Stillwater City Zoning Code

ARTICLE V

- PERFORMANCE STANDARDS

Sec. 28-321. - Home occupations.

The regulations contained in this section are intended to control over any inconsistent regulations that might appear in this chapter.

(1)

Type I home occupations.

Type I home occupations are permitted uses in the RA, LR, TR, CR or RB zoning districts if the home occupation is in compliance with the following regulations:

No outside storage or display of products, equipment, or merchandise;

No in person retail sales;

No traffic that is greater than the residential level of the neighborhood;

No separate business entrance;

No signs;

Not more than 15 percent of the total gross floor area of a dwelling unit or 300 square feet, whichever is less is devoted to home occupation use;

No activity or equipment may be used that creates noise, vibration, glare, fumes, odor, or electric or television interference is permitted if it is detectable by adjacent neighbors;

All Type I home occupations must be registered with the Community Development Director on a form provided by the City; and

Any Type I home occupation use that exceeds the standards set forth in this section requires a conditional use permit; and

10.

No nonresident employees are permitted.

Type I home occupations are allowed by conditional use permit in the CTR, CCR, CTHR and RCM zoning districts if the home occupation satisfies the general standards found in Section 28-81 (conditional use permits) and is in compliance with the following regulations:

No outside storage or display of products, equipment, or merchandise;

No in-person retail sales;

No traffic that is greater than the residential level of the neighborhood;

No separate business entrance;

No signs;

Not more than 15 percent of the total gross floor area of a dwelling unit or 300 square feet, whichever is less, is devoted to home occupation use;

No activity or equipment may be used that creates noise, vibration, glare, fumes, odor, or electric or television interference is permitted if it is detectable by adjacent neighbors; and

No nonresident employees are permitted.

(2)

Type II home occupations.

Type II home occupations are allowed in the RA, LR, TR, CR, CTR, CCR, or CTHR zoning districts if a conditional use permit for the occupation is first obtained.

The following regulations with regard to Type II home occupations must be observed and the regulations made a part of any conditional use permit issued for the occupation:

No outside storage or display of products, equipment or merchandise is permitted;

Any retail sales must be accessory or incidental to the primary residential use;

Infrequent hobby, craft or art sales are permitted twice per year for not more than six days per calendar year;

Customers must be scheduled by appointment;

Off-street parking must be provided for any customers;

No signs are permitted;

Not more than 20 percent of the total gross floor area of the dwelling unit may be used for the home occupation or 400 square feet, whichever is less;

Business hours are limited to the period of 7:00 a.m. to 8:00 p.m.;

No nonresident employees are permitted;

10.

No traffic that is greater than the normal residential area within the neighborhood; and

11.

Type II home occupations are subject to review upon complaints from the neighborhood. If in the opinion of the Community Development Director the complaints are substantial, a public hearing must be held at which time additional conditions may be added to this special use conditional use permit or, in the alternative, the Type II home occupation permit may be revoked.

(3)

Type III home occupations.

Type III home occupations are allowed only in the RB and CTHR zoning districts if a conditional use permit is first granted.

Type III home occupation permits must observe the following conditions and the conditions must be made a part of any conditional use permit:

No outside storage or display of products, equipment, or merchandise is permitted;

Any retail sales must be accessory or incidental to the primary residential use;

Infrequent hobby, craft or art sales are permitted twice per year for not more than six days per calendar year;

Any sign must be unlighted and smaller than two square feet;

Customers are permitted by appointment only;

Not more than 20 percent of the total gross floor area of the dwelling unit may be used for the home occupation or 400 square feet, whichever is less;

No activity or equipment may be used that creates noise, vibration, glare, fumes, odor, or electric or television interference is permitted if it is detectable by adjacent neighbors;

Business hours are limited from 7:00 a.m. to 8:00 p.m.;

Off-street parking must be provided for customers;

10.

No more traffic which is allowed other than in a normal residential area;

11.

No more than one nonresident employee is allowed; and

12.

Type III home occupations are subject to review upon complaints from the neighborhood. If in the opinion of the Community Development Director the complaints are substantial, a public hearing must be held at which time additional conditions may be added to this conditional use permit or, in the alternative, the Type III home occupation permit may be revoked.

(Code 1998, § 31-500)

Sec. 28-322. - Accessory structures and garages.

(a)

General Provisions. The following provisions apply to accessory structures and attached garages located in all residential zoning districts unless otherwise noted below:

(1)

Accessory structures may not exceed 20 feet and not exceed the height of the main residence.

(2)

Accessory structures square footage may not exceed the principal dwelling's footprint.

(b)

In AP districts:

(1)

No accessory structures may be located within the required front yard.

(2)

All accessory structures located within a side yard must be set back a minimum of ten feet from the side lot line in the case of an interior lot or 25 feet in the case of a corner lot.

(3)

All accessory structures located in the rear yard must be set back a minimum of 25 feet from the rear lot line.

(4)

Height of agricultural structures may not exceed a maximum of 50 feet.

(c)

In LR districts:

(1)

The maximum lot coverage of an attached garage plus all accessory structures shall be 2,000 square feet or ten percent of net developable area (as defined by this chapter, i.e., wetlands, lakes, rivers, ponds, steep slopes, etc.) of the lot, whichever is less.

(2)

All accessory structures must meet the requirements for the bluff and shoreline set forth in Section 28-298 (Shoreland Management Overlay District).

(3)

No accessory structures or uses that result in the cutting of trees or clearing of vegetation are permitted.

(4)

Front facing garages must be set back at least six feet more than the front wall or porch line of the house. House and garage setbacks are strongly encouraged to meet special design guidelines for variety of garage types and locations (front loaded, side loaded and recessed) and front and exterior side house elevations.

(d)

In CTR districts:

(1)

One attached garage and one accessory structure may be located on a residential lot, when all applicable zoning standards are met.

(2)

Garages and accessory structure uses may include one or more of the following:

Accessory dwelling unit;

Accessory dwelling and one enclosed structure parking space;

Home office;

Storage; and/or

Recreation room.

(3)

Garages and accessory structures must be set back at least six feet behind the front wall of the house or porch.

(4)

Accessory structure must not result in the loss of significant trees or require major site alteration;

(5)

Only one accessory structure may be located on a residential lot.

(6)

Maximum size of an accessory structure is:

500 square feet, one story use of loft area is allowed; or

720 square feet (when grade level used as only garage, i.e., no garage attached to primary structure), 20 feet maximum building height.

(7)

An accessory structure must abide by the following setbacks:

Side yard, five feet; and

Rear yard, ten feet.

(8)

Accessory structures may not have window openings facing the rear property line.

(9)

Accessory structures located on corner lots must have the garage doors turned away from the side street.

(e)

In RA districts:

(1)

The maximum lot coverage of an attached garage, plus all accessory structures shall be 1,000 square feet or ten percent of net developable area (as defined by this chapter, i.e., wetlands, lakes, rivers, ponds, steep slopes, etc.) of the lot, whichever is less.

(2)

The total ground coverage of the accessory structures shall not exceed the ground coverage of the principal building.

(3)

No more than two accessory structures, one of which cannot exceed 120 square feet maximum, shall be located on a residential premises.

(4)

An accessory structure shall not be designed or used for human habitation, business or industrial accessory use.

(5)

Side yard setback. When there is an attached garage on one side of the dwelling, the garage setback is five feet, provided that no habitable floor area is closer than ten feet from the property line and provided that the garage is a minimum of 15 feet from the nearest structure on the adjacent lot.

(6)

Side and rear yard setback. An accessory structure located entirely in the side yard at least six feet from the main building shall have a minimum side and rear yard setback of five feet.

(f)

In TR districts:

(1)

The maximum lot coverage of an attached garage plus all accessory structures may not exceed 1,000 square feet or ten percent of net developable area (as defined by this chapter, i.e., wetlands, lakes, rivers, ponds, steep slopes, etc.) of the lot, whichever is less.

(2)

One attached garage and one accessory structure may be located on a residential lot, when all applicable zoning standards are met.

(3)

Uses for attached garage and accessory structures may include one or more of the following:

Accessory dwelling unit (500 square feet maximum);

Accessory dwelling and one enclosed structure parking space (720 square feet maximum);

Home office; and/or

Storage.

(4)

Maximum size of an accessory structure is:

500 square feet, one story use of loft area is allowed; or

720 square feet (when grade level used as only garage, i.e., no garage attached to primary structure), 20 feet maximum building height.

(5)

An accessory structure must abide by the following setbacks:

Side yard, five feet; and

Rear yard, ten feet.

(6)

Accessory structures shall not have window openings facing the rear property line.

(7)

Accessory structures located on corner lots shall have the garage doors turned away from the side street.

(8)

If there are two garages on-site, a minimum of one garage shall not face the street or streets if a corner lot.

(g)

In CCR districts:

(1)

Accessory structures are not allowed.

(2)

Attached garages. Attached garages shall be regulated as follows:

On 70 percent of the lots, garages must be set back a minimum of six feet behind the front wall or the front porch of the residence.

On 30 percent of the lots, garages may extend beyond the front line of the dwelling. These garages may be side loaded.

Third car garages may be side entry or separated from the main garage, at an angle to the main garage, or otherwise screened by a portion of the house, porch, or facade.

Corner lots may have side loaded garages.

Garages may be no larger than three stalls.

(h)

In RB districts:

(1)

The maximum lot coverage of an attached garage, plus all accessory structures, may not exceed 1,000 square feet or ten percent of net developable area (as defined by this chapter, i.e., wetlands, lakes, rivers, ponds, steep slopes, etc.) of the lot, whichever is less.

(2)

The total ground coverage of the accessory structures shall not exceed the ground coverage of the principal building.

(3)

No more than two accessory structures, one of which cannot exceed 120 square feet maximum shall be located on a residential premises.

(4)

The upper level of an accessory building may include an accessory dwelling (in accordance with this section), storage, home office or recreation room. The lower level of an accessory building shall not be designed or used for human habitation, business or industrial accessory use.

(i)

In CTHR districts: Townhouse garages must front on private alleys. Only end units may front on public streets. Elevation views should include patios and porches.

(j)

In RR districts:

(1)

No accessory structures may be located within the required front yard.

(2)

All accessory structures located within a side yard must be set back a minimum of 15 feet from the side lot line in the case of an interior lot or 40 feet in the case of a corner lot.

(3)

All accessory structures located in the rear yard must be set back a minimum of 25 feet from the rear lot line.

(Code 1998, § 31-501; Ord. No. 1202, § 3(31-501), 6-6-2023)

Sec. 28-323. - Accessory dwellings.

(a)

In TR districts:

(1)

Lot size must be at least 10,000 square feet;

(2)

Accessory dwellings may be located within or attached to the primary structure, or within an accessory structure (detached from the primary structure);

(3)

Off-street parking requirements for an accessory unit and single family residence must be provided;

(4)

A detached accessory dwelling must be located in the rear yard of the primary residence;

(5)

Detached accessory dwelling units shall not have roof dormers that face the nearest residential lot side yard property line;

(6)

Accessory structures will not result in the loss of significant trees or require major site alteration.

(b)

In CTR districts:

(1)

Lot size on which an accessory dwelling is located must be at least 14,000 square feet;

(2)

Accessory dwellings may be located within or attached to the primary structure, or within an accessory structure (detached from the primary structure);

(3)

Off-street parking requirements for an accessory unit and a single-family residence must be provided;

(4)

A detached accessory dwelling must be located in the rear yard of the primary residence;

(5)

Detached accessory dwelling units may not have roof dormers that face the nearest residential lot side yard property line;

(6)

Accessory structure must not result in the loss of significant trees or require major site alteration.

(c)

In RB districts: an accessory dwelling unit is a specially permitted use in the RB district subject to the following regulations:

(1)

Lot size must be at least 10,000 square feet;

(2)

The accessory dwelling unit may be located on second floor above the garage;

(3)

The accessory dwelling unit must abide by the accessory structure setbacks for side and rear setbacks;

(4)

Off-street parking requirements for an apartment and single-family residence (four spaces) must be provided;

(5)

Maximum size of the accessory dwelling unit is 800 square feet;

(6)

The application requires administrative design review for consistency with the primary unit in design, detailing and materials;

(7)

The height may not exceed that of the primary residence; and

(8)

Both the primary and accessory dwelling unit must be connected to municipal sewer and water services and be located on an improved public street.

(9)

Maximum size of an accessory structure footprint may not exceed 1,000 square feet and is considered part of the total allowable accessory structure and attached garage square footage.

(Code 1998, § 31-502; Ord. No. 1202, § 3(31-502), 6-6-2023)

Sec. 28-324. - Duplex accessory dwelling units.

In TR districts: duplex accessory dwelling units are permitted special uses in the TR district subject to the following requirements:

(1)

Minimum lot size is 12,000 square feet.

(2)

Garages must be separated if street facing or on separate street fronts for corner lots.

(3)

The design of the duplex must appear as a single-family house.

(4)

The number of duplexes is limited by the PUD for the subject property.

(5)

Duplexes must be located at least 200 feet apart.

(6)

Design review is required for consistency with traditional neighborhood design guidelines.

(7)

Duplexes must meet the development standards for single family structures.

(8)

Home offices are permitted accessory uses if located above a garage that is located in the rear yard.

(Code 1998, § 31-503; Ord. No. 1202, § 3(31-503), 6-6-2023)

Sec. 28-325. - Bed and breakfast.

(a)

The City Council recognizes that bed and breakfasts are an asset to the community and help the preservation of historic homes because the expense of owning and maintaining historic homes has made them less suitable for single-family dwellings. Conversion of historic houses into multifamily uses is usually determined by the neighborhood where it is located. It is therefore the intention of the City to limit bed and breakfast uses to those homes where the use would benefit the surrounding area by allowing appropriate adaptive reuse of historic dwellings. Bed and breakfasts are permitted in the RCL district and allowed with a conditional use permit in RB and RCM zoning districts as regulated in this section, subject to the following conditions:

(1)

At least two off-street parking spaces must be provided on-site for the owner or manager and one parking space for each room bed and breakfast unit. The parking spaces must be signed and the Parking Plan approved by the Community Development Director.

(2)

The dining facilities must not be open to the public and must be used exclusively by the registered guests unless allowed as a separate permitted or special use.

(3)

Bed and breakfast uses in residential areas must be located at least 900 feet apart (approximately three blocks).

(4)

An identification sign not exceeding four square feet may be located on the site. The sign must match the architectural features of the structure.

(5)

Bed and breakfast establishments are prohibited in all other districts.

(6)

The bed and breakfast structure must be at least 100 years old or show proof of historic significance to the City.

(7)

The maximum of five bed and breakfast guestrooms may be established in a structure. The following lot and structure size criteria determines the number of guestrooms allowed:

Max. Number Guestrooms Permitted	Original Number of Bedrooms	Max. Gross House Size, Not Including Basement, in Square Feet	Min. Zoning Lot Size in Square Feet
1	2	Up to 2,499	7,500
2	3	2,500—2,999	10,000
3	4	3,000—3,499	10,000
4	5	3,500—4,999	15,000
5	6	5,000 up	20,000

Maximum gross house size is determined by using the total square footage of habitable living space within the structure. The number of original bedrooms in the structure will determine the number of guestrooms that will be allowed. This determination will be made by the Heritage Preservation Commission. In the case of a family with children, the family's bedroom use must be determined before the number of permitted guestrooms are determined, and no family member must be displaced for a guestroom.

_____

(8)

Adequate lighting must be provided between the structure and parking areas for safety contiguous to residential structures.

(9)

Additional external lighting is prohibited.

(10)

An establishment must show proof of City building, fire and planning inspections, proof of operation licenses by the county and must submit the state sales and use tax number for their business to the Community Development Department.

(11)

Restoration or additions must meet the Secretary of the Interior's standards for rehabilitation.

(12)

All bed and breakfast conditional use permits must be reviewed annually by the Community Development Department. A report must be submitted to the Planning Commission and City Council during November of each year.

(Code 1998, § 31-504)

Sec. 28-326. - Miscellaneous residential performance standards.

(a)

Clear corners. On a corner lot in any residential district no fence, wall, hedge or other structure or planting more than 42 inches in height may be erected, placed or maintained within the triangular area formed by the intersecting street lines and a straight line adjoining the street lines at points which are 40 feet distant from the point of intersection, provided that this regulation does not apply to trees trimmed to a height of eight feet above the street grade level.

(b)

Landscaping and screening.

(1)

In the RCM zoning district, the following landscaping and screening requirements shall apply.

All sites when fully developed shall be completely graded so as to adequately drain and dispose of all surface water, stormwater and groundwater in such a manner as to preclude large scale erosion and unwanted ponding.

All sites when fully developed shall be landscaped according to a plan approved by the City Council. The landscaping plan shall specify the size, type and location of all trees and shrubbery and the location of all sodded areas.

Parking areas containing four or more spaces which are adjacent to or across the street from a residential district shall be screened to a height of at least four feet by shrubbery, wood or masonry materials.

(2)

In the RCH zoning district, the following landscaping and screening requirements shall apply.

(c)

Garage sale signage. A temporary sign promoting a garage sale is permitted, provided that:

(1)

The sign does not exceed four square feet.

(2)

The sign is not more than three feet in height.

(3)

The sign is removed the same day when the sale closes for each day.

(4)

The sign is permitted by the owner of the property on which the sign is placed.

(5)

No more than two garage sales per year are held by any address in any calendar year with each sale lasting no longer than three days.

(6)

The sign may not be placed upon the right-of-way, parks or public property in a manner that creates a nuisance to adjacent owners, creates a safety hazard or blocks the view of entrances to streets or intersections.

(Code 1998, § 31-505; Ord. No. 1162, § 4, 3-16-2021)

Sec. 28-327. - Condominium conversion regulations.

(a)

Purpose. The conversion of residential structures from one ownership to condominiums with multiple ownership interests create special community problems both social and economic; relocation of tenants; the application of current building and Zoning Code regulations for consumer-purchase protection; the need for open space and the impact of such conversion on the general character of the area of location, are representative of such special problems. The purpose of this section is to provide guidelines to evaluate the problems and impacts any residential conversion may have on the community, and to establish requirements which shall be included in conversion approval.

(b)

Special permit required. No residential condominiums conversion project shall be permitted in the City unless and until a conditional use permit has been applied for and issued pursuant to and in accordance with the provisions of this chapter.

(c)

Conditional use permit application. In addition to such other application requirements as required by this chapter, the application for condominium conversion shall include the following:

(1)

12 copies of plans illustrating the following details shown to scale:

Site plan showing the location of buildings, parking areas, circulation system, recreational facilities and open space areas.

Floor plans of each type of construction and landscape plans.

Location, size and numbering of parking spaces to be used in conjunction with each condominium unit for residents and guests.

Number and kind of units within the rental dwelling or building including:

Approximate square footage of each unit in the rental dwelling or building;

Number of bedrooms in each such unit;

The amount of rent charged for each such unit during the previous six months;

Number of persons residing in each such unit, approximate age and length of occupancy;

Vacancy rate of the rental dwelling or building during the previous six-month period.

(2)

Other information as necessary to fully evaluate the project.

(d)

Review considerations. Use permits for condominium conversion projects may be approved subject to the following considerations:

(1)

Condominium conversion. Condominium conversion shall not be allowed unless the building to be converted complies in all respects with the requirements of the Uniform Building Code, Uniform Fire Code and City Housing Code. Condominium conversion premises must be inspected by the Building Inspector and certification of inspection prepared describing what improvements are necessary to bring the structure into compliance with City building codes.

(2)

Off-street parking. Compliance with off-street parking requirements as required by chapter parking requirements. Any special density bonuses or parking requirement approved by the City for low and moderate-income housing publicly assisted projects shall be reviewed.

(3)

Recreational open space. Recreational facilities shall be reviewed for adequacy for the use.

(4)

Project management. A project management plan for common areas including landscaping, parking lots or garages, common hallways and rooms shall be submitted for review.

(5)

Impact on rental housing supply. The effect of the conversion of the rental project on the rental housing market shall be considered, including impact on Stillwater Regional Fair Share of Rental Housing and Housing Need Studies prepared by the County Housing and Redevelopment Authority.

(e)

Reasons for denial. Determination that the project will adversely affect the public health, safety and welfare of the community based on the above considerations.

(f)

Conditions of approval. Approval of a proposed condominium conversion shall be conditioned to secure purposes of this section. Such conditions may include:

(1)

All improvements that are necessary to comply with present City standards shall be required and completed prior to approval of the final condominium plat.

(2)

A copy of the covenants, conditions and restrictions shall be filed with the Community Development Director for review and approved before final plat approval.

(3)

All provisions of Minn. Stat. § 515A.4-110, a part of the Uniform Condominium Act, Minn. Stat. § 515A.1-101 et seq., regarding notification of tenants of conversion shall be met. On date of giving notice of conversion to tenant as required by state statutes, the applicant shall send, by United States mail, written notice of conversion to City Community Development Director.

(Code 1998, § 31-506)

Sec. 28-328. - Seasonal outdoor sales.

(a)

Defined. For purposes of this section, the term "seasonal outdoor sales" means the promotion and sale of goods or services, including, but not limited to, plants, vegetation, landscaping materials, lawn care items, and fireworks.

(b)

Conditions; restrictions. Seasonal outdoor sales are subject to the following:

(1)

Seasonal outdoor sales may be allowed as an accessory use within the CA and BP-C zoning districts, subject to the requirements of this section.

(2)

Seasonal outdoor sales are only allowed on private property. No seasonal outdoor sales are permitted on public property or public rights-of-way.

(3)

Seasonal garden centers, a type of seasonal outdoor sales, will be permitted for a maximum period of 90 days, and all seasonal garden centers permitted under this subsection must cease operation on or before July 15 each year.

(4)

Seasonal fireworks sales, another type of seasonal outdoor sales, will be permitted for a maximum of three weeks each year and must cease operation no later than July 6.

(5)

The sales area may not impede pedestrian or vehicular circulation patterns on the site.

(c)

Sign standards. Signage is subject to the following requirements and restrictions:

(1)

The total number of signs associated with a seasonal outdoor sales operation is limited to three.

(2)

All signage for the seasonal outdoor sales operation must be contained on the subject property.

(3)

Signage may not be located within public rights-of-way.

(4)

Each freestanding sign is limited to a surface area of two feet by three feet (six square feet total).

(5)

Up to two banners may be permitted provided that they may only be attached to the tent or temporary structure used for the seasonal outdoor sales operation.

(6)

One sign may be painted or affixed directly to the tent or temporary structure used for the seasonal outdoor sales operation.

(7)

The size and height of the banner and affixed signs are limited to that which is allowed in the BP Business Park Districts as regulated in section 28-348.

(8)

No sign may be erected or installed prior to erection of the seasonal outdoor sales tent or temporary structure.

(9)

All signs must be removed from the property concurrently with removal of the seasonal outdoor sales operation.

(d)

Inspection by Fire Marshal required. An inspection by the Fire Marshal will be required prior to the seasonal outdoor sales operation opening for business.

(Code 1998, § 41-7, subd. 1; Ord. No. 1041, §§ 1, 2, 11-1-2011; Ord. No. 1066, § 1, 7-1-2014; Ord. No. 1132, § 1, 9-17-2019)

Sec. 28-329. - Multifamily residential district bonus.

A ten percent multifamily residential density bonus may be allowed for qualifying affordable housing projects as defined by State and federal regulations. At least 80 percent of the residential units shall meet the affordable housing standards as established by the Department of Housing and Urban Development for the City area.

(Code 1998, § 31-507)

Sec. 28-347. - Fence regulations.

Fence regulations are as follows:

(1)

Purpose. The purpose of this section is to provide for the regulation of fences in the City, to prevent fences being erected that would be a hazard to the public, or an unreasonable interference with the uses and enjoyment of neighboring property and are compatible with existing uses, other zoning restrictions and drainageways.

(2)

Permit required. Unless exempted pursuant to Subsection (3) of this section, no fence shall be erected without first obtaining a fence permit. Application shall be made to the Community Development Director. The fee shall be established by ordinance of the City Council. The Community Development Director is authorized to issue a fence permit if the application indicates that the fence will be in compliance with this section. The City Council shall hear and decide appeals when it is alleged that the Community Development Director was in error. The appeals shall be taken as prescribed in Article II of this chapter.

(3)

Permit exemptions. The following activities and uses shall be exempt from obtaining a fence permit.

Public park and school recreational fences, including backstops.

Snow fences between November 1 and April 15.

Fences used to secure active construction sites.

Fences used for erosion control.

Fences to enclose chicken coops/runs when a chicken keeping permit has been issued.

Fence repair.

(4)

Permit duration and expiration.

Fences must be approved within 180 days of permit issuance.

Approved fence permits shall expire within 180 days of the permit issuance.

(5)

Standards. Fences may be permitted in all yards, subject to the following:

Design.

Fences in a Design Review Overlay District must comply with adopted guidelines.

The side of the fence considered to be the face (finished side as opposed to structural supports) shall face abutting property.

Location.

Fences may be placed on the lot line provided that the footings are within the fence owner's property.

No fence shall be permitted on public rights-of-way without an encroachment agreement approved by the City Council.

No fence may be erected on either street side of a corner lot that will obstruct or impede the clear view of an intersection by approaching traffic, subject to the provisions of Section 28-327(a) that would control where inconsistent with this provision.

No fence shall be erected where it will impede a drainageway or drainage easement.

No fence shall be erected before all lots within a drainage system or platted block have had the final grade established and approved and all lots within the system or platted block have had turf established with grass seed or sod.

Height. Height shall be measured from ground grade to the top of the picket. The height of fences in all districts shall be subject to the following:

Residential.

(i)

Fences in excess of 72 inches above the ground grade are prohibited in residential districts.

(ii)

Fences are limited to a height of 48 inches in the front yard and exterior side yard setback areas.

Nonresidential. Fences in nonresidential districts may be erected on the lot line to the height of 72 inches. Nonresidential heights may exceed the maximum allowable height only if:

(i)

It is accommodating a security arm for barbed wire, the maximum allowed height shall be 96 inches;

(ii)

It is used for screening required as part of an approved conditional use permit.

Residential and nonresidential.

(i)

Where public safety is a concern, a minimum of 36 inches tall fence or equivalent safety barrier shall be required on top of any retaining wall that is four feet in height of higher. This fence shall be measured from the ground grade of the public space.

(ii)

Tennis courts, basketball courts and other substantially similar recreational situations in residential zones may have a single fence no higher than ten feet.

Recreational fences must be set back a minimum of ten feet from any property line.

With the exception of public park and school property, recreational fences cannot be located in the front or exterior side yard.

(6)

Maintenance. Fences must be maintained to the following standards:

All fences, walls and screening must be maintained and kept in good repair by the property owners. The property owner is responsible to repair or remove fences, walls or screening if it becomes unsightly or a hazard to the public.

Missing boards, pickets or posts shall be replaced within 30 days with material of the same type and quality.

Fences and walls shall be installed and maintained in an upright condition. The ability to stand and remain upright must be supported entirely from the posts or support beams.

Fences designed for painting or similar surface finishes shall be painted, stained or varnished to manufacturer's specifications. Metal fences must be preserved against rust.

(7)

Violations. Violations may result in an administrative citation pursuant to Chapter 2, Article VI, Division 2, abatement of the violation pursuant to Section 10-94, and a criminal citation pursuant to Section 2-204.

(Code 1998, § 31-508; Ord. No. 1179, § 1, 2-1-2022)

Sec. 28-348. - Sign regulations.

(a)

Findings. As a historic community, the City is unique. The proper control of signs is of particular importance because of this historical quality and uniqueness. The City's zoning regulations have included the regulation of signs in an effort to provide adequate means of expression and to promote the economic viability of the business community, while protecting the City and its citizens from a proliferation of signs of a type, size, location and character that would adversely impact upon the aesthetics of the community and threaten the health, safety and welfare of the community. The regulation of the physical characteristics of signs within the City has had a positive impact on traffic safety and the appearance of the community. Further, the City finds:

(1)

Exterior signs have a substantial impact on the character and quality of the environment.

(2)

Signs provide an important medium through which individuals may convey a variety of messages.

(3)

Signs can create traffic hazards, aesthetic concerns and detriments to property values, thereby threatening the public health, safety and welfare.

(b)

Purpose. It is not the purpose or intent of this sign ordinance to regulate the message displayed on any sign; nor is it the purpose or intent of this section to regulate any building design or any display not defined as a sign, or any sign which cannot be viewed from outside a building. The purpose and intent of this section is to:

(1)

Regulate the number, location, size, type, illumination and other physical characteristics of signs within the City in order to promote the public health, safety, and welfare.

(2)

Maintain, enhance and improve the aesthetic environment of the City by preventing visual clutter that is harmful to the appearance of the community.

(3)

Improve the visual appearance of the City while providing for effective means of communication, consistent with constitutional guarantees and the City's goals of public safety and aesthetics.

(4)

Provide for fair and consistent enforcement of the sign regulations set forth herein under the zoning authority of the City.

(c)

Substitution clause. Signs containing noncommercial speech are permitted anywhere that signs containing commercial speech are permitted, subject to the same regulations applicable to such signs. Any sign containing commercial speech may substitute noncommercial speech; any sign containing noncommercial speech may substitute commercial speech or other noncommercial speech; any sign containing commercial speech may substitute other commercial speech. This substitution of speech may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech or favoring of any particular noncommercial message over any other noncommercial message. This provision prevails over any more specific provision to the contrary.

(d)

Permit required.

(1)

Unless exempted pursuant to Subsection (f) of this section, no person shall erect, alter, reconstruct, maintain or move a sign in the City without first obtaining a permit from the City. The content of the sign shall not be reviewed or considered in determining whether to approve or deny a sign permit. An application for a permit may be obtained from the Community Development Director or designee. The application must be accompanied by the required fee and must contain the following information:

Street address or location of the property on which the sign is to be located along with the name and signature of the owner of the building;

Name, address and signature of the owner of the sign;

Name, address and phone number of the sign installation contractor;

The type of sign as defined in this section;

A complete set of plans and scaled drawings showing the materials, design, dimensions, structural supports, method of attachment, internal and external lighting and electrical components of the sign;

A site plan showing the location of the proposed sign with dimensions to all adjacent lot lines;

An approved building sign plan, if there is more than one business or use in a building;

Certification by applicant indicating the application complies with all requirements of the sign code.

(2)

The Community Development Director or designee shall approve or deny the sign permit within 60 days following receipt of the completed application, including applicable fee. A decision must be made in writing and must be mailed or electronically delivered to the applicant at the address or email address provided in the application. If the permit is denied, the reason must be stated in writing and describe the applicant's appeal rights under Article II of this chapter and must be sent by certified mail to the applicant.

(e)

General provisions.

(1)

The following provisions apply to signs located in all zoning districts:

All signs must comply with any applicable design guidelines and neighborhood plans adopted by the City and must meet all the size, location and height standards as required in this section.

Repairs. Any sign located in the City which may now be or become out of order, rotten or unsafe, and every sign which shall hereafter be erected, altered, resurfaced, reconstructed or moved contrary to the provisions in this section, shall be removed or otherwise properly secured in accordance with the terms of this section by the property owners, business owners or by the owners of the grounds on which the sign stands, upon receipt of proper notice to do so, given by the Community Development Director or designee. No rotten or other unsafe sign shall be repaired or rebuilt except in accordance with the provisions of this section and upon a permit issued by the Community Development Director or designee.

Electrical signs. Electrical signs must be installed in accordance with the current State Electrical Code.

Placement.

No sign or sign structure may be erected or maintained if it prevents free ingress or egress from any door, window or fire escape. No sign may be attached to a standpipe or fire escape.

A sign must not be erected, positioned, or maintained so as to obstruct the architectural features of a building.

All signs must be compatible with the building and neighborhood where located, including any approved building sign plan.

Temporary signs. The use of banners, pennants and similar devices for commercial, industrial and institutional uses shall be subject to the following provisions:

Temporary signs shall require a permit that shall be valid for no more than 30 days.

Not more than one temporary sign shall be displayed upon a property at any one time.

Not more than three temporary sign permits, or up to three temporary signs for a total of not more than 90 days, shall be issued during any calendar year.

The size of a temporary sign shall not exceed the maximum size allowed for a similar type of permanent sign allowed on the property.

Freestanding or movable temporary signs shall adhere to any setbacks required for similar permanent signage on the property.

The temporary sign shall be in harmony, as determined by the Community Development Director or designee, with the surrounding properties and the neighborhood in which it will be displayed.

Notwithstanding the foregoing, temporary signs that do not conform to the requirements of this section may be approved by the City Council as part of an event permit; however, all temporary signs must be removed within two days after the event.

Maintenance. All signs must be maintained in a safe, presentable and good structural condition at all times, including the replacement of defective parts, cleaning and other items required for maintenance of the sign. Vegetation around, in front of, behind, and underneath the base of ground signs for a distance of ten feet must be neatly trimmed and free of weeds. Rubbish or debris under or near the sign must be removed.

Signs on public property or right-of-way.

Except for public signs, signs approved by the City Council pursuant to an event permit, and signs allowed by encroachment agreement, no signs may be erected or temporarily placed within any right-of-way, upon public lands or easements without approval from the Community Development Director or designee.

The City may at any time and without notice remove signs which have been installed on public property or within public right-of-way or easement without approval. The sign owner may retrieve the signs: from a designated impound area at the City within 15 days from the date of removal. After 15 days, the City will dispose of the sign. The City shall not be liable for any damage to removed signs.

The City may grant a permit to locate temporary signs or decorations on, over or within the right-of-way.

Flags. Noncommercial flags may be displayed in accordance with State and federal law. No more than three noncommercial flags may be displayed outside of a building.

Historic sign. The requirements of size, location and height in this section may be waived by the City Council if the sign is a historic resource or if the sign is a reproduction of a historic sign.

Graphic design signs. Graphic design signs in the DDR and NC must be reviewed and approved by HPC through a design review application.

Types of signs allowed. Table 1 identifies where various types of signs are allowed and whether the sign is required to have a permit:

Table 1

Sign Type	Notes	Res. Districts	CA	CeBuD	VC	BP-C	BP-O	BP-I	CRD	PA	PWFD	PROS
Public sign	See Sec. 28-348(f)1	A	A	A	A	A	A	A	A	A	A	A
Integral sign	See Sec. 28-348(f)1	A	A	A	A	A	A	A	A	A	A	A
Political and related noncommercial signs	Size limit: 6 sf, 4 ft tall; see Sec. 28-348(f)1.b	A	A	N	N	N	N	N	N	N	N	N
Political and related noncommercial signs	35 sf size limit; see Sec. 28-348(f)2.b	N	N	A	A	A	A	A	A	A	A	A
Political sign	During exemption period; see Sec. 28-348(f)2.a	A	A	A	A	A	A	A	A	A	A	A
Holiday sign	Not exceeding 60 days	A	A	A	A	A	A	A	A	A	A	A
Construction sign	See Sec. 28-348(f)3	A	A	A	A	A	A	A	A	A	A	A
Real estate sign	See Sec. 28-348(f)4	A	A	A	A	A	A	A	A	A	A	A
Nameplate sign: 1—5 unit bldg.	2 sf; see Sec. 28-348(f)5	A	A	A	A	A	A	A	A	A	A	A
Nameplate sign: ?6 unit bldg.	6 sf; see Sec. 28-348(f)5	A	A	A	A	A	A	A	A	A	A	A
Real estate development project sign	See Sec. 28-348(f)4.c	A	A	A	A	A	A	A	A	A	A	A
Window sign	See Sec. 28-348(f)6	A	A	A	A	A	A	A	A	A	A	A
Garage sale sign	See Sec. 28-327(c)	A	N	N	N	N	N	N	N	N	N	N
Temporary real estate open house sign	See Sec. 28-348(f)4.b	A	A	A	A	A	A	A	A	A	A	A
Wall sign	See Sec. 28-348(h)1.b; (h)2.b; (h)3.b; (h)4.c; (h)5.b	N	P	P	P	P	P	P	P	P	P	P
Roof sign	See Sec. 28-348(g)8	N	N	N	N	N	N	N	N	N	N	N
Freestanding sign	See Sec. 28-348(h)1.c; (h)2.c; (h)3.c; (h)4.d; (h)5.c	N	P	P	P	P	P	P	P	P	P	P
Billboard	See Sec. 28-348(g)5	N	N	N	N	N	N	N	N	N	N	N
Awning or canopy sign	See Sec. 28-348(h)1.d; (h)2.d; (h)4.e	N	P	P	P	P	P	P	N	N	N	N
Projecting sign	See Sec. 28-348(h)1.f; (h)4.g	N	P	P	P	N	N	N	N	N	N	N
Three-dimensional sign	See Sec. 28-348(h)1.e	N	P	P	N	N	N	N	N	N	N	N
Marquee sign	See Sec. 28-348(h)2.e; (h)4.e	N	N	N	N	P	P	P	N	N	N	N
Multitenant master sign	See Sec. 28-348(h)2.e; (h)4.f	N	N	N	P	P	P	P	N	N	N	N
Directory sign	See Sec. 28-348(i)	N	N	N	N	P	P	P	P	P	N	N
Institutional sign	See Sec. 28-348(k)	P	N	N	N	N	N	N	N	P	P	P

A = Allowed without permit

P = Permit required

N = Not allowed

(f)

Exemptions. The following signs shall not require a permit and are allowed in every zoning district. These exemptions, however, shall not be construed as relieving the owner of the sign from the responsibility of its erection, maintenance and compliance with the other provisions of this section or any other law or ordinance regulating the same.

(1)

Public signs and integral signs.

(2)

Noncommercial signs.

In any general election year, all noncommercial signs are exempt from regulation and may be posted in any size or in any number beginning 46 days before the state primary in a state general election year until ten days following the general election and 13 weeks prior to any special election until ten days following the special election.

A noncommercial sign outside the exemption period outlined in Subsection (f)2.a of this section is regulated as follows:

Residential and CA districts: The maximum sign size is six square feet in area with a maximum height of four feet.

All other districts: The maximum size is 35 square feet in area.

(3)

Construction signs. A construction sign must be confined to the construction site and must be removed within two years of the date of issuance of the first building permit or upon completion of the project, whichever occurs first. One construction sign is permitted for each street the project abuts. No sign may exceed 32 square feet in multifamily residential, commercial and industrial districts and 12 square feet in single-family residential districts.

(4)

Real estate signs.

A real estate sign is limited to up to six square feet in residential districts and up to 32 square feet in commercial districts. A real estate sign must be removed within ten days after sale or rental of property.

Temporary real estate open house signs, provided that:

The sign is not placed in a manner that creates a nuisance to adjacent owners, does not create a safety hazard or block the view of entrances to streets or intersections.

The sign is placed one-half hour before the open house and is removed each day immediately after the open house closes.

A maximum of four signs in a residential zoning district are allowed for each open house and are limited to a four-block radius of the open house.

The sign must not exceed six square feet.

Real estate development project sign. For a development project of up to 25 acres, one sign not to exceed 100 square feet of sign surface may be erected on the project site. For projects of 26 to 50 acres, one or two signs not to exceed 200 aggregated square feet of sign surface may be erected. For projects over 50 acres, up to three signs not to exceed 300 aggregate square feet of sign surface may be erected. No dimension shall exceed 25 feet exclusive of supporting structures. The sign may not remain after 95 percent of the project is developed. The sign must be bordered with a decorative material compatible with the surrounding area. If the signs are lit, they must be illuminated only during those hours when business is in operation or when the model homes or other development are open for conducting business.

(5)

Nameplate sign.

A nameplate sign must be placed on a wall of the structure not exceeding two square feet in area per structure. A nameplate sign shall not be constructed as to have more than two surfaces.

A single nameplate sign must be placed on a wall of the structure for each dwelling group of six or more units. The nameplate sign may not exceed six square feet in area per surface and may not be constructed as to have more than two surfaces.

(6)

Window sign. A window sign, which cannot cover more than one-third of the total area of the window in which the sign is displayed.

(7)

Garage and rummage sale signs, provided they comply with Section 28-327(c).

(g)

Prohibited signs. The following signs are prohibited in all zoning districts:

(1)

Abandoned signs.

(2)

Any sign, signal, marking or device which purports to be or is an imitation of or resembles any official traffic control device or railroad sign or signal, or emergency vehicle signs, or which attempts to direct movement of traffic or which hides from view or interferes with the effectiveness of any official traffic control device or any railroad sign or signal.

(3)

Any sign that obstructs the vision of drivers or pedestrians or detracts from the visibility of any official traffic control device.

(4)

Off-premises commercial signs.

(5)

Billboard signs.

(6)

Any sign that moves or rotates, except barber poles.

(7)

Signs that display any moving parts, are illuminated with any flashing or intermittent lights or are animated. All displays must be shielded to prevent any light from impairing the vision of any driver. No device may be illuminated to obscure an official traffic sign or signal, including indoor signs which are visible from public streets.

(8)

Roof signs.

(9)

Any sign with banners, pennants, ribbons, streamers, string or light bulbs, spinners or similar devices, except where used for noncommercial purposes or as part of an approved sign application.

(10)

Portable signs including signs with wheels removed, attached temporarily or permanently to the ground.

(11)

Signs mounted on a vehicle for promotional purposes, parked and visible from the public right-of-way, except signs identifying the related business when the vehicle is being used on the normal day-to-day operations of that business.

(12)

Signs painted, attached or in any other manner affixed to trees, rocks, or similar natural surfaces, directly on building walls, or attached to public utility poles, telephone cables or wires, bridges, towers, or similar public structures or the supports thereof.

(13)

Illuminated signs or spotlights giving off an intermittent or rotating beam.

(14)

Revolving beacons, beamed lights or similar devices.

(15)

Hot air, gas filled or inflated objects used for commercial speech.

(16)

Signs supported by guy wires.

(17)

Signs in a state of disrepair.

(h)

Specific regulations by zoning district. In addition to the signs allowed in Subsection (f) of this section, the following signs shall be allowed within the specific zoning districts:

(1)

Central Business, General Commercial, and Neighborhood Commercial Districts. All signs in the Central Business, CA General Commercial, and NC Neighborhood Commercial Districts are subject to the following requirements:

General regulations.

In addition to the signs allowed without a permit pursuant to Subsection (g) of this section, only one wall, monument, awning, canopy or three-dimensional sign is allowed per business within the CA General Commercial District. When a building or business abuts two or more public streets and/or public alleys, one sign is allowed on each street building face.

In addition to the signs allowed without a permit pursuant to Subsection (g) of this section, two signs are allowed per business within the Central Business District. The two allowed signs must be one wall sign and either a three-dimensional sign or a projecting sign.

All signs shall adhere to the following design standards:

(i)

Use simple sign shapes to complement the architecture of the building.

(ii)

Signs shall not obscure architectural features of buildings, including window or door openings.

(iii)

Sign shall be used to display the primary name of the business only.

(iv)

Use only one line of lettering, if possible.

(v)

Only one sign containing the business name or graphic logo shall be permitted per street-facing side. Projecting signs are allowed in addition to the one sign allowed facing the street. Use simple, bold lettering with sufficient contrast between the lettering and the background.

(vi)

Sign lighting.

Indirect incandescent lighting shall be permitted.

Place spotlights discreetly to shield from pedestrians and vehicular traffic.

Neon lights are only permitted as interior window signs.

In the Central Business District, all signs shall adhere to the following design standards:

All signs must meet the downtown design guidelines for signs.

May not be backlit nor internally lit.

May not contain changeable or movable letter or graphics.

Wall signs. Wall signs shall meet the following requirements:

The total building signage may have an aggregate area not exceeding one square foot for each foot of building face parallel or substantially parallel to a street lot line.

It must not project more than 12 inches from the wall to which the sign is affixed.

It must not project higher than the parapet or eave line of the wall to which the sign is affixed or 15 feet as measured from the base of the building wall to which the sign is affixed, whichever is less.

Where a principal building is devoted to two or more permitted uses, the operator of each use may install a wall sign for its use consistent with a building sign plan approved by the City. The total gross signage for the entire building may not exceed one square foot for each foot of the building face parallel, or substantially parallel, to a street lot line with a maximum of 25 square feet per business.

All signs shall adhere to the following design standards:

(i)

In the Central Business District, signs shall generally be constructed of the traditional materials used during the primary development period of downtown buildings. If modern materials, such as acrylic, vinyl, or plastic, are used for signs, they shall be painted and simulate the texture and depth of traditional downtown sign materials, such as wood and metal.

(ii)

In the Central Business District, three-dimensional letters/symbols, with at least one-quarter inch depth or reveal, are required unless an approved sign plan permits otherwise.

(iii)

If a signboard area exists on the building facade, a wall sign shall fit within this space and not extend above, below, or beyond the edges of the signboard area.

(iv)

In the Central Business and NC Neighborhood Commercial Districts, no part of any sign shall be placed higher than the height of the sills of the second story windows of a multi-story building.

(v)

Wall signs may not be directly painted onto historic masonry or stone.

Multi-tenant wall signs.

Design the sign plan to emphasize the whole width and geometry of the building and individual storefronts and tenant spaces.

Placement of individual tenant signs shall be coordinated to achieve a unified signage appearance in sign heights, widths, depths, coloring and lettering sizing.

Signs shall use a common lettering style and color scheme.

A sign shall not span across different buildings.

Freestanding signs. Freestanding signs shall meet the following requirements:

For all freestanding signs.

(i)

Placement of individual tenant signs shall be coordinated to achieve a unified signage appearance in size heights, widths, depths, coloring and letter sizing.

(ii)

The area around a monument or freestanding sign must be landscaped.

(iii)

Externally illuminated letters are allowed, but no internally illuminated signs are allowed.

(iv)

Pedestrian and vehicular sight lines must not be blocked.

In the CA General Commercial District.

(i)

The area of a monument or freestanding sign may not exceed 30 square feet.

(ii)

A monument or freestanding sign may be located in any required yard but must have a setback of 15 feet from any point of vehicular access, public roadway and property line.

(iii)

A monument or freestanding sign may not project higher than six feet, as measured from the base of the sign or grade of the nearest roadway, whichever height is less.

In the Central Business and NC Neighborhood Commercial District.

(i)

The area of a monument or freestanding sign may not exceed 15 square feet.

(ii)

A monument or freestanding sign may be located in a required yard but must be pedestrian in scale and does not block architecture features, including window and door openings.

(iii)

A monument or freestanding sign may not project higher than five feet, as measured from the base of the sign or grade of the nearest roadway, whichever height is less.

(iv)

Signs shall use a common lettering style and color scheme.

Awning or canopy signs. Awning or canopy signs shall meet the following requirements:

The gross surface area of an awning or canopy sign may not exceed 50 percent of the gross surface area of the smallest face of the awning or canopy to which the sign is affixed.

An awning or canopy sign may not project higher than the top of the awning or canopy or below the awning or canopy.

Signage on awnings is permitted on the end panel or front valance only. Use lettering proportional to the space available.

Three-dimensional signs. The total area of a three-dimensional sign is determined by enclosing the largest cross section of the sign in an easily recognized geometric shape and computing its area, which may not exceed nine square feet.

Projecting sign. A projecting sign shall meet the following requirements:

The total area of a projecting sign may not exceed six square feet.

It must be easily visible from the sidewalk and not be a hazard to pedestrians.

If lighted, the sign must be externally illuminated.

The bottom of the sign and bracket must be at least eight feet above sidewalk grade.

Projecting signs shall generally be oriented to visibility by pedestrians and small in size so that they do not obscure other signs.

No part of any sign shall be placed higher than the height of the sills of the second story windows of a multi-story building.

The mounting bracket for a projecting sign shall be a black metal material and designed as a decorative element of the sign that is complementary of the building's architectural style.

Graphic design sign. Graphic design signs may only be placed on non-contributing buildings, portions of contributing buildings where historic brick or masonry does not exist, or on portions of structures outside of a historic district where historic brick or masonry does not exist.

(2)

Business Park and Highway Mixed Use Districts. All signs in the BP-O, BP-C, BP-I, HMU and CMU districts are subject to the following requirements:

General regulations. In addition to the signs allowed without a permit pursuant to Subsection (g) of this section, a property may have one freestanding sign, one wall sign per business, and as many awning, canopy, marque, or multitenant master signs as provided in Subsection (i)2.e of this section.

Wall signs. Wall signs shall meet the following requirements:

The gross surface area of a wall sign may not exceed one square foot for each foot of building, parallel or substantially parallel to the front lot line.

It must be located on the outermost wall of any principal building but may not project more than 12 inches from the wall to which the sign is affixed.

It must not project higher than the parapet line of the wall to which the sign is affixed or 20 feet as measured from the base of the building wall to which the sign is affixed, whichever height is less.

Where a principal building is devoted to two or more uses, the operator of each use may install a wall sign for its use consistent with a building sign plan approved by the City. The total gross signage for the entire building shall not exceed one square foot for each foot of building face parallel, or substantially parallel, to a street lot line or a minimum of 25 square feet per business, whichever is more.

Only one wall sign per building face is allowed.

Freestanding signs. Freestanding signs shall meet the following requirements:

The gross surface area of a freestanding sign may not exceed 100 square feet for each exposed face nor exceed an aggregate gross surface area of 200 square feet.

A freestanding sign must be set back 15 feet from the front or side property line.

Along State Highway 36, freestanding signs may not project higher than 25 feet. Along County Road 5 from Highway 36 to Croixwood Boulevard and South Greely from Orleans to Highway 36, freestanding signs may not project higher than 20 feet. In all other locations, a freestanding sign may not project higher than six feet. Signs shall be measured from the base of the sign or grade of the nearest adjacent roadway, whichever height is less.

There may be one freestanding sign per development site.

Awning, canopy or marquee signs. Awning, canopy or marquee signs shall meet the following requirements:

The gross surface area of an awning, canopy or marquee sign may not exceed 50 percent of the gross surface area of the awning, canopy or marquee to which the sign is affixed.

A sign may be affixed to or located upon any awning or marquee.

An awning, canopy or marquee sign may not project higher than the top of the awning or marquee to which the sign is affixed.

Multitenant master sign. Each multitenant or multi-use building is permitted one building master identification sign which meets the following requirements:

If the multitenant commercial building has a floor area of 40,000 square feet or less, the building may have a freestanding sign with a maximum of one square foot for each five feet of building frontage or 40 square feet maximum with a maximum height of eight feet.

If the multitenant commercial building has a floor area greater than 40,000 square feet, but less than 100,000 square feet, the entry may have a master identification sign with a maximum of 75 square feet on each side and with a maximum height of 20 feet.

If the multitenant commercial building has a floor area greater than 100,000 square feet, the building may have a master identification sign with a maximum of 120 square feet on each side and with a maximum height of 25 feet.

(3)

PA, PROS and PWFD districts. All signs in the PA, PROS and PWFD districts are subject to the following requirements:

Additionally. In addition to the signs allowed without a permit pursuant to Subsection (g) of this section, one freestanding sign and one wall mounted sign are allowed for each facility.

Wall signs. Wall signs shall meet the following requirements:

The gross surface area of a wall sign may not exceed one square foot for each foot of building, parallel or substantially parallel to the front lot line.

It must not project higher than the parapet or eave line of the wall to which the sign is affixed.

Freestanding signs. Freestanding signs shall meet the following requirements:

The gross surface area of any side of a freestanding sign must not exceed 120 square feet.

It must be set back 15 feet from the front or side property line.

Along State Highway 36, freestanding signs must not project higher than 25 feet. In all other locations, a freestanding sign must not project higher than 20 feet. Signs shall be measured from base of the sign or grade of the nearest adjacent roadway, whichever height is less.

(4)

VC Village Commercial District. All signs in the VC Village Commercial District are subject to the following requirements:

Additionally. In addition to the signs allowed without a permit pursuant to Subsection (g) of this section, one other sign is allowed per business. It may be a wall, monument, awning or canopy sign. When a building or business abuts two or more public streets, one sign is allowed on each street building face.

Design guidelines. All signs in the VC Village Commercial District must meet the approved Liberty Village design guidelines for signage.

Wall signs. Wall signs must meet the following requirements:

The gross surface area of a wall sign shall not exceed one square foot for each foot of building, parallel or substantially parallel to the front lot line.

It must be located on the outermost wall of any principal building but may not project more than 12 inches from the wall to which the sign is affixed. The location and arrangement of all wall signs is subject to the review and approval of the Community Development Director or designee.

Where a principal building is devoted to two or more uses, the operator of each use may install a wall sign upon each share of the building. The signs are subject to the following restrictions:

(i)

All signs must be visually consistent in location, design and scale.

(ii)

The total gross signage for the entire building shall not exceed one square foot for each foot of building face parallel, or substantially parallel, to a street lot line or a minimum of 25 square feet per business, whichever is more.

Freestanding signs. Freestanding signs shall meet the following requirements:

The gross surface area of a freestanding sign may not exceed 100 square feet for each exposed face nor exceed an aggregate gross surface area of 200 square feet.

A freestanding sign must be set back 15 feet from the front or side property line.

It shall not be higher than 20 feet measured from the base of the sign or grade of the nearest adjacent roadway, whichever height is less.

There may be one freestanding sign per development site.

Awning or marquee signs. Awning or marquee signs shall meet the following requirements:

The gross surface area of an awning or marquee sign must not exceed 50 percent of the gross surface area of the awning, canopy or marquee to which the sign is affixed.

A sign may be affixed to or located upon any awning or marquee.

An awning or canopy sign may not project higher than the top of the awning or marquee to which the sign is affixed.

Multitenant master sign. Each multitenant or multi-use building is permitted one building master identification sign which meets the following requirements:

Building master identification signs must not contain the names of any tenants or occupants of the center.

The multitenant commercial building may have a freestanding sign with a maximum of one square foot of sign for each five feet of building frontage or 40 square feet maximum with a maximum height of eight feet.

Projecting sign. A projecting sign shall meet the following requirements:

The total area of a projecting sign must not exceed six square feet.

It must be easily visible from the sidewalk and not be a hazard to pedestrians.

If lighted, projecting signs must be externally illuminated.

Total allowable sign area. The total aggregate sign area allowed on a property for all signs permitted in Subsection (h)(4)d through g of this section shall be as follows:

A minimum of 100 square feet; and at a rate of one square foot of signage for each lineal foot of the building wall facing a public street, up to a maximum of 300 square feet.

When a building faces two or more public streets, the building wall area shall be determined by adding the wall area of each building wall that faces a public street and dividing by the number of public streets the building faces.

(5)

CRD Campus Research and Development Districts. All signs in the CRD Campus Research and Development Districts are subject to the following requirements:

Additionally. In addition to the signs allowed without a permit pursuant to Subsection (g) of this section, one freestanding sign and one wall mounted sign are allowed for each facility. However, if the facility is large or consists of several buildings, additional signs may be allowed with a conditional use permit.

Wall signs. Wall signs shall meet the following requirements:

The gross surface area of a wall sign must not exceed one square foot for each foot of building, parallel or substantially parallel to the front lot line.

It must not project higher than the parapet or eave line of the wall to which the sign is affixed.

Freestanding signs. Freestanding signs shall meet the following requirements:

The gross surface area of any side of a freestanding sign must not exceed 120 square feet.

It must be set back 15 feet from the front or side property line.

Along State Highway 36, freestanding signs must not project higher than 25 feet. In all other locations, a freestanding sign may not project higher than 20 feet. Signs shall be measured from base of the sign or grade of the nearest adjacent roadway, whichever height is less.

(i)

Directory signs. Directory signs are used to guide pedestrians to individual businesses within a multitenant commercial area and are permitted in BP, PA and CRD districts. The sign area used in directory signs shall not be calculated against the total allowable sign area. Directory signs in the permitted zoning districts shall meet the following requirements:

(1)

It must be placed on the site of the development and may be erected only in internal pedestrian access areas and not in vehicle access areas.

(2)

It must have a maximum area of one square foot for each business listed on the sign and four square feet for the name of the building or complex.

(3)

It may be freestanding but must not exceed 6½ half feet in height.

(4)

It must only be used for directions and identification.

(j)

Nonconforming signs. It is recognized that signs exist within the zoning districts which were lawful before this section was enacted, which would be prohibited, regulated or restricted under the terms of this section or future amendments. It is the intent of this section that nonconforming signs shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other signs or uses prohibited elsewhere in the same district. It is further the intent of this section to permit legal nonconforming signs existing on the effective date of this section, or amendments thereto, to continue as legal nonconforming signs provided such signs are safe, are maintained so as not to be unsightly, and have not been abandoned or removed subject to the following provisions:

(1)

No sign shall be enlarged or altered in a way which increases its nonconformity.

(2)

Should such sign or sign structure be destroyed by any means to an extent greater than 50 percent of its replacement cost and no building permit has been applied for the sign within 180 days of when the property was damaged, it shall not be reconstructed except in conformity with the provisions of this section.

(3)

Should such sign or sign structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations for the zoning district in which it is located after it is moved.

(k)

Institutional signs. An institutional sign may be either wall mounted or freestanding. The maximum size of the sign is 32 square feet and is subject to the following:

(1)

In residential zoning districts only non-electronic message centers are allowed as part of an institutional sign.

(2)

In the PA and PROS Zoning Districts a non-electronic message center is allowed as part of an institutional sign.

(l)

Violations.

(1)

All signs for which a permit is required shall be subject to inspection by the Community Development Director or designee.

(2)

The City may require the removal or repair, at the owner's expense, of any sign if the requirements of this section are not met.

(3)

Upon receipt of a notice of violation, the record owner of the property on which the sign or sign structure is located shall take corrective action. If the property owner fails to comply with the corrections outlined in the written notice, the City may initiate any lawful action or proceeding to prevent, restrain, correct or abate the violation.

(Code 1998, § 31-509; Ord. No. 1002, § 1, 12-16-2008; Ord. No. 1081, § 7, 7-21-2015; Ord. No. 1162, § 3, 3-16-2021; Ord. No. 1175, § 6, 11-9-2021)

Sec. 28-349. - Off-street parking and loading.

Off-street parking and loading shall be regulated as follows:

(1)

Off-street parking.

Purpose. The purpose of the regulations contained in this section is to reduce street congestion and traffic hazards in the City and to add to the safety and convenience of its citizens, by incorporating adequate, attractively designed, and functional facilities for off-street parking as an integral part of every use of land in the City.

General provisions. At the time any building or structure is constructed or erected or modified, there shall be provided, on the same site, for the use of occupants, guests, clients, customers or visitors thereof, off-street parking spaces for vehicles in accordance with the requirements in this section.

Number of parking spaces required. Where the computation or required parking spaces produces a fractional result, fractions of one-half or greater shall require one full parking space.

Art galleries	One for each 500 square feet of floor area
Automobile boat or machinery sales (office and service bay areas shall provide parking at those rates)	One for each 1,000 square feet of floor area
Banks	One for each 200 square feet of floor area
Bed and breakfast	One per guestroom, two for manager
Beauty parlors	Three spaces per chair
Billiard parlors	Two spaces per table
Boardinghomes for the aged	One for each five beds, plus two for each employee on the shift with maximum personnel
Bowling alleys	Six for each lane
Business and professional offices excluding medical and dental offices	One for each 300 square feet of floor area
Children's homes	One for each five beds, plus one for each employee
Churches	One for each three seats in the main sanctuary
Convenience stores	Five per 1,000 square feet of gross floor area
Dancehalls and assembly halls	One for each three persons of design occupancy without fixed seats, exhibition halls load
Day care centers	One space per eight children, plus one space per staff person
Drive-in food establishments	One for each 100 square feet of gross floor area with drive-through facility add ten stacking spaces for drive-in window, with a minimum of five spaces designated for the ordering station
Family daycare and foster family homes	One for every five guests, plus one for each employee on the shift with the maximum number of personnel
Funeral homes, mortuaries	One for each five seats of the aggregate number of seats provided in all assembly rooms
Furniture and appliance stores	One for each 400 square feet of sales floor area
Health clubs	One space per 100 square feet of gross floor area
Hospitals	One for each two beds plus one for each employee on the shift with the maximum number of personnel
Hotels, motels	One for each unit, plus one for the resident owner or manager (plus one-half of required parking for related activities such as restaurants, lounges and retail shops)
Institutions for the aged	One for every five guests
Manufacturing plants, research or testing laboratories, bottling plants, furniture repairs	One for each 325 square feet of floor area or one for each employee, whichever is greater
Marinas	One space per three slips and additional parking for launch ramps and dry storage
Medical and dental clinics and offices	One for each 200 square feet of gross floor area; but need not exceed an average of five spaces per practitioner
Medical (or convalescent) hospitals	One for each five beds, plus one for each employee on the shift with the maximum number of personnel
Nursing homes	One for every five guests, plus one for resident manager, plus one for each employee on the shift with the maximum number of personnel
Private clubs	Parking spaces equal to the uses that take place
Residential uses:
Single-family/duplex, townhouses	Two spaces per dwelling unit of which one is covered
Multifamily, apartments	1.5 per unit; with one covered, plus one space per three units for guest parking
Restaurants, bars or nightclubs; may include dancing as a secondary use	One for each 120 square feet of floor area up to 5,000 square feet; one for each 100 square feet of restaurant area over 5,000 square feet
Retail stores, shops, service establishments, other than furniture and appliance stores	One for each 200 feet of gross floor area
Schools:
Elementary and junior high	Three per classroom
High school	One for each four students based on design capacity, plus three per classroom
College (business, beauty, etc.) and universities	One for each employee, plus one for each three students
Self-service laundry and dry cleaning establishments	One for each 200 feet of floor establishment's area
Service stations	Three for each lubrication or service bay, plus one for each employee on the day shift
Sports arenas, auditoriums, assembly halls and meeting rooms	One for each three seats of maximum seating capacity
Theaters	One for each three seats for the first 350 seats, plus one for each five additional seats
Wholesale establishments, warehouses, service and maintenance centers	One for each 1,000 square feet of floor area
Unspecified uses of buildings, structures or premises	Where the parking requirements for a particular use is not specifically established in this section, the parking requirements for each use shall be determined by the City Council; such determination shall be based upon the requirements for similar uses

Modifications to requirements. Modifications to off-street parking and loading requirements shall be permitted as follows:

Alternative provisions. The off-street parking requirements of this subsection shall be considered satisfied if:

(i)

The property being occupied is a part of a parking district which has been duly formed under the provisions of this Code; and

(ii)

A specific development plan for an area has been adopted and contains parking standards which supersede those contained in this subsection; or

(iii)

The required parking spaces and street access are permanently provided within 300 feet of the parcel, and a maintenance and management plan indicating the useful functioning of such parking is submitted and approved by the Community Development Director. Not more than 60 percent of the required parking may be provided off the site.

Cooperative parking facilities. The requirements for the provisions of parking facilities, with respect to two more property uses of the same or different types, may be satisfied by the permanent allocation of the required number of spaces for each use in a common parking facility, located within 300 feet of all such participating property uses and cooperatively established and operated. In the case of a cooperative parking facility which is designed to satisfy the parking requirements of:

(i)

From two to four independent property uses, a reduction of not more than five percent of the total number of required spaces shall be allowed.

(ii)

From five to seven independent property uses, a reduction of not more than ten percent of the total number of required spaces shall be allowed.

(iii)

Eight or more independent property uses, a reduction of not more than 20 percent of the total number of required spaces shall be allowed.

Shared parking facilities. Parking facilities may be shared by two or more commercial uses if their entrances are located within 300 feet of each other and if their hours of operation do not coincide, provided they:

(i)

Receive special use and design permit so that design criteria are met and conditions of use may be established along with periodic review.

(ii)

Submit a written document guaranteeing maintenance, hours of operation and specifying length of agreement.

(iii)

Demonstrate how the shared parking arrangement will fulfill the intent of this subsection.

Parking requirements for nonconforming structures or uses. In the case of structures in any district, which are reconstructed, enlarged, structurally altered, changed in occupancy to a more intensive use category or otherwise increased in capacity, off-street parking shall be provided only for that portion of structures or use constituting the increase in capacity; except that no additional parking need be provided for nonresidential uses, if the increased capacity results in an increase of four or fewer off-street parking spaces.

Miscellaneous requirements. Miscellaneous parking and loading requirements are as follows:

Parking limit. The City may establish a maximum parking limit where the development proposal exceeds City standards for the number of parking spaces required.

Parking use. Parking areas shall be used for vehicle parking only with no sales, dead storage, repair work or dismantling of any kind.

Existing spaces. Existing off-street parking spaces and loading spaces shall not be reduced in number unless the number exceeds the requirements set forth for the use.

Accessibility parking. Accessibility parking shall comply with the Building Code.

Parking lots in residential districts. When in its opinion the best interests of the City will be served, the City Council may permit, temporarily or permanently, the use of land in a residential district, other than a one-family district, for a parking lot where the land abuts or is across the street from a district other than a residential district, provided that:

The lot is to be used only for parking of passenger automobiles of employees, customers or guests of the person controlling and operating the lot, who shall be responsible for its maintenance.

No charge is to be made for parking on the lot.

The lot is not to be used for sales, repair work or servicing of any kind.

Entrance to and exit from the lot are to be located on the lot.

No advertising sign or material is to be located on the lot.

All parking is to be kept back of the setback building line by a barrier unless otherwise specifically authorized by the City Council.

The parking lot and that portion of the driveway back of the setback line is to be adequately screened from the street and from adjoining property in a residential district by a hedge or sightly fence or wall not less than six feet high and not more than eight feet high located back of the setback line. All lighting is to be arranged so that there will be no glare therefrom annoying to the occupants of adjoining property in a residential district and surfacing of the parking lot is to be smoothly graded, hard-surfaced and adequately drained.

Such other conditions as may be deemed necessary by the City Council to protect the character of the residential district.

Parking lots and driveways abutting residential districts. Whenever a parking lot or driveway to a parking lot is established in other than a residential district so as to abut the side or rear line of a lot in a residential district, a solid masonry wall or a substantial sightly fence not less than six feet high and not more than eight feet high, shall be constructed and maintained along the side or rear lot line up to, but not beyond, the setback building line. In addition, in all use districts, the lighting, including any permitted illuminated sign, on any parking lot or driveway shall be arranged so that there will be no glare directed or reflected toward a residence building or residential districts.

Design requirements. Design requirements shall be as follows:

Parking space. Each parking space shall be at least nine feet in width and 18 feet in length exclusive of an adequately designed system of access drive. Driveways for two-way traffic shall be 24 feet.

Parking facility layout. There shall be no off-street parking spaces located within 15 feet of any street right-of-way or ten feet of any property line except in the Central Business District where spaces may be allowed with an approved design review.

Access to spaces or facilities. Driveway design standards are as follows:

(i)

Driveways shall be designed to conform with existing contours to the maximum extent feasible.

(ii)

Driveways shall enter public/private streets in such a manner as to maintain an adequate line of sight.

Aisles. Circulation aisles necessary for maneuvering within a parking facility shall be designed so that vehicles do not back out into a street, sidewalk or other public way, other than a residential alley. In general, double-loaded aisles are preferred to single-loaded aisles.

Curbing. All commercial, industrial or multifamily residential parking lots with five or more spaces shall have continuous concrete curbing around the entire parking lot.

Border barricades. Every parking facility containing angled or 90-degree parking spaces adjacent to a street right-of-way shall, except at entrance and exit drives, be developed with a solid curb or barrier along such street right-of-way line; or shall be provided with a suitable concrete barrier at least six inches in height and located not less than two feet from such street right-of-way line. Such wall, fence, curb or barrier shall be securely installed and maintained.

Surfacing. All off-street parking facilities shall be surfaced with a minimum of five inches of concrete, or 1½ inches of asphalt overlying four inches of base rock except temporary off-street parking facilities, which may be surfaced by placement of a single bituminous surface treatment upon an aggregate base, which bituminous treatment and base shall be subject to the approval of the Director of Public Works. All off-street parking shall be so graded and drained as to dispose of all surface water from within the area; in no case shall such drainage be allowed to cross sidewalks.

Marking. Parking spaces within a facility shall be clearly painted and delineated.

Lighting. Any lights provided to illuminate any parking facility permitted by this subsection shall be arranged so as to reflect the light away from any adjacent properties, streets or highways.

10.

Landscaping and screening. Landscaping shall be provided in new parking lot construction and reconstruction. Landscaping is employed to diminish the visibility and impact of parked cars by screening and visually separating them from surrounding activities and the street; to provide shade and relief from paved areas; to channel the flow of traffic; and generally contribute to good site design. Trees, shrubs, ground covering and earth berming shall be used for lot landscaping. Every parking facility abutting property located in residential districts shall be separated from such property by a wall, planter or a view-obscuring fence; or a raised landscaped mound of earth, sand stones or the like; or by a permanently maintained compact evergreen hedge; or a combination of any of the preceding treatments. Such screening devices shall be six feet in height, measured from the grade of the finished surface of such parking facility, along the abutting residential property.

(2)

Off-street loading facilities.

Purpose. The purpose of the regulations in this subsection is to reduce street congestion and traffic hazards; and to add to the safety and convenience of the community. Adequate, attractively designed and functional facilities for off-street loading shall be incorporated as necessary in conjunction with new uses of land in the City.

General provisions. For every building erected, which is to be occupied by manufacturing, storage, warehouse, retail and/or wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning or other uses similarly requiring the receipt or distribution by vehicles of material and merchandise, off-street loading areas shall be provided in accordance with the requirements in this subsection.

Required areas. Required areas are as follows:

Gross Floor Area	Required Loading Spaces
10,000 to 24,999 square feet	1
25,000 to 49,999 square feet	2
For each additional 50,000 square feet or major fraction thereof	1

Each loading space shall be not less than ten feet in width, 30 feet in length and with an overhead clearance of 14 feet.

The space may occupy all or any part of any required yard or court space, except for any exterior side yards; and shall not be located closer than 50 feet to any lot in an R district, unless inside a structure or separated from such district by a wall not less than eight feet in height, provided a conditional fence permit is approved.

(3)

Miscellaneous off-street parking and loading standards.

In a CA district. All automotive uses allowed in the CA general commercial zoning district that are adjacent to a residential zone must maintain the required front yard setback area in a clear condition without permanently parked or stored automobiles, trailers, vehicles or other stored items or materials used for or accessory to the automotive use. Short-term daily customer parking is allowed in the setback area, but the area must be clear when the business is closed.

In a VC district. When a property within the VC district is directly across a street or thoroughfare or adjacent to any residential district, all parking and loading facilities must be at least 20 feet from the property line and buildings and structures at least 20 feet from the street. The setback space must be permanently landscaped.

In a CRD district.

All parking areas must be set back a minimum of 20 feet from any street right-of-way.

All parking areas must be set back a minimum of 30 feet from the property line of any residentially zoned property, where adjacent property is already developed for residential use or is designated residential use on the City's Comprehensive Plan.

All parking areas must be set back a minimum of ten feet from any peripheral property line other than a street right-of-way or residentially zoned property.

Each establishment must provide sufficient off-street parking spaces for all employees, customers and visitors. The number of parking spaces must be determined at the time of preliminary development plan approval, but in no event may there be less than three spaces for each 1,000 square feet of total floor area or portion thereof shown on the plan and in no event may there be less than 3.8 spaces for each 1,000 square feet of total floor area of office and research buildings. Some parking may, at the discretion of the Planning Commission or City Council, be built in stages.

Each establishment must provide an adequate loading space within a building or in a side or rear yard, in a way that will allow all storage, standing and maneuvering of trucks to be off the public right-of-way.

No portion of a parking or loading space, including maneuvering area, except the necessary drives, may be located closer than 20 feet from a public street right-of-way.

In a PA district. Parking adjacent to residential property. All parking areas for three or more cars adjacent to residentially zoned land shall be set back a minimum of ten feet and landscaped to screen the parking area from the residentially zoned land.

In a PWFD district.

All parking areas must be set back to a minimum of 20 feet from any of the property lines.

Parking areas, driveways or outside storage areas must be set back a minimum of 30 feet from the property line of any residentially zoned property.

Adequate parking must be provided for employees and visitors. The number of spaces must be determined for current and future possible expanded use at time of PUD review.

No parking area loading space, or maneuvering area may be closer than 30 feet from public right-of-way. This regulation does not apply to entrance and egress driveway.

Parking lots and drives may be shared with adjacent park areas.

(Code 1998, § 31-510; Ord. No. 1075, § 1, 4-21-2015; Ord. No. 1081, § 8, 7-21-2015)

Sec. 28-350. - Regulation of radio and television towers.

(a)

Purpose. In order to accommodate the communication needs of residents and business while protecting the public health, safety, general welfare and aesthetics of the community, the City Council finds that this section is necessary in order to:

(1)

Facilitate the provision of wireless telecommunication services to the residents and businesses of the City;

(2)

Minimize adverse visual effects of towers and antennas through setting design standards;

(3)

Avoid potential damage to adjacent properties from tower failure through structural standards, lot size requirements and setback requirements; and

(4)

Maximize the use of existing and approved towers and buildings to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community.

(b)

Location preferences for antennas and towers.

(1)

Water towers.

(2)

Collocations on existing telecommunications towers.

(3)

Sides and roofs of buildings over two stories.

(4)

Existing power or telephone poles.

(5)

Government and utility sites.

(6)

School sites.

(7)

Golf courses or public parks when compatible with the nature of the park or course.

(8)

Regional transportation corridors.

(c)

Antennas and towers in residential districts (RA, RB, RCM, RCH).

(1)

Any person, firm or corporation erecting a tower or antenna in a residential district must obtain a conditional use permit from the City Council and meet the requirements in Subsection (c)(2) of this section.

(2)

Communication antennas shall be subject to the following conditions:

Satellite dishes, for television receiving only, are subject to the accessory structure requirements for residential districts.

All antennas must be designed and situated to be visually unobtrusive, screened as appropriate, not be multicolored and may contain no signage, including logos, except as required by the equipment manufacturers or City, State or federal regulations.

An antenna placed on a primary structure may be no taller than 15 feet above the primary structure. Any accessory equipment or structures must be compatible with the design and materials of the primary structure and not visible from a public street.

Towers are allowed subject to design review. The purpose of design review is to protect the historic integrity, natural setting, and character of the City's residential areas.

Minimum land area for freestanding tower sites in residential districts is one acre.

A tower and any antenna combined may be no more than 75 feet in height, or 100 feet in height if collocated.

A tower may not be located within 100 feet of any existing or planned residential structure.

A tower must be setback from a street line a minimum of the height of the tower and any antenna; and towers or antennas may be sited in preferred locations as listed in Subsection (b) of this section, subject to design review approval.

(d)

Stillwater West Business Park Districts; Business Park Commercial, Business Park Office, Business Park Industrial (BP-C, BP-O and BP-I). Any person, firm or corporation erecting a tower or antenna in the Stillwater West Business Park shall require a conditional use permit from the City Council and meet the following requirements:

(1)

Exception. Communication antennas attached to an existing structure or in preferred location which are no higher than 15 feet above the primary structure and are allowed as permitted use.

(2)

Conditions. Communication towers and antennas are subject to the following conditions:

A tower and antenna may be no more than 75 feet in height, 100 feet if collocated.

A tower may not be located within 300 feet of the property line of residentially zoned property.

A tower may be located no closer to a street property line than a distance equal to the height of the tower plus ten feet.

Minimum lot size is 0.5 acre for a primary tower use.

Towers may be located no closer than one-half mile to the closest tower or other collocation PWCS transmitting facility.

If a tower is erected on a site with an existing primary structure, the site must have a space of 1,200 square feet set aside exclusively for tower use. The tower may not be located in the front or corner side yard setback area of the primary structure but to the rear of the site.

(e)

Central Business District and PA Professional Administrative District. Any person, firm or corporation erecting an antenna in Central Business and Professional Administrative Districts shall meet the following requirements:

(1)

Towers are not allowed in the Central Business District.

(2)

Antennas are allowed subject to design review. The purpose of design review is to protect the historic integrity, natural setting and character of downtown and its historic buildings and the national register historic district.

(3)

All support service equipment for towers must be enclosed within an existing building or located and screened so as to be hidden from public view from the street or above.

(4)

Notwithstanding Subsection (e)(3) of this section, all small wireless support structures and small wireless facilities shall comply with Section 16-33.

(f)

St. Croix River Overlay District. No communication antenna or communication tower may be located in the St Croix River Overlay District, shoreland or floodplain districts.

(g)

Performance standards. All personal wireless communication towers erected, constructed, or located within the City must comply with the following requirements:

(1)

Colocation requirements. A proposal for a new personal wireless communication service tower may not be approved unless it can be documented by the applicant that the communications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one-half-mile radius of the proposed tower due to one or more of the following reasons:

The planned equipment would cause interference with other existing or planned equipment at the tower or building as documented by a qualified professional engineer, and the interference cannot be prevented at a reasonable cost.

No existing or approved towers or commercial/industrial buildings within a one-half-mile radius meet the radio frequency (RF) design criteria.

Existing or approved towers and commercial/industrial buildings within a one-half-mile radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and professional radio frequency (RF) engineer.

The applicant must demonstrate that a good faith effort to collocate existing towers and structures within a one-half-mile radius was made, but an agreement could not be reached.

(2)

Tower construction requirements. All towers erected, constructed or located within the City, and all wiring therefor, shall comply with the following requirements:

Stealth towers are the preferred tower design in residential districts. Monopoles are the preferred tower design in all other districts. The City will consider alternative tower types in cases where structural; radio frequency design considerations; or the number of tenants required by the City, precludes the use of a preferred tower design. Guyed towers may not be used in any district. Lattice towers may not be used in any residential district.

Towers and their antennas must comply with all applicable provisions of this Code.

Towers and their antennas must be certified by a qualified and licensed professional engineer to conform to the latest structural standards of the Uniform Building Code and all other applicable reviewing agencies.

Towers and their antennas must be designed to conform to accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code.

Metal towers must be constructed of or treated with corrosion-resistant material.

Any proposed communication service tower of 100 feet in height must be designed, structurally, electrically and in all respects, to accommodate both the applicant's antennas and comparable antennas at least one additional user. To allow for future rearrangement of antennas upon the tower, the tower must be designed to accept antennas mounted at no less than 20-foot intervals.

All towers must be reasonably protected against unauthorized climbing. The bottom of the tower (measured from ground level to 12 feet above ground level) must be designed in a manner to preclude unauthorized climbing to be enclosed by a six-foot-high chain link fence with a locked gate.

All owners and their antennas and relative accessory structures must utilize building materials, colors, textures, screening and landscaping that effectively blend the tower facilities within the surrounding natural setting and built environment to the greatest extent possible.

No advertising or identification of any kind intended to be visible from the ground or other structures is permitted, except applicable warning and equipment information signage required by the manufacturer or by federal, State or local authorities.

Towers and their antennas may not be illuminated by artificial means, except for camouflage purposes (designed as a lighted tower for a parking lot or a ball field) or the illumination is specifically required by the Federal Aviation Administration or other authority.

No part of any antenna or tower, nor any lines, cable, equipment, wires or braces, may at any time extend across or over any part of the right-of-way, public street, highway or sidewalk.

All communication towers and their antennas must be adequately insured for injury and property damage caused by collapse of the tower.

All obsolete or unused towers and accompanying accessory facilities must be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the City Council. After the facilities are removed, the site must be restored to its original or an improved state.

In addition to the submittal requirements required elsewhere in this Code, applications for building permits for towers and their antennas must be accompanied by the following information:

The provider must submit confirmation that the proposed tower complies with regulations administered by that agency or that the tower is exempt from those regulations.

A report from a qualified professional engineer shall be submitted which does the following:

(i)

Describes the tower height and design including a cross section and elevation;

(ii)

Demonstrates the tower's compliance with the aforementioned structural and electrical standards;

(iii)

Documents the height above grade for all potential mounting positions, or collocated antennas and the minimum separation distances between antennas;

(iv)

Describes the tower's capacity including the number and type of antennas that it can accommodate; and

(v)

Confirmation by the provider that the proposed facility will not interfere with public safety communications.

A letter of intent committing the tower owner or his successors to allow the shared use of the tower as long as there is no negative structural impact upon the tower and there is no disruption to the service provided.

(h)

Existing antennas and towers. Antennas, towers and accessory structures in existence as of July 1, 1997, which do not conform to or comply with this section are subject to the following provisions:

(1)

Towers may continue in use for the purpose now used and as now existing but may not be placed or structurally altered without complying in all respects within this section.

(2)

If a tower is damaged or destroyed due to any reason or course whatsoever, the tower may be repaired or restored to its former use, location and physical dimension upon obtaining a building permit, but without otherwise complying with this section.

(i)

Obsolete or unused towers. All obsolete or unused towers and accompanying accessory facilities must be removed within 12 months of the cessation of operations, unless a time extension is approved by the City Council. If a time extension is not approved, the tower may be deemed a nuisance pursuant to Minn. Stat. ch. 429. If a tower is determined to be a nuisance, the City may act to abate the nuisance and require the removal of the tower at the property owner's expense. In the case of multiple operators sharing the use of a single tower, this provision will not become effective until all users cease operations for a period of six consecutive months. After the facilities are removed, the site must be restored to its original or to an improved state.

(Code 1998, § 31-512; Ord. No. 1007, § 1(c)—(g), 4-21-2009; Ord. No. 1129, § 2, 7-2-2019)

Sec. 28-351. - Landscaping.

(a)

BP-C, BP-O, BP-I, Central Business, CA and PA Districts. In the BP-C, BP-O, BP-I, Central Business District, CA and PA Districts, the following minimum landscaping requirements must be met for all projects:

(1)

Minimum plant size. Minimum plant size is as follows:

Type	Size
Deciduous trees	1½—1&frac13> inches caliper
Deciduous shrubs	18 inches high
Coniferous trees	3 to 3½ feet high
Coniferous shrubs	1 gallon

(2)

Street trees. Trees shall be planted along all streets. Street trees shall be set back a distance of ten feet from the street right-of-way. Deciduous trees shall be planted 40 feet on center, and coniferous street trees shall be planted 30 feet on center.

(3)

Front yards, nonresidential. The minimum front yard on developed commercial and industrial lots shall be covered with sod and maintained in an appropriate manner.

(4)

Building expansion areas. Portions of lots intended to be utilized for expansion of structures may be seeded with grass seed, mulched and fertilized according to the recommendations of the Zoning Administrator instead of being sodded.

(5)

Parking lot planting islands. Planting islands in parking lots shall be planted with at least one deciduous tree and at least two shrubs and shall be mulched with a minimum of four inches of rock, wood chips or similar material. All planting islands shall be treated with a mechanical weed inhibiter. One tube for feeding and watering shall be installed in each planting island.

(6)

Warranty for plant materials. All plant materials indicated on an approved landscaping plan that do not survive two growing seasons shall be replaced with identical plants during or before the following season.

(b)

RCM district. Landscaping and screening shall be as follows:

(1)

(2)

(3)

(c)

RCH district. Landscaping and screening shall be as follows:

(1)

(2)

(3)

(Code 1998, § 31-513)

Sec. 28-352. - Wind turbine maximum height.

No portion of a wind turbine or its appurtenances may exceed the maximum height established for the zoning district in which the wind turbine is located.

(Code 1998, § 31-513.1; Ord. No. 1010, § 2, 9-1-2009)

Sec. 28-353. - Miscellaneous residential and nonresidential performance standards.

(a)

Farm animals. In all districts, any lot upon which farm animals are kept must be at least three acres in size. The term "farm animals" means horses, cows, sheep, pigs, chickens, ducks, rabbits and other commonly known domestic farm animals. Chickens are allowed pursuant to Chapter 8, Article III. See Chapter 8, Article IV for regulations related to beekeeping.

(b)

Pole buildings. Pole buildings are prohibited in all zoning districts.

(c)

Projection into required yard areas. Every part of a required yard shall be open and unobstructed by any building or structure except for the following:

(1)

Awnings, sills, cornices, buttresses, eaves, landings and necessary steps and similar architectural features may project into required yard a distance of not more than three feet so long as the projection is not closer than three feet from the property line.

(2)

Openwork fire balconies and fire escapes may extend not more than three feet into the required side or rear yard.

(3)

Chimneys, flues and fireplaces may extend not more than three feet into a required yard.

(d)

Exceptions to height regulations. Exceptions to height regulations are as follows:

(1)

Roof structures. The maximum height specified in this section may be exceeded by church spires, belfries, cupolas, chimneys, ventilators, skylights, water tanks, bulkheads and similar features and by necessary mechanical appurtenances usually carried above the roof level, provided such structure is an integral part of a building.

(2)

Maximum height of accessory buildings in residential districts. In residential districts an accessory building shall not exceed 20 feet in height or the distance from the accessory building to a main building or potential location of a main building on adjoining premises in a residential district, whichever is less.

(Code 1998, § 31-514; Ord. No. 1051, §§ 1, 2, 10-2-2012; Ord. No. 1181, § 1, 6-7-2022)

Sec. 28-354. - Reserved.

Editor's note— Ord. No. 1225, § 1, adopted Dec. 3, 2024, repealed § 28-354, which pertained to cannabis-related uses, and derived from the Code of 1998, § 31-514; Ord. No. 1190, §§ 1, 2, adopted Sept. 6, 2022, subd. 14; Ord. No. 1192, § 3, adopted Sept. 6, 2022; and Ord. No. 1205, § 1, adopted Oct. 17, 2023.

Sec. 28-382. - Automotive uses in CA district.

(a)

Automotive uses. All automotive uses described in Section 28-236 adjacent to a residential zone must maintain the required front yard setback area in a clear condition without permanently parked or stored automobiles, trailers, vehicles or other stored items or materials used for or accessory to the automotive use. Short-term daily customer parking is allowed in the setback area, but the area must be clear when the business is closed.

(b)

Fences. All stored autos, auto parts, trailers or business-related items must be enclosed in a building or stored behind a secure solid masonry wall or sightly fence not less than six feet in height.

(Code 1998, § 31-515)

Sec. 28-383. - Amusement and recreational establishments in the BP-O district.

The City finds that amusement and recreational establishments (such as armories, assembly halls, bowling alleys, dance halls, pool and billiard parlors, skating rinks and other social, sport or recreational centers) are uses that under certain circumstances fit compatibly with other allowed uses in the BP-O Business Park Office District. Consequently, such uses shall be allowed with a conditional use permit if they meet the conditional use permit review criteria found in section 28-81 and all of the following performance standards:

(1)

The establishment may occupy no more than 3,000 square feet.

(2)

The establishment must operate in compliance with the noise standards as specified in this Code.

The establishment shall be considered a commercial use.

Not only shall the establishment meet the specified noise standards at its respective property lines, but the noise standards shall also apply to receiving uses in abutting tenant spaces within a multiple-tenant building, if the establishment is located in such a building.

(3)

Prior to issuance of a certificate of occupancy for the establishment, a qualified professional shall certify that the establishment will, under normal operating conditions, meet the noise standards of this Code.

(4)

The amusement or recreational activities offered by the establishment must operate exclusively indoors.

(5)

The establishment must have at least one adult employee or adult supervisory volunteer in the premises during all hours of operation.

(Code 1998, § 31-515.1; Ord. No. 997, § 3, 9-16-2008)

Sec. 28-384. - Large building projects in Central Business District.

(a)

Purpose. The purpose of this section is to establish a conditional use permit review process for all large building projects, regardless of proposed use, in the Central Business District. Given the impact of large projects on downtown's parking, pedestrian, open space, and other infrastructure systems, formal public review is in the public's best interest.

(b)

Conditional use permit required. A site plan review conditional use permit is required for all large building projects located in the Central Business District. For purposes of this section, the term "large building project" means the construction, re-construction, or change in use of at least 12,000 gross square feet of building space where the building or project has, or will have, 20,000 gross square feet of area including any accessory spaces such as basement, utility rooms, attached garage, or rooftop space where such rooftop space is approved for occupancy (e.g., patios). For calculation purposes, the total gross square footage of the large building project shall include all space that within a ten-year period is new construction, re-construction, or a change in use. This ten-year period shall include a three-year look-back period. Consequently, if the cumulative amount of new construction space, re-constructed space, or change of use space reaches 12,000 gross square feet in a 20,000 square foot project over the span of a ten-year period, then a site plan review conditional use permit is required.

(c)

Approval process. The approval process for the site plan review conditional use permit in this section shall be as established in Sections 28-60 and section 28-81. In addition, the following shall also apply:

(1)

A request for a site plan review conditional use permit as provided within this section, shall be considered officially submitted and complete when the applicant has complied with all the specified information requirements of this section and sections 28-60 and 28-81.

(2)

The applicant shall supply proof of ownership of the property or supply written authorization from the owner of the property in question to proceed with the requested conditional use permit review.

(3)

If the project meets the requirements for a design review, as specified in Section 28-85, then a design review will need to be requested by the applicant and acted upon by the Heritage Preservation Commission prior to approval of the site plan review conditional use permit by the City Council.

(4)

If the project meets the requirements for a site alteration permit, as specified in Section 4-84, then a site alteration permit will need to be requested by the applicant and acted upon by the Heritage Preservation Commission prior to approval of the site plan review conditional use permit by the City Council.

(5)

The Planning Commission, City Council and City staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony at the expense of the applicant concerning operational factors. The information is to be declared necessary to evaluate the request and/or to establish performance conditions in relation to all pertinent subsections of this section. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request.

(6)

Approval of the site plan review conditional use permit shall require passage by a majority vote of the City Council.

(d)

Evaluation criteria. City staff, Planning Commission and City Council shall evaluate the effects of the proposed large building project. This review shall be based upon compliance with the City Comprehensive Plan, downtown plans, parking system plans and policies, this section, and other applicable codes, policies and statutes.

(e)

Information required. The information required for all site plan review conditional use permit applications shall include the following items, unless a listed item is waived by the Community Development Director:

(1)

Site plan.

Certificate of survey.

Name and address of developer/owner.

Name and address of architect/designer.

Date of plan preparation.

Dates and description of all revisions.

Name of project or development.

Scale of plan (engineering scale only, at one inch equals 50 feet or less).

North point indication.

Lot dimension and area.

Required and proposed setbacks.

Location, setback and dimension of all buildings on the lot including both existing and proposed structures.

Location of all adjacent buildings located within 100 feet of the exterior boundaries of the property in question.

Location, number, dimensions, and type of surfacing material of existing and proposed parking spaces.

Location, number, dimensions, and type of surfacing material of existing and proposed loading spaces.

Curb cuts and driveways.

Type of surfacing material.

Vehicular circulation.

Sidewalks and walkways.

Location and type of all proposed lighting.

Location of recreational and service areas.

Location of rooftop and ground mounted mechanical equipment and proposed screening.

Provisions for storage and disposal of waste, garbage, and recyclables.

Location, sizing, and type of water and sewer system mains and fire hydrants closest to the property and proposed service connections.

(2)

Grading/stormwater drainage plan.

Existing contours at two-foot intervals.

Proposed grade elevations, two-foot maximum intervals.

Drainage plan including configuration of drainage areas and calculations.

Storm sewer, catch basins, invert elevations, type of castings, and type of materials.

Spot elevations.

Proposed driveway grades.

Surface water ponding and treatment areas.

Erosion control measures.

Calculation of total square footage of site to be covered with impervious surfaces.

(3)

Landscape plan.

Planting schedule (table) containing:

Symbols.

Quantities.

Common names.

Botanical names.

Sizes of plant material.

Root specification (bare root, balled and burlapped, potted, etc.).

Special planting instructions.

Location, type and size of all existing significant trees to be removed or preserved.

Planting detail (show all species to scale at normal mature crown diameter or spread for local hardiness zone).

Typical sections in detail of fences, tie walls, planter boxes, tot lots, picnic areas, berms and the like.

Typical sections of landscape islands and planter beds with identification of materials used.

Details of planting beds and foundation plantings.

Note indicating how disturbed soil areas will be restored through the use of deep tilling, sodding, seeding, or other techniques.

Delineation of both sodded and seeded areas with respective areas in square feet.

Coverage plan for underground irrigation system, if any.

Where landscape or manmade materials are used to provide screening from adjacent and neighboring properties, a cross through section shall be provided showing the perspective of the site from the neighboring property at the property line elevation.

Other existing or proposed conditions which could be expected to affect landscaping.

(4)

Other plans and information (as may be required by the Community Development Director).

Legal description of property under consideration.

Proof of ownership of the land for which a site plan approval has been requested.

Traffic study including projected impact to public road system, impact to adjacent private improvements, and traffic and pedestrian circulation on the site. If a traffic study is required by the Community Development Director, then an escrow in the amount necessary to cover the cost the study must be submitted together with the other application materials. The City will then contract with a traffic engineer to complete the study.

If exterior building changes are proposed, then architectural elevations are required (type, color, and materials used in all external surfaces).

Typical floor plan and typical room plan.

Fire protection plan.

Extent of and any proposed modifications to land within the wetland, shoreland or floodplain district, or steep slopes as described and regulated in this chapter.

Wetland delineation and report.

Type, location and size (area and height) of all signs to be erected upon the property in question.

Certification that all property taxes, special assessments, interest, or City fees due upon the parcel of land to which the application relates have been paid.

(f)

Compliance with other codes. The review and approval of site improvements pursuant to the requirements of City-adopted building and fire codes shall be in addition to the process established under this article. Approval of the site plan review conditional use permit does not imply compliance with the requirements of the building codes, fire codes, or design review by the Heritage Preservation Commission.

(g)

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, standard, or specifications without prior submission of a plan modification request to the Community Development Director for review and approval. Significant changes as deemed by the Community Development Director may be subject to Council review and approval.

(h)

Enforcement. The Community Development Director 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, Public Works Director, or City Planner as applicable.

(Code 1998, § 31-515.2; Ord. No. 1090, § 1, 2-7-2017)

Sec. 28-385. - Dog training facilities in the BP-I district.

All dog training facilities must meet the following performance standards:

(1)

A dog training facility shall include an enclosed building with restrooms.

(2)

A dog training facility shall have a separation of at least 500 feet as measured in a straight line from the nearest edge of the building or outside areas used by dogs (whichever is closer) to the property line of all residentially zoned property.

(3)

When abutting a residential district, an approved screening and landscaping plan shall be filed and developed between the two land uses.

(4)

Adequate off-street parking shall be provided, as determined by the City Planner.

(5)

Indoor and outdoor areas shall be maintained in a clean and sanitary condition at all times. Solid waste material shall be removed at least daily and disposed of in a sanitary manner.

(6)

A dog training facility shall not be operated between 10:00 p.m. and 7:00 a.m.

(7)

No dogs shall remain unattended in outdoor areas.

(8)

No permanent outdoor pens are allowed with the exception of a separate outdoor relief area. Any outdoor areas to be used for the animal training facility, including any relief areas, shall be completely enclosed with a fence that is at least four feet in height, or all dogs utilizing a non-enclosed outdoor relief area shall be leashed at all times. No animals shall remain unattended in outdoor areas.

(9)

A maximum ratio of one person to two dogs is allowed in the outdoor areas at any given time.

(10)

No dog boarding is allowed. Dogs may only be on-site while accompanied by their owner or handler.

(Code 1998, § 31-515.3; Ord. No. 1135, § 3, 11-19-2019)

Sec. 28-386. - Outdoor uses.

(a)

VC Village Commercial District. All uses shall be conducted wholly within completely enclosed buildings, except for service stations, parking facilities and other outdoor uses when appropriately located and designed as approved by the Planning Commission.

(b)

CRD Campus Research District. All operations must be conducted within a fully enclosed building. No outside storage of materials, products or equipment is permitted other than in trash receptacles which must be completely screened utilizing the same building materials as the main building, unless the outside storage is specifically approved as part of a preliminary development plan.

(c)

CA General Commercial District. All stored autos, auto parts, trailers or business-related items must be enclosed in a building, or stored behind a secure solid masonry wall or sightly fence not less than six feet in height.

(d)

PWFD Public Works Facility District. Operations to a maximum extent must be conducted within a fully enclosed building. Any material stored outside shall be buffered and visually screened from adjacent residential properties using fencing, landscaping or earthen berms. Outside storage areas and screening must be specifically shown in PUD Master Plan.

(Code 1998, § 31-516)

Sec. 28-387. - CRD Campus Research District miscellaneous standards.

(a)

Smoke. No use may produce or emit from a vent, stack, chimney or combustion process any smoke darker than Ringelmann No. 1, except that smoke darker than Ringelmann No. 2 is permissible for a duration of not more than four minutes during any eight-hour period if the source of the emission is not located within 250 feet of residentially zoned property.

(b)

Noise. Noise levels may not exceed 80dB(A) at repeated intervals or for a sustained length of time measured at any point along the property line.

(c)

Electrical disturbance. No activity is permitted that creates any electrical disturbance that adversely affects any operations or equipment other than those of the creator of the disturbance or which otherwise causes, creates or contributes to the interference with electronic signals (including television and radio broadcasting transmissions) to the extent that the operation of any equipment not owned by the creator of the disturbance is adversely affected.

(d)

Loading dock. No loading dock may face any street unless a screening plan therefore is approved as part of final plan approval.

(e)

Design review. A design review is required for all CRD Campus Research and Development District uses according to the design review standards of this chapter.

(Code 1998, § 31-517; Ord. No. 1081, § 9, 7-21-2015)

Sec. 28-388. - PWFD Public Works Facility District miscellaneous standards.

(a)

Smoke. No use may produce or emit from a vent, stack, chimney or combustion process any smoke darker than Ringelmann No. 1, except that smoke darker than Ringelmann No. 2 is permissible for a duration of not more than four minutes during any eight-hour period if the source of the emission is more than 250 feet of residentially zoned property.

(b)

Noise. Noise levels may not exceed 80dB(A) at repeated intervals or for a sustained length of time measured at any point along the property line.

(c)

(d)

Loading dock. No loading dock may face a street unless screened from view. A screening plan must be approved as part of final PUD approval.

(e)

Design review. A design review is required for all CRD campus research and development district uses according to the design review standards of this chapter.

(f)

Planned unit development permit. No building, structure, land or premises in the PWFD may be used and no building or structure may be constructed except those granted a planned unit development (PUD) permit.

(g)

Lighting plan. A lighting plan showing fixture type location, height and intensity of lighting must be submitted for review as part of the PUD application. A light source must not be seen from adjacent properties. The intensity of outdoor lighting must be the minimum for the intended purpose.

(Code 1998, § 31-518; Ord. No. 1081, § 10, 7-21-2015)

Sec. 28-389. - Outside seating requirements.

Outside seating is permitted, pursuant to the table in Section 28-236, subject to following provisions:

(1)

Seating areas shall be shown on a seating plan, identifying the number of tables and chairs and their approximate location.

(2)

Seating areas shall be located on private property, or if on public property, if approved by the City as a special event or in a license or encroachment agreement.

(3)

Seating areas shall not obstruct required accesses, entrances or exits.

(4)

Tables and chairs shall be maintenance free furniture that enhances the appearance of the business.

(5)

No food or beverages shall be served outside of the seating area.

(6)

Lighting shall only illuminate the seating area. Lighting levels must not exceed zero footcandles at the abutting property line.

(7)

All tables and chairs shall be kept in a clean and sanitary manner. Outdoor trash receptacles shall be provided.

(8)

The seating area shall have approved landscaping and fencing or other decorative screening that differentiates the outdoor seating areas from other areas, such as sidewalks, streets or parking areas.

(9)

If over eight seats, in addition to the required number of parking spaces pursuant to the principal use, additional parking shall be required at a ratio of one parking space for every four seats in the outdoor seating area.

(10)

Signage shall be posted that prohibits the consumption of alcohol outside of the seating area.

(Code 1998, § 31-519.1; Ord. No. 1187, § 2, 7-19-2022)

Sec. 28-390. - Cannabis-related uses.

(a)

Purpose. The purpose of this chapter is to implement the provisions of Minn. Stat. ch. 342 to allow cannabis and lower-potency hemp edible uses within the City. The Municipal Planning Act provides specific authority for cities to protect and promote the public health, safety, morals and welfare of residents through zoning ordinances, including the regulations surrounding the uses of buildings, structures and land. Cities are further authorized to establish standards and procedures regulating such uses. The purpose and intent of this chapter is to allow the incorporation of cannabis and lower-potency hemp edible uses into the City while protecting existing land uses and properties from any detrimental impacts.

(b)

In addition to the requirements for each zoning district, cannabis and lower-potency hemp edible uses must comply with the performance standards in this chapter.

(c)

Definitions. Unless otherwise noted in this section, words, terms, and phrases found in the definitions of Minn. Stat. § 342.01, or as amended, apply, unless otherwise noted or except where the context clearly indicates a different meaning. In addition, the following definitions apply:

Cannabis business means any of the following businesses:

(1)

Cannabis microbusiness;

(2)

Cannabis mezzobusiness;

(3)

Cannabis cultivator;

(4)

Cannabis manufacturer;

(5)

Cannabis retailer;

(6)

Cannabis wholesaler;

(7)

Cannabis transporter;

(8)

Cannabis testing facility;

(9)

Cannabis event organizer;

(10)

Cannabis delivery service;

(11)

Lower-potency hemp edible manufacturing;

(12)

Lower-potency hemp edible retailer; or

(13)

Medical cannabis combination business.

Cannabis use or cannabis industry means every item, product, person, process, action, business, or other thing related to cannabis flower and cannabis products.

Day care means any location licensed with the Minnesota Department of Human Services to provide the care of a child in a residence outside the child's own home for gain or otherwise, on a regular basis, for any part of a 24-hour day.

Office of Cannabis Management or OCM means Minnesota Office of Cannabis Management.

Residential treatment facility means a 24-hour-a-day program under the treatment supervision of a mental health professional, in a community residential setting other than an acute care hospital or regional treatment center inpatient unit, that must be licensed as a residential treatment program for adults with mental illness under chapter 245I, Minnesota Rules, parts 9520.0500 to 9520.0670, or other rules adopted by the Commissioner.

School means public school as defined in Minn. Stat. § 120A.05 or nonpublic school that meets the reporting requirements under Minn. Stat. § 120A.24.

State license means an approved license issued by the Minnesota Office of Cannabis Management to a cannabis retail business.

(d)

Outdoor cultivation. Any cannabis use that includes outdoor cultivation must comply with the following:

(1)

A minimum of 20 contiguous acres is required.

(2)

The crops must be setback a minimum of 300 feet from the property lines.

(3)

There must be fencing of six feet around the perimeter and a landscaped or screened buffer is required to be placed outside of the fence but within the setback area, which may consist of a berm, trees, or combination thereof.

(4)

The crops cannot be visible from any public right-of-way.

(5)

No retail sales shall be allowed at the same location as any business with an outdoor cultivation business license.

(e)

Indoor cultivation. Any cannabis or lower-potency hemp cultivation that involves indoor cultivation, such as, but not limited to, enclosed buildings, greenhouses, and hoop houses, must comply with the following:

(1)

A minimum of 20 contiguous acres is required.

(2)

Interior lighting restrictions within any greenhouse or hoop house shall be part of the conditional use permit.

(f)

Manufacturing, production, testing or processing of cannabis or wholesale (if products stored on site). Must comply with the following performance standards:

(1)

No exterior storage is allowed, including storage of products in semis or trailers that are parked outside of an enclosed building.

(2)

All mechanical, odor suppression equipment and trash enclosures must be screened and approved as part of a conditional use permit or other planning approval.

(g)

Performance standards for all cannabis uses.

(1)

Hours of operation for retail sales of cannabis or lower-potency hemp edible products are permitted from 10:00 a.m. to 9:00 p.m., seven days a week. Retail sales of lower-potency beverages at on-sale intoxicating liquor establishments or off-sale exclusive liquor stores with a valid City registration and State license are permitted during the hours of operation associated with the intoxicating liquor establishment.

(2)

Breweries and distilleries and off-sale exclusive liquor stores:

Breweries and distilleries with an on-sale liquor license that have a current lower-potency hemp edible City registration and a State license may sell lower-potency hemp edible products for on-site consumption. The business must provide a copy of an insurance certificate with general liability coverage in an amount of at least $1,000,000.00 with an endorsement for these products. The breweries and distilleries may only sell lower-potency hemp edible products that they manufacture on the premises.

Breweries and distilleries with an off-sale liquor license that have a current lower-potency hemp edible City registration and a State license may sell lower-potency hemp edible products. The business must provide a copy of an insurance certificate with general liability coverage in an amount of at least $1,000,000.00 with an endorsement for these products. The breweries and distilleries may only sell lower-potency hemp edible products that they manufacture on the premises.

Off-sale exclusive liquor stores that have a current lower-potency hemp edible City registration and a State license may sell lower-potency hemp edible beverages. The business must provide a copy of an insurance certificate with general liability coverage in an amount of at least $1,000,000.00 with an endorsement for these products.

(3)

No cannabis or lower-potency hemp edible use shall be permitted as part of any adult use establishment, as defined in Section 6-42.

(4)

No retail sales, including on-site consumption, are allowed in the A-P zoning district.

(5)

Cannabis and lower-potency hemp edible uses and businesses shall not violate State laws or City codes, including City Code Chapter 10 regarding nuisances. Conditions may be imposed by the City Council to address any nuisance activity.

(6)

Distance restrictions. Distances from a cannabis or lower-potency hemp edible uses are measured from the storefront of a retail use and from the property line of all other uses.

There must be at least 1,000 feet between each cannabis use or lower-potency hemp edible use.

The location of the cannabis use must be located:

More than 1,000 feet from a school as measured from property line of the school to the cannabis business;

More than 500 feet from a residential treatment facility, as measured from the property line of the facility to the cannabis use;

More than 500 feet from an attraction within a public park that is regularly used by minors, such as, but not limited to, a playground, athletic field, athletic court, picnic area or restrooms, pavilion or park building, disc golf features, as each is measured from the location of the public park attraction to the cannabis use.

A cannabis use shall not be closer than 200 feet from a residential zoning district, as measured from the property line of the residential zoning district to the cannabis business, unless a larger setback is required in this chapter.

All buildings used for manufacturing, production, testing or processing of cannabis or wholesale (if products stored on site) must be setback a minimum of 500 feet from a residential zoning district or residential use as measured from the property line of the cannabis use to the property line of the nearest residential zoning district or residential use.

Exemptions to distance restrictions.

Lower-potency hemp edible retail uses must comply with Subsection 28-390(g)(6)a., however, they are exempt from the distance restrictions in Subsection 28-390(g)(6)b.

Lower-potency hemp edible manufacturing uses must comply with Subsection 28-390(g)(6)a. They must also comply with Subsection 28-390(g)(6)b.5. unless part of a brewery or distillery.

Off-sale exclusive liquor stores with a current lower-potency hemp edible City registration and a State license are exempt from the distance restrictions in Subsections 28-390(g)(6)a. and (g)(6)b. and their use does not count against other cannabis uses for purposes of the distance restrictions from another cannabis use in Subsection 28-390(g)(6)a.

(7)

Signs must comply with the standards in Section 28-348 for the relevant zoning district in which the business is located, except for the following:

No cannabis business shall have more than two signs; and

Blinking, moving, and flashing signs that are visible from the exterior of the building are prohibited;

No lower-potency hemp edible use shall advertise the lower-potency hemp edible products on more than one exterior sign; and

No interior sign shall be visible from the exterior of the building.

(8)

Cannabis uses must meet the minimum parking requirements for each type of use as stated in Section 28-349, for example, retail must meet the retail requirements, manufacturing must meet the manufacturing parking requirements. If there is a combination of cannabis uses at the same location, the use that requires the largest number of spaces must be met.

(9)

A security plan must be submitted to and approved by Police Department addressing how the business will protect the public health, safety, and welfare. The security plan must include, but is not limited to, addressing issues surrounding parking, traffic, securing of monetary transactions, building security and alarm systems both internal and external, screening, lighting, window and door placement, landscaping, age verification devices, and hours of operation.

(Ord. No. 1225, § 2, 12-3-2024; Ord. No. 1241, § 2, 10-21-2025)

Sec. 28-420. - Solid waste disposal sites.

(a)

Defined. The term "solid waste disposal site" means any site including a sanitary landfill or dump used for the disposal of solid or semisolid wastes from more than one premises or from a commercial or industrial operation, not suitable for discharge into water carriage waste disposal systems.

(b)

Prohibited generally. Solid waste disposal sites are prohibited in the City.

(Code 1998, § 31-528)

Stillwater City Zoning Code

ARTICLE V

- PERFORMANCE STANDARDS

Sec. 28-321. - Home occupations.

The regulations contained in this section are intended to control over any inconsistent regulations that might appear in this chapter.

(1)

Type I home occupations.

Type I home occupations are permitted uses in the RA, LR, TR, CR or RB zoning districts if the home occupation is in compliance with the following regulations:

No outside storage or display of products, equipment, or merchandise;

No in person retail sales;

No traffic that is greater than the residential level of the neighborhood;

No separate business entrance;

No signs;

Not more than 15 percent of the total gross floor area of a dwelling unit or 300 square feet, whichever is less is devoted to home occupation use;

No activity or equipment may be used that creates noise, vibration, glare, fumes, odor, or electric or television interference is permitted if it is detectable by adjacent neighbors;

All Type I home occupations must be registered with the Community Development Director on a form provided by the City; and

Any Type I home occupation use that exceeds the standards set forth in this section requires a conditional use permit; and

10.

No nonresident employees are permitted.

No outside storage or display of products, equipment, or merchandise;

No in-person retail sales;

No traffic that is greater than the residential level of the neighborhood;

No separate business entrance;

No signs;

Not more than 15 percent of the total gross floor area of a dwelling unit or 300 square feet, whichever is less, is devoted to home occupation use;

No activity or equipment may be used that creates noise, vibration, glare, fumes, odor, or electric or television interference is permitted if it is detectable by adjacent neighbors; and

No nonresident employees are permitted.

(2)

Type II home occupations.

Type II home occupations are allowed in the RA, LR, TR, CR, CTR, CCR, or CTHR zoning districts if a conditional use permit for the occupation is first obtained.

The following regulations with regard to Type II home occupations must be observed and the regulations made a part of any conditional use permit issued for the occupation:

No outside storage or display of products, equipment or merchandise is permitted;

Any retail sales must be accessory or incidental to the primary residential use;

Infrequent hobby, craft or art sales are permitted twice per year for not more than six days per calendar year;

Customers must be scheduled by appointment;

Off-street parking must be provided for any customers;

No signs are permitted;

Not more than 20 percent of the total gross floor area of the dwelling unit may be used for the home occupation or 400 square feet, whichever is less;

Business hours are limited to the period of 7:00 a.m. to 8:00 p.m.;

No nonresident employees are permitted;

10.

No traffic that is greater than the normal residential area within the neighborhood; and

11.

(3)

Type III home occupations.

Type III home occupations are allowed only in the RB and CTHR zoning districts if a conditional use permit is first granted.

Type III home occupation permits must observe the following conditions and the conditions must be made a part of any conditional use permit:

No outside storage or display of products, equipment, or merchandise is permitted;

Any retail sales must be accessory or incidental to the primary residential use;

Infrequent hobby, craft or art sales are permitted twice per year for not more than six days per calendar year;

Any sign must be unlighted and smaller than two square feet;

Customers are permitted by appointment only;

Not more than 20 percent of the total gross floor area of the dwelling unit may be used for the home occupation or 400 square feet, whichever is less;

No activity or equipment may be used that creates noise, vibration, glare, fumes, odor, or electric or television interference is permitted if it is detectable by adjacent neighbors;

Business hours are limited from 7:00 a.m. to 8:00 p.m.;

Off-street parking must be provided for customers;

10.

No more traffic which is allowed other than in a normal residential area;

11.

No more than one nonresident employee is allowed; and

12.

(Code 1998, § 31-500)

Sec. 28-322. - Accessory structures and garages.

(a)

General Provisions. The following provisions apply to accessory structures and attached garages located in all residential zoning districts unless otherwise noted below:

(1)

Accessory structures may not exceed 20 feet and not exceed the height of the main residence.

(2)

Accessory structures square footage may not exceed the principal dwelling's footprint.

(b)

In AP districts:

(1)

No accessory structures may be located within the required front yard.

(2)

All accessory structures located within a side yard must be set back a minimum of ten feet from the side lot line in the case of an interior lot or 25 feet in the case of a corner lot.

(3)

All accessory structures located in the rear yard must be set back a minimum of 25 feet from the rear lot line.

(4)

Height of agricultural structures may not exceed a maximum of 50 feet.

(c)

In LR districts:

(1)

(2)

All accessory structures must meet the requirements for the bluff and shoreline set forth in Section 28-298 (Shoreland Management Overlay District).

(3)

No accessory structures or uses that result in the cutting of trees or clearing of vegetation are permitted.

(4)

(d)

In CTR districts:

(1)

One attached garage and one accessory structure may be located on a residential lot, when all applicable zoning standards are met.

(2)

Garages and accessory structure uses may include one or more of the following:

Accessory dwelling unit;

Accessory dwelling and one enclosed structure parking space;

Home office;

Storage; and/or

Recreation room.

(3)

Garages and accessory structures must be set back at least six feet behind the front wall of the house or porch.

(4)

Accessory structure must not result in the loss of significant trees or require major site alteration;

(5)

Only one accessory structure may be located on a residential lot.

(6)

Maximum size of an accessory structure is:

500 square feet, one story use of loft area is allowed; or

720 square feet (when grade level used as only garage, i.e., no garage attached to primary structure), 20 feet maximum building height.

(7)

An accessory structure must abide by the following setbacks:

Side yard, five feet; and

Rear yard, ten feet.

(8)

Accessory structures may not have window openings facing the rear property line.

(9)

Accessory structures located on corner lots must have the garage doors turned away from the side street.

(e)

In RA districts:

(1)

(2)

The total ground coverage of the accessory structures shall not exceed the ground coverage of the principal building.

(3)

No more than two accessory structures, one of which cannot exceed 120 square feet maximum, shall be located on a residential premises.

(4)

An accessory structure shall not be designed or used for human habitation, business or industrial accessory use.

(5)

(6)

Side and rear yard setback. An accessory structure located entirely in the side yard at least six feet from the main building shall have a minimum side and rear yard setback of five feet.

(f)

In TR districts:

(1)

(2)

One attached garage and one accessory structure may be located on a residential lot, when all applicable zoning standards are met.

(3)

Uses for attached garage and accessory structures may include one or more of the following:

Accessory dwelling unit (500 square feet maximum);

Accessory dwelling and one enclosed structure parking space (720 square feet maximum);

Home office; and/or

Storage.

(4)

Maximum size of an accessory structure is:

500 square feet, one story use of loft area is allowed; or

720 square feet (when grade level used as only garage, i.e., no garage attached to primary structure), 20 feet maximum building height.

(5)

An accessory structure must abide by the following setbacks:

Side yard, five feet; and

Rear yard, ten feet.

(6)

Accessory structures shall not have window openings facing the rear property line.

(7)

Accessory structures located on corner lots shall have the garage doors turned away from the side street.

(8)

If there are two garages on-site, a minimum of one garage shall not face the street or streets if a corner lot.

(g)

In CCR districts:

(1)

Accessory structures are not allowed.

(2)

Attached garages. Attached garages shall be regulated as follows:

On 70 percent of the lots, garages must be set back a minimum of six feet behind the front wall or the front porch of the residence.

On 30 percent of the lots, garages may extend beyond the front line of the dwelling. These garages may be side loaded.

Third car garages may be side entry or separated from the main garage, at an angle to the main garage, or otherwise screened by a portion of the house, porch, or facade.

Corner lots may have side loaded garages.

Garages may be no larger than three stalls.

(h)

In RB districts:

(1)

(2)

The total ground coverage of the accessory structures shall not exceed the ground coverage of the principal building.

(3)

No more than two accessory structures, one of which cannot exceed 120 square feet maximum shall be located on a residential premises.

(4)

(i)

In CTHR districts: Townhouse garages must front on private alleys. Only end units may front on public streets. Elevation views should include patios and porches.

(j)

In RR districts:

(1)

No accessory structures may be located within the required front yard.

(2)

All accessory structures located within a side yard must be set back a minimum of 15 feet from the side lot line in the case of an interior lot or 40 feet in the case of a corner lot.

(3)

All accessory structures located in the rear yard must be set back a minimum of 25 feet from the rear lot line.

(Code 1998, § 31-501; Ord. No. 1202, § 3(31-501), 6-6-2023)

Sec. 28-323. - Accessory dwellings.

(a)

In TR districts:

(1)

Lot size must be at least 10,000 square feet;

(2)

Accessory dwellings may be located within or attached to the primary structure, or within an accessory structure (detached from the primary structure);

(3)

Off-street parking requirements for an accessory unit and single family residence must be provided;

(4)

A detached accessory dwelling must be located in the rear yard of the primary residence;

(5)

Detached accessory dwelling units shall not have roof dormers that face the nearest residential lot side yard property line;

(6)

Accessory structures will not result in the loss of significant trees or require major site alteration.

(b)

In CTR districts:

(1)

Lot size on which an accessory dwelling is located must be at least 14,000 square feet;

(2)

Accessory dwellings may be located within or attached to the primary structure, or within an accessory structure (detached from the primary structure);

(3)

Off-street parking requirements for an accessory unit and a single-family residence must be provided;

(4)

A detached accessory dwelling must be located in the rear yard of the primary residence;

(5)

Detached accessory dwelling units may not have roof dormers that face the nearest residential lot side yard property line;

(6)

Accessory structure must not result in the loss of significant trees or require major site alteration.

(c)

In RB districts: an accessory dwelling unit is a specially permitted use in the RB district subject to the following regulations:

(1)

Lot size must be at least 10,000 square feet;

(2)

The accessory dwelling unit may be located on second floor above the garage;

(3)

The accessory dwelling unit must abide by the accessory structure setbacks for side and rear setbacks;

(4)

Off-street parking requirements for an apartment and single-family residence (four spaces) must be provided;

(5)

Maximum size of the accessory dwelling unit is 800 square feet;

(6)

The application requires administrative design review for consistency with the primary unit in design, detailing and materials;

(7)

The height may not exceed that of the primary residence; and

(8)

Both the primary and accessory dwelling unit must be connected to municipal sewer and water services and be located on an improved public street.

(9)

Maximum size of an accessory structure footprint may not exceed 1,000 square feet and is considered part of the total allowable accessory structure and attached garage square footage.

(Code 1998, § 31-502; Ord. No. 1202, § 3(31-502), 6-6-2023)

Sec. 28-324. - Duplex accessory dwelling units.

In TR districts: duplex accessory dwelling units are permitted special uses in the TR district subject to the following requirements:

(1)

Minimum lot size is 12,000 square feet.

(2)

Garages must be separated if street facing or on separate street fronts for corner lots.

(3)

The design of the duplex must appear as a single-family house.

(4)

The number of duplexes is limited by the PUD for the subject property.

(5)

Duplexes must be located at least 200 feet apart.

(6)

Design review is required for consistency with traditional neighborhood design guidelines.

(7)

Duplexes must meet the development standards for single family structures.

(8)

Home offices are permitted accessory uses if located above a garage that is located in the rear yard.

(Code 1998, § 31-503; Ord. No. 1202, § 3(31-503), 6-6-2023)

Sec. 28-325. - Bed and breakfast.

(a)

(1)

(2)

The dining facilities must not be open to the public and must be used exclusively by the registered guests unless allowed as a separate permitted or special use.

(3)

Bed and breakfast uses in residential areas must be located at least 900 feet apart (approximately three blocks).

(4)

An identification sign not exceeding four square feet may be located on the site. The sign must match the architectural features of the structure.

(5)

Bed and breakfast establishments are prohibited in all other districts.

(6)

The bed and breakfast structure must be at least 100 years old or show proof of historic significance to the City.

(7)

The maximum of five bed and breakfast guestrooms may be established in a structure. The following lot and structure size criteria determines the number of guestrooms allowed:

Max. Number Guestrooms Permitted	Original Number of Bedrooms	Max. Gross House Size, Not Including Basement, in Square Feet	Min. Zoning Lot Size in Square Feet
1	2	Up to 2,499	7,500
2	3	2,500—2,999	10,000
3	4	3,000—3,499	10,000
4	5	3,500—4,999	15,000
5	6	5,000 up	20,000