The purpose of this article is to establish general development performance standards. These standards are intended and designed to ensure compatibility of uses; to prevent urban blight, deterioration and decay; and to enhance the health, safety and general welfare of the residents of the city.

(Code 1999, § 20.010)

(a)

Screening.

(1)

All commercial and industrial principal and accessory uses which are situated within 75 feet of a residence one, residence two, or residence three district shall be screened from such district by a wooden wall or fence of not less than 100 percent opacity and not less than ten feet in height above the level of the residence one, residence two, or residence three property at the district boundary. Such wall or fence shall be setback from the property line at least five feet. In the setback area shall be planted a combination of coniferous and deciduous plants and possibly vines in order to soften the appearance of the fence or wall for the affected residential area.

(2)

Walls or fences of lesser heights or planting screens may be permitted by the city council if there is a finding that the nature or extent of the use being screened is such that a lesser degree of screening will as adequately promote and protect the use and enjoyment of the properties within the adjacent residence one, residence two, or residence three, or there is a finding that a screening of the type required by this article would interfere with the provision of adequate amounts of light and air to the properties.

(3)

All required screening devices shall be designed so that they are architecturally harmonious with the principal structures on the site and they shall be properly maintained so as not to become unsightly, hazardous or less opaque than when originally constructed.

(4)

Exterior storage, where permitted, shall be subject to proper screening as approved by the city planner.

(b)

Landscaping. All exposed ground areas surrounding or within a principal or accessory use, including street boulevards, which are not devoted to drives, sidewalks, patios and other such uses, shall be landscaped. All landscaped areas shall be kept neat, clean and uncluttered. No landscaped area shall be used for the parking of vehicles or the storage or display of materials, supplies or merchandise. Dead or dying vegetation within landscaped areas, including plantings and grass, shall be replaced by the property owner or manager.

(1)

Elements of landscape design. Elements of landscape design may include:

a.

Existing topographical and vegetative features;

b.

Berming;

c.

Plantings, including the required minimum number of overstory trees, understory trees, shrubs, flowers and ground cover materials.

(2)

Minimum number of major trees. The minimum number of major or overstory trees on any given site shall be as indicated below. These are the minimum substantial plantings, in addition to other understory trees, shrubs, flowers and ground cover deemed appropriate for a complete quality landscape treatment of the site. Sites shall contain at a minimum the greater of:

a.

One tree per 1,000 square feet of gross building floor area;

b.

One tree per 800 square feet of landscaped area for commercial and industrial projects;

c.

One tree per 1,600 square feet of landscaped area for residential projects;

d.

One tree per 50 lineal feet of site perimeter; or

e.

One tree per multi-residential dwelling unit.

(3)

Expansion area exception.

a.

When the site includes area designated for use in conjunction with future expansion of the development area, the site perimeter shall be defined as that area which extends 30 feet beyond the side and rear yard setback of the parking area or 30 feet beyond the side and rear yard setback of the primary or accessory structure.

b.

The future designated area must be seeded, sodded or left with natural vegetation.

(4)

Credit for existing trees.

a.

The total number of required new overstory trees may be offset by the retention of existing overstory trees on the lot, provided that such trees satisfy the minimum requirements as to size and species.

b.

The city planner shall recommend to the planning commission the amount of the credit for such existing trees based upon their location and distribution on the lot.

(5)

Parking lots; planting islands.

a.

Requirements. Planting islands within parking lots shall be required to visually break up expanses of hard surface parking areas to allow safe and efficient traffic movement, and to define rows of parking.

b.

Landscaping. Landscaping shall occupy at least four percent of the parking area.

(6)

Minimum size of plantings. Required trees shall be of the following minimum planting size:

a.

Deciduous and overstory trees: 2½ inches diameter, as measured six inches above the ground.

b.

Coniferous trees: average six feet in height with a minimum height of four feet.

c.

Deciduous/ornamental trees: 1½ inches diameter, as measured six inches above the ground.

(7)

Species.

a.

All trees used in site developments shall be indigenous to the appropriate hardiness zone and physical characteristics of the site.

b.

The compliment of trees fulfilling the requirements of this policy shall be not less than 25 percent hardwood deciduous overstory and no less than 25 percent coniferous.

(8)

Minimum plant culture requirements.

a.

All tree planting details shall meet or exceed current state department of transportation (MnDOT) planting detail requirements as to plant pit size and specifications.

b.

All trees planted within parking lot islands or other hard surface areas or in areas with compacted soils shall have a minimum of 350 cubic feet of suitable, non-compacted soil for proper root development. This volume of soil shall be computed to a depth of three feet and a minimum lateral dimension of six feet.

(9)

Sodding and seeding.

a.

Seeding may be used when the city determines sod is not practical or desirable, such as, but not limited to, campus areas of schools, recreational playfields and open space, sites that are rough graded and areas that cannot be developed (such as those in a power line easement).

b.

Seeding shall be confined to the rear yard area of a lot.

c.

On any lot on which a building is located as the principal use of the property, seeding shall not be used within 50 feet of the building.

d.

Seeding will be considered properly installed and vigorously growing when it is viable turf.

e.

Seeding shall be allowed in undisturbed areas containing existing viable natural vegetation which can be maintained free of foreign and noxious plant materials.

f.

Seeding shall be allowed in areas designated as open space or future expansion areas or properly planted and maintained as prairie grass.

(10)

Special approval for final slope grades. Final slope grades steeper than the ration of three to one will not be permitted without special approval or treatment, such as terracing or retaining walls.

(11)

Protection of existing vegetation during construction.

a.

All existing vegetation to be saved upon a lot under development shall be protected from damage or destruction occurring as a result of activity which takes place during the construction process.

b.

No soil or other material shall be allowed to accumulate or be placed near any such vegetation in such a manner that the deterioration or death of the vegetation may result.

c.

The vegetation shall be fenced off out to the drip line of trees or beyond to ensure against damage by vehicles, compaction of soils or the chemical alteration of soils, due to concrete washout and leakage or spillage of toxic materials.

(12)

Woodland preservation policy and credit.

a.

It is the policy of the city to preserve the natural forest and woodland areas throughout the city, and, with respect to specific site development, to retain, as far as practicable, substantial tree stands which should be incorporated into the site.

b.

Credit for the retention of existing trees which are of acceptable species, size and location may be given to satisfy the minimum number requirements set forth in this policy and in the city ordinances.

c.

Where commercial, industrial and institutional uses clearly demonstrate affirmative design efforts toward the preservation and enhancement of desirable natural site characteristics, ordinance required paved parking spaces may be reduced and installation deferred until such time as the need for the full complement of parking. When the need has been determined, paved parking shall be installed in conformance with a "proof of parking" plan so approved by the city.

(c)

Building design. The design of exterior surfaces shall be consistent on all sides in terms of materials and architectural treatment.

(Code 1999, § 20.020)

(a)

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. Such slopes shall not be altered to create suitable multiple-family (duplex or greater) building sites, unless no feasible alternative exists.

(b)

The design and construction of any retaining walls for purposes of development in an area of steep slopes must receive approval from the city council.

(Code 1999, § 20.022)

The applicant for a density increase must show that the increase will not have an undue or adverse impact on existing public facilities and on the reasonable enjoyment of neighboring property. The city council, in determining reasonableness of the proposed increase, shall consider the following factors, among others:

(1)

Location, amount and proposed use of open space;

(2)

Location, design and type of dwelling provided;

(3)

Physical characteristics of the site;

(4)

Relationship of the proposed dwelling unit to nearby developments. When calculating the number of dwelling units per acre for residential developments or percentage of lot coverage for commercial or industrial developments, the following factors will be used:

a.

Size of the site shall be determined by the total land area within the perimeter of the privately-owned property. This will include any area of newly-proposed public or private roads or road rights-of-way.

b.

Wetlands protected by section 38-516(a) shall not be included in the calculation of the site.

c.

Slopes having an incline of greater than 20 percent and a vertical elevation change of greater than 20 feet shall not be included in the calculation of the site.

d.

If at least 30 percent of the site is affected by subsection (4)b or c of this section or dedicated as a public park, a density bonus of up to ten percent may be allowed by the city council.

(Code 1999, § 20.024)

No garage, tent, recreational vehicle, temporary family health care dwelling or accessory building shall, at any time, be used as living quarters temporarily or permanently. Pursuant to the authority granted by M.S.A. § 462.3593, subd. 9, the city opts out of the requirements of M.S.A. § 462.3593, which defines and regulates temporary family health care dwellings.

(Code 1999, § 20.030)

(a)

An accessory building shall be considered an integral part of the principal building if it is connected to the principal building by a covered passageway or is located less than six feet from the principal building.

(b)

Except for farm buildings, no accessory buildings shall be erected or located within any required side yard setback or in front of the principal building on the subject property.

(c)

Accessory buildings and garages in residential districts shall not exceed the height of the principal structure, shall comply with the setback and height standards in the applicable zoning district, and be at least five feet or more from all lot lines of adjoining lots and shall not be located within a drainage and utility easement. Farm buildings shall be exempt from the height requirements.

(d)

Except for farm buildings, all accessory buildings and detached garages per single-family homes shall occupy no more than 25 percent of a rear yard, nor exceed 1,200 square feet of total floor area, for all accessory structures. Accessory buildings and garages that exceed the stated maximum may be allowed with a conditional use permit.

(e)

No permit shall be issued for the construction of more than one accessory detached private garage structure for each dwelling or individual lot.

(f)

No accessory building or use shall be constructed or developed on a lot prior to the time of construction of the principal building to which it is accessory, except by conditional use permit.

(g)

Accessory buildings in the commercial and industrial districts, if permitted in the applicable district, shall be located to the rear of the principal building.

(h)

No accessory building in a commercial or industrial district shall exceed the height of the principal building, except by conditional use permit.

(i)

No accessory building or structure shall be allowed over any public easement except by variance, in compliance with the procedures in section 38-38.

(j)

Temporary outside display of merchandise at gas stations and convenience food stores is allowed as an accessory use in the commercial two and city center districts. Such display shall be maintained in a neat and orderly fashion appurtenant to a permanent structure and shall not exceed 150 square feet or five percent of the gross building floor area, whichever is less. Temporary outside display shall not be considered outside storage.

(Code 1999, § 20.040; Ord. No. 732, § XIII, 2-5-2019)

(a)

Purpose. The provisions of this section are intended to protect the health, safety and general welfare of the community, while providing for well-designed and efficient telecommunications systems. To meet the objectives, the provisions of this section direct the location of antennas, dish antennas, towers, and wireless facilities.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Antenna means equipment used for transmitting or receiving telecommunication, television or radio signals, which is located on the exterior of, or attached to any building or structure, but not including satellite dish antennas or wireless facilities.

Antenna, commercial, means any pole, spire or structure, or any combination, to which an antenna is, or could be attached, or which is designed for an antenna to be attached, and all supporting lines, cables, wires and braces erected for the commercial use of information.

Antenna, private, means any antenna erected for the noncommercial use of information.

City-designated antenna site means a location in the city, designated by the city, on which is or may be located one or more telecommunication, radio or television antennas available for connection and use by any person upon execution of a lease with the city.

Micro wireless facility means has the meaning given by M.S.A. § 237.162, subd. 14, as may be hereafter modified.

Satellite dish antenna means a parabolic-shaped antenna (including all supporting apparatus) used in receiving television signals, which is located on the ground or exterior of, or outside of, any building or structure.

Small wireless facility: has the meaning given by M.S.A. § 237.162, subd. 11, as may be hereafter modified.

Wireless facility: has the meaning given by M.S.A. § 237.162, subd. 13, as may be hereafter modified.

Wireless support structure: has the meaning given by M.S.A. § 237.162, subd. 16, as may be hereafter modified.

(c)

Restrictions on use of private telecommunication antennas. Private receiving or transmitting antennas and towers not more than 20 feet in height above a manmade structure or not more than 50 feet in height above the ground, if constructed on the ground, shall be a conditional use in all districts.

(d)

Restrictions on use of commercial telecommunication antennas.

(1)

Antennas to conform. Commercial receiving or transmitting antennas which are either new freestanding towers, new roof-mounted antennas, or new co-located antennas which will raise the height of an existing antenna tower shall conform to the following:

a.

City water site preferred. Commercial receiving or transmitting antennas shall connect and use the city water tower sites under a negotiated lease whenever such placement is technically feasible. Such projects may proceed with city council approval and a building permit. Certification by an independent professional radio frequency engineer is required to demonstrate that the city tower site is not technically feasible.

b.

City designated site; next preferred site. Commercial receiving or transmitting antennas, or towers containing such antennas, that cannot be located on the city water tower site shall be located on a city-designated site. Such projects shall be reviewed according to the city site plan approval process and require a building permit. Certification by an independent professional radio frequency engineer is required to demonstrate that the city-designated site is not technically feasible.

c.

Existing tower site; city site not technically feasible. Commercial receiving or transmitting antennas, or towers containing such antennas, that cannot be located on a city-designated site shall be located on an existing tower site, including existing nonconforming tower sites. Such projects shall be reviewed according to the city site plan approval process, and require a building permit.

d.

Commercial antennas on utility tower where existing tower site not technically feasible. Commercial receiving or transmitting antennas, or towers containing such antennas, that cannot be located on an existing tower site shall be located on the tower of a utility provider, such as NSP towers. Such projects shall be reviewed according to the city site plan approval process and require a building permit. Certification by an independent professional radio frequency engineer is required to demonstrate that an existing tower site is not technically feasible.

e.

Commercial antennas; city site, existing tower site, or utility tower not technically feasible. If a professional radio frequency engineer certifies that it is not technically feasible to place the antenna on the city-designated site, existing tower site, or on the tower of a utility provider, the antenna may be located as follows:

1.

First on existing structures in R-3 (within 100 feet of the interstate freeway), commercial, office-business, office or industrial districts as roof-mounted antenna, provided the antenna is no more than 25 percent of the structure height, by a conditional use permit; or

2.

If a professional radio frequency engineer certifies that a roof-mounted antenna is not technically feasible, then in industrial zoning districts by a conditional use permit.

f.

Setback requirements. All antennas and towers upon which antennas are placed shall be subject to the appropriate side and rear setback requirements established for structures in the applicable zoning district.

g.

Setbacks from public streets and highways. Freestanding antenna towers shall be setback four times the tower height or 200 feet, whichever is greater, from existing public rights-of-way and residential zoning districts.

(2)

Co-location on existing conforming sites. Commercial receiving or transmitting antennas which are co-located on existing conforming freestanding towers or roof-mounted antennas and which do not add to the height of the existing tower shall be reviewed according to the city site plan approval process and a building permit. Such co-locations do not require certification by a professional radio frequency engineer that placement on another site is not technically feasible.

(3)

Co-location on existing nonconforming sites. Commercial receiving or transmitting antennas which are co-located on existing legal nonconforming freestanding towers or roof-mounted antennas and which do not add to the height of the existing tower shall be allowed by conditional use permit and a building permit.

(4)

Standards for transmitting towers and antennas. The following standards shall apply to all commercial receiving or transmitting towers and antennas:

a.

License required. The applicant shall present documentation of the possession of any required license by state, federal or local agencies.

b.

Nonconforming uses. Existing transmitting and receiving facilities, at the time of adoption of the ordinance from which this section is derived may remain in service; however, at such times any material change is made in the facilities, full compliance with this section shall be required.

c.

Building permit. In addition to other permits or approvals that may be required under this section, a building permit shall be required for the construction of new antennas and towers upon which antennas will be placed and shall include wind-loading and strength and footing calculations prepared by a state-registered engineer whenever deemed necessary by the city engineer.

d.

Co-location requirement for new antennas. If a new antenna support structure is to be constructed, it shall be designed so as to accommodate a minimum of two other users, including, but not limited to, other cellular communication companies, local police, fire and ambulance companies. Any proposals for the construction of a new commercial tower shall include certification from a professional radio frequency engineer that existing tower sites within the city are not technically feasible for the application proposed.

e.

Height requirement. The height of the antenna shall be the minimum necessary to function satisfactorily, as verified by an appropriate professional.

f.

Sightlines. Antennas or towers shall be located outside the sightlines of offices, buildings or residences, to the extent possible.

g.

Climbing discouraged. Antennas, dish antennas or towers shall be protected by a city-approved barrier to discourage climbing by unauthorized persons.

h.

Illumination. Antennas or towers shall not be artificially illuminated unless required by law or governmental agency to protect the public's health and safety.

i.

Color. All antennas and towers shall be of a city-approved color.

j.

Advertising. All antennas and towers may not contain any signage or logos, except as may be required by any state or federal regulation.

k.

Accessory uses. Freestanding towers are allowable only as an accessory use and are limited to one tower per parcel.

l.

Bond requirement. If, for any reason, the antenna or tower is abandoned or the height of the antenna or tower can be reduced, the antenna, tower, or portions thereof must be removed or reduced in height within three months. To ensure compliance, the applicant must submit a performance bond or letter of credit in an amount sufficient to cover the removal or reduction costs. After removal or reduction, the site shall be restored to its original or an improved state.

m.

Full disclosure of technical data. An application for a conditional use permit will not be considered complete until the applicant fully discloses all technical data requested by the city. Such data includes, but is not limited to, the locations, actual or planned, of other antenna towers in the applicant's system.

(e)

Restrictions on the use of wireless facilities. Small wireless facilities in compliance with chapter 30, article III shall be a permitted use in the right-of-way in all zoning districts, except residential zoning districts as follows. Small wireless facilities in compliance with chapter 30, article III shall be a conditional use in the public street right-of-way in or adjacent to any residential zoning district, provided that such facilities meet the following requirements:

(1)

Any new wireless support structure shall be no less than five feet from the street curb;

(2)

Any new wireless support structure shall be no more than five feet from the side lot line extended to the street;

(3)

To the extent possible, the antenna shall be shrouded or camouflaged;

(4)

Ground-mounted equipment shall be constructed from earth-toned fiberglass;

(5)

The small wireless facilities shall be served by underground power and communication lines. The wireless support structure shall not be served by any above ground power and communication lines; and

(6)

The small wireless facilities shall comply with all requirements in chapter 30, article III.

(f)

Private antennas and towers.

(1)

A permit shall be required for any antenna greater than ten feet in height attached to an existing structure, unless exempted from local zoning authority by state or federal regulations.

(2)

Standards.

a.

All antennas or other devices used for transmitting or receiving signals must comply with Federal Communication Commission procedures to resolve any complaints relating to interference allegedly caused by a private antenna/tower.

b.

Antennas, except antennas used for amateur or citizen band radio communication.

1.

The height is no greater than ten feet above the roof or more than 40 feet above mean ground level.

2.

A building permit is obtained prior to installation to verify compliance with applicable building, fire, and safety codes.

3.

The ground-level view of the device is screened from contiguous properties and adjacent streets.

c.

For amateur and citizen band radio facilities.

1.

Height. The maximum height for amateur or citizen band radio antennas and/or towers shall not exceed 75 feet. In addition, that portion of any antenna or tower over 55 feet must be retractable to a height no greater than 55 feet.

2.

Lowering device. All amateur radio facilities capable of a maximum extended height of more than 55 feet shall be equipped with a mechanical device capable of lowering the facility to the maximum permitted height when not in operation.

3.

Number permitted. One amateur radio facility is permitted per property.

4.

Color/screening. The color of the amateur radio facilities shall blend with the surrounding environment and must be screened with trees and landscaping to the extent possible.

5.

Deviation from standards. Deviation from the height and setback standards may be allowed by variance, subject to section 38-38, if the applicant can demonstrate that compliance with these standards would unreasonably limit or prevent reception or transmission of signals.

(Code 1999, § 20.045; Ord. No. 725, § IV(20.045), 3-6-2018; Ord. No. 789, § V, 6-3-2025)

(a)

Permit required. No persons, firm, or corporation, except on a farm and related to farming, shall hereafter construct, or cause to be constructed or erected, within the city, any fence without an appropriate permit.

(b)

Construction and maintenance, generally.

(1)

Every fence shall be constructed in a substantial, workmanlike manner and be of substantial material reasonably suited for the purpose for which the fence is proposed to be used.

(2)

Every fence shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or danger, or constitute a nuisance, public or private. Any such fence which is, or has become, dangerous to the public safety, health or welfare, is a public nuisance and the city building inspector shall commence proper proceedings for the abatement thereof.

(3)

Link fences, wherever permitted, shall be constructed in such a manner that no barbed ends shall be at the top except in industrial districts.

(4)

That side of the fence considered to be the face (the side opposite the post) shall face abutting property, except for farm fences.

(5)

No person shall construct or erect any electrical or barbed-wire fence, except to contain intensively used facilities for animal raising and then only if such electrical or barbed-wire fence shall be completely enclosed by a non-electrical or non-barbed-wire fence.

(6)

No fence shall be installed in a location which would prevent a fire hydrant from being immediately discernible or in any manner deter or hinder the fire department from gaining immediate access thereto.

(7)

In those instances where a fence exists as an enclosure that restricts access from the front to the rear yard, a gate, identifiable collapsible section, or other such means of recognizable ingress is required. Such means of ingress shall be unobstructed and a minimum of three feet in width. The location of such ingress points shall be positioned at any point paralleling the front lot lines, between the side lot property line and the principal structure.

(8)

All fences shall be constructed inside the boundary of the subject property.

(c)

Residential district fences. In all parts of the city zoned residential and not a farm, no boundary line fence shall be erected or maintained more than six feet in height except that:

(1)

No fence shall be erected in any front yard to a height in excess of four feet.

(2)

All fences shall be at least 25 percent open between the ground and the top, unless it is a privacy fence as referenced under subsection (c)(3) of this section.

(3)

Privacy fences or 100 percent opaque fences in R-1, R-2, and R-3 districts must conform to setbacks as required for accessory structures.

(4)

On corner lots in all districts no fence or planting in excess of 30 inches above the street centerline grade shall be permitted within a triangular area defined as follows: beginning at the intersection of the projected curblines of two intersecting streets, thence 40 feet along one property line, thence diagonally to a point 40 feet from the point of beginning on the other property line, thence to the point of beginning.

(5)

Should the rear lot line be common with the side lot line of an abutting lot, that portion of the rear lot line equal to the front setback of the house on the abutting lot shall not be fenced to a height of more than four feet. If the abutting lot is undeveloped, the height of the rear lot fence shall be reduced at the normal front setback line.

(6)

Chain-link fences used for the enclosure of tennis courts shall not exceed ten feet in height.

(d)

Nonresidential district fences. Fences in all nonresidential districts shall not exceed ten feet in height, except that:

(1)

Boundary line fences. Boundary line fences abutting residential districts shall conform to those conditions applying to the residential district.

(2)

Special purpose fences. Fences for special purposes and fences differing in construction, height, or length may be permitted in any nonresidential district in the city by issuance of a conditional use permit approved by the planning commission and city council. Findings shall be made that the fence is necessary to protect, buffer, or improve the premises for which the fence is intended.

(Code 1999, § 20.060)

The following shall be considered as permitted encroachments on setback and height requirements, except as hereinafter provided:

(1)

In any yards. Posts, flues, belt courses, leaders, sills, pilasters, lintels, cornices, gutters, awnings, open terraces, flag poles, ornamental features, utilities, mechanical equipment and other examples as allowed by the city council. Also steps, yard lights and nameplate signs in residence districts, trees, shrubs, plants, floodlights or other sources of light illuminating authorized illuminated signs, or light standards for illuminating parking areas, loading areas or yards for safety and security reasons, provided the direct source of light is not visible from the public right-of-way or adjacent residential property.

(2)

Height. Height limitations required elsewhere in this article shall not apply to church spires, belfries, cupolas and domes which do not contain usable space, monuments, water towers, farm silos, fire and hose towers, flag poles, electrical transmission towers, chimneys, smokestacks, parapet walls extending not more than three feet above the limiting height of the building, and cooling towers.

(3)

Front setbacks. Unless subject to other applicable regulations for the applicable zoning district, when adjoining structures existing at the time of adoption of the ordinance from which this chapter is derived have a different setback from that required, the front setback of a new structure shall conform to the prevailing setback in the immediate vicinity. The city council shall determine the necessary front yard setback in such cases. However, in no case shall a building be required to setback more than 60 feet.

(4)

Side and rear setbacks. Subject to regulations contained in city building and construction regulations and other applicable regulations, buildings may be excluded from side and rear setback requirements, provided party walls are used and if the adjacent buildings are constructed as an integral unit. Such uses must have been allowed by this article as permitted or conditional uses.

(Code 1999, § 20.070)

Notwithstanding any other provisions of this article, one developer may construct two separate single-family dwellings with a common wall and boundary lines, in which event the common boundary line shall have a zero lot line setback, provided:

(1)

Each lot shall meet all other setback and minimum size 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 shrubbery divider shall be installed or maintained on the common boundary line.

(Code 1999, § 20.072)

(a)

General provisions.

(1)

Floor area. The floor area, for the purpose of calculating the number of off-street parking spaces required, shall be determined on the basis of the exterior floor area dimensions of the building, structure or use times the number of floors, minus ten percent, except as may hereinafter be provided or modified.

(2)

Change of use or occupancy of buildings. Any change of use or occupancy of any building, including additions thereto, requiring more parking shall not be permitted until there is furnished such additional parking spaces as required by these zoning regulations.

(3)

Parking accessory to a residential use. Exterior parking facilities accessory to a residential use, including on public rights-of-way, shall be utilized solely for the parking of currently licensed and operable vehicles of nine passengers or less or trucks not exceeding one-ton capacity, with a limit of two vehicles per dwelling unit, plus one additional vehicle per licensed driver residing in the dwelling unit, except where the city enforcement official has issued a permit to the dwelling unit, allowing for additional vehicles to be parked. Such permits shall be issued by the city enforcement official when, in the officer's discretion, the individuals residing in the dwelling unit have a justifiable need for parking of additional vehicles. Currently-licensed and operable boats, trailers, campers, and camping buses are also allowed to park from May 1 to December 1 of each year and at other times for not more than 72 hours, and currently-licensed snowmobiles may be parked from December 1 to the following March 15.

(4)

Parking in rear or side yard. Currently-licensed boats, snowmobiles, campers, camping buses, and antique cars may be stored in rear or side yards if properly screened from view from a public street or neighboring property. The screening must be approved by the city enforcement official.

(b)

Stall, aisle, and driveway design.

(1)

Parking dimensions. The following shall be the minimum parking space dimensions:

(2)

Within structures. The off-street parking requirements may be furnished by providing spaces so designed within the principal building or structure attached thereto; however, unless provisions are made, no building permit shall be used to convert the parking structure into a dwelling unit or living area or other activity until other adequate provisions are made to comply with the required off-street parking provisions of this article.

(3)

Circulation between bays. Except in the case of single-, two-family, townhouse, triplex and quadraminium dwellings, parking areas shall be designed so that circulation between parking bays or aisles occurs within the designated parking lot and does not depend upon a public street or alley. Except in the case of single-family, two-family, townhouse, triplex and quadraminium dwellings, parking area design which requires backing into the public street is prohibited.

(4)

Preserving off-site parking. When required accessory off-street parking facilities are provided elsewhere than on the lot in which the same ownership or control, either by deed or long-term lease, as the property occupied by such principal use, the owner of the principal use shall file a recordable document with the city requiring the owner and their heirs and assigns to maintain the required number of off-street spaces during the existence of the principal use.

(5)

Driveways required. All off-street parking spaces shall have access from driveways and not directly from the public street. Parking areas or circulation drives shall be setback according to the standards in the applicable zoning district but at least five feet from any lot line.

(6)

Distance from intersection. No curb cut access shall be located less than 40 feet from the intersection of 2 or more street rights-of-way. This distance shall be measured from the intersection of lot lines.

(7)

Curb cut width. No curb cut access shall exceed 24 feet in width unless approved by the city engineer.

(8)

Distance between curb cuts. Driveway access curb opening on a public street except for single-family, two-family and townhouse dwellings shall not be located less than 40 feet from one another.

(9)

Number of curb cuts. Each property shall be allowed one curb cut access for each 100 feet of street frontage. All property shall be entitled to at least one curb cut. Single-family uses shall be limited to one curb cut access per property. These conditions shall apply unless otherwise granted approval by the city council.

(10)

Grade. The grade elevation of any parking area shall not exceed five percent.

(11)

Surfacing. All areas intended to be utilized for parking space and driveways shall be surfaced with bituminous or concrete. Except in the case of farm dwellings and operations, driveways and stalls shall be surfaced. Plans for surfacing and drainage of driveways and stalls for five or more vehicles shall be submitted to the city engineer for their review and the final drainage plan shall be subject to written approval by the city engineer.

(12)

Striping. Except for single-family, two-family, triplex, and quadraminiums, all parking stalls shall be marked with painted lines not less than four inches wide.

(13)

Lighting. Any lighting used to illuminate an off-street parking area shall be so arranged as to reflect the light away from adjoining property, abutting residential uses and public rights-of-way and be in compliance with this article.

(14)

Signs. No sign shall be so located as to restrict the sightlines and orderly operation and traffic movement within any parking lot. All signs shall conform to the city sign code.

(15)

Curbing and landscaping.

a.

Except for single-family, two-family, triplex, and quadraminimums, all open off-street parking shall have a perimeter concrete curb around the entire parking lot. Landscaping or surfacing material shall be provided in all areas bordering the parking area.

b.

Landscaping shall comply with the standards in section 38-601.

c.

Berming designed to comply with the standards in section 38-601 can also be used.

d.

Side yard landscaping requirements for parking areas may be reduced if the developer proposes to locate their parking area next to an existing or proposed parking lot on an adjacent parcel owned by others and the owners have a written agreement to allow joint parking and a common driveway. However, only the common boundary to be used for parking will qualify. In such case, the sum of the parking areas of the two owners will determine the landscaping requirements within the total parking area. Parking areas and driveways shall have concrete curb and gutter according to standards provided by the city engineer.

(c)

Maintenance. It shall be the joint and several responsibility of the lessee and owner of the principal use, uses or building to maintain, in a neat and adequate manner, the parking space, access ways, striping, landscaping, and required fences. Parking lots existing prior to the adoption of the ordinance from which this article is derived shall not be exempt from the requirement.

(d)

Use of required area. Required accessory off-street parking spaces in any district shall not be utilized for open storage, sale or rental of goods, or storage of inoperable vehicles without a conditional use permit.

(e)

Number of spaces required. The following minimum number of off-street parking spaces shall be provided and maintained by ownership, easement or lease for and during the life of the respective uses hereinafter set forth:

(1)

Single-family or two-family dwellings: two off-street spaces per unit.

(2)

Townhouse, four-family, and eight-family buildings: a minimum of two off-street spaces per dwelling unit for residents' use, plus a minimum of one-half off-street space per dwelling unit for visitors' use, in common, with the following consideration: if the housing is located on a public street, some credit may be given by the city council for visitors' parking due to available space on the adjacent street.

(3)

Apartment buildings: at least two off-street spaces per unit plus visitor parking as required by the city council.

(4)

Motels, motor hotels, and hotels: one space per each rental unit, plus one space for each ten units and one additional space for each employee on any shift, plus additional spaces as may be required herein for related uses contained within the principal structure.

(5)

Church, theater, auditorium: at least one parking space for each four seats based on the design capacity of the main assembly hall. Facilities as may be provided in conjunction with such buildings or uses shall be subject to additional requirements which are imposed by this article.

(6)

Senior housing:

a.

Independent living housing unit: one space per unit.

b.

Assisted living or memory care housing unit: 0.4 space per unit.

c.

At least 35 percent of the parking spaces must be provided in a surface lot so that they can be shared among visitors and staff.

(7)

Convenience food restaurant: at least two parking spaces for each table.

(8)

Bowling alley: at least five parking spaces for each alley, plus additional spaces as may be required herein for related uses contained within the principal structure.

(9)

Motor fuel station: at least four off-street parking spaces, plus two off-street parking spaces for each service stall. Those facilities designed for sale of items other than strictly automotive products, parts or service shall be required to provide additional parking in compliance with other applicable articles of this chapter.

(10)

Retail store and service establishment: at least one off-street parking space for each 200 square feet of floor area.

(11)

Manufacturing, fabricating or processing of a product or material: one space for each 350 square feet of floor area, plus one space for each company-owned truck (if not stored inside principal building), plus visitors' parking.

(12)

Warehousing, storage or handling of bulk goods: one space for each employee on maximum shift and one space for each company-owned truck (if not stored inside principal building), plus visitors' parking.

(13)

Research or testing facilities: one space per employee on the major shift, plus one space for each company-owned truck, plus visitors' parking.

(14)

Car wash (in addition to required stacking space):

a.

Automatic drive through, serviced: a maximum of ten spaces, or one space for each employee on the maximum shift, whichever is greater.

b.

Self-service: a minimum of two spaces per stall.

c.

Motor fuel station car wash: none in addition to that required for the station.

(15)

Private racquetball, handball, and tennis courts: not less than three spaces per each court.

(16)

Offices (in addition to visitors' parking):

(17)

Medical and dental offices: six spaces for each doctor or dentist, plus one per employee.

(18)

Restaurants, taverns: one space for each three seats, plus one for each two employees.

(19)

Nursing home: at least one space for each three beds, plus spaces for outpatient physical therapy (if any).

(f)

Joint use of parking facilities.

(1)

Up to 80 percent of the parking facilities required by this article for a church or for an auditorium incidental to a public or parochial school may be supplied by the off-street parking facilities by the following daytime uses: banks, business offices, retail stores, personal service shops, household equipment or furniture shops, clothing or shoe repair or service shops, manufacturing, wholesale and similar uses.

(2)

The following conditions are required for joint use:

a.

The building or use for which application is being made to utilize the off-street parking facilities provided by another building or use shall be located within 300 feet of such parking facilities.

b.

The applicant shall show that there is no substantial conflict in the operating hours of the two buildings or uses for which joint use of off-street parking facilities is proposed.

c.

A properly drawn legal instrument, executed by the parties concerned for joint use of off-street parking facilities, duly approved as to form and manner of execution by the city attorney, shall be filed with the city clerk and recorded with the register of deeds of Ramsey County.

(g)

Off-site parking.

(1)

Any off-site parking which is used to meet the requirements of this article shall be a conditional use as regulated by this article and shall be subject to the conditions listed below.

(2)

Off-site parking shall be developed and maintained in compliance with all requirements and standards of this article.

(3)

Reasonable access from off-site parking facilities to the use being served shall be provided.

(4)

The site used for meeting the off-site parking requirements of this article is under the same ownership as the principal use being served or under public ownership.

(5)

Off-site parking for multiple-family dwellings shall not be located more than 100 feet from any normally used entrance of the principal use served.

(6)

Off-site parking for nonresidential uses shall not be located more than 300 feet from the main entrance of the principal use being served. No more than one main entrance shall be recognized for each principal building.

(7)

Any use which depends upon off-site parking to meet the requirements of this article shall maintain ownership and parking utilization of the off-site location until such time as on-site parking is provided or a site in closer proximity to the principal use is acquired and developed for parking.

(Code 1999, § 20.080)

(a)

Location.

(1)

All required loading berths shall be off-street and located on the same lot as the building or use to be served.

(2)

Except for loading berths required for apartments, no loading berth shall be located closer than 50 feet from a residential district unless within a structure.

(3)

Loading berths shall not occupy the front yard setbacks.

(4)

Loading berths located at the front or at the side of buildings on a corner lot shall observe the following requirements:

a.

Loading berths shall not conflict with pedestrian movement.

b.

Loading berths shall not obstruct the view of the public right-of-way from off-street parking access.

c.

Loading berths shall comply with all other requirements of this article.

(5)

Each loading berth shall be located with appropriate means of vehicular access to a street or public alley in a manner which will cause the least interference with traffic.

(b)

Screening. Except in the case of multiple dwellings, all loading areas shall be screened from abutting and surrounding residential uses in compliance with the standards in section 38-601.

(Code 1999, § 20.090)

All farms in existence upon the effective date of the ordinance from which this article is derived shall be a permitted use where the operator can conduct a farming operation. However, all regulations contained herein and other city regulations in effect shall apply to all changes of the farming operation which will cause all or part of the area to become more intensively used or more urban in character. Setback and other regulations shall apply to farming operations just as they do to urban developments. The city council may require any farm operation to secure a conditional use permit to continue the operations in the event the farming operations are so intensive as to constitute an industrial-type use consisting of the compounding, processing, and packaging of products for wholesale or retail trade and, further, that such operations may tend to become a permanent industrial-type operation that cannot be terminated as can a normal farming operation.

(Code 1999, § 20.100)

Land reclamation, mining, soil processing, filling, and excavation shall only be performed by permit in accordance with chapter 28, article III and chapter 30, article IV.

(Code 1999, § 20.110)

Any lighting used to illuminate an off-street parking area, sign or other structure, shall be arranged as to deflect light away from any adjoining residential zone or from the public streets. Direct or sky-reflected glare, where from floodlights or from high-temperature processes, such as combustion or welding, shall not be directed into any adjoining property. The source of lights shall be hooded or controlled in some manner so as not to light adjacent property. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right-of-way.

(Code 1999, § 20.120)

The emission of smoke by any use shall be in compliance with and regulated by the state Pollution Control Standards, Minnesota Pollution Control Agency Regulation APC 1-15, as amended.

(Code 1999, § 20.130)

The emission of dust, fly ash or other particulated matter by any use shall be in compliance with and regulated by the state Pollution Control Standards, Minnesota Pollution Control Agency Regulation MPCA 1-15, as amended.

(Code 1999, § 20.140)

The emission of odor by any use shall be in compliance with and regulated by the state Pollution Control Standards, Minnesota Regulation MPCA 1-15, as amended.

(Code 1999, § 20.150)

Noises emanating from any use shall be in compliance with existing noise regulations and also standards as promulgated by the state pollution control agency.

(Code 1999, § 20.152)

All uses associated with the bulk storage of all gasoline, oil, liquid fertilizer, chemical, flammable and similar liquids shall comply with requirements of the state fire marshal and state department of agriculture offices and have documents from those offices stating the use is in compliance.

(Code 1999, § 20.160)

All activities that emit radioactivity shall comply with the minimum requirements of the state pollution control agency.

(Code 1999, § 20.170)

All activities which create electrical emissions shall comply with the minimum requirements of the Federal Communications Commission.

(Code 1999, § 20.180)

Any building proposed to exceed the maximum height restrictions contained in the underlying zoning district may be allowed by a conditional use permit subject to section 38-43 and the following considerations:

(1)

Compatibility with the height of the surrounding structures;

(2)

The presence of trees or vegetation to soften the height;

(3)

Interruption of view sheds; and

(4)

The ability of fire and emergency personnel and equipment to access the site and structure.

(Code 1999, § 20.190; Ord. No. 729, § XVII, 9-18-2018)

The uses shall be allowed based on the applicable zoning district, in compliance with the following conditions:

(1)

The establishment shall contain a taproom or cocktail room, in compliance with the following conditions:

a.

A minimum of 25 percent of the floor area is provided for sales, tasting, or restaurant purposes.

b.

The use shall be open to the public at least two days or eight hours per week.

c.

The hours of operation shall be limited to the hours specified in M.S.A. § 340A.504 and/or 340A.315 or those contained in the applicable zoning district, whichever is more restrictive, or as further limited by the city council as part of the conditional use permit.

d.

The product sold for consumption shall be produced on the licensed premises.

(2)

The use shall obtain all applicable state and city licenses.

(3)

The use shall be compliant with all applicable regulations, performances standards, and procedures contained within this article.

(4)

The city council may set forth additional conditions to mitigate any undue negative impacts to the public and surrounding properties.

(Code 1999, § 20.220; Ord. No. 746, § III, 12-1-2020; Ord. No. 753, § III, 7-20-2021)

This use shall be allowed based on the applicable zoning district, in compliance with the following conditions:

(1)

The sale of any products other than medical marijuana within the facility and the sale of non-medical marijuana is prohibited.

(2)

All distribution facilities shall be at least 1,000 feet from any existing K—12 schools and existing commercial daycare facilities as measured between buildings.

(3)

Only one distribution facility per 10,000, or fraction thereof, of city residents shall be allowed.

(4)

The following security measures shall be required:

a.

During all hours of operation, there shall be at least one licensed, uniformed security guard present and visible on all premises.

b.

The facility shall operate and maintain in good working order a closed-circuit television (CCCT) surveillance system on its premises that operates 24 hours per day, seven days per week, and visually records all areas that might contain plant material or medical marijuana, including all safes and vaults and all points of entry and exit, including sales and clinic areas.

c.

The facility shall install and maintain a professionally-monitored security alarm system that provides intrusion and fire detection of all entrances and exits. The alarm system must remain operational during a power outage.

d.

The facility shall be equipped with an electronically-controlled access that limits access to the building to authorized individuals, tracks personnel entry and exit times, locks down the distribution facility in the event of a security threat, stores data for retrieval, remains operational during a power outage and is capable of remote administration.

(5)

In addition to the submittal requirements stated in the conditional use permit application section, operating documents that describe operational and management practices shall be submitted, including:

a.

Security measures to deter and prevent theft of medical marijuana.

b.

Disposal methods for all waste material.

c.

Response plans for measures to be taken in the event of a security breach at a distribution facility, or while medical marijuana is en route to a distribution facility.

d.

Proposed product delivery plan.

e.

Other information deemed necessary and requested by the city.

These uses shall be allowed based on the applicable zoning district(s), in compliance with the following conditions:

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Cannabis business means a business involved with cannabis.

Cannabis business retail endorsement means a cannabis business that may sell cannabis products directly to the public as regulated by state statute.

Cannabis business retail limit means that cannabis businesses with a retail endorsement, including cannabis retailers, cannabis mezzobusinesses, and cannabis microbusinesses, shall be limited to one business per 12,500 residents.

Cannabis cultivator, cannabis delivery service, cannabis event organizer, cannabis manufacturer, cannabis mezzobusiness, cannabis microbusiness, cannabis retailer, cannabis testing facility, cannabis transporter, cannabis wholesaler means cannabis businesses as defined in state statute.

Lower-potency hemp edible manufacturer and lower-potency hemp edible retailer means a cannabis business as defined in state statute.

Medical cannabis combination business, medical cannabis cultivator, medical cannabis processor, and medical cannabis retailer means a cannabis business as defined in state statute.

(b)

Limitations. Cannabis retailers, cannabis mezzobusinesses with a retail operations endorsement and cannabis microbusinesses with a retail operations endorsement shall be limited to one for every 12,500 residents.

(c)

License and registration. No person shall sell or offer to sell any cannabis product within the city without first having obtained a license from the state and retail registration by the city, in compliance with section 38-625.

(d)

Signage.

(1)

Outdoor advertisements such as billboards, benches, etc. shall not be used to display or promote a cannabis business, hemp business, cannabis flower, cannabis product, hemp edibles, or a hemp derived consumer product.

(2)

Exterior wall and freestanding signage shall not depict a cannabis flower, cannabis product, hemp edibles, or a hemp derived consumer product. Additionally, a business logo containing the above descriptions shall not be displayed as part of exterior signage.

(3)

No more than two signs, either wall or freestanding, are allowed for a cannabis business.

(Ord. No. 775, § IV, 8-7-2024)

These uses shall be allowed based on the applicable zoning district(s), in compliance with the following conditions:

(a)

Setback and building height standards.

(1)

Attached accessory dwelling units shall comply with setbacks in the applicable zoning district and building height as in (2) below.

(2)

Detached accessory dwelling units shall comply with setback and building height as follows:

(b)

Minimum requirements. Accessory dwelling units shall comply with the following:

(1)

Accessory dwelling units shall only be permitted on lots where the principal use is a single dwelling unit building.

(2)

No more than one accessory dwelling unit shall be permitted per lot.

(3)

Accessory dwelling units may be attached to or detached from the single dwelling unit.

(4)

The owner of the property shall reside in the principal dwelling unit or the accessory dwelling unit as a permanent residence, not less than 185 days per calendar year.

(5)

Rental of either the principal or accessory dwelling unit, not both, shall be in compliance with chapter 8, article, division 5.

(6)

Accessory dwelling units shall not be sold independently of the principal dwelling unit and may not be a separate tax parcel or be subdivided.

(7)

Accessory dwelling units shall not be served by an additional curb cut and off-street parking shall be in compliance with section 38-610.

(8)

Accessory dwelling units shall not exceed 1,200 square feet in total size or 35 percent of the floor area of the principal dwelling unit, whichever is less, and shall not be less than 300 square feet in total size.

(9)

Accessory dwelling units shall comply with all current Minnesota Residential Code provisions.

(10)

Accessory dwelling units shall be connected to municipal sewer and water services from service lines shared with the principal dwelling, unless otherwise approved by the public works director.

(11)

Accessory dwelling units shall be architecturally compatible or made with similar materials as the principal dwelling unit.

(12)

Accessory dwelling units shall not contain more than two bedrooms.

(13)

Accessory dwelling units shall be limited to a maximum occupancy of four people.

(c)

Attached accessory dwelling unit standards. Attached accessory dwelling units shall comply with the following:

(1)

Must be fully separated from the principal dwelling unit by means of a wall or floor and have a separate entrance other than the principal dwelling unit. The separating wall may have a door connecting the accessory dwelling unit to the principal dwelling unit.

(2)

Must not have additional entrances or exterior stairs facing a public street.

(d)

Detached accessory dwelling unit standards. Detached accessory dwelling units shall comply with the following:

(1)

Must be located behind the rear building line of the principal dwelling unit.

(2)

Must not contain rooftop decks.

(3)

Must be constructed on a permanent foundation with no wheels.

(Ord. No. 774, § IV, 7-16-2024)