(a)

The zoning districts are so designed as to assist in carrying out the intents and purposes of the comprehensive plan, which has the purpose of protecting the public health, safety, convenience and general welfare. All of the districts herein named may be subject to the Staples Municipal Airport Zoning Ordinance.

(b)

For the purposes of this chapter, the city is hereby divided into the following zoning districts:

(Prior Code, § 5.6.05(a))

(a)

The location and boundaries of the districts established by this chapter are set forth on the official zoning map which is hereby incorporated as part of this chapter and which is on file with the zoning administrator's office.

(b)

District boundary lines as indicated on the zoning map follow lot lines, rights-of-way or centerlines of streets or alleys, rights-of-way or centerlines of streets or alleys projected, railroad right-of-way lines, the corporate limit lines, all as they exist upon the effective date of the ordinance from which this chapter is derived. If said boundary lines do not follow any of the above, the district boundary lines are drawn as on the zoning map.

(c)

Any land which may be annexed to the city in the future shall be placed in the R-1 Urban Residential District until such time that the city council amends the zoning district, provided the city council does not designate the zoning districts for said parcel at the time of annexation.

(Prior Code, § 5.6.05(b))

(a)

Purpose. This district is established to maintain and promote residential development in designated areas.

(b)

Permitted uses. Only one of the following permitted uses shall be permitted on a lot:

(1)

Single-family dwelling units.

(2)

Plant nurseries or greenhouses; farms or truck gardens, but no retail stand for the display or sale of agricultural products or any other commercial structure shall be located thereon without a conditional use permit.

(3)

Public parks and playgrounds; golf courses or clubs.

(4)

Churches, libraries, museums, schools and memorial buildings.

(5)

Essential services: telephone, telegraph, power lines and necessary appurtenant equipment and structures.

(6)

Signs, subject to the standards in section 109-123.

(7)

Manufactured/mobile homes, subject to the standards in section 109-118.

(8)

Private garages.

(9)

Licensed state residential facilities.

(10)

Licensed day care facilities.

(11)

Licensed adult day care facilities.

(c)

Accessory uses. The following incidental structures or buildings necessary to the conduct of a permitted use, including:

(1)

Accessory buildings.

(2)

Carports.

(3)

Screen houses.

(4)

Detached private garages, where a single-family dwelling unit already exists and no attached garage exists, for use of occupants of the principal structure.

(5)

Hoop house, which must remain erected for no more than 180 days during any calendar year.

(6)

Solar energy system or solar structures.

(d)

Conditional uses.

(1)

Two-family dwellings.

(2)

Day nurseries and nursery schools.

(3)

Accessory buildings greater than 1,200 square feet.

(4)

Home occupations.

(5)

Planned unit development.

(6)

Reserved.

(7)

Any other use of the same character as those listed as permitted uses.

(e)

Minimum lot requirements and setbacks (principal structure).

(1)

Lot size.

a.

With public sewer and water: 9,000 square feet.

b.

With public sewer or water: 11,000 square feet.

c.

No public sewer: 22,000 square feet.

For more than two units, add 4,000 square feet for each additional unit.

(2)

Lot width: 75 feet.

(3)

Front yard setback: 25 feet.

a.

Detached private garages, only when a garage is not already attached to the principal structure: minimum 25 feet or in line with the front of the residential dwelling, whichever is greater.

b.

Replacement and expansion of existing front steps may be permitted, provided the expansion does not increase the existing encroachment in a perpendicular direction from the principal structure.

(4)

Rear yard setback: 30 feet.

(5)

Side yard: Ten feet.

(6)

Side yard of corner lot: 15 feet.

(7)

Maximum height: 2½ stories or 35 feet (excluding private garages).

(8)

Maximum lot coverage: 35 percent.

(9)

Additions to existing structures may be made without obtaining a variance if the side, rear, or front yard requirements are not reduced from the dimensions in existence due to the existing structure. An addition shall have the same or similar finish. Where adjacent structures have front yard setbacks less than those required, the minimum front yard setback shall be the average setback of such structures. Accessory buildings shall be located in the rear of a lot and shall be located no closer than ten feet from side and five feet from rear property lines.

(f)

Minimum dimensions of single-family dwelling units.

(1)

Width: 24 feet or more.

(2)

Minimum floor area of 800 square feet.

(g)

Prohibited uses. Tarps, pop up sheds and other similar structures are prohibited. Any existing structures meeting this description may not be replaced.

(h)

General regulations. Additional requirements for parking, signs, fencing, sewage systems and other items are set forth in article IV of this chapter.

(Prior Code, § 5.6.05(c); Ord. No. 522, § 5.6.05(c), 10-8-2019; Ord. No. 530, 5-11-2021)

(a)

Purpose. This district is created to allow multifamily dwellings including apartments and townhouses in appropriate areas of the city.

(b)

Permitted uses.

(1)

Apartments.

(2)

Residential condominiums.

(3)

Two-family dwellings.

(4)

All uses permitted in the R-1 district.

(c)

Accessory uses. All accessory uses permitted in the R-1 district.

(d)

Conditional uses.

(1)

Funeral homes, crematoria and cemeteries.

(2)

Hospital, clinics, sanatoriums, public and semi-public buildings, such as city hall, fire and police stations.

(3)

Rest homes, boarding and nursery schools.

(4)

All other conditional uses permitted in the R-1 district.

(e)

Minimum lot requirements and setbacks (principal structure).

(1)

Lot size.

a.

Single-family: 9,000 square feet.

b.

Duplex: 9,000 square feet.

c.

Multifamily: For more than two units, add 3,000 square feet for each additional unit.

(2)

Lot width: 75 feet.

(3)

Front yard setback: 25 feet.

(4)

Rear yard setback: 30 feet.

(5)

Side yard: Ten feet.

(6)

The common walls of common wall dwellings are exempt.

(7)

Side yard of corner lot: Ten feet.

(8)

Maximum height: Three stories or 40 feet.

(9)

Maximum lot coverage: 35 percent.

(10)

Additions to existing structures may be made without obtaining a variance if the side, rear, or front yard requirements are not reduced from the dimensions in existence due to the existing structure.

(f)

Minimum floor area and dimensions.

(1)

Multifamily dwellings of three or more families.

a.

Efficiency: 500 square feet.

b.

One-bedroom: 600 square feet.

c.

Two-bedroom: 750 square feet.

d.

Three-bedroom: 1,000 square feet.

Each additional bedroom shall require 250 square feet of additional minimum floor area.

(2)

Single-family dwellings.

a.

One-story with basement: 800 square feet.

b.

One-story without basement: 1,000 square feet.

c.

Split level: 960 square feet.

d.

Split entry: 816 square feet.

e.

Width of 24 feet or more.

(g)

General regulations. Additional requirements for parking, signs, fencing, sewage systems and other items are set forth in article IV of this chapter.

(Prior Code, § 5.6.05(e); Ord. No. 522, § 5.6.05(e), 10-8-2019)

(a)

Purpose. This district is created to allow mobile/manufactured home parks in areas of the city. All mobile/manufactured homes shall be located in these parks only. Mobile/manufactured home parks shall provide ingress and egress roadways, storm shelters, open space for playgrounds, recreation and park purposes, necessary sewer, water, electricity, and refuse services.

(b)

Minimum lot requirements and setbacks.

(1)

Lot size: Each mobile home site shall contain at least 5,000 square feet of land area for the exclusive use of the occupant.

(2)

Lot width: 50 feet.

(3)

Front yard setback: 20 feet.

(4)

Rear yard setback: 25 feet.

(5)

Side yard: Ten feet.

(6)

Maximum lot coverage: The area occupied by a mobile/manufactured home shall not exceed 30 percent of the total area of the mobile home site.

(7)

An accessory structure such as an awning, cabana, storage structure, carport, windbreak or roofed porch, solar energy system or solar structure shall be considered to be a part of the mobile/manufactured home.

(Prior Code, § 5.6.05(f); Ord. No. 530, 5-11-2021)

(a)

Purpose. The purpose of this district is to foster business growth and development.

(b)

Permitted uses.

(1)

Commercial establishments offering merchandise or services to the public. Such establishments to include, but not be limited to, the following:

a.

Retail establishments such as groceries, hardware, drug, clothing, furniture stores, eating and drinking places, farm implement dealers, drive-in restaurants and businesses, recreation equipment sales, automobile sales lots, bait and sporting goods shops, lumber yards and construction materials sales, and garden and landscaping sales and services.

b.

Personal services such as laundries, barbers, shoe repair shops and photography studios.

c.

Professional services such as medical and dental clinics, architects and attorney offices.

d.

Repair services such as jewelry, radio and television repair shops.

e.

Finance, insurance and real estate services.

f.

Entertainment and amusement services such as motion picture theaters and bowling alleys.

(2)

Public and semi-public buildings such as the post office, city hall, fire stations and police stations.

(3)

Private clubs.

(4)

Apartments and condominiums, provided they are located above the first floor.

(5)

Automobile parking lots.

(6)

On-sale, off-sale, brewer taprooms and microdistillery liquor establishments.

(7)

Motels and hotels.

(8)

Improvements to existing residential land uses subject to residential setbacks.

(9)

Low-potency edibles businesses.

(c)

Accessory uses. Uses incidental to the principal use such as off-street parking, loading and unloading areas, solar energy system or solar structures and storage of merchandise.

(d)

Conditional uses.

(1)

Warehousing and wholesaling.

(2)

Reserved.

(3)

Manufacturing, process packaging, or assembly of products and materials.

(4)

Residential land uses not listed under permitted uses.

(5)

Recreational facilities.

(6)

Automobile service stations and washing services.

(7)

Funeral homes and crematoria.

(8)

Retail establishments, offices and other businesses, which in the opinion of the planning and zoning commission and city meet the purposes of the district.

(9)

Cannabis businesses licensed or endorsed for cannabis retail.

(e)

Minimum lot requirements and setbacks.

(1)

Lot area regulations: 2,000 square feet.

(2)

Lot width: 20 feet.

(3)

Front yard setback: None required.

(4)

Rear yard setback: None required. Ten feet if adjacent to residential.

(5)

Side yard: None required. Ten feet if adjacent to residential.

(6)

Parking: Any building or use shall comply with the off-street parking requirements as provided for in section 109-122.

(7)

Maximum height: 60 feet.

(8)

No cannabis business may operate within 1,000 feet of a school or another cannabis retail business or 500 feet of a day care. residential treatment facility or an attraction within a public park that is regularly used by minors. including a playground or athletic field.

a.

Pursuant to Minn. Stats. § 462.357 subd. 1e, nothing in this section shall prohibit an active cannabis business or a cannabis business seeking registration from continuing operation at the same site if a school, day care, residential treatment facility or an attraction within a public park that is regularly used by minors, including a playground or athletic field moves within the minimum buffer zone.

(f)

Service streets.

(1)

To the extent possible, a service street shall be located between the arterial street and the business establishment. The service street shall provide access to the arterial street subject to service street standards required by the city. Service street traffic shall not be routed on or directed to local residential streets.

(2)

Service street standards.

a.

Each service street shall have a minimum of 50 feet of right-of-way exclusive of adjoining principal arterial right-of-way.

b.

Each service street shall be at least 24 feet wide and must be surfaced.

c.

Two-way traffic shall be allowed on service streets.

d.

No parking shall be allowed on service streets.

e.

Access from service streets to principal arterials shall be no more frequent than one access for each 500 feet of principal arterial frontage.

f.

Service streets shall be dedicated to the city.

(Prior Code, § 5.6.05(g); Ord. No. 523, § 2, 11-26-2019; Ord. No. 530, 5-11-2021; Ord. No. 551, § 1, 12-10-2024)

(a)

Purpose. This district is intended to provide for compact, limited and highway oriented industries and industrial uses that may suitably be located in areas of relatively close proximity to non-industrial development. As such, industries that pose problems of air pollution, noise, vibrations, etc., will be restricted from this district.

(b)

Permitted uses.

(1)

Reserved.

(2)

Any production, processing, cleaning, servicing, testing, repair or storage of materials, goods or products which is not stated as a conditional or prohibited use provided said industry can conform to prescribed performance standards and is not impervious or offensive to the occupants or adjacent premises.

(3)

Transportation or freight terminal.

(4)

Wholesale business.

(5)

Warehouse.

(6)

Public service buildings.

(7)

Public vehicle garage.

(8)

Essential services: Telephone, telegraph and power distribution poles and lines.

(c)

Accessory uses. Any incidental repair, processing, solar energy systems and solar structures, or storage necessary to conduct a permitted principal use.

(d)

Conditional uses.

(1)

Restaurants.

(2)

Retail trade.

(3)

Mining and extraction.

(4)

Cannabis businesses licensed or endorsed for cannabis manufacturer.

(5)

Businesses licensed or endorsed for low-potency hemp edible manufacturer.

(6)

Cannabis businesses licensed or endorsed for wholesale.

(7)

Cannabis businesses licensed or endorsed for transportation.

(8)

Cannabis businesses licensed or endorsed for delivery.

(e)

Prohibited uses.

(1)

Distillation of bone, coal, tar, petroleum, grain or wood.

(2)

Manufacturing or bulk storage of explosives.

(3)

Fertilizer manufacturing, compost or storage processing of garbage, offal, dead animals, refuse, or rancid fats.

(4)

Livestock feeding yards or slaughterhouses, or processing plants.

(5)

Manufacturing, refining, or processing of chemicals.

(6)

Junk yards.

(7)

Any industry, that creates an excessive odor, noise, or air environmental pollution problem.

(f)

Minimum lot requirement and setbacks.

(1)

Lot area: 10,000 square feet.

(2)

Lot width: 100 feet.

(3)

Front yard setback: 30 feet.

(4)

Rear yard setback: 20 feet.

(5)

Side yard, interior lot: five feet.

(6)

Side yard, corner lot: 20 feet.

(7)

Maximum height: 60 feet.

(8)

Maximum lot coverage: 40 percent.

(9)

No cannabis business may operate within 1,000 feet of a school or another cannabis retail business or 500 feet of a day care. residential treatment facility or an attraction within a public park that is regularly used by minors, including a playground or athletic field.

a.

Pursuant to Minn. Stats. § 462.357 subd. 1e, nothing in this section shall prohibit an active cannabis business or a cannabis business seeking registration from continuing operation at the same site if a school, day care, residential treatment facility or an attraction within a public park that is regularly used by minors, including a plavground or athletic field moves within the minimum buffer zone.

(g)

Industrial performance standards.

(1)

Noise, odors, smoke and particulate matter may not exceed state pollution control standards.

(2)

All fabrication, manufacturing processing or production shall be undertaken within an enclosed building.

(3)

Screening from public streets and residential districts shall be provided for outdoor storage of materials, goods, parking and loading areas. The screening may consist of either a fence, dense hedge, berms or similar opaque materials. Screening shall be maintained by the property owner and replaced if plants die or are damaged.

(h)

General regulations. Requirements and standards for signs, parking, etc., as set forth in article IV of this chapter.

(Prior Code, § 5.6.05(i); Ord. No. 530, 5-11-2021; Ord. No. 551, § 1, 12-10-2024)

(a)

Purpose. This district is created to allow general industry which, due to their nature and size, do not conform to the standards and criteria of limited industry.

(b)

Permitted uses.

(1)

Reserved.

(2)

Any production, processing, cleaning, servicing, testing, repair or storage of materials, goods or products subject to the performance standards set forth in this section.

(3)

Motor freight terminals.

(4)

Highway maintenance shops and yards.

(5)

Public utility buildings.

(6)

Essential services: Telephone, telegraph and power distribution poles and lines.

(7)

All industry permitted in the I-1 district, subject to the performance standards set forth in this section.

(c)

Accessory uses. Any incidental repair, processing, solar energy systems and solar structures, or storage necessary to conduct a permitted principal use.

(d)

Conditional uses.

(1)

Manufacturing, refining, processing of chemicals.

(2)

Junk yards or salvage yards.

(3)

Extracting, processing and storage of sand, gravel, stone or other raw materials.

(4)

Fertilizer manufacturing, compaction, storage, or processing of garbage.

(5)

Livestock slaughter houses or processing plants.

(6)

Cannabis businesses licensed or endorsed for cannabis manufacturer.

(7)

Businesses licensed or endorsed for low-potency hemp edible manufacturer.

(8)

Cannabis businesses licensed or endorsed for wholesale.

(9)

Cannabis businesses licensed or endorsed for transportation.

(10)

Cannabis businesses licensed or endorsed for delivery.

(e)

Minimum lot requirements and setbacks.

(1)

Lot area: 10,000 square feet.

(2)

Lot width: 100 feet.

(3)

Front yard setback: 30 feet.

(4)

Rear yard setback: 20 feet.

(5)

Side yard, interior lot: Five feet.

(6)

Side yard, corner lot: 20 feet.

(7)

Maximum height: 60 feet.

(8)

Maximum lot coverage: 50 percent.

(9)

No cannabis business may operate within 1,000 feet of a school or another cannabis retail business or 500 feet of a day care, residential treatment facility or an attraction within a public park that is regularly used by minors, including a playground or athletic field.

a.

Pursuant to Minn. Stats. § 462.357 subd. 1e, nothing in this section shall prohibit an active cannabis business or a cannabis business seeking registration from continuing operation at the same site if a school, day care, residential treatment facility or an attraction within a public park that is regularly used by minors, including a playground or athletic field moves within the minimum buffer zone.

(f)

Industrial performance standards.

(1)

Noise, odors, smoke and particulate matter may not exceed state pollution control standards.

(2)

All fabrication, manufacturing, processing or production shall be undertaken within an enclosed building.

(3)

Screening from public streets and residential districts shall be provided for outdoor storage of materials, goods, parking and loading areas. The screening may consist of either a fence, dense hedge, berms or similar opaque materials. Screening shall be maintained by the property owner and replaced if plants die or are damaged.

(g)

General regulations. Requirements and standards for signs, parking, etc., as set forth in article IV of this chapter.

(Prior Code, § 5.6.05(j); Ord. No. 530, 5-11-2021; Ord. No. 551, § 1, 12-10-2024)

(a)

Purpose. This district is established to allow agricultural use within the city limits.

(b)

Permitted uses.

(1)

Firearms for hunting and predatory control subject to all state and federal laws and regulations.

(2)

Commercial agriculture and horticulture.

(3)

Farm buildings and structures.

(4)

Single-family residential structures.

(5)

Farm drainage and irrigation systems.

(6)

Roadside stand for the sale of agriculture products.

(7)

Historic sites.

(8)

Public recreation.

(9)

Agricultural feedlots, provided that no agricultural feedlot shall be located within 2,500 feet of a residential district.

(10)

Essential services: Telephone, power lines and necessary appurtenant equipment and structures.

(11)

Churches and schools.

(12)

City buildings.

(13)

Home occupations.

(c)

Accessory uses. Any incidental structures, buildings or machinery necessary to the conduct of a permitted use, including private garages, carports, screen houses, storage buildings, solar energy systems and solar structures for use of occupants of the principal structures.

(d)

Conditional uses.

(1)

Cemeteries.

(2)

Agricultural products, livestock processing plants and commercial feedlots.

(3)

Mobile home parks.

(4)

Nursery and garden supplies.

(5)

Mining, sand, and gravel operations.

(6)

Nursing homes, hospitals and other buildings used for the treatment of human ailments.

(7)

Cannabis businesses licensed or endorsed for cultivation.

(e)

Minimum lot requirements and setbacks.

(1)

Lot area: 2½ acres.

(2)

Lot width: 300 feet.

(3)

Front yard setback: 50 feet.

(4)

Rear yard setback: 50 feet.

(5)

Side yard, interior lot: 30 feet.

(6)

Side yard, comer lot: 50 feet.

(7)

Maximum height: 2½ stories or 35 feet.

(8)

No cannabis business may operate within 1,000 feet of a school or another cannabis retail business or 500 feet of a day care, residential treatment facility or an attraction within a public park that is regularly used by minors, including a playground or athletic field.

a.

Pursuant to Minn. Stats. § 462.357 subd. 1e, nothing this section shall prohibit an active cannabis business or a cannabis business seeking registration from continuing operation at the same site if a school, day care, residential treatment facility or an attraction within a public park that is regularly used by minors, including a playground or athletic field moves within the minimum buffer zone.

This height limitation shall not apply to grain elevators, silos, windmills, elevator lags, cooling towers, chimneys, and smokestacks, church spires, antennas and towers.

(Prior Code, § 5.6.05(k); Ord. No. 530, 5-11-2021; Ord. No. 551, § 1, 12-10-2024)

(a)

Intent and purpose. The Business Corridor Overlay District provides a higher standard of appearance for the business corridor which serves as the main east/west entrance to the community by establishing minimum standards for buildings and the properties located within the district. The city council finds that requiring compliance with certain minimum standards in the designated business areas of the city, which are highly visible to those entering the city, will contribute to the community's positive image, encourage travelers to stop and visit businesses in the city, and promote additional economic development in the area. These standards are further intended to ensure the coordinated design of buildings, building additions and accessory structure exteriors in order to prevent visual disharmony, minimize adverse impacts on adjacent properties from buildings which are or may become unsightly, and prevent the construction of buildings that detract from the character and appearance of the area. It is not the intent of the city to unduly restrict design freedom when reviewing and approving a project's architecture in relationship to the proposed land use, site characteristics and interior building layout.

(b)

Scope; applicability.

(1)

This overlay district shall apply to all properties zoned B-1 (business district) located north of the BNSF Railroad tracks and south of 3rd Avenue North as shown on the city's zoning map.

(2)

As of August 1, 2009, all additions and exterior alterations made to existing buildings and construction of accessory buildings in this district shall be constructed of materials comparable to those used in the original construction, shall be designed in a manner conforming to the original building's architectural design and appearance, and shall meet all other standards set forth in this section and this chapter generally. The standards contained in this section shall also apply to the construction of new buildings and to the reconstruction of existing buildings.

(3)

If a property is adjacent to more than one roadway, the roadway with a higher transportation functional classification shall be considered the primary roadway for the purposes of this section. If the roadways have the same functional classification, the one which regularly receives more traffic will be considered the primary roadway.

(c)

Performance standards. Performance standards are established for this district to achieve an attractive area consistent with the purpose of this district and to ensure that land uses, buildings and functions are compatible within the district. Additional standards may be identified by the city during the review and approval process due to the particular characteristics of each site, the proposed development of the site and the uses on adjacent property. The plans and proposed use of a property shall conform to the performance standards prior to approval of a building or zoning permit. The applicant or owner shall supply plans and data necessary to demonstrate such conformance. Unless otherwise noted in this section, the standards of the underlying zoning district shall apply unless more restrictive standards apply per this section.

(1)

Building and site design.

a.

In general, buildings constructed shall be attractive and be composed of materials that will maintain their appearance over the expected life of the building. All exterior walls of buildings shall be of a consistent quality.

b.

Main entrances of buildings shall be emphasized by being recessed into the building, projecting from the building, by accent materials, or by a change in grade.

c.

Exterior building walls that are greater than 60 feet in length must be divided visually into sections or bays to break up the mass.

d.

The principal building should be oriented so that the front of the building faces the primary roadway adjacent to the property. Where fronting toward the primary roadway is not feasible due to access and site constraints, the building should be designed in such a manner so as to convey a pleasing appearance from the primary roadway adjacent to the property.

e.

Rooftop mechanical equipment shall be screened in a manner that is incorporated into the architectural form of the building.

f.

All materials and facilities for recycling and trash shall be kept inside of the principal building or within a completely screened area. If a screened area is used, it must be made of the same or better material used on the principal building and must be architecturally compatible with the primary building.

g.

No outdoor storage shall be permitted unless such storage is visually screened from view from the primary roadway adjacent to the property constructed with the same or better material used on the principal building and must be architecturally compatible with the primary building.

h.

Drainage pipes on exterior building walls facing the primary roadway must be integrated into the building's design and not be apparent from the primary roadway.

(2)

Building materials.

a.

All exterior wall finishes on a building shall be comprised of a combination of at least three of the following materials:

1.

Clay or masonry brick;

2.

Natural stone;

3.

Glass;

4.

Masonry stucco;

5.

Customized concrete masonry with striated, scored or broken faced brick type units (sealed) with color being consistent with the design theme;

6.

Poured-in-place, tilt-up or pre-cast concrete (poured-in-place and tilt-up walls must have a finish of stone, a texture or a coating);

7.

Steel frame structures with architectural flat metal panels or glass curtain walls; or

8.

Other comparable or superior materials as approved by the city council or planning and zoning commission.

b.

The following types of buildings are prohibited: non-decorative exposed concrete block buildings and corrugated metal-sided buildings. Wood, vinyl, steel or fiber cement-sided buildings are prohibited unless enhanced on all elevations by the application of brick, decorative masonry, or decorative stucco surfaces in combination with decorative fascia overhangs and trim.

(3)

Architectural elements.

a.

Architectural elements on buildings shall be combined with landscaping to add interest to building, and especially to break up long expanses.

b.

Buildings must incorporate no fewer than three of the following architectural elements. The architectural elements must have sufficient visual impact to be noticeable from the primary roadway adjacent to the property.

1.

Accent materials;

2.

Public art;

3.

Tile work and moldings integrated into the building facade;

4.

Windows;

5.

Building wall recesses/projections;

6.

Varied rooflines;

7.

Articulated cornice lines; or

8.

Canopies/awnings/porticos.

c.

Should roof overhangs be necessary, structural overhangs on buildings must vary as follows:

1.

One-foot overhang for buildings less than 50 feet in width;

2.

Two-foot overhang for buildings 50 to 100 feet in width; or

3.

Three-foot overhang for buildings greater than 100 feet in width.

(4)

Landscaping.

a.

A minimum of ten percent of the total area of each newly developed or substantially redeveloped site shall be devoted to landscaped open space.

b.

All open areas of the site not used for the buildings, sidewalks, parking, driveways, loading areas or storage shall be landscaped with trees, grass, shrubs or other planted ground cover.

c.

All parking areas shall be landscaped with a buffer strip not less than five feet wide located between the edge of the right-of-way of the primary roadway adjacent to the property and the surface of the parking area. For multi-tenant buildings and lots exceeding five acres, in addition to the above, planting beds of perennial or annual flowers shall be established and maintained in the buffer strip.

(5)

Lighting.

a.

Lighting shall be directed downward, inward and away from adjacent streets and adjoining uses.

b.

All exterior lighting shall be of a style that is down lit in order to reduce overhead glare.

(6)

Utilities. All on-site utilities including, but not limited to, electrical, telephone and cable shall be installed underground on the site. This requirement shall apply to utilities running from a public utility easement or street right-of-way to buildings or other structures and to utilities supplying service between buildings or other structures.

(7)

Off-street loading areas. No off-street loading areas may be located on the sides of a building that fronts onto the primary roadway adjacent to the property.

(d)

Variance. A business owner required by a franchise agreement or similar agreement to comply with prescribed design standards for his franchised business which are inconsistent with the standards established in this section may apply for a variance from strict compliance with these standards upon an affirmative showing of such incompatibilities and that the owner cannot reasonably comply with these standards without breaching the agreement. If the city grants a variance from specific standards it finds to be incompatible, the owner shall remain responsible for complying with the remaining standards of this section.

(Prior Code, § 5.6.05(l))