For the purposes of this chapter, the city shall be divided into the following districts, and the uses of structures and land, the height of buildings and the area of premises for buildings are to be uniform in each district:

(1)

Residence one (R-1).

(2)

Residence two (R-2).

(3)

Residence three (R-3).

(4)

Residence four (R-4).

(5)

Commercial one (C-1).

(6)

Commercial one-A (C-1A).

(7)

Commercial two (C-2).

(8)

Commercial two-A (C-2A).

(9)

Commercial three (C-3).

(10)

Office (O).

(11)

Office-business (OB).

(12)

Industrial (I).

(13)

City center (CC).

(14)

Planned unit development (PUD).

(15)

Water management (WM).

(16)

Waterworks (WW).

(Code 1999, § 7.010)

The boundaries of the districts shall be shown on the official zoning map in the city hall. No building shall be erected or premises used for any purpose unless in compliance with the restrictions prescribed for the district in which the building or premises are located.

(Code 1999, § 7.020)

The purpose of the R-1 district is to provide for low-density single-family detached and two-family dwelling uses and directly related complementary uses.

(Code 1999, § 9.010; Ord. No. 723, § IV(9.010), 2-20-2018)

(a)

Permitted uses. The permitted uses are as follows:

(1)

Single-family detached dwellings connected to public sanitary sewer containing not more than one dwelling unit, and having direct access to a public street, but not including manufactured homes.

(2)

Recreational facilities as follows:

a.

Athletic fields, parks and playgrounds.

b.

Golf clubs.

(3)

Crop or truck farming, but not including commercial feed lots or other commercial operations.

(4)

Nurseries, tree farms, and greenhouses, but not including retail sales.

(5)

Public utility uses, public parks, provision of underground utilities, and the use of solar energy systems, including solar collectors for the use of the particular site, storage facilities, and distribution components for space heating and cooling and domestic water heating.

(6)

Beekeeping, in compliance with the following conditions:

a.

The maximum colony density per lot shall be as follows:

b.

Buildings, hives, apiaries, or other areas containing bees are only permitted in rear yards and shall have minimum setbacks of 50 feet from an adjacent principal dwelling and 20 feet from any property boundary line.

c.

Colonies shall be kept in hives with removable frames that shall be kept in sound and usable condition and shall not exceed six feet in height.

d.

A convenient source of water is available at all times that the colony remains active outside of the hive.

e.

Wax comb or other materials stored outside shall be within closed containers with lids.

f.

An inactive hive shall be removed within 30 days if no longer occupied by a colony.

g.

The use shall not constitute a public nuisance and shall be in compliance with the applicable code requirements.

h.

Honey produced on the property shall be for personal use and consumption by the owners of the premises and shall not be sold or offered for sale.

i.

Any use and/or structure permitted under this section may be inspected at any reasonable time by the animal control officer, or other agent of the city, to verify compliance with the applicable performance standards.

(b)

Accessory uses. The accessory uses are as follows:

(1)

Detached private garages 1,200 square feet or less, in compliance with section 38-605.

(2)

Greenhouses related to private residential use.

(3)

Accessory buildings up to 200 square feet for the storage of domestic supplies, provided that no more than two of these types of structures shall be allowed per single-family dwelling or lot.

(4)

Privately-owned swimming pools and tennis courts for the use and convenience of the residents.

(5)

Rectories, parsonages and parish houses.

(6)

Signs, in compliance with article VI of this chapter.

(7)

Chickens, in compliance with section 6-212.

(8)

Home occupations according to the following conditions:

a.

The home occupation shall be carried on by members of the family residing in the dwelling unit.

b.

The home occupation shall be carried on wholly within the principal or accessory structures.

c.

Objectionable noise, vibration, smoke, dust, electrical disturbance, odor, heat, or glare shall not be produced.

d.

Articles not produced on the premises shall not be sold on the premises.

e.

Hours of operation shall be limited from 7:00 a.m. to 7:00 p.m.

f.

On-site advertising is prohibited.

g.

Home occupations operating in violation of the applicable conditions contained herein or elsewhere in this Code shall cease operation upon notice from the city, unless a conditional use permit is approved, as in subsection (c)(3) of this section.

(9)

Attached accessory dwelling units, in compliance with section 38-626.

(c)

Conditional uses. The conditional uses are as follows:

(1)

Single-family detached dwellings not connected to public sanitary sewer, subject to environmental constraints as determined by the city engineer.

(2)

Two-family dwellings, when the structure is considered generally compatible and harmonious with the surrounding dwellings in terms of scale, height, and exterior design, as determined by the city council.

(3)

Home occupations that do not qualify as an accessory use under the applicable conditions in subsection (b)(8) of this section.

(4)

Riding stables or horse raising according to the following conditions: each horse kept primarily for riding shall be maintained on at least one acre of land per horse, and the land where such horse is kept shall be entirely fenced so as to contain the horse within such land, and adequately drained so as to cause no health hazard or nuisance to adjacent property. The fence shall be constructed within all zoning setback lines and be more than 100 feet from any adjacent residential structure.

(5)

Accessory buildings in excess of 200 square feet, according to the following conditions:

a.

No more than one oversized shed shall be allowed per single-family home or lot;

b.

The height of these sheds shall be limited to single-story and shall not exceed the height of the principal building;

c.

The shed shall be used for the storage of domestic supplies, and may include the storage of lawn equipment and mowers, snowmobiles, ATVs or similar small personal recreation vehicles. The storage of private passenger vehicles/automobiles shall be prohibited; and

d.

Any new shed must be architecturally compatible or made with similar materials as the principal building.

(6)

Detached private garages in excess of 1,200 square feet, according to the following conditions:

a.

Compliance with applicable standards contained in section 38-605; and

b.

Any new detached private garage must be architecturally compatible or made with similar materials as the principal building.

(7)

Retail sale of nurseries, tree farms, greenhouses, or related products, but only if a given percentage of the total site area is devoted to the growing of nursery stock within the soil, to conservation use, or is wholly unimproved, such percentage to be determined by the city council based on the criteria in section 38-43.

(8)

Kennels, for detached single-family homes of more than five domestic animals.

(9)

Public buildings.

(10)

Churches.

(11)

Schools.

(12)

Small wireless facilities, in compliance with section 38-606 and chapter 30, article III.

(13)

Detached accessory dwelling units, in compliance with section 38-626.

(Code 1999, § 9.020; Ord. No. 723, § V(9.020), 2-20-2018; Ord. No. 725, § I(9.020), 3-6-2018; Ord. No. 732, § II, att.(38-98), 2-5-2019; Ord. No. 774, § II, 7-16-2024; Ord. No. 789, §§ I, II, 6-3-2025)

¹ Lot area to be dictated by building area, parking requirements, lot dimension requirements, and setbacks.

² Subject to environmental constraints as determined by the city engineer.

(Code 1999, § 9.030; Ord. No. 723, § VI(9.030), 2-20-2018)

The minimum building setback shall be measured from the applicable lot line or public street right-of-way line.

¹ Including accessory building.

² Measured from roof projections, as in section 38-101(3).

³ Cannot exceed the height of the principal structure, as in section 38-605(c).

(Code 1999, § 9.040; Ord. No. 723, § VII(9.040), 2-20-2018; Ord. No. 732, att.(38-100), 2-5-2019)

The above listed setback and yard requirements are subject to the following additional requirements:

(1)

Front street setback. When more than 25 percent of the frontage on the side of a street between intersections is occupied by structures having setbacks from street rights-of-way of greater or lesser amounts than herein required, the average setback of all existing buildings between the intersections shall be maintained by all new or relocated structures. In the event a building is to be built where there is such an established average setback different from that required hereinafter and there are existing buildings on one side only, the front setback of the new building need be no greater than that of the next adjoining existing building. In case the building is to be built where there is such an established average setback and there are existing buildings on both sides of the new building, the front setback shall not be required to be greater than that which would be established by connecting a straight line between the forward most portion of the first adjacent building on each side.

(2)

Corner side street setback. The required setback from a side street property line for a single family residence or its accessory uses shall be increased from 20 feet to that required for front street setbacks when there is an adjoining interior lot facing on the same street. When a garage fronts on a side street, the garage must maintain at least a 20 foot setback from the street right-of-way line.

(3)

Roof projections into required side yards. Roof projections must conform to section 38-100.

(4)

Conflicting provisions. This section shall control over any inconsistency with swimming pool setbacks in chapter 8, article 3, division 4.

(5)

Accessory uses in corner side areas. All accessory uses in corner side area shall not exceed the fence height pursuant to section 38-607.

(Ord. No. 723, § VII(9.042), 2-20-2018)

For purposes of the above setbacks, a delineated wetland edge shall be considered the same as a property line or right-of-way line; provided that rear yard attached decks up to ten feet in depth may intrude into the rear yard setback area. Variances to wetland setbacks may be considered by the city council when reasonable use of the land would be difficult or impossible if the standard were strictly adhered to considering the following factors:

(1)

The lot is a minimum of 20,400 square feet and a large proportion of non-wetland area exists on the site;

(2)

The proposed structures could be shown to minimize effects on the surrounding neighborhood and blend in with the character of the locality;

(3)

The slope of the yard from the structures to the wetland is six to one or less;

(4)

The existing significant trees or vegetation could be saved by reducing setbacks;

(5)

The need for protection for various types of wetlands;

(6)

The intrusion into the wetland is minimal, as determined by the appropriate watershed district; or

(7)

The applicant can mitigate any intrusion on or offsite, as determined by the appropriate watershed district.

(Code 1999, § 9.045)

At least 5,100 square feet of the minimum lot area shall be non-wetland.

(Code 1999, § 9.047)

All uses in the R-1 district shall be subject to special limitations and conditions with respect to each as follows:

(1)

Single-family and two-family dwellings shall be connected to the public sanitary sewer, unless otherwise allowed and approved by conditional use permit in compliance with section 38-43.

(2)

Single-family and two-family dwellings shall have direct access to a public street.

(Code 1999, § 9.070; Ord. No. 723, § VIII(9.050), 2-20-2018)

All single-family dwellings in residence one, two, and three districts shall:

(1)

Have a width of at least 20 feet, measured at the narrowest dimension regardless of how it is oriented on the lot, and such width shall not include bay windows, overhangs, seasonal use rooms, garages or car ports;

(2)

Have 960 square feet of interior room;

(3)

Be connected to the municipal sanitary sewer system and to the municipal water system, if available;

(4)

Be set on a standard frost footing and a foundation with standard hold-down bolt requirements, and foundation insulations as per governmental energy standards and the applicable state building code; and

(5)

Have a roof of gable or hip design and be covered with a city-approved roofing material.

(Code 1999, § 9.060)

Notwithstanding the provisions of section 38-100, one developer may construct two single-family dwellings with a common wall and boundary line for which there may be no building setback from the common boundary, provided:

(1)

Each lot shall meet all other setback requirements for a two-family dwelling;

(2)

Separate services shall be furnished and provided to each dwelling for sanitary sewer and water;

(3)

No fence or shrubbing divider shall be installed or maintained on the common boundary line.

(Code 1999, § 9.070)

Off-street parking shall be provided in accordance with section 38-610. Parking areas or circulation drives shall be setback at least five feet from any lot line.

(Code 1999, § 9.080)

The purpose of the R-2, residential district is to provide for moderate density residential development through any of a variety of housing types.

(Code 1999, § 10.010)

(a)

Permitted uses. Permitted uses are as follows:

(1)

All permitted uses in the R-1 district.

(2)

Residences containing two dwelling units.

(b)

Accessory uses. Accessory uses are as follows:

(1)

All accessory uses permitted in the R-1 district.

(c)

Conditional uses. Conditional uses are as follows:

(1)

All conditional uses permitted of the R-1 district, subject to the same applicable conditions, except kennels.

(2)

Townhouses or condominiums containing three to eight dwelling units.

(Code 1999, § 10.020; Ord. No. 723, § IX(10.020), 2-20-2018)

(Code 1999, § 10.030; Ord. No. 723, § X(10.030), 2-20-2018)

The minimum building setback shall be measured from the applicable lot line or public street right-of-way line.

¹ Add six inches for each one foot the average height of the building exceeds 20 feet.

² Measured from roof projections, as in section 38-101(3).

(Code 1999, § 10.040; Ord. No. 723, § XI(10.040), 2-20-2018; Ord. No. 732, att.(38-131), 2-5-2019)

For purposes of the above setbacks, a delineated wetland edge shall be considered the same as a property line or right-of-way line; provided that rear yard attached decks up to ten feet in depth may intrude into the rear yard setback area. Variances to wetland setbacks may be considered by the city council where reasonable use of the land would be difficult or impossible if the standard were strictly adhered to considering the following factors:

(1)

When the lot is a minimum of 18,000 square feet and a large proportion of non-wetland area exists on the site;

(2)

When the proposed structures could be shown to minimize effects on the surrounding neighborhood and blend in with the character of the locality;

(3)

When the slope of the yard from the structures to the wetland is six to one or less;

(4)

When existing significant trees or vegetation could be saved by reducing setbacks;

(5)

The need for protection for various types of wetlands;

(6)

When the intrusion into the wetland is minimal, as determined by the appropriate watershed district; or

(7)

When the applicant can mitigate any intrusion on or offsite, as determined by the appropriate watershed district.

(Code 1999, § 10.045)

At least 4,500 square feet of the minimum lot area shall be non-wetland.

(Code 1999, § 10.047)

Off-street parking shall be provided in accordance with section 38-610. Parking areas or circulation drives shall be setback at least five feet from any lot line.

(Code 1999, § 10.050)

(a)

Accessory buildings for single-family dwellings shall be as set forth in section 38-100.

(b)

Accessory buildings for multiple residential dwellings shall observe the same setback as established for the multiple residential dwellings, except that the accessory buildings located within the rear yard may be located to within ten feet of the rear of interior side property line. The city council may require common walls for accessory buildings where common walls will eliminate unsightly and hazardous areas.

(Code 1999, § 10.060; Ord. No. 723, § XII(10.060), 2-20-2018)

The purpose of the R-3 district is to provide for medium- to high-density housing in multiple-family structures and directly related complementary uses.

(Code 1999, § 11.010)

(a)

Permitted uses. Permitted uses are as follows:

(1)

Multifamily residential structures containing four or less dwelling units.

(2)

All permitted uses in the R-2 district.

(b)

Accessory uses. Accessory uses are as follows:

(1)

All accessory uses in an R-1 district, except accessory dwelling units.

(c)

Conditional uses. Conditional uses are as follows:

(1)

Multifamily residential structures containing five or more dwelling units including apartments.

(2)

Housing intended for the elderly, which may include independent living, assisted living or memory care housing, congregate dining rooms, rooms or facilities shared among the residents, shops selling gifts or sundries, nursing services and help with daily activities.

(3)

Nursing homes, in compliance with section 38-159.

(4)

Public buildings.

(5)

Churches.

(6)

Schools.

(7)

Small wireless facilities, in compliance with section 38-606 and chapter 30, article III.

(8)

Ancillary building as part of a multifamily residential development, subject to the following conditions:

a.

No multifamily residential development shall have more than one such building on the property.

b.

Uses within the building shall be limited to office(s) for current employee(s) of the property management and/or leasing company, one residential unit for a current employee of the property management and/or leasing company, or laundry and/or community facility for residents.

c.

Attached garage/storage space within the building shall not exceed 1,200 square feet.

d.

Building height shall not exceed 35 feet or the height of the existing multifamily residential building(s) on the property, whichever is less.

e.

Building design and exterior materials shall match the existing multifamily residential building(s) on the property.

f.

Building shall not exceed 5,000 square feet of total floor area.

g.

Building shall be at least ten feet or more from all lot lines of adjoining lots and shall not be located within a drainage and utility easement.

(Code 1999, § 11.020; Ord. No. 723, § XIII(11.020), 2-20-2018; Ord. No. 725, § II(11.020), 3-6-2018; Ord. No. 742, § I, 5-5-2020; Ord. No. 774, § III, 7-16-2024)

¹ May be adjusted for certain uses by the schedule of allowances, as in section 38-157.

(Code 1999, § 11.030; Ord. No. 723, § XIV(11.030), 2-20-2018)

(a)

For each parking stall in or under the apartment building or otherwise completely underground, subtract 400 square feet from the total minimum lot area.

(b)

For each unit with a balcony of not less than 45 square feet, subtract 200 square feet from the total minimum lot area.

(c)

This schedule of allowances does not apply to senior housing.

(Code 1999, § 11.040)

The minimum building setback shall be measured from the applicable lot line or public street right-of-way line.

¹ Measured from roof projections, as in section 38-101(3), for single-family detached and two-family dwellings.

² Add six inches for each one foot over 20 feet that the average height of the building exceeds.

(Code 1999, § 11.050; Ord. No. 723, § XV(11.050), 2-20-2018; Ord. No. 729, § XV, 9-18-2018; Ord. No. 732, att.(38-158), 2-5-2019)

The following standards will be considered when reviewing an application for a conditional use permit for a nursing home:

(1)

Access will be via a collector or arterial street, as defined in the comprehensive plan.

(2)

Nearby housing will be buffered from parking, loading, pick-up areas and trash handling by location, orientation, setback, plantings, fencing and building.

(3)

Nearby housing will be shielded from exterior lighting glare.

(4)

Parking will be provided in compliance with section 38-610(e).

(Code 1999, § 11.052; Ord. No. 723, § XVI(11.052), 2-20-2018)

For purposes of the above setbacks, a delineated wetland edge shall be considered the same as a property line or right-of-way line; provided that rear yard attached decks up to ten feet in depth may intrude into the rear yard setback area. Variances to wetland setbacks may be considered by the city council where reasonable use of the land would be difficult or impossible if the standard were strictly adhered to considering the following factors:

(1)

When the lot is a minimum of 16,800 square feet and a large proportion of non-wetland area exists on the site;

(2)

When the proposed structures could be shown to minimize effects on the surrounding neighborhood and blend in with the character of the locality;

(3)

When the slope of the yard from the structures to the wetland is six to one or less;

(4)

When existing significant trees or vegetation could be saved by reducing setbacks;

(5)

The need for protection for various types of wetland;

(6)

When the intrusion into the wetland is minimal, as determined by the appropriate watershed district; or

(7)

When the applicant can mitigate any intrusion on or off site, as determined by the appropriate watershed district.

(Code 1999, § 11.055)

At least 4,200 square feet of the minimum lot area shall be non-wetland.

(Code 1999, § 11.057)

Off-street parking shall be provided in accordance with section 38-610. Parking areas or circulation drives shall be setback at least five feet from any lot line.

(Code 1999, § 11.060)

Accessory buildings shall observe the same setback requirements established for the multiple-residence building, except that accessory buildings located within the rear yard of the multiple-residence building may be located to within ten feet of the rear or interior side property line. The city council may require common walls for accessory buildings where common walls will eliminate unsightly and hazardous areas.

(Code 1999, § 11.070)

Condominiums, as defined and regulated by M.S.A. ch. 515, shall be considered as multiple-family dwelling structures in this chapter and shall be subject to all residence three district requirements, except as modified by the following:

(1)

Approval of condominiums floor plan. The condominium floor plan required in M.S.A. § 515.13 shall not be filed with the register of deeds until the same has been tendered to and approved by the city. A transparency of the floor plan shall be given to the city along with a copy of declaration required by M.S.A. § 515.11.

(2)

Converting existing structure to condominium use. Where any existing multiple-family dwelling is proposed for conversion to a condominium use:

a.

The proposed condominium use shall comply with all present zoning and building requirements.

b.

A certificate of occupancy for each unit shall be obtained under section 8-107 prior to approval of the floor plan.

(3)

Condominium minimum unit size. Each unit of a condominium shall have minimum dimensions and minimum number of rooms as set forth in section 8-57.

(Code 1999, § 11.080; Ord. No. 732, § III, 2-5-2019)

The purpose of the R-4 district is to provide for the creation of medium-density manufactured home communities.

(Code 1999, § 12.010)

An area proposed for rezoning to R-4 shall be at least 20 acres in size. The proposed dwelling unit density shall be compatible with the comprehensive plan.

(Code 1999, § 12.020; Ord. No. 723, § XVII(12.020), 2-20-2018)

(a)

Permitted uses. Public utility uses, public parks, provision of underground utilities, and the use of solar energy systems including solar collectors for the use of the particular site, storage facilities, and distribution components for space heating and cooling and domestic water heating.

(b)

Conditional uses.

(1)

Manufactured homes.

(2)

Community buildings for use by manufactured home park residents.

(3)

Offices for the administration of the manufactured home park.

(4)

Laundry facilities for use by manufactured home park residents.

(5)

Public buildings.

(6)

Churches.

(7)

Schools.

(8)

Small wireless facilities, in compliance with section 38-606 and chapter 30, article III.

(c)

Accessory uses. Private storage buildings.

(Code 1999, § 12.030; Ord. No. 723, § XVIII(12.030), 2-20-2018; Ord. No. 725, § III(12.030), 3-6-2018; Ord. No. 732, att.(38-184), 2-5-2019)

(Code 1999, § 12.040; Ord. No. 723, § XIX(12.040), 2-20-2018)

The minimum building setback shall be measured from the applicable lot line or public street right-of-way line.

(Ord. No. 723, § XIX(12.041), 2-20-2018; Ord. No. 729, § XVI, 9-18-2018; Ord. No. 748, § I, 2-16-2021)

(a)

A license and building permit must be obtained from the city building department to establish, construct, or maintain a manufactured home park in the city.

(b)

The use of an area for the establishment of a manufactured home park shall be a compatible use with the surrounding community.

(c)

Such park shall be serviced by a central sanitary sewer and water system connected to the public sewer and water system of the city, subject to such additional requirements as the city may impose.

(d)

The manufactured home park ground shall be lighted from sunset to sunrise. The plan of maintenance procedures and grounds supervision shall be as approved by the city council. Streets shall be lit in a manner similar to that of other multiple-family residential areas of the city.

(e)

Dogs and other animals shall not be permitted to run at large or commit nuisances or other disturbances. Dogs shall be controlled in accordance with chapter 6, pertaining to animals.

(f)

No public address or loudspeaker system shall be permitted.

(g)

City-approved fire hydrants shall be located no more than 300 feet from any manufactured home.

(h)

Storage sheds of a design compatible with the main structure shall be provided for each manufactured home site.

(i)

All manufactured home parks must have a fenced and screened area set aside for dead storage and over-load parking. All boats, boat trailers, hauling trailers, and all other equipment not stored within the manufactured homes or the utility enclosure that may be provided shall be stored in a separate place provided by the park owner and not upon the plots occupied by manufactured homes, nor upon streets within the manufactured home park.

(j)

All land areas shall be landscaped in accordance with approved plans and be properly maintained, adequately drained, and kept clean and free from refuse, garbage, rubbish or debris.

(k)

There shall be no outdoor camping anywhere in the manufactured home park.

(l)

There shall be no commercial manufactured home sales located on park premises.

(m)

The city may add such other conditions and requirements as it may determine.

(Code 1999, § 12.042)

No person shall park any manufactured home on any street, alley, or highway, or other public place, or on any tract of land owned by any person, occupied or unoccupied, within the city, except as provided in this chapter.

(1)

Emergency or temporary stopping or parking is permitted on any street, alley, or highway for not longer than three hours subject to further prohibitions, regulations, or limitations imposed by the traffic and parking regulations or code provisions.

(2)

No person shall park or occupy any manufactured home on the premises of any occupied dwelling or any lot which is not part of the premises of any occupied dwelling, either of which is situated outside of any approved manufactured home park, except the parking of only one manufactured home unoccupied in any accessory private garage building, or in a rear yard in any district, is permitted providing no living quarters shall be maintained while such manufactured home is so parked or stored.

(3)

Temporary special permits may be issued by the council for the temporary use of a manufactured home as a dwelling or an office where the manufactured home is located outside of an authorized manufactured home park. Such temporary special permit shall be limited to periods of not more than 90 days and must be renewed at the end of each period. A fee as provided in in the city fee schedule must accompany each application for a temporary special permit. Each temporary special permit shall be displayed in a conspicuous location on the outside of the manufactured home.

(Code 1999, § 12.043)

(a)

Each lot shall be properly landscaped with grass, trees, and shrubs. Except for the areas used for the mobile home, patio, sidewalk, and off-street parking, the entire lot shall be sodded and maintained.

(b)

At least one shade tree (minimum caliper: two inches) shall be planted and maintained with each unit.

(c)

A concrete sidewalk not less than 30 inches in width shall be constructed adjacent to the concrete curb and on the unit side thereof. This sidewalk shall be connected to the manufactured home patio by a concrete walk not less than 24 inches in width. If the paved parking spaces abut the patio, these may substitute for the 24-inch concrete walk.

(d)

An effective year-round visual screen shall be provided along the exterior boundary of the manufactured home park using plant materials or a fence. Such screen shall be approved by the city council.

(Code 1999, § 12.050)

(a)

All streets, driveways and rights-of-way shall be constructed as approved by the council. Street rights-of-way shall be a minimum of 50 feet in width. All streets shall be public unless otherwise approved by the city council.

(b)

Access drives to all parking spaces, manufactured home sites and buildings shall be paved.

(c)

All streets shall have a concrete (surmountable) curb and gutter.

(d)

Ingress and egress from manufactured home parks shall be approved by the city.

(e)

All streets must be properly named, and signs must be installed with the name designation.

(f)

All streets and roadways shall be passable for emergency vehicles at all times.

(g)

Each manufactured home must have a house number placed on the unit so as to be visible from the street providing access to that unit.

(Code 1999, § 12.060)

Each lot shall have a paved off-street parking area for two automobiles.

(Code 1999, § 12.070)

(a)

Each manufactured home park shall have one or several central community buildings with a minimum floor area of 30 square feet per manufactured home lot served, one building to serve not more than 200 units. Parking spaces will be provided at the rate of one space per four manufactured home lots. One-half of the floor area is underground for use as a storm shelter.

(b)

Such building shall have central heating and be maintained in a safe, clean and sanitary condition. Artificial lighting shall be provided as required.

(c)

There shall be provided in the community building a general assembly and party room, public telephone, public toilets and lavatories, and laundry washing and drying areas. There shall be provided at least one washer and one dryer for each 20 lots.

(Code 1999, § 12.080)

A recreation area shall be established, constructed, and maintained within the manufactured home park site of not less than five percent of the total site.

(Code 1999, § 12.090)

To provide for a more creative and flexible response to the site conditions and natural resources, a manufactured home community may be developed under the planned unit development provisions of article III, division 14 of this chapter.

(Code 1999, § 12.100)

Failure to comply with any provision or requirement of this chapter or with any provision or requirement imposed upon the manufactured home park or owner or operator by terms of the conditional use permit or the terms of any contract agreement or stipulation entered into or imposed by the city council as part of or in connection with the license shall be cause for revocation of the manufactured home park permit by the council. A 15-day mailed notice of the violation and of the time and place of a hearing shall be accorded to the owner and operator by the council. Upon revocation of a permit by the council, no additional occupancies of the manufactured home in the park shall be allowed, but the council may allow a reasonable time for termination of occupancy.

(Code 1999, § 12.110)

The purpose of the C-1, neighborhood business district, is to provide for the establishment of local centers for convenient retail or service outlets which deal directly with the customer for whom the goods or services are furnished. These centers are to provide services and goods primarily for the surrounding neighborhoods and are not intended to draw customers from the entire community.

(Code 1999, § 13.010)

(a)

Permitted uses. Permitted uses are as follows:

(1)

Bakeries.

(2)

Barber shops and beauty parlors.

(3)

Candy and ice cream stores.

(4)

Clothes pressing and tailoring shops.

(5)

Convenience food stores without accessory gas pumps.

(6)

Pharmacies.

(7)

Dry cleaning and laundry receiving and pick-up stations, excluding laundering and dry cleaning.

(8)

Florist shops.

(9)

Hardware stores.

(10)

Launderettes and dry cleaning establishments that provide automatic, self-service facilities only.

(11)

Libraries.

(12)

Liquor stores, off-sale.

(13)

Offices (business, professional, or institutional) not to exceed 1,500 square feet in floor area for professional services.

(14)

Repair stores and fix-it shops that provide services for the repair of home, garden, yard and personal use appliances.

(15)

Tobacco shops.

(16)

Variety, gift, notion and soft good stores.

(17)

Game rooms, not to exceed 1,500 square feet in total floor area.

(18)

Convenience food restaurants, subject to the following conditions:

a.

Such restaurants shall not exceed 1,500 square feet in floor area;

b.

Limited indoor seating is allowed, subject to meeting the following parking requirements:

1.

Two parking spaces for each table;

2.

One space for each 500 square feet in floor area; and

3.

One space per two employees.

c.

Personal delivery services allowed:

1.

Shall not include drive-through and/or window pick-up services; and

2.

Shall not include any outdoor seating.

(19)

Public utility uses, public parks, provision of underground utilities, and the use of solar energy systems including solar collectors for the use of the particular site, storage facilities, and distribution components for space heating and cooling and domestic water heating.

(20)

Cannabis retailer, cannabis delivery service, lower-potency hemp edible retailer, and medical cannabis retailer, in compliance with section 38-625.

(b)

Conditional uses. Conditional uses are as follows:

(1)

Convenience food stores with gas pumps, subject to the following conditions: Pump islands shall be set back at least 25 feet from any street right-of-way, at least 40 feet from any non-street property line, and not less than 100 feet from any noncommercial district boundary.

(2)

Medical marijuana distribution facilities, in compliance with section 38-624.

(3)

Breweries, microdistilleries, and wineries in compliance with section 38-623.

(4)

Event center, including banquet, meeting, and catering facilities.

(c)

Accessory uses. Accessory uses are as follows:

(1)

Signs, in compliance with the applicable standards in article VI of this chapter.

(2)

Off-street parking facilities, in compliance with the applicable standards in section 38-610.

(3)

Temporary greenhouse/seasonal garden centers, as an accessory use to florist shops and hardware stores only, under the following conditions:

a.

A temporary greenhouse/seasonal garden center permit may be approved by the city council, upon recommendation of the city planner, city engineer and fire marshal.

b.

Only one temporary structure is allowed, with a maximum size of 750 square feet in area. The covered portion of a seasonal garden center may be no more than 12 feet in height, professionally designed and constructed, and maintained in a neat and attractive manner. Such a structure must be predominantly a single color that is compatible with the surrounding development. Colors, stripes or patterns may be permitted on no more than eight percent of the surface area of the sides and roof of the temporary structure.

c.

A seasonal garden center may occupy no more than 2,500 square feet of ground area.

d.

A seasonal garden center must be located in a portion of the site that will not disrupt typical parking needs, required service or vehicular movement, emergency access, or other site requirement, as determined by the city administrator in consultation with the city planner, city engineer and fire marshal.

e.

A seasonal garden center may be permitted at the discretion of the city council for up to 180 days in a calendar year, in the spring, summer and/or autumn months. The garden center must be removed and the site cleaned and restored to its original condition within 72 hours after the expiration of the permit.

f.

Only trees, shrubs, plants and flowers, and associated gardening merchandise may be sold or displayed in a seasonal garden center. The display of motorized, fuel-powered, electrical or mechanical gardening/lawn equipment shall be forbidden within the garden center.

g.

The outdoor portion of a seasonal garden center must be maintained in a neat and attractive manner, surrounded by an aesthetically approved fence that if temporary, may be no more than four feet in height, except at entrance openings. Plants and merchandise may not be displayed more than six feet above the ground. Boxes, cartons, bins or other similar storage devices are not permitted in the outdoor portion of the garden center.

h.

Signage for any seasonal garden center shall be limited to no more than a combined 32 square feet of area, which must be located adjacent to the outdoor area or affixed to the temporary building. No off-premises signage will be permitted.

i.

The conditions listed herein and/or additional conditions from city staff shall be complied with during the term of the approved permit. Any deviation from or violations of these conditions shall result in the immediate revocation of the permit.

(Code 1999, § 13.020; Ord. No. 724, § I(13.020), 3-6-2018; Ord. No. 729, § IX, 9-18-2018; Ord. No. 732, § IV, att.(38-215), 2-5-2019; Ord. No. 753, § II, 7-20-2021; Ord. No. 775, § II, 8-7-2024)

All uses permitted in the C-1 district shall be subject to special limitations and conditions with respect to each as follows:

(1)

All business establishments shall be retail or service establishments that deal directly with the customer for whom the goods or services are furnished.

(2)

Establishment of convenience food-type restaurants, selling, serving or offering goods or services directly to customers either waiting in parked vehicles, or to customers who return to their vehicles, to consume goods while on the premises of the principal use shall be prohibited.

(3)

Businesses located in a C-1 district that abuts any residential district shall restrict their hours of operation from 7:00 a.m. to 10:00 p.m., unless otherwise approved by the city council.

(Code 1999, § 13.030; Ord. No. 724, § II(13.030), 3-6-2018)

(a)

Access to commercial activities shall be allowed only on arterial or collector streets, or a street specifically designed for such development.

(b)

Curb cuts within a single proposed site shall not be spaced closer than 100 feet. Commercial developments of a small scale shall be encouraged to develop a common access drive and parking facilities. Incentives to promote development of shared parking facilities and access, such as reduction in setback or parking requirements, may be approved by the city council.

(c)

A turning lane and its appropriate right-of-way must be provided if the city council determines that one is needed.

(Code 1999, § 13.040)

(a)

To calculate lot coverage, the following areas shall be added together: area of the building as determined by the foundation plan; parking areas and driveways; loading, storage, trash areas, and all other areas covered with impervious material not purposely used for landscaping.

(b)

The maximum allowable lot coverage shall be 85 percent of the lot.

(Code 1999, § 13.050)

(a)

Setbacks. The minimum building setback shall be measured from the applicable lot line or public street right-of-way line. Street designations are based on the current comprehensive plan.

(b)

Building height. The maximum height of buildings shall be 18 feet.

(Code 1999, § 13.060; Ord. No. 724, § III(13.060), 3-6-2018)

The purpose of the C-1A, neighborhood business A district is to provide for the establishment of local centers for convenient retail or service outlets which deal directly with the customer for whom the goods or services are furnished. The uses allowed in this district are to provide services and goods primarily at the neighborhood scale, and secondarily at the city market scale in areas adjacent to Interstate 694.

(Code 1999, § 13A.010)

(a)

Permitted uses. Permitted uses are as follows:

(1)

All permitted uses of the C-1 district

(b)

Conditional uses. Conditional uses are as follows:

(1)

All conditional uses of the C-1 district, subject to the same applicable conditions.

(2)

Automobile detailing establishments, subject to the following conditions:

a.

Automobile detailing establishments site improvements such as buildings or structures (permanent or temporary) or parking areas shall be separated from any R-1, R-2, or R-3 district by at least 50 feet.

b.

All detailing equipment shall be used and enclosed within a building.

c.

No automobile detailing establishments on a site contiguous to any R-1, R-2, or R-3 district shall be operated between the hours of 11:00 p.m. and 7:00 a.m. of the following day.

d.

Sufficient off-street area to provide space for a minimum of two spaces for every service bay and one space for each employee on the maximum work shift. Parking stall dimensions shall meet the applicable standards in section 38-610(b)(1).

e.

All wash water disposal facilities, including sludge, grit removal and disposal equipment shall be subject to the approval of the city engineer and shall conform with all city ordinances regarding sewerage and health, and shall be so designed so as not to affect detrimentally the city sewer system.

f.

Service facilities, machinery, overhead doors, etc., shall be placed to provide minimum noise and disruption to adjacent land uses.

g.

Automobile detailing establishments shall be limited to one overhead door that is located at the rear of the building for the purposes of ingress and egress.

h.

The maximum square footage allowed within any building for automobile detailing use shall be 4,000 square feet.

(3)

Automobile repair and tire sales establishments, subject to the same conditions as automobile detailing establishments, plus:

a.

All new and/or used automotive parts (including tires) or repair equipment shall be kept in the principal building at all times.

b.

No customer's vehicle shall remain on the premises for more than 14 consecutive days.

c.

Auto repair work shall not include auto body repair.

d.

All vehicles on the premises shall be currently licensed.

e.

No parked vehicles shall appear to be heavily damaged.

f.

There shall be no vehicle sales from the premises.

g.

Sufficient off-street parking shall be provided for a minimum of four spaces for every service bay, and one space for each employee on the maximum work shift.

h.

A plan for parking customers' and employees' vehicles must be submitted as part of the application for a conditional use permit. If the parking area is also used for traffic movement around the building, it is essential that trucks and emergency vehicles be able to drive around the building at all times.

i.

The parking lot must be striped.

j.

Fencing must be provided as required under section 38-601 if adjacent to an R-1, R-2 or R-3 zoning district.

k.

Trash dumpsters shall be screened on all four sides with the same materials. The doors must remain closed except when items are being placed into or taken out of the enclosure.

l.

No work shall be conducted between the hours of 7:00 p.m. and 7:00 a.m.

m.

The maximum floor area shall be 1,500 square feet.

n.

The service bay door shall remain closed except when vehicles are entering or exiting.

o.

Any other reasonable conditions included by the city council as part of the conditional use permit.

(Code 1999, § 13A.020; Ord. No. 724, § IV(13A.020), 3-6-2018; Ord. No. 732, § V, 2-5-2019)

All uses permitted in the C-1A district shall be subject to the same special limitations and conditions specified in section 38-216.

(Code 1999, § 13A.030)

Access shall be subject to the same requirements of the C-1 district, as in section 38-217.

(Code 1999, § 13A.040; Ord. No. 724, § V(13A.040), 3-6-2018)

Lot coverage shall be subject to the same requirements of the C-1 district, as in section 38-218.

(Code 1999, § 13A.050; Ord. No. 724, § VI(13A.050), 3-6-2018)

Setbacks and heights shall be subject to the same requirements of the C-1 district, as in section 38-219.

(Code 1999, § 13A.060; Ord. No. 724, § VII(13A.060), 3-6-2018)

Signs shall be subject to the same requirements of the C-1 district, as in section 38-695.

(Code 1999, § 13A.070; Ord. No. 724, § VIII(13A.070), 3-6-2018; Ord. No. 732, att.(38-253), 2-5-2019)

Other references to C-1 district standards throughout this chapter shall also pertain to the C-1A district, unless otherwise specified.

(Ord. No. 724, § IX(13A.080), 3-6-2018)

The purpose of the C-2, retail-service business district is to provide for low-intensity retail or service outlets which deal directly with the customer for whom the goods or services are furnished. The uses allowed in this district are to provide goods and services on a community market scale and located in areas which are well served by collector or arterial street facilities.

(Code 1999, § 14.010)

(a)

Permitted uses. Permitted uses are as follows:

(1)

All permitted uses of the C-1 district, subject to the same applicable conditions.

(2)

Amusement and recreation establishments, such as commercial bowling alleys, pool halls, skating rinks, and tennis courts.

(3)

Animal hospitals, excluding establishments with outside animal runs.

(4)

Antique shops.

(5)

Art galleries.

(6)

Automobile accessory stores without on-site service facilities.

(7)

Banks and financial institutions.

(8)

Book and stationary stores.

(9)

Business machine sales and service shops.

(10)

Camera and photographic supply stores.

(11)

Catering establishments.

(12)

Clothing stores.

(13)

Clothing and costume rentals.

(14)

Daycare centers.

(15)

Department stores.

(16)

Electrical and household appliance stores, including radio and television sales and service.

(17)

Employment agencies.

(18)

Exercise spas or clubs.

(19)

Fabric stores.

(20)

Frozen food stores, including the rental of lockers in conjunction therewith.

(21)

Furniture stores, including upholstering when conducted as an incidental part of the principal use.

(22)

Greenhouses.

(23)

Household furnishings, fixtures, appliances, and accessory stores.

(24)

Interior decorating stores and shops.

(25)

Jewelry stores.

(26)

Locksmith shops.

(27)

Musical instrument stores and repair shops.

(28)

Optical stores.

(29)

Office supply stores.

(30)

Paint and wallpaper stores.

(31)

Pet shops.

(32)

Photography studios.

(33)

Picture framing and picture stores.

(34)

Public utility service stores.

(35)

Resale businesses.

(36)

Restaurants, including those having an on-sale liquor license.

(37)

Rental agencies for the rental of clothing, appliances, tools, household fixtures, furnishings and accessories.

(38)

Schools such as those for teaching music, dance and business vocations.

(39)

Sporting and camping goods stores, excluding on-site sales of recreational vehicles and trailers.

(40)

Supermarkets and grocery stores.

(41)

Taverns.

(42)

Toy shops.

(43)

Travel bureaus and transportation ticket offices.

(b)

Conditional uses. Conditional uses are as follows:

(1)

Convenience food stores with accessory gas pumps, subject to the following conditions: pump islands shall be setback at least 25 feet from any street right-of-way, at least 40 feet from any non-street property line, and not less than 100 feet from any noncommercial district boundary.

(2)

Automobile service stations, subject to the following conditions:

a.

Automobile service station site improvements such as buildings or structures (permanent or temporary) or parking areas shall be separated from any R-1, R-2, or R-3 district by at least 50 feet.

b.

Pump islands shall be setback not less than 25 feet from any street right-of-way, not less than 40 feet from any non-street property line and not less than 100 feet from any noncommercial district boundary.

c.

Hydraulic hoists, pits, and all lubrication, greasing, washing, repair and diagnostic equipment shall be used and enclosed within a building.

d.

No automobile service station on a site contiguous to any R-1, R-2, or R-3 district shall be operated between the hours of 11:00 p.m. and 7:00 a.m. of the following day.

(3)

Automobile parts stores with on-site service facilities, subject to the following conditions: hydraulic hoists, pits, and all lubrication, greasing, washing, repair, and diagnostic equipment shall be used and enclosed within a building.

(4)

Convenience food restaurants, subject to the following conditions: convenience food restaurants shall be subject to the same limitations and conditions as are specified in subsections (b)(2)a, b, and d of this section for automobile service stations.

(5)

Hotels and motels that have dining facilities open to the public and/or have facilities to accommodate public meetings and/or banquets.

(6)

Rental of trucks and trailers, subject to the following conditions:

a.

The rental of trucks and trailers for personal use on a daily basis shall only be performed from an automobile service station.

b.

Trucks for rental shall be limited to single rear-axle vehicles.

(7)

Motor vehicle body shops, subject to the following conditions:

a.

All damaged vehicles, vehicle parts and trash shall be stored out of sight from any location off-site.

b.

All repair work shall be confined to an enclosed building, and overhead doors shall remain closed, except when vehicles are entering or exiting.

c.

The city council shall have determined that the building and site have been designed and will be maintained in a manner that will not detract from the value, use or enjoyment of nearby properties (particularly residential) nor create a public nuisance.

(8)

Kennels of more than five domestic animals.

(9)

Motorcycles, snowmobiles, all-terrain vehicles, personal watercraft and other similar personal recreation vehicles, trailers as accessory uses to the uses and accessories thereto, sales and services subject to the following conditions:

a.

All vehicles, equipment and accessories shall be stored and displayed within a building.

b.

Servicing of all vehicles, equipment, and accessories, except for fueling, shall occur within a building.

c.

All vehicles, equipment, and accessories scheduled for service shall be stored inside a building overnight or in an area with architecturally compatible screening. Screened, short-term, outdoor service staging areas shall observe setbacks and not be located in the front yard.

d.

The building facade shall be equal on all sides and be of the following materials, or a combination of:

1.

Glass;

2.

Face-brick;

3.

Rock-face or split-face concrete block, if integrally colored;

4.

Pre-cast concrete panels; or

5.

Natural stone.

e.

No outdoor public address system shall be allowed.

f.

All doors shall remain closed, except when receiving or dispensing merchandise or while vehicles/equipment are entering or exiting for service.

g.

No lighting glare over 0.5 footcandle shall go off-site, as measured at the property line.

(10)

Medical marijuana distribution facilities, in compliance with section 38-624.

(11)

Microbreweries and microdistilleries, in compliance with section 38-623.

(12)

Offices with accessory storage, subject to the following conditions:

a.

The floor area of the office portion of an office building shall not exceed 6,000 square feet.

b.

Accessory storage shall be totally within the principal building, shall be limited to use by the occupants of the office building, and shall not exceed the size of the office floor area in that building.

(c)

Accessory uses. Accessory uses are as follows:

(1)

Signs, in compliance with the applicable standards in article VI of this chapter.

(2)

Off-street parking facilities, in compliance with the applicable standards in section 38-610.

(3)

Storge of merchandise, solely intended to be retailed by a related and established principal use.

(Code 1999, § 14.020; Ord. No. 724, § X(14.020), 3-6-2018; Ord. No. 729, § X, 9-18-2018; Ord. No. 732, §§ VI, VII, 2-5-2019)

All uses permitted in the C-2 district shall be subject to special limitations and conditions with respect to each as follows: businesses located within 100 feet of any residential district shall restrict their hours of operation from 7:00 a.m. to 10:00 p.m.

(Code 1999, § 14.030)

(a)

Access to commercial activities shall be allowed only from minor arterial or collector streets or a street specifically designed for such development.

(b)

Curb cuts within a single proposed site shall not be spaced closed than 100 feet. Commercial developments of a small scale shall be encouraged to develop common access drives and parking facilities. Incentives, such as reduction in setback or parking requirements, may be provided at the discretion of the city council.

(c)

A turning lane and its appropriate right-of-way must be provided if the city council determines that one is needed.

(Code 1999, § 14.040)

(a)

To calculate lot coverage, the following areas shall be added together: area of the building as determined by the foundation plan; parking areas and driveways; loading, storage, trash areas, and all other areas covered with impervious material not purposely used for landscaping.

(b)

The maximum allowable lot coverage shall be 90 percent of the lot.

(Code 1999, § 14.050)

(a)

Setbacks. The minimum building setback shall be measured from the applicable lot line or public street right-of-way line, as set forth below, or the average height of the height of the building, whichever is greater. Street designations are based on the current comprehensive plan.

(b)

Building height. The maximum height of buildings shall be 25 feet.

(Code 1999, § 14.060; Ord. No. 724, § XI(14.060), 3-6-2018)

The purpose of the C-2, retail-service business A district is to provide for low-intensity retail or service outlets which deal directly with the customer for whom the goods or services are

furnished. The uses allowed in this district are to provide goods and services on a community market scale and located in areas which are well served by collector or arterial street facilities.

(Code 1999, § 14.010)

(a)

Permitted uses. Permitted uses are as follows:

(1)

All permitted uses of the C-2 district.

(2)

Body art establishments.

(b)

Conditional uses. The conditional uses are all conditional uses of the C-2 district, subject to the same applicable conditions.

(c)

Accessory uses. The accessory uses are all accessory uses of the C-2 district, subject to the same applicable conditions.

(Code 1999, § 14.020; Ord. No. 724, § XII(14.020), 3-6-2018)

All uses permitted in the C-2A district shall be subject to special limitations and conditions specified in section 38-274.

(Code 1999, § 14.030; Ord. No. 724, § XIII(14.030), 3-6-2018)

Access shall be subject to the same requirements as the C-2 district, as in section 38-275.

(Code 1999, § 14.040; Ord. No. 724, § XIV(14.040), 3-6-2018)

Lot coverage shall be subject to the same requirements as the C-2 district, as in section 38-276.

(Code 1999, § 14.050; Ord. No. 724, § XVI(14.050), 3-6-2018)

Setbacks and heights shall be subject to the same requirements as the C-2 district, as in section 38-277.

(Code 1999, § 14.060; Ord. No. 724, § XVII(14.060), 3-6-2018)

Signs shall be subject to the same requirements of the C-2 district, as in section 38-696.

(Code 1999, § 14.010; Ord. No. 724, § XVIII(14.070), 3-6-2018; Ord. No. 732, att.(38-309), 2-5-2019)

Other references to C-2 district standards throughout this chapter shall also pertain to the C-2A district, unless otherwise specified.

(Ord. No. 724, § XIX(14.080), 3-6-2018)

The purpose of the C-3, auto-oriented business district is to provide for the establishment of businesses with need for great amounts of outdoor storage of vehicles as well as those which generate great amounts of vehicular traffic.

(Code 1999, § 15.010)

No property shall be zoned C-3 district unless it is either more than five acres in area, or contiguous on a rear or side lot line or street frontage to an existing commercial district, office district, industrial district or planned unit district, or any combination thereof. All new zoning districts shall be approved by the city council, in compliance with section 38-37.

(Code 1999, § 15.020; Ord. No. 724, § XX(15.020), 3-6-2018)

(a)

Permitted uses. Permitted uses are as follows:

(1)

All permitted uses of the C-2 district, subject to the same applicable conditions, except daycare centers.

(2)

Automobile agencies selling new vehicles.

(3)

Boat and marine stores or agencies selling new boats.

(4)

Convenience food restaurants.

(5)

Garages for the storage, repair, and servicing of motor vehicles of not over two tons capacity.

(6)

Health care facilities.

(7)

Office buildings.

(8)

Post-secondary educational facilities.

(9)

Recreational vehicle and trailer sales.

(10)

Rental agencies for the rental, but not sale, of automobiles.

(b)

Conditional uses. Conditional uses are as follows:

(1)

All conditional uses of the C-2 district, subject to the same applicable conditions, except offices.

(2)

Automobile washing establishments:

a.

Automobile car wash establishments shall be subject to the same limitations and conditions as are specified in section 38-273(b)(2)a and d for automobile service stations in the C-2 district.

b.

Sufficient off-street area to provide space for not less than ten automobiles waiting to be serviced shall be provided, in compliance with the applicable park space dimension standards.

c.

All wash water disposal facilities, including sludge, grit removal and disposal equipment, shall be subject to the approval of the city engineer and shall conform to all city ordinances regarding sewerage and health, and shall be so designed so as not to affect detrimentally the city sewer system.

(3)

Hotels and motels.

(4)

Sale of rental automobiles in conjunction with rental of automobiles under subsection (a)(10) of this section, subject to:

a.

Automobiles for rent shall always number 70 percent or more of the total automobiles for rent or sale on the site. Those automobiles for sale shall be clearly marked and not available for rent.

b.

Only used automobiles originally and continuously owned by the rental agency shall be sold from the site.

c.

A building or buildings shall constitute at least 15 percent of the site, and the total site shall be at least one acre.

d.

A development agreement shall be executed which shall, among other things, require annual renewal of the conditional use permit and the applicant's understanding that there will be a denial of such renewal if any of the above conditions are violated.

(5)

Temporary display of individually-owned and drivable used motor vehicles, including automobiles, trucks and recreational vehicles, and including individually-owned and operable boats, subject to the following criteria and in addition to the criteria established in section 38-694.

a.

The total site shall be at least one acre, be well landscaped, and shall have a building with restroom facilities.

b.

The primary finish of the exterior building walls shall be one or a combination of the following:

1.

Face-brick;

2.

Glass;

3.

Rock-face or split-face concrete block;

4.

Architectural quality prefinished metal panels, when used in combination with one or more of the above materials; or

5.

Other building facade treatment approved by the council.

c.

All parking shall be improved according to city standards, including a bituminous surface, concrete curbing and storm sewer necessary for proper site drainage.

d.

A site plan shall clearly show all parking and designate location and number of spaces for various types of motor vehicles and customer parking. One customer parking space shall be provided for every seven motor vehicle display spaces. Drive aisles must comply with section 38-610(b)(1) and all parking spaces must be appropriately striped. A site lighting plan shall also be required, denoting the type of fixture, the height of the light source, and the footcandle meter illumination patterns on the site.

e.

A sign plan shall be submitted showing all sign details in accordance with section 38-694.

(6)

Motor vehicle body shops.

(7)

Kennels of more than five domestic animals.

(8)

Movie theaters, with the following conditions:

a.

The movie theater and associated parking must be at least 300 feet from the nearest residential use or residentially-zoned land;

b.

A traffic study shall be performed by a qualified professional engineer and a traffic management plan formulated as part of the conditions of approval;

c.

Reasonable hours of operation and staggered showtimes shall be incorporated into the conditions of approval;

d.

A security plan, subject to annual review and modification, shall be adopted; and

e.

Any video games or arcade-like games shall be located so as to be available only to paying theater patrons.

(9)

Display of more than five, and not more than ten, used vehicles. Displays for sale of operable used motor vehicles and recreational vehicles numbering more than five, and not more than ten, vehicles, and as an accessory use to a related principal use, shall be subject to the following criteria:

a.

Any used vehicle sales under this section must be associated with a principal building of at least 1,000 square feet of floor area.

b.

The total site shall be at least one-half acre in size, well-landscaped, and shall have a building with restroom facilities.

c.

Any used vehicles allowed to be displayed for sale under this section shall be licensed according to the state sales license held by the business owner on the site, shall be clearly marked with a required Federal Used Car Warranty Sticker, and no used vehicles shall be available for rent.

d.

Any personal or customer vehicle parked or awaiting service on an approved site shall not be displayed or offered for sale under any circumstances, unless properly marked as noted in subsection (b)(9)c of this section and meeting all other conditions listed herein.

e.

All parking display areas shall be on-site and improved according to city standards, including a bituminous or concrete surface, and storm sewer necessary for proper site drainage. Parking or display of used vehicles for sale on a public or private street, gravel, grass or any unimproved surface is strictly prohibited.

f.

All parking requirements of section 38-610 are satisfied. A site plan shall clearly show all employee, customer and designated used vehicle display parking location, with all spaces appropriately sized and striped for the various types of motor vehicles to be displayed.

g.

A site lighting plan shall be required, denoting the type of fixture, the height of the light source, and the footcandle meter illumination patterns on the site.

h.

A screen, consisting of a fence up to six feet in height and including landscaping, shall be installed and maintained along all property lines separating institutional, residential, or professional office districts and/or uses.

i.

A sign plan shall be submitted showing all sign details in accordance with section 38-694. Banners, pennants, balloons and similar inflatable type signs are prohibited.

j.

A development agreement shall be executed which shall, among other things, require annual renewal of the conditional use permit and the applicant's understanding that there will be a denial of such renewal if any of the above conditions are violated.

(c)

Accessory uses. Accessory uses are as follows:

(1)

Signs, in compliance with the applicable standards in article VI of this chapter.

(2)

Off-street parking facilities, in compliance with the applicable standards in section 38-610.

(3)

Storage of merchandise, solely intended to be sold by a related and established principal use.

(4)

Used automobiles, provided that such use is incidental to a related principal use (except service stations) and provided that the parking requirements of section 38-610 are satisfied. There shall be no more than five used automobiles on display for sale at any one time for each building site (except where the related principal use is an automobile agency selling new vehicles); provided that those related principal uses that wish to exceed the five used automobiles indicated herein shall be subject to the criteria established in subsection (b)(1) of this section.

(Code 1999, § 15.030; Ord. No. 724, § XXI(15.030), 3-6-2018)

(a)

Access to C-3 commercial activities shall be allowed only on arterial or collector streets or a street specifically designed for such development.

(b)

Curb cuts within a single proposed site shall not be spaced closer than 100 feet, except in the case of service stations and automobile car wash establishments. Commercial and industrial developments of a small scale shall be encouraged to develop common access drives and parking facilities. Incentives to encourage shared access and parking, such as reduction in setback or parking requirements, may be provided at the discretion of the city council.

(c)

A turning lane and its appropriate right-of-way must be provided if the city council determines that one is needed.

(Code 1999, § 15.040)

(a)

To calculate lot coverage, the following areas shall be added together: area of the building as determined by the foundation plan; parking areas and driveways; loading, storage, trash areas, and all other areas covered with impervious material not purposely used for landscaping.

(b)

The maximum allowable lot coverage shall be 90 percent of the lot.

(Code 1999, § 15.050)

(a)

Setbacks. The minimum building setback shall be measured from the applicable lot line or public street right-of-way line. Street designations are based on the current comprehensive plan.

(b)

Building height. The maximum height of buildings shall be 35 feet, except for health care offices or offices of educational uses, which buildings may have a maximum height of 45 feet.

(Code 1999, § 15.060; Ord. No. 724, § XXII(15.060), 3-6-2018)

The purpose of the office district is to provide for large-scale office and related service commercial development that may be incompatible with other land use categories. The office district may serve to complement commercial and industrial land uses or it can stand by itself in the form of an office park or large individual concern engaged in office-oriented activity.

(Code 1999, § 16.010)

(a)

Permitted uses. Permitted uses are as follows:

(1)

Offices; business, professional, medical or institutional.

(2)

Financial institutions.

(3)

Post offices.

(4)

Restaurants, including these serving on-sale liquor, and convenience type.

(5)

Laboratories.

(6)

Athletic clubs.

(7)

Public utility uses, public parks, provisions of underground utilities and the use of solar energy systems, including solar collectors for the use of the particular site, storage facilities and distribution components of space heating and cooling and domestic water heating.

(b)

Accessory uses. Accessory uses are as follows:

(1)

Signs, in compliance with the application standards of article VI of this chapter.

(2)

Off-street parking facilities incompliance with the applicable standards of section 38-610.

(c)

Conditional use. Conditional uses are as follows:

(1)

Hotels and motels; and

(2)

Medical marijuana distribution facilities, in compliance with section 38-624.

(Code 1999, § 16.020; Ord. No. 729, § XI, 9-18-2018)

(a)

Access to commercial and office development shall be allowed only on arterial or collector streets, or a street specifically designed for such development.

(b)

Curb cuts within a single proposed site shall not be spaced closer than 100 feet. Commercial and office developments of a small scale shall be encouraged to develop a common access drive and parking facilities. Incentives, such as reduction in setback or parking requirements, may be provided at the discretion of the city council.

(c)

A turning lane and its appropriate right-of-way shall be provided if the city council determines that one is needed.

(Code 1999, § 16.030)

(a)

To calculate lot coverage, the following areas shall be added together: area of the building as determined by the foundation plan; parking areas and driveways; loading, storage, trash areas, and all other areas covered with impervious material not purposely used for landscaping.

(b)

The maximum allowable lot coverage shall be 90 percent of the lot.

(Code 1999, § 16.040)

(a)

Setbacks. The minimum building setback from any lot line or public street right-of-way shall be as set forth below or the average height of the building, whichever is greater. Street designations are based on the current comprehensive plan.

(b)

Height. The maximum height of buildings shall be 45 feet.

(Code 1999, § 16.050)

The purpose of the office-business district is to provide for large-scale office buildings, related service businesses, and other businesses and light industries that complement the appearance of the office environment.

(Code 1999, § 16A.010)

(a)

Permitted uses. Permitted uses are as follows:

(1)

Office buildings; business, professional, medical or institutional.

(2)

Financial institutions.

(3)

Laboratories.

(4)

Athletic clubs.

(5)

Post offices.

(6)

Public utility uses, public parks provisions of underground utilities and the use of solar energy systems, including solar collectors for the use of the particular site, storage facilities and distribution components for space heating and cooling and domestic water heating.

(7)

Daycare centers, subject to the following conditions:

a.

Where the facility is accessory to a principal use, service shall be made available to the employees of the principal use;

b.

Each facility shall provide a separate off-street passenger loading and unloading area devoted solely to the facility;

c.

Each facility shall provide a separate and protected outside recreation area;

d.

Where the facility is accessory to a principal use, physical separation from the major operations of the principal use shall be required and direct access to the principal use shall be restricted or otherwise controlled; and

e.

All requirements of the state department of health and human services are satisfactorily met and the structure and operation is licensed accordingly.

(b)

Accessory uses. Accessory uses are allowed according to the requirements of section 38-363(b) and the following:

(1)

A building for parking vehicles and storing equipment used by the business, subject to the following conditions:

a.

The building facade materials shall be visually compatible with the exterior of the principal building.

b.

The site shall be landscaped to buffer the view from and promote visual compatibility with the nearby development.

c.

The building must be located to the rear of the principal building.

d.

The building may not exceed 3,000 square feet of floor area.

e.

The building shall have four exterior walls and a security door.

f.

No operations shall occur in the building.

g.

The building site is under the same ownership as the principal building.

h.

The building shall be reviewed under the provisions for a minor site plan review described in section 38-39(c).

(2)

Signs, in compliance with article VI of this chapter.

(3)

Off-street parking facilities, in compliance with the applicable standards of section 38-610.

(c)

Conditional uses.

(1)

Hotels and motels.

(2)

Light industries, in compliance with the applicable definition in section 38-3, and subject to the following conditions:

a.

Very limited number of semi-trailer trucks and truck docking facilities.

b.

Well-landscaped sites.

c.

Architectural compatibility with an office park, namely:

1.

Equal facade treatment on all sides.

2.

No exterior storage.

3.

No pole barns or all-steel buildings.

(3)

Office-showroom buildings, in compliance with the applicable definition in section 38-3, and subject to the following conditions:

a.

Well-landscaped sites.

b.

No restaurants allowed adjacent to any residential zoning district.

c.

No convenience food-type restaurants.

(4)

Kennels of more than five domestic animals.

(5)

Microbreweries and microdistilleries, in compliance with section 38-623.

(Code 1999, § 16A.020; Ord. No. 732, § VIII, 2-5-2019)

Access shall be subject to the same requirements as in the office (O) district as in section 38-364.

(Code 1999, § 16A.030)

Lot coverage shall be subject to the same requirements as the office (O) district as in section 38-365.

(a)

The minimum building setback from any lot line or public street right-of-way shall be as set forth below or the average height of the building, whichever is greater.

(b)

The maximum height of buildings shall be 45 feet.

(Code 1999, § 16A.040; Ord. No. 729, § XII, 9-18-2018)

The purpose of the industrial district is to provide for light manufacturing, warehousing, and supportive uses in a functional, attractive manner which does not unduly affect the development or use of nearby properties.

(Code 1999, § 17.010)

(a)

Permitted uses. Permitted uses are as follows:

(1)

Athletic clubs.

(2)

Electrical, plumbing, water, gas or steam fitting shops.

(3)

Manufacturing, compounding, processing, packaging, treatment and assembly of products and materials.

(4)

Offices; business professional, medical or institutional.

(5)

Restaurants, including those offering on-sale liquor, including convenience food types.

(6)

Scientific research, investigation, testing or experimentation, including laboratories.

(7)

Warehousing.

(8)

Office showroom buildings, in compliance with the applicable definition in section 38-3.

(9)

Public utility uses, public parks provisions of underground utilities and the use of solar energy systems, including solar collectors for the use of the particular site, storage facilities and distribution components of space heating and cooling and domestic water heating.

(10)

Cannabis microbusiness, cannabis mezzobusiness, cannabis cultivator, cannabis manufacturer, cannabis wholesaler, cannabis transporter, cannabis testing facility, cannabis delivery service, lower-potency hemp edible manufacturer, medical cannabis cultivator, medical cannabis processor, medical cannabis combination business, in compliance with section 38-625.

(b)

Accessory uses. Accessory uses are as follows:

(1)

Personnel service facilities providing personal services, education, recreation, entertainment, food and convenience goods primarily for those personnel employed for the principal use. These personnel facilities do not include daycare, educational or recreational services for minors.

(2)

Signs, in compliance with applicable standards in article VI of this chapter.

(3)

On-site retail sales, but only after review by the development review committee that such retail sales are compatible with surrounding land uses and compliant with applicable standards.

(c)

Conditional uses.

(1)

Motor vehicle body shops subject to the same conditions as in section 38-273(b)(7).

(2)

Hotels and motels.

(3)

Trucking businesses.

(4)

Outside storage of materials, supplies, products or equipment, in compliance with the following performance standards:

a.

A principal building shall occupy the subject property.

b.

Storage areas shall not be taller than the principal building or exceed 20 feet, whichever is less, nor occupy greater than 50 percent of the total developable area, to be clearly defined within an approved plan.

c.

Screening is required from public view, including public roadways, and shall be accomplished by solid fencing, walls, and/or earthen berm.

d.

Fencing shall be 100 percent opaque, chain link fencing with plastic slats or mesh coverings are not permitted, and shall be supplemented by landscaping along the property boundary line.

e.

Natural features, such as differences in elevation, tree masses or similar natural features, may negate the need for additional screening.

f.

Screening shall be maintained in perpetuity so as not to create nuisances, hazards or safety problems.

g.

Loose materials shall be contained by structures and the storage area maintained in a neat and orderly fashion.

h.

All areas utilized for outdoor storage shall be on a paved surface.

i.

Proper circulation routes shall be provided amongst storage areas.

j.

Storage of certain materials may require review by the Fire Department that may be subject to additional conditions.

(5)

Seasonal businesses.

(6)

Kennels of more than five domestic animals.

(7)

Bulk storage of liquid.

(8)

Non-accessory signs as permitted by city sign regulations.

(9)

Reserved.

(10)

Adult uses as regulated by article V of this chapter.

(11)

Self-storage unit facilities, with or without living quarters.

a.

If the living quarters are in a separate structure from the self-storage unit facilities:

1.

At least a portion of the principal business use (i.e., the office) shall be in the same structure with the living quarters.

2.

The exterior materials of the living quarters structure shall be constructed of the same material as the self-storage unit facilities.

b.

The living quarters shall be equipped with fire protection sprinklers.

c.

Prohibit any and all commercial, industrial, or residential uses other than storage within the self-storage facilities.

d.

Prohibit storage of any hazardous materials, chemicals, gasoline, or flammable liquids in any storage space, except for normal household quantities. Prohibit the storage of propane tanks or flammable gases.

(12)

Microbreweries, microdistilleries, and wineries in compliance with section 38-623.

(13)

Transportation/transit facility, in compliance with the following conditions:

a.

The property shall be occupied by a principal building of no less than 50,000 square feet.

b.

The use shall not be located within 500 feet from any residentially-zoned property, measured from the closest point of the lot lines.

c.

All maintenance activities, including vehicle washing, shall be conducted within the principal building.

d.

Outdoor storage of vehicles, equipment, or other materials shall be located in rear or side yards of the property on a paved surface and screened by a solid opaque wall or fence up to ten feet in height equipped with a security gates. The city council may require a taller fence by conditional use permit or additional landscaping, depending on the nature of the storage activities.

e.

Vehicles stored outside shall be licensed and operational and parked within designated striped parking stalls in compliance with the applicable setbacks. The required drive aisles is unobstructed.

f.

A traffic circulation plan that demonstrates that the use does not conflict with other operations on the property or on surrounding properties, shall be submitted for review and approval by the city engineer.

g.

Bulk storage of liquids shall be in compliance with section 38-619.

h.

Hours of operation may be limited by the city council upon findings that certain activities may negatively affect surrounding properties.

i.

Additional conditions that mitigate potential negative impacts to surrounding properties, natural environment, traffic, and infrastructure may be included, as determined by the city council.

(Code 1999, § 17.020; Ord. No. 729, §§ XIII, XIV, XVIII—XXI, 9-18-2018; Ord. No. 732, §§ IX, X, 2-5-2019; Ord. No. 746, § VI, 12-1-2020; Ord. No. 775, § III, 8-7-2024; Ord. No. 789, §§ III, IV, 6-3-2025)

(a)

Access to industrial development shall be allowed only on arterial or collector streets, or a street specifically designed for such development.

(b)

Curb cuts within a single proposed site shall not be spaced closer than 150 feet. Industrial developments of a small scale shall be encouraged to develop a common access drive and parking facilities. Incentives, such as reduction in setback or parking requirements, may be provided at the discretion of the city council.

(c)

A turning lane and its appropriate right-of-way must be provided if the city council determines that one is needed.

(Code 1999, § 17.030)

(a)

The maximum allowable lot coverage shall be 90 percent of the lot.

(b)

To calculate lot coverage, the following areas shall be added together: area of the building as determined by the foundation plan; parking areas and driveways; loading, storage, trash areas, and all other areas covered with impervious material not purposely used for landscaping.

(Code 1999, § 17.040)

(a)

The minimum building setback from any lot line or public right-of-way shall be as set forth below.

(b)

The maximum building height shall be 45 feet.

(Code 1999, § 17.050)

All raw materials, supplies, finished or semi-finished products and equipment shall be stored within a completely enclosed building unless otherwise allowed for as a permitted or conditional use.

(Code 1999, § 17.060; Ord. No. 732, § XI, 2-5-2019)

The city center district is intended to help implement the goals and policies of the city comprehensive plan and the city center plan, including subsequent updates to both plans. District regulations are designed to provide flexibility for development that ensure the ability to require that development plans meet the spirit of the city center plan and city comprehensive plan. It is the intent of these regulations to provide a framework for creative development, uses and relationships and to encourage innovative and unique places. The zoning district regulations are used in combination with the goals and objectives of the city center plan.

(Code 1999, § 18.010; Ord. No. 724, § XXIII(18.010), 3-6-2018)

(a)

Permitted uses. Permitted uses shall be as follows: public utility uses, public parks, provision of underground utilities, and the use of solar energy systems, including solar collectors for the use of the particular site, storage facilities, and distribution components for space heating and cooling and domestic water heating.

(b)

Conditional uses. The following uses shall be allowed by conditional use permit subject to the site plan review process and conformance with the regulations in this chapter and the policies of the city center plan:

(1)

Retail businesses having no outdoor storage of goods or materials and emphasizing a pedestrian scale environment.

(2)

The following service businesses:

a.

Animal hospitals/domestic animal boarding with applicable licenses and facilities without outside animal pens.

b.

Athletic clubs and health clubs.

c.

Banking, insurance, real estate and finance.

d.

Banquet and meeting facilities.

e.

Commercial recreation uses, as defined in section 38-3 of this chapter.

f.

Catering.

g.

Club and lodge halls.

h.

Daycare facilities (as licensed by the state).

i.

Dry cleaning and laundering services.

j.

Electronic repairs.

k.

Liquor establishments as an accessory use to a restaurant or entertainment center.

l.

Medical, technical, and supporting laboratories.

m.

Physicians, dentists, chiropractors, nursing homes and other health professionals.

n.

Offices.

o.

Restaurants, including convenience food and those having an on-sale liquor license.

p.

Schools and educational facilities.

q.

Tailors.

r.

Theaters; movie, theatrical, musical, and dinner, with the following conditions:

1.

Reasonable hours of operation and staggered show times to allow for good traffic management shall be incorporated into the conditions of approval;

2.

A security plan, subject to annual review and modification, shall be adopted;

3.

Any video games or arcade-like games shall be located so as to be available only to paying theater patrons.

s.

Travel bureaus.

t.

Weight loss centers, tanning studios, salons, spas, and therapeutic massage.

(3)

Hotels or motels that, at a minimum, serve a continental breakfast, or have an attached or detached adjacent restaurant and conference room.

(4)

Office-showrooms.

(5)

Civic and cultural institutions, park and recreation facilities.

(6)

Public buildings and facilities.

(7)

Senior housing, subject to the applicable regulations as in the R-3 district.

(8)

Mixed-use housing where retail/service or office is located on the first floor and housing on the second floor and above.

(9)

Transit stations and transportation centers.

(10)

Microbreweries, microdistilleries, and wineries in compliance with section 38- 623.

(11)

Multifamily residential structures, subject to the applicable regulations as in the R-3 district, including apartments and condominiums.

(12)

Place of assembly, in compliance with the following conditions:

a.

Assembly uses with capacity for greater than 250 persons in the assembly area, as calculated according to applicable building and fire codes, shall submit a traffic impact study to be reviewed by the city at the cost of the applicant.

b.

A security and operations plan is approved by the city, which shall include the hours of operation and any traffic mitigation measures.

c.

Any modification of an existing use that intensifies the use and/or surpasses the 250-person capacity threshold shall require an amendment to the conditional use permit and development agreement.

(13)

Pet shops.

(14)

Supermarkets and grocery stores.

(15)

Convenience food stores with accessory gas pumps, in compliance with section 38-273(b)(1).

(c)

Accessory uses. Accessory uses must be subordinate to and compatible with the principal use, comply with architectural and landscape standards, and be part of the approved conditional use permit. Allowable accessory uses include:

(1)

Landscaped surface parking areas.

(2)

Screened loading areas.

(3)

Pedestrian pick-up shelters and benches without advertising.

(4)

Pedestrian plazas.

(5)

Outdoor dining.

(6)

Structured parking as part of an approved principal use conditional use permit subject to the architectural guidelines in section 38-451.

(7)

Limited outdoor products at gas stations as provided in section 38-605.

(8)

Temporary banner signs limited to two events per year and no more than 15 days per event.

(9)

Drive-through windows that are an integral part of a larger site development plan.

(d)

Temporary uses. Temporary uses are as follows: seasonal garden centers and outdoor special event sales as a temporary use to an adjacent retail business, under the following conditions:

(1)

All temporary uses shall obtain a permit approved administratively by the city administrator, upon recommendation of the city planner, city engineer, and fire marshal as a temporary use to an existing principal use.

(2)

All temporary uses shall cover no more than 1,000 square feet except that a seasonal garden center may cover no more than 6,000 square feet of ground area, of which no more than 2,000 square feet may be covered.

(3)

All temporary uses must be located in a portion of the site that will not disrupt typical parking needs, required service or vehicular movement, emergency access, or other site requirements, as determined by the city administrator in consultation with the city planner, fire marshal and city engineer.

(4)

A temporary use may be permitted for no more than 21 days except that a seasonal garden center may be permitted for no more than 90 days in a calendar year, in the spring and summer months. The temporary use must be removed and the site cleaned and restored to its original condition within the permitted time period.

(5)

Only merchandise sold regularly or seasonally by the principal use may be sold or displayed as a temporary use.

(6)

Seasonal garden centers shall:

a.

Only sell or display plants, flowers, and associated gardening.

b.

Limit the covered portion of a seasonal garden center to a temporary structure no more than 15 feet in height, professionally designed and constructed, and maintained in a neat and attractive manner. Such a structure must be predominantly a single color that is compatible with surrounding development. Colors, stripes or patterns may be permitted on no more than eight percent of the surface area of the sides and roof of the temporary structure.

c.

Maintain the outdoor portion of a seasonal garden center in a neat and attractive manner, surrounded by a fence no more than four feet in height, except at entrance openings. Plants and merchandise may not be displayed more than six feet above the ground. Boxes, cartons, bins or other similar storage devices are not permitted in the outdoor portion of the garden center.

d.

Limit signage to no more than 32 square feet of attached signage on each of three sides of the temporary structure.

(Code 1999, § 18.020; Ord. No. 724, § XXIV(18.020), 3-6-2018; Ord. No. 732, § XII, 2-5-2019; Ord. No. 746, § IV, 12-1-2020; Ord. No. 757, § III, 5-3-2022)

The overall appearance and compatibility of individual buildings to other site elements or to surrounding development will be given primary consideration in the site plan approval process.

(1)

All exterior wall finishes on any building shall be one or a combination of the following:

a.

Face-brick and brick accents.

b.

Glass, when used in combinations with one or more of the other materials listed herein.

c.

Natural stone.

d.

Stucco and similar types of exterior finish systems.

e.

Architectural-quality, pre-finished metal panels when used as a secondary feature in combination with one or more of the other materials listed above.

f.

Rock-face or split-face concrete blocks, only when used as a secondary, accent material in combination with one or more of the materials listed above.

(2)

Buildings throughout the city center district shall reflect compatible and complementary colors and materials. This includes brick materials and earthtone colors for building treatments and earthtone or green roofs.

(3)

Building rooflines should be articulated, through the use of arches or other appropriate detail.

(4)

All ground-mounted or roof-mounted HVAC, utility meters and other such equipment shall be well-screened from eye-level view from adjacent streets, parking lots and entrances of adjacent buildings.

(5)

All subsequent additions, exterior alterations, and accessory buildings constructed after the erection of an original building shall be constructed of the same materials as the original building and shall be designed in a manner conforming to the original architectural design and general appearance, to the extent that such design and construction is compatible with the city center standards.

(6)

Any exterior building wall adjacent to or visible from a public street, public open space, or abutting property may not exceed 60 feet in length without significant visual relief consisting of one or more of the following:

a.

The facade shall be divided architecturally by means of significantly different materials or textures;

b.

Horizontal offsets of at least four feet in depth;

c.

Vertical offsets in the roofline of at least four feet; or

d.

Windows at the first floor level which is either recessed or extending horizontally at least one foot from the facade.

(7)

No outdoor storage of goods or merchandise shall be permitted, except as provided in section 38-448(c) and (d).

(8)

Retail/service uses shall incorporate pedestrian amenities and design features to establish a village-type environment.

(9)

No single-purpose retail facility shall be constructed after September 1, 2006 that is in excess of 50,000 ground floor area square feet unless it is a multi-story building. The term "single-purpose retail" means that retail sale of goods and incidental services is the principal function of the facility. The city council may increase these limits based on an overall comprehensive site development plan containing a special pedestrian scale building plan, architectural facade treatment and relief, connections to other retail and service uses and surrounding development, imaginative pedestrian outdoor space design and harmonizing, scale-reducing parking area appearance treatment.

(Code 1999, § 18.030)

In satisfying the landscaping requirement of this Code, landscape plans within the city center district will be required to adhere to the following, in addition to the requirements of article IV of this chapter:

(1)

Landscaping shall be maintained by the property owners to retain the quality approved in the landscape plan as part of the conditional use permit.

(2)

Planters or planter boxes shall be compatible with the architectural integrity, colors and material of the principal building and of the site.

(3)

The major or overstory trees required on site by this chapter shall be one-third conifers, two-thirds deciduous and of the species indicated in the table below.

a.

The specific species of major overstory trees shall be planted at major site entries, along street frontages, in interior open space areas, and around the site perimeter. It is the intent to create corridors of significant vegetation to reduce the scale of surface areas, provide shade, and to announce major connections.

b.

The minimum size of the coniferous trees planted to satisfy the requirements of this chapter shall be six feet for one half of the required trees and ten feet for one half of the required trees.

c.

The minimum size of replacement trees shall be six feet for coniferous trees and 2½ caliper for deciduous trees.

d.

All identical plants placed in a grouping shall be of similar size unless specifically approved otherwise by the city council.

(4)

Supplemental plantings shall be grouped and massed rather small, scattered planting sites.

(Code 1999, § 18.031; Ord. No. 724, § XXV(18.031), 3-6-2018)

In addition to specific use, architectural requirements, landscape standards, and signage standards, the following policy criteria shall be considered in any conditional use permit application:

(1)

Land use and site plans.

a.

The proposed use shall be in conformance with the city comprehensive plan and the city center plan.

b.

Designs are encouraged which create mixed-use developments in which retail, service and office activities or office and office-showroom activities are combined on one site.

c.

Site plans and building architecture shall integrate the overall urban design so the city center district appears unified, internally compatible, and aesthetically pleasing, while maintaining the distinct function and design of the individual quadrants.

d.

Site plans or subdivisions shall not be compromised by buildings which interfere with traffic access or break parcels into less than optimal sizes or shapes or interfere with implementation of the roadway and pathway plan.

e.

Site plans shall be compatible with adjacent developments in terms of access, internal circulation, parking, landscaping, building orientation and massing, and signs. Shared access and parking are encouraged.

f.

Housing site plans shall include building arrangement (entrances, orientation, parking, lighting and siting along with appropriate buffering.

(2)

Design and architecture.

a.

Developments shall be a high design quality, reflect a high level of investment, and provide a relatively high number of jobs so that the use of the land is maximized and the final result may be a source of pride and recognized as the economic, visual, and psychological center of the city's downtown. Retail buildings should project a timeless, smaller-scale village-like image, utilizing design treatments for facades to create a pedestrian atmosphere. Building, landscaping and interiors should use quality materials reflective of city center goals and objectives.

b.

Developments adjacent to the interstate highway should use building height and massing to announce their presence to motorists on the freeway.

c.

Housing will receive density bonuses for locating on upper levels of business and retail uses, including balconies and providing parking under the building or in adjacent structures.

(3)

Transportation and parking.

a.

New or enlarged public roadways shall be developed and dedicated according to the general alignments, roadway widths, number of lanes, and turning lanes shown by the city comprehensive plan and the city center plan.

b.

Parking structures shall be complimentary to associated uses and design, provide exterior treatment that screens vehicles and creates visual interest, and provide pedestrian connections and spaces that are part of the overall site development plan.

c.

Parking areas shall emphasize pedestrian amenities and provide for storage of bicycles and other personal travel vehicles.

(4)

Storage. There shall be no outside storage or display of goods or materials, supplies, products or equipment, except as provided for temporary sales by permit. As provided in the architectural requirements, all loading areas shall be screened and all trash receptacles be located inside the principal building or within enclosures which are compatible with the building materials.

(5)

Pedestrian, pathways, open space and landscaping (see also section 38-450).

a.

Each development with the city center district will be required to provide sidewalks from major building entries and adjacent public street frontages, and interconnecting to other sidewalks, pathways or trails abutting the property and to existing or planned open space corridors. Such sidewalks shall be at least six feet in width within an open space corridor of at least ten feet in width.

b.

In addition to roadway, building and safety lighting within the city lighting standards, pedestrian lighting shall be installed to reinforce and identify pedestrian connections. Large parking lots should also incorporate pedestrian-level lighting.

c.

Landscaping shall be of the highest quality design and materials shall meet or exceed the landscaping standards in section 38-601(b). Landscaping and pedestrian design elements shall blend with and complement the objectives and components of the city center streetscape plan.

d.

The wooded area in the southwest quadrant of the city center district shall be preserved to the extent practical.

e.

The location of open space on a development parcel will be determined as part of the site plan review process for that development.

f.

In addition to the sidewalk open space corridors provided above, each development within the city center district will be required to provide usable open spaces equal to at least ten percent of the overall site area, at least half of which shall be green area, the remainder may be paved. Such open space may not be roadways, driveways, parking or loading areas.

g.

Plazas, courts, amphitheaters and other pedestrian features shall be provided and connected to other uses and the pathway system. Landscaped areas, when using planters, should be of the highest design materials, reinforce major roadways, pathways and plaza areas. These features should consider the ability to support and reinforce visual, performing and fine arts. Consideration should be given to hanging baskets and provisions for seasonal plantings and planters. Pedestrian areas should incorporate seating which encourages interaction. Paved open space areas may be of stone, brick, or articulated concrete paving.

h.

Such open spaces shall be within or adjacent to the sidewalk corridors required above, shall each be at least 15 feet in width in either direction, and shall be easily accessible to the tenants or patrons of the building.

i.

In fronting a public street or major driveway, the open spaces shall be screened by a hedge, fence or railing that provides a sense of enclosure.

j.

For every 500 square feet of open space area, there shall also be provided one bench or seat for at least three persons and a trash receptacle of a material and color compatible with the development.

(6)

Surface water management. Developments shall provide surface water ponding in conformance with the city's comprehensive ponding plan. Building placement shall take advantage of the aesthetic qualities of such ponds and wetlands.

(Code 1999, § 18.032; Ord. No. 724, § XXVI(18.032), 3-6-2018)

The minimum building setback shall be measured from the applicable lot line or public street right-of-way line. Where buildings have pedestrian access oriented to the streets, the city council may reduce the setback consistent with adjacent development and public safety.

¹ Only if the same amount of green space that would have been provided by the 25-foot setback is provided elsewhere on the site. Further setback reductions may be permitted by the city council.

(Code 1999, § 18.040; Ord. No. 724, § XXVIII(18.040), 3-6-2018)

In satisfying the signage requirement of this Code, signs within the city center district will be required to adhere to the following, in addition to the standards of article VI of this chapter:

(1)

Freestanding signs will be limited to monument signs up to 12 feet in height except properties immediately abutting Interstate 35E where the C-2 signage standards shall apply; provided, however, that in any event, signage over 12 feet in height must be within 50 feet of Interstate 35E right-of-way. The use of freeway right-of-way signs will be encouraged to direct people into the city center business.

(2)

One off-premises freestanding (pylon) sign may be allowed by conditional use permit on private property along Interstate 35E for a shopping center or single building, either of which exceeds 100,000 square feet of floor area, that is located on a parcel in the city center zoning district not abutting Interstate 35E and on a land parcel within 300 feet of such sign. The maximum height of such sign shall be 65 feet, and the maximum area per face shall be 200 square feet. No pylon sign shall be located within 300 feet of a property zoned for housing.

(3)

Wall signage will be allowed only in a specified horizontal sign band no more than three feet in height and eight to 15 feet off the ground.

a.

Such sign bands may project no more than one foot from the surface of the building to which it is attached.

b.

Attached wall signage shall consist of individual letters or script logos mounted on the building.

(4)

Projecting signs will be allowed in accordance with the following conditions:

a.

Projecting signs may project no more than four feet from the front edge of the building and be no more than 12 square feet in area.

b.

Projecting signs may not extend over a designated parking space or loading area.

c.

Projecting signs may extend from a building over the public right-of-way or public open space, provided that the sign is approved by the city council on the recommendation of the city staff, and on finding that the sign placement will not compromise public health, safety, or welfare.

(5)

Temporary grand opening or sales event banners. Temporary banners are allowed in the city center district for up to 30 days per year per business. Such signs are allowed by permit only and require a refundable deposit in the amount provided in the city fee schedule. Such banners must be firmly attached to the wall surface of the business and may cover no more than five percent of the wall surface area of any face of the building. Such banners must be of durable material that will not disintegrate with normal use and weather and must not interfere with the safe operation of windows, doors, sidewalks, parking areas, utilities or other necessary movements in and around the site.

(6)

Illuminated message board signs are allowed subject to the conditions of section 38-690.

(Code 1999, § 18.041; Ord. No. 724, § XXVIII(18.041), 3-6-2018)

The administrative procedures for the municipal review of a conditional use permit shall be as set forth in section 38-43, and consideration of the factors necessary for conditional use permit approval shall also include the standards, guidelines and requirements of this chapter and the city center plan.

(Code 1999, § 18.050; Ord. No. 724, § XXIX(18.050), 3-6-2018)

The council finds:

(1)

That the city center district is the retail hub of the city and its developed capacity will constitute in excess of 100 acres of various retail-community activity;

(2)

That 24-hour operation of retail stores in the city center district would result in unacceptable nighttime traffic levels and visual glare which would have a deleterious effect on the surrounding residentially used property available for residential use, and would disturb residential tranquility during ordinary nighttime hours;

(3)

That such 24-hour operation is not necessary to the citizenry and will adversely impact the health, welfare and safety of the citizenry of the city during the ordinary hours of repose.

(Code 1999, § 18.060)

(a)

Any retail store having a business license within the city center district and located within 750 feet of a residential structure, as measured in subsection (c) of this section, shall not be open to the public between the hours of 11:00 p.m. and 7:00 a.m. of each day.

(b)

The term "retail store" does not include grocery stores, gasoline filling stations, hotels and motels, and eating establishments.

(c)

The distance of 750 feet shall be measured from the nearest property line point of the retail store to the nearest property line point of the residential property.

(Code 1999, § 18.061)

(a)

Any retail store prohibited from 24-hour operation through section 38-456 may apply for a permit to be partially or entirely excluded from such prohibition through application on a form provided by the clerk.

(b)

In considering such extended hours permit, the council will consider:

(1)

Location of driveways and traffic patterns effecting residential areas.

(2)

Deliveries to the facility.

(3)

Light and glare.

(4)

Amount of noise from traffic using the facility or from the facility itself.

(5)

The size of the facility.

(6)

Whether essential services are being provided.

(7)

Proximity to residential use.

(8)

Competitive necessity.

(c)

The application shall be heard by the city council after mailed notice to the residential property owners within 750 feet of the subject structure.

(d)

If the extended hours permit is approved, the council may grant the application in full, or grant such application only for certain hours or times of the year or days of the week.

(Code 1999, § 18.062)

(a)

As an alternative to conventional zoning and development approaches and processes, the planned unit development zoning district (PUD) procedures are here set forth in order that the public health, safety, morals, and general welfare be furthered in an era of increasing urbanization; to encourage innovations in residential, commercial, and industrial development and renewal; so that greater opportunities for better housing and recreation, shops and industrial plants conveniently located to each other may extend to all citizens and residents of the city; to reflect changes in the technology of land development; to encourage a more creative approach in the utilization of land in order to accomplish a more efficient, aesthetic, and desirable development which may be characterized by special features of the geography, topography, size or shape of a particular property; to meet the goals and policies of the comprehensive plan and other adopted plans; and to provide a compatible and stable environment in harmony with that of the surrounding area.

(b)

The PUD zoning district may include any developments having one or more principal uses or structures on a single parcel of ground or contiguous parcels, provided that the total area is five acres or larger. The PUD shall consist of a harmonious selection of uses and grouping of buildings, parking areas, circulation and open spaces, and shall be designed as an integrated unit, in such manner as to constitute a safe, efficient, and convenient urban area. Under the provisions of this district, the city council has the right to allow deviations from any standards in this chapter. The underlying zoning district standards shall be used as a threshold to establish a baseline review of a proposed PUD district.

(Code 1999, § 18A.010; Ord. No. 733, § II, 5-7-2019)

(a)

Ownership. The tract shall be a development of land under unified control at the time of application, planned and scheduled to be developed as a whole. However, no authorizations or permits shall be granted for such development unless the applicant has acquired actual ownership of or executed a binding sales contract for all of the property comprising such tract. For purposes of this chapter, ownership shall include a lease of not less than 50 years' duration. The term "single ownership" includes ownership of portions of such development by two or more wholly-owned subsidiaries of a single owner, or by such single owner and one or more of its wholly-owned subsidiaries.

(b)

Conformance with comprehensive plan. The proposed PUD district shall be generally consistent with the current comprehensive plan. Density standards may be flexible, as in section 38-484(n).

(c)

Lot area standards.

(1)

The minimum total land area shall be no less than five acres, except as allowed by section 38-485 for a PUD overlay district.

(2)

Unusual physical features of the property itself or of the surrounding neighborhood are such that development under the standard provisions of the residence districts would not be appropriate in order to conserve a physical or terrain feature of importance to the neighborhood or community.

(d)

PUDs involving multiple housing types. A residential PUD may provide for a variety of housing types in any one of the basic residential zoning districts. The total number of dwelling units allowed in a development shall be determined by either: the area standards of the zoning district in which the proposed development is to be located, or the density specified by the planning commission and approved by the council, consistent with the intent of the comprehensive plan. A plan may provide for a greater number of dwelling units per acre than would otherwise be permitted by the regulations applicable to the site, but if the density or intensity of land use exceeds by more than ten percent that permitted by the regulations otherwise applicable to the site, the applicant has the burden to show that such excess will not have an undue and adverse impact on existing public facilities and on the reasonable enjoyment of neighboring property. The planning commission and city council, in determining the reasonableness of the increase in the density or intensity of land use, shall consider the following factors: the location, amount and proposed use of common open space, the location, design and type of dwelling units, and the physical characteristics of the site.

(e)

Setback standards. Any proposed setbacks within the PUD may be reduced from the required setback standards within the underlying zoning district under, but not limited to, the following considerations:

(1)

Adequate space remains to install an appropriate landscape buffer, if determined necessary.

(2)

The height of the building does not negatively affect sunlight exposure or air access on the adjacent properties and/or uses.

(3)

The overall site and/or building design is enhanced.

(4)

The site conditions present unique challenges and/or constraints.

(f)

Multiple buildings on a single lot. More than one building may be placed on one platted or recorded lot in any PUD. Areas for single-family detached dwellings or other housing types providing privately-owned lots shall comply with chapter 32, pertaining to subdivisions, in all respects not specifically noted in this chapter as appropriate variances or waivers.

(g)

PUDs involving one housing type. A PUD that only involves one housing type, such as all detached or all attached units, shall not be considered as inconsistent with the stated purposes and objectives of this chapter and shall not be the sole basis for denial or approval.

(h)

Appearance and compatibility. Architectural style of buildings shall not solely be a basis for denial or approval of a plan. However, the overall appearance and compatibility of individual buildings to other site elements or to surrounding development will be primary considerations in the review stages of the planning commission and city council.

(i)

Plans for PUDs in city review. No building permit shall be issued for any building on land for which a plan for a PUD is in the process of city review or which does not conform to the approved final plan.

(j)

Staging of development.

(1)

Any PUD plan proposed to be constructed in stages shall include full details relating thereto, and the city council may approve or modify, where necessary, any such proposals.

(2)

The staging shall include the time for beginning and completion of each stage. Such timing may be modified by the city council on the showing of good cause by the developer.

(3)

The landowner or developer shall make such easements, covenants, and other arrangements and shall furnish such performance bond(s) as may be determined by the city council to be reasonably required to ensure performance in accordance with the plan and to protect the public interest in the event of abandonment of the plan before completion.

(k)

Streets, utilities, services and public facilities. The uniqueness of each proposal for a PUD requires that specifications and standards for streets, utilities and services shall be subject to minor modifications from the specifications and standards established in this and other city ordinances governing their construction. The city council may therefore waive or modify the specifications or standards where it is found that they are not required in the interests of the residents or of the entire city. The plans and profiles of all streets, utilities and services shall be reviewed, modified, if necessary, and approved by the city engineer, fire chief, and building official , prior to the final approval of the PUD plan by the city council. All PUD projects shall be served by public or community water and sewer systems.

(l)

Open space provision. Land area may be set aside for public and private open space and recreational use according to the following provisions:

(1)

Land area may be required to be dedicated to the city for public park use according to the formula established in the section 32-217 . The location of such dedicated land(s) shall be reviewed by parks, recreation and trails commission and must be acceptable to the city council.

(2)

For plans involving residential uses, in addition to the dedication of land for public open space and recreational use, a minimum of ten percent of the total site area may be set aside for the private recreational use of the site's residents at the city council's discretion.

(3)

An applicant may request to provide cash in lieu of land dedication, in accordance with section 32-217, to be considered at the discretion of the city council.

(m)

Operating and maintenance requirements for PUD common facilities. In the event that certain land areas or structures are provided within the PUD for private recreational use or as service facilities, the owner of such land and buildings shall enter into an agreement with the city to ensure the continued operation and maintenance to a predetermined reasonable standard. These common areas may be placed under the ownership of one of the following, depending upon which is more appropriate:

(1)

Dedicated to public where a community-wide use would be anticipated.

(2)

Landlord control.

(3)

Landowners association, provided all of the following conditions are met:

a.

The landowners association must be established.

b.

Membership must be mandatory for each owner and any successive buyer.

c.

The open space restrictions must be permanent, not for a given period of years.

d.

The association must be responsible for liability insurance, for common areas and the reasonable maintenance of exterior residential and other facilities.

e.

Landowners must pay their pro rata share of the cost and the assessment levied by the association that can become a lien on the property in accordance with state law.

f.

The association must be able to adjust the assessment to meet changed needs.

(n)

Density (residential). The number of dwelling units may be flexible relative to the existing zoning classification and/or comprehensive plan. Increased densities may be allowed for:

(1)

Dedicating more than the minimum for public open space.

(2)

Particular distinctiveness and excellence in siting, design, and landscaping as determined by the city council.

(3)

In no event will population densities be greater than that which would be detrimental to the public health, safety, and general welfare.

(o)

Building height standards. Any proposed building within the PUD may exceed the maximum height restrictions in the underlying zoning district under the same considerations as in section 38-622.

(p)

Landscaping. Landscaping or fencing shall be provided according to a plan that contains complete information as required by section 38-39 and is approved by the planning commission and city council.

(q)

Utilities. All utilities, including electricity and telephone, shall be installed underground.

(r)

Uses. A PUD district may contain uses that are not allowed within the underlying zoning district(s).

(Code 1999, § 18A.020; Ord. No. 733, § III, 5-7-2019)

(a)

Zoning district applications. PUD zoning district applications shall be processed as rezoning applications in accordance with section 38-37, in addition to the required procedures included in this section.

(b)

Meeting with city staff. The applicant shall meet with the development review committee to discuss the development concept, the review and approval process, and the submittal requirements.

(c)

Application. An applicant for a concept or final PUD plan shall submit the proper application forms made available by the city, including all required materials and applicable fees.

(d)

Open house. Prior to planning commission review of a concept PUD plan, the applicant shall conduct an open house meeting in accordance with the following provisions:

(1)

Submittal of a complete application form, including all required fees.

(2)

Conducted at a location within the city limits that offers suitable accessibility and space at a reasonable time, to be approved by staff.

(3)

Notice of the open house shall be provided to all properties within 350 feet of the subject property. The city shall have the authority to require the notice area to be expanded beyond the minimum distance, as determined by staff, at no additional cost to the applicant.

(4)

The applicant shall prepare an open house summary upon conclusion of the meeting to accompany the concept and final PUD applications.

(e)

Concept PUD plan review.

(1)

Planning commission review. Upon completion of the open house and receipt of a complete application, the planning commission shall review the concept PUD plan at its next regularly-scheduled meeting. The concept PUD plan should indicate proposed land uses, general circulation patterns, general building massing, and the general approach to special site conditions or problems. The commission shall not make any formal recommendations, but shall comment as to whether it feels the concept PUD plan is in general conformance with the comprehensive plan. It will also inform the applicant of the positive features and preliminary concerns within the concept PUD plan, what features or design elements should be considered in the final PUD plan, and what exceptions or zoning regulations it may be willing to allow in exchange for certain publicly- beneficial design or planning features.

(2)

City council review. The city council shall review the concept PUD plan at its next regularly-scheduled meeting following review by the planning commission. The scope of review and comment by the city council shall be the same as that by the planning commission. The city council shall not take any formal action to approve or deny the concept PUD plan application. The discussion, including any feedback and/or direction offered, shall be considered action under the applicable state statutes regarding review timelines. The concept PUD plan review process shall not be binding on the city as part of any subsequent final PUD plan process. The applicant may choose to address the comments received under the concept PUD plan review process as part of a subsequent final PUD plan.

(3)

Notice of review. Notification of a concept PUD plan review process shall be given in the same manner as a final PUD plan, as in section 38-486(f)(3).

(f)

Final PUD plan review.

(1)

Planning commission review. Upon completion of the concept PUD plan review process and receipt of a complete application, including a separate preliminary plat application if land subdivision is proposed, the planning commission shall review the final PUD plan in accordance with the applicable standards contained in sections 38-37 and 38-39, concerning rezoning and site plan applications, respectively.

(2)

City council review. The city council shall review the final PUD plan within 60 days after the planning commission has made its recommendation. Under the same scope of review, the city council shall consider the same impacts and features as did the planning commission. The city council may, by majority vote, deny the application for a final PUD plan by resolution with findings, approve it by ordinance, or table action to a future meeting, and the applicant shall be notified in writing of such action, including conditions of approval and periodic review.

(3)

Notification of a final PUD plan review process shall be given in the same manner as for rezoning applications, as in section 38-37, including an additional public hearing before the city council.

(g)

Developer's agreement. Prior to issuing a building permit, the city council shall require the applicant to sign a developer's agreement with the city which ensures that particular elements of the final PUD plan, either proposed by the applicant or imposed by the city, shall be carried out.

(h)

Method of amending an approval.

(1)

Minor changes in the location and placement of buildings or other elements of the final PUD plan may be authorized by the city council upon staff review.

(2)

Changes in structural types, in the shape and arrangement of lots and blocks, in the allocation of open space, and all other changes which affect the overall design of the project shall be referred to the planning commission for report and recommendation, after which the city council shall hold a review and shall decide to either approve or deny the changes in the final PUD plan. If such changes are authorized, the applicant shall submit a revised final PUD plan showing the authorized changes.

(i)

Denial of final PUD. If a final PUD plan application is denied, no new application by the same applicant for the same site may be filed for 60 days from date of denial, unless substantially different from the former proposal or the applicant has addressed the reasons for denial in the approved findings of fact.

(j)

Time limits. The zoning district and final PUD plan may be approved for a certain period of time, or a phasing plan approved by the city council with conditions including periodic progress review. If construction has not commenced within 12 months or within the phasing schedule as approved by the city council, then the council may, on its own initiative, commence proceedings under section 38-37 to rezone the property back to its original classification or declare the final PUD plan null and void.

(Code 1999, § 18A.030; Ord. No. 733, § V, 5-7-2019)

Editor's note— Ord. No. 733, § V, adopted May 7, 2019, renumbered § 38-486 as § 38-485.

(a)

Intent and purpose. The PUD overlay district is intended to allow for consideration of reasonable flexibilities from the applicable underlying zoning district standards. This section shall apply to a land area of less than five acres and must meet one or more of the following criteria:

(1)

Oddly-shaped parcels which create development difficulties;

(2)

Parcels that are underutilized, such as aged buildings or obsolete arrangement of buildings or lots create a need for redevelopment opportunity;

(3)

The site has special physical features such as slopes, trees, and wetlands;

(4)

The site possesses an opportunity to make improvements or reduce access points and improve community connections allowing for preservation of site features; or

(5)

The proposed development shall be consistent with the intent of the comprehensive plan. Mixed-use proposals will be considered consistent, if the guided use is included in the development.

(b)

General requirements and standards. Land areas of less than five acres may qualify for a conditional use permit for a PUD overlay district if the proposed use(s) are allowed within the applicable underlying zoning district. The city council will consider the following criteria and make a finding that the development will achieve a majority of the following:

(1)

The property is adjacent to or across the street from property that has been developed under the provisions of this chapter and will contribute to the amenities of the neighborhood.

(2)

The natural features of the site are preserved.

(3)

Creative rearrangement of lots or buildings can be accomplished.

(4)

The development relates to and is integrated with the immediate surrounding properties.

(5)

Pedestrian connectors are maximized.

(6)

Sustainable development is supported and enhanced.

(7)

Surface water management and the provision of utilities is enhanced.

(8)

The proposed lot area contains two parcels, under separate ownership with a joint application.

(9)

Current screening and amenities are in place to protect neighboring properties, or the site is capable of supporting screening and amenities that protect adjacent properties.

(10)

The development will provide for consolidation of properties to eliminate or reduce access drives onto public streets and highways.

(11)

The development promotes shared party access drives and improved pedestrian access.

(12)

The development provides shared and improved water quality improvements.

(13)

Public water and sanitary sewer systems are made more efficient.

(14)

The proposed development is environmentally friendly in that it includes green products and planning considerations.

(15)

The planned development is compatible with the area in both architectural and landscape design.

(c)

Additional requirements and standards.

(1)

Setbacks. Flexibilities for the underlying zoning district standards shall be considered under the same conditions as in section 38-484(e).

(2)

Density. Flexibilities from the underlying zoning district standards and/or comprehensive plan shall be considered under the same conditions as in section 38-484(n).

(3)

Building height. Flexibilities from the underlying zoning district standards shall be considered under the same conditions as in section 38-484(o).

(4)

Procedure. PUD overlay district applications shall be processed as a conditional use permit, in accordance with section 38-43.

(Code 1999, § 18A.040; Ord. No. 733, § IV, 5-7-2019)

Editor's note— Ord. No. 733, § IV, adopted May 7, 2019, renumbered § 38-485 as § 38-486.

This division is intended to satisfy state department of natural resources (DNR) requirements for floodplain and shore land ordinances and state wetland conservation requirements (WCA), as well as to protect the city's wetlands and water resources. To maintain the city's eligibility in the National Flood Insurance Program, this division is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 CFR 59—78, as amended.

(Code 1999, § 19.010)

(a)

The city has many lakes and wetlands, providing aesthetic and environmental value. Two major lakes in the city, Sucker Lake and Vadnais Lake, are part of the St. Paul Water Utility water supply system. There are over 100 wetlands throughout the city. All of the lakes and wetlands within the city are subject to the regulatory jurisdiction of the United States Army Corps of Engineers. Many of the same lakes and wetlands are also protected by the requirements of the DNR and the WCA.

(b)

The lakes, wetlands and watercourses within the city provide flood protection for adjacent and downstream properties. Wetlands improve the quality of surface water by capturing pollutant loadings, enhancing groundwater recharge and providing diverse wildlife habitat.

(Code 1999, § 19.020)

The city's surface water management plan (SWMP) is a comprehensive planning tool that specifically identifies goals and policies for water management. Standards for flood control, erosion and sediment control, water quality enhancement, and the preservation of natural features have been identified. The plan also includes floodplain delineation, necessary freeboard requirements and recommended building elevations. The SWMP is hereby adopted by reference and incorporated in its entirety, including all amendments, into this chapter.

(Code 1999, § 19.030)

This division does not imply that areas outside of the water management overlay district or land uses permitted within that district will be free from flooding or flood damages. This division does not create liability on the part of the city or its officers or employees for any flood damage that may result from reliance on this division or any administrative decision made under it.

(Code 1999, § 19.040)

In their interpretation and application, the provisions of this division shall be held to be minimum requirements and shall be liberally construed in favor of the city council and shall not be deemed a limitation or appeal of any other powers granted by state law.

(1)

The approximate boundaries of the water management overlay district are indicated on the official zoning map of the city. However, the exact determination of the boundaries will be made by the water management administrator.

(2)

Persons contesting the location of the district boundaries shall be given a reasonable opportunity to present their case to the city council and to submit technical evidence.

(3)

The official zoning map, together with all materials attached thereto, is hereby adopted by reference and declared to be part of this chapter. The attached material shall include the flood insurance study for Ramsey County, Minnesota (all jurisdictions) and flood insurance rate map panels therein numbered 27123C0030G, 27123C0035G, 27123C0036G, 27123C0037G, 27123C0041G and 27123C0042G, all dated June 4, 2010 and prepared by the Federal Emergency Management Agency. The official zoning map shall be on file in the office of the city administrator and zoning administrator.

(4)

Abrogation and greater restrictions. It is not intended by this division to repeal, abrogate, or impair any existing easements, or deeds restrictions. However, where this division imposes greater restrictions, the provisions of this division shall prevail. All other sections of this division inconsistent with this chapter are subordinate to the extent of any inconsistency.

(Code 1999, § 19.050)

(a)

Division of areas. The water management overlay district is divided into the following subdistricts: the wetland protection area, the floodplain area and the shore land area. The water management administrator shall maintain necessary records to display the water management overlay district.

(b)

Annexation. The flood insurance rate map panels adopted by reference into section 38-515(3) may include floodplain areas that lie outside of the corporate boundaries of the city at the time of adoption of the ordinance from which this chapter is derived. If any of these floodplain land areas are annexed into the city after the date of adoption of the ordinance from which this chapter is derived, the newly annexed floodplain lands shall be subject to the provisions of this chapter upon the date of annexation into the city.

(Code 1999, § 19.060)

Terms and phrases used in this division shall have the meanings defined in the city surface water management plan (SWMP). If not specifically defined within this division or the SWMP, words shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this division its most reasonable application. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory use or structure means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

Basement means any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level.

Equal degree of encroachment means a method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows.

Flood fringe means that portion of the floodplain outside of the floodway.

Floodplain means the channel or beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood.

Floodplain area means lands with a zone AE or zone A designation on the flood insurance rate map adopted in section 38-515(3).

Floodproofing means a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages.

Floodway means the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge.

Historic structure means a building or dwelling that has been designated by proper authorities as being important or potentially important in history. For the purpose of this division, the term "historic structure" shall be as defined in 44 CFR 59.

Intensive vegetation clearing means the complete removal of trees or shrubs in a contiguous patch, strip, row, or block.

Lowest floor means the lowest floor of the lowest enclosed area (including basement).

Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include the term "recreational vehicle."

Obstruction means any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, dredged spoil, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, stockpile of sand or gravel or other material, or matter in, along, across, or projecting into any channel, watercourse, lake bed, or regulatory floodplain which may impede, retard, or change the direction of flow, either in itself or by catching or collecting debris carried by floodwater.

Principal use or structure means all uses or structures that are not accessory uses or structures.

Recreational vehicle means a vehicle used for private enjoyment when one is not working that may or may not be self-propelled.

Regional flood means a flood which is representative of large floods known to have occurred generally in the state and reasonably characteristic of what can be expected to occur on an average frequency in magnitude of the 100-year recurrence interval. The term "regional flood" is synonymous with the term "base flood," used in the flood insurance rate map.

Regulatory flood protection elevation. The RFPE shall be an elevation no lower than one foot above the elevation of the regional flood, plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway. The city shall establish minimum building elevations in the floodplain to the nearest one-tenth of a foot. In approximate zone A areas on the flood insurance rate map, the city shall use the SWMP.

Shore impact zone means land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50 percent of the structure setback.

Structure means anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, and travel trailers/vehicles not meeting the exemption criteria specified in section 38-529 and other similar items.

Substantial damage means damage of any origin sustained by a structure where the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement means within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. The term "substantial improvement" includes structures that have incurred substantial damage, regardless of the actual repair work performed. The term "substantial improvement" does not, however, include either:

(1)

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to ensure safe living conditions.

(2)

Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure. For the purpose of this division, the term "historic structure" shall be as defined in 44 CFR 59.

The shore land area means all area within a 1,000-foot horizontal separation from the ordinary high water mark of a public water. The public waters of the city have been classified consistent with the criteria of state rules and the county's protected waters inventory map. The shore land area applies to the water bodies listed below, as shown on the official zoning map.

Wetland protection area includes that property with the characteristics of a wetland as defined in M.S.A. § 103G.005.

(Code 1999, § 19.070; Ord. No. 756, § I, 3-1-2022)

The water management overlay district may not be modified unless it can be shown that the original description is in error or that conditions have changed so that the area no longer fits the definitions applied in section 38-517.

(Code 1999, § 19.080)

(a)

Wetland protection area. The following are permitted uses in a wetland protection area to the extent that they are not prohibited by any other section, and that a certification is obtained from the city, acting as the local government unit (LGU) having regulatory control under the State Wetland Conservation Act, prior to the commencement of any work:

(1)

Emergencies. Emergency work may be performed when necessary to preserve life or property. Prior to the commencement of emergency work, a person shall first report the pertinent facts relating to the need for such work to the water management administrator. The water management administrator shall review such pertinent facts and determine whether an emergency exists. Upon finding that an emergency exists, the water management administrator shall, by written memorandum, authorize the commencement of this emergency exception. A person performing emergency work shall, within ten days following the commencement of such work, apply for the issuance of a conditional use permit. Upon the issuance thereof, the permittee shall be required to perform such work as is determined to be reasonably necessary to correct any impairment to the wetland occasioned by such emergency work.

(2)

Activities necessary to repair and maintain existing public or private drainage systems as long as wetlands that have been in existence for more than 20 years are not drained.

(3)

Activities in a wetland restored for conservation purposes under a contract or easement, providing the landowner with the right to drain the restored wetland.

(4)

Activities in a wetland created solely as a result of beaver dam construction, blockage of culverts through roadways maintained by a public or private entity, actions by public entities that were taken for a purpose other than creating the wetland, or any combination thereof.

(5)

Placement, maintenance, repair, enhancement, or replacement of utility or utility-type service, including the transmission, distribution, or furnishing, at wholesale or retail, of natural or manufactured gas, electricity, telephone, or radio service or communications if the impacts of the proposed project on the hydrologic and biological characteristics of the wetland have been avoided and minimized to the extent possible and the proposed project significantly modifies or alters less than one-half acre of wetlands.

(6)

Activities associated with routine maintenance of utility and pipeline rights-of-way, provided the activities do not result in additional intrusion into the wetland.

(7)

Alteration of a wetland associated with the operation, maintenance, or repair of an interstate pipeline.

(8)

Activities associated with routine maintenance of existing public highways, roads, streets, and bridges, provided the activities do not result in the draining or filling, wholly or partially, of a wetland.

(9)

Emergency repair and normal maintenance and repair of existing public works, provided the activity does not result in additional intrusion of the public works into the wetland and do not result in the draining or filling, wholly or partially, of a wetland.

(10)

Normal maintenance and minor repair of structures causing no additional intrusion of an existing structure into the wetland, and maintenance and repair of private crossings that do not result in the draining or filling, wholly or partially, of a wetland.

(11)

Normal agricultural practices to control pests or weeds, defined by rule as either noxious or secondary weeds, in accordance with applicable requirements under state and federal law, including established best management practices.

(12)

Excavation and filling in accordance with section 38-523.

(b)

Floodplain area. The floodplain area is divided into floodway and flood fringe districts in subsections (b)(1) and (2) of this section. The permitted uses in both the floodway and flood fringe districts are listed in subsection (b)(3) of this section. Additional permitted uses for only the flood fringe district are listed in subsection (b)(4) of this section. The permitted uses listed in subsections (b)(3) and (4) of this section are only allowable in the floodplain area, if they are not prohibited by any other divisions or state and federal laws, and the appropriate permits are issued.

(1)

Floodway district. The floodway district shall include those areas designated as zone AE and zone A on the flood insurance rate map panels adopted in section 38-515(3) that are below the ordinary high water level as defined in M.S.A. § 103G.005, subd. 14.

(2)

Flood fringe district. The flood fringe district shall include those areas designated as zone AE and zone A on the flood insurance rate map panels adopted in section 38-515(3) that are below the 100-year flood elevation but above the ordinary high water level as defined in M.S.A. § 103G.005, subd. 14.

(3)

Uses permitted in both districts. The following uses shall be permitted uses in both the floodway and flood fringe districts:

a.

Agriculture, general farming, pasture, grazing, outdoor plant nurseries, horticulture, tree farms, truck farming, forestry, sod farming, and wild crop harvesting.

b.

Boat launching ramps, swimming areas, parks, wildlife and nature preserves, and fishing areas.

c.

Residential lawns, gardens and play areas.

(4)

Uses permitted in the flood fringe district. The following are permitted uses in the flood fringe district:

a.

Private or public recreational uses, such as golf courses, tennis courts, driving ranges, picnic grounds, game farms, fish hatcheries, and single- or multiple-purpose recreational trails.

b.

Related accessory structures to general farming and greenhouses.

c.

Industrial-commercial loading areas and parking areas.

d.

Paved areas that do not directly discharge stormwater runoff into a wetland protection area.

e.

Levees, dikes or floodwalls.

f.

Additions to, modification of or reconstruction of all legally established nonconformities pursuant to section 38-524.

g.

Fill or storage of materials or equipment associated with the uses in subsections (b)(4)a through f of this section.

h.

Redevelopment of a parcel to allow new principal structures.

(c)

Shore land area. The permitted uses in the shore land management areas are those uses allowed and regulated by the applicable zoning district underlying the water management overlay district.

(Code 1999, § 19.090)

(a)

Approval for work within a wetland protection area shall not be issued unless the city finds and determines that the proposed development complies with the following standards:

(1)

Sequencing procedure. All proposed activities must follow the sequencing procedure, as identified in the State Wetland Conservation Act (M.S.A. ch. 354 and Minn. R. ch. 8420, including subsequent amendments) and summarized in subsections (a)(1)a through c of this section, if alterations to a wetland protection area are proposed.

a.

Avoidance. The applicant must demonstrate that the proposed activity results from the least environmentally damaging practical alternative.

1.

Evaluation of such alternatives must consider whether the proposed activity requires or is dependent upon water or wetland proximity. If the proposed activity does not require water or wetland proximity, it is presumed that other practical alternatives are available.

2.

Any practical alternative which does not involve filling is presumed to have less adverse impact upon the aquatic system.

3.

The avoidance determination process cannot consider compensatory wetland replacement.

b.

Minimization. Appropriate and practical steps must be taken to decrease to the least possible amount the adverse wetland impacts through project modifications.

c.

Wetland replacement. Appropriate and practical wetland replacement is required for unavoidable adverse impacts which remain after all avoidance and minimization actions have been implemented. Wetland replacement shall be provided in accordance with Minn. Admin. Rules 8429.530 to 8420.630 at a minimum ratio of two acres of replaced wetland area for each acre of wetland impacted. Replacement of impacted wetland area must be performed within the limits of the city or watershed management organization as defined by M.S.A. § 103B.205, subd. 13. Wetland replacement will include the following actions in descending order of acceptance.

1.

Restoration of existing previously degraded (filled or drained) wetlands within the same watershed as the proposed project.

2.

Creation of on-site, manmade wetlands within the proposed project site or contiguous to the proposed project site where practical.

3.

Replacement banking in accordance with the requirements of the state wetland bank established by the WCA (M.S.A. ch. 354 and Minn. R. ch. 8420, including subsequent amendments).

(b)

Anyone building in the wetland protection area shall provide plans certified by a registered professional engineer, registered architect, or registered land surveyor demonstrating that the finished fill and building elevations will be accomplished as required in section 38-521. Construction shall be certified by the professional that work was completed as required by this division.

(c)

Development shall maximize the incorporation of natural features into the development's site design.

(d)

Development shall not substantially reduce the natural water retention and discharge capacity of any watercourse or wetland, nor increase the rate or volume of water runoff discharging from such locations beyond the rates and volumes indicated in the SWMP.

(e)

The location of natural features and the site's topography shall be considered in the designing and siting of all physical improvements.

(f)

The soil and subsoil conditions shall be suitable for excavation and site preparation, and the drainage shall be designed to prevent erosion and environmentally deleterious surface runoff of water.

(g)

Development shall minimize the disturbance of the natural vegetation from an area within a horizontal distance of 15 feet from a wetland protection area, and no structure, paved surface, or grading will be allowed within this area unless a variance has been granted pursuant to this Code. For any new development, plat, lot split, site plan approval, or building permit, a drainage easement shall be dedicated to the city over the entire wetland protection area on the lot.

(Code 1999, § 19.100)

Approval for work within a floodplain area shall not be issued unless the city finds and determines that the proposed development complies with the following standards:

(1)

Standards in floodplain areas (both floodway and flood fringe) are as follows:

a.

Minimum lot area. The minimum lot area shall be 16,000 square feet (7,000 square feet of ground surface above the 100-year elevation).

b.

Use not to adversely affect capacity of channels. No use shall be permitted which will adversely affect the capacity of channels or floodways or any tributary to the main stream, drainage ditch or other watercourse of the drainage system.

c.

Use not to obstruct flood flows. The use shall not obstruct flood flows or increase flood elevations consistent with section 38-526.

d.

Public utilities. All public utilities and facilities, such as gas, electrical, sewer, and water supply systems to be located in the floodplain area shall be floodproofed in accordance with the state building code or elevated to above the regulatory flood protection elevation.

e.

Public transportation facilities. Railroad tracks, roads, and bridges to be located within the floodplain area shall comply with the applicable provisions of this division. Elevation to the regulatory flood protection elevation shall be provided where failure or interruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety.

(2)

Standards for floodway uses are as follows:

a.

The use shall have a low flood damage potential.

b.

The use shall not involve a structure, an addition or modification to an existing structure, fill, obstruction, excavation or storage of materials or equipment.

(3)

Standards for flood fringe uses are as follows:

a.

Fill, dredge spoil and all other similar materials deposited or stored in the flood fringe shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA's requirements may incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested.

b.

Structural works for flood control that will change the course, current or cross-section of protected wetlands or public waters shall be subject to the provisions of M.S.A. ch. 103G.

c.

The lowest floor (including basement) of any accessory structure, or redevelopment of a parcel permitted or any modification, addition to or repair of a nonconforming structure subject to the elevation on fill provisions of section 38-524(a)(1) through (6) shall be constructed on fill no lower than regulatory flood protection elevation as established in section 38-517. The fill shall extend at this elevation 15 feet beyond the perimeter of the structure or addition to the structure in all directions.

d.

Accessory structures shall not be designed for human habitation and shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of floodwaters.

e.

Accessory structures shall be elevated on fill or structurally dry floodproofed in accordance with the FP-1 or FP-2 floodproofing classifications in the state building code. As an alternative, an accessory structure may be floodproofed to the FP-3 or FP-4 floodproofing classification in the state building code, provided the accessory structure constitutes a minimal investment, does not exceed 500 square feet in size, and for a detached garage, the detached garage must be used solely for parking of vehicles and limited storage. All floodproofed accessory structures must meet the following additional standards, as appropriate:

1.

The structure must be adequately anchored to prevent flotation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls;

2.

Any mechanical and utility equipment in a structure must be elevated to or above the RFPE or properly floodproofed; and

3.

To allow for the equalization of hydrostatic pressure, there must be a minimum of two automatic openings in the outside walls of the structure having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. There must be openings on at least two sides of the structure, and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings.

f.

The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. Storage of other materials and equipment may be allowed if elevated on fill to the RFPE.

g.

Basement construction shall not be allowed below the regulatory flood protection elevation.

h.

All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces.

i.

Structural alterations to the inside dimensions of a nonconforming structure are subject to the provisions of section 38-524(a)(2) and (6).

j.

Recreational vehicles are subject to sections 38-529 through 38-532.

k.

Commercial uses. Accessory land uses such as yards, railroad tracks, and parking lots may be at elevations lower than the regulatory flood protection elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth and velocity such that when multiplying the depth (in feet) times velocity (in feet per second) the product number exceeds four upon occurrence of the regional flood.

l.

Manufacturing and industrial uses. Measures shall be taken to minimize interference with normal plant operations, especially along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in subsection (3)(k) of this section. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in floodplain areas.

m.

All building sites shall have road access no lower than one foot below the 100-year flood elevation. If a variance to this requirement is granted, the city council shall specify limitations on the period of use or occupancy of the structure for times of flooding and only after determining that adequate flood warning time and local flood emergency response procedures exist.

n.

On-site sewage treatment and water supply systems. Where public utilities are not provided:

1.

On-site water supply systems must be designed to minimize or eliminate infiltration of floodwaters into the systems; and

2.

New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters and they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the state's current statewide standards for on-site sewage treatment systems shall be determined to be in compliance with this section.

(Code 1999, § 19.110)

Approval for work within a shore land area shall not be issued unless the city finds and determines that the proposed development complies with the following standards:

(1)

Lot area and width standards.

(2)

Structure and on-site sewage system setbacks (in feet) from ordinary high water level.

(3)

Coverage. Not more than 15 percent of the lot, parcel, or tract of land shall be covered by structures or impervious surfaces, without providing on-site detention or water quality enhancement, except that new single-family residential properties are limited to 25 percent with no provisions.

a.

All roads and parking areas shall meet the setback requirements established for structures.

b.

In no instance shall impervious surfaces be placed less than 50 feet from the ordinary highwater mark.

c.

Native species of vegetation shall be used to screen parking areas when viewed from the water.

d.

The removal of natural vegetation shall be restricted to prevent erosion into protected waters, to assimilate nutrients in the soil, and to preserve shore land aesthetics. Removal of natural vegetation, grading and filling in the shore land area, except for uses permitted in the underlying zoning district and developed as approved by the city, shall be subject to the following provisions:

1.

Intensive vegetation clearing of natural vegetation is prohibited.

2.

Selective removal of natural vegetation along waterfront properties may be allowed, provided that sufficient vegetation cover remains to screen cars, dwellings and other structures when viewed from the water.

3.

Native species of vegetation shall be restored during and after all construction projects to retard surface runoff and soil erosion.

4.

Any grading, filling or excavation in the shore land area which will change or diminish the course, current or cross-section of protected waters or wetlands shall be approved by the commissioner of the state department of natural resources.

e.

All structures in residential districts, except churches and nonresidential agricultural structures, shall not exceed 28 feet in height.

(4)

Notification. The city shall notify and supply the Department of Natural Resources (DNR) with plans and information on the following:

a.

Copies of all variance requests or public hearings for a conditional use permit and ordinance amendments in a water management overlay district shall be submitted to the commissioner of the DNR at least ten days prior to such hearing.

b.

A copy of the final decision granting variances or conditional use permits shall be submitted to the commissioner of the DNR within ten days after the meeting.

c.

All preliminary plats within the water management overlay district area shall be submitted to the commissioner of the DNR within ten days after the meeting.

d.

All approved final plats shall be submitted to the commissioner of the DNR ten days after the meeting.

e.

All amendments to this division must be approved by the commissioner of the DNR prior to approval by the city council.

(5)

Planned unit developments (PUDs). In order to protect and enhance the natural and scenic qualities of shoreland areas during and after development and redevelopment of high density residential and commercial uses, PUDs may be permitted in accordance with this Chapter under the following criteria.

a.

PUDs are allowed for new projects on undeveloped land, redevelopment of previously built sites, or conversions of existing buildings and land.

b.

Applications for PUDs, including amendments to approved PUDs, within the Water Management Overlay District shall be considered under the procedures in section 38-485 or section 38-486 and be reviewed by the Department of Natural Resources, as in (4) above, prior to city approval, including the following additional requirements:

1.

A property owner's association agreement (for residential PUDs) with mandatory membership.

2.

Deed restrictions, covenants, permanent easements or other instruments that:

i.

Address future vegetative and topographic alterations, construction of additional buildings, beaching of watercraft, and construction of commercial buildings in residential PUDs; and

ii.

Ensure the long-term preservation and maintenance of open space in accordance with the criteria and analysis specified in this section.

c.

General Standards.

1.

Structures, parking areas, and other facilities must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color, or other means acceptable, assuming summer, leaf-on conditions.

2.

Vegetative and topographic screening must be preserved, if existing, or may be required to be provided.

3.

Accessory structures and facilities must meet the required structure setback.

d.

Open space standards.

1.

Open space must constitute at least 20 percent of the total project area and must include:

i.

Areas with physical characteristics unsuitable for development in their natural state; and

ii.

Areas containing significant historic sites or unplatted cemeteries.

2.

Open space may include:

i.

Outdoor recreational facilities for use by owners of dwelling units or sites and by the general public; and

ii.

Non-public water wetlands.

3.

Open space shall not include:

i.

Single-family residential dwelling sites or lots, unless owned in common by an owners' association;

ii.

Multi-family dwelling units or structures;

iii.

Road rights-of-way or land covered by road surfaces and parking areas;

iv.

Land below the OHWL of public waters; and

v.

Commercial facilities or uses.

4.

Open space within the shore impact zone of residential PUD must preserve at least 70 percent of the area in its natural or existing state.

5.

Open space maintenance and administration requirements.

i.

Open space preservation. The appearance of open space areas, including topography, vegetation, and allowable uses, must be preserved and maintained by use of deed restrictions, covenants, permanent easements, public dedication, or other equally effective and permanent means. The instruments must prohibit:

1.

Commercial uses (for residential PUD's);

2.

Vegetation and topographic alterations other than routine maintenance;

3.

Construction of additional buildings or storage of vehicles and other materials; and

4.

Uncontrolled beaching of watercraft.

ii.

Shore recreation facilities:

1.

Must be centralized and located in areas suitable for them based on a suitability analysis.

2.

The number of spaces provided for continuous beaching, mooring, or docking of watercraft must not exceed six.

3.

Launching ramp facilities, including a small dock for loading and unloading equipment, may be provided.

iii.

Development organization and functioning. Unless an equally effective alternative community framework is established, all residential planned unit developments must use an owners' association with the following features:

1.

Membership must be mandatory for each dwelling unit or dwelling site owner and any successive owner;

2.

Each member must pay a pro rata share of the association's expenses, and unpaid assessments can become liens on units or dwelling sites;

3.

Assessments must be adjustable to accommodate changing conditions; and

4.

The association must be responsible for insurance, taxes, and maintenance of all commonly owned property and facilities.

e.

Erosion control and stormwater management.

1.

Erosion control plans must be developed and must be consistent with the applicable local, state and federal provisions. Erosion control plans approved by a soil and water conservation district may be required if project size and site physical characteristics warrant.

2.

Stormwater management facilities must be designed and constructed to manage expected quantities and qualities of stormwater runoff.

f.

Installation of riparian buffers.

1.

A natural vegetation riparian buffer in the shore impact zone, if one does not already exist, must be installed and maintained.

2.

The buffer shall consist of trees, shrubs and low ground cover of native plants and understory consistent with natural cover shorelines in the area and shall cover a minimum of 80 percent of the shore impact zone.

g.

Steep Slopes.

1.

Slopes having an incline of at least 15 percent with a vertical elevation of at least 20 feet shall not be used as building placement sites.

2.

Such slopes shall not be altered to create suitable multiple-family (duplex or greater) building sites.

(Code 1999, § 19.120; Ord. No. 756, §§ II, III 3-1-2022)

(a)

Excavation or filling, obstructions and any structures in the floodplain may be allowed only when appropriate state and federal permits have been obtained and when local review requirements have been fulfilled.

(b)

The maximum extent of excavation or filling which may be permitted in the water management overlay district shall be determined by specific permitted uses and standards for each area, and flood storage needs and water quality improvement requirements of the city.

(c)

Only fill substantially free of chemical pollutants and organic wastes, as determined by the water management administrator, may be used.

(d)

Excavation may be allowed only when it will not result in the permanent draining of the wetland, and must be accomplished in the following manner:

(1)

Excavation for pretreatment of stormwater runoff shall be limited to the minimum area necessary for removal of nutrients and associated sediment.

(2)

Excavation activities or related stormwater discharges shall not significantly change or diminish the course, current, cross-section, water volume or habitat characteristics of protected waters or wetlands.

(3)

The size of the excavated area shall be limited to the absolute minimum, unless the work is part of an approved mitigation plan.

(4)

Excavated material shall be disposed of in areas lying outside of a wetland protection area and shall not result in a significant change in current flow, or in substantial destruction of vegetation, fish spawning areas, or water pollution.

(5)

Work in the wetland will not be performed during the breeding season of waterfowl or fish spawning season.

(Code 1999, § 19.130)

(a)

Conditions of nonconforming uses. A structure, or the use of a structure, or premises which was lawful before the passage or amendment of this division but which is not in conformity with the provisions of this division may be continued subject to the following conditions:

(1)

No such use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity.

(2)

Any alteration to a nonconforming structure or nonconforming use which would result in increasing the flood damage potential of that flood structure or use shall be protected to the regulatory flood protection elevation (100-year elevation) in accordance with any of the floodproofing techniques (i.e., FP-1 through FP-4 floodproofing classifications) allowable in the state building code, except as further restricted in subsections (a)(3) and (6) of this section. A structural addition to the outside dimensions of a nonconforming structure must be elevated on fill in accordance with section 38-521(3)(c).

(3)

The cost of all structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure unless the conditions of this division are satisfied. The cost of all structural alterations and additions must include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the cost of all previous and proposed alterations and additions exceeds 50 percent of the market value of the structure, then the structure must meet the elevation on fill requirements included in section 38-521(3)(c).

(4)

If any nonconforming use is discontinued for 12 consecutive months, any future use of the building premises shall conform to the elevation on fill requirements of section 38-521(3)(c). The assessor shall notify the water management administrator in writing of instances of nonconforming uses which have been discontinued for a period of 12 months.

(5)

If any nonconforming use or structure is substantially damaged, as defined in section 38-517, it shall not be reconstructed except in conformity with the elevation on fill requirements of section 38-521(3)(c).

(6)

If a substantial improvement occurs, as defined in section 38-517, from any combination of a building addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an existing nonconforming building, then the building addition and the existing nonconforming building must meet the elevation on fill requirements of section 38-521(3)(c).

(7)

Historical structures, as defined in section 38-517, shall be subject to the provisions of section 38-524(a)(1) through (6).

(b)

Substandard lots. Lots of record in the office of the county recorder prior to the date of enactment of this division which do not meet the requirements of section 38-520, may be allowed as building sites provided:

(1)

Such use is permitted in the zoning district;

(2)

The lot is in separate ownership from abutting lands; and

(3)

All other dimensional requirements are complied with insofar as is practical.

(c)

Exceptions to structure setback requirements.

(1)

Setback requirements from the ordinary high water mark shall not apply to boathouses, piers and docks. Boathouses may be allowed, provided they are not used for habitation and do not contain sanitary facilities.

(2)

In those cases where there are existing adjacent structures which have a setback of less than 50 feet, the setback for new structures shall be equal to the average of the setbacks for the existing adjacent structures. In those cases where there is only one existing adjacent structure which has a setback of less than 50 feet, the setback for the new structure shall be equal to the average of the setback of the existing adjacent structure and the required 50-foot lakeside setback.

(3)

Accessory structures may be located in the front yard of lakeshore properties upon approval of a riparian lot variance.

(d)

Conditional use permit. A conditional use permit will be considered for specific property which has been platted or assessed for public improvements. Granting of the conditional use permit shall be subject to obtaining all applicable federal, state and local permits.

(Code 1999, § 19.140)

(a)

Water management administrator. The city engineer shall act as the water management administrator. The administrator shall review all development proposals to determine whether the proposed use lies within a floodplain area, shore land area or wetland protection area. No development shall be permitted unless it complies with all provisions of this division.

(b)

Interpretation of area boundaries. Where interpretation is needed as to the exact location of the boundaries of the floodplain area, shore land area or wetland protection area as shown on the official zoning map, the water management administrator shall make the necessary interpretation. The interpretation shall be based on the 100-year flood profile information adopted in section 38-515(3), the ground elevations that existed on the site at the time the council adopted its initial floodplain ordinance or on the date of the first National Flood Insurance Program Map showing the area in the floodplain if earlier, or as contained in the SWMP, as appropriate, field investigations to determine elevations, vegetation and soil types, contour maps and state and federal wetland maps. The water management administrator shall utilize persons with the appropriate expertise in making such field determinations.

(c)

Records, maps, and data. The water management administrator shall assemble and maintain such necessary records, maps, and data deemed appropriate to determine floodplain, shore land and wetland protection areas. These maps shall include the SWMP maps, National Wetland Inventory maps, flood insurance rate maps and a soil survey manual.

(d)

Permit required. A permit issued by the water management administrator, or other city designee, shall be secured prior to the construction, addition, modification, rehabilitation (including normal maintenance and repair), or alteration of any building or structure; prior to the use or change of use of a building, structure, or land; prior to the construction of a dam, fence, or on-site septic system; prior to the change or extension of a nonconforming use; and prior to the repair of a structure that has been damaged by fire, tornado, or any other source; and prior to excavation or the placement of an obstruction within the floodplain.

(e)

Notifications for watercourse alterations. The zoning administrator shall notify, in riverine situations, adjacent communities and the commissioner of the department of natural resources prior to the city authorizing any alteration or relocation of a watercourse. If the applicant has applied for a permit to work in the beds of public waters pursuant to M.S.A. ch. 103G, this shall suffice as adequate notice to the commissioner of natural resources. A copy of the notification shall also be submitted to the Chicago regional office of the Federal Emergency Management Agency (FEMA).

(f)

Notification to FEMA when physical changes increase or decrease the 100-year flood elevation. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the zoning administrator shall notify the Chicago regional office of FEMA of the changes by submitting a copy of the technical or scientific data.

(Code 1999, § 19.150)

Applications for work within the water management overlay district shall be reviewed and processed in the following manner:

(1)

Once the application is approved by all governmental agencies having such authority, including section 38-522(4) when applicable, the water management administrator shall forward the copies of the application to appropriate staff for review and comment.

(2)

The application, together with city staff and agency reviews, shall be forwarded to the planning commission for its review recommendations.

(3)

An application fee in an amount established by the city shall be filed with the water management administrator.

(4)

Upon receipt of an application for development within the water management overlay district, the applicant shall be required to furnish the following information:

a.

Plan (surface view) showing two-foot contours of the ground;

b.

Pertinent structures, fill or storage elevations;

c.

Size, location, elevation, and spatial arrangement of all proposed and existing structures on the site;

d.

Location and elevations of streets;

e.

Photographs showing existing land uses and vegetation upstream and downstream;

f.

Soil type data;

g.

Water table information;

h.

Erosion control elements;

i.

Delineation of floodplain, shore land or wetland protection areas;

j.

In-place utilities;

k.

Hydrologic analysis consistent with the SWMP;

l.

Water quality enhancement feature design.

(5)

If a proposed activity is either partially or wholly within a floodplain area, and based upon the review of a development plan, the following determinations shall be made:

a.

Peak discharge of the regional flood (100-year frequency event).

b.

Water surface elevation or profile of the regional flood based upon a hydraulic analysis for the floodplain area if this information is not already available in the county flood insurance study adopted by reference in section 38-515(3).

c.

Area of floodplain necessary to store or convey the regional flood without increasing flood stages.

d.

Rate of stormwater runoff, before and after the development or construction of the proposed usage, to display that the rate of such runoff is not greater than the rates of the SWMP.

e.

Design or plan of catch basins, pumps, settling ponds and similar water purification and filtering processes to ensure the maintenance or enhancement of runoff water quality standards for the area.

f.

Based upon the technical evaluation by the water management administrator, the city shall amend the city's flood insurance rate map according to Federal Emergency Management Agency procedures.

g.

The city shall notify and supply the department of natural resources (DNR) with plans and information on the following:

1.

Copies of all variance requests or public hearings for a conditional use permit and ordinance amendments in a water management overlay district shall be submitted to the commissioner of the DNR at least ten days prior to such hearing.

2.

A copy of the final decision granting variances or conditional use permits shall be submitted to the commissioner of the DNR within ten days after the meeting.

3.

All preliminary plats within the water management overlay district area shall be submitted to the commissioner of the DNR within ten days after the meeting.

4.

All approved final plats shall be submitted to the commissioner of the DNR ten days after the meeting.

5.

All PUD detailed development plans shall be forwarded to and approved by the commissioner of the DNR prior to approval by the city council. PUD development plans must be in accordance with the requirements and standards of this division.

6.

All amendments to this division must be approved by the commissioner of the DNR prior to approval by the city council.

h.

Record of first floor elevation. The water management administrator shall maintain a record of the elevation of the lowest slab floor (including basement) and lowest opening (door or window) of all new and reconstructed structures and alterations or additions to existing structures in the floodplain area. The administrator shall also maintain a record of the elevation to which structures or alterations and additions to structures are floodproofed.

i.

Certificate of zoning compliance for a new, altered, or nonconforming use. It is unlawful to use, occupy, or permit the use or occupancy of any building or premises, or part thereof, hereafter created, erected, changed, converted, altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued by the water management administrator stating that the use of the building or land conforms to the requirements of this division.

j.

Variances. The city council may authorize, upon appeal in specific cases, such relief or variance from the terms of this division as will not be contrary to the public interest and only for those circumstances such as hardship, practical difficulties or circumstances unique to the property under consideration, as provided for in the respective enabling legislation for planning and zoning for cities or counties as appropriate. In the granting of such variance, the city council shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in this division, any other zoning regulations in the city, and in the respective enabling legislation which justified the granting of the variance. No variance shall have the effect of allowing uses prohibited in that area, permitting a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permitting standards lower than those required by state law. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied:

1.

Variances shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.

2.

Variances shall only be issued upon a showing of good and sufficient cause, a determination that failure to grant the variance would result in exceptional hardship to the applicant, and a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

3.

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

k.

Flood insurance notice and record keeping. The water management administrator shall notify the applicant for a variance that:

1.

The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance; and

2.

Such construction below the 100-year (regional flood) level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. A community shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the administrator of the National Flood Insurance Program.

(Code 1999, § 19.160; Ord. No. 756, §§ II, III 3-1-2022)

(a)

Violation of the provisions of this division or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law.

(b)

Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include, but are not limited to:

(1)

In responding to a suspected violation, the water management administrator and local government may utilize the full array of enforcement actions available to it, including, but not limited to, prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The community must act in good faith to enforce these official controls and to correct violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program.

(2)

When a violation is either discovered by or brought to the attention of the water management administrator, the water management administrator shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate department of natural resources and the Federal Emergency Management Agency regional office along with the city's plan of action to correct the violation to the degree possible.

(3)

The water management administrator shall notify the suspected party of the requirements of this division and all other official controls and the nature and extent of the suspected violation of these controls. If the structure or use is under construction or development, the water management administrator may order the construction or development immediately halted until a proper permit or approval is granted by the city. If the construction or development is already completed, then the water management administrator may either issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls, or notify the responsible party to apply for an after-the-fact permit/development approval within a specified period of time not to exceed 30 days.

(4)

If the responsible party does not appropriately respond to the water management administrator within the specified period of time, each additional day that lapses shall constitute an additional violation of this division and shall be prosecuted accordingly. The water management administrator shall also, upon the lapse of the specified response period, notify the landowner to restore the land to the condition which existed prior to the violation of this division.

(Code 1999, § 19.170)

(a)

The water management overlay designation on the official zoning map shall not be removed from an area unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the commissioner of natural resources if they determine that, through other measures, lands are adequately protected for the intended use.

(b)

All amendments to this division, including amendments to the official flood insurance rate maps, must be submitted to and approved by the commissioner of natural resources prior to adoption. Changes in the official flood insurance rate maps also require prior approval by the Federal Insurance Arbitration.

(c)

All amendments made to the SWMP shall be included in their entirety in this division, by reference.

(Code 1999, § 19.180)

(a)

Exemption criteria not met. Recreational vehicles that do not meet the exemption criteria specified in this division shall be subject to the provisions of this division and as specifically spelled out in the sections below.

(b)

Exemption. Recreational vehicles are exempt from the provisions of this division if they are placed in any of the areas listed in section 38-530 and, further, if they meet the following criteria:

(1)

Have current licenses required for highway use.

(2)

Are highway ready, meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type-utilities commonly used in campgrounds and recreational vehicle parks, and the recreational vehicle has no permanent structural-type additions attached to it.

(3)

The recreational vehicle and associated use must be permissible in any pre-existing, underlying zoning use district.

(Code 1999, § 19.190)

Areas exempt for placement of recreational vehicles are as follows:

(1)

Individual lots or parcels of record.

(2)

Existing commercial recreational vehicle parks or campgrounds.

(3)

Existing condominium-type associations.

(Code 1999, § 19.192)

Recreational vehicles exempted in section 38-529 lose this exemption when development occurs on the parcel exceeding $500.00 for a structural addition to the recreational vehicle or exceeding $500.00 for an accessory structure such as a garage or storage building. The recreational vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation on fill requirements of section 38-521(3)(c) and the use of land restrictions specified in this division. There shall be no development or improvement on the parcel or attachment to the recreational vehicle that hinders the removal of the recreational vehicle to a flood-free location should flooding occur.

(Code 1999, § 19.194)

New commercial recreational vehicle parks or campgrounds and new residential-type subdivisions and condominium associations and expansion of any existing similar use exceeding five units or dwelling sites shall be subject to the following:

(1)

Any new or replacement recreational vehicle will be allowed in the flood fringe districts, provided the recreational vehicle and its contents are placed on fill above the regulatory flood protection elevation determined in accordance with the provisions of this division and proper elevated road access to the site exists in accordance with this division. No fill placed in the flood fringe to meet the requirements of this division shall increase flood stages of the 100-year or regional flood.

(2)

All new or replacement recreational vehicles not meeting the criteria of subsection (1) of this section may, as an alternative, be allowed if in accordance with the following provisions: the applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100-year flood. The plan shall be prepared by a registered engineer or other qualified individual and shall demonstrate that adequate time and personnel exist to carry out the evacuation, and shall demonstrate the provisions of sections 38-529(b)(2) and (3) and 38-531 will be met. All attendant sewage and water facilities for new or replacement recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding in accordance with this division.

(Code 1999, § 19.196)

(a)

Review criteria. No land shall be subdivided which is unsuitable for the reason of flooding, inadequate drainage, water supply or sewage treatment facilities. All lots within floodplain areas shall be able to contain a building site outside of the floodplain area. All subdivisions shall have water and sewage treatment facilities that comply with the provisions of this division and have road access both to the subdivision and to the individual building sites no lower than one foot below the 100-year flood elevation. For all subdivisions in the floodplain, the floodway and flood fringe district boundaries, the regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents.

(b)

Procedures for determining the 100-year flood elevation and floodway and flood fringe boundaries. In the floodplain area, applicants shall provide the information required in section 38-526 to determine the water surface elevation or profile of the regional flood if such information is not available in the county flood insurance study as adopted by reference in this division. Floodway and flood fringe boundaries shall be determined in accordance with section 38-519(b)(1) and (2).

(c)

Removal of special flood hazard area designation. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested.

(Code 1999, § 19.200)

New manufactured home parks and expansions to existing manufactured home parks shall be subject to the provisions placed on subdivisions by section 38-533. The placement of new or replacement manufactured homes in existing manufactured home parks located in floodplain areas will be treated as a new structure and may be placed only if elevated in compliance with section 38-521(3)(c). If vehicular road access for pre-existing manufactured home parks is not provided in accordance with section 38-521(3)(m), then replacement manufactured homes will not be allowed until the property owners develops a flood warning emergency plan acceptable to the city council.

(Code 1999, § 19.210)

No new structure or land shall hereafter be used, and no structure shall be constructed, located, extended, converted, or structurally altered without full compliance with the terms of this division and other applicable regulations which apply to uses within the jurisdiction of this division. Within floodplain areas, all uses not listed as permitted uses in section 38-519(b) shall be prohibited.

(Code 1999, § 19.220)

It is the intent and purpose of this chapter to promote the public health, safety and welfare by providing for the preservation, protection, proper maintenance, and use of the property owned by the St. Paul Waterworks.

(Code 1999, § 19A.010; Ord. No. 437, 2-19-2002)

(a)

Permitted uses are as follows:

(1)

Accumulation and retention of lake/surface waters for municipal water purposes;

(2)

Public open space, parks, playgrounds, trails and athletic fields;

(3)

Nurseries and tree farms, but not including retail sales.

(b)

Accessory uses are as follows:

(1)

Off-street parking facilities;

(2)

Underground utilities.

(c)

Conditional uses are any and all buildings and structures necessary for the operation of the St. Paul Waterworks.

(Code 1999, § 19A.020; Ord. No. 437, 2-19-2002)

The city council shall review each proposed conditional use in the waterworks district according to the following criteria: the interrelationship with the proposed development to existing conditions both on and off the property. The impact of the plan on existing conditions shall include:

(1)

Traffic movement and parking conditions;

(2)

Pedestrian and vehicular ingress and egress;

(3)

Building location, setbacks and height;

(4)

Building architecture;

(5)

Landscaping;

(6)

Lighting;

(7)

Provisions for utilities;

(8)

Site drainage;

(9)

Location and screening of all exterior storage;

(10)

Preservation of wooded areas;

(11)

Consideration of water runoff and the preservation of ponds and wetlands.

(Code 1999, § 19A.030; Ord. No. 437, 2-19-2002)

(a)

The minimum building setback from any lot line or public right-of-way shall be 50 feet.

(b)

Development adjacent to residential zones shall have a parking lot area setback of 100 feet and building setback of 150 feet.

(c)

The maximum building height shall be 28 feet, except as regulated in section 38-608(2).

(Code 1999, § 19A.040; Ord. No. 437, 2-19-2002)

The administration procedures for the municipal review of a conditional use permit shall be as set forth in section 38-43.

(Code 1999, § 19A.050; Ord. No. 437, 2-19-2002)