using other standard engineering practices (e.g. projects that restore the site to the previous cross-sectional area). This is commonly documented through a "no-rise certification."
         (b)   Any development that would result in a stage increases greater than 0.00 feet may only be allowed with a permit if the applicant has applied for and received approval for a Conditional Letter of Map Revision (CLOMR) in accordance with 44 CFR § 65.12. Map revisions must follow the procedures in § 155.054(J)(1)(e) and § 155.054(M).
         (c)   Any development resulting in decreases to the water surface elevation of the base flood identified in the Flood Insurance Study requires a Letter of Map Revision (LOMR) following the procedures in § 155.054(J)(1)(e) and § 155.054(M).
         (d)   Any development in the beds of public waters that will change the course, current or cross section is required to obtain a public waters work permit in accordance with M.S. § 103G.245 or a utility crossing license in accordance with M.S. § 84.415, from the Department of Natural Resources, or demonstrate that no permit is required, before applying for a local permit.
         (e)   Fill and other land alteration activities must offer minimal obstruction to the flow of flood waters and be protected from erosion and sediment entering surface waters by the use of vegetative cover, riprap or other methods as soon as possible.
      (3)   Conditional uses in floodway. The following uses and activities may be permitted as conditional uses, subject to the standards detailed in division (4) below and following the procedure in § 155.094 Conditional Use Permit:
         (a)   Commercial extractive uses, and storage and stockpiling yards.
         (b)   Structures accessory to uses detailed in divisions (1)(a) and (3)(a) of this division (D).
      (4)   Standards for conditional uses in floodway. In addition to the applicable standards detailed in § 155.054(C), § 155.054(C)(2) and § 155.054(J)(2):
         (a)   Extractive uses and storage of materials require the completion of a site development and restoration plan, to be approved by the City of Saint Michael.
         (b)   Accessory structures. Structures accessory to the uses detailed in § 155.054(C)(1) and division (3)(a) above must be constructed and placed so as to offer a minimal obstruction to the flow of flood waters, and are subject to the standards in division (E)(2)(c) of this section.
   (E)   Flood Fringe District.
      (1)   Permitted uses in flood fringe. Any uses or activities allowed in any applicable underlying zoning districts may be allowed with a permit, subject to the standards set forth in division (2) below.
      (2)   Standards for permitted uses in flood fringe. In addition to the applicable standards detailed
in § 155.054(C):
         (a)   Residential structures.
            1.   Elevation on fill. Structures erected, constructed, reconstructed, altered, or moved on fill within the Flood Fringe District shall be placed so that the lowest floor, as defined in § 155.015(D) of this chapter, is elevated at least one foot above the Regulatory Flood Protection Elevation (RFPE). The finished fill elevation shall be at or above the elevation associated with the base flood plus any stage increases that result from designation of a floodway. Fill must extend at the same elevation at least 15 feet beyond the outside limits of the structure. Elevations must be certified by a registered professional engineer, land surveyor or other qualified person designated by the Zoning Administrator. Elevation methods alternative to these fill standards are subject to a conditional use permit, as provided in division (3)(a) of this division (E) (Figure 5.1). Construction of this type shall only be permitted in locations where the natural ground is no lower than three feet below the base flood elevation.
   Figure 5.1 Overview of Fill Standards For Residential Structures
 
         (b)    Nonresidential principal structures. Nonresidential principal structures must meet one of the following construction methods:
            1.   Elevation on fill. Structures may be elevated on fill, meeting the standards in division (2)(a)1 above. Fill for nonresidential structures is not required to be extended 15 feet beyond the outside limits of the structure.
            2.   Alternative elevation methods. Structures may be elevated using methods alternative to the fill standards in division (2)(a)1 above. Such methods include the use of blocks, pilings (Figure 5.2), filled stem walls (Figure 5.3), or internally-flooded enclosed areas (Figure 5.4) such as crawl spaces, attached garages, or tuck under garages. Designs accommodating for internally-flooded enclosed areas must be certified by a registered professional engineer or architect, or meet or exceed the standards detailed in FEMA Technical Bulletin 1, as amended, as well as the following standards:
               a.   The lowest floor, as defined in § 155.015(D) of this chapter, shall be elevated at or above the Regulatory Flood Protection Elevation (RFPE).
               b.   The floor of the enclosed area must be at or above the exterior grade on at least one side of the structure.
               c.   To allow for the equalization of hydrostatic pressure, there shall be a minimum of two openings below the base flood elevation on at least two sides of the structure. The bottom of all openings shall be no higher than one foot above grade. The openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding, have a net area of not less than one square inch for every square foot of enclosed area subject to flooding, and shall allow automatic entry and exit of oodwaters without human intervention.
               d.   Internally flooded enclosed areas shall only be used for the parking of vehicles, building access, or storage. Bathrooms and toilet rooms shall not be allowed.
Figure 5.2. Blocks or pilings.         Figure 5.3. Filled stem walls.       Figure 5.4. Internally flooded enclosed
 
            3.    Dry floodproofing. Structures having watertight enclosed basements or spaces below the Regulatory Flood Protection Elevation (RFPE) must meet the following standards:
               a.   Walls must be substantially impermeable to the passage of water, with structural components having the capacity of resisting hydrostatic and hydrodynamic loads and effects of buoyancy, at least up to the Regulatory Flood Protection Elevation (RFPE);
               b.   Must meet the standards of FEMA Technical Bulletin 3, as amended; and
               c.   A registered professional engineer or architect shall be required to certify that the design and methods of construction meet the standards detailed in this division.
         (c)   Accessory structures. All accessory structures must meet the following standards:
            1.   Structures shall not be designed or used for human habitation.
            2.   Structures will have a low flood damage potential.
            3.   Structures with fewer than two rigid walls, such as carports, gazebos, and picnic pavilions, may be located at an elevation below the Regulatory Flood Protection Elevation.
            4.   Structures with two or more rigid walls, must meet one of the following construction methods:
               a.   Wet floodproofing. Structures may be floodproofed in a way to accommodate internal flooding. Such structures shall constitute a minimal investment not to exceed 576 square feet in size, one-story in height, and shall only be used for parking and storage. To allow for the equalization of hydrostatic pressure, there shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one foot above grade. The openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding, and shall allow automatic entry and exit of floodwaters without human intervention.
               b.   Elevation on fill. Structures may be elevated on fill, meeting the standards in division (2)(a)1 of this division (E). Fill is not required to be extended 15 feet beyond the outside limits of the structure.
               c.   Alternative elevation methods. Structures may have their lowest floor elevated above the Regulatory Flood Protection Elevation (RFPE) through methods alternative to the fill standards in divisions (2)(c)4.b and (2)(b)2 of this division (E).
               d.   Dry floodproofing. Structures may be dry-floodproofed, or watertight, meeting the standards in division (2)(b)3 of this division (E).
         (d)   All new principal structures must provide vehicular access no lower than one foot below the Base Flood Elevation (BFE), unless a flood warning/emergency evacuation plan has been approved by the City of Saint Michael.
         (e)   Any facilities used by employees or the general public must be designed with a flood warning system acceptable to the City of Saint Michael that provides adequate time for evacuation, or be designed to ensure that within the area inundated during the base flood event, the depth (in feet) multiplied by the velocity (in feet per second) is less than four.
         (f)   Manufactured homes and recreational vehicles must meet the standards of § 155.054(I) of this section.
      (3)   Conditional uses in flood fringe. The following uses and activities may be permitted as conditional uses, subject to the standards in division (4) below:
         (a)   Alternative elevation methods – residential structures. Residential structures with their lowest floor elevated at least one foot above the Regulatory Flood Protection Elevation (RFPE) using methods alternative to the fill requirements in division (2)(a)1 of this division (E).
      (4)   Standards for conditional uses in flood fringe. In addition to the applicable standards detailed in § 155.054(C), § 155.054(E)(2) and § 155.054(J)(2):
         (a)   All residential structures with lowest floors elevated through alternative elevation methods must meet the standards in division (2)(b)2 of this division (E).
   (F)   General Floodplain District.
      (1)   Permitted uses in General Floodplain District.
         (a)   Until the floodway is delineated, allowable uses will be restricted to those listed in the Floodway District, § 155.054(C).
         (b)   All other uses are subject to a floodway/flood fringe determination as provided in division (4) below, in addition to the standards provided in divisions (2) and (3) below. Permitted uses shall be determined as follows:
            1.   If the development is determined to be in the Floodway District, § 155.054(C) applies.
            2.   If the development is determined to be in the Flood Fringe District, § 155.054(E) applies.
      (2)   Determining flood elevations.
         (a)   All development requires a determination of the Base Flood Elevation (BFE). Exceptions to this requirement include projects that restore the site to the previous cross-sectional area, such as shore stabilization or culvert replacement projects. Base Flood Elevations (BFE) may be found using best available data from any Federal, State, or other source (including MNDNR's Lake & Flood Elevations Online (LFEO) Viewer).
         (b)   The Regulatory Flood Protection Elevation (RFPE) can be determined by assuming a one- half (0.5) foot stage increase to accommodate for future cumulative impacts. A stage increase does not need to be assumed along lakes, wetlands, and other basins that are not a affected by velocities.
      (3)   Encroachment analysis.
         (a)   Encroachments due to development may not allow stage increases more than one-half (0.5) foot at any point, unless through a map revision following the procedures in § 155.054(J)(1)(e) and § 155.054(M). This evaluation must include the cumulative effects of previous encroachments and must be documented with hydrologic and hydraulic analysis performed by a professional engineer, or using other standard engineering practices. A lesser water surface elevation increase than one-half (0.5) foot is required if, due to the water surface level increase, increased flood damage would potentially result.
         (b)   Alterations or changes that result in stage decreases are allowed and encouraged.
      (4)   Standards for the analysis of floodway boundaries.
         (a)   Requirements for detailed studies. Any development, as requested by the Zoning Administrator, shall be subject to a detailed study to determine the Regulatory Flood Protection Elevation (RFPE) and the limits of the Floodway District. This determination must be consistent with the minimum standards for hydrologic and hydraulic mapping standards and techniques, as detailed in Minnesota Rules, part 6120.5600, Subp. 4 and FEMA Guidelines and Standards for Flood Risk Analysis and Mapping, as revised. Additionally:
            1.   A regulatory floodway necessary to carry the discharge of the one-percent annual chance flood must be selected without increasing the water surface elevation more than one-half (0.5) foot at any point. This determination should include the cumulative effects of previous encroachments. A lesser water surface elevation increase than one-half (0.5) foot is required if, due to the water surface level increase, increased flood damages would potentially result; and
            2.   An equal degree of encroachment on both sides of the stream within the reach must be assumed in computing floodway boundaries, unless topography, existing development patterns, and comprehensive land use plans justify a modi ed approach, as approved by the Department of Natural Resources.
         (b)   Other acceptable methods. For areas where a detailed study is not available or required:
            1.   Development prohibited in floodways (e.g. most buildings) requires a floodway/ flood fringe determination to verify the development is within the flood fringe. This determination must be done by a professional engineer or utilize other accepted engineering practices. The Department of Natural Resources may also provide technical assistance and must approve any alternative methods used to determine floodway boundaries.
            2.   For areas where the floodway has not been determined in and along lakes, wetlands, and other basins, the following methodology may be used as an alternative to division 1 above, provided these areas are not affected by velocities and the lot is able to accommodate a building site above the Regulatory Flood Protection Elevation (RFPE):
               a.   All areas that are at or below the ordinary high water level, as defined in M.S. § 103G.005, Subd. 14, will be considered floodway, and all areas below the Base Flood Elevation (BFE) but above the ordinary high water level will be considered flood fringe, provided that within 25 feet of the ordinary high water level, or within the Shore Impact Zone as identified in the community's Shoreland ordinance, whichever distance is greater, land alterations shall be restricted to:
               b.   The minimum required to accommodate beach areas, access areas, and accessory structures as permitted, not to exceed a volume greater than ten cubic yards; projects involving volumes exceeding ten cubic yards require floodway/flood fringe determination in accordance with the procedures in division (4)(b)1 of this division (F); and
               c.   The minimum required to accommodate shoreline stabilization projects to correct an identified erosion problem as verified by a qualified resource agency or the zoning administrator.
   (G)   Subdivision standards.
      (1)   Subdivisions. All subdivided land must meet the following requirements. Manufactured home parks and recreational vehicle parks or campgrounds are considered subdivisions under this division.
         (a)   All lots within floodplain districts must be suitable for a building site outside of the Floodway District.
         (b)   Subdivision of lands within the floodplain districts may not be approved if the cost of providing governmental services would impose an unreasonable economic burden on the City of Saint Michael.
         (c)   All subdivisions must have vehicular access both to the subdivision and to the individual building sites no lower than two feet below the Regulatory Flood Protection Elevation (RFPE), unless a flood warning/emergency evacuation plan has been approved by the City of Saint Michael.
         (d)   The Floodway and Flood Fringe District boundaries, the Regulatory Flood Protection Elevation (RFPE) and the required elevation of all access roads must be clearly identified on all required subdivision drawings and platting documents.
   (H)   Public and private utilities, service facilities, roads, bridges, and railroads.
      (1)   Public transportation facilities. Railroad tracks, roads, and bridges must be elevated to the Regulatory Flood Protection Elevation (RFPE) where such facilities are essential to the orderly functioning of the area, or where failure or interruption would result in danger to public health or safety. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. All public transportation facilities should be designed to minimize increases in flood elevations.
      (2)   Public utilities. All utilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain must be elevated and/or floodproofed to the Regulatory Flood Protection Elevation (RFPE), be located and constructed to minimize or eliminate flood damage and be designed to eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. All public utilities should be designed to minimize increases in flood elevations. New solid waste management facilities, as defined in Minnesota Rules, part 7035.0300, are prohibited in the one-percent annual chance floodplain. Water supply systems are subject to the provisions in Minnesota Rules, part 4725.4350.
      (3)   Private on-site water supply, individual sewage treatment systems, and other service facilities. Private facilities shall be subject to applicable provisions detailed in division (2) above. In addition, new or replacement on-site sewage treatment systems are to be located to avoid impairment to them or contamination from them during times of flooding, shall not be located in a designated floodway, and are subject to the provisions in Minnesota Rules, parts 7080.2270.
   (I)   Manufactured homes and recreational vehicles.
      (1)   Manufactured homes. Manufactured homes and manufactured home parks are subject to applicable standards for each floodplain district. In addition:
         (a)   New and replacement manufactured homes must be placed and elevated in compliance with § 155.054(E) of this section and must be securely anchored to a system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.
         (b)   New manufactured home parks and expansions to existing manufactured home parks must meet the appropriate standards for subdivisions in division (G) of this section.
      (2)   Recreational vehicles. New recreational vehicle parks or campgrounds and expansions to existing recreational vehicle parks or campgrounds are prohibited in any floodplain district. Recreational vehicles placed in existing recreational vehicle parks, campgrounds, or lots of record in the floodplain must either:
         (a)   Meet the requirements for manufactured homes in division (1) above; or
         (b)   Be travel ready, meeting the following criteria:
            1.   The vehicle must be fully licensed.
            3.   No permanent structural type additions may be attached to the vehicle.
            4.   Accessory structures may be permitted in the Flood Fringe District, provided they do not hinder the removal of the vehicle should flooding occur, and meet the standards outlined in § 155.054(C) and § 155.054(E)(2)(c).
   (J)   Administration.
      (1)   Duties. A Zoning Administrator or other official must administer and enforce this chapter.
         (a)   Permit application requirements. Permit applications must be submitted to the Zoning Administrator. The permit application must include the following, as applicable:
            1.   A site plan showing all existing or proposed buildings, structures, service facilities, potential obstructions, and pertinent design features having an influence on the permit.
            2.   Location and detail of grading, fill, or storage of materials.
            3.   Copies of any required local, state or federal permits or approvals.
            4.   Other relevant information requested by the Zoning Administrator as necessary to properly evaluate the permit application.
         (b)   Recordkeeping. The Zoning Administrator must maintain applicable records in perpetuity documenting:
            1.   All certifications for dry floodproofing and alternative elevation methods, where applicable.
            2.   Analysis of no-rise in the Floodway District, as detailed in § 155.054(C)(2)(a), and encroachment analysis ensuring no more than one-half foot of rise in the General Floodplain District, as detailed in divisions (G)(2)(b) and (G)(3)(a) of this section.
            3.   Final elevations, as applicable, detailing the elevation to which structures and improvements to structures are constructed or floodproofed. Elevations shall be determined by an engineer, architect, surveyor or other qualified individual, as approved by the Zoning Administrator.
            4.   Substantial damage and substantial improvement determinations, as detailed in § 55.054(K)(1)(c), including the cost of improvements, repairs, and market value.
            5.   All variance actions, including justification for their issuance, and must report such variances as requested by the Federal Emergency Management Agency.
         (c)   Certificate of zoning compliance for a new, altered, or nonconforming use. No building, land or structure may be occupied or used in any manner until a certificate of zoning compliance has been issued by the Zoning Administrator stating that the finished fill and building floor elevations or other flood protection measures are in compliance with the requirements of this section.
         (d)   Notifications for watercourse alterations. Before authorizing any alteration or relocation of a river or stream, the Zoning Administrator must notify adjacent communities. If the applicant has applied for a permit to work in public waters in accordance with M.S. § 103G.245, this will suffice as adequate notice. A copy of the notification must also be submitted to FEMA.
         (e)   Notification to FEMA when physical changes increase or decrease base flood elevations. Where physical changes affecting flooding conditions may increase or decrease the water surface elevation of the base flood, the City of Saint Michael must notify FEMA of the changes in order to obtain a Letter of Map Revision (LOMR), by submitting a copy of the relevant technical or scientific data as soon as practicable, but no later than six months after the date such supporting information becomes available. Within the General Floodplain District, a map revision is only required if development results in stage increases greater than 0.5 feet.
      (2)   Conditional uses and variances.
         (a)   Process.
            1.   An application for a conditional use permit will be processed and reviewed in accordance with the provisions of this section.
            2.   An application for a variance to the provisions of this subchapter will be processed and reviewed in accordance with M.S. § 462.357, Subd. 6(2) and this section.
         (b)   Additional variance criteria. The following additional variance criteria must be satisfied:
            1.   Variances must not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.
            2.   Variances from the provisions of this subchapter may only be issued by a community upon:
               a.   A showing of good and sufficient cause;
               b.   A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
               c.   A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
            3.   Variances from the provisions in this section may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
            4.   Variances must be consistent with the general purpose of these standards and the intent of applicable provisions in state and federal law.
            5.   Variances may be used to modify permissible methods of flood protection, but no variance shall permit a lesser degree of flood protection than the Regulatory Flood Protection Elevation (RFPE).
            6.   The Zoning Administrator must notify the applicant for a variance in writing that:
               a.   The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and
               b.   Such construction below the base flood level increases risks to life and property. Notification must be maintained with a record of all variance actions.
         (c)   Considerations for approval. The City of Saint Michael must consider all relevant factors specified in other sections of this chapter in granting variances and conditional use permits, including the following:
            1.   The potential danger to life and property due to increased flood heights or velocities caused by encroachments.
            2.   The danger that materials may be swept onto other lands or downstream to the injury of others.
            3.   The safety of access to the property in times of flood for ordinary and emergency vehicles.
         (d)   Conditions of approval. The City of Saint Michael may attach such conditions to the granting of variances and conditional use permits as it deems necessary to fulfill the purposes of this section. Such conditions may include, but are not limited to, the following:
            1.   Limitations on period of use, occupancy, and operation.
            2.   Imposition of operational controls, sureties, and deed restrictions.
            3.   The prevention of soil erosion or other possible pollution of public waters, both during and after construction.
            4.   Other conditions as deemed appropriate by the Planning and Zoning Commission.
      (3)   Notifications to the Department of Natural Resources.
         (a)   All notices of public hearings to consider variances or conditional uses under this section must be sent via electronic mail to the Department of Natural Resources respective area hydrologist at least ten days before the hearings. Notices of hearings to consider subdivisions/plats must include copies of the subdivision/plat.
         (b)   A copy of all decisions granting variances and conditional uses under this section must be sent via electronic mail to the Department of Natural Resources respective area hydrologist within ten days of final action.
   (K)   Nonconformities.
      (1)   Continuance of nonconformities. A use, structure, or occupancy of land which was lawful before the passage or amendment of this section, but which is not in conformity with the provisions of this section, may be continued subject to the following conditions:
         (a)   Within the floodway and general floodplain districts when a site has been determined to be located in the floodway following the procedures in § 155.054(F)(3), or when the floodway has not been delineated, any expansion or enlargement of uses or structures is prohibited.
         (b)   Within all districts, any addition, modi cation, rehabilitation, repair, or alteration shall be in conformance with the provisions of this section, shall not increase the flood damage potential or increase the degree of obstruction to flood flows, and where applicable, must be protected to at least the Regulatory Flood Protection Elevation (RFPE).
         (c)   If any nonconforming structure is determined to be substantially damaged or substantially improved based on the procedures in division (2) below it may not be reconstructed except in conformity with the provisions of this section. Any structures located outside the one-percent annual chance floodplain are exempt from this provision.
         (d)   If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this section.
         (e)   If any nonconforming structure has utilities, electrical, or mechanical equipment damaged due to flooding, it must be rebuilt in conformance with the elevation requirements in § 155.054(C)(3)(a)4 to the greatest extent practicable. This requirement shall apply regardless of the determinations made in division (2) below.
      (2)   Substantial improvement and substantial damage determinations. Prior to issuing any permits for additions, modifications, rehabilitations, repairs, alterations, or maintenance to nonconforming structures, the Zoning Administrator is required to determine if such work constitutes substantial improvement or repair of a substantially damaged structure. A determination must be made in accordance with the following procedures:
         (a)   Estimate the market value of the structure. In the case of repairs, the market value of the structure shall be the market value before the damage occurred and before any restoration or repairs are made.
         (b)   Estimate the cost of the project. The property owner shall accommodate for inspection, and furnish other documentation needed by the zoning administrator to evaluate costs.
            1.   Improvement costs shall be comprised of the market rate of all materials and labor, as well as the costs of all ordinary maintenance and upkeep carried out over the past one year.
            2.   Costs to repair damages shall be comprised of the market rate of all materials and labor required to restore a building to its pre-damaged condition regardless of the work proposed, as well as associated improvement costs if structure is being restored beyond its pre-damaged condition.
      (3)   Compare the cost of the improvement, repairs, or combination thereof to the estimated market value of the structure and determine whether the proposed work constitutes substantial improvement or repair of a substantially damaged structure, as defined in § 155.015(D) of this chapter.
         (a)   For the purposes of determining whether the proposed work would constitute substantial improvement, the evaluation shall also include all rehabilitations, additions, or other improvements completed since the community has adopted oodplain standards impacting this structure.
         (b)   If any nonconforming structure experiences a repetitive loss, as defined in § 155.015(D) of this chapter, it shall be considered substantially damaged and must not be reconstructed except in conformity with the provisions of this section.
      (4)   Based on this determination, the Zoning Administrator shall prepare a determination letter and notify the property owner accordingly. Structures determined to be substantially damaged or substantially improved may not be reconstructed except in conformity with the provisions of this section.
   (L)   Violations and penalties.
      (1)   Uses in violation of the section. Every structure, fill, deposit, or other use placed or maintained in the floodplain in violation of this section shall be considered a public nuisance.
      (2)   Civil remedies. The creation of a public nuisance may be enjoined and the maintenance of a public nuisance under this section may be abated by an action brought by the City of Saint Michael or the Minnesota Department of Natural Resources.
      (3)   Enforcement. Violations of the provisions of this subchapter constitutes a misdemeanor and is punishable as defined by law. The Zoning Administrator may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance. The City of Saint Michael must act in good faith to enforce these official controls and to correct section violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program.
   (M)   Amendments.
      (1)   Amendments. Any revisions to the floodplain maps by the Federal Emergency Management Agency or annexations of new map panels require an ordinance amendment to update the map references in § 155.054(B)(2) of this section.
      (2)   Required approval. All amendments to this section must be submitted to the Department of Natural Resources for review and approval prior to adoption, for compliance with state and federal rules and requirements. The floodplain ordinance shall not be considered valid until approved.
(Ord. 2402, passed 12-10-24)

§ 155.061 PRINCIPAL RESIDENTIAL USE-SPECIFIC STANDARDS.

   (A)   Assisted living facility; long-term or transitional care facility.
      (1)   The site shall be served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated.
      (2)   Side yards shall be double the minimum requirements established for the applicable zoning district and shall be screened in compliance with § 155.076.
   (B)   Dwelling, attached townhouse or rowhouse.
      (1)   No single structure shall contain more than eight dwelling units.
      (2)   Individual units shall be at least 20 feet wide.
      (3)   No garage shall extend the full width of any individual unit. The front façade of a townhouse or rowhouse unit shall include a window and/or door.
      (4)   Documents shall be recorded on all properties abutting a common lot line which:
         (a)   Provide access to the abutting property for the adjacent property owner and/or his or her representative for the purpose of construction, reconstruction, repair, and maintenance of either side of the property; and
         (b)   Provide for necessary encroachments for footings, eaves, and special structures.
   (C)   Dwelling, single-unit detached.
      (1)   Single-unit detached dwellings shall have a minimum width of 24 feet.
      (2)   All single-unit detached dwellings shall be erected upon a full foundation except for post frame construction in the A-1, General Agriculture Zoning District. This foundation shall be located underneath the entire structure including any attached garage and shall comply with the State Building Code.
         (a)   A foundation is not required under the following elements which may be placed on pier footings:
            1.   Open decks;
            2.   Covered porches, provided that floor height is three feet or less above ground level;
            3.   Covered porches with a floor height exceeding three feet above ground level, provided that such porch does not exceed 300 square feet in area or if larger than 300 square feet, engineering documentation is required; and
         (b)   Additionally, the perimeter foundation need not be continuous in the area of an elevated breezeway or similar architectural feature that connects the home to a garage or similar structure.
      (3)   Garage requirements. Within the residential zoning districts, the following requirements for garages shall apply:
         (a)   The maximum garage width facing a public right-of-way shall not exceed 45 feet.
         (b)   The first floor living area of the principal structure facing the front yard shall be at least 50% of the width of the attached garage. Portions of an attached garage may be excluded from this garage frontage calculation if designed to appear as living area and not directly accessible to the outside, as reviewed and approved by the Zoning Administrator.
         (c)   For lots less than 65 feet wide within the R-1A District, the minimum width of the first floor living area of the principal structure as stated in division (b) above may be decreased if all of the following standards are met:
            1.   No two homes located directly next to one another, directly across the street, or within the same cul-de-sac shall be of the same design, design detail, or have the same color scheme on the exterior.
            2.   The first floor roofline shall be interrupted by architectural features such as a dormer or second floor living space.
            3.   The garage door height shall not exceed a height of eight feet.
            4.   A maximum of 20 square feet of living space above the garage may extend further forward than the garage.
            5.   The garage shall be alley-loaded or shall utilize three of the following architectural features:
               a.   Entryways and/or indoor or exterior living space shall not be recessed more than four feet behind the front of the garage;
               b.   The dwelling shall be constructed with multiple roof planes;
               c.   Front-facing gables shall be a minimum roof pitch of 7/12. All other roof types excluding dormers and porch roofs shall be a pitch of at least 6/12;
               d.   The entryway shall be marked by an architecture feature such as columns, arches, or accent windows; or
               e.   At least two types of building materials shall be used on the front façade. These building materials may include stone, stucco, brick, lap siding, shakes, and board and batten.
   (D)   Dwelling, twinhome.
      (1)   Individual units shall be at least 20 feet wide.
      (2)   No garage shall extend the full width of any individual unit. The front façade of a townhouse or rowhouse unit shall include a window and/or door.
      (3)   Documents shall be recorded on all properties abutting a common lot line which:
         (a)   Provide access to the abutting property for the adjacent property owner and/or his or her representative for the purpose of construction, reconstruction, repair, and maintenance of either side of the property; and
         (b)   Provide for necessary encroachments for footings, eaves, and special structures.
   (E)   Manufactured home park.
      (1)   Manufactured homes shall comply with the applicable State of Minnesota laws and regulations on manufactured housing and manufactured home parks, including but not limited to, M.S. Chapter 327 and any applicable rules and regulations of the Minnesota Department of Health.
      (2)   Permitted uses.
         (a)   Uses permitted within the park shall include only manufactured homes, storm shelters, recreational facilities, and accessory uses to the manufactured homes, including common laundering facilities and activities necessary for the operation and maintenance of the park.
         (b)   Accessory uses not listed in division (1) may be allowed by conditional use permit.
         (c)   There shall be no outdoor camping anywhere in the manufactured home park.
      (3)   No manufactured home shall be located closer than 50 feet to the right-of-way line of an arterial or collector street or 25 feet from the right-of-way line of all other public highways, roads, or streets. A manufactured home shall be located no closer to the park boundary than 20 feet. A landscaped buffer shall be provided along any collector or arterial roadway as specified in § 155.034(C).
      (4)   Only one manufactured home shall be located on an individual lot or space. An open area shall be provided on each manufactured home lot to ensure privacy, adequate natural light and ventilation to the home and to provide sufficient area for outdoor uses essential to the manufactured home. The maximum lot coverage for the manufactured home, accessory structures, and driveway shall be 50%.
      (5)   Except for public, community, and utility structures, the maximum height of principal and accessory structures shall not exceed one and one-half stories or 20 feet, whichever is less.
      (6)   All streets, utilities, stormwater, and sidewalks shall be designed to meet the specifications of the City Engineering Guidelines.
      (7)   A suitable storm shelter facility shall be constructed completely below ground level and outside all flood prone areas and shall provide a minimum of ten square feet of shelter floor area for each lot in the park.
      (8)   The park shall provide at least 400 square feet of open space per manufactured home that is available for the exclusive use of park residents. The open space areas shall be of appropriate design and provided with appropriate recreational equipment.
      (9)   All manufactured homes shall be kept in good repair, shall remain in a sanitary and structurally sound condition, and shall conform to the requirements of Minnesota Statutes and U.S. HUD.
      (10)   No manufactured home shall be erected on a lot except upon a manufactured home pad that shall meet all applicable Uniform Building Code (city building code) standards. Each pad shall have a minimum dimension equal to the dimensions of the manufactured home to be placed on the lot.
      (11)   All manufactured homes shall be equipped with an anchoring system approved by the Minnesota Department of Administration (Building Code division). The frame, wheels, crawl space, storage areas, and utility connections of all manufactured homes shall be concealed from view by skirting made of durable all-weather construction material that is consistent with the exterior of the manufactured home. Installation of the skirting must be completed within 60 days of the placement of the manufactured home on the pad. No obstruction shall be permitted that impedes the inspection of plumbing and electrical facilities.
      (12)   Dwelling units of conventional construction shall not be permitted on a manufactured home site, except for a manager's office and residence.
      (13)   Off-street parking spaces shall be provided to minimize the disruption of traffic movement. Driveway area shall not be located on the lot such that the remaining open space area of each lot is substantially reduced in size. Each lot shall be required to have two off-street parking spaces. These spaces may be provided on the individual lot or in parking bays within 100 feet of the lot they are intended to serve. Parking bays shall not be permitted to be located on any public street within the park. On-lot spaces may be provided in tandem.
   (F)   Open space development.
      (1)   The development shall be at least 30 acres in size.
      (2)   At least 25% of the development shall be preserved/established as open space or park ("Open Space") as follows:
         (a)   An emphasis is placed on preserving lakeshore, creeks, wooded areas, linking open space/trail corridors, and prominent views/entry points;
         (b)   Wetlands and right-of-way areas shall not count towards the required open space;
         (c)   All open space is to be owned by a Homeowner's Association (HOA). In special circumstances, the city may, at its discretion, choose to own the open space within an open space development;
         (d)   There shall be no park dedication credit for any of the open space owned by the HOA. Park dedication credit shall be given to any land dedicated to the city over and above the minimum requirement; and
         (e)   Permanent conservation or use easements must be recorded against open space to be owned by the HOA in a form approved by city, to ensure proper maintenance and protection, including providing the city the right to maintain and assess said costs to all lots in the subdivisions.
      (3)   All lots within the development shall be part of a private community septic system (PCSS) with the following requirements:
         (a)   Developer shall enter into an agreement with city allowing, among other things, the city to conduct regular inspections of the PCCS, and to repair or replace the PCCS as determined necessary by the city and assess the costs to each contributing lot in the subdivision;
         (b)   Designed to accommodate future central sanitary sewer in terms of layout, location of PCCS, establishment of easements, and other factors as determined by the city; and
         (c)   Agree to hook up to city sanitary sewer when available and pay standard assessments and fees.
(Ord. 2402, passed 12-10-24)

§ 155.062 PRINCIPAL INSTITUTIONAL USE-SPECIFIC STANDARDS.

   (A)   Adult education and training facility.
      (1)   The land area containing such use must abut a commercial or industrial use or district.
      (2)   Driveway access shall be directly from a road designated as a collector or arterial road in the city's comprehensive plan.
      (3)   The land area containing such use must be at least five acres and no more than ten acres.
      (4)   Building, driveway and parking setback dimensions shall be double those of the underlying zoning district where abutting a residentially planned area.
      (5)   When abutting a residential use or residential district, the site shall be screened and landscaped in compliance with § 155.076 of this chapter.
      (6)   A minimum of 50% of the site shall be landscaped in compliance with § 155.076.
      (7)   Buildings shall be designed to reflect a residential character.
      (8)   There shall be no accessory structures permitted.
      (9)   No overhead doors shall face any public right-of-way.
      (10)   There shall be a maximum of one overhead/garage door for each 10,000 square feet of land area of the parcel containing such use.
      (11)   Buildings and uses with the potential for noise, air, odor, smoke or vibration impacts, as determined by the city, must be set back a minimum of 250 feet from any residential use or district.
      (12)   Retail or commercial operations shall be conducted in association with the facility.
      (13)   Outdoor storage is prohibited.
      (14)   For uses with capacity for greater than 250 persons in the assembly area(s) utilized at the same time - with capacity based on the Building Code adopted by the city - a traffic impact study shall be conducted by the city's traffic consultant at the expense of the applicant. The traffic impact study shall assess the potential short-term and long-term traffic impacts associated with the proposed use on the site itself and on adjacent roadways. The traffic impact study shall identify appropriate mitigation and/or recommendations to offset projected impacts, which the user shall be responsible for implementing at its sole cost.
      (15)   The user operates the assembly consistent with an operations plan approved by the city that shall prescribe typical start and end times for the primary activity or activities constituting the use, in addition to accessory and auxiliary uses. The operations plan shall be based on the traffic impact study, nearby land uses and other related factors, and incorporated into a conditional use permit agreement.
      (16)   Any modification of an existing use which intensifies the use and/or surpasses the 250-person occupancy threshold shall require an amended conditional use permit and shall be subject to provisions (A)(14) and (15) above.
   (B)   Assembly uses.
      (1)   The minimum size site is three acres.
      (2)   The use shall be located along an improved (i.e. blacktop or concrete) collector or arterial roadway as identified in the city's comprehensive plan, but in no case shall it have direct access to an arterial roadway.
      (3)   When adjacent to or across the street from a property zoned residential or designated residential in the comprehensive plan, the following apply:
         (a)   Side, rear and parking setbacks shall be double the standard requirement, but no less than 30 feet.
         (b)   Screening shall be provided in compliance with § 155.076.
         (c)   A minimum of 25% green space shall be provided.
      (4)   All service areas and loading docks shall be located behind the front facade line of the principal structure and regulated where applicable by § 155.074.
      (5)   For assembly uses with capacity for greater than 250 persons in the assembly area(s) utilized at the same time - with capacity calculated according to the Building Code adopted by the city - a traffic impact study shall be conducted by the city's traffic consultant at the expense of the applicant.
         (a)   The traffic impact study shall assess the potential short-term and long-term traffic impacts associated with the proposed use on the site itself and on adjacent roadways.
         (b)   The traffic impact study shall identify appropriate mitigation and/or recommendations to offset projected impacts which the user shall be responsible for implementing at its sole cost.
      (6)   The user shall operate the use consistent with an operations plan approved by the city that shall prescribe typical start and end times for the primary activity or activities constituting the use (e.g. worship service times), in addition to accessory and auxiliary uses. The operations plan shall be based on the traffic impact study (if any), nearby land uses and other related factors, and incorporated into a conditional use permit agreement.
      (7)   Any modification of an existing use which intensifies the use and/or surpasses the 250-person occupancy threshold shall require an amended conditional use permit and shall be subject to provisions (B)(5) and (6) above.
   (C)   Cemetery.
      (1)   The use shall abut an arterial or collector street as designated in the city's comprehensive plan and access shall be achieved without conducting significant traffic on local residential streets.
      (2)   Any crematory shall be set back at least 600 feet from any lot line.
      (3)   Direct views from all abutting residential property shall be buffered in accordance with § 155.076.
      (4)   All accessory buildings used for maintenance purposes shall match in color and material.
   (D)   Day care center.
      (1)   In zoning districts where single-unit dwellings are permitted, a licensed day care facility serving 12 or fewer people is allowed.
      (2)   In zoning districts where multi-unit dwellings (two or more units in one structure) are permitted, a licensed day care facility serving 13-16 people is allowed.
      (3)   Day care centers with a licensed capacity to serve more than 250 persons at one time:
         (a)   The use shall be located along an improved (i.e. blacktop or concrete) collector or arterial roadway as identified in the city's transportation plan, but in no case shall it have direct access to an arterial roadway.
         (b)   When adjacent to, or across the street from, a property zoned residential or designated residential in the comprehensive plan, the following apply:
            1.   Side, rear and parking setbacks shall be double the standard requirement, but no less than 30 feet.
            2.   Screening is provided in compliance with § 155.076.
            3.   A minimum of 25% green space shall be provided.
         (c)   A traffic impact study shall be conducted by the city's traffic consultant at the expense of the applicant. The traffic impact study shall assess the potential short-term and long-term traffic impacts associated with the proposed use on the site itself and on adjacent roadways. The traffic impact study shall identify appropriate mitigation and/or recommendations to offset projected impacts, which the user shall be responsible for implementing at its sole cost.
         (d)   The user operates the day care center consistent with an operations plan approved by the city that shall prescribe typical start and end times for the primary activity or activities constituting the use (e.g. motion picture showings, worship service times, or other assembly function), in addition to accessory uses. The operations plan shall be based on the traffic impact study, nearby land uses and other related factors, and incorporated into a conditional use permit agreement.
   (E)   Government administrative or service use.
      (1)   Utility buildings and structures shall be screened from view of the public right-of- way and adjacent properties.
   (F)   Pre-schools with a licensed capacity to serve more than 250 persons at one time.
      (1)   The use shall be located along an improved (i.e. blacktop or concrete) collector or arterial roadway as identified in the city's transportation plan, but in no case shall it have direct access to an arterial roadway.
      (2)   When adjacent to, or across the street from, a property zoned residential or designated residential in the comprehensive plan, the following apply:
         (a)   Side, rear and parking setbacks shall be double the standard requirement, but no less than 30 feet.
         (b)   Screening is provided in compliance with § 155.076.
         (c)   A minimum of 25% green space shall be provided.
      (3)   A traffic impact study shall be conducted by the city's traffic consultant at the expense of the applicant. The traffic impact study shall assess the potential short-term and long-term traffic impacts associated with the proposed use on the site itself and on adjacent roadways. The traffic impact study shall identify appropriate mitigation and/or recommendations to offset projected impacts, which the user shall be responsible for implementing at its sole cost.
      (4)   The user operates the pre-school consistent with an operations plan approved by the city that shall prescribe typical start and end times for the primary activity or activities constituting the use (e.g. motion picture showings, worship service times, or other assembly function), in addition to accessory uses. The operations plan shall be based on the traffic impact study, nearby land uses and other related factors, and incorporated into a conditional use permit agreement.
(Ord. 2402, passed 12-10-24)

§ 155.063 PRINCIPAL COMMERCIAL USE-SPECIFIC STANDARDS.

   (A)   Adult uses.
      (1)   Activities classified as obscene as defined by M.S. § 617.241 are prohibited.
      (2)   Adult uses shall be prohibited from locating in any building which is also utilized for residential purposes.
      (3)   Adult uses shall be prohibited from locating in any place which is also used to dispense or consume alcoholic beverages.
      (4)   The lot upon which a principal adult use is located shall be a minimum of 300 feet, measured in a straight line, from the property line of any of the following:
         (a)   Residentially zoned property or residential uses;
         (b)   A licensed day-care center;
         (c)   A public or private educational facility classified as an elementary, junior high, or senior high school;
         (d)   A public library;
         (e)   A public park;
         (f)   Another principal adult use;
         (g)   An on-sale liquor, wine, or beer establishment; or
         (h)   A place of worship.
      (5)   Principal adult use activities shall be classified as one use. No two principal adult uses shall
be located in the same building or upon the same property.
      (6)   A principal adult use shall adhere to the following signing regulations:
         (a)   Sign messages shall be generic in nature and shall only identify the type of business which is being conducted;
         (b)   Signs shall not contain material classified as advertising; and
         (c)   Signs shall comply with the requirements of size and number for the district in which they are located.
      (7)   Principal adult use activities shall be prohibited at any public show, movie, caravan, circus, carnival, theatrical, or other performance or exhibition presented to the general public where minors are permitted.
   (B)   Auto repair, major.
      (1)   In the case of the premises adjoining a residential zoning district, required side and rear yard setbacks shall be not less than 50 feet for a structure and 20 feet for any parking or storage area.
      (2)   All waste materials, debris, refuse, junk or damaged vehicles and parts shall be either kept entirely within an enclosed building, or completely screened from public streets and adjacent properties in accordance with §§ 155.071 through 155.078.
      (3)   No unlicensed or inoperable vehicles may be stored on the property.
   (C)   Cannabis business.
      (1)   Any cannabis business must provide evidence of a state license under M.S. § 342.14 and all applicable state laws and regulations.
      (2)   Any cannabis retail business must be registered with the city in accordance with the City Code.
      (3)   No cannabis business shall be located within 1,000 feet of a school or within 500 feet of a daycare, residential treatment facility, or public park with an attraction that is regularly used by minors. This distance shall be measured from property line to property line.
      (4)   Cannabis businesses are limited to the retail sale of cannabis, cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products between the hours of 10:00 a.m. and 9:00 p.m., seven days a week.
      (5)   Cannabis manufacturing, wholesale, and transportation facilities shall install and maintain enhanced ventilation systems designed to prevent detection of cannabis odor from adjacent properties and the public right-of-way. Such systems shall include the following features:
         (a)   Installation of activated carbon filters on all exhaust outlets to the building exterior;
         (b)   Location of exhaust outlets a minimum of 30 feet from the property line and ten feet above finished grade; and
         (c)   Maintenance of negative air pressure within the facility; or
         (d)   An alternative odor control system approved by the Building Official based on a report by a mechanical engineer licensed in the State of Minnesota, demonstrating that the alternative system will control odor equally or better than the required activated carbon filtration system.
   (D)   Off-site service business.
      (1)   The maximum size building occupancy is 5,000 square feet.
      (2)   At least 50% of the floor area specific to the off-site business must be dedicated to office, retail, or showroom uses and be open to the public a minimum of 40 hours per week.
      (3)   The office, retail, and showroom uses and principal building entrance shall be oriented to the highest classification road in a manner similar to nearby commercial users.
      (4)   All other business activities within the building shall be limited to storage and assembly and shall not create any noise audible from the exterior of the building.
      (5)   All service and delivery vehicles shall be parked in the rear of the lot or, for corner or through lots, locate on the opposite side of the building from the higher classification road.
      (6)   Service and delivery vehicles are limited in number to no more than one per 400 square feet of building occupancy, rounded to the nearest whole number.
      (7)   All service and delivery vehicles shall fit within standard parking stall dimensions.
      (8)   Service and delivery vehicle parking areas shall be screened with landscaping if adjacent to an existing or planned residential use or a public roadway.
      (9)   The height of the building shall be limited to no more than the height of the tallest structure on any adjacent properties, or no more than 18 feet if no adjacent property has a structure at the time of application.
   (E)   Pawn shops as regulated by Chapter 115.
   (F)   Pet stores, provided that:
      (1)   All activity shall be within a completely enclosed building with soundproofing and odor control.
      (2)   Animals shall not cause annoyance or disturbance to another person by frequent howling, yelping, barking or other kinds of noise. This division shall only apply when the noise has continued for a ten-minute period. This requirement shall apply to the cumulative barking from the kennel, including one or several dogs.
      (3)   Outdoor kennels are prohibited.
      (4)   The owner of the pet store shall maintain a valid city commercial kennel license and shall comply with all applicable city and state building, health and maintenance standards.
      (5)   The pet store shall be subject to a reasonable limitation on the total number of animals for the size of the facilities. This limitation shall be determined by the city based on the size of the property upon which the use occurs, the uses of adjoining properties, and the existence of buffering and other applicable factors as determined by the city.
   (G)   Vehicle fuel, service, or wash.
      (1)   Stacking space is constructed to accommodate that number of vehicles which can be washed during a maximum 30-minute period; and
      (2)   Provisions are made to control and reduce noise.
      (3)   No full service car wash may be located adjacent to or within 300 feet of any residential use or residentially zoned or guided property, unless completely screened by an intervening building or located across an arterial or major collector roadway from residentially zoned or guided property.
      (4)   Canopy signage associated with this use shall follow the requirements in §§ 155.081 through 155.087.
   (H)   Vehicle sales and rental.
      (1)   A minimum lot area of two acres is required.
      (2)   The ratio of the building footprint to the sales lot size shall be a minimum ratio of 1:2.
      (3)   All outdoor sales areas shall be in the side and/or rear yards, and no closer to the front setback than the main structure on the site.
      (4)   Side and rear setbacks:
         (a)   In the case of a premises adjoining an agricultural and/or residential zoning district, side and rear yard building setbacks shall be not less than 50 feet.
         (b)   In the case of premises adjoining a commercial, industrial, and/or public/institutional
zoning district, side and rear yard building setbacks shall be not less than 30 feet.
      (5)   Land along all public street areas shall be maintained as landscaped green areas.
      (6)   No outdoor speakers may be used at any time.
(Ord. 2402, passed 12-10-24)

§ 155.064 PRINCIPAL INDUSTRIAL USE-SPECIFIC STANDARDS.

   (A)   Self-storage facility.
      (1)   The following standards shall apply for any parcel of land abutting, or within 100 feet of State Highway 241 or the northwest corner of C.S.A.H. 36/Ogren Avenue NE (St. Michael 194 Business Park):
         (a)   The self-storage facility must be a multi-story building.
         (b)   The self-storage facility must be climate controlled.
(Ord. 2402, passed 12-10-24)

§ 155.065 PRINCIPAL AGRICULTURAL USE-SPECIFIC STANDARDS.

   (A)   Animal-related uses.
      (1)   Any building in which animals are kept, whether a roofed shelter or enclosed structure, shall be located a distance of 100 feet or more from any lot line.
      (2)   The animals shall, at a minimum, be kept in an enclosed pen or corral of sufficient height and strength to retain such animals. Said pen or corral may not be located closer than 100 feet from a lot.
      (3)   The regulations of the Minnesota Pollution Control Agency are complied with.
      (4)   In all residential districts, domestic animal enclosures shall not be permitted in the front yard or in the case of a corner lot, the area between the street right-of-way and the minimum required building side yard setback line. Any domestic animal enclosure shall not be located closer than ten feet to any property line and not closer than 25 feet to any dwelling unit other than on the owner's property. No such enclosure shall exceed 120 square feet.
   (B)   Feedlots.
      (1)   Title. This section shall be known, cited and referred to as the St. Michael Feedlot Ordinance.
      (2)   Statutory authority. This section is adopted pursuant to the authorization and policies contained in M.S. §§ 103B.301 through 103B.335, Minnesota Pollution Control Agency Rules, Parts 7020.0100 through 7020.1900, and M.S. § 412.221, Subd. 32.
      (3)   Intent and purpose.
         (a)   The production of farm animals and other agricultural products is an important part of the history, environment, and economy of the city. Livestock, poultry, dairy products, and other agricultural commodities are produced within the city for consumption in the state, the United States, and foreign countries. The continued health of the agricultural community and the production of these products are essential to the economic well-being of the city and its residents.
         (b)   The city also contains a wealth of natural resources including an abundance of surface and ground water. These resources must be protected from pollution to ensure the health of the public and to maintain safe, high-quality water for recreational, residential, agricultural, and commercial use. The following regulations have been established to protect natural resources and the quality of life in the city while recognizing the importance of animal agriculture and the beneficial uses of animal manure in the production of agricultural crops.
         (c)   It is the intent and purpose of this section to allow for the continued production of agricultural commodities and to maintain a healthy agricultural community within the city while ensuring that animal feedlots and animal wastes are properly managed to protect the health of the public and the city's natural resources.
         (d)   Therefore, this section is adopted for the purpose of:
            1.   Establishing a procedure for the permitting of feedlots.
            2.   Regulating the location, development, operation and expansion of feedlots.
            3.   Promoting best farm management practices.
            4.   Protecting ground and surface water resources.
            5.   Minimizing environmental problems.
      (4)   General provisions.
         (a)   Jurisdiction. The jurisdiction of this section shall apply to all the areas within the corporate limits of the city.
         (b)   Scope.
            1.   From and after the effective date of this section and subsequent amendments, the use of all land and every building or portion of a building used for a feedlot or as part of a feedlot in the city shall be in conformity with the provisions of this section. Pre-existing structures which are not in conformity with the setback and area provisions of this section, but were in conformity with the standards established by the Zoning Ordinance and the County Zoning Ordinance, when applicable, shall be allowed if a potential pollution hazard does not exist and the registration procedures in division (G) are complied with.
            2.   A feedlot that is non-conforming because of excessive animal unit numbers, which exists at the time of adoption of this section, may be continued, provided that the number of animal units does not increase. Whenever a non-conforming feedlot has reduced its animal unit numbers over a period of more than one year to a lesser number of animal units, such animal unit numbers shall not thereafter be increased.
         (c)   Application.
            1.   In the city's interpretation and application, the provisions of this section shall be held to be the minimum requirements for the promotion of the public health, safety, and welfare.
            2.   Where the conditions imposed by any provision of this section are either more restrictive or less restrictive than comparable conditions imposed by any other applicable law, ordinance, statute, resolution, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall prevail.
         (d)   Measurements. All stated and measured distance shall be taken to the nearest integral foot. If a fraction is one-half foot or less, the integral foot next below shall be taken.
         (e)   Compliance. The use of any land for the establishment, expansion, or management of an animal feedlot shall comply with the provisions of this section, the Zoning Ordinance, and the provisions of Minnesota Pollution Control Agency Rules, Chapter 7020.
      (5)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Except for those words and phrases defined below, the words and phrases used in this section shall be interpreted to be given the meaning in common usage, so as to give this section its most reasonable application.
         AGENCY. The Minnesota Pollution Control Agency as established in Minnesota Statutes, also sometimes referred to as the MPCA.
         ANIMAL MANURE. Poultry, livestock or other animal excreta or a mixture of excreta with feed, bedding or other materials.
         ANIMAL UNIT. A unit of measure used to compare differences in the production of animal manures which has as a standard the amount of manure produced on a regular basis by a slaughter steer or heifer. For purposes of this section, the definition and units of measure contained in Minnesota Rules Part 7020.0300, Subpart 5 shall apply.
         BLUFF. Defined as set forth in § 155.015 of this chapter.
         BLUFF IMPACT ZONE. Bluff impact zone means a bluff and land located within 20 feet from the top of a bluff.
         BUILDING. Any structure having a roof which may provide shelter or enclosure of persons, animals, chattel, or property of any kind and when said structures are divided by party walls without openings, each portion of such building so separated shall be deemed a separate building.
         BUILDING, AGRICULTURAL. All buildings, other than dwellings, which are incidental to a farming operation.
         CITY OF ST. MICHAEL, MINNESOTA. City, municipal corporation, or municipality.
         CITY COUNCIL. The governing body for the City of St. Michael.
         COMMISSIONER. The Commissioner of the Minnesota Pollution Control Agency whose duties are defined in Minnesota Statutes.
         CONDITIONAL USE PERMIT. A permit specifically and individually granted by the City Council pursuant to the provisions of this chapter.
         CONSTRUCTION SHORT FORM PERMIT. A permit giving permission for construction or expansion of a feedlot or manure storage area when, as determined by the city, there is not a pollution hazard.
         COUNTY. Wright County, Minnesota.
         DOMESTIC FERTILIZER. An animal manure that is put on or injected into the soil to improve the quality or quantity of plant growth; or animal manure that is used as compost, soil conditioners, or specialized plant beds.
         DRAINAGE WAY. Any natural or artificial water course, including but not limited to streams, rivers, creeks, ditches, channels, canals, conduits, culverts, waterways, gullies, ravines, or washes, in which waters flow in a definite direction or course, either continually or intermittently; and including any area adjacent thereto which is subject to inundation by reason of over flow or floodwater.
         FAMILY. One or more persons each related to the other by blood, marriage, adoption, or foster care, or a group of not more than three persons not so related, maintaining a common household and using common cooking and kitchen facilities.
         FAMILY, IMMEDIATE. Persons related by blood, marriage, or certified legal instrument.
         FEEDLOT ADMINISTRATOR. The city's Zoning Administrator, or other staff as directed by the Zoning Administrator, which may include a county employee, appointed by the County Board of Commissioners, working with the city to administer the provisions of this section. The Feedlot Administrator shall have the same duties and powers as a Feedlot Officer as defined by Minn. Rule 7020.
         FEEDLOT, ANIMAL. A lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising or holding of animals and specifically designed as a confinement area in which manure may accumulate, or where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. Pastures shall not be considered animal feedlots under these rules. Fish farms [aquaculture] shall be considered feedlots for the purposes of this section.
         FEEDLOT, NEW ANIMAL. An animal feedlot constructed and operated at a site where no animal feedlot existed previously or where a pre-existing animal feedlot has been abandoned or unused for a period of five years or more.
         FEEDLOT, OPERATOR. A person, corporation, group of individuals, partnership, joint venture, owner or any other business entity having charge or control of one or more animal feedlots, poultry lots or other animal lots.
         FEEDLOT PERMIT. A document issued by the agency, city, or county which contains requirements, conditions, and compliance schedules relating to the discharge of animal manure pollutants.
         FEEDLOT, RUNOFF. The movement of water from a feedlot, either in the form of rainfall, snow melt, or as water from a waterway, ditch, drainage way, and the like passing over a feedlot, carrying particles of manure into a body of water or to a channelized flow environment and thereby constituting a potential pollution hazard.
         FLOOD. A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas.
         FLOOD FREQUENCY. The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded.
         FLOOD FRINGE. That portion of the flood plain outside of the floodway. FLOOD FRINGE is synonymous with the term "floodway fringe" used in the Flood Insurance Study for the city.
         FLOOD PLAIN. The beds proper and the areas adjoining a wetland, lake, or watercourse which have been or hereafter may be covered by the regional flood and as defined in § 155.365.
         HOLDING POND. A storage facility, usually earthen, where feedlot runoff and other diluted wastes are stored before final disposal. It is not designed for treatment of waste.
         IMMEDIATELY INCORPORATED. Manure or process wastewaters tilled into the soil within 24 hours of application and prior to rainfall.
         INTERIM PERMIT. A permit identifying the necessary corrective measures to abate potential pollution hazards and defining a length of time to correct the problem.
         LAGOON, ANIMAL. An impoundment made by excavation of earth fill and/or construction of an earthen berm for the biological treatment of animal or other agricultural waste.
         MAJOR GROWTH AREAS. Areas within the city where a combination of uses in an urban or near-urban environment is likely to develop over the long term, as designated in the City Land Use Plan.
         MANURE STORAGE AREA. An area where animal manure or runoff containing animal manure is stored or placed until it can be utilized as domestic fertilizer or removed to a permitted animal manure disposal site.
         NRCS. The Natural Resource Conservation Service of the USDA, a federal agency.
         OWNER. Any person having possession, control or title to an animal feedlot.
         PARCEL. Lot of record as defined by the St. Michael Zoning Ordinance.
         PASTURES. Areas where grass or other growing plants are used for grazing and where the concentration of animals is such that a vegetative ground cover is maintained during the growing season except in the immediate vicinity of temporary supplemental feeding or watering devices.
         PERSON. Includes a firm, association, organization, partnership, trust, company, corporation, as well as an individual.
         PLANNING COMMISSION. The St. Michael Planning Commission, except when otherwise designated.
         POTENTIAL POLLUTION HAZARD. A condition which indicates a potential for pollution of land and/or waters including, but not limited to:
            1.   An animal feedlot or manure storage area whose construction or operation will allow a discharge of pollutants to surface water or ground water of the state in excess of applicable standards, including, but not limited to, Minnesota Rules, Chapter 7050, during a rainstorm event of less magnitude than the 25 year, 24-hour event, or will violate any city, state or county rules or ordinances.
            2.   An animal feedlot or manure storage area located within shore land or flood plain.
         PROCESS WASTEWATERS. Waters and/or precipitation, including rain or snow, which comes into contact with manure, litter, bedding, or other raw material or intermediate or final material or product used in or resulting from the production of animals, poultry, or direct products, such as milk or eggs.
         SHORELAND. Any area contained within the Shoreland Overlay District of the St. Michael Zoning Ordinance.
         SPECIAL PROTECTION AREA. Land within 300 feet of all:
            1.   Protected waters and protected wetlands as identified on the Department of Natural Resources Protected Waters and Wetlands Map for Wright County; and
            2.   Intermittent streams and ditches identified on United States Geological Survey quadrangle maps, excluding drainage ditches with berms and segments of intermittent streams which are grassed waterways.
         SWCD. The Wright Soil and Water Conservation District.
         USDA. United States Department of Agriculture.
         WATERS OF THE STATE. All streams, lakes, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portions thereof.
         WETLANDS. Defined as set forth in § 155.015 of this chapter.
      (6)   Administration.
         (a)   Administrator. This section shall be administered by the Feedlot Administrator, with assistance from the county and the Wright Soil and Water Conservation District.
         (b)   Duties and powers. The Feedlot Administrator shall have the following duties and powers:
            1.   Administer and enforce this section.
            2.   Issue construction short form permits and interim permits.
            3.   Receive and forward applications for state administered permits together with city and/or county recommendations to the Minnesota Pollution Control Agency.
            4.   Supervise the keeping of all necessary records including those related to feedlot and manure management and construction of manure storage and runoff control structures and/or practices.
            5.   Consult with county, SWCD, NRCS, MPCA and private consultants as necessary to ensure construction standards are followed on manure handling and runo control structures.
            6.   Maintain a record of all permits and registration material.
            7.   Provide and maintain a public information bureau relative to this section.
            8.   Educate the public and feedlot operators to issues of this section such as potential feedlot pollution problems.
            9.   Oversee the inspection of feedlot operations to ensure compliance with this section.
            10.   Consult with other city and county departments, state and federal agencies, and private consultants as needed to discharge these duties.
            11.   Fulfill the requirements of a county feedlot pollution control officer as set out in Minnesota Rules Part 7020.1600, Subpart 2.
         (c)   Administered by the city. The Feedlot Administrator shall review applications and process as follows:
            1.   All permit applications shall be processed in accordance with Minnesota Rules Part 7020.1600, Subpart 4a.
            2.   Applications for state administered feedlots shall be first submitted to the Feedlot Administrator. After review, the application and comments shall be forwarded to the agency.
            3.   No building permits directly related to the confined feeding, breeding, raising or holding of animals, or the handling or storage of manure shall be issued until a construction short form permit or interim permit, if required, has been issued by the agency or city.
         (d)   Administered by the state. The Feedlot Administrator shall forward to the Commissioner, with recommendations and comments, all animal feedlot permit applications which fall within one or more of the following categories:
            1.   Animal feedlots that are required to obtain a permit under Minnesota Rules 7020.0405, Subpart 1A and B. This includes all feedlots of 1,000 animal units or more;
            2.   Animal feedlots where manure is not used as a domestic fertilizer; or
            3.   Animal feedlots for which further technical review is desired by the Feedlot Administrator.
         (e)   Variances.
            1.   A variance from this section may be granted when the city determines that granting the variance would not result in adverse environmental effects and if the criteria for granting variances under § 155.096 are met.
            2.   Any person seeking a variance shall comply with those requirements as set forth in§ 155.096 of this chapter.
      (7)   Registration and permits.
         (a)   Registration. Registration shall be required for all animal feedlots of ten animal units or more on a four-year cycle following the guidelines contained in Minnesota Rules Part 7020.0350, Subpart 4, including:
            1.   A registration form shall be made available by the Feedlot Administrator and will include the information required under Minnesota Rules, Part 7020.0350, Subpart 1.
            2.   Any person owning or operating an existing animal feedlot without a current registration or feedlot permit from the city, county or the agency shall register the feedlot operation with the Feedlot Administrator.
            3.   A registered animal feedlot shall secure city, county and/or state permits when required under this section.
         (b)   Permit required. Any person owning or operating a proposed or existing animal feedlot having ten animal units or more in a shoreland area, or 50 animal units or more anywhere else, shall make application to the Feedlot Administrator for a feedlot permit if any of the following conditions exist:
            1.   A new animal feedlot is proposed.
            2.   A change in operation of an existing animal feedlot is proposed; a change in operation includes:
               a.   A change in the construction or operation of an animal feedlot that would significantly or adversely affect the storage, handling, utilization, or disposal of animal manure;
               b.   An increase beyond the registered number of animal units;
               c.   Any construction of a building or the expansion of a dirt or concrete lot that contains livestock; or
               d.   An increase in the number of animal units to ten or more which are confined at an unregistered animal feedlot;
            3.   A National Pollutant Discharge Elimination System (NPDES) permit application is required under state or federal rules and regulations; or
            4.   An inspection by agency staff or the Feedlot Administrator determines that the animal feedlot creates or maintains a potential pollution hazard, and the feedlot has not signed up for the 2005 to 2010 (and as amended from time to time) Open Lot Certification under Minnesota Rules, Part 7020.2003, Subparts 4 through 6.
         (c)   Shoreland review required. Any animal feedlot of ten animal units or less, which is located within the Shoreland Zoning District as designated under § 155.053, may be reviewed by the Feedlot Administrator to determine if a potential pollution hazard exists. The Feedlot Administrator may place conditions upon the operations of such animal feedlots to limit their impact on surface water quality.
         (d)   Permit application. A permit application shall include the following:
            1.   Owner's and operator's name and address.
            2.   Location, or proposed location, of the animal feedlot including quarter, section, range and township.
            3.   Animal types and maximum number of animals of each type which will be confined at the feedlot.
            4.   A scale drawing clearly indicating the dimensions of the feedlot and showing all existing homes, buildings, existing manure storage areas and/or structures, lakes, ponds, water courses, wetlands, dry-runs, rock outcroppings, roads and wells within 1,000 feet of the proposed feedlot.
            5.   Descriptions of the soil types, ground water elevations, topography, and drainage pattern of the site and surrounding area.
            6.   Plans for buildings and structures as required by this section and/or other city, county and state ordinances and regulations.
            7.   A manure and waste management plan including:
               a.   Manure handling and application techniques;
               b.   Acreage available for manure application;
               c.   Run-off potential;
               d.   Plans for proposed manure storage or pollution abatement structures; and
               e.   Plans for the proper disposal of dead livestock;
            8.   Leases or agreements allowing the applicant to dispose of manure on land other than his own.
            9.   Application fees, permit fees, and such other fees as established by resolution of the City Council from time to time.
            10.   Persons applying for a new animal feedlot or animal feedlot expansion with a capacity of 500 animal units or more shall provide evidence of compliance with the notice requirements contained in M.S. § 116.07, Subd. 7a.
         (e)   Duration of construction short form permits and interim permits. All construction short form permits and interim permits expire within 24 months of the date of issuance, and may be extended only under the provisions contained in Minnesota Rules Part 7020.0535, Subpart 5.
      (8)   Minimum standards.
         (a)   Minimum area and animal density. A minimum area of four acres, or such greater area, required to meet all setbacks set forth by zoning ordinance shall be required for animal feedlot operations. On lots larger than four acres in the A-1, AP, RR, R-1, R-1a, R-2, R-3, R-4, and I-1 zoning districts, animals shall be allowed at a maximum density of one-half animal unit per acre, with the following conditions:
            1.   Any new animal feedlot or animal feedlot expansion, which is required to register under this section, must be located in an A-1 or AP Zoning District and may not be located in any other Zoning District.
            2.   An interim use permit, issued under § 155.043 (Uses) and § 155.095 (Interim Use Permit), and in accordance with the process established in Minnesota Rules 7020.0505D, shall be required for the following:
               a.   Any new animal feedlot, up to a maximum of 300 animal units, of which any part is located in an area not designated for agriculture use in the city's comprehensive plan.
               b.   An animal feedlot expansion, up to a maximum of 500 animal units, of which any part is located in an area not designated for agriculture use in the city's comprehensive plan.
               c.   Any animal feedlot expansion within an area designed for agriculture use in the city's comprehensive plan which causes the facility to meet or exceed 500 animal units.
               d.   These restrictions shall not apply to farm operations existing prior to the adoption of this section, but shall apply to any expansion of an existing farm operation. Parcel size in all districts is determined using all adjoining parcels under common ownership.
            3.   Additional land. The animal feedlot owner shall own or have sufficient additional land under contract to meet the manure utilization requirement for spreading of manure produced in their feedlot. The Feedlot Administrator shall retain copies of all written agreements between the feedlot operators and lessors or any person who permits land application of manure. No land area may be subject to more than one such agreement.
         (b)   Building, holding basin, lagoon, and manure storage area setbacks. No permits shall be issued for the construction of an open-air clay, earthen, or flexible membrane lined swine waste lagoon or holding pond. This prohibition does not apply to repair or modification related to an environmental improvement of an existing lagoon or holding pond, nor does it apply to containment basins constructed to handle runoff only from existing animal feedlots, as necessary to correct a potential pollution hazard. Livestock buildings, manure holding basins, lagoons, and manure storage areas shall be constructed, operated and maintained so as to minimize the aesthetic, health, odor and pollution concerns associated with neighboring properties and land uses. The following setbacks shall apply:
            1.   Property lines.
               a.   100 feet: All buildings housing livestock, open feedlots and solid manure storage areas, including short term stockpiling sites.
               b.   200 feet: Liquid manure storage areas in compliance with Minnesota Rules, Part 7020.2100.
            2.   Neighboring properties.
               a.   Pre-ordinance feedlots. The modi cations and/or expansion of existing animal feedlots and/or permanent manure storage areas that are located within 500 feet of an existing dwelling unit may be allowed, if they do not further encroach on the established setback. Existing feedlots that are within 1,000 feet of an existing dwelling may not expand to more than 499 animal units, unless a Conditional Use Permit (CUP) is obtained. When an expansion requires a CUP, the City Council shall consider the impact on pre-existing dwelling units within 1,000 feet and may require that the expansion meet the standards of a new feedlot.
               b.   Post-ordinance feedlots.
                  i.   No permits for a new dwelling unit shall be issued within 500 feet of an existing registered and/or permitted animal feedlot or permanent manure storage area of ten to 499 animal units, nor within 1,000 feet of an existing registered and/or permitted animal feedlot or permanent manure storage area of 500 or more animal units unless a variance is obtained under § 155.096 of this chapter.
                  ii.   No permits shall be issued for the construction and/or creation of a new animal feedlot or permanent manure storage area requiring registration and/or a permit of ten to 499 animal units that is located within 500 feet of an existing dwelling, nor for the construction and/or creation of a new animal feedlot or permanent manure storage area of 500 or more animal units within 1,000 feet of an existing dwelling unless a variance is obtained under § 155.096 of this chapter.
                  iii.   An animal feedlot that currently does not need to register and is located within 500 feet of a dwelling owned by a person other than an immediate family member may not expand to such a number of animal units that would require registration and/or a permit.
               c.   Commercial/industrial/public/institutional activity. Five hundred feet from any area zoned B-1, B-2, B-3, I-1, or P/I under the St. Michael Zoning Ordinance.
               d.   Owners and operators. Owners and/or operators of an existing feedlot, a proposed feedlot, or a feedlot modification or expansion, and their immediate family, shall be exempt from the setback requirements set forth in this section, with respect to any dwellings or feedlot improvements owned by them.
         (c)   Valid minimum standards and existing operation setbacks. The standards set above are minimum standards that may be increased by the City Council during the conditional use permit issuance process due to concerns or circumstances unique to a specific feedlot permit application. Animal feedlots in active operation prior to the adoption of this section shall comply with the standards of this section whenever possible when a change in operation, animal numbers, or new livestock facility is proposed.
         (d)   Wetland setback. The provisions of this section apply only to those areas which are not designated as Shoreland Overlay District under the St. Michael Zoning Ordinance.
            1.   No new animal feedlots or manure storage areas shall be located within 300 feet of any protected waters or wetlands identified on the Department of Natural Resources Protected Water and Wetlands Map for the county.
            2.   Modifications or expansions to existing animal feedlots or manure storage areas that are located within 300 feet of any protected waters or wetlands identified on the Department of Natural Resources Protected Water and Wetlands Map for the county are allowed as long as the expansion does not further encroach into the wetland or pose a potential pollution hazard.
            3.   No new animal feedlot or manure storage areas shall be allowed within 100 feet of a wetland of types 3, 4, or 5.
            4.   Modifications or expansions to existing animal feedlots or manure storage areas that are located within 100 feet of a wetland of types 3, 4 or 5 are allowed as long as the expansion does not further encroach into the wetland or pose a potential pollution hazard.
         (e)   Well setback.
            1.   New animal feedlots or manure storage areas shall not be located within 100 feet of a private well.
            2.   Modifications or expansions to existing animal feedlots or manure storage areas that are located within 100 feet of a private well are allowed if the expansion does not further encroach into the well setback.
         (f)   Well head protection areas. Feedlot and manure management practices may be further regulated within Well Head Protection Zones established by the city or Joint Powers Water Board (JPWB).
         (g)   Shoreland.
            1.   New animal feedlots or manure storage areas shall not be located within any area classified as the Shoreland Overlay Zoning District under § 155.053 of this chapter, nor in the bluff impact zones.
            2.   Modifications or expansions to animal feedlots that existed as of October 16, 2000, and that are located within any area classified as the Shoreland Overlay District under § 155.053 of this chapter or within a bluff impact zone are allowed, if they do not further encroach into the shoreland setback, do not further encroach on bluff impact zones, if all identified pollution hazards are corrected, and if they obtain a feedlot permit.
         (h)   Disposal of animal carcasses. The animal feedlot owner shall provide a plan indicating
the method to be used for the disposal of animal carcasses.
            1.   The plan for dead animal disposal shall be consistent with the Minnesota Board of Animal Health Regulations Minnesota Rules Chapter 1719.
            2.   The disposal plan shall include the name and location of any rendering service to be used and methods for protecting carcasses from scavengers.
            3.   Animal carcasses, either whole, partial, or ground-up, shall not be disposed of in the manure storage structure.
         (i)   Coordination with the City of St. Michael Zoning Ordinance. All provisions of this section shall be coordinated with and referenced to the St. Michael Zoning Ordinance to ensure the compatibility and comprehensive coverage of the feedlot and other requirements of Zoning Ordinance.
      (9)   Prohibited locations of feedlots. No new animal feedlot shall be constructed within any 100-year flood plain.
      (10)   Land application of manure. All land application of manure or process wastewater shall comply with Minnesota Rules, Part 7020.2225.
      (11)   Restrictions of land application sites.
         (a)   Soil loss in shoreland areas. Land application of manure or process wastewater shall not be allowed on soils within shoreland that exceed allowable soil loss as set by the NRCS with assistance from the SWCD unless a conservation plan that will reduce soil loss to the allowable level is developed and is showing progress towards implementation within one year of issuance of a feedlot permit or interim permit.
         (b)   Right-of-way. Manure or process wastewater shall not be applied to the right-of-way of public roads.
         (c)   Frozen or snow-covered soils. Manure or process wastewater shall not be applied to frozen or snow-covered soils in special protection areas.
         (d)   Lakes and perennial streams. A minimum distance of 300 feet shall be maintained between surface applications of manure or process wastewaters and all lakes and perennial streams on unfrozen soils. In cases when manure is injected or immediately incorporated, or if there is at least a 100-foot perennial buffer, the separation distance may be reduced to 100 feet on unfrozen soils.
         (e)   Other special protection areas. A minimum distance of 300 feet shall be maintained between surface applications of manure or process wastewaters and all other special protection areas on unfrozen soils. In cases where manure is injected or immediately incorporated, or if there is at least a 50-foot perennial buffer, the separation distance may be reduced to 75 feet on unfrozen soils.
         (f)   Flood plain. Manure or process wastewater applications in the Flood Plain Overlay District as defined by § 155.365 of this chapter shall comply with the following requirements:
            1.   No application to frozen or snow covered soils in the flood plain.
            2.   Any application to unfrozen soils in the flood plain shall be immediately incorporated into the soil.
         (g)   Drainage ditches. If no potential pollution hazard exists, a minimum distance of one rod or 16.5 feet shall be maintained between surface applications of manure or process wastewater and drainage ditches or grassed waterways unless classified as a wetland or protected water.
         (h)   Private wells. If no potential pollution hazard exists, a minimum distance of 100 feet shall be maintained between all applications of manure or process wastewater and any private water supply well.
         (i)   Public wells. If no potential pollution hazard exists, a minimum distance of 300 feet shall be maintained between all application of manure or process wastewater and any public water supply well.
         (j)   Residences. Manure or process wastewater shall not be applied within 100 feet of a residence without injecting or immediate incorporation into the soil unless permission in the form of a written agreement is granted by the resident. When determining the distance between a residence and manure application, the distance shall be measured from the residence, not property lines, to manure application.
         (k)   Treatment or disposal. Any manure or process wastewater not utilized as domestic fertilizer shall be treated or disposed of in accordance with applicable state laws and regulations.
         (l)   Irrigation of liquid manure. The application of liquid manure or process wastewater by irrigation is prohibited unless a liquid manure irrigation plan for the feedlot has been submitted to and approved by the Feedlot Administrator. The liquid manure irrigation plan must contain a description of the specific irrigation process proposed, amounts and frequency of application, analysis of the nutrient content of the manure or a proposed sampling schedule for the manure, a description of the land to be used, and a description of the methods to be used to limit aesthetic and odor problems with neighbors. The Feedlot Administrator shall provide the SWCD with copies of liquid manure irrigation plans for review and comment before approval is given.
      (12)   Manure storage and transportation.
         (a)   Compliance with state and local standards. All animal manure shall be stored and transported in conformance with Minnesota Pollution Control Agency Rules 7020 and the Feedlot Ordinance.
         (b)   Potential pollution hazard prohibited. No manure storage area shall be constructed, located, or operated so as to create or maintain a potential pollution hazard unless a certificate of compliance or a permit has been issued by the MPCA.
         (c)   Vehicles, spreaders. All vehicles used to transport animal manure on public roads shall
be leak proof. Manure spreaders with end gates shall be in compliance with this provision provided the end gate works effectively to restrict leakage and the manure spreader is leak proof.
         (d)   Utilization as domestic fertilizer. Animal manure, where utilized as domestic fertilizer,
shall not be stored for longer than one year.
         (e)   Run-off control structures. All manure storage areas shall have run-off control structures to contain the liquid if the storage area is located where a potential pollution hazard exists.
         (f)   Storage capacity. A manure utilization plan specifying storage capacity adequate for the type and quantity of manure generated by the animal feedlot shall be developed as part of the permit process.
         (g)   Liquid manure storage areas. All liquid manure storage areas must comply with the provisions of Minnesota Rules Part 7020.2100.
         (h)   Steel tanks. No steel tanks shall be used for underground manure storage.
      (13)   Violations and enforcement.
         (a)   Violations. Any person who shall violate any of the provisions of this section or who shall fail to comply with any of the provisions of this section or who shall make any false statement in any document required to be submitted under the provisions of this section, shall be guilty of a misdemeanor. Each day that a violation continues shall constitute a separate offense.
         (b)   Enforcement.
            1.   Stop work orders. Whenever any construction or animal feedlot activities are being done contrary to the provisions of this chapter, the Feedlot Administrator may order the work stopped by written notice personally served upon the owner or operator of the feedlot. Such construction or animal feedlot activities shall cease and desist until subsequent authorization to proceed is received from the Feedlot Administrator, or its designee.
            2.   Revocation or suspension. Whenever any animal feedlot is operated in violation of the conditions set forth on the permit, interim permit or certificate of compliance, said permit may be subject to revocation or suspension upon written notice personally served upon the owner or operator of the feedlot.
            3.   Interference prohibited. No person shall hinder or otherwise interfere with the Feedlot Administrator in the performance of duties and responsibilities required pursuant to this section.
            4.   Access to premises. Upon the request of the Feedlot Administrator, the applicant, permittee or any other person shall allow access at any reasonable time to the affected premises for the purposes of administering and enforcing this section. Refusal to allow reasonable access to the Feedlot Administrator shall be deemed a violation of this section, whether or not any other specific violations are cited.
            5.   Injunctive relief and other remedies. In the event of a violation of this section, the Feedlot Administrator may institute appropriate actions or proceedings, including the seeking of injunctive relief, to prevent, restrain, correct or abate such violations. All costs, including reasonable attorney fees, incurred for such enforcement action may be recovered by the city in a civil action in any court of competent jurisdiction. These remedies may be imposed upon the owner, operator, applicant, permittee, installer, or other responsible person either in addition to or separate from other enforcement actions.
         (c)   Reporting of spills and accidental discharges. Owners and operators of animal feedlots shall immediately report to the Feedlot Administrator any accidental discharge of animal manure from a lagoon or holding pond.
      (14)   Abandonment/accidental discharge. Owners and operators of animal feedlots shall have joint and several liability for clean-up, closure or remediation of abandoned animal feedlot sites as well as for the clean up or remediation of the effects of spills and accidental discharges. At the discretion of the city, such costs may be certified to the County Auditor as a special tax against the real property involved.
   (C)   Retail nurseries, greenhouses, and tree farms.
      (1)   The site accesses onto a major collector;
      (2)   Adequate off-street parking and access is provided on the site or on lots directly abutting or directly across a public street or alley to the principal use in compliance; and
         (3)   Adequate off-street loading and service entrances are provided and regulated where applicable by §§ 155.074 et seq.
(Ord. 2402, passed 12-10-24)

§ 155.066 PRINCIPAL UTILITY USE-SPECIFIC STANDARDS.

   (A)   Parking facility.
      (1)   The parking lot area shall be located adjacent to the businesses it is intended to serve.
      (2)   If access to the parking lot is through an adjacent parcel, the applicant shall be required to obtain a permanent access easement from the adjacent parcel before the use may commence.
   (B)   Towers and wireless facilities as regulated by Chapter 153.
   (C)   Wind energy conversion systems.
      (1)   Purpose. Health, safety, welfare, compatibility, functionality of turbines in urban areas.
      (2)   Zoning district regulations. A WECS is permitted only if the WECS complies with the requirements set forth in § 155.095 and those requirements set forth below.
         (a)   In reviewing an application for an interim use permit for a WECS, the Planning Commission and Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with the use, to protect the value of property within the zoning district and to achieve the goals and objectives of the comprehensive plan. Such conditions may include increasing setbacks, relocating the WECS, or landscaped screening in order to protect views, reduce noise or other negative characteristics.
         (b)   A roof or building-mounted WECS is not permitted.
         (c)   Only a WECS utilizing horizontal axis wind turbines (OHWT) is permitted. The OHWT must have the main rotor shaft and electrical generator at the top of the tower and must be pointed into the wind.
         (d)   Number. Only one WECS shall be permitted per lot of record.
         (e)   Height. A WECS shall have a total height, including tower and rotor at its highest point, of no more than 150 feet.
         (f)   Yard requirements. In no case shall a WECS be located closer to the public right-of-way than any principal structure existing on the property at the time of construction of the WECS.
         (g)   Setbacks. A WECS shall be setback from all property lines, overhead electrical power lines, or planned right-of-way identified in the city's transportation plan a minimum of 1.1 times the total height of the WECS. A WECS located in the Shoreland Overlay District shall be setback a minimum of 500 feet from the ordinary high water level.
         (h)   Safety design standards.
            1.   Engineering certification. An applicant seeking to install a WECS must provide engineering certification that the turbine, foundation, and tower design of the WECS is within accepted professional standards given site soil and climate conditions. Certification may be demonstrated by the WECS' manufacturer's engineer or another qualified engineer acceptable to the City Building Official.
            2.   Rotor safety. Each WECS shall be equipped with both a manual and automatic braking device capable of stopping the WECS' operation in winds 40 mph or greater.
         (i)   Equipment design and performance standards.
            1.   Each WECS must be mounted on a tubular, monopole type tower.
            2.   Color and finish. All wind turbines and towers that are part of a WECS shall be white or grey, or a similar color approved by the Zoning Administrator. Finishes shall be matt or non-reflective.
            3.   Rotor clearance. Blade arcs created by the WECS shall have a minimum of 30 feet of clearance over any structure or tree located within a 200 foot radius of the WECS.
            4.   Rotor diameter. The rotor diameter of a WECS shall not exceed 50 feet.
            5.   Technology standards. A WECS must meet the minimum standards of a WECS certification program recognized by the American Wind Energy Association, such as AWEA's Small Wind Turbine Performance and Safety Standard, the Emerging Technologies program of the California Energy Commission, or other third party standards acceptable to the city.
            6.   Established wind resource. A WECS shall only be installed where there is an established wind resource. An established wind resource may be documented in the following ways:
               a.   The proposed site for the WECS has a minimum 11 MPH average wind speed at the designed hub height, as documented on the Minnesota Department of Commerce statewide wind speed maps.
               b.   The proposed WECS turbine has a minimum hub height of 80 feet and the blade arc is 30 feet higher, on a vertical measurement, than all structures and trees within 300 feet of the tower.
               c.   Providing to the city an analysis conducted by a certified wind energy installer or site assessor (North American Board of Certified Energy Professional, NABCEP, or equivalent) that includes estimates of wind speed at the WECS turbine height based on measured data, estimated annual production, and compliance with the WECS manufacturer's design wind speed.
         (j)   Lighting. A WECS shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other federal or state law or regulation that preempts local regulations.
      (3)   Plans required. Plan applications shall be accompanied by to-scale horizontal and vertical (elevation) drawings of the entire WECS and a scaled site plan. At the city's sole discretion, a current survey may be required. The site plan must show the location of the WECS tower and accessory equipment and any structures or improvements (on or offsite) located within 500 feet of the proposed WECS tower location.
      (4)   Noise. Each WECS shall comply with Minnesota Rules 7030, and shall not exceed 50 dB(A) when measured from the outside of the nearest residence, business, school or other inhabited structure. The audible noise from a WECS may periodically exceed allowable noise levels when wind exceeds 30 mph.
      (5)   Compliance with other codes. Each WECS must comply with the Minnesota State Electrical Code and must be approved by the Federal Aviation Administration and the City Building Official.
      (6)   Utility notification. A WECS may not be installed until the Zoning Administrator has determined that the owner of the land upon which the WECS is to be located has submitted notification to the utility company of the owner's intent to install an interconnected customer-owned generator. Off-grid systems are exempt from this requirement.
      (7)   Abandonment. A WECS shall be considered abandoned after one year without energy production. A WECS and its accessory facilities shall be removed to ground level within 60 days after the city has notified the owner of the land upon which the WECS is located that the city has declared the WECS abandoned.
(Ord. 2402, passed 12-10-24)

§ 155.067 ACCESSORY USE-SPECIFIC STANDARDS.

   (A)   Accessory retail.
      (1)   The use shall be located within the structure whose principal use is not retail sales.
      (2)   The use shall be conducted in a clearly defined area of the principal building.
      (3)   The area devoted to the use shall not occupy more than 25% of the gross building area.
      (4)   Hours of operation shall be limited from 6:00 a.m. to 10:00 p.m. unless specifically modified by the City Council.
      (5)   No internal advertising or display shall be visible from the exterior of the building.
      (6)   Off-street parking shall be provided for both the principal and accessory uses in compliance with § 155.074.
      (7)   Signage may occupy up to 25% of the monument sign area in compliance with §§ 155.081 through 155.087. Wall signs are prohibited.
   (B)   Accessory structure.
      (1)   General provisions.
         (a)   Accessory structures are a permitted use where applicable; they may not work on all lots given the location of other structures, topography, or any other conditions.
         (b)   No accessory structure shall be constructed upon a lot until the construction of the principal structure has commenced.
         (c)   An accessory structure shall be considered attached if it is connected to the principal building by a covered passageway, i.e. garage, patio.
         (d)   Detached accessory structures shall have not less than a 4:12 roof pitch.
         (e)   Any accessory structure in which livestock, poultry, and farm animals are kept, shall be detached on the lot and conform to the setbacks listed in § 155.065.
         (f)   In all districts except A-1 (see division (7) below), any door opening over eight feet in height shall be oriented perpendicular to the front lot line so as not to face any public street. If facing a public street, the door shall be set back an additional ten feet beyond the minimum front yard setback required, plus an additional one-foot setback for every one-foot of height of the door opening over eight feet.
      (2)   Number of accessory structures.
         (a)   Within the A-1, AP, and PI districts, there is no limit to the number of accessory structures on a lot. Within the PI District, accessory structures shall only be used for storage of supplies and maintenance equipment used solely on the premises.
         (b)   Within any residential district, a residential lot, other than a river riparian lot, may have no more than two accessory structures.
      (3)   Accessory structure size.
         (a)   Maximum building area shall be calculated using outside wall dimensions, except where a roof projects greater than two feet from the sidewall, then the roof area will be used to determine maximum building area.
         (b)   Except for agricultural buildings in the A-1 Zoning District, accessory structures, individually and combined, either attached or detached to the principal structure, shall be subject to the following maximums in Table 6.1 below.
   Table 6.1 Accessory Structure Size
Lot Size (Acre)1
Total Maximum Building Area (sq. ft.)2
Maximum Sidewall Height - Detached Accessory Structure (ft.)
Lot Size (Acre)1
Total Maximum Building Area (sq. ft.)2
Maximum Sidewall Height - Detached Accessory Structure (ft.)
Less than 1.00
1,200
10
1.00 to 1.99
1,600
12
2.00 to 2.99
2,000
14
3.00 to 3.99
2,400
14
4.00 to 4.99
2,800
14
5.00 or more
3,200 + 400 additional sq. ft. for each whole acre over 5 acres
14
The following criteria shall be used to determine the maximum square footage for accessory structures:
1   Lot size is the area of the horizontal plan within the lot lines. For purposes of determining accessory space, except in the A-1 zoning district, the lot area shall exclude all property within the ordinary high water level or boundary of all wetlands, streams, lakes, rivers, storm water ponds.
2   On parcels one acre or greater in size located in the A-1, RR, and R-2 zoning districts, 780 square feet of the attached garage shall not be counted towards the maximum accessory building square footage.
3   Lean-tos, open wall structures, gazebos, and play houses are to be included in the calculation of total square footage.
 
      (4)   Accessory structure placement.
         (a)   Attached. All accessory structures or buildings physically attached to the principal structure or building by means of a common foundation and which is constructed of the same building materials as the principal structure shall meet the setback standards for principal structures identified in their respective zoning district.
         (b)   Detached. All detached accessory structures shall meet the minimum setbacks listed in the Table 6.2 below.
Size of Individual Accessory Structure
Structure Setbacks by Zoning District1
RR, R-1 through R-4, PI
A-12
Side
Rear
Side
Rear
Size of Individual Accessory Structure
Structure Setbacks by Zoning District1
RR, R-1 through R-4, PI
A-12
Side
Rear
Side
Rear
Up to 120 sq. ft.
5
5
5
5
121 to 240 sq. ft.
10
10
10
10
241 to 360 sq. ft.
10
15
10
15
261 to 1,200 sq. ft.
10
30
20
30
1,201 to 1,300 sq. ft.
11
31
21
31
1,301 to 1,400 sq. ft.
12
32
22
32
1,401 to 1,500 sq. ft.
13
33
23
33
1,501 to 1,600 sq. ft.
14
34
24
34
Greater than 1,600 sq. ft.
Continue to add 1 foot for each additional 100 sq. ft. of area
1   Accessory structures shall not be located within designated drainage and utility easements.
2   Any agricultural accessory structure which houses livestock, farm animals or poultry shall conform to the setbacks listed in § 155.065.
3   Any pole and post frame building being used as a dwelling unit shall conform to the setbacks listed in § 155.044.
 
         (c)   No accessory structure shall be located in a drainage or utility easement.
         (d)   Seasonal porches, as defined in § 155.015 of the city code, shall maintain the designated front, side, and rear yard setbacks for the zoning district in which they are located.
         (e)   Decks and pools are permitted 15 feet from a rear property line, provided they are not within an easement.
         (f)   Front yard.
            1.   Accessory structures are prohibited in the front yard of a lot.
            2.   In the A-1 District, accessory structures may be allowed in the front yard of a lot if the following conditions are met:
               a.   The accessory structure color must match the existing principal structure and be architecturally designed.
               b.   Accessory structure doors must be perpendicular to the road (or to the existing principal structure).
               c.   The maximum sidewall height of the accessory structure shall not exceed 12 feet.
               d.   The maximum garage door height of the accessory structure shall not exceed 11 feet.
               e.   Accessory structures must be setback no less than 75 feet, or half the distance from the principal structure to a public right-of-way or road easement, whichever is greater.
               f.   The principal structure and the accessory structure must share a common driveway.
            3.   Accessory structures may be located within the front yard of a corner lot in the RR, R-1 and R-2 zoning districts subject to the following requirements:
               a.   The subject parcel must be at least 1.01 acres in area excluding stormwater ponds, wetlands, lakes, and rivers.
               b.   The front setback of the accessory structure shall be located no closer than the principal structure front setback or frontage whichever is more restrictive.
               c.   The accessory structure must be designed to architecturally match the existing principal structure including roof pitch, windows, trim, shingles, color and side materials.
               d.   The maximum sidewall height of the accessory structure shall not exceed 12 feet.
               e.   The maximum garage door height of the accessory structure shall not exceed ten feet.
               f.   The square footage of the accessory building shall not exceed 720 square feet.
               g.   The accessory structure must have a 12 inch minimum and 30 inch maximum roof overhang and roof eaves.
               h.   A detached accessory structure may not be located more than 20 feet from the principal structure and the location of the accessory structure may not traverse a line from the public road to the nearest corner on either side of the principal structure in a manner that would place the accessory structure between the road and principal structure.
               i.   The principal structure and the accessory structure must share a common driveway. The driveway to the accessory structure may not traverse in front of the principal structure and must have the required hard surface within six months of final inspection of the accessory structure.
      (5)   Design and materials.
         (a)   All accessory structures of any size shall be constructed of durable, finished materials and shall be compatible in color to the principal structure.
         (b)   Accessory structures over 120 square feet in area shall be compatible with the principal structure in terms of design, roof style, roof pitch, overhang, eaves, color, and exterior finish materials.
         (c)   Within the A-1 District, vertical siding, including steel, is permitted under the following conditions:
            1.   Wainscoting is required on all four sides of the structure, at least 42 inches from ground level. Wainscoting may be in the form of a different color paint or material such as brick or stone;
            2.   The accessory structure shall have a minimum one-foot gable overhang;
            3.   The accessory structure shall have a minimum two-foot eave overhang except on gambrel roofs as approved by the Zoning Administrator; and
            4.   All fascia and soffits shall be finished.
      (6)   Multiple level accessory structures. All multiple level accessory structures, whether attached to or detached from the principal structure, shall be subject to the following conditions:
         (a)   All multiple level accessory structures, whether attached to or detached from the principal structure, shall be subject to the following conditions:
            1.   The square footage of multiple level accessory structures shall be calculated by adding the area of each floor of the structure. Floors which are exposed above the finished grade for less than 50% of the total building perimeter may be excluded from the square footage calculation.
            2.   The height of multiple level accessory structures shall be calculated by measuring the height from the finished grade to the top of the sidewall. Floors which are exposed above the finished grade for less than 50% of the total building perimeter may be excluded from the height calculation.
            3.   When the exposed area of any lower-level exterior wall that is excluded from the square footage calculation in provision (6)(a) exceeds 30 feet in length architectural elements must be added to elevations visible to public right-of-way or adjacent properties as approved by the Zoning Administrator.
            4.   Multiple level accessory buildings and structures are prohibited in the front yard of a lot.
            5.   The natural topography and existing grade of the ground surface, existing prior to manmade alterations, must be utilized when constructing a multiple level accessory building as determined by the Zoning Administrator.
            6.   The lower level of any multiple level accessory building shall be located directly beneath the footprint of the building located above grade.
      (7)   Agricultural buildings. For properties that qualify as agricultural under the criteria and definitions set forth in M.S. § 273.13 (Classification of Property), and are ten acres or larger, all farming and agricultural related accessory structures shall be subject to the following conditions:
         (a)   Number. There is no limit to the number of agricultural related accessory structures.
         (b)   Area. Agricultural buildings are limited to 2,000 square feet per contiguous acre of the property under common ownership.
         (c)   Setbacks. All detached accessory structures shall conform to setbacks as listed in the "Accessory Building Setback Table" in provision (B)(4) above and as found in § 155.065 Principal Agricultural Use-Specific Standards.
         (d)   Height. There is no maximum agricultural related accessory structure height.
         (e)   On lots at least ten acres or more, there shall be no limit on the height of door openings for garages or other accessory structures.
   (C)   Adult use, accessory.
      (1)   Activities classified as obscene as defined by M.S. § 617.241 are not permitted and are prohibited.
      (2)   Adult uses are prohibited from locating in any building which is also utilized for residential purposes.
      (3)   Adult uses are prohibited from locating in any place which is also used to dispense or consume alcoholic beverages.
      (4)   An adult use which does not qualify as an accessory use shall be classified as a principal adult use and shall follow the standards in § 155.063.
      (5)   An accessory adult use shall:
         (a)   Comprise no more than 5% of the floor area of the establishment in which it is located;
         (b)   Comprise no more than 10% of gross receipts of the entire business operation; and
         (c)   Not involve or include any activity except the sale or rental of merchandise.
      (6)   An accessory adult use shall be restricted from and prohibit access to minors by the physical separation of such items from areas of general public access. The business owner shall take every reasonable precaution to limit access to minors.
      (7)   Movie rentals. Display areas shall be restricted from general view and shall be situated in such a fashion as to prohibit access and visibility to minors, the access of which is in clear view and under the control of the persons responsible for the operation.
      (8)   Magazines. Publications classified or qualifying as adult uses shall not be accessible to minors and shall be covered with a wrapper or other means to prevent display of any material other than the publication title.
      (9)   Accessory adult uses shall be prohibited from both internal and external advertising and signing of adult materials and products.
      (10)   Other uses. Accessory adult uses not specifically cited shall comply with the intent of this section subject to the approval of the City Council.
   (D)   Communication device.
      (1)   In all residential districts, only one type of the following are permitted per lot:
         (a)   Satellite dish;
         (b)   Amateur radio tower; or
         (c)   Ground-mounted satellite vertical antenna.
      (2)   Communication devices shall be ground mounted or mounted to a principal or accessory structure.
      (3)   Communication devices shall be located at least ten feet from a side or rear property line, shall not be located within the front yard setback, and may not be located within a drainage and utility easement.
      (4)   Communication devices shall comply with the setback requirements for accessory structures.
      (5)   No communication device may exceed 12 feet in height above grade, unless mounted to the principal structure.
      (6)   Communication devices shall be adequately screened, with landscaping or fencing, from any adjacent residential district, right-of-way, or private street easement at a horizontal grade level satisfactory to the Zoning Administrator. Any communication device with a diameter measuring less than three feet is not required to be screened if it is attached to the principal structure.
      (7)   No more than two satellite dish antennas, no greater than three feet in diameter, shall be permitted per lot and no more than one amateur radio tower or ground-mounted satellite vertical antenna shall be permitted per lot.
      (8)   Satellite dish antennas shall be used for private, noncommercial purposes.
      (9)   A building permit shall be required for any ground mounted antenna larger than three feet in diameter.
   (E)   Construction-related temporary use.
      (1)   All model homes and temporary real estate and construction offices shall meet the required building setbacks when located within or adjacent to a residential district.
      (2)   Temporary parking facilities equal to two spaces per model home dwelling unit or temporary real estate office shall be provided.
      (3)   The model home or temporary real estate and construction offices are permitted for a period of three years or until such time as 85% of the lots are occupied, whichever occurs first.
      (4)   At no time may a model home or temporary real estate and construction office be used as a residence.
      (5)   A building permit shall be obtained for any model home or construction-related trailer.
      (6)   The applicant for a model home may be required to submit a cash bond to guarantee the conversion of the model home to a single-family home in a timely manner if alterations to the site have occurred such as the provision of paved parking, removal of lighting, and similar uses. Such conversion includes, but is not limited to, the provision of landscaping, turf restoration and the removal of parking lots, signage and lighting.
      (7)   No residential Certificate of Occupancy shall be issued for a model home until such time as the structure has been fully converted to a residence.
   (E)   Drive-through establishment.
      (1)   Multi-lane drive-through establishments.
         (a)   A conditional use permit shall be required for all multi-lane drive-through establishments.
         (b)   A traffic impact study shall be conducted by the city's traffic consultant at the expense of the applicant. The traffic impact study shall assess the potential short-term and long-term traffic impacts associated with the proposed use on the site itself and on adjacent roadways. The traffic impact study shall identify appropriate mitigation and/or recommendations to offset projected impacts, which the user shall be responsible for implementing at its sole cost.
      (2)   Food-related drive-through establishments.
         (a)   Food-related drive-through establishments shall be prohibited in the B-2 District.
         (b)   The drive-through lane shall be designed to accommodate stacking of at least five vehicles from the point of ordering, exclusive of required parking and driveway areas.
         (c)   Audio equipment associated with drive-through lanes must be designed and oriented in a manner not to be audible from adjacent properties.
   (G)   Enclosed accessory processing or manufacturing activity other than that allowed if compliant with both of the following requirements:
      (1)   Such use(s) are allowed as a permitted use in an industrial district; and
      (2)   Such use(s) do not constitute more than 25% of the gross floor area of the principal use.
   (H)   Home occupation; home occupation – special; home extended business.
      (1)   This section shall not be interpreted to apply to home occupations accessory to farming.
      (2)   General provisions. All three types of home occupations shall comply with the following general provisions and the applicable requirement provisions for the defined type of home occupation.
         (a)   No home occupation shall produce light, glare, noise, odor, or vibration that will in any way have an objectionable effect upon adjacent or nearby property.
         (b)   No home occupation shall be conducted outside.
         (c)   No equipment shall be used in the home occupation which will create electrical interference to surrounding properties.
         (d)   Any home occupation shall be clearly incidental and secondary to the primary residential use of the premises. The residential principal structure shall not change in character, result in incompatibility or disturbance to the surrounding residential uses.
         (e)   No home occupation shall require alterations of the principal structure or involve construction features not customarily found in dwellings except where required to comply with local and state fire and police recommendations.
         (f)   Home occupations shall not be located so as to prevent the provision of required enclosed parking space for residential dwellings per § 155.074(B).
         (g)   There shall be no exterior storage of equipment or materials used for the home occupation, except personal automobiles used for the home occupation may be parked on the site.
         (h)   The home occupation shall meet all applicable fire and building codes.
         (i)   Exterior signage may be displayed identifying the presence of a permitted home occupation on the property, provided it complies with the regulations of § 155.087.
         (j)   All home occupations shall comply with the provisions of the Chapter 91: Health and Safety; Nuisances of the city code.
         (k)   No deliveries, business related vehicle traffic, or parking related to the home occupation use shall take place between the hours of 10:00 p.m. and 7:00 a.m.
         (l)   Customer visits to the home occupation shall be arranged by appointment with no more than one customer scheduled to be on the premises at any given point in time.
         (m)   Nonconforming uses. Existing home occupations lawfully existing on the date of this chapter may continue as nonconforming uses. They shall, however, be required to obtain permits for their continued operation. Any existing home occupation that is discontinued for a period of more than 30 days, or is in violation of the ordinance provisions under which it was initially established, shall be brought into conformity with the provisions of this section.
         (n)   Inspection. As a condition of any home occupation application and approval, the property owner shall grant license to the city to enter the property for periodic inspection. The city hereby reserves the right upon issuing any home occupation permit to inspect the premises in which the occupation is being conducted to ensure compliance with the provisions of this section or any conditions additionally imposed.
      (3)   Permitted home occupation.
         (a)   Permitted home occupations include, but are not limited to: art studios, dressmaking, secretarial services, professional offices, teaching with musical instruments, dancing, and other instructions which consist of no more than one pupil at a time.
         (b)   The permitted home occupation shall not involve any manufacturing which requires equipment other than found in a dwelling; teaching which customarily consists of more than one pupil at a time; or over-the-counter sale of merchandise produced off the premises, except for those brand name products that are not marketed and sold in a wholesale or retail outlet.
         (c)   Permitted home occupations are allowed if the following conditions are met:
            1.   The home occupation shall only employ persons who constantly reside on the premises.
            2.   All permitted home occupations shall not be conducted within any detached accessory structure.
            3.   Permitted home occupations shall not create a parking demand in excess of that which can be accommodated in an existing driveway.
         (d)   Any permitted home occupation shall be registered with the city. This registration shall remain in effect until the home occupation is discontinued for more than one year or violates the provisions in this section.
      (4)   Special home occupation.
         (a)   Special home occupations include uses involving frequent clientele visits such as barber
and beauty services, photography studios, and group lessons.
         (b)   The home occupation may involve any of the following: stock-in-trade incidental to the performance of the service, repair, or manufacturing which requires equipment other than customarily found in a home.
         (c)   Special home occupations are allowed if the following conditions are met:
            1.   The home occupation shall employ persons who constantly reside on the premises, except where the applicant can satisfactorily prove unique conditions or need for non-residential assistance and that this exception would not compromise the intent of this chapter.
            2.   All special home occupations shall be conducted entirely within the principal dwelling and may not be conducted in accessory buildings.
         (d)   Special home occupations may accommodate parking demands through utilization of on-street parking if the need exceeds the space within the existing driveway. City Council shall maintain the right to establish the maximum number of on-street spaces permitted and increase or decrease that maximum number when and where changing conditions require additional review.
      (5)   Home extended business.
         (a)   The minimum requirements for a home extended business shall be:
            1.   Home extended businesses shall be located on the homestead property of the business operator.
            2.   There shall be no more than five employees in addition to the owner/operator.
            3.   There shall be no outside storage of supplies, equipment, or maintenance items; all work and work-related items shall be kept in an enclosed structure.
            4.   The number of parking spaces per employee shall be set by the City Council.
            5.   The combined area of attached and detached accessory space utilized for a home extended business shall not exceed 10,000 square feet.
            6.   The site must be capable of supporting on-site sanitary sewer and water facilities adequate to service the home extended business.
            7.   Working hours shall be set by the City Council.
            8.   If located on a city road, a letter of agreement containing any dust control measures determined necessary by the city shall be provided prior to issuance of the interim use permit and renewed annually (January 1 of every year).
            9.   After four founded nuisance or permit violation complaints have been made and verified with written notice to the holder of the interim use permit, a hearing shall be called to reconsider the interim use permit within 60 days.
   (I)   Nursery or greenhouse (retail or wholesale).
      (1)   The property must have a principal residential use.
      (2)   The land area containing such use must be a minimum of five acres and a maximum of ten acres.
      (3)   No more than 10% of the land area shall be covered by the related retail/wholesale buildings.
      (4)   All activities associated with this use must be set back at least 20 feet from all property lines adjacent to properties used or planned for residential purposes, and the setback area must be maintained as green space.
      (5)   All accessory structures must be setback a minimum of 30 feet from all property lines.
      (6)   The property must be located on a county or state road and must maintain at least 300 feet of frontage on the road.
      (7)   The property may not access directly onto a county or state road unless the access is at a location identified as a major intersection on the city's comprehensive plan (usually ½ mile intersection spacing).
      (8)   The property must be connected to public sanitary sewer and water services.
      (9)   At the sole discretion of the city, provisions for eventual urbanization must be made in the placement of all buildings and structures. The property owner may be required to prepare, at the owner's expense, a concept plan illustrating how the property and adjacent properties may be developed consistent with the city's comprehensive plan and with the zoning regulations in Chapter 155 of the city code. The city may also require the dedication of road or utility easements in conjunction with the issuance of the conditional use permit if, in the determination of the city, the easements may be necessary to serve adjacent or distant parcels with urban services (sanitary sewer, water, roads, storm sewer) in the future or if the conditional use could serve as a potential obstacle to the efficient provision of those services.
      (10)   If the approved commercial use is discontinued for six consecutive months, the commercial building and all accessories to the commercial use must be removed by the owner from the subject property; and the conditional use permit for the commercial use shall thereafter be null and void.
      (11)   If the property has an existing greenhouse, retail or wholesale nursery commercial use, and such commercial use is continued, a residential use may be added only if a conditional use permit for the commercial use is issued by the city subject and according to all the conditions set forth in this subsection.
   (J)   Keeping of animals.
      (1)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
         ANIMAL UNIT.
            1.   A unit of measure used to compare differences in the production of animal waste which has as a standard the amount of waste produced on a regular basis by a slaughter steer or heifer.
            2.   For purposes of these regulations, the following equivalents apply. Equivalents for other animals shall be defined by the Minnesota Pollution Control Agency.
Animal
Animal Units
Animal
Animal Units
One slaughter steer or heifer (all cattle)
1.0
One mature dairy cow
1.4
One swine over 55 pounds
0.4
One sheep
0.1
One turkey
0.018
One chicken
0.01
One duck
0.02
One horse
1.0
 
      (2)   Livestock and other animals.
         (a)   Livestock, poultry, and farm animals shall only be kept on residential lots at least four acres in size or in an agricultural district of the city. Animals shall be allowed at a maximum density of .50 animal unit per acre. These restrictions shall not apply to normal farm operations existing prior to the adoption of this chapter. Livestock shall include those animals listed in provision (J)(1) above under the definition of "agricultural use."
         (b)   The permitted animal density shall be governed by any applicable Minnesota Pollution Control Agency regulation and the city's feedlot ordinance.
         (c)   Any building where livestock, farm animals, and poultry are kept, open feedlots, and solid manure storage areas, including short term stockpiling sites, shall be setback a distance of 100 feet from the property line or road easement and shall conform to the setbacks listed in § 155.065.
         (d)   Setbacks from dwelling units shall be maintained as outlined in § 155.065. For regulations regarding pre-ordinance feedlots and post-ordinance feedlots, see § 155.065(B)(8)(b)(2).
         (e)   The manure from livestock and domestic pets shall be properly treated and disposed of with best management practices and shall not be allowed to accumulate in any manner which may cause public health problems.
         (f)   The keeping of more than two dogs on any parcel for any reason shall be deemed a kennel. Kennels are permitted only to those holding a kennel license.
   (K)   Open or outdoor storage.
      (1)   The city shall determine the height and type of outdoor storage that is compatible with the principal structure.
      (2)   The use shall meet the following criteria:
         (a)   The storage area shall be fenced and/or screened from view of adjacent properties and public right-of-way in compliance with § 155.076.
         (b)   The storage area shall be improved according to § 155.074.
         (c)   The storage area shall not take up parking space(s) as required for conformity to this chapter.
         (d)   The area used for outdoor storage shall be limited to 20% of the lot.
         (e)   On properties adjacent to State Highway 241 and Ogren Avenue NE, the outdoor storage use shall be located on the opposite side of the building from these roadways and between the outside walls of the principal building.
   (L)   Outdoor dining.
      (1)   The outdoor dining area shall be delineated by a fence, barriers, or landscaping approved by the Zoning Administrator.
      (2)   Pedestrian access shall comply with all ADA accessibility regulations.
      (3)   Garbage and debris shall be cleaned up and disposed of daily.
      (4)   Outdoor storage of items in the dining area is prohibited.
   (M)   Outdoor temporary seasonal sales.
      (1)   No portion of this use shall take place within any public right-of-way or landscaped areas.
      (2)   Parking and display areas associated with the sale shall not distract or interfere with existing business operations or traffic circulation patterns.
      (3)   The site shall be kept in a neat and orderly manner and display of items shall be as compact
as possible so as to not interfere with existing businesses, parking or driveway operations.
      (4)   Sales merchandise trailers, temporary stands, etc., shall be located on an asphalt or concrete surface.
      (5)   One temporary sign not to exceed 24 square feet in area and not more than six feet in height shall be allowed.
      (6)   The owner/operator of the outdoor temporary/seasonal sales shall have the written permission of the current property owner to locate on the site.
      (7)   The owner/operator of the outdoor temporary/seasonal sales shall comply with a daily clean-up program approved by the city.
   (N)   Open sales lot.
      (1)   Open sales lots are limited to 30% of the gross oor area of the principal use.
      (2)   Outside sales lots shall be fenced or screened from view of neighboring residential uses or any abutting residential district in compliance with § 155.076.
   (O)   Seasonal storage.
      (1)   The property on which the seasonal storage use is located shall be owner-occupied.
      (2)   All seasonal storage shall be indoors.
      (3)   Hours of operation are limited to 7:00 a.m. to 8:00 p.m.
      (4)   There shall be no storage of commercial vehicles and/or equipment.
      (5)   No additional signage is permitted for this use.
   (P)   Solar energy system.
      (1)   Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (2)   Height. A solar energy system must comply with the following height requirements:
         (a)   A building- or roof-mounted solar energy system shall not exceed the maximum allowed height for the zoning district in which the system is located.
         (b)   A ground- or pole-mounted solar energy system shall not exceed ten feet in height when oriented at maximum tilt.
      (3)   Setbacks and yard requirements.
         (a)   Roof-mounted solar energy systems.
            1.   Any roof-mounted solar energy system shall comply with all building setback requirements in the applicable zoning district.
            2.   The collector surface and mounting devices for each roof-mounted solar energy system shall be set back from the edge of the roof of the structure upon which the system is located a minimum distance as required by the Building Official.
            3.   Exterior piping for a solar hot water system may extend beyond the perimeter of the building on a side or rear yard exposure.
      (b)   Ground- or pole-mounted solar energy systems.
            1.   Any ground- or pole-mounted solar energy system shall comply with all accessory structure setbacks in the applicable zoning district.
            2.   No system shall extend into the setbacks when oriented at minimum design tilt.
            3.   In addition to the accessory structure setbacks, residential systems located within the residential zoning districts shall be located in the rear yard.
            4.   Residential systems located within the agricultural zoning districts shall be setback not less than 75 feet, or half the distance from the principal structure to a public right-of-way or road easement, whichever is greater, and meet the required side and rear yard setbacks for accessory structures.
            5.   Solar energy systems shall not be included in the calculation of total square footage of accessory space allowed, as found in § 155.067(3)(B).
         (c)   Solar energy systems located in the shoreland district shall meet the minimum structure setbacks as required in § 155.053. Solar panels no larger than four square feet on boat lifts shall be permitted.
      (4)   Aesthetics. A roof-mounted solar energy system shall incorporate the following design requirements:
         (a)   Equipment. Solar energy equipment (i.e. boxes, wiring, and conduit) shall be installed inside walls and attic spaces where feasible to reduce their visual impact. If solar equipment is visible from the public right-of-way, it shall match the color of the materials of the structure to which it is affixed.
         (b)   Pitched roofs. Panels must be mounted flush with the roof pitch and be no higher than six inches above the roof plane they are attached to.
         (c)   Flat roofs. Solar panels affixed to a flat roof shall be placed below the line of sight from a public right-of-way.
      (5)   Coverage. The surface area of a pole- or ground-mount system shall not exceed the requirements set forth in the following table:
   Table 6.3 Maximum Surface Area Coverage of Pole- or Ground-Mounted Solar Systems
 
Lot Size (Acre)
Maximum Surface Area (sq. ft.)
Less than 1.00
400 sq. ft.
1.00 to 1.99
600 sq. ft.
2.00 to 2.99
800 sq. ft.
3.00 to 3.99
1,000 sq. ft.
4.00 to 4.99
1,200 sq. ft.
5.00 or greater
1,400 sq. ft.
 
      (6)   Application materials required.
         (a)   Application. An application for a solar energy system shall be accompanied by to-scale horizontal and vertical (elevation) drawings. The drawings must show the location of the system on the building for a roof mounted system or the location of the system upon the property for a ground-mount system, including the property lines.
            1.   Pitched roof-mounted solar energy system. The drawings for a roof-mounted system upon a pitched roof must show the elevation of the highest finished slope of the solar collector and the slope of the finished roof surface on which it is mounted.
            2.   Flat roof-mounted solar energy system. The drawings for a roof-mounted system upon a flat roof must show the distance to the roof edge and any parapets on the building and shall identify the height of the building on the street frontage side, the shortest distance of the system from the street frontage edge of the building, and the highest finished height of the solar collector above the finished surface of the roof.
      (7)   Compliance with other codes. All solar energy systems shall comply with requirements imposed by the City Building Official and with requirements set forth in the Minnesota State Electrical Code.
      (8)   Utility notification. No solar energy system shall be installed until written evidence has been given to the Zoning Administrator establishing that the owner of the property upon which the system is located has notified the utility company of the intent to install an interconnected customer-owned generator. Off-grid systems are exempt from this requirement.
      (9)   Abandonment. A ground- or pole-mounted solar energy system shall be considered abandoned after one year without energy production. A solar energy system and its related accessory facilities shall be removed within 60 days after written notice by the city that the solar energy system has been deemed abandoned.
   (Q)   Swimming pools.
      (1)   No person shall construct, alter or renovate a swimming pool without an approved building permit. The application for a permit must include the following:
         (a)   Complete plans and specifications for the construction of the pool.
         (b)   A site plan showing the distance of the proposed swimming pool from the property lines, existing structures on the lot, including the house, garage, and fences, retaining walls, trees, overhead and underground wiring, utility easements; any on-site sewer system and other significant features.
         (c)   The proposed location of pumps, filters, motors, electrical power source, if any, ushing and drainage outlets, and other operational features.
         (d)   Location and specifications of protective fencing, including a construction fence.
      (2)   Location.
         (a)   Swimming pools shall not be located beneath utility lines nor over underground utility lines of any type.
         (b)   Swimming pools shall be set back at least ten feet from any side property line, 15 feet from any rear property line, and ten feet from any principal structure, excluding uncovered decks.
         (c)   Swimming pools shall not be located in the front yard or closer to the front property line than the principal structure. On corner lots, the swimming pool is permitted to be located in the side front yard and must meet the required front setback.
         (d)   No swimming pool shall be located within ten feet of any portion of a septic tank or within 20 feet of an area designated as a drain field, alternate drain field, or well.
         (e)   No pool shall be located within any public or private utility easement, ingress or egress easement, swale, or existing drainage areas which may be affected by 100-year rain event levels, wetlands, floodplains or other location in which it will represent a threat to the natural environment.
      (3)   Fence requirements.
         (a)   All swimming pools shall be completely enclosed by a type of fence meeting the following general requirements:
            1.   The fence shall be of the non-climbing type, so as not to be penetrable by toddlers and afford no external handholds or footholds.
            2.   The bottom of the fence shall be no higher than four inches above grade at any given point.
            3.   All fence openings or points of entry into the pool area enclosure shall be equipped with self-closing and self-latching gates. The self-latching device must be placed at the top of the gate or so it is inaccessible to small children.
            4.   All swimming pool fences shall meet the regulations set forth in § 155.075.
         (b)   Construction fence. A construction fence shall completely enclose any in-ground pool preceding the erection of a permanent fence described in division (3)(a) above. The construction fence shall be a minimum of six feet in height, made of snow fence-like or similar design and be securely anchored in place with its base flush to the ground. It must have supportive posts placed no more than eight feet apart and remain in place until a permanent fence completely enclosing the swimming pool is installed. No swimming pool, even though containing water for construction purposes, shall be occupied or used at any time prior to the installation of a permanent fence.
         (c)   Alternative fencing for in-ground pools. A safety fence at least six feet in height shall completely enclose any in-ground swimming pool. As an alternative to a safety fence, an automatic pool cover may be utilized if it meets the standards of F1346-91 (reapproved 1996) of American Society of Testing and Materials (ASTM), as such standards may be modified, superseded, or replaced by ASTM, if all of the following requirements are met:
            1.   The property on which the in-ground pool is located is zoned A-1 Agricultural;
            2.   The property upon which the in-ground pool is located does not abut a residential zoning district;
            3.   The property upon which the in-ground pool is located is five acres or larger in area; and
            4.   The in-ground pool is set back a minimum of 150 feet from the side and rear property lines and 300 feet from an existing non-owner-occupied dwelling. The 150- foot setback may be waived if the side or rear lot line of the parcel upon which the in-ground pool is located is adjacent to a public body of water as identified on the Minnesota DNR Public Water Inventory Map and the required minimum shoreland setbacks are met.
         (d)   Above-ground pools. A fence at least four feet in height shall completely enclose any above-ground swimming pool.
         (e)   Above-ground pools with accessory decks. If an accessory deck is constructed within three feet of any part of the above-ground swimming pool, the deck shall be required to install a minimum 36-inch-high guard rail. The guard rail shall be constructed so no space within it is wider than four inches. All openings or points of entry into the above-ground pool shall be equipped with self-closing and self-latching gates.
         (f)   Outdoor spas and hot tubs. Outdoor spas and hot tubs of any size must be covered when not in use and shall have a latchable cover or be surrounded by a four-foot non-climbing fence. The cover should be constructed of a material not to be penetrable by toddlers and is subject to the inspection by the Building Official or designee.
      (4)   Miscellaneous requirements.
         (a)   Conduct. The conduct of persons and the operation of pools is the responsibility of the owner or the tenant thereof, and such conduct of persons and operation of the pool shall be done in such a manner so as to avoid any nuisance or breach of peace, and it shall be unlawful to allow loud noise to go beyond the boundaries of the property upon which the pool is located to adjacent property.
         (b)   Drainage. All back flushing water or pool drainage water shall be directed onto the property of the owner or onto approved drainage ways, such as street curb, ditches, storm sewers, and storm water ponds.
         (c)   Lighting. Any outdoor lighting of the pool may not spill or shine upon adjacent properties. For all underground pool lights and above ground plug-in motors, compliance with the Electrical Code is required.
   (R)   Unsurfaced parking lot.
      (1)   Fire lanes shall be protected from parked vehicles.
      (2)   Grading and erosion control shall be reviewed and approved by City Engineer.
(Ord. 2402, passed 12-10-24)

§ 155.071 DEVELOPMENT STANDARDS.

   (A)   Dust. The emission of dust, fly ash, or other particulate matter by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, as amended.
   (B)   Odors. The emission of odor by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, as amended.
   (C)   Noise. The emission of noise by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Rules Chapter 7030, as amended.
   (D)   Smoke. The emission of smoke by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards as amended.
   (E)   Junk or refuse. Any scrap, waste, reclaimable material, or debris, whether or not stored or used in conjunction with dismantling, processing, salvaging, baling, disposal, or other use or disposition, is considered junk and shall be disposed of. The piling of junk in yards in all districts shall be considered to be a nonconforming use and shall be removed within a period of three months after the effective date of this chapter.
   (F)   Waste.
      (1)   All waste material shall be disposed of in a manner consistent with all Minnesota State Fire Marshal and Pollution Control Agency rules. No waste shall be washed into the public storm sewer system nor the sanitary sewer system.
      (2)   Waste material resulting from or used in commercial servicing, processing, or trimming shall not be washed into the public storm sewer system nor the sanitary sewer system, but shall be disposed of in a manner approved by the Minnesota State Fire Marshal and the Pollution Control Agency.
   (G)   Bulk storage (liquid). All uses associated with the bulk storage of all gasoline, liquid fertilizer, chemical, flammable, and similar liquids, shall meet all requirements identified by the City Building Official and Fire Marshal.
   (H)   Radiation emission. All activities that emit radioactivity shall comply with the minimum requirements of the Minnesota Pollution Control Agency.
   (I)   Electrical emission. All activities which create electrical emissions shall comply with the minimum requirements of the Federal Communications Commission.
(Ord. 2402, passed 12-10-24)

§ 155.072 TRAFFIC VISIBILITY.

   (A)   On corner lots, no structure or planting in excess of 30 inches above the street center line grade shall be permitted within a triangular area defined as the greater of the following:
      (1)   Within 30 feet of any corner formed by the intersection of two streets (public or private) as measured from the intersecting curb lines; or
      (2)   Within 15 feet of any corner formed by the intersection of two streets (public or private) as measured from the intersecting property lines.
   Figure 7.1 Corner Lot Visibility
 
(Ord. 2402, passed 12-10-24)

§ 155.073 ARCHITECTURAL STANDARDS.

   (A)   Prohibited construction. No building shall be constructed of steel (except horizontal steel lap siding), iron, sheet aluminum, corrugated aluminum or plain, flat, unpainted concrete block (walls or roofs), except in the A-1 Zoning District.
   (B)   Compatibility with surrounding property. Buildings in all zoning districts shall maintain a high
standard of architectural and aesthetic compatibility with surrounding properties to ensure that they will not adversely impact the property values of the abutting properties or adversely impact the community's public health, safety and general welfare.
   (C)   Exterior finish materials.
      (1)   Exterior building finishes shall consist of materials comparable in grade and quality to the following:
         (a)   Brick;
         (b)   Natural stone;
         (c)   Decorative concrete block;
         (d)   Professionally designed pre-cast concrete units if the surfaces have been integrally treated with an applied decorative material or texture, block and if incorporated in a building design which is compatible with other development throughout the district;
         (e)   Wood, vinyl, steel, or aluminum or fiber cement lap siding, provided the surfaces are finished for exterior use and proven to have exterior durability;
         (f)   Glass curtain wall panels;
         (g)   Stucco, cementitious coating; and
         (h)   Architectural standing-seam metal panels for accents and roofs only.
      (2)   If any of the following materials are used, they may constitute no more than 80% of the building elevation facing a roadway or other planned roads. The remaining 20% must be of a different color, material, or architectural relief provided that the visual effect of this relief is deemed substantially similar to a change in color or material.
         (a)   Decorative concrete block whose color and texture is integral to the material; and
         (b)   Textured or architecturally treated concrete masonry units, or panels, if either sealed or painted in a manner guaranteed by the manufacturer against blistering, peeling, cracking, flaking, checking or chipping for a minimum of five years.
      (3)   Acceptable accent materials. To satisfy the requirements of the remaining 20% of a building's surface area, the following accent materials are acceptable:
         (a)   Any of the permitted materials listed in (C)(1) above; and
         (b)   Wood, if sealed or treated in a manner guaranteed for a minimum of five years.
      (4)   The City Council may approve additional building materials on a case-by-case basis, provided that such materials exhibit the structural strength and permanency desired, contain sufficient architectural relief, and do not detract from the desired aesthetic character of the building and the surrounding area.
   (D)   Non-residential buildings.
      (1)   Evaluation of the appearance of a project shall be based on the quality of its design and the relationship to its surroundings.
      (2)   Buildings shall have good scale and be in harmonious conformance with permanent neighboring development.
      (3)   Materials shall have good architectural character and shall be selected for harmony with adjoining buildings.
      (4)   Materials shall be of durable quality.
      (5)   Building components, such as windows, doors, eaves and parapets shall have good proportions and relationships to one another.
      (6)   Colors shall be harmonious and shall only use compatible accents.
      (7)   Exterior lighting shall be part of the architectural concept. Fixtures, standards, and all exposed accessories shall be harmonious with building design.
      (8)   Monotony of design in single or multiple building projects shall be avoided. Variation of detail, form, and siting shall be used to provide visual interest. In multiple building projects, variable siting or individual buildings may be used to prevent monotonous appearance.
      (9)   Subsequent minor additions shall be constructed of materials comparable in quality and appearance to those used in the original construction and shall be designed in a manner conforming with the original architectural design and general appearance, except when facing a public right-of-way. When a subsequent addition faces a public right-of-way, the sides facing public right-of-way shall be constructed of materials listed in provision (C) above, or a combination of these materials and existing building materials as determined satisfactory by the Planning Commission.
   (E)   Illuminated architectural features. All illuminated architectural features ("Features") or portions thereof, not defined as signage or a canopy sign, shall not count towards overall signage and shall meet the following standards:
      (1)   Features shall include, but not be limited to, wall, roof and window mounted linear lighting, the wall surface between multiple rows of linear lighting, illuminated sign bands, backlit canopies, awnings or wall banding features.
      (2)   The color, illumination or intensity of these features shall not change. No scrolling, ashing, continuous movement or other motion shall be permitted.
      (3)   Features may only be illuminated during business hours or until 11:00 p.m., whichever is later.
      (4)   No feature shall exceed a maximum illumination of 0.3 (3/10th) candelas above ambient light levels, measured from a distance of 50 feet.
      (5)   Each feature must have a light sensing device that will adjust the brightness of the display as the natural ambient light conditions change.
      (6)   Features are not permitted on sides of buildings immediately adjacent to residential properties, unless across the street.
   (F)   Roof-mounted mechanical equipment, solar panels, vents, and stacks shall be minimized and positioned so that they will not be seen from public rights-of-way or adjacent residential properties. If the city determines that is not feasible, and the equipment is visible from public rights-of-way or adjacent residential properties, the equipment shall be screened with parapet walls or encasements colored similar to the building in a manner that eliminates reflections.
(Ord. 2402, passed 12-10-24)

§ 155.074 DRIVEWAYS, PARKING, AND LOADING.

   (A)   General requirements.
      (1)   Exemptions from parking requirements. All existing business uses located within the B-2 District shall be exempt from the off-street parking and loading requirements of this section; the city may reduce required parking for new business uses downtown if in the city's sole determination there is sufficient public parking available.
      (2)   Change of use or occupancy.
         (a)   Change of use or occupancy of land. Any change of use or occupancy of land already dedicated to a parking area, parking spaces, or loading spaces shall not be made, nor shall any sale of land, division, or subdivision of land be made which reduces area necessary for parking, parking stalls, or parking requirements below the minimum prescribed by this chapter. Off-street parking and loading spaces shall not be reduced in number or size unless the number or size of remaining parking spaces exceed the requirements set forth herein for a similar new use.
         (b)   Change of use or occupancy of buildings. Any intensification, change of use, or occupancy of any building or buildings, including additions thereto, requiring more parking area shall not be permitted until there is furnished such additional parking spaces as required by this chapter.
      (3)   All property shall be entitled to at least one driveway access. Residential dwelling units shall be limited to one driveway access per property.
      (4)   Use of required area. Required off-street parking spaces in any district shall not be utilized for open storage, sale or rental of goods, storage of inoperable vehicles, and/or storage of snow.
      (5)   There shall be no off-street parking within 15 feet of any street surface.
      (6)   Parking of vehicles. No unlicensed or nonfunctioning motor, delivery, or service vehicle(s) shall be parked or stored outside of any building. Only licensed and operable delivery and service vehicles may be parked overnight outside of a building on any lot and in the rear yard.
   (B)   Driveways and parking for single-unit detached, twinhome, duplex, and attached townhouse or rowhouse dwellings
      (1)   One enclosed garage at least 440 square feet in area, with a minimum interior width of 18 feet, shall be provided for each unit. Two single stall garages with each stall at least 220 square feet in area with minimum width of ten feet, excluding stairways, landings, and utility areas, shall also be considered as meeting this requirement.
      (2)   Location.
         (a)   Required off-street parking shall be on the same lot under the same ownership as the principal use being served, except under the provisions of division (H) below.
         (b)   All residential parking and driveway areas shall maintain a minimum setback of five feet from side property lines, except the driveway access. A zero-foot setback is permitted on the shared wall property line for twinhomes and attached townhouse or rowhouse dwellings.
         (c)   Turn-around pads must be set back a minimum of ten feet from a front property line and five feet from a side property line.
         (d)   All parking shall be prohibited in any portion of the front yard except that part of a designated driveway leading directly into a garage or to an off-drive parking area (as defined in provision (B)(2)(e) below, that is not located between the front of the principal structure and the front property line.
         (e)   Off-drive parking area. One off-drive parking area is permitted adjacent to the garage, away from the principal use, except on the street side of a corner lot. The off-drive parking area may begin to transition to full width at a 45-degree angle outside of the driveway access (curb cut) area. The off-drive parking area must meet the setbacks in provision (B)(2)(b) above.
         (f)   Within the first 30 feet of any residential lot adjacent to the right-of-way, the maximum driveway angle from the street shall be no greater than 45 degrees, with the exception of a ten-foot by 20-foot turn-around pad for lots with direct access onto any collector or principal/minor arterial roads, as identified in the city's transportation plan.
         (g)   The diagrams below are only intended to depict driveway and parking that complies with the requirements set forth in provisions (B)(2) (a) through (B)(2)(f) above.
   Figure 7.2 Residential Driveway Requirements
 
      (3)   Driveway access (curb cuts).
         (a)   No residential driveway access shall be located less than 40 feet from the intersection of two or more street rights-of-way. This distance shall be measured from the intersection of lot lines.
         (b)   No driveway width shall exceed the following:
   Table 7.1 Maximum Driveway Width Within the Street Right-of-Way
 
Street Type
Maximum Driveway Width within ROW
Public Street
   - Lots less than 55 feet wide
   - Lots 55 feet wide or greater
 
25 feet
30 feet
Culs-de-sac
   - 2 or fewer driveway accesses
   - 3 or more driveway accesses
 
30 feet
25 feet
 
      (4)   Surfacing.
         (a)   Designated driveways leading directly into a garage or off-street parking area shall be surfaced with brick, concrete, or bituminous material from the public road to the front of the garage or off-street parking area.
         (b)   Any additional areas permitted for off-street parking shall be surfaced with brick, concrete, or bituminous material. In the R-2 Zoning District, driveway areas that transition from the designated surfaced driveway at a 45-degree angle leading to an off-street parking area may be surfaced with rock material.
         (c)   All surfacing must be completed within one year of building permit issuance and prior to the issuance of a certificate of occupancy.
      (5)   Passenger vehicles and commercial vehicles of a gross capacity of 15,000 pounds or less.
         (a)   The following vehicles may be parked on an established driveway or parking area that is surfaced in compliance with provision (B)(4) above:
            1.   Off-street parking of licensed passenger automobiles/trucks; and
            2.   No more than one commercial vehicle or trailer not exceeding 15,000 pounds gross vehicle weight rating (GVWR) or a length of 24 feet from front to back or a height of nine feet from top to bottom, may be permitted on an established driveway or parking area that is surfaced in compliance with [text missing].
         (b)   These restrictions shall not apply to recreational vehicles.
         (c)   For the purposes of the measurement of vehicle dimensions, the "height" of a vehicle shall be the vertical distance between the lowest part of the tires of the measured vehicle to the top of the highest part of the vehicle. The "length" of a vehicle shall be the horizontal distance between the front edge of the vehicle to the rear edge of the vehicle. For purposes of these measurements, accessories, attachments, and materials fixed or carried upon such vehicle shall be considered part of the vehicle, with the exception of aerial antennas.
         (d)   Exceptions. Off-street parking of one commercial vehicle with no restriction on the gross vehicle weight rating (GVWR) and of one commercial trailer (enclosed or unenclosed) may temporarily occur in conjunction with a temporary service including, but not limited to, a construction or remodeling project benefitting the premises, provided they are parked on an established driveway or parking area that is surfaced in compliance with provision (B)(4) above.
   (C)   Driveways and parking for multi-unit residential, commercial, industrial, and public/institutional uses.
      (1)   Location. All off-street parking facilities required by this chapter shall be located and restricted as follows:
         (a)   Required off-street parking shall be on the same lot under the same ownership as the principal use being served, except under the provisions of division (H) below.
         (b)   A setback of ten feet from all lot lines shall be maintained, except in the following circumstances:
            1.   A shared parking arrangement has been established.
            2.   For commercial and industrial properties, the combined parking areas and drive aisles adjacent to collector or arterial street frontage shall be set back an average of 20 feet, but no less than ten feet.
            3.   Parking shall be set back a minimum of 20 feet from properties planned residential.
      (2)   Stall, aisle, and driveway design.
         (a)   Surfacing. Off-street parking, storage, and loading areas shall have a brick, concrete, or bituminous surface, and poured-in-place curb and gutter, graded and drained to dispose of all surface water. Storage areas that provide screening according to § 155.076 may be allowed an aggregate surface, but the area must have curb and gutter. Weather permitting; all surfacing should occur prior to an occupancy permit. Plans for surfacing and drainage of driveways and stalls for five or more vehicles shall be submitted to the City Engineer for review and written approval.
         (b)   Parking space size. Each parking space shall not be less than the following:
   Table 7.2 Minimum Parking Space Size
 
Parking Type
Stall Width (ft.)
Stall Depth (ft.)
Aisle Width (ft.)
Standard Parking*
9
20
N/A
Parallel Parking
9
18
12
Diagonal Parking
10
20
22
Handicap Parking
Parallel
Diagonal
 
12
12
 
18
20
 
12
22
* Stall depth may be reduced down to 18 feet where parking is adjacent to the curb and a vehicle can overhang, as approved by the City Engineer.
 
         (c)   Circulation in parking areas. Parking areas shall be designed so that circulation between parking bays or aisles occurs within the designated parking lot and does not depend upon a public street or alley. Parking area design which requires backing into the public street is prohibited.
         (d)   No driveway access shall be located less than 60 feet from the intersection of two or more street rights-of-way. This distance shall be measured from the intersection of lot lines.
         (e)   The maximum driveway width within the right-of-way for attached townhouses shall be equal to the width of the garage, up to 30 feet.
         (f)   Parking lots containing 20 or more spaces shall be landscaped according to § 155.076.
      (3)   Striping. All parking stalls shall be marked with white or yellow paint lines not less than four inches wide.
      (4)   Lighting. Any lighting used to illuminate an off-street parking area shall be so arranged as to reflect the light away from adjoining property, abutting residential uses, and public rights-of- way and be in compliance with § 155.033.
      (5)   Signs. No sign shall be so located as to restrict the sight lines and orderly operation and traffic movement within any parking lot.
      (6)   Landscaping. Grass, plantings, or surfacing material shall be provided in all locations bordering the off-street parking area, including required setback areas.
      (7)   Required screening. All open, off-street parking areas of five or more spaces shall be screened and landscaped from abutting residential districts in compliance with § 155.076.
      (8)   Maintenance. It shall be the joint and several responsibility of the lessee and owner of the principal use, uses, or building to maintain in a neat and adequate manner the parking space, accessways, striping, landscaping, and required screening.
   (D)   Driveways and parking in Agricultural Districts (A-1, AP).
      (1)   Location. All off-street parking facilities required by this chapter shall be located and restricted as follows:
         (a)   Required off-street parking shall be on the same lot under the same ownership as the principal use being served.
         (b)   All parking, driveway, and turn-around areas shall maintain a minimum setback of five feet from any property line.
         (c)   For residential properties, no more than 40% of the area of the front yard shall be covered by impervious surfaces (driveway, sidewalk, and patios).
   (E)   Parking spaces required.
      (1)   Calculating spaces.
         (a)   When determining the number of off-street parking spaces results in a fraction, each fraction of one-half or more shall constitute another space.
         (b)   In places of public assembly in which patrons or spectators occupy benches, pews, or other similar seating facilities, each 22 inches of seating facilities shall be counted as one seat for the purpose of determining requirements.
         (c)   Except as hereinafter may be provided, should a structure contain two or more types of use, each use shall be calculated separately for determining the total off-street parking spaces required.
         (d)   Except as hereinafter may be provided, the term "floor area" for the purpose of calculating the number of off-street parking spaces required shall be determined on the basis of the exterior floor area dimensions of the building, structure, or use times the number of floors, minus 10%.
      (2)   The following minimum number of off-street parking spaces shall be provided and maintained by ownership, easement and/or lease for and during the life of the respective uses hereinafter set forth. When computing total number of parking spaces required for a use, individual activities within the use shall be calculated separately and added together to arrive at the total required parking spaces for each specified use proposed.
   Table 7.3 Parking Spaces Required for Residential Uses
Use
Parking Spaces Required
Use
Parking Spaces Required
Single-unit detached dwelling, manufactured home, twinhome, or duplex
2 enclosed spaces per unit1
Dwelling, three- to four-unit
2 enclosed spaces per unit plus ½ space per unit for visitor parking1
Dwelling, attached townhouse or rowhouse
2 enclosed spaces per unit plus ½ space per unit for visitor parking1
Dwelling, apartment
1.25 space per studio or 1 bedroom unit
1.75 spaces per 2 bedroom unit
2 spaces for 3+ bedroom unit
At least 1 space per unit shall be enclosed. An additional ½ space per unit shall be provided for visitor parking.
Senior (55+) exclusive independent living
1.5 space per unit
Residential facilities (including assisted living, long-term care, transitional care, and residential care)
1 space per 3 client rooms
Hotel or motel
1.25 spaces per guest room
1   Enclosed parking spaces shall meet the following standards:
   (a)   If a single garage provides all required enclosed spaces for one unit, the garage shall be at least 440 square feet in size, with a minimum interior width of 18 feet.
   (b)   If multiple single-stall garages are used to provide all required enclosed spaces for one unit, single-stall garage be at least 220 square feet in area with a minimum interior width of 10 feet.
   (c)   Stairways, landings, and utility areas shall not count toward the minimum garage size required.
 
Table 7.4 Parking Spaces Required - Non-Residential Units
Use
Parking Spaces Required
Use
Parking Spaces Required
Adult education and training facility
1 space for each 5 students based on design capacity plus 1 space for each classroom
Adult use
1 space per 200 square feet of gross floor area
Animal-related use (commercial stable, kennel)
1 space for each 3 people in the assembly area(s) - which shall be calculated based on fixed seats (one seat equals 22 inches of bench space) or if there are no fixed seats, then the capacity of the assembly area(s) shall be calculated according to the Building Code as adopted by the city, plus parking calculated separately for additional uses such as offices, classrooms, daycares, meeting rooms and others that are used simultaneously with the main assembly area(s)
Auto repair, major or minor
1 space for each 400 square feet of gross floor area. This parking shall be in addition to repair bays
Brewpub
1 space per 200 square feet of gross floor area
Clinic
6 spaces per doctor/dentist/therapist, plus 1 space per 200 square feet of floor area
Commercial center
1 space for each 200 square feet of gross floor area. If more than 50% of the building is a restaurant use, the square footage must be calculated as individual uses
Commercial recreation - outdoor
50 spaces per field or sports court plus 1 space per 3 fixed seats for spectator area
Day care center
1 space per classroom, plus additional spaces necessary to accommodate the parking of vans and buses used for client transport by the center and 1 off-street loading space per 5 children
Government administrative or service use
1 space for each 200 square feet of gross floor area
Hospital
1 space for every 400 square feet of gross floor area
Laboratory, research, and/or development facility
1 space for each 200 square feet of gross floor area
Manufacturing
1 space for each 500 square feet of gross floor area, plus 1 space for each company-owned truck (if not stored inside principal building)
Microbrewery & taproom
1 space for each 150 square feet of gross floor area
Off-site service business
1 space for each 200 square feet of office space plus 1 space for each company-owned truck stored outdoors
Pawn shop
1 space for each 200 square feet of gross floor area
Pet store
1 space for each 200 square feet of gross floor area
Pre school
1 space per 3 children of licensed capacity of the facility
Professional office/services
3 space plus at least 1 space for each 200 square feet of floor area
Restaurant
1 space for each 15 square feet of counter area, 1 space for each 40 square feet of sit-down dining area, and 1 space for each 80 square feet of kitchen area
Retail mixed use
Uses calculated separately
Retail nursery, greenhouse, or tree farm
1 space for each 200 square feet of retail area
Retail sales and service business with 50% or more of gross floor area devoted to storage and/or warehouses
1 space for each 200 square feet of retail area plus 1 space for each 500 square feet of storage area
Retail sales and service, standalone store
1 space for each 200 square feet of gross floor area
School
K-8: 1 space for each classroom plus 1 additional space for each 50 student capacity, in addition to other uses which shall be calculated separately
9-college and private schools without bussing: 1 space for each 5 students based on design capacity plus 1 space for each classroom, in addition to other uses which shall be calculated separately
Self-storage facility
1 space per 1,000 square feet of storage space
Vehicle fuel, service, or wash
4 spaces plus 2 space for each service stall
Car washes shall provide at least 5 space per each wash stand
Vehicle sales and rental
1 space for each 40 0square feet of gross floor area
Veterinary clinic
3 spaces plus at least 1 space for each 200 square feet of floor area
Warehousing - non explosive materials/equipment
1 space for each 2,000 square feet of gross floor area
Wholesale trade establishment
1 space for each 1,250 square feet of gross floor area
 
      (3)   Conversion of parking spaces. No building permit shall be issued to convert any parking structure or space into a dwelling unit or living area or other activity until other adequate provisions are made to comply with the required off-street parking provisions of this section.
   (F)   Proof of parking. If it is clearly demonstrated by the owner that the required parking is in excess of the actual demand, and the City Council approves, all of the required parking need not be initially constructed. The remainder of the parking spaces not initially needed, as shown on the site plan, are to be constructed by the owner when the city determines that the additional parking spaces are needed. The area of future parking must be sodded and kept free of buildings, shrubs and trees.
   (G)   Joint facilities. The City Council may allow for one or more uses to provide the required off-street parking facilities by joint use of one or more sites where the total number of spaces provided is less than the sum of the total required for each use should they provide them separately.
      (1)   When considering a request for such a permit, the Council shall not approve such a permit except when the following conditions are found to exist:
         (a)   The building or use for which application is being made to utilize the off- street parking facilities provided by another building or use shall be located within 300 feet of such parking facilities.
         (b)   The applicant shall show that there is no substantial conflict in the principal operating hours of the two buildings or uses for which joint use of off-street parking facilities is proposed.
         (c)   A properly drawn legal instrument, executed by the parties concerned for joint use of off-street parking facilities, duly approved as to form and manner of execution by the City Attorney, shall be filed with the City Administrator and recorded with the County Recorder's Office.
      (2)   The setback for a joint off-street parking facility may be reduced to zero if immediately adjacent to the shared lot line.
   (H)   Off-site parking.
      (1)   Any off-site parking which is used to meet the requirements of this chapter shall be a conditional use as regulated by § 155.094 and shall be subject to the conditions listed below.
      (2)   Off-site parking shall be developed and maintained in compliance with all requirements and standards of this chapter.
      (3)   Reasonable public access from off-site parking facilities to the use being served shall be provided.
      (4)   The site used for meeting the off-site parking requirements of this chapter shall be under the same control as the principal use being served or under public ownership. Any use which depends upon off-site parking to meet the requirements of this chapter shall maintain ownership or leasehold control and parking utilization of the off-site location until such time as on-site parking is provided or a site in closer proximity to the principal use is acquired and developed for parking.
      (5)   Off-site parking for non-residential uses shall not be located more than 300 feet from the main entrance of the principal use being served. No more than one main entrance shall be recognized for each principal building.
   (I)   Loading.
      (1)   Off-street loading required. Any structure erected or substantially altered for a use which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles shall provide off-street loading space as required for a new structure.
      (2)   Number of loading areas required. The number of required off-street loading areas shall be as follows:
         (a)   Non-residential buildings and uses, except when located in any residential or public-institutional zoning district: For each building one loading area and one additional area for each additional 10,000 square feet of gross floor area or fraction thereof is required.
      (3)   Size. Unless otherwise specified in this chapter, the first loading area shall be not less than 70 feet in length and additional berths required shall be not less than 30 feet in length and all loading berths shall be not less than ten feet in width and 14 feet in height, exclusive of aisle and maneuvering space. Variation to this standard may be allowed based on, but not limited to, documented evidence of need, site character, structure use, lot size, etc.
      (4)   Location.
         (a)   All required loading areas shall be off-street and located on the same lot as the building or use to be served.
         (b)   All loading area curb cuts shall be located at a minimum of 50 feet from the intersection of two or more street rights- of-way. This distance shall be measured from the property line.
         (c)   Unless otherwise approved by the city, loading docks serving commercial or industrial buildings shall not be located on the same side and be visible from principal roads, collector roads or residentially zoned properties. For buildings with visibility on two or more sides, the loading dock areas shall not be placed adjacent to the highest classification road.
         (d)   No loading berth shall be located closer than 30 feet to a residential district unless within a structure.
      (5)   Surfacing. All loading areas and accessways shall have a brick, concrete, or bituminous surface graded and drained to dispose of all surface water.
      (6)   Screening. All loading areas shall be screened and landscaped from abutting and surrounding residential uses in compliance with § 155.076.
      (7)   Accessory use, parking, and storage. Any space allocated as a required loading berth or access drive so as to comply with the terms of these zoning regulations shall not be included as part of the space requirements to meet the off-street parking area.
(Ord. 2402, passed 12-10-24)

§ 155.075 FENCES.

   (A)   General requirements.
      (1)   Building permits are not required to construct fences if six feet or less in height.
      (2)   Fences shall be located entirely upon the private property of the owner for whom the fence is constructed. The city may require the owner of the property with an existing fence to establish the boundary line of his or her property by a survey.
      (3)   Fencing materials.
         (a)   All fences shall be constructed of steel or wood posts properly supported and braced by top rails that shall be located on the inside of the fenced enclosure.
         (b)   Fences shall be constructed of cut lumber, brick, fieldstone, wrought iron, maintenance free PVC (Poly Vinyl Chloride), chain link (with a minimum thickness of gauge 11 and a required top rail support), stockade, board-on-board wood, or similar materials. Temporary mesh fencing shall not be permitted.
         (c)   No fence shall be constructed of used or discarded materials in disrepair, including, but not limited to, pallets, tree trunks, trash, tires, junk or other similar items. Materials not specifically manufactured for fencing, such as railroad ties, wooden doors, landscape timbers or utility poles shall not be used for, or in the construction of a fence.
         (d)   Except as specified in division (C) below, all wire fences, including barbed wire fences, electrical fences, and chicken and hog wire fences, shall only be permitted in the A-1 District when related to farming or hobby farms, and on farms in other districts when related to farming, but not as boundary line fences.
      (4)   Every fence shall be maintained on both sides in a condition of good repair and shall not be allowed to become or remain in a condition of disrepair or danger or constitute a nuisance, public or private. Any fence which is or has become dangerous to the city health and welfare is a public nuisance, and the city may commence proper proceedings for the abatement thereof.
      (5)   The most aesthetic or appealing side of the fence must face the adjacent properties in all districts.
      (6)   Swimming pool fences shall comply with additional regulations set forth in § 155.067(Q).
   (B)   Fencing for residential and public/institutional uses. For fencing on lots with residential or public/institutional uses, the following restrictions shall apply:
      (1)   Except as provided herein, fences outside the buildable area of a lot may not exceed six feet in height.
      (2)   Except as provided herein, fences within the buildable area of a lot may not exceed eight feet in height.
      (3)   No fence may extend closer to the street than the principal building, except as follows:
         (a)   Decorative fencing is allowed in the required front yard if not designed or serving as an enclosure and subject to the requirements of § 155.072. Decorative fencing includes such things as split rail, picket, and wrought iron fences, but not such things as chain link fences. The allowed height for a decorative fence in the front yard is three and one-half feet (42 inches), at its tallest point.
         (b)   A fence may be erected upon any portion of a corner side lot line. This fence may not extend beyond the front of the principal building.
         (c)   Fences for athletic and recreational fields and playground areas in the Public-Institutional District.
   (C)   Fencing for business and industrial uses.
      (1)   Fencing for business or industrial uses may be erected up to eight feet in height. Fences in excess of eight feet shall require a conditional use permit. In no case shall a fence exceed 12 feet.
      (2)   Fences may be erected in the side and rear yard. Fences in the front yard shall follow the principal building setback requirements for their respective districts. Fences may be erected within a corner side yard so long as the fence does not extend beyond the front of the principal building.
      (3)   Property owners in the Crow River Industrial Park, Quam Area Industrial Park, and Oakwood Parkway Industrial Area may submit a security fence site plan to the Zoning Administrator proposing fencing taller than those permitted by this section or proposing the use of barbed wire atop a fence for security reasons. The Zoning Administrator may approve the site security fencing plan and its proposed exemption of fences from the standards of the section, upon making the nding described in division (3)(a) below and imposing the requirements set forth in division (3)(b) below.
         (a)   Fence height exemption for security or safety reasons. The condition, location, or use of the property or the history of activity in the area, indicates the land or any materials stored or used on it are in significantly greater danger of theft or damage than surrounding land, or represent a significant hazard to public safety without a taller fence or the use of barbed wire atop a fence.
         (b)   Security fences with barbed wire atop must meet the following conditions:
            1.   Shall be a minimum of six feet in height (measured without the security arm).
            2.   The security arm shall be angled in such a manner that it extends only over the property of the permit holder and does not endanger the public.
            3.   Increased landscaping shall be installed to screen the fence to lessen any potential adverse effect on the appearance or value of adjacent properties.
   (D)   Special purpose fences and fences differing from standards.
      (1)   Fences for special purposes and fences differing in construction, height, or length may be permitted in any district in the city by written approval of the Zoning Administrator. Findings shall be made that the fence is necessary to protect, buffer, or improve the premises for which the fence is intended and shall not negatively impact adjacent properties.
      (2)   Chain link fences (without slat screens) used for the enclosure of tennis courts or other such recreational purposes shall not exceed ten feet in height and shall be located in a rear yard only.
(Ord. 2402, passed 12-0-24)

§ 155.076 LANDSCAPING AND SCREENING.

   (A)   Landscaping required.
      (1)   All open areas of a lot shall be landscaped with a combination of deciduous trees, ornamental trees, coniferous trees, shrubs, owers, ground cover materials, and other site design features to ensure soil stabilization (see § 91.38 of city code). This requirement shall not apply to undisturbed areas retained in a natural state.
      (2)   Single-unit detached, twinhome, and duplex residential lots shall maintain vegetation in the city's right-of-way and within five feet of the perimeter of the property. This requirement shall not include areas where the required driveway access is located and a three-foot wide strip of land adjacent to the driveway.
   (B)   Landscaping plan. A landscaping plan prepared by a licensed landscape architect or other qualified professional licensed by the State of Minnesota shall be submitted at the time of site plan/preliminary plat review for any:
      (1)   New development or new building construction. Construction of individual single-unit, twinhome, or duplex dwellings shall not require a landscaping plan.
      (2)   Modification or expansion of a building or improvements to a site, and/or when there is a change in land use. Landscaping requirements shall be applied to those portions of the site that are directly affected by the proposed improvements, or change in land use, as determined by the Zoning Administrator. In all cases, appropriate screening and buffering shall be provided for the entire site.
   (C)   No building permit for any construction shall be issued until a landscape plan is approved and a security is obtained by the city. Guidelines for the security are found in division (D)(11) below.
   (D)   Design standards and guidelines. Landscaping for all lots shall be designed to meet the following standards:
      (1)   Number of trees. The minimum number of deciduous and coniferous trees on any given site shall be as indicated below. These are the minimum substantial plantings, in addition to other ornamental trees, shrubs, owers, and ground cover deemed appropriate for a complete quality landscape treatment of the site.
         (a)   Single-unit detached, twinhome, and duplex dwellings.
            1.   Lot width 65 feet or greater. Lots 65 feet in width or greater shall contain two or more trees with four inches of combined diameter in the front yard. Each tree must be at least one inch in diameter and at least one of the trees must be a deciduous tree.
            2.   Lot width less than 65 feet. Lots less than 65 feet in width shall contain trees with four inches of combined diameter. A minimum of one deciduous tree at least one and a half inches in diameter shall be located in the front yard.
            3.   Coniferous equivalent. A coniferous tree at least five feet in height shall be deemed equivalent to two inches of tree diameter.
            4.   Tree location exception. The Zoning Administrator may authorize the placement of some of the required trees within the side or rear yard if the Zoning Administrator determines that due to the shape of the lot there are unique circumstances.
         (b)   All other uses.
            1.   A minimum one tree per 40 lineal feet of site perimeter shall be installed.
            2.   All structures must have foundation plantings consisting of shrubs, perennials, and/or native grasses. All additions, expansions, or additional structures shall require a minimum of two shrubs per 1,000 square feet of new construction.
      (2)   Existing trees.
         (a)   A reasonable attempt shall be made to preserve as many existing trees as practical and to incorporate them into the site plan. Sites containing existing significant trees which will be retained may be utilized to satisfy landscaping requirements.
         (b)   As a condition of subdivision approval or the issuance of grading or building permit, the city may require the applicant to replace any significant trees which are damaged or destroyed as a result of development or construction activities. Significant trees that are damaged or destroyed shall be replaced by at least two trees meeting the minimum planting requirements according to the tree preservation regulations in City Code Chapter 94.
      (3)   Minimum plant size.
         (a)   All multi-unit residential, commercial, industrial, public/institutional, and association-maintained residential landscaping materials shall conform to the following minimum size requirements:
            1.   Deciduous trees: 2½ inch diameter, as measured six inches above the ground.
            2.   Ornamental trees: 1½ inch diameter, as measured six inches above the ground.
            3.   Coniferous trees: six feet.
            4.   Tall shrubs or hedge: three feet.
            5.   Low shrubs: five gallon.
         (b)   All single-unit residential dwellings shall provide landscaping according to division (D)(1)(a) above.
      (4)   Species.
         (a)   All trees and plantings used in site developments shall be indigenous to the appropriate hardiness zone and physical characteristics of the site.
         (b)   All deciduous trees proposed to satisfy the minimum requirements of this policy shall be long-lived hardwood species.
         (c)   The diversity of landscape tree species shall meet the following requirements:
            1.   Trees required on lots containing single-unit, twinhome, and duplex dwellings shall not all be of the same genus.
            2.   For all other lots:
               a.   Each of the first three trees planted on a site must be of a different genus.
               b.   When 20 or more trees are required on a site or within a development, no more than 20% of all trees shall be of the same genus.
         (d)   The complement of trees fulfilling the requirements of this section shall be not less than 25% deciduous and not less than 25% coniferous. Single-unit, twinhome, and duplex residential development is exempt from this requirement.
         (e)   No required tree shall be any of the following:
            1.   A species of the genus Ulmus (elm), except those elms bred to be immune to Dutch Elm disease;
            2.   Box Elder;
            3.   A species of the genus Populous (poplar) except when counted as an under-story tree;
            4.   Female ginko;
            5.   Ash;
            6.   Any noxious or invasive tree species, including those identified on the Minnesota Department of Agriculture's Eradicate, Control, or Restricted Lists.
      (5)   Planting time specified. Trees must be planted within the front yard within 120 days after the city has issued a Certificate of Occupancy or within 15 months of the issuance of the building permit, whichever comes first. The counting of the 120 days shall be tolled during the time between October 1 and May 1 but said count shall be resumed after May 1.
      (6)   Ground cover. All front (including boulevards), side, or rear yards facing a right-of-way shall be sodded with the following exceptions:
         (a)   Single-unit, twinhome, or duplex residential lots are not required to sod, but turf must be established within 120 days after the city has issued a Certificate of Occupancy or within 15 months of the issuance of the building permit, whichever comes first. The counting of the 120 days shall be tolled during the time between October 1 and May 1, but said count shall be resumed after May 1. All silt fence or hay bale erosion controls must be maintained until turf is established. A financial security in an amount determined by the city will be required if turf is not established within the front yard (including to the rear of the structure abutting the street on a corner lot) prior to occupancy.
         (b)   All other zoning districts may seed their lots when the city determines sod is not practical or desirable such as, but not limited to, campus areas of schools, recreational playfields, open space, sites that are rough graded, and areas that cannot be developed (such as those in a power line easement).
         (c)   Seeding of future expansion areas as shown on approved plans.
         (d)   Installation of a managed natural landscape in accordance with M.S. § 412.925 shall be permitted.
         (e)   Undisturbed areas containing existing viable natural vegetation which can be maintained free of foreign and noxious plant materials.
         (f)   Areas designated as open space or future expansion areas properly planted and maintained with prairie grass or other native vegetation.
      (7)   Building ground cover. Except for lots containing single-unit, twinhome, and duplex dwellings, a minimum five-foot strip from the building edge must be treated with decorative ground cover and/or foundation plantings, except for garage/loading and pedestrian access areas.
      (8)   Softening of walls and fences. Plants shall be placed intermittently against long expanses of building walls, fences, and other barriers to create a softening effect. Plantings shall also be proportionate to the height of the building. Additional depth along buildings may be required to accommodate this landscaping.
      (9)   Parking lots/planting islands.
         (a)   All parking lots designed with more than two rows shall provide landscaping areas dispersed throughout the interior and perimeter of the parking lot in order to avoid the undesirable monotony, heat, and wind associated with large parking areas.
            1.   A minimum area equal to 15% of the parking and driveway surface area shall be designed with either landscaping islands or divider medians between opposing rows of parking. Where the city determines as part of the site plan review that due to the unique characteristics of the site or operation of the principal use, the parking lot design cannot reasonably accommodate curb islands or divider medians, plant materials may be moved to the perimeter of the parking lot.
               a.   Any landscape island shall not be less than 324 square feet in area and eight feet in width to support plant health.
               b.   Any divider median shall be at least eight feet in width and extend the full length of the parking stalls.
            2.   Deciduous trees shall be planted around the perimeter of the parking lot or within the landscape islands or divider medians at a minimum rate of one tree per 24 parking stalls.
               a.   Trees shall be set back a minimum of eight feet from curbs and/or pavement when located on the perimeter of a parking area.
               b.   Trees shall be centrally located within a landscape island or divider median.
               c.   Each deciduous tree shall be planted with at least 750 cubic feet of soil that includes between two and four feet of uncompacted topsoil depth to support a tree at 25 years of life. When there are multiple trees within a single island or median, an additional 375 cubic feet of soil is required for each additional tree.
            3.   Ornamental trees, shrubs, hedges and other plant materials may be used to supplement the deciduous trees, but shall not be the sole contribution to such landscaping.
      (10)   Irrigation system. In order to provide for adequate maintenance of landscaped areas, an underground sprinkler system shall be provided as part of each new development. The exceptions to this are single-unit, twinhome, and duplex dwellings and additions to existing structures equal to less than 25% of the square feet of the existing structure.
      (11)   Landscape guarantee.
         (a)   All new trees and plant materials shall be guaranteed by the developer, contractor, or builder for 12 months from the time all planting has been completed and a certificate of occupancy has been issued. All plants shall be alive, of good quality, with no signs of stress, and disease free at the end of the warranty period or they shall be replaced. Any replacements shall be warranted for 12 months from the time of replacement.
         (b)   Landscaping required by this chapter shall be maintained for the life of the principal use. Damaged, diseased, or dead landscape materials shall be replaced so that the requirements of this chapter are met at all times. This requirement shall run with the land and be binding upon all future property owners.
   (E)   Collector road landscaping. The following requirements shall apply to all lots abutting collector roads and the ground area within the street right-of-way:
      (1)   The abutting property owner shall be responsible for improving and maintaining the ground surface of the boulevard with turf or other plant material and trees.
      (2)   Trees shall be provided, on average, 40 feet apart adjacent to roadways with curb and gutter.
      (3)   A variety of deciduous species shall be included in the planting plan for a specific development.
   (F)   Screening and buffering.
      (1)   Applicability.
         (a)   Where any new business, industrial, or institutional use abuts property zoned or guided for residential use, that business or industry shall provide screening along the boundary of the residential property.
         (b)   Screening shall also be provided where a business or industry is across the street from a residential zone, except on the side of a business or industry determined to be the front by the Zoning Administrator.
         (c)   For all multi-unit residential, commercial, industrial, and institutional uses, the following site elements shall be screened with landscaping or materials compatible with the design elements, materials, and colors used elsewhere on the site:
            1.   Open, non-residential off-street parking areas with five or more spaces shall be screened from abutting residential districts.
            2.   Loading areas for non-residential properties shall be screened from abutting residential districts and from street view.
            3.   All mechanical equipment and utility functions (such as, electrical transformers, HVAC equipment, solar panels, and generators) visible from the primary street or that is elevated more than 18 inches above grade.
            4.   Refuse and recycling containers shall be screened on all sides on lots containing multi-unit residential and non-residential uses.
            5.   Outdoor storage areas except for:
               a.   Merchandise being displayed for sale;
               b.   Materials and equipment currently being used for construction on the premises; and
               c.   Merchandise located on service station pump islands.
      (2)   Materials. Screening shall consist of the following elements or a combination of those elements so as to block direct visual access to a structure or use to a minimum height of six feet:
         (a)   A green planting strip a minimum of 20 feet wide including deciduous trees, coniferous trees, and shrubs.
         (b)   A solid wall or fence constructed of masonry, brick, wood, or steel which is compatible with surrounding structures and buildings.
         (c)   Hedge with year-round foliage;
         (d)   Landscaped berm with year-round foliage. Berms shall not be used to achieve more than three feet of the required screen. In no situation shall berms be used as the sole means of screening.
         (e)   The landscaping, berming, and fencing materials shall be subject to the approval of the City Council. The landowner shall demonstrate how the proposed plan will provide the desired screening effect.
(Ord. 2402, passed 12-10-24)

§ 155.077 LIGHTING.

   (A)   General provisions.
      (1)   Lighting shall not create a hazard for vehicular or pedestrian traffic.
      (2)   All exterior lighting shall be designed and arranged to direct illumination away from contiguous residential district property. No exterior light source on a nonresidential property shall be visible from any permitted residential use.
      (3)   Lighting shall not directly or indirectly cause illumination or glare in excess of one-half foot- candle measured at the nonresidential property line, except for lighting at driveways to the public street.
      (4)   The maximum height above the ground grade permitted for poles, fixtures, and light sources mounted on a pole is 25 feet.
   (B)   Exceptions.
      (1)   The uses below shall be exempt from the provisions of this section:
         (a)   Publicly controlled or maintained street lighting and warning, emergency, or traffic signals;
         (b)   Lighting required by federal, state, county, or city ordinances and regulations;
         (c)   Lighting for public monuments, statues, flagpoles, or other similar elements, provided that any spotlight used for this purpose is shielded from adjacent properties;
         (d)   Lighting specified or identified in a conditional or interim use permit;
         (e)   Temporary outdoor lighting used for civic events, performance areas, outdoor events, or construction sites;
         (f)   Lighting for public outdoor recreation uses; and
         (g)   Solar landscape lights.
(Ord. 2402, passed 12-10-24)

§ 155.078 GRADING, MINING, EXCAVATION AND EARTHWORK CONSTRUCTION.

   (A)   Purpose. The purpose of this section is to safeguard life, limb, property, and the public welfare by controlling grading, mining, and filling operations so as to minimize conflicts with adjacent land uses, to preserve good soils and to regulate the type of materials used in filling operations, and to ensure that disturbed areas are restored upon completion of the operation.
   (B)   Scope. This section sets forth rules and regulations to control grading, mining, excavation, and earthwork construction including fills and embankments, establish the administrative procedure for issuance of permits, and provide for approval of plans and inspection of grading construction.
   (C)   Exceptions. This section shall not apply to:
      (1)   The excavation, removal, or storage of rock, sand, dirt, gravel, clay, black dirt, peat, or other like material for the purpose of compliance with a grading plan approved as part of a subdivision plat, site plan, or planned unit development, if the plat, site plan, or planned unit development does not require the exporting or importing of earth material and a letter of credit or other security has been posted before the excavation takes place;
      (2)   The excavation for the purpose of the yard, foundation, or basement of a building in the process of being erected, built, or placed thereon contemporaneously with, or immediately following, such excavation, removal, or storage and a building permit has been issued;
      (3)   The excavation, removal, or storage of rock, sand, dirt, gravel, clay, black dirt, peat, or other like material by a public agency incidental to the construction or maintenance of streets or utilities;
      (4)   Grading of individual residential lots by less than 250 cubic yards of earth material or less than 100 square feet of surface area in a calendar year.
   (D)   Permit required. Except as otherwise provided in this section, it shall be unlawful for anyone to mine or excavate as defined herein without having first obtained a written permit from the city authorizing the same in accordance with this section. Current permit holders shall come into compliance with the terms of this section no later than the time their annual permit is renewed or within a maximum of 180 days.
   (E)   Applications for permits; procedures; contents of applications.
      (1)   An application for a mining or excavation permit shall be administered in accordance with requirements specified in this chapter, § 155.043 Uses and § 155.095 Interim Use Permits.
      (2)   An application for a mining or excavation permit shall contain:
         (a)   The names and addresses of the applicant, operator, and owner of the site.
         (b)   The purpose for which the permit is sought.
         (c)   The exact legal description and acreage of the property to be graded, mined, or filled.
         (d)   The following maps of the entire site including all areas within 350 feet of the site. All maps shall be drawn at a scale of one inch to 100 feet unless otherwise stated below:
            1.   Map 1 - Existing Site Conditions, to include:
               a.   Contour map (two foot intervals);
               b.   Existing vegetation;
               c.   Existing drainage and permanent water areas;
               d.   Existing structures;
               e.   Existing wells;
               f.   Water table elevations.
            2.   Map 2 - Proposed Operations, to include:
               a.   Location of sites to be graded, mined, or filled showing elevations of each stage of proposed operations;
               b.   Location of storage of mined materials showing maximum height of storage deposits;
               c.   Location of vehicle parking, and access roads;
               d.   Location and description of erosion and sediment control structures;
               e.   Location of any proposed dewatering operations.
            3.   Map 3 - End Use Plan, to include:
               a.   Final grade of proposed site showing elevations and contour lines at two foot intervals;
               b.   Location and species of vegetation to be planted;
               c.   Phasing plan;
               d.   Storm water drainage plan.
            4.   Map 4 - Hauling Roads, to include:
               a.   Location of designated hauling roads from the site to a state or federal highway.
            5.   A soil erosion and sediment control plan.
            6.   A plan for dust and noise control.
            7.   A full and adequate description of all phases of the proposed operation including an estimate of duration of the grading, mining, or filling operation, the location, and the approximate acreage of each stage and a schedule for restoration.
            8.   A rehabilitation or restoration plan providing for the orderly and continuing rehabilitation of all excavated land. Such plan shall illustrate, using appropriate photographs, maps, and surveys drawn to a scale of one inch equals 100 feet and with a two-foot contour interval satisfactory to the Engineer, the following:
               a.   The final or planned contours of the land when the mineral removal operations are completed;
               b.   Those areas of the site that will be used for storage of topsoil and overburden; and
               c.   The elevation and location of all water bodies.
            9.   The location of any existing wells and the size and depth thereof located on the site.
            10.   The location and description of any proposed dewatering operations.
            11.   An analysis of the earth material to be used in the filling, which analysis shall include the following; the analysis as required herein shall be certified by a qualified testing laboratory:
               a.   pH content;
               b.   Organic material content; and
               c.   Determination of the presence or lack of hazardous substances as defined by the Minnesota Pollution Control Agency.
            12.   Any other information requested by the City Staff, Planning Commission, or City Council.
   (F)   Insurance. The applicant shall file with the city a liability insurance policy or certificate of such insurance acceptable to the city and issued by an insurance company authorized to do business in the state.
      (1)   The insurance policy shall insure the operator performing acts described herein for the sum of at least $500,000 for injury to one person and $1,000,000 for one accident and at least $500,000 property damage.
      (2)   The insurance policy shall be for the full period of the permit and shall provide for the giving of ten-days prior notice to the City Administrator by registered mail of termination, cancellation, or amendment of the policy.
      (3)   In the event said policy is terminated for any reason, the permit shall be automatically suspended upon the day the policy terminates, unless a new policy complying with this section is obtained and filed with the City Administrator prior to the termination of the policy in force.
   (G)   Review and approval of overall plan; function of renewable annual permits.
      (1)   The City Council shall review the permit application and shall approve the permit if it is in compliance with this section, this chapter, and other applicable laws, ordinances, code provisions, and regulations. The City Council may attach conditions to the permit approval to promote safety and prevent nuisance conditions. The rehabilitation plan shall only be approved if it is consistent with the uses allowed in the City's Comprehensive Plan and this chapter.
      (2)   Implementation of the overall plan shall be by means of renewable annual permit. The purpose of the renewable permit is to assure compliance with the longer-range overall plan and to retain the ability to modify existing or to attach new conditions in accord with changing characteristics of the site or its surroundings. The City Council, after consultation with appropriate city staff, may issue renewal licenses upon satisfactory proof of compliance with this chapter.
   (H)   Termination of permit.
      (1)   The material extraction permit may be terminated for violation of this section or any conditions of the permit. No permit may be terminated until the City Council has held a public hearing to determine whether the permit shall be terminated, at which time the operator shall be afforded an opportunity to contest the termination. The City Council may establish certain conditions which, if not complied with, will result in immediate suspension of operations until the public hearing to consider termination of the permit can be held.
      (2)   It shall be unlawful to conduct mineral extraction or excavation after a permit has been terminated.
   (I)   Annual permits; renewal; conditions.
      (1)   Request for renewal of an annual permit shall be made 60 days prior to the expiration date. If application or renewal is not made within the required time, all operations shall be terminated and reinstatement of the permit may be granted only upon compliance with the procedures set forth in this section for an original application.
      (2)   A permit may be approved or renewed subject to compliance with conditions in addition to those set forth in this section when such conditions are reasonable and necessary to ensure compliance with the requirements and purpose of this section. When such conditions are established, they shall be set forth specifically in the permit. Conditions may, among other matters, limit the size, kind, or character of the proposed operation, require the construction of structures, require the staging of extraction over a time period, require the alteration of the site design to ensure compliance with the standards, require the provision of a performance bond by the operator to ensure compliance with these regulations in this chapter, or other similar requirements.
   (J)   Fees. A schedule of fees for the examination and approval of applications for permits under this section and the inspection of operations for compliance with the conditions of this section and the permit shall be determined by resolution of the City Council, which may, from time to time, change the schedule. Prior to the approval and issuance or renewal of any permit under this section, the fees shall be paid to the city and deposited to the credit of the General Fund.
   (K)   Performance bond or irrevocable letter of credit. Prior to commencing any grading, mining, or filling operation, a performance bond, cash escrow, or irrevocable letter of credit, in such form and amounts as the city may require, shall be deposited with the city. The amount of this deposit shall vary according to the scope and duration of the project and shall be established by the City Council. This deposit may be used by the City Council to: pay for the cost and expense of repairing any public rights-of-way due to the grading, mining, or filling operation; pay for the costs associated in administering the requirements of this section; and pay for any restoration of the site not properly restored upon completion. This security shall be used by the city only in the event that the permit holder fails to pay bills submitted for costs incurred by the city.
   (L)   Issuance of permit imposes no liability on city and relieves the permittee of no responsibilities, etc.
      (1)   Neither the issuance of a permit under this section nor compliance with the conditions thereof or with the provisions of this section shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of any permit under this section serve to impose any liability on the city or its officers or employees for any injury or damage to persons or property. A permit issued pursuant to this section does not relieve the permittee of the responsibility of securing and complying with any other permit which may be required by any other law, ordinance, code provision, or regulation.
      (2)   As a condition of this permit, the permittee agrees to allow the City Council or any of its staff members to trespass for the purpose of inspecting the mining operation at all times. In addition, the permittee grants the city or its representative the right to trespass on the site to complete the restoration in the event that the permittee fails to do so.
   (M)   Performance standards.
      (1)   General provisions.
         (a)   Vegetation removal. Weeds and other unsightly or noxious vegetation shall be cut or trimmed as may be necessary to preserve a reasonably neat appearance of the site and to minimize seeding on adjacent property.
         (b)   Equipment maintenance and use; rubbish removal. All equipment used for grading, mining, or filling operations shall be maintained and operated in such a manner as to minimize, as far as practicable, noises, dust, and vibrations adversely affecting surrounding properties. In addition, all machinery shall be kept in good repair and painted regularly. Abandoned machinery and rubbish shall be removed from the site regularly.
         (c)   Noise, safety, and dust concerns. All hauling operations shall be complete so as to minimize noise, safety, and dust concerns to adjacent residential properties.
         (d)   Safeguarding from refuse deposit. All grading, mining, and filling sites shall be properly safeguarded to prevent the general public from depositing garbage or other refuse in the site.
         (e)   Structure, equipment, and trailer removal. All structures, trailers, or equipment that has not been actively used in the mining operation for eight months shall be removed from the site.
         (f)   Structure and trailer maintenance. All structures or trailers used for the mining and grading operation shall be maintained in accordance with acceptable industry standards.
         (g)   Vegetation preservation. Existing tree and ground cover shall be preserved to the extent feasible, and maintained and supplemented by selective cutting, transplanting, and replanting of trees, shrubs, and other ground cover along all setback areas.
      (2)   Water resources.
         (a)   The grading, mining, or filling operation shall be conducted in such a manner as to minimize interference with the surface water drainage outside of the boundaries of the site.
         (b)   No grading, mining, or filling operations shall occur below an elevation of six feet above the elevation of the water table on the site.
      (3)   Safety fencing.
         (a)   Safety fencing may be required around all or portions of the site at the discretion of the City Council.
         (b)   Fencing may be ordered by the City Council or City Engineer any time the permit is in force and shall be installed with 24 hours of written notice.
      (4)   Access roads. The location of the intersection of mining, grading, or filling access roads with any public roads shall be selected such that traffic on the access roads or streets shall be maintained in order to minimize dust considerations.
      (5)   Haul roads. Haul roads for new mining operations which commence operation after the adoption of this section shall be nine-ton roads only, as defined by city standards. Haul roads for existing mining and excavation in existence at the time this section is adopted shall be officially designated and approved by the city. For an existing mining operation that is not a nine-ton road, the operator shall comply with seasonal weight restrictions when using the designated haul road.
      (6)   Fill materials. An analysis of all fill materials must be provided to and approved by the City Engineer prior to commencing any filling activities. No filling materials shall be permitted which, in the opinion of the City Engineer, would be undevelopable or create substandard soils.
      (7)   Screening barrier. To minimize problems of dust and noise and to shield site operations from public view, a screening barrier may be required at the city's discretion between the site and adjacent properties. A screening barrier may also be required between the site and any public roads located within 500 feet of any grading, mining, or filling operations. The screening barrier shall be planted with a species of fast-growing trees, and where practical, stockpiles of overburden materials shall be used to screen the operation site.
      (8)   Slopes. The maximum permitted slope for any grading, mining, or filling operation other than the working face shall be sloped on all sides at a maximum ratio of two foot horizontal to one foot vertical, unless a steeper slope shall be approved by the City Engineer. In no case shall the slope of the working face of the operation be left unattended with a slope greater than two feet horizontal to one foot vertical. Where excavations are adjacent to a public roadway or other right-of-way, the excavation shall have a maximum four to one slope. Slopes adjacent to or contiguous to bodies of water shall be sloped at a maximum of six to one.
      (9)   Setback.
         (a)   A grading, mining, or filling operation shall not be conducted closer than 30 feet to the right-of-way line of any existing or platted street, road, or highway, except that excavating may be conducted within such limits in order to reduce or raise the elevation thereof in conformity to the existing or platted streets, road, or highway.
         (b)   Processing of minerals shall not be conducted closer than 100 feet to the property line nor closer than 500 feet to any residential or commercial structures located prior to commencement of processing operations without the written consent of all owners and residents of the structures. Mining operations shall not be conducted closer than 30 feet to the boundary of any zone where such operations are not permitted, nor shall production or processing be conducted closer than 30 feet to the boundary of an adjoining property line, unless the written consent of the owner in fee of such adjoining property is first secured in writing.
         (c)   No excavation or digging shall be made beyond the limits for which the particular permit is granted and in no case shall any excavation or digging be made within 30 feet of any adjoining road right-of-way or structure as may be in the area without obtaining specific approval by the City Council.
      (10)   Stockpiling. Where practical, stockpiles of overburden shall be used to screen the extraction. Stockpiles of either overburden or mined material shall be limited to 22 feet in height. Removal or sale of the overburden shall not be allowed until the entire site has been restored. Also, the stockpiling of foreign material will not be allowed under the mining permit. Only mined or extracted material from the site may be stockpiled.
      (11)   Earth material. No earth material shall be imported to or exported from the site until the haul road has been officially designated as a haul road by the city and all materials hauled from the source shall be hauled over that road. The haul road designation process shall be pursuant to Section 2051.3 of the Minnesota Department of Transportation's Standard Specifications for Construction, 1988 Edition.
      (12)   Nuisances. All reasonable means shall be employed by the applicant to reduce dust, noise, and nuisances.
      (13)   Noise. The maximum noise level at the perimeter of the site shall be within the limits set by the Minnesota Pollution Control Agency and the Environmental Protection Agency of the United States.
      (14)   Hours. All mining operations shall be conducted between 7:00 a.m. and 7:00 p.m. on weekdays only, unless otherwise specifically approved by the City Engineer or his or her agent.
      (15)   Dust. Operators shall utilize all practical means to reduce the amount of dust caused by the operation. In no case shall the amount of dust or other particulate matter exceed the standards established by the Minnesota Pollution Control Agency. No operations shall be allowed when wind gusts exceed 30 mph.
      (16)   Water pollution. Operators shall comply with all applicable Minnesota Pollution Control Agency regulations and federal and Environmental Protection Agency regulations for the protection of water quality. No waste products or process residue, including untreated wash water, shall be deposited in any lake or natural drainage system, except that lakes or ponds wholly contained within the extraction site may be so utilized.
   (N)   Dangerous operations. The operators shall change, alter, or modify immediately any excavation or operation therein deemed by the City Council to be unsanitary or dangerous or polluted or contrary to the general health and welfare of the city.
   (O)   Maintenance of haul roads and traffic law compliance.
      (1)   While hauling operations are in progress, the operator shall maintain the haul road(s) in a condition satisfactory to the City Engineer. This work shall include application of water, bituminous material, or calcium chloride to the road surface as may be necessary to alleviate dust nuisance and eliminate traffic hazards. This work shall also include the removal of spillage of any material on the haul road(s).
      (2)   When hauling operations over any road are completed, the operator shall (at the operator's option):
         (a)   Restore that haul road to a condition at least equal to that which existed at the time the hauling operations were started; or
         (b)   Compensate the local road authority in an amount satisfactory to that road authority and concurred in by the City Engineer for the restoration of that haul road by the local authority.
      (3)   The City Engineer's determination as to the kind and amount of maintenance and restoration work required to restore the haul road to a condition equal to that which existed at the time the hauling operations were started shall be final, binding, and conclusive.
      (4)   When hauling over any designated haul road has been completed and the operator has restored that road or has compensated for that restoration as required, the City Engineer will accept such restoration or concur in such financial settlement for the restoration of the haul road (as the case may be) in writing, and such acceptance will relieve the operator of any kind of additional obligation in connection with the restoration of that road.
      (5)   If the operator fails or refuses to perform haul road restoration or to make satisfactory financial settlement for such restoration as required within the period specified in a written notice by the City Engineer, the city will cause the restoration work to be done and require reimbursement therefor from the operator's surety.
   (P)   Site restoration. All grading, mining, and filling sites shall be restored immediately after operations cease. Restoration shall be completed within 60 days of the cessation of operations unless operations cease during the fall. In no case shall restoration be left uncompleted for over eight months. The following standards shall apply to restoration:
      (1)   The peaks and depressions of the site shall be graded and backfilled to a surface which will result in a gently rolling topography in substantial conformity to the land area immediately surrounding the site and which will minimize erosion due to rainfall. No finished slope shall exceed 12% in grade.
      (2)   Restoration shall begin after the grading, mining, and/or filling of 25% of the total area to be mined or five acres, whichever is less. Once these areas have been graded, mined, or filled, they shall be sloped and seeded as per the restoration plan.
      (3)   Restored areas shall be surfaced with a soil of a quality at least equal to the topsoil of land areas immediately surrounding the site, and to a depth of at least six inches. The topsoil shall be seeded, sodded, or planted with grasses. Trees and shrubs may also be planted but not as a substitute for grasses. Such planting shall adequately retard soil erosion.
      (4)   The finished grade shall be such that it will not adversely affect the surrounding land or future development of the site and shall be consistent with the end use plan.
      (5)   Within 30 days after the deposit of approved fill materials, the filled areas shall be covered with a minimum of six inches clean fill, and the depth of the fill shall be controlled to blend with the surrounding ground conditions.
(Ord. 2402, passed 12-10-24)

§ 155.081 FINDINGS, PURPOSE, AND EFFECT.

   (A)   The purpose of this division is to regulate the number, location, size, type, placement, and certain features of all signs placed on private property for public observation to protect and promote the general welfare, health, safety, and order within the city. The provisions contained within this division are meant to encourage creativity and opportunities for effective communication, while ensuring that the public is not distracted or endangered by such communication. This division must be interpreted in a manner consistent with the First Amendment guarantee of free speech.
   (B)   Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ABANDONED SIGN. Any sign and/or its supporting sign structure which remains without a message or whose display surface remains blank for a continuous period of one year or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned. Signs applicable to a business temporarily suspended because of a change in ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of one year or more. Any sign remaining after demolition of a principal structure shall be deemed to be abandoned. Signs which are present because of being legally established nonconforming signs or signs which have required a conditional use permit or a variance shall also be subject to the definition of abandoned sign.
      AWNING SIGN. A building sign or graphic printed on or in some fashion attached directly to the awning material.
      BALLOON SIGN. A sign consisting of a bag made of lightweight material supported by helium, hot, or pressurized air which is greater than 24 inches in diameter.
      BUILDING SIGN. Any sign attached to or supported by any building.
      CANOPY. A roof-like cover, often of fabric, plastic, metal, or glass on a support, which provides shelter over a doorway, or in the case of motor fuel stations, provides shelter over the fuel tanks.
      CANOPY SIGN. Any sign that is part of or attached to a canopy, made of fabric, plastic, or a structural protective cover over a door or entrance. A canopy sign is not a marquee and is di erent from service area canopy signs.
      COMMERCIAL MESSAGE SIGN. Sign advertising a business, profession, commodity, service or entertainment.
      DYNAMIC DISPLAY SIGN. Any sign with characteristics that appear to have movement or that appear to change which are caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display and any display that incorporates LED (Light-Emitting Diode) lights manipulated through digital input, digital ink, or any other method or technology that allows the sign face to present a series of images or displays.
      ERECT. Activity of constructing, building, raising, assembling, placing, a fixing, attaching, creating, painting, drawing or any other way of bringing into being or establishing.
      FARM IDENTIFICATION SIGN. A sign which identifies or otherwise describes the name, ownership and/or type of agricultural operation of the lot or parcel of land upon which it is situated.
      FLAG. Any fabric or similar lightweight material attached at one end of the material to a staff or pole, so as to allow movement of the material by atmospheric changes and which contains distinctive colors, patterns, symbols, emblems, insignia, or other symbolic devices.
      FLASHING SIGN. An illuminated sign upon which the artificial light is not kept constant in terms of intensity or color at all times when the sign is illuminated.
      FREESTANDING SIGN. Any stationary or portable self-supported sign not a fixed to any other structure.
      GOVERNMENTAL SIGN. A sign which is erected by a governmental unit.
      ILLUMINATED SIGN. Any sign which is lighted by an artificial light source either directed upon it or illuminated from an interior source.
      MONUMENT SIGN. A sign not supported by exposed posts or poles which is designed to architecturally match the principal structure and be located directly at grade where the base width dimension is 75% or more of the greatest width of the sign.
      MOTION SIGN. Any sign which revolves, rotates, has any moving parts, or gives the illusion of motion.
      NON-COMMERCIAL MESSAGE SIGN. Dissemination of messages not classified as commercial speech, which include, but are not limited to, messages concerning political, religious, social, ideological, public service and informational topics.
      NONCONFORMING SIGN.
         (a)   LEGAL. A sign which lawfully existed at the time of the passage of this division but which does not conform to the regulations of this chapter.
         (b)   ILLEGAL. A sign which was constructed after the passage of this division and does not conform to the regulations of this division.
      OFF-PREMISE SIGN. A sign located upon property other than that of the development or use for which the sign is intended. For purposes of this division, easements and other appurtenances shall be considered to be outside such lot and any sign located or proposed to be located in an easement or other appurtenance shall be considered an off-premise sign.
      ON-PREMISE SIGN. A sign located upon the same property as the development or use for which the sign is intended.
      PORTABLE SIGN. A temporary sign so designed as to be movable from one location to another and which is not permanently attached to the ground, sales display device, or structure.
      PROJECTING SIGN. Any wall sign which is affixed to a building or wall in such a manner that its leading edge extends a minimum of one foot beyond the surface of the building and a maximum of four feet beyond such building.
      PYLON SIGN. Any freestanding sign which has its supportive structure(s) anchored in the ground and which has a sign face elevated above ground level by a pole(s) or beam(s) and with more than 25% of the area below the sign face open.
      ROOF SIGN. A sign which is located above the eave or coping line.
      ROTATING SIGN. A sign which revolves or rotates by mechanical means.
      SANDWICH BOARD SIGN. A self-supported and moveable, typically A-shaped, temporary sign with two visible sides that is placed adjacent to a business, typically on a sidewalk.
      SIGN. Any letter, word, symbol, poster, picture, statuary, reading matter or representation in the nature of advertisement, announcement, message or visual communication, whether painted, posted, printed, affixed or constructed, including all associated brackets, braces, supports, wires and structures, which is displayed for informational or communicative purposes.
      SIGN AREA. All signs shall be measured at the perimeter of the surface on which the sign is inscribed. The area of the internally lighted signs shall be the total area of the lighted surface. For signs consisting of letters, figures, or symbols applied directly onto a building or structure, the sign area shall be that area enclosed within the smallest regular geometric figure needed to completely encompass all letters, figures or symbols of the sign.
      SIGN FACE. The surface of the sign upon, against, or through which the message of the sign is exhibited.
      SIGN HEIGHT. The height of the sign shall be computed as the vertical distance measured from the base of the sign at grade to the top of the highest attached component of the sign.
      TEMPORARY SIGN. A sign designed to be displayed for a limited period of time that is not permanently fixed to the land or a structure.
      WALL SIGN. A sign affixed to the exterior wall of a building which does not project more than one foot from the surface to which it is attached, nor extend beyond the top of the parapet wall.
      WINDOW SIGN. A sign affixed to or inside of a window in view of the general public.
(Ord. 2402, passed 12-10-24)

§ 155.082 GENERAL PROVISIONS.

   (A)   Maintenance. Signs and sign structures shall be properly maintained and kept in a safe condition. Sign or sign structures which are rotted, unsafe, deteriorated or defaced, as determined by the City Building Official or Zoning Administrator, shall be removed, repainted, repaired, or replaced by the permit holder, owner or agent of the property upon which the sign stands.
   (B)   Placement.
      (1)   No signs, other than those of governmental jurisdictions, shall be permitted within public right-of-way or roadway easements.
      (2)   No sign or sign structure, unless otherwise regulated by this section, shall be closer to any lot line than ten feet. On corner lots, no sign shall be located within the visibility triangle required by § 155.072.
      (3)   No sign shall be placed within any drainage or utility easement, except upon written approval of the City Engineer.
      (4)   No sign shall be permitted to obstruct any window, door, fire escape, stairway or opening intended to provide light, air, ingress or egress of any building or structure.
   (C)   Public safety. No signs, guys, stays, or attachments shall be erected, placed, or maintained on rocks, fences, or trees, nor interfere with any electric light, power, telephone or telegraph wires or the supports thereof, with the exception of signs necessary for security, or to preserve public safety, as determined by the City Council.
   (D)   Construction. No sign shall be attached or be allowed to hang from any building until all necessary wall and roof attachments have been approved by the City Building Official.
   (E)   Electricity. The installation of electrical signs shall be subject to the state's Electrical Code. Electrical service shall be underground for freestanding signs and not visible from public view for wall signs.
   (F)   Illumination.
      (1)   Illuminated signs shall comply with § 155.077 and shall be shielded to prevent lights from being directed onto residential property, or at oncoming traffic, in such brilliance that it impairs the vision of the driver. Nor shall such signs interfere with, or obscure, an official traffic sign or signal. This includes indoor signs which are visible from public streets and highways.
   (G)   Design. All freestanding signs and sign structures, including sign supports, poles, beams, and brackets shall be architecturally designed to match the principal structure.
   (H)   Landscaping. Landscaping that accompanies signage must be approved by the Zoning Administrator with regards to installation, design and maintenance.
   (I)   Substitution.
      (1)   The owner of any sign which is otherwise allowed by this subchapter may substitute non-commercial copy in lieu of any other commercial or non-commercial copy. This substitution of copy may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular non-commercial message over any other non-commercial message. This provision prevails over any more specific provision to the contrary.
   (J)   Non-conforming signs and uses.
      (1)   Non-conforming signs. Any non-conforming on-premise sign lawfully existing upon the effective date of the adoption of this section may be continued at the size and in the manner existing upon such date, subject to the following provisions:
         (a)   Maintenance and repair. Nothing in this division shall be construed as relieving the owner or user of a legal non-conforming sign or owner of the property on which the sign is located from the requirements of this division regarding safety, maintenance, and repair of signs, provided that any repainting, cleaning, and other normal maintenance or repair of the sign or sign structure shall not modify the sign structure or copy it in any way which makes it more non-conforming, or the sign shall lose its legal non-conforming status. Illegal, non-conforming signs shall be removed by the property owner within ten days of notice from the city.
         (b)   Prohibited alterations. A non-conforming sign may not be:
            1.   Structurally altered except to bring it into compliance with the provisions of this section.
            2.   Enlarged.
            3.   Re-established after its removal or discontinuance.
            4.   Repaired or otherwise restored, unless the damage is to less than 50% of the sign structure value as determined by the Zoning Administrator.
            5.   Replaced (applies to structure only and not message).
(Ord. 2402, passed 12-10-24)

§ 155.083 PROHIBITED SIGNS.

   (A)   Any sign or attention-getting device not specifically regulated by this subchapter shall be considered prohibited until the City Council can make a determination as to its acceptability and, if appropriate, initiate an amendment to this subchapter.
   (B)   The following signs are specifically prohibited by this subchapter:
      (1)   Roof signs;
      (2)   Signs painted directly on the outside wall of a building;
      (3)   Off-premise signs; except for off-premise signs in parks as set forth in § 155.087(D);
      (4)   Private signs that resemble any official marker, governmental agency, or display such words as "stop" or "danger" unless so specified by this subchapter or the City Code;
      (5)   Flashing signs;
      (6)   Motion signs, and signs giving off an intermittent, steady, or rotating beam of light, except as allowed by M.S. § 173.16, Subd. 3;
      (7)   Illegal nonconforming signs;
      (8)   Signs containing obscene content;
      (9)   Signs which by reason of position, movement, shape, illumination, or color would constitute a hazard to oncoming traffic;
      (10)   Signs located on private property without the consent of the owner thereof;
      (11)   Signs on or attached to equipment such as vehicles, semi-truck trailers or other portable trailers where signing is a principal use of the equipment on either a temporary or permanent basis;
      (12)   Dynamic display signs except as set forth in § 155.087(C)(9) and § 155.087(D)(1); and
      (13)   Signs which are structurally unsafe, dilapidated, or abandoned.
(Ord. 2402, passed 12-10-24)

§ 155.084 SIGNS ALLOWED WITHOUT A PERMIT.

   The following signs are allowed in all districts without a permit, but shall comply with all other applicable provisions of this section:
   (A)   Signs posted by government. Any sign in the public interest erected by, or on the order of, public officers in the performance of their public duty and all signs posted by public utilities whether or not such signs are in the public right-of-way.
   (B)   Property address information.
      (1)   In all districts, the property address shall be displayed on each principal building. Such sign(s) shall contain numerals of a sufficient size to be legible from the nearest street, yet shall not exceed two square feet in area.
      (2)   The numerals shall be metal, glass, plastic or curable material and shall not be less than three and one-half inches in height.
      (3)   The numerals shall be placed as to be easily seen from the street.
   (C)   Warning and restrictive signs, such as "No Trespassing" and "No Hunting" signs placed upon private property by the owner, not to exceed two square feet in area.
   (D)   Flags, non-commercial.
      (1)   Non-commercial flags shall not count against the maximum sign area allowed in each zoning district.
         (a)   In the Public and Institutional Zoning District, each non-commercial flag may not exceed 60 square feet in area and no more than three non-commercial flags may be displayed per lot.
         (b)   In all other zoning districts, each non-commercial flag may not exceed 24 square feet in area and no more than three non-commercial flags may be displayed per lot.
      (2)   The side yard setback for each flagpole holding a non-commercial flag shall be at least equal to the height of the flagpole and be placed a minimum of ten feet from a public right-of-way.
   (E)   All signs in accordance with M.S. § 211B.045.
   (F)   Window signs. Window signs shall be allowed subject to the sign area allowances of the respective zoning districts provided that the signs not exceed 50% of the total area of the window in which it is displayed.
   (G)   Sandwich board signs shall be allowed within all business zoning districts subject to the following regulations:
      (1)   Number. One sandwich board sign is permitted per site or one per tenant for multi- tenant sites.
      (2)   Size. Sandwich board signs may be no larger than eight square feet per sign face and four feet in height. No materials, including but not limited to balloons, streamers, and windsocks, may be added to the sign to increase its height or width.
      (3)   Location.
         (a)   Sandwich board signs placed on the business property shall meet required principal building setbacks or be located within ten feet of the principal business entry door.
         (b)   Sandwich board signs shall be located so as to maintain a minimum four-foot pedestrian walkway unless additional setback is necessary due to high volume pedestrian traffic as determined by the Zoning Administrator except in the B-2 District, where sandwich boards may be placed on public sidewalks directly in front of the business being advertised.
         (c)   Before installing a sandwich board sign in the city's public right-of-way, the owner of the property upon which the sandwich board sign is to be located must procure and maintain while the sandwich board sign is in place, at the owner's sole cost and expense, a policy of comprehensive general liability insurance on an "occurrence" basis against claims for personal injury liability, including, without limitation, bodily injury, death and property damage, with a limit of not less than $1,000,000 per occurrence. Such insurance shall name the city as an additional insured. The property owner shall provide the city a certificate of insurance as evidence of such insurance coverage and a release and hold harmless agreement in form and content approved by the City Attorney.
         (d)   Sandwich board signs displayed by businesses in multi-tenant buildings shall be placed adjacent to the business entrance of the business placing the sign when more than one sandwich board sign is being displayed on the property.
         (e)   Sandwich board signs shall not block driveways, entryways, parking spaces, and pedestrian accesses, create a safety hazard or obstruct vehicular/pedestrian traffic visibility.
         (f)   Sandwich board signs shall not be placed on sidewalks that have not been cleared of snow and/or other debris.
      (4)   Display. Sandwich board signs shall only be displayed during the hours when the business is open to the public.
      (5)   Design. Sandwich board signs shall be professionally painted and/or made of superior quality weather and wind resistant materials. Signs shall not be illuminated or contain electronic moving parts.
(Ord. 2402, passed 12-10-24)

§ 155.085 TEMPORARY SIGNS.

   Temporary signs shall be allowed with a permit subject to the following regulations:
   (A)   The temporary sign permit shall be obtained prior to displaying the sign.
   (B)   In the residential zoning districts:
      (1)   No more than one temporary sign may be located on any one lot or parcel at any time.
      (2)   The area of the temporary sign shall comply with the regulations set forth in § 155.087(B)(1).
   (C)   In all other zoning districts:
      (1)   Number. No more than one temporary sign per street front may be located on any one lot or parcel at any time.
      (2)   Size.
         (a)   The sign area shall not exceed 32 square feet on each side where the speed limit of the adjacent road is less than 45 miles per hour.
         (b)   The sign shall not exceed 64 square feet on each side in an area where the speed limit of the adjacent road is 45 miles per hours or greater.
      (3)   Duration. A temporary sign may be displayed for a cumulative total of 90 days per calendar year. A temporary sign may be displayed for a maximum of 30 additional days if it coincides with the grand opening of a business.
      (4)   Location.
         (a)   Temporary signs must be located on the premises which is the subject of the temporary sign.
         (b)   For premises with multiple users or tenants, signs must be located a minimum of 100 feet apart.
         (c)   Off-premises temporary signs shall be permitted. The number of days an off-premises temporary sign is displayed shall count toward the 90 days that are allowed for the property which is the subject of the off-premises sign.
(Ord. 2402, passed 12-10-24)

§ 155.086 PERMANENT SIGNS.

   The signs listed in this section shall comply with all applicable provisions of this section and shall require a permit from the city:
   (A)   In Agricultural Zoning Districts the following provisions shall apply:
      (1)   Within Agricultural Zoning Districts, non-commercial message signs are permitted as follows:
   Table 8.1 Sign Dimensions in Agricultural Zoning Districts.
 
District
Maximum Sign Area of Single Sign
Total Area of All Signs
Maximum Height of Sign
Non- Commercial
Commercial
A-1
20 sq. ft. per surface
30 sq. ft.
20 ft.
6 ft.
 
      (2)   No more than two non-commercial signs may be displayed per property.
      (3)   One commercial sign may be displayed per property.
      (4)   Signs must be a minimum distance of ten feet apart.
      (5)   Signs must be a minimum distance of ten feet from a street curb, driveway, or property line.
      (6)   Any farm identification sign existing prior to December 9, 1997, shall be considered legally non-conforming and be subject to the regulations of § 155.083(J).
   (B)   In Residential Zoning Districts the following provisions shall apply:
      (1)   Signs on residential property as follows:
 
District
Maximum Sign Area of Single Sign
Total Area of All Signs
Maximum Height of Sign
All R Districts
10 sq. ft. per surface
15 sq. ft.
2 sq. ft.
 
         (a)   No more than two signs may be displayed per property.
         (b)   Signs must be a minimum distance of ten feet apart.
         (c)   Signs shall be a minimum distance of ten feet from the street curb and property line.
         (d)   All commercial signs shall be constructed of weather resistant materials that complement the principal structure and not be internally illuminated.
         (e)   On properties containing a home occupation, one commercial sign may be displayed if the business does not have a physical presence on another property and if compliant with the following:
            1.   The sign shall be mounted at to the exterior wall of the principal structure, except in the RR and R-2 zoning districts where a freestanding sign shall be allowed if located within five feet of the driveway and a minimum of 40 feet from the road or 30 feet from the front property line, whichever is greater.
      (2)   Signs on property used principally for non-residential purposes as follows:
         (a)   Monument sign.
            1.   No part of sign shall be less than ten feet from any property line, driveway or parking lot.
            2.   One double-sided monument sign shall be allowed per property.
            3.   The sign area cannot exceed 64 square feet in area per side.
            4.   The sign shall not exceed ten feet in height.
            5.   Dynamic display signs may be included as part of the overall sign design. Message signs shall not exceed 50% of the overall area of the monument sign. The sign may be illuminated, but no flashing. Only non-commercial messages are permitted to be displayed on the sign.
         (b)   Wall sign.
            1.   Location. Wall signs shall be permitted on one wall, except in the cases of buildings located on corner lots or through lots, which shall be allowed wall signage on the same number of walls as street frontage.
            2.   Area. The aggregate area of the wall sign on each building street frontage shall not exceed 5% of the area of the wall to which the sign is attached, up to a maximum of 100 square feet, on each wall.
   (C)   In Business and Industrial Zoning Districts the following provisions shall apply:
      (1)   Area. The total area of all signs displayed on a lot shall not exceed 20% of the area of the front building façade. For buildings located on a corner lot, the total area of all signs shall not exceed 20% of the area of either the front or side building facades, whichever is greater. For purposes of calculating area, the wall itself shall be used. The wall shall not include the area of any canopy.
      (2)   Monument signs.
         (a)   Location. No part of a freestanding sign shall be less than ten feet from a side or front lot line or less than five feet from a driveway or parking area, except in the B-2 Zoning District where a freestanding sign may be allowed to be located five feet from any property line, parking area, or driveway.
         (b)   Number.
            1.   No more than one double-side monument sign shall be allowed per property.
            2.   Lots which have double-frontage on a principal arterial, minor arterial, or collector road shall be allowed a second monument sign.
         (c)   Area.
            1.   The sign area shall not exceed 96 square feet on each side with a maximum height of 18 feet.
            2.   The base area of the sign shall be a minimum of two feet in height and a maximum of 50% of the total height of the sign, except in the B-2 Zoning District where a maximum size of 32 square feet and a maximum height of six feet is allowed.
            3.   A second monument sign if permitted, shall not exceed 32 square feet in area and shall have a maximum height of no more than ten feet, except in the B-2 Zoning District where the height shall be a maximum of no more than six feet. There is no minimum height for the base of the sign; however, the base shall not exceed 50% of the total height of the sign.
         (d)   Design. All portions of the sign structure, excluding the sign area, shall be constructed of the same materials as the principal building.
         (e)   Landscaping. The area around the base of the sign shall be landscaped with plant materials that blend with the sign structure and are consistent with other site landscaping.
      (3)   Wall signs.
         (a)   Location. Wall signs shall be erected within the portion or entryway of the building that is leased or occupied by the business. Wall signs shall not be attached to any element listed in § 155.024(H).
         (b)   Number. Wall signage shall be permitted on one wall, except in the cases of buildings located on corner lots or through lots (not adjacent to a residential district) which shall be allowed wall signage on the same number of walls as it has street frontages.
         (c)   Area. In addition to the overall sign area limitation as set forth in division (C)(1) above, the total area of all wall signs on each street frontage shall not exceed 15% of the area of the wall to which the sign(s) are attached, up to a maximum size of 200 square feet for each sign.
         (d)   Design. In the B-2 Downtown Commercial District, signs must contain individual letters and symbols.
      (4)   Small multi-tenant buildings. The following provisions apply to multi-tenant buildings less than 25,000 square feet in area or any multi-tenant building with three or fewer occupants, but more than 25,000 square feet in area:
         (a)   Monument sign. Monument signs are subject to all regulations set forth in division (C)(2).
         (b)   Wall sign. The aggregate area of such signs shall not exceed 10% of the area of the exterior wall of the leasehold area. For purposes of calculating area, the building itself shall be used. The building facade shall not include the area of any canopy.
      (5)   Large multi-tenant buildings. The following provisions apply to multiple tenant buildings larger than 25,000 square feet in area and containing four or more tenants with individual exterior entrances:
         (a)   Freestanding sign.
            1.   Freestanding signs are permitted on property containing multi-tenant buildings.
            2.   No more than one freestanding sign may be permitted on-site.
            3.   Sign shall not exceed 150 square feet in area.
            4.   Sign shall be no higher than 30 feet.
            5.   Design. All portions of the sign structure, excluding the sign area, shall be constructed of the same materials as the principal building. Each business sign, of any type, may contain no information beyond the name, symbol, and nature of the business conducted on the premises, or the name and price of a product sold by a business being conducted on the premises.
         (b)   Wall sign. The aggregate area of such signs shall not exceed 10% of the exterior wall of the leasehold area. For purposes of calculating area, the building itself shall be used. The building facade shall not include the area of any canopy.
      (6)   Projecting signs. Projecting signs are permitted in the B-2 Zoning District, subject to the following regulations:
         (a)   Design. The design of a projecting sign shall be consistent with the design of the building to which the projecting sign is attached, as determined by the Zoning Administrator.
         (b)   Area. The total area of projecting signs is subject to all regulations set forth in division (C)(3)(c) above.
         (c)   Location. Before installing a projecting sign that extends into the airspace above the city's public right-of-way, the owner of the property upon which the projecting sign is to be located must procure and maintain while the projecting sign is in place, at the owner's sole cost and expense, a policy of comprehensive general liability insurance on an "occurrence" basis against claims for personal injury liability, including, without limitation, bodily injury, death and property damage, with a limit of not less than $1,000,000 per occurrence. Such insurance shall name the city as an additional insured. The property owner shall provide the city a certificate of insurance as evidence of such insurance coverage and a release and hold harmless agreement in form and content approved by the City Attorney.
         (d)   Height. The bottom of the projecting sign shall be a minimum of ten feet above ground and the projecting shall not extend above the roof line of the building to which it is attached.
         (e)   Size. A projecting sign shall not extend more than four feet beyond the surface of the building to which the projecting sign is affixed. The sign area of a projecting sign shall not exceed 20 square feet and is subject to wall sign area limitations as set forth in division (C)(3)(c) above.
      (7)   Canopies and awnings on buildings.
         (a)   The design of canopies shall be in keeping with the overall building design in terms of location, size, and color.
         (b)   No canopies with visible wall hangers shall be permitted.
         (c)   Signage on canopies may be substituted for allowed wall signage and shall be limited to 25% of the canopy area.
         (d)   Internally illuminated canopies must be compatible with the overall color scheme of the building.
      (8)   Canopy signs on motor vehicle stations.
         (a)   Location. Canopy sign(s) are permitted for motor fuel station properties.
         (b)   Number. Motor fuel stations shall be allowed no more than one canopy sign, except in cases of buildings located on corner lots, which shall be allowed one canopy sign per street frontage.
         (c)   Area. The total area of each canopy sign, in addition to being subject to the overall business sign area limitation as set forth in division (C)(1) above, shall also not exceed 32 square feet or 25% of the vertical surface area of the face of the canopy the sign will be affixed to, whichever is less. Canopy signs shall not be interpreted as wall signs for calculating the number of signs allowed as described in division (C)(3)(b) above.
      (9)   Dynamic display signs. Dynamic display signs must meet those standards as provided in § 155.083 above and as follows:
         (a)   Location. Dynamic display signs shall be permitted only on monument and freestanding
signs.
         (b)   Public road frontage. There shall be no more than one dynamic display sign per lot. The lot shall have at least 100 feet of continuous road frontage on the same street.
         (c)   Orientation. In all non-residential districts except the B-2 District, no dynamic display sign may be located closer than 75 feet from a lot used exclusively for a residential use or in a residential zone.
         (d)   Sign area.
            1.   Dynamic display signs shall occupy no more than 75% of the sign area of any sign.
               a.   Monument signs are allowed a dynamic display sign area up to a maximum size of 32 square feet or 75% of the total sign area, whichever is less.
               b.   Freestanding signs are allowed dynamic display sign area up to a maximum size of 50 square feet or 75% of the total sign area, whichever is less.
            2.   Remainder of the sign shall not have the capacity to have dynamic displays even if not used; and
            3.   Only one continuous dynamic display area is allowed on a sign face.
         (e)   Message display.
            1.   Static display. The display must be static and the transition from one static display to another must be immediate without any special effects, i.e. fade, dissolve, blink, scroll, or appear to simulate motion in any way. The images and messages displayed must be complete in themselves without continuation in content to the next image or message or to any other sign.
            2.   Duration. The dynamic display may not change or move more often than once every ten seconds.
            3.   Dimmer control. Dynamic displays must be equipped with automatic dimming technology or other mechanisms that automatically adjust the sign's illumination level based on ambient light conditions.
            4.   Resolution. The sign must have a maximum pixel size of 17 mm (millimeter) spacing to provide a detailed display necessary for clear and adequate visibility.
            5.   Brightness.
               a.   No sign may exceed a maximum illumination of .3 (3/10th's) candelas above ambient light level vs. other methods and as measured 50 feet from the sign's face. The city may, at its discretion, meter the dynamic display to determine that the sign's illumination is no greater than .3 (3/10th's) candelas.
               b.   No sign may be of such intensity or brilliance as to impair the vision of a motor vehicle driver with average eyesight or to otherwise interfere with the driver's operation of a motor vehicle.
               c.   No sign may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device, or signal.
               d.   The person owning or controlling the sign must adjust the sign to meet the brightness standards in accordance with the city's instructions. The adjustment must be made immediately upon notice of non-compliance from the city.
            6.   Color. Full color dynamic display signs are permitted.
            7.   Letter size. Every line of copy and graphics in a dynamic display must be at a minimum:
               a.   Seven inches in height on a road with a speed limit of 30 mph or less;
               b.   Nine inches in height on a road with a speed limit of 31 to 45 mph;
               c.   Twelve inches in height on a road with a speed limit of 46 to 55 mph; and
               d.   Fifteen inches in height on a road with a speed limit of 56 mph or greater.
               e.   If there is insufficient room for copy and graphics of this size in the area allowed, then no dynamic display is allowed.
            8.   Design. All dynamic displays shall be designed to be an integral part of the overall sign; including color, materials, etc., and in no case may the dynamic display be wider than the remaining portion of the monument sign.
            9.   Audio. No dynamic display sign may have audio speakers or any audio component.
            10.   Malfunction. The display must be designed and equipped to freeze the device in one position if a malfunction occurs. The display must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this section.
            11.   Non-compliance. The Zoning Administrator shall review non-compliant dynamic display signs. If the property owner has not corrected the non-compliance as determined by the Zoning Administrator, the Zoning Administrator may issue an administrative citation in accordance with the city's administrative enforcement policy and/or the non-compliance shall result in forfeiture of the permit, and the city shall be authorized to arrange disconnection of electrical service to the facility.
         (f)   Permitting process. The property owner must obtain a permit to operate a dynamic display sign and shall sign a form agreeing to the operation of the sign in conformance to the city's dynamic display regulations. A sign permit shall be issued after receipt of an application fee, sign design, site plan, and dynamic display information has been submitted, reviewed and approved by the Zoning Administrator, or its designee.
   (D)   In a Public and Institutional Zoning District, the following provisions shall apply:
      (1)   Monument sign.
         (a)   No part of sign shall be less than ten feet from any property line, driveway, or parking lot.
         (b)   One double-sided monument sign shall be allowed per property.
         (c)   The sign area cannot exceed 64 square feet in area.
         (d)   The height of the sign shall not exceed ten feet.
         (e)   Dynamic display signs may be included as part of the overall sign design. Message signs shall not exceed 50% of the overall area of the identification sign. The sign may be illuminated, but no flashing. Only non-commercial messages are permitted to be displayed on the sign.
      (2)   Wall sign.
         (a)   Wall signs shall be permitted on one wall, except in the cases of buildings located on corner lots, or through lots which shall be allowed wall signage on the same number of walls as street frontage.
      (3)   Signs on properties designated as parks/open space in the St. Michael comprehensive plan.
         (a)   The Park Board reviews each proposal and makes a recommendation to the City Council.
         (b)   The City Council shall hold a public hearing and notify any property owner within 500 feet of the proposed sign locations.
         (c)   The number, location, and materials of signs for each proposal shall be determined on an individual basis, and shall be based on the park layout, natural surroundings, and potential visual impact to surrounding properties and scenic views.
         (d)   To the extent possible, signs shall only be installed during the playing season for which the signs are intended.
         (e)   The city shall have the right to remove signs if they are not properly maintained as necessary for public health, safety and welfare, all as determined by the City's Zoning Administrator.
         (f)   All profits generated by the signs shall be allocated to capital improvements of the park in which the signs are located.
         (g)   A written agreement shall be prepared by the city to be signed by the city and all involved parties, identifying the parameter of the signs and responsibilities of maintenance and nancing for the signs.
      (E)   Planned unit development districts. Within a planned unit development district regulated by § 155.051 of this chapter, sign allowances shall be based upon the individual uses and structures within the development in compliance with the standards applied for the conventional zoning district where such uses are allowed, unless otherwise defined in the planned unit development agreement.
(Ord. 2402, passed 12-10-24)

§ 155.087 PERMITS REQUIRED, INSPECTION AND REMOVAL.

   (A)   Except as provided in § 155.085 no sign or structure shall be erected, constructed, altered, rebuilt, or relocated until a permit has first been approved by the Zoning Administrator and issued by the Building Official.
      (1)   Application processing and action.
         (a)   Within 15 working days of receiving an application for a sign permit, the Zoning Administrator shall review it for completeness. If the application is complete, it shall then be processed. If the Zoning Administrator finds that it is incomplete, the Zoning Administrator shall, within such 15 working day period, send to the applicant a notice of the specific ways in which the application is deficient, with appropriate references to the applicable sections of the City Code.
         (b)   Upon receipt of a complete application, the city shall review and comment upon application and shall either:
            1.   Issue the sign permit, if the sign(s) that is the subject of the application conforms in every respect with the requirements of the city code.
            2.   Reject the sign permit if the sign(s) that is the subject of the application fails in any way to conform to the requirements of the city code.
            3.   In case of a rejection, the Zoning Administrator and/or Building Official shall specify in the rejection the section or sections of the city code with which the sign(s) is inconsistent.
            4.   If the work authorized under a permit has not been initiated within 60 days after the date of issuance, the permit shall be null and void.
      (2)   Fees. Fees for the review and processing of sign permit applications shall be imposed in accordance with the fee schedule as adopted by City Council.
   (B)   Inspection. All signs shall be subject to inspection by the Zoning Administrator and/or Building Official.
   (C)   Removal of signs.
      (1)   The Zoning Administrator and/or Building Official shall order the removal of any illegal non-conforming sign erected or maintained in violation of the city code. Notice in writing shall be given by the city to the owner of such sign, or of the building, structure, or property on which such sign is located, to remove the sign or to bring it into compliance with the provisions of this section within 15 days from the date of said notice.
      (2)   Upon failure to remove the sign or to comply with this notice, the city may remove the sign. Any costs of removal incurred by the city shall be assessed to the owner of the property on which such sign is located and may be collected in the manner of ordinary debt or in the manner of taxes, and all costs shall be assessed against the property.
      (3)   The Zoning Administrator and/or Building Official may order the immediate removal of any sign without notice which is in violation of any of the following:
         (a)   Signs located within the public right-of-way.
         (b)   Temporary signs that have exceeded the time limits allowed in this division.
         (c)   The condition of the sign is such as to present an immediate threat to the safety of the public.
(Ord. 2402, passed 12-10-24)

§ 155.091 COMMON PROCEDURES AND REQUIREMENTS.

   (A)   Authority to file applications.
      (1)   Land use applications for an individual property may be initiated by:
         (a)   The owner of the property that is the subject of the application; or
         (b)   An agent authorized by the owner of the property that is the subject of the application, which may include a lessee of the property. Evidence of such authorization shall be the signature of the property owner.
         (c)   If the property subject to an application is under more than one ownership, all owners or their authorized agents shall join in filing the application.
      (2)   The Planning Commission and City Council may initiate text and map amendments to this chapter. If the subject of the amendment is a specific site or project, the Planning Commission or City Council may initiate amendments with or without application from the owner.
   (B)   Application submittal.
      (1)   Each complete land use application shall be filed with the Zoning Administrator and shall include the following:
         (a)   An application on an official application form.
         (b)   Non-refundable application fee as established by City Council resolution.
         (c)   All those application materials required that are specific to the application.
      (2)   An application will not be accepted until all required materials have been submitted.
   (C)   Application review procedure.
      (1)   Technical assistance.
         (a)   Upon receipt of a complete application, the Zoning Administrator shall, when deemed necessary, refer the request to appropriate staff to ensure that informational requirements are complied with.
         (b)   Also, when deemed necessary, the Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports and/or provide general assistance in preparing a recommendation on the request to the Planning Commission and City Council.
      (2)   Public hearing.
         (a)   Upon official submission of the request, the Zoning Administrator shall set a public hearing on the request for the next available regularly scheduled Planning Commission meeting.
         (b)   Such notice shall contain a legal property description and description of the request and shall be published no more than 30 days and no less than ten days prior to the hearing.
         (c)   Written notification of the hearing shall also be mailed at least ten working days prior to the date of the hearing to all owners of land within 350 feet of the boundary of the property in question.
         (d)   Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this section.
         (e)   At the public hearing, the Planning Commission shall hear all such persons as wish to be heard.
         (f)   The applicant or a representative thereof shall appear to answer questions concerning the proposed request.
      (3)   Planning Commission action.
         (a)   The Planning Commission and city staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, said information to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter.
         (b)   The Planning Commission shall make findings of fact and recommend such actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of the chapter. Such recommendation shall be in writing and accompanied by any report and recommendation of the city staff.
         (c)   The written recommendation of the Planning Commission shall be referred to the City Council within 60 days of the opening of the public hearing.
      (4)   City Council action.
         (a)   Upon receipt of the Planning Commission report and recommendation, or within 60 days of the opening of the public hearing by the Planning Commission, the City Council shall review the application.
         (b)   The City Council shall have the option to set and hold a public hearing if deemed necessary and shall make recorded findings of fact.
         (c)   The City Council shall review and approve, approve with conditions, or deny the application.
         (d)   The City Council shall state in writing its findings for approval or denial, as well as any conditions of approval.
      (5)   Recording. When conditions have been satisfied by the applicant, the city shall file a copy of all required documents, such as ordinances, resolutions, and agreements, with Wright County.
   (D)   Withdrawal of applications.
      (1)   Any request for withdrawal of an application shall be submitted to the Zoning Administrator.
      (2)   In all cases where the applicant has requested the withdrawal of an application, the associated feed paid and any costs incurred by the city in the processing of the application shall not be refunded.
   (E)   Successive applications.
      (1)   Whenever an application for an amendment or conditional use permit has been considered and denied by the City Council, a similar application for the amendment or conditional use permit affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least six months from the date of its denial; and a subsequent application affecting substantially the same property shall likewise not be considered again by the Planning Commission or City Council for an additional six months from the date of the second denial unless a decision to reconsider such matter is made by not less than four-fifths vote of the full City Council.
   (F)   Appeal of decision.
      (1)   Purpose. The purpose of this section is to provide for an appeal process where it is alleged that there is an error in any order, requirement, decision, or determination by the city or in the enforcement of this chapter.
      (2)   Appeals of administrative decisions.
         (a)   The Planning Commission, serving as the Board of Adjustment and Appeals, shall, after receiving the written report and recommendation of the city staff, make findings of fact and make a decision on appeals where it is alleged by the appellant that error has occurred in any order, requirement, decision, or determination made by the Zoning Administrator in the enforcement of this chapter, and for variances from the literal provisions of this chapter.
         (b)   An appeal shall be filed not later than 60 days after the applicant has received a written notice from the Zoning Administrator or the appeal shall be considered void.
         (c)   A public hearing shall not be required prior to the Planning Commission's decision on an appeal.
            1.   Written notice shall be mailed by the Zoning Administrator to the applicant and all landowners abutting the subject property of the proposed appeal at least ten days before the Planning Commission considers the appeal.
            2.   The notice shall contain a brief description of the appeal sought, along with notice of the date, time, and place of the Planning Commission meeting wherein the appeal will be considered.
            3.   Failure of the Zoning Administrator to comply with the notice provisions of this section shall not affect the validity of any subsequent proceedings.
         (d)   The Planning Commission shall render a decision on the appeal within 60 days from the date upon which the application for the appeal was deemed complete, unless extended as permitted by M.S. § 15.99 and any amendments thereto.
      (3)   Appeals of Planning Commission decisions.
         (a)   Appeals from decisions of the Planning Commission acting as the Board of Adjustments and Appeals shall be heard by the City Council as provided for by M.S. § 462.354, before any judicial review under M.S. § 462.361 may be initiated.
         (b)   An application for appeal to the City Council, requesting the Council to reconsider the decision of the Planning Commission, shall be received no later than 30 days after the date the Planning Commission has issued its written findings of fact and decision. The application for appeal shall set forth reasons that the appeal is justified in order to make reasonable use of the land, structure, or building, and that the appeal is the minimum request.
         (c)   A fee shall be charged pursuant to a fee schedule adopted from time to time by resolution of the City Council on all appeal requests. The fee shall accompany the application request by the appellant and shall not be refundable.
         (d)   The City Council shall take action on the appellant's request no later than 45 days after the date upon which the appellant's written request and the application fee has been received by the Zoning Administrator.
      (4)   Appeals of City Council decisions.
         (a)   Any aggrieved person shall have the right to appeal any land use decision by the City Council to the District Court for Wright County. Any person seeking judicial review under this chapter must appeal within 30 days after delivery of the decision to the appellant.
(Ord. 2402, passed 12-10-24)

§ 155.092 SITE PLAN REVIEW AND ENFORCEMENT.

   (A)   Purpose. The purpose of this section is to establish a formal plan review procedure and provide regulations pertaining to the enforcement of site design and construction standards as agreed to by the contractor through officially submitted plan documents.
   (B)   Applicability. Site plan review is required for the construction, expansion, alteration, or change in the use of multi-family residential, commercial, or industrial projects.
   (C)   Procedure. The application for site plan review shall be made and processed using the same procedure as outlined in § 155.091, except that a public hearing shall only be required when the proposal changes an existing non-conforming use.
   (D)   Plan agreements. All site and construction plans officially submitted to the city shall be treated as a formal agreement between the building contractor and the city. Once approved, no changes, modifications or alterations shall be made to any plan detail, standards, or specifications without prior submission of a plan modification request to the Building Official for review and approval.
   (E)   Enforcement. The Building Official shall have the authority to order the stopping of any and all site improvement activities, when and where a violation of the provisions of this section has been officially documented by the Building Official.
   (F)   Minor site plan review.
      (1)   The following minor changes to a site plan may be reviewed and approved administratively by the Zoning Administrator:
         (a)   Minor site plans for the expansion of a building where the proposed expansion is not more than 20% of the existing main floor footprint of the building, subject to a maximum 10,000 square foot expansion;
         (b)   Minor site plans for the expansion of a parking lot where the proposed expansion is not greater than 20% of the square footage of the existing parking lot; and
         (c)   Include in the minor site plan review requirements for such items as dumpsters, landscaping, and building materials.
      (2)   Any proposed expansion to a property subject to an existing Conditional Use Permit (CUP), must comply with the procedures and requirements set forth in § 155.094 of this subchapter instead of the minor site plan review process set forth in this subchapter.
      (3)   The Zoning Administrator may choose to refer any site plan to the Planning Commission and City Council for further review. If the site plan is referred to the Planning Commission and City Council, the Council shall make the final decision.
   (G)   Lapse of site plan approval. Site plan approval shall become null and void if within one year after site plan approval if the construction of the improvements shown on the site plan has not substantially commenced (as determined by the Building Official, Engineer, and Planner) unless a petition for an extension of time within which to complete the site plan improvements is granted by the City Council.
      (1)   Such extension shall be requested in writing and led with the Zoning Administrator at least 30 days before the expiration of the original approved site plan.
      (2)   There shall be no charge for the filing of the petition. The request for extension shall state facts showing a good faith attempt to complete or utilize the site plan permitted.
      (3)   Such petition shall be presented to the Planning Commission for a recommendation and to the City Council for a decision.
(Ord. 2402, passed 12-10-24)

§ 155.093 LAND ALTERATION PERMIT.

   (A)   Permit required.
      (1)   Except for a governmental jurisdiction and in cases where a grading and drainage plan for a private development has been approved as part of a subdivision or other development:
         (a)   The extraction of sand, gravel, black dirt, or other natural material from the land or the grading of land by a person in the amount of 50 cubic yards or more shall be termed "land excavation/grading" and shall require a permit. Excavation/grading activities which qualify as mining operations shall be subject to other applicable sections of the city code.
            1.   Basement excavation or other excavation/grading which is already covered by the Building Code or other such regulations of the city shall not require a land alteration permit.
         (b)   Any person who proposes to add fill in excess of 50 cubic yards to any property within the city limits shall require a land alteration permit.
            1.   No permit will be required for depositing land fill on a lot for which a building permit has been issued for construction thereon.
   (B)   Technical reports. The Zoning Administrator shall process all land alteration permit applications. The Zoning Administrator shall immediately upon receipt of such applications forward a copy thereof to the City Engineer and Building Official. These technical advisors shall be instructed by the Zoning Administrator to prepare reports for the City Council. Where watersheds, floodplains, and/or wetlands are in question, the Minnesota Department of Natural Resources shall also be contacted.
   (C)   Issuance of permit. Upon receiving information and reports from the city staff and other applicable agencies, the Zoning Administrator shall make its determination as to whether, when, and under what conditions such permit for land alteration is to be issued to the applicant by the city.
   (D)   Conditions of land alteration permit. The City Council may require the following conditions of approval of any land alteration permit:
      (1)   Properly fence the excavation;
      (2)   Slope the banks and otherwise properly guard to keep the excavation in such condition as not to be dangerous from caving or sliding banks;
      (3)   Properly drain, fill in, or level the excavation after it has been created, so as to make the same safe and healthful as the City Council shall determine;
      (4)   Keep the excavation/grading within the limits for which the particular permit is granted;
      (5)   Remove excavated/graded material from the excavation, away from the premises upon and along such highways, streets, or other public ways as the city shall order and direct;
      (6)   Retain and store topsoil from the site in question and utilize such materials in the restoration of the site; and
      (7)   Use replacement material consisting of clean fill. The introduction of foreign substances or material that does not constitute clean fill is prohibited.
      (8)   Unless expressly extended by permit, the hours of operation shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Saturday.
      (9)   Under no circumstances shall any landfill operation be conducted or permitted if the contents of the landfill or any part thereof shall consist of garbage, animal, vegetable, or plant, refuse, poisons, contaminants, chemicals, decayed material, filth, sewage or similar septic or biologically dangerous material, or any other material deemed to be unsuitable by the city.
   (E)   Security. The city may require either the applicant or the owner or user of the property on which the land alteration is occurring to post a security in accordance with the city's Policy on Performance Security and Escrow for Improvement Projects.
   (F)   Failure to comply.
      (1)   The city may, for failure of any person to comply with any requirement made of them in writing under the provisions of such permit, proceed to cause the requirement to be complied with, and the cost of such work shall be taxed against the property whereon the land alteration is located, or the city may, at its option, proceed to collect such costs by an action against the person to whom such permit has been issued and their superiors if a security exists.
      (2)   In the event that land alteration operations requiring a permit commenced prior to city review and approval, the city may require work stopped and all necessary applications filed and processed.
      (3)   Application fees shall be double the normal charge.
   (G)   Completion of alteration.
      (1)   All land alteration operations shall be completed within 90 days of the issuance of the permit. Upon completion, the permit holder shall notify the city in writing of the date of completion.
      (2)   If additional time beyond the 90 days is needed for completion, the permit holder may apply to the city and upon a satisfactory showing of need, the city may grant an extension of time. If such extension is granted, it shall be for a definite period and the city shall issue an extension permit. Extensions shall only be granted in cases where the permit holder shows that good faith efforts were made to complete the excavation/grading operation within 90 days and that failure to complete the operation was due to circumstances beyond the permit holder's control, such as a teamsters' strike, unusually inclement weather, illness, or other such valid and reasonable excuse for noncompletion.
      (3)   In the event a request for an extension is denied, the permit holder shall be allowed a reasonable time to comply with the other provisions of this chapter relating to grading, leveling, and seeding or sodding. What constitutes such "reasonable time" shall be determined by the City Engineer after inspecting the premises.
      (4)   At the completion of a land alteration operation, the premises shall be graded with erosion control, leveled, and seeded or sodded with grass or native vegetation.
         (a)   The grade shall be such elevation with reference to any abutting street or public way as the City Engineer shall prescribe in the permit.
         (b)   The site shall also conform to such prerequisites as the City Engineer may determine with reference to storm water drainage runoff and storm water passage or flowage so that the excavation cannot become a source of, or an aggravation to, storm water drainage conditions in the area. The City Engineer shall inspect the project following completion to determine if the applicant has complied with the conditions imposed as part of the permit.
         (c)   Failure of such compliance shall result in the withholding of any building permits for the site and notice of such withholding shall be filed in the office of the County Recorder for the purposes of putting subsequent purchasers on notice.
(Ord. 2402, passed 12-10-24)

§ 155.094 CONDITIONAL USE PERMIT (CUP).

   (A)   Purpose. The purpose of a CUP is to provide the city with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare and public health and safety.
   (B)   Procedure. The application for a CUP shall be made and processed using the same procedure as outlined in § 155.091.
   (C)   In making its determination, the City Council may consider the following criteria:
      (1)   The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan;
      (2)   The proposed use is or will be compatible with present and future land uses of the area;
      (3)   The proposed use conforms with all performance standards contained herein;
      (4)   The proposed use will not tend to or actually depreciate the area in which it is proposed;
      (5)   The proposed use can be accommodated with existing public services and will not overburden the city's service capacity; and
      (6)   All other or future factors as the city shall deem a prerequisite of consideration in determining the effect of the use on the general welfare and public health and safety.
   (D)   Conditions.
      (1)   In reviewing applications for CUPs, the Planning Commission and Council may impose any reasonable conditions deemed necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of property within the district, and to achieve the goals and objectives of the comprehensive plan. Such conditions may include, but are not limited to, the following:
         (a)   Controlling the number, area, bulk, height, and location of such uses;
         (b)   Regulating ingress and egress to the property and the proposed structures thereon with particular reference to vehicle and pedestrian safety and convenience, traffic flow and control, and access in case of fire or other catastrophe;
         (c)   Regulating off-street parking and loading areas where required;
         (d)   Regulating utilities with reference to location availability and compatibility;
         (e)   Requiring berming, fencing, screening, landscaping, or other means to protect nearby property;
         (f)   Requiring compatibility of appearance; and
         (g)   Meeting the intent of other city zoning ordinances or code provisions.
      (2)   In determining such conditions, special consideration shall be given to protecting immediately adjacent properties from objectionable views, noise, traffic, and other negative characteristics associated with such uses.
   (E)   Lapse of CUP by non-use.
      (1)   Whenever within one year after granting a CUP the use as permitted by the permit has not commenced, then such permit shall become null and void unless a petition for an extension of time in which to commence the use has been granted by the City Council.
         (a)   Such extension shall be requested in writing and filed with the Zoning Administrator at least 30 days before the expiration of the original CUP.
         (b)   There shall be no charge for the filing of such petition.
         (c)   The request for extension shall state facts showing a good faith attempt to commence the use permitted in the CUP.
         (d)   Such petition shall be presented to the Planning Commission for a recommendation and to the City Council for a decision.
   (F)   Security.
      (1)   Except in the case of non-income-producing residential property, upon approval of a CUP, the city shall be provided with a letter of credit, cash escrow, certificate of deposit, securities, or cash deposit prior to the issuing of building permits or initiation of work on the proposed improvements or development. Said security shall be non-cancelable and shall guarantee conformance and compliance with the conditions of the CUP and the ordinances and code provisions of the city.
      (2)   The security shall be in the amount of 1½ times the City Engineer's or a certified appraiser's estimated costs of labor and materials for the proposed improvements or development. The project can be handled in stages upon the discretion of the City Engineer and Building Official.
      (3)   The city shall hold the security until completion of the proposed improvements or development and a certificate of occupancy indicating compliance with the CUP and ordinances and code provisions of the city has been issued by the City Building Official.
      (4)   Failure to comply with the conditional use permit or the ordinances or code provisions of the city shall result in forfeiture of the security for action necessary on the part of the city to correct problems or de ciencies.
(Ord. 2402, passed 12-10-24)

§ 155.095 INTERIM USE PERMIT (IUP).

   (A)   Purpose. The purpose and intent of allowing interim uses is to allow a use:
      (1)   For a limited period of time that reasonably utilizes the property where it is not reasonable to utilize it in the manner provided in the comprehensive plan; and
      (2)   That is presently acceptable but that, with anticipated development, will not be acceptable in the future.
   (B)   Procedure. The application for an IUP shall be made and processed using the same procedure as outlined in § 155.091.
   (C)   Standards. The Planning Commission shall recommend an IUP, and the Council shall issue such
IUP, only if they find that such use at the proposed location:
      (1)   Meets the standards of CUP set forth in § 155.094;
      (2)   Will terminate upon a date or event that can be identified with certainty;
      (3)   Will not impose, by agreement, additional costs on the public if it is necessary for the public to take the property in the future; and
      (4)   Will be subjected to, by agreement with the owner, any conditions that the City Council has deemed appropriate for permission of the use, including a condition that the owner will provide an appropriate financial surety to cover the cost of removing the interim use and any interim structures upon the expiration of the interim use permit.
   (D)   Termination. An IUP shall terminate upon the occurrence of any of the following events, whichever first occurs:
      (1)   The date stated in the permit;
      (2)   A violation of conditions under which the permit was issued;
      (3)   The occurrence of an event outlined in the permit that terminates the interim use; or
      (4)   The discontinuance of the use for a minimum of six months.
(Ord. 2402, passed 12-10-24)

§ 155.096 VARIANCE.

   (A)   The Planning Commission shall be the Board of Adjustments and Appeals as provided for by M.S. § 462.354, Subd. 2, and shall have the power and authority to grant variances from any official control including restrictions placed on nonconformities and to impose such conditions in the granting of variances which are directly related to and bear a rough proportionality to the impact created by the variance.
   (B)   Purpose. The purpose of this section is to provide for a process for granting variances from the literal provisions of this chapter in instances where it is established by the applicant that a non-economic practical difficulty in the reasonable use of a specific parcel of property exists and the requirements of this section have been met.
   (C)   Procedure. The application for a variance shall be made and processed using the following procedure:
      (1)   Applicant shall submit a complete application including an application form, fee, and any necessary materials.
      (2)   Application for a variance shall set forth reasons that the variance is justified in order to make reasonable use of the land, structure, or building, and that the variance is the minimum variance.
      (3)   A public hearing shall be required prior to Planning Commission's decision on the issuance of a variance.
         (a)   Written notice shall be mailed by the Zoning Administrator, or its designee, to the applicant and all landowners abutting the subject property of the proposed variance at least ten days before the Planning Commission considers the application for the variance.
         (b)   The notice shall contain a brief description of variance sought, along with notice of the date, time, and place of the Planning Commission meeting wherein the variance will be considered.
         (c)   Failure of the Zoning Administrator to comply with the notice provisions of this section shall not affect the validity of any subsequent proceedings.
      (4)   The Planning Commission shall render a decision on the variance application within 60 days from the date upon which the application was deemed complete unless extended as permitted by M.S. § 15.99 and any amendments thereto.
   (D)   Requirements for variance approval.
      (1)   In considering all requests for a variance, the Planning Commission shall make findings of fact that the proposed action complies with the requirements of M.S. § 462.357 and any amendments thereto, which include but are not limited to:
         (a)   Variances shall only be permitted when they meet the following:
            1.   They are in harmony with the general purposes and intent of the ordinance; and
            2.   The variances are consistent with the comprehensive plan.
         (b)   Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance.
         (c)   PRACTICAL DIFFICULTIES as used in connection with the granting of a variance, means that:
            1.   The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; and
            2.   The plight of the landowner is due to circumstances unique to the property not created by the landowner;
            3.   The variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems.
      (2)   The Planning Commission may not permit as a variance any use that is not allowed under the zoning ordinance for property in the zone where the affected person's land is located.
      (3)   The Planning Commission may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance.
   (E)   Lapse of variance; requests for extension. Whenever within one year after granting a variance the construction of the improvements permitted by the variance has not substantially commenced, then such variance shall become null and void unless a petition for extension of time in which to complete or to utilize the use has been granted by the City Council.
      (1)   Such extension shall be requested in writing and led with the Zoning Administrator at least 30 days before the expiration of the original variance.
      (2)   The request for extension shall state facts showing a good faith attempt to commence construction of the improvements permitted in the variance.
   (F)   Security. In such cases as a variance is approved contingent upon certain conditions imposed by the Council, the Council may require a performance bond to be provided as specified in § 155.094(F).
(Ord. 2402, passed 12-0-24)

§ 155.097 ZONING CODE TEXT OR MAP AMENDMENT.

   (A)   Purpose. Whenever the public necessity, convenience, general welfare, or good zoning practice requires, the city may, by ordinance:
      (1)   Amend, change, or supplement the text of the regulations established by this chapter or amendments thereto; or
      (2)   Change the district boundaries established by this chapter and the Zoning Map incorporated herein.
   (B)   Procedure. The application for a text or map amendment shall be made and processed using the same procedure as outlined in § 155.091.
      (1)   The City Council may adopt and amend a zoning ordinance by a majority vote of all its members. The adoption or amendment of any portion of a zoning ordinance which changes all or part of the existing classification of a zoning district from residential to either commercial or industrial requires a two-thirds majority vote of the City Council.
      (2)   A zoning code amendment shall not become effective until such time as the City Council approves an ordinance or code provision reflecting the amendment and after the ordinance or code provision is published in the official newspaper.
   (C)   The City Council shall consider possible adverse effects of the proposed amendment. Its judgment shall be based upon (but not limited to) the following criteria:
      (1)   The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan;
      (2)   The proposed use is or will be compatible with present and future land uses of the area;
      (3)   The proposed use conforms with all performance standards contained herein;
      (4)   The proposed use will not tend to or actually depreciate the area in which it is proposed; and
      (5)   The proposed use can be accommodated with existing public services and will not overburden the city's service capacity.
(Ord. 2402, passed 12-10-24)

§ 155.098 PROCEDURE FOR PROCESSING A PLANNED UNIT DEVELOPMENT (PUD).

   (A)   Application conference. Prior to filing an application for PUD, the applicant shall arrange for and attend a conference with the Zoning Administrator. At such conference, the applicant shall be prepared to generally describe the proposal for a PUD. The primary purpose of the conference is to provide the applicant with an opportunity to gather information and obtain guidance as to the general suitability of the proposal for the area and its conformity to the provisions of this chapter before incurring substantial expense.
   (B)   Review stages. Three review stages are required: PUD Concept Plan, Preliminary PUD Plan and Final PUD Plan.
   (C)   PUD Concept Plan.
      (1)   Purpose. The PUD Concept Plan provides an opportunity for the applicant to submit a plan to the city showing the basic intent and the general nature of the entire development without incurring substantial cost. This Concept Plan serves as the basis for public review so that the proposal may be considered at an early stage. The following elements of the proposed general concept plan represent the immediately significant elements, which the city shall review and provide direction on:
         (a)   Overall maximum PUD density range.
         (b)   General location of major streets and pedestrian ways.
         (c)   General location and extent of public and common open space.
         (d)   General location of residential and nonresidential land uses with approximate type and intensities of development.
         (e)   Staging and time schedule of development.
         (f)   Other special criteria for development.
      (2)   Process.
         (a)   Applicant meets with the Zoning Administrator to discuss the proposed development.
         (b)   Applicant submits plans and supporting information to sufficiently portray the proposed development.
         (c)   The Planning Commission shall review the concept plan and provide feedback to the applicant.
         (d)   The City Council shall review the concept plan and provide feedback to the applicant.
         (e)   This process is intended to inform the applicant of the purpose and objectives of these regulations, the comprehensive plan, and duly adopted plan implementation devices of the city. Discussions that occur as part of the concept plan process are not binding on the city and do not constitute official assurances or representations on the city.
   (D)   Preliminary PUD Plan.
      (1)   Purpose. The purpose of the Preliminary PUD Plan is to provide a specific and particular plan and Preliminary Plat upon which the Planning Commission will hold a public hearing and make a recommendation to the City Council.
      (2)   Process.
         (a)   Within six months of review of the PUD Concept Plan, the applicant shall file an application for Preliminary PUD Plan approval with the Zoning Administrator.
            1.   This application shall consist of the information and submissions required by § 151.091(B).
         (b)   The application for the Preliminary PUD Plan shall be reviewed following the process established in § 155.091(C) except that notice shall be mailed to all property owners within 350 feet of the boundary of the property in question.
         (c)   Upon approval of the Preliminary PUD Plan by the City Council, the following may occur:
            1.   The applicant may proceed to prepare a Final PUD Plan. A Final PUD Plan shall be filed within six months from the date of Preliminary PUD Plan approval, or the Preliminary PUD Plan approval shall expire. Upon application by the applicant, the Council may extend the filing deadline for any Final Plan for not more than six months when, for good cause shown, such extension is necessary.
            2.   The applicant may, pursuant to the applicable ordinances of the city, apply for, and the City Engineer may issue, grading permits for the area within the PUD for which Preliminary PUD Plan approval has been given.
   (E)   Final PUD Plan.
      (1)   Purpose. The Final PUD Plan is to serve as a complete, thorough and permanent public record of the PUD and the manner in which it is to be developed. It shall incorporate all prior approved plans and all approved modi cations thereof resulting from the PUD process. It shall serve in conjunction with other city ordinances as the land use regulation applicable to the PUD. The Final PUD Plan is intended only to add detail to, and to put in final form, the information contained in the Preliminary PUD Plan and shall conform to the Preliminary PUD Plan in all respects.
      (2)   The submission may be for the entire PUD, or for one or more stages thereof in accordance with a staging plan approved as part of the Preliminary PUD Plan.
      (3)   The Final PUD Plan shall refine, implement, and be in substantial conformity with the approved Preliminary PUD Plan. A Final PUD Plan shall be deemed not to be in substantial conformity with an approved Preliminary PUD Plan if it:
         (a)   Departs by more than 5% from the maximum density approved for the PUD or exceeds the implied maximum density established by the comprehensive plan for the area in which the PUD will be located.
         (b)   Decreases by more than 5% the area approved for public and common open space or changes the general location of such areas.
         (c)   Relocates approved circulation elements to any extent that would decrease their functionality, adversely affect their relation to surrounding lands and circulation elements or reduce their effectiveness as buffers or amenities.
         (d)   Significantly alters the arrangement of land uses within the PUD.
         (e)   Delays by more than one year any stage of an approved staging plan.
         (f)   Departs from the Preliminary PUD Plan in any other manner which the Planning Commission shall, based on stated findings and conclusions, find to materially alter the plan for the proposed PUD.
      (4)   Process.
         (a)   Upon approval of the Preliminary PUD Plan, the applicant shall file with the Zoning Administrator a Final PUD Plan within 12 months for the entire PUD or for one or more stages. This application will be considered at the next possible regular City Council meeting.
         (b)   Within 60 days, the City Council shall grant approval or denial of the request.
         (c)   Within 120 days of its approval, the applicant shall cause the Final PUD Plan, or such portions thereof as are appropriate, to be recorded with the Wright County Recorder or Registrar of Titles. The applicant shall provide the city with a signed copy verifying county recording within 40 days of the date of approval.
         (d)   The Zoning Administrator shall instruct the City Attorney to draw up a PUD Agreement, which stipulates the specific terms and conditions approved by the City Council and accepted by the applicant. This agreement shall be signed by the Mayor, City Administrator, and the applicant within 120 days of City Council approval of the Final PUD Plan. In all cases, a certified copy of the document evidencing City Council action shall be promptly delivered to the applicant by the Zoning Administrator.
         (e)   Building and other permits. Except as otherwise expressly provided herein, upon receiving notice from the Zoning Administrator that the approved Final PUD Plan has been recorded and upon application of the applicant pursuant to the applicable ordinances of the city, all appropriate officials of the city may issue building and other permits to the applicant for development, construction and other work in the area.
         (f)   Limitation on Final Plan approval. Within one year after the approval of a Final Plan for PUD, or such shorter time as may be established by the approved development schedule, construction shall commence in accordance with such approved plan. Failure to commence construction within such period shall automatically render void the PUD permit and all approvals of the PUD plan unless an extension shall have been granted as hereinafter provided. The time limit established by this division may, at the discretion of the City Council, be extended for not more than one year by resolution duly adopted.
         (g)   Inspections during development.
            1.   Following Final PUD Plan approval, the Zoning Administrator shall annually review all permits issued and construction undertaken and compare actual development with the approved development schedule.
            2.   If the Zoning Administrator finds that development is not proceeding in accordance with the approved schedule, or that it fails in any other respect to comply with the PUD plans as finally approved, he or she shall immediately notify the City Council. Within 30 days of such notice, the City Council shall:
               a.   By ordinance revoke the PUD permit, and the land shall thereafter be governed by the regulations applicable in the district in which it is located;
               b.   Take such steps as it shall deem necessary to compel compliance with the Final Plans as approved; or
               c.   Shall require the landowner or applicant to seek an amendment of the Final Plan.
(Ord. 2402, passed 12-10-24)

§ 155.099 ENFORCEMENT.

   (A)   Except as otherwise provided, this chapter shall be administered and enforced by the Zoning Administrator who is appointed by the City Council.
   (B)   Except as otherwise provided, the Zoning Administrator may institute in the name of the city any appropriate actions or proceedings against a violator as provided by statute, chapter, or ordinance.
   (C)   Penalty.
      (1)   Except as otherwise provided, any person who violates any of the provisions of this chapter shall, upon conviction thereof, be fined not more than the maximum penalty for a misdemeanor prescribed under state law. Each day that a violation is permitted to exist shall constitute a separate offense.
      (2)   A violation of §§ 155.081 et seq. shall be a misdemeanor, punishable according to law. Each day that a violation is permitted to exist shall constitute a separate offense. In addition thereto, the city may seek injunctive relief in the County District Court to require conformance with §§ 155.081 et seq. All costs and reasonable attorney fees incurred by the city in enforcing the provisions of §§ 155.081 et seq. shall be paid by the violator of those sections.
(Ord. 2402, passed 12-10-24)