Waseca City Zoning Code
GENERAL DEVELOPMENT
REQUIREMENTS
§ 154.148 PURPOSE.
This subchapter is established to provide regulations of general applicability for property throughout the city, to promote the orderly development and use of land, to protect and conserve the natural environment, to minimize conflicts among land uses, and to protect the public health, safety, and welfare.
(Ord. 1040, passed 1-5-16)
§ 154.149 APPLICABILITY.
The regulations set forth in this subchapter apply to all structures and all land uses, except as otherwise provided in this chapter.
(Ord. 1040, passed 1-5-16)
§ 154.150 ACCESSORY BUILDINGS AND STRUCTURES, GENERALLY.
These regulations supplement the requirements found elsewhere in this code.
(A) All districts.
(1) No accessory building or structure shall be constructed prior to or in lieu of the principal building.
(2) No accessory building or structure shall exceed the height of the principal building.
(3) All accessory structures shall be incidental to and customarily associated with the principal use or structure.
(4) The accessory structure shall be subordinate in “footprint,” area, extent, and purpose to the principal use or structure served.
(5) In all residential districts, the design and construction of any garage or carport shall be similar to or compatible with the design and construction of the principal building. The exterior building materials, roof style and colors shall be similar to or compatible with the principal building.
(6) The accessory use or structure shall be related to the use of the principal structure. In no case shall an accessory structure be used as an independent residence, either permanently or temporarily, except as provided in the following section.
(7) The accessory structure shall be located on the same land parcel as the principal use or structure except for accessory off-street parking and loading, subject to the provisions of § 154.161, Parking Requirements, Off-Street.
(8) No permanent structure (one having a frost-free footing) shall be located in an easement unless the easement is amended or otherwise allows such structures. A non-permanent structure may be located in an easement but may have to be moved if the easement-holder demands.
(9)
“Little Free Libraries” not exceeding 2.5 square feet of base floor area and 48 inches in height are not considered accessory structures and shall be allowed in the front yard. They shall comply with the requirements of § 154.154, Corner Sight Triangles.
(B) Residential districts.
(1) Accessory structures exceeding 200 square feet require a building permit and zoning review together with a site plan.
(a) The exterior materials and color of each accessory building exceeding 200 square feet shall be consistent with the principal building.
(b) Detached garages shall not cover more than 10% of the lot area.
(c) No accessory building shall have an access door more than 12 feet tall.
(d) All accessory structures 200 square feet or less require a zoning review with the provision of a site plan.
(2) All accessory structures are subject to the setback requirements established for that zoning district.
(3) The maximum number of accessory structures on a parcel shall be three. This includes dwellings, garages, storage buildings, gazebos and greenhouses but does not include decks, wind or solar energy equipment, children’s play equipment, dog houses, chicken coops, swimming pools, hot tubs or pergolas or similar.
(4) No accessory building may exceed the height of the principal building.
(5) Increase in wall height. The maximum side wall height for a detached garage in a residential district may be increased up to 20 feet, provided that the maximum building height provision is not exceeded, and that an additional setback of two feet is provided from side and rear lot lines for each additional foot of side wall height over nine feet. Side wall height is measured from the top of the concrete slab to the top of the top plate.
(Ord. 1040, passed 1-5-16; Am. Ord. 1078, passed 7-21-20; Am. Ord. 1083, passed 11-17-20; Am. Ord. 1098, passed 9-21-21)
§ 154.151 ACCESSORY DWELLING UNITS, DETACHED.
Detached accessory dwelling units shall be permitted as a Conditional Use in the R-2 and R-3 zoning districts, subject to the following requirements:
(A) The design and construction of any detached accessory dwelling unit shall be similar to or compatible with the design and construction of the principal building. The exterior building materials, roof style and colors shall be similar to or compatible with the principal building.
(B) Any detached accessory dwelling unit shall be attached to a permanent foundation that complies with the Minnesota State Building Code and is solid for the circumference of the building.
(C) The detached accessory dwelling unit shall have a minimum of 300 square feet of habitable floor area and a maximum of 700 square feet of habitable floor area.
(D) The detached accessory dwelling unit shall be required to have its own separate kitchen and bathroom facilities.
(E) The maximum ground coverage (footprint) of a building that combines a garage and an accessory dwelling unit shall not exceed the ground coverage (footprint) allowed for a detached garage in this code.
(F) If there is an accessory dwelling unit above a garage, the maximum height of the building may be 23 feet or the height of the principal building, whichever is less. Refer to § 154.201, Rules of Measurement, Building Height, for how height is measured.
(G) One of the dwelling units on the lot shall be owner-occupied.
(H) At no time shall the accessory dwelling unit be under separate ownership from the principal structure.
(I) The detached accessory dwelling unit shall have the same street address as the principal dwelling unit. “Unit 1" shall be used as the designation for the principal dwelling unit and “Unit 2" for the accessory unit.
(J) One off-street parking space shall be provided as required for each accessory dwelling unit.
(K) All accessory dwelling units shall be served by public sanitary sewer and water. Municipal water and sewer lines to the accessory unit may be run from the principal building or may be connected and metered separately.
(L) The detached accessory dwelling unit shall be registered with the city’s Rental Registration Program. As required by the Program, the registration shall be renewed and the detached accessory dwelling unit inspected periodically. At the time of renewal, the property owner shall verify in writing to the Zoning Administrator that one dwelling unit on the property is owner-occupied.
(Ord. 1040, passed 1-5-16)
§ 154.152 BUILDING MATERIALS, EXTERIOR.
(A) General. The construction and building standards in this section pertain only to the B-1, B-2, B-3 and B-4 districts and properties in the I-1 and I-2 districts that abut State Highway 13 (State Street), County Highway 14 (Elm Avenue), US Highway 14 and any frontage road adjacent thereto. The provisions of this section shall not apply to any single-family or multi-family homes constructed in any commercial or industrial zones by conditional use or expanded by conditional use.
(1) Metal buildings. No galvanized or unfinished steel, galvalume or unfinished aluminum buildings (walls or roofs), except those specifically intended to have a corrosive designed finish such as Cor-Ten steel, shall be permitted in any zoning district except in association with farming operations or as allowed by this section.
(2) Finishes. Primary exterior building finishes shall consist of materials comparable in grade and quality to the following:
(a) Brick;
(b) Natural or cultured stone;
(c) Decorative concrete block;
(d) Pre-cast concrete panels with a decorative finish;
(e) Wood, provided the surfaces are finished for exterior use and wood of proven exterior durability is used, such as cedar, redwood or cypress;
(f) Curtain wall panels (non-structural, non-load bearing), provided the panels are factory fabricated and finished with a durable non-fade surface and their fasteners are of corrosion resistant design;
(g) Glass curtain wall panels;
(h) Stucco;
(i) Fiber cement lap siding (e.g., Hardie-Plank®);
(j) Steel lap siding;
(k) Vinyl lap siding; and
(l) Other materials as determined by the Building Official but not including galvanized or unfinished metal.
(B) Regulations. For all uses within the B-1, B-2, B-3 and B-4, as well as the I-1 and 1-2 Zoning Districts, any exposed metal finish on all buildings shall be subject to the following minimum requirements.
(1) At least 50% of the side of a building facing Elm Avenue or State Highway 13 (State Street) shall be constructed with a material other than exposed metal.
(2) For structures on a corner, at least 25% of the structure facing a secondary street shall be constructed with a material other than exposed metal or appropriate vegetative screening such as a combination of trees and shrubs shall be provided.
(3) For structures that have frontage on three streets, the side of the structure facing the third street may be constructed entirely of exposed metal.
(4) Any metal finish used in the building shall be a minimum of 26 gauge steel. The roof slope shall be limited to a minimum of one in 12 slope. The mixture of materials must be coordinated into the architectural design.
(Ord. 1040, passed 1-5-16)
§ 154.153 BULK STORAGE OF SALT, LIQUID OR GRAIN.
(A) Above ground or below ground storage tanks, bins, elevators and the like shall be regulated and comply with all applicable city, state and federal regulations, including the applicable building codes, State Fire Code and regulations of the Minnesota Pollution Control Agency. All necessary federal, state and local permits and approvals shall be obtained and maintained.
(B) The City Council may require above ground liquid in free-state storage tanks having a capacity of 300 gallons or more to be diked and suitably sealed to hold a leakage capacity equal to 115% of tank capacity, and also have State Fire Marshal approval.
(C) Any existing storage tank either above ground or below ground that in the opinion of the Council constitutes a hazard to public safety shall be discontinued.
(D) No sale or bulk storage of fuel or other flammable liquid except those directly related to an automobile service station or a truck stop shall be located within 600 feet of a property zoned or used for housing.
(E) Salt storage at commercial, institutional, and non-NPDES permitted industrial facilities shall be regulated in accordance with the city’s current MS4 Permit. Designated salt storage sites must be covered or indoors, located on an impervious surface, and implement practices such as sweeping, diversions, or containment to reduce exposure when transferring material.
(Ord. 1040, passed 1-5-16; Am. Ord. 1104, passed 10-18-23)
§ 154.154 CORNER SIGHT TRIANGLES.
(A) Corner visibility.
(1) On corner lots (including rural areas), nothing shall be placed or allowed to grow in such a manner as materially to impede vision between a height of 2.5 to ten feet above the centerline grades of the intersecting streets within the shaded area of the clear sight triangle shown below.
(2) The point of the corner sight triangle shall be measured 25 feet back from the imaginary line of the extended curb as shown below. If there are no curbs, the measurement will be from the point of intersection of the pavement.
(B) Corners less than 90 degrees. For lots with an interior angle of less than 90 degrees at a street or railway corner, the protected corner area is defined by a triangle created by the two corner lot lines and drawing an imaginary line between the corner lot lines 25 feet from the corner on each property lot line plus one foot for every ten degrees or fraction thereof less than 90 degrees.
(C) Exceptions. Corner visibility standards do not apply to public utility poles, street name markers, official traffic signs and control devices, and fire hydrants.
(Ord. 1040, passed 1-5-16)
§ 154.155 DRIVEWAYS AND PRIVATE INTERNAL ACCESS ROADS.
(A) Number, separation and width.
(1) The number, location and width of private access drives or roads onto public roads may be controlled and limited by the City Council in the interests of public safety and efficient traffic flow.
(2) The minimum separation between private driveways along a public street shall be:
(a) Local or collector street: two times the required side yard setback for a driveway;
(b) Arterial street: 50 feet;
(c) U-shaped driveways, any street: 50 feet between the inside edges of the driveway surface.
(3) The minimum distance between the point that any private driveway meets a public street and the nearest intersection of two public street curb lines shall be 60 feet.
(4) Residential driveways shall be a maximum of 28 feet in width at the property line with three foot wide flares (four foot minimum and eight foot maximum length) and maximum slope of 12% as depicted in Figure 15-1 below. Refer also to § 154.162 Parking in Residential Areas, Supplementary. Commercial, industrial, or institutional driveways shall be a maximum of 28 feet in width at the property line if two lanes, a maximum of 36 feet in width at the property line if three lanes and shall have a maximum slope of 10%. The City Engineer may, at their discretion, allow adjustments to commercial, industrial, and institutional driveway widths, flares, or radii to accommodate large trucks.
Figure 15-1: Residential Driveway Detail
(B) Building access by fire emergency vehicles.
(1) Driveways shall be installed and sites shall be designed to meet the requirements of § 503 of the Minnesota Fire Code. Generally, this means that a fire truck must be able to park within working distance of a water source and still be within 150 feet of any portion of the exterior wall of a building as measured by the length of the attack hose. The all-weather paved access drive shall be at least 20 feet wide and capable of supporting the weight of the city fire truck.
(2) Buildings four to eight stories tall have additional access road requirements under § 503 of the Minnesota Fire Code.
(3) For buildings with an automatic sprinkler system, fire apparatus access roads need only be provided to an approved location, to the sprinkler system fire department connection and to any secondary on-site water supplies, per the Minnesota Fire Code.
(C) Driveways onto county roads. Access drives onto county roads shall require a review by the County Engineer, who may determine the appropriate location, size and design of the access drives and may limit the number of access drives in the interest of public safety and efficient traffic flow.
(D) Public road access required to each parcel. All lots or parcels shall have direct adequate physical access for emergency vehicles along the frontage of the lot or parcel from either an existing dedicated public roadway, or a private roadway or access drive approved by the City Council.
(E) Number of housing units allowed on a private internal access road. The maximum number of dwelling units allowed to be accessed by a single private internal circulation road or driveway is 16. Private streets are allowed only for multiple-family housing developments.
(F) Minimum length of driveways. Any driveway terminating at a garage shall provide at least 20 feet of parking space between the garage door and a property boundary line, a sidewalk or a private access road.
(Ord. 1040, passed 1-5-16; Am. Ord. 1109, passed 8-15-23; Am. Ord. 1122, passed 4-15-25)
§ 154.156 EROSION CONTROL AND STORMWATER MANAGEMENT.
(A) Purpose.
(1) During the construction process, soil is highly vulnerable to erosion by wind and water. Eroded soil endangers water resources by reducing water quality and causing the siltation of aquatic habitat for fish and other desirable species. Eroded soil also requires the maintenance of sewers and ditches and the dredging of lakes and ponds.
(2) Consequently, the following regulations have been adopted to safeguard water quality, reduce flooding, reduce soil erosion, protect aquatic habitat, and protect the general safety and welfare of the community.
(B) General requirements.
(1) City Engineer approval required before disturbance. No land shall be disturbed until the site plan, stormwater pollution prevention plan, and stormwater management plan are approved by the City Engineer and conforms to the standards set forth herein.
(2) Stormwater pollution prevention plan.
(a) All parties responsible for construction site activities encompassing one acre of land or more, including those less than one acre that are part of a larger common plan of development or sale, must adhere to the soil erosion and sedimentation control standards and specifications of this chapter, the city’s current MS4 Permit, and the city’s engineering design standards for stormwater management.
(b) Erosion and sediment control plans shall also be consistent with the NPDES construction general permit, as amended, and the filing or approval requirements of the Waseca Soil and Water Conservation District.
(3) Stormwater management plan.
(a) All parties responsible for a project that creates and reconstructs a combined total of one acre or more of impervious surfaces must adhere to the stormwater management standards and specifications of this chapter, the city’s current MS4 Permit, and the city’s engineering design standards.
(b) Stormwater management plans shall also be consistent with the NPDES construction general permit, as amended, and the filing or approval requirements of relevant watershed districts, watershed management organizations, soil and water conservation districts or other regulatory bodies.
(c) Unless otherwise exempted by this chapter, the stormwater management plan must indicate whether stormwater will be managed on site or off site and, if on site, the general location and type of practices.
(C) Master documents.
(1) The design of all post-construction stormwater BMPs shall meet the requirements outlined in the city’s current MS4 Permit, the city’s engineering design standards for stormwater management, and the site’s corresponding NPDES construction general permit.
(2) The following documents are incorporated into this section by reference:
(a) The Small Municipal Separate Storm Sewer Systems General Permit (MS4 Permit) issued to the city by the Minnesota Pollution Control Agency. The current and active version of this general permit, as amended, is incorporated into this chapter by reference.
(b) The city’s engineering design standards for stormwater management. The standards shall serve as the official guide for stormwater principles, methods, and practices for proposed development activities. The city’s current engineering design standards for stormwater management, as amended, are hereby incorporated into this chapter by reference.
(D) Maintenance plan and agreement. Every stormwater management plan must also include a maintenance plan and maintenance agreement that documents all responsibilities for operation and maintenance of all private stormwater treatment practices. The responsible party shall enter into a maintenance agreement with the city that documents all responsibilities for operation and maintenance of all private stormwater treatment practices. Such responsibility shall be documented in a maintenance plan and executed through a maintenance agreement. The maintenance agreement shall be executed and recorded against the parcel. The maintenance agreement and maintenance plan shall be submitted to the city along with the stormwater management plan. The stormwater maintenance agreement shall be in a form approved by the city shall describe the inspection and maintenance obligations of this section and shall, at a minimum:
(1) Designate the responsible party, which shall be permanently responsible for maintenance of the structural or nonstructural measures;
(2) Pass responsibility for such maintenance to successors in title;
(3) Grant the city and its representatives the right of entry for the purposes of inspecting all stormwater treatment practices;
(4) Allow the city the right to repair and maintain the facility, if necessary maintenance is not performed after proper and reasonable notice to the responsible party;
(5) Include a maintenance plan that contains, but is not limited to the following:
(a) Identification of all structural stormwater treatment practices.
(b) A schedule for regular inspection, monitoring, and maintenance for each practice. Monitoring shall verify whether the practice is functioning as designed and may include, but is not limited to quality, temperature, and quantity of runoff.
(c) Identification of the Responsible Party for conducting the inspection, monitoring, and maintenance for each practice.
(6) Identify a schedule and format for reporting compliance with the maintenance plan to the city.
(E) Inspection of stormwater facility.
(1) Inspection programs shall be established on any reasonable basis, including but not limited to:
(a) Routine inspections;
(b) Random inspections;
(c) Inspections based upon complaints or other notice of possible violations;
(d) Inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants;
(e) Inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the NPDES permit; and
(f) Joint inspections with other agencies inspecting under environmental or safety laws.
(2) Inspections may include but are not limited to:
(a) Reviewing maintenance and repair records;
(b) Sampling discharges;
(c) Surface water;
(d) Groundwater;
(e) Material or water in drainage control facilities; and
(f) Evaluating the condition of drainage control facilities and other stormwater treatment practices.
(3) When any new stormwater treatment practice is installed on private property, or when any new connection is made between private property and a public drainage control system, sanitary sewer, or combined sewer, the property owner shall grant to the city the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. This includes the right to enter a property when the city has a reasonable basis to believe that a violation of this chapter is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation of this chapter.
(4) The City Engineer or designated representative shall have the right to inspect all stormwater management facilities during construction and at any time thereafter. It shall be the responsibility of the developer or property owner to obtain any necessary easements or other property interests to allow access to the stormwater management facilities for inspection and maintenance purposes.
(F) Records of installation, inspections, and maintenance activities. The responsible party shall make records of the installation, inspections, and all maintenance and repairs of the stormwater management and treatment practices, and shall retain the records for at least three years. These records shall be made available to the city annually during inspection of the stormwater practices and at other reasonable times upon request.
(G) Failure to provide inspection records or maintain practices. If a responsible party fails or refuses to provide inspection records or meet the requirements of the maintenance agreement, the city, after reasonable notice, may conduct an inspection or correct a violation of the design standards or maintenance needs by performing all necessary work to place the stormwater practices in proper working condition. In the event that the stormwater practice becomes a danger to public safety or public health, the city shall notify the responsible party in writing. Upon receipt of that notice, the responsible party shall have 30 days to perform maintenance and repair of the facility in an approved manner. After proper notice, the city may specially assess the owner(s) of stormwater practices for the costs of conducting an inspection, maintenance, and repair work, and any applicable penalties, and those costs shall be assessed against the property and collected along with ordinary taxes by the county.
(H) Enforcement. The City Engineer is authorized to cause the provisions of this chapter to be properly enforced through the proper legal channels.
(1) Notice of violation. When the city determines that an activity is not being carried out in accordance with the requirements of this chapter, it shall issue a written notice of violation to the owner of the property. The notice of violation shall contain:
(a) The name and address of the owner(s);
(b) The address when available or a description of the land upon which the violation is occurring;
(c) A statement specifying the nature of the violation;
(d) A description of the remedial measures necessary to bring the development activity into compliance with this chapter and a time schedule for the completion of such remedial action;
(e) A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed; and
(f) A statement that the determination of violation may be appealed to the City Manager for a final determination by filing a written notice of appeal within 15 days of receiving the notice of violation.
(2) Stop work order. Persons receiving a stop work order will be required to halt all construction activities. This stop work order will be in effect until the city confirms that the land disturbance activity is in compliance and the violation has been satisfactorily addressed. Failure to address a notice of violation in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this chapter.
(3) Civil or criminal penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this chapter shall be guilty of a misdemeanor and subject to prosecution. Such person shall be guilty of a separate offense for each day during which the violation occurs or continues.
(4) Restoration of lands. Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the city may take necessary corrective action, the cost of which may, after notice and opportunity for hearing, be specially assessed against the property and collected along with the ordinary taxes by the county.
(Ord. 1040, passed 1-5-16; Am. Ord. 1098, passed 9-21-21; Am. Ord. 1104, passed 10-18-22)
§ 154.157 EXPLOSIVE AND FLAMMABLE MATERIALS; HAZARDOUS MATERIALS.
(A) In general. No use or structure involving the manufacture, storage, or use of explosive or flammable materials shall be operated or occupied as to constitute a hazardous condition, or as to unreasonably interfere with the use and enjoyment of property by any person of normal sensitivities, or otherwise as to create a public nuisance.
(B) Specific standards. All uses involving the manufacture, storage, or use of explosive or flammable materials shall comply with all pertinent regulations, including but not limited to the Minnesota Building Code and Minnesota Uniform Fire Code, and shall meet the requirements identified as follows:
(1) Safety devices. All uses involving the manufacture, storage, or use of explosive or flammable materials shall employ best management practices and the provision of adequate safety devices to guard against the hazards of fire and explosion and adequate fire-fighting and fire-suppression devices standard in the industry.
(2) Explosive or blasting agents. The manufacture, storage, or use of any explosive or blasting agent, as defined by the Uniform Fire Code, shall be prohibited in any non- industrial zoning district.
(3) Flammable liquids and gases. The storage of any flammable liquid or gas shall be subject to the requirements established under the Uniform Fire Code and review by the State Fire Marshal.
(a) Distance from residential zoning districts. Storage of flammable liquids or gases in excess of 120 gallons but not more than 500 gallons shall be located no closer than 50 feet from the nearest residential zoning district boundary, and if outside and above-ground, shall be located no closer than 100 feet from the nearest residential zoning district boundary. Storage of flammable liquids or gases in excess of five hundred 500 gallons but not more than 2,750 gallons shall be located no closer than 150 feet from the nearest residential zoning district boundary, and if outside and above-ground shall be located no closer than 300 feet from the nearest residential zoning district boundary. Storage of flammable liquids or gases in excess of 2,750 gallons shall be located no closer than 300 feet from the nearest residential zoning district boundary.
(b) Decreasing minimum distance. A decrease in the minimum setback, established above, shall only be allowed through approval of a conditional use permit.
(C) Hazardous materials.
(1) No use or structure involving hazardous materials shall be operated or occupied as to constitute a hazardous condition, or as to unreasonably interfere with the use and enjoyment of property by any person of normal sensitivities, or otherwise as to create a public nuisance.
(2) All uses shall comply with the standards governing hazardous materials as regulated by the Minnesota Pollution Control Agency.
(Ord. 1040, passed 1-5-16)
§ 154.158 EXTERIOR STORAGE.
(A) Neat and orderly. Outdoor storage of personal property, merchandise, products or raw materials in any districts shall be neat and orderly. Section § 154.159, Landscaping, Screening and Fences, describes regulations for softening the view to such items.
(B) Setbacks. Outdoor storage shall conform to the requirements for the setback of accessory structures.
(C) Residential districts. In residential districts, all materials and equipment shall be stored within a building or be fully screened so as not to be visible from adjoining properties, except for the following in good order: firewood, laundry drying and recreational equipment currently being used on the premises, and the off-street parking of passenger automobiles or pick-up trucks. Firewood piles in residential areas shall be neat and orderly. Not more than ten cords shall be stored on any property. A cord is 4'x4'x8'.
(D) Hazardous or detrimental storage. The city may require the application for and consideration of a conditional or interim use permit for any exterior storage if it is demonstrated that the storage is a hazard to the public health and safety and has or may have a detrimental effect on nearby property values, impairs scenic views or constitutes a threat to living amenities.
(`86 Code, § 9.48) (Am. Ord. 1040, passed 1-5-16)
§ 154.159 LANDSCAPING, SCREENING AND FENCES.
(A) Purpose. The purpose of this section is to improve appearances, increase the compatibility of differing land uses, reduce soil erosion, protect water quality, provide summer cooling and winter wind protection, and increase property values.
(B) Types of development included. The requirements of this section shall apply to all proposed commercial, industrial, multiple-family residential, and public or semi-public developments that are required to submit an application for site plan review. Excluded are building additions less than 50% of the existing floor area and parking lot expansions less than 50% of the existing parking area. Individual detached (single-family) houses are exempt from this landscaping section except for sub-section (C), below. Plats that create lots for more than one detached house are subject to these regulations, however.
(C) Plantings for single-family detached houses, twin homes, duplexes, and triplexes. Single-family detached houses, twin homes, duplexes, and triplexes shall have at least one overstory tree per dwelling unit, with a minimum caliper size of 2.0 inches.
(D) Planting plan required. Each application for site plan review shall include a planting plan, drawn to scale by a professional landscape architect or nursery landscape designer, which shall address:
(1) Existing and proposed topography using two-foot contour intervals, if topography is being altered.
(2) Existing and proposed vegetation. The Community Development Department may require a survey of existing trees by species that have a diameter at four feet in height of 12 inches or greater.
(3) Proposed plants shall be shown at their normal mature crown diameter. A table shall be included that lists the symbols, quantities, common names, botanical names, sizes of plant material, root specification (e.g., balled, potted, and the like) and any special planting instructions.
(4) Existing and proposed site plan elements such as buildings, parking lots, driving lanes, sidewalks, other improvements, water bodies, streams and wetlands.
(E) Plant sizes and variety.
(1) Existing vegetation. Existing healthy, well-formed canopy and understory trees as well as healthy shrubs shall be credited toward the requirements of this section, provided the vegetation is protected before and during development of the site and maintained thereafter in a healthy growing condition, and meets the applicable regulation.
(2) Minimum plant sizes.
Table 15-1: Minimum Plant Sizes
Minimum Size
1 | Notes | |
Deciduous canopy or shade trees Ball and burlap Container | 2.0" diameter 1.25" diameter | Multi-stem varieties: Minimum height of 6 feet above ground level. All new trees shall be tethered and wrapped. |
Understory, small maturing, or ornamental trees | 1.25" diameter | Multi-stem varieties: Minimum of 4 feet in height |
Conifer trees | 6 feet tall | |
1All diameters are measured at a height of 4' | ||
(3) Species variety. To curtail the spread of disease or insect infestation in a plant species, not more than one-quarter of the plantings may be of the same species. To help provide year-round color, both deciduous and coniferous plants shall be used.
(4) Prohibited plants.
(a) The following trees shall be prohibited: Box Elder, Chinese Elm, Cottonwood, Siberian Elm, Female Ginkgo, Silver Maple, Norway Maple, Russian olive, and Buckthorn.
(b) These following trees shall not be used within 20 feet of the street edge: aspen, apple, black locust, black walnut, butternut, catalpa, cherry, Douglas fir, fir, juniper, larch, mulberry, plum, poplar, spruce, willow and yew.
(F) Tree and woodland protection.
(1) Natural forest and woodland areas shall be preserved to the extent practical, and substantial tree stands shall be incorporated into site development as feasible. Treed locations shall not be clear-cut if selective cutting and grading can be used to protect and preserve portions of the forest. The land developer shall demonstrate that no practical alternative exists to removing existing trees from a site. Credit may be given for certain trees that are preserved, and additional trees may be required in place of major trees that are removed.
(2) Tree inventory and protection required. If requested by the Community Development Department, the applicant shall submit a tree survey prepared by an arborist or land surveyor. All trees with a diameter of 12 inches or more shall be retained to the extent practical.
(3) Credit towards landscape requirements. Protected trees may be used to offset the number of required new overstory trees on a one-to-one basis provided that the protected trees meet the requirements for new plantings.
(4) Removal and replacement of protected trees. If any trees with a diameter of 12 inches or greater are removed, they shall be replaced with new trees that meet the minimum size requirement at the rate of one new tree for each tree removed. Replacement trees shall be in addition to the normally required number of overstory trees.
(5) Tree protection during construction. All protected trees shall be fenced before grading or excavation begins. Encroachments into the root zones of protected trees shall be avoided.
(6) Exemptions. The following tree removal activities are exempt from the standards of this section:
(a) Removing trees that are dead or dying based on an inspection by an arborist;
(b) Removing of trees that are determined by the City Engineer to be an immediate nuisance or threat to an existing structure, underground utility or to the public health, safety, or welfare; and
(c) Removal by the city or its authorized agent of trees on city or publicly-owned land or in public rights-of-way in accordance with this subchapter to complete street improvement projects.
(G) Maintenance required. Required plantings shall be maintained in a healthy condition in perpetuity. Dead or diseased plants shall be replaced.
(H) General site landscaping.
(1) Landscape elements. Landscape design may include existing trees or shrubs that are in good condition, turf grass, ground cover plants, overstory trees, ornamental trees, shrubs, perennials, flowers, ornamental grasses, berms, walls and fences. Each site shall include a combination of coniferous and deciduous plants and a combination of trees and shrubs. Overstory trees may be either deciduous or coniferous.
(2) Areas of the site to be landscaped.
(a) All parts of each site that are not occupied by parking, patios, driveways or other hardscape shall be planted with at least turf grass or ground cover plants. These locations include:
1. Required setback spaces that abut a public street;
2. Required setback spaces along a side yard between the front lot line and the building;
3. Required setback spaces that abut a different type of land use (e.g., commercial versus residential); and
4. All islands in parking lots.
(b) No landscaped area may be used for parking vehicles or the storage or display of materials, supplies or merchandise.
(3) Priority of locations for plantings. The priority for the locations to be planted with trees and shrubs is:
(a) Site edges that abut a differing type or intensity of land use; refer to division (J), below for how to plant such locations;
(b) The space between the public street right-of-way and the parking lot or building;
(c) The setback along an interior or rear lot line; and
(d) Islands or peninsulas in commercial or residential parking lots.
(4) Minimum number of overstory trees required along public streets.
Table 15-2: Minimum Number of Overstory or Ornamental Trees Required
Type of Land Use | Minimum Number of Trees Required per 100 Linear Feet of Public Street Edge |
Multiple-family residential development | 3.0 |
Commercial development | 3.0 |
Business park (I-1 District) | 3.0 |
General industrial (I-2 District) | 2.0 |
These required trees shall be planted between the front property line and the building setback line and shall be supplemented with shrubs at the rate shown in Table 15-3, below. Additional overstory or ornamental trees may be needed along other property line or within parking lots to meet the requirements of this section.
(5) Minimum number of shrubs required along public streets.
Table 15-3: Minimum Number of Shrubs Required
Type of Land Use | Minimum Number of Shrubs Required per 100 Linear Feet of Public Street Edge |
Multiple-family residential development | 20 |
Commercial development | 15 |
Business park (I-1 District) | 12 |
General industrial (I-2 District) | 0 |
These required shrubs shall be planted between the front property line and the building setback line. Additional perennials or annuals may be needed along other property line or within parking lots to meet the requirements of this section.
(I) Parking lot screening. The following requirements for the setback areas and interior portions of parking lots complement the general site landscaping requirements shown in division (H) of this section.
(1) Perimeter landscaping requirements. The views toward parking lots from public streets or residential areas shall be treated with plantings and, possibly, earthen berms, fences or other methods. The priority for planting locations shall be:
(a) Parking lots adjacent to housing. See division (J) of this section, buffers between different zoning districts or land use intensities;
(b) Between the public street right-of-way and the parking lot or the building. Refer to division (I)(2) of this section;
(c) The interior of parking lots. Refer to division (I)(3) of this section; and
(d) Other parking lot edges.
(2) Parking lots adjacent to streets.
(a) Any parking lot for a commercial, industrial, multiple-family residential, public or semi-public development adjacent to a public street shall have a minimum planting strip equal to the required setback along the street right-of-way;
(b) For residential, commercial, public or semi-public sites, the landscaping shall be designed to soften the views of parked cars from the street. In a traffic safety visibility triangle, mature shrubs or ornamental grasses shall not exceed 30 inches in height. This division does not apply to I-2 zone.
(c) Overstory trees (deciduous or coniferous) shall be provided at a minimum rate shown in Table 15-2, Number of Overstory Trees Required, above.
(d) Screen ing materi als may includ e a combi nation of plants, berms, raised planters, mason ry walls, or other screening devices that meet the intent of this requirement.
Figure 15-1: Illustration of parking lot perimeter screening
Figure 15-2: Perimeter landscaping required between a parking lot and a street
(3) Islands in parking lots.
(a) This division does not apply to the I-2 zone. Planted islands shall be used to demarcate driving aisles and to break up long rows of parking at the rate of one island for every 50 parking spaces. Landscaped islands shall have a minimum outer width of nine feet. Plantings in the islands shall consist of at least one overstory tree per island and rock mulch. Additional shrubs or other perennials may be included at the discretion of the owner to enhance appearances.
(J) Landscaping between different zoning districts or land use intensities.
(1) The plantings required in this division are in addition to plantings required in division (H) of this section, general site landscaping.
(2) New developments shall provide a landscaped buffer between differing zoning districts or land uses of significantly different intensity (i.e. low density and high density, residential and commercial, residential and industrial, commercial and industrial, public/semi-public and residential, and the like). The buffer shall have the width as provided in Table 15-1 and number of plantings as provided in Table 15-2.
2016 S-16
(3) No structure shall be permitted within a required buffer other than a wall, fence, or earth berm. Parking areas and driveways shall not encroach upon buffer areas. Note that the width of the required transition buffer may exceed the width of the normal minimum required parking or building setback.
Table 15-4: Minimum Width and Treatment of Required Buffer Areas
Proposed Use in this Zoning District | ||||
R-1 or R-2 District, a School or a Public Park | R-3 or R-4 District | Any B District | Any I District | |
Adjacent to: | ||||
R-1 or R-2 District, a school or a public park Landscape standard | -- | 15' B | 25' C | 40' D |
R-3 or R-4 District Landscape Standard | 15' B | -- | 20' C | 40' D |
Any B District Landscape Standard | 25' C | 20' C | -- | 15' B |
Any I District Landscape Standard | 40' D | 40' D | 15' B | -- |
(4) Minimum planting requirements.
(a) For every 100 lineal feet of a required buffer area between differing types of land uses or intensities, the following cumulative number of plants shall be provided.
Table 15-5: Minimum Planting Requirements
Required Buffer Area | Overstory Trees (Deciduous and Coniferous) per 100 lineal feet of buffer | Plus Ornamental Trees per 100 lineal feet of buffer | Plus Shrubs per 100 lineal feet of buffer |
A | 2 | 0 | 0 |
B | 3 | 2 | 4 |
C | 4 | 4 | 10 |
D | 6 | 6 | 12 |
(b) The buffer requirement may be reduced one step (not lower than A) if:
1. If there is a public street between differing zoning districts.
2. The property owner on the opposite side of the buffer line has already installed a transition buffer that meets these requirements.
(c) The buffer requirement may be reduced two steps (not lower than A) if a berm and/or an opaque fence or wall totaling at least six feet tall is used. In that case, any required shrubs shall be placed on the outer side of the fence or wall with the intent of softening the barrier.
(K) Screening of storage, loading or trash collection areas.
(1) Intent and applicability. In addition to the other planting requirements in this sub-section, screening shall be required in all districts to shield the view to certain site elements from either off-site or on-site locations.
(2) Items to be screened.
(a) The following areas shall be screened from view from the public street or from nearby housing:
1. Trash and recycling areas;
2. Loading and truck service areas; and
3. Outdoor storage areas.
(b) It is not the intention of this code to require visual screening of these items in the I-2, General Industrial District, from views between industrial sites.
(3) Methods of screening.
(a) All items to be screened shall be provided with a visual screen consisting of fences, walls, gates, berms, approved plants or some combination of those elements.
(b) Fences or walls shall be compatible with the architectural materials and patterns of the principal structure.
(c) Truck dock doors on new (future) buildings shall face away from the public street. Wing walls shall be used to screen the view from the public street of truck docks that are on a wall that is perpendicular to the street.
(d) Outdoor storage of goods or materials shall be screened from view from the public street or from housing by a fence or wall at least six feet tall and 90% opaque. Plantings in the foreground shall be used to soften the appearance of the fence or wall.
(L) Fences and walls.
(1) Construction and maintenance, generally.
(a) Every fence or wall shall be constructed in a substantial, workmanlike manner and of substantial material reasonably suited for the purpose for which the fence is proposed to be used.
(b) Every fence or wall 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 Zoning Administrator shall commence proper proceedings for the abatement thereof.
(c) Chain link fences, wherever permitted, shall be constructed in such a manner that no barbed ends shall be at the top except in industrial districts, or on public property for security purposes.
(d) That side of the fence considered to be the face (the side opposite the post) shall face abutting property.
(e) No person shall construct or erect any electrical or barbed wire fence, except for Essential Services for which security is imperative or to contain intensively used facilities for raising animals.
(f) No person shall construct a fence topped with razor wire without a conditional use permit, except the federal prison or essential services for which security is imperative.
(g) 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.
(h) In those instances where a fence exists as an enclosure which restricts access from the front to the rear yard, a gate, identifiable collapsible section, or other such means of recognizable 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.
(i) All fences shall be constructed on or inside the boundary of the subject property, and not in the public right of way. There is no setback requirement for fences.
(2) Residential district fences or walls.
(a) On properties zoned residential and not a farm, no fence shall be erected or maintained more than six feet in height.
(b) No fence shall be erected in any front or corner side yard, to a height in excess of four feet.
(c) On corner lots in all districts, no fence or planting in excess of 30 inches above the street center line grade shall be permitted within a traffic sight triangle.
(d) If a rear lot line is shared 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.
Figure 15-3: Fence height limitations where a rear lot line abuts a side lot line
(e) Chain link fences that enclose tennis courts shall not exceed ten feet in height.
(3) Non-residential district fences.
(a) Fences over six feet tall shall require a building permit.
(b) Boundary line fences abutting residential districts shall conform to those conditions applying to the residential district.
(c) Fences for special purposes and fences differing in construction, height, or length may be permitted in any non-residential district by issuance of a building permit from the Community Development Department. Findings shall be made that the fence is necessary to protect, buffer, or improve the premises for which the fence is intended.
(4) Seasonal/snow fencing.
(a) The allowed duration for putting up a seasonal or snow fence is between November 1 and March 31 of every year.
(Ord. 1040, passed 1-5-16; Am. Ord. 1098, passed 9-21-21; Am. Ord. 1122, passed 4-15-25)
§ 154.160 LIGHTING, EXTERIOR.
(A) Generally. In all districts, any lighting used to illuminate an off-street parking area, sign or other structure shall be arranged so as to deflect light away from any adjoining residential property or zone, or from the public streets.
(B) Direct lighting. Direct glare, whether from floodlights or from high temperature processes such as combustion or welding, 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. The lens of lights under canopies such as at gasoline filling stations must be recessed flush with the ceiling or fully shielded on their sides.
(C) Maximum allowable light levels. Any light or combination of lights which cast light on a public street shall not exceed one-foot candle (meter reading) as measured from the centerline of the street. Any light or combination of lights which cast light on residential property shall not exceed 0.4 foot-candles (meter reading) as measured from the property.
(`86 Code, § 9.50) (Am. Ord. 1040, passed 1-5-16)
§ 154.161 PARKING REQUIREMENTS, OFF-STREET.
(A) General parking requirements in Chapter 71. Refer to Chapter 71 of the City Code, Parking Rules, for regulations regarding on-street parking including general prohibitions; parking of manufactured homes, mobile homes and travel trailers; direction to proceed; methods of parking; winter parking and snow emergencies; on-street parking regulations; postal delivery boxes; private parking lots and roads; and parking of “for sale” vehicles on non-residential property.
(B) Requirements for building permits and certificates of occupancy. Any new or enlarged building, or a change in the use of a building, shall be required to serve those improvements or changes with parking, loading or bicycle parking as required in this section.
(C) Minimum number of off-street parking spaces required.
(1) Off-street parking space requirements are established in Table 15-6.
(2) For uses not listed, the off-street parking requirements shall be established by the Community Development Department based on similar uses and/or authoritative sources accepted by the Department.
(3) Parking areas shall conform to the requirements of Minnesota State Accessibility Code, Chapter 1341.0502, in terms of the location and design of spaces for physically-handicapped drivers. The number of spaces required is shown in division (F) of this section.
(4) An applicant for site plan approval may present parking counts from other locations of a very similar facility that have generated less or more parking demand than listed in Table 15-6. The Community Development Department will consider that evidence in its review.
(5) For structures containing multiple uses, parking shall be calculated separately for each use. Credit for shared parking is provided in this section.
(6) Required parking spaces shall be located on the same lot as the principal use, unless shared parking or off-site parking is approved for the use.
(7) One parking space shall be required for each commercial vehicle owned by and used in the operation of the land use if that vehicle(s) is kept on the property.
(8) For those land uses where the parking requirement is calculated on a square foot basis, the gross floor area of the building will be used in the calculation.
Table 15-6: Minimum Number of Off-Street Parking Spaces Required
Use | Minimum Standard |
Use | Minimum Standard |
Residential Land Uses | |
1-, 2- and 3-unit buildings | 2 off-street spaces per unit, counting the space in the driveway. |
Townhouse | A minimum of 2 off-street spaces per dwelling unit for residents’ use counting the private driveway plus a minimum of 0.5 off-street shared space per dwelling unit for visitors’ use. |
Apartment building | 1.5 spaces per dwelling unit plus at least 0.5 space per unit in common for visitors. |
Accessory dwelling | 1 per unit. |
Manufactured home park | 2 per unit. |
Housing for the elderly | Total spaces for residents, staff and visitors: Independent: 1 per unit Assisted or memory: 0.4 per bed At least 35% of the spaces must be provided in a surface lot so that they can be shared among visitors and staff. |
Day care, in-home, children or adults, not overnight | The standard parking requirement for the housing type. |
Residential (overnight) care facility or group home | 1 space for each non-resident service provider at the peak time; plus 1 space per 6 residents or fraction thereof. Council may require additional parking based if CUP application warrants. Spaces in the garage and driveway may be counted toward the total. |
Business Land Uses | |
Animal hospitals and veterinarians | 3 spaces per 1,000 square feet. |
Bank | 3 spaces per 1,000 square feet. |
Bar or tavern | 1 space per 3 seats. |
Bowling alley | 3 spaces per lane. |
Coffee shop | 6 spaces per 1,000 square feet. |
Contractor’s office or showroom | 1 space per 250 square feet of office, sales or display space plus 1 space per 3,000 square feet of storage area. |
Convenience food store with gasoline pumps | 1 per 500 square feet plus spaces at fuel pump islands. |
Convention or exhibit halls | 1 space per each 4 occupants at maximum designed capacity. |
Day care center for children or adults, not in a home | 1.5 spaces for each 10 participants plus one space per caregiver on the maximum shift. |
Discount department stores | 4 spaces per 1,000 square feet. |
Fitness center | 4 spaces per 1,000 square feet. |
Funeral home | Spaces equal to one-third of the capacity in persons. |
Grocery stores | 4 spaces per 1,000 square feet. |
Large merchandise retail (e.g. appliances) | 1 space per each 500 square feet. |
Medical or dental clinic | 5 spaces for each doctor or dentist plus 1 per employee. |
Motel or hotel | 1 space per each guest room plus 1 space per employee on the maximum shift; plus 75% of the normal space required for any accessory uses such as restaurant, banquet space, meeting rooms. |
Motor vehicle service | 4 spaces per each service bay. |
Nursing home | 1 space per 4 beds at designed capacity. |
Offices | 4 spaces per 1,000 square feet. |
Theater, auditorium, assembly halls | 1 space per each 4 seats. A single seat on a bench is equal to 28 inches. |
Restaurant | 1 space for every 3 seats. |
Retail or service business, general Under 10,000 square feet 10,000 to 100,000 square feet | 4 spaces per 1,000 square feet. 3.3 spaces per 1,000 square feet. |
Shopping center | 1 space per 300 square feet. Grocery stores and theaters shall be calculated separately. Restaurants and food service shall be calculated separately unless the shopping center exceeds 20,000 square feet in size and no wait-staff is present, and the use constitutes less than 25% of the shopping center’s floor area. |
Vehicle sales, new or used autos, light trucks, motorcycles, boats or all-terrain vehicles | Sales lot: 8 per 1,000 square feet of building Employees: 1 per employee on the maximum shift Customers: 1 per 1,000 square feet of building |
Industrial Land Uses | |
Manufacturing, fabrication, or processing | 1 space per employee on the maximum shift or 1 space per 1,000 square feet, whichever is larger. |
Warehouse | 1 space per each 2,000 square feet. |
Wholesale sales, business customers only | 1 space over 1,000 square feet for non-showroom area and 1 additional space for each 500 square feet of showroom area. |
Public and Semi-Public Land Uses | |
Community center | Parking requirement shall be based upon uses within the building. |
Libraries or museums | 1 space per 300 square feet. |
Places of public assembly or religious institutions | 1 space per each 4 seats at maximum capacity of assembly hall. A single seat on a bench is equal to 28 inches. |
School, elementary or junior high | 2 spaces per each classroom or 1 space for each 5 seats in the primary assembly area, whichever is greater. |
School, high school or post-secondary | 1 space per each 4 students based on building capacity, plus one space for each two classrooms. |
Other Land Uses | |
Land uses not listed in this table | Parking requirements for uses not listed above will be determined by the Community Development Department based on similar uses and/or authoritative sources accepted by the Department. |
(D) Reductions to minimum requirements.
(1) Reductions. The off-street parking reductions described in this section may be used jointly or separately except as indicated otherwise.
(2) Modification request. An applicant may request a modification of the minimum required number of parking spaces by submitting a study of anticipated parking demand. Parking studies shall be prepared by a professional with expertise in traffic and parking analysis.
(3) State Street frontage downtown. Buildings located in the half block abutting State Street between Third Avenue North and Second Avenue South and extending into the 300 blocks of South State Street are exempt from any off-street parking requirements.
(4) Shoreland Management Overlay District. The required minimum number of parking spaces may be reduced by 25% in the Shoreland Management Overlay zoning district upon approval of the Community Development Department.
(E) Maximum number of parking spaces allowed.
(1) The maximum number of parking spaces for any building or use shall not exceed 125% of the number of spaces required by Table 15-6.
(2) Additional parking may be provided if it does not increase impervious surface area beyond that which would be created by meeting the maximum parking requirement (i.e., parking in a structure or below a building).
(3) An applicant may request a modification of the maximum allowed number of parking spaces by submitting a study of anticipated parking demand. Parking studies shall be prepared by a professional with expertise in traffic and parking analysis.
(4) This allowance does not apply in the Shoreland Overlay Zoning District.
(F) Parking for the disabled.
(1) Number of parking spaces required for the disabled.
Table 15-7: Minimum Number of Parking Spaces Required for the Disabled
Total Parking Spaces | Accessible Parking Spaces Required | “Van-Accessible” Spaces Required |
Total Parking Spaces | Accessible Parking Spaces Required | “Van-Accessible” Spaces Required |
1 to 25 | 1 | 1 |
26 to 50 | 2 | 1 |
51 to 75 | 3 | 1 |
76 to 100 | 4 | 1 |
101 to 150 | 5 | 1 |
151 to 200 | 6 | 1 |
201 to 300 | 7 | 2 |
301 to 400 | 8 | 2 |
401 to 500 | 9 | 2 |
501 to 1000 | 2% of total | 1 in every 6 accessible spaces |
Over 1000 | 20 plus 1 for every 100 over 1000 | 1 in every 6 accessible spaces |
(2) Design of parking spaces for the disabled.
(a) Each designated space must be eight feet wide with an adjacent 8 feet wide access aisle;
(b) Each eight-foot access aisle must be identified as “no parking” either by sign or on the surface of the access aisle;
(c) One in six accessible spaces must be van accessible, i.e., it must have 98 inches of vertical clearance;
(d) All designated spaces must be on an accessible route located as near as possible to an accessible entrance; and
(e) Each space is required to have a sign with the international symbol of accessibility, indicating that a permit is required and notification of the maximum fine for violation under state law.
(G) Shared parking.
(1) Shared off-street parking is allowed to provide parking for more than one land use subject to the conditions established in this section.
(2) The uses must have their highest peak demand for parking at substantially different times of the day or week, or an adequate amount of parking shall be available for all uses during shared hours of peak demand. A parking plan shall address the hours, size and mode of operation of the respective uses.
(3) The minimum spaces required under a shared parking plan shall be based on the following:
(a) For those uses parking at substantially different times of the day or week, the number of spaces required for the uses that require the most parking; and
(b) For those uses parking at the same hours of peak demand, the minimum shall be 1.5 times the number of spaces required by the use(s) that require the most parking.
(4) Shared parking facilities shall be protected by a covenant running with the land and recorded with the County in a form approved by the City Attorney. Such a covenant shall not be revoked without consent of the city. A certified copy of the recorded document shall be provided to the Community Development Department prior to the use of the shared parking arrangement.
(H) Off-site parking. Off-site parking may be allowed under the site plan review process. The Community Development Department may require the applicant to present proof of ownership of the off-site property, a long-term lease or similar arrangement.
(I) Proof of parking. If it is demonstrated that the required minimum parking is in excess of the actual demand, all of the required parking need not be constructed initially. The City Council may grant a proof of parking agreement to the developer. This agreement shall describe the required parking, demonstrate that space exists to comply with the parking requirement and set conditions for the future construction of the required parking, if necessary. The agreement shall state that the developer or future successors shall be responsible for completing parking improvements to meet City Code requirements. The area of future parking shall be landscaped according to the requirements for parking areas.
(J) Parking area use. Required parking spaces and the circulation aisles providing access to them shall not be used for the following:
(1) Storage of any kind, including of unlicensed or inoperable motor vehicles, boats, recreational vehicles and the like;
(2) Display, sales, rental, or repair of motor vehicles;
(4) Loading and unloading of vehicles.
(K) Design requirements.
(1) Site plan. All applications for site plan review shall depict, at a measurable scale, the location and arrangement of vehicle parking, curb cuts, driveways and walkways. A zoning permit and a site plan shall be submitted for secondary parking. Refer also to § 154.178, Site Plan Review, in the Application Reviews and Procedures chapter of this code.
(2) Access and location. Parking areas shall have access to a public street. Driveways shall be located to minimize interference with traffic movement. (See § 154.155 Driveways and Private Internal Access Roads).
(3) Parking dimensions. Parking dimensions shall be according to Table 15-8.
Table 15-8: Minimum Parking Lot Dimensions
Stall Angle (degrees) | Stall Width | Stall Length | Aisle Width | Traffic Flow |
45 | 9 | 22 | 14 | One way |
60 | 9 | 21 | 16 | One way |
75 | 9 | 21 | 18 | One way |
90 | 9 | 18 | 24 | Two way |
90 compact | 8 | 16 | 24 | Two way |
Parallel | 23 | 8 | 22 |
(4) Parking for disabled persons. The size and location of stalls reserved for parking for disabled persons shall be as required by applicable state regulations and as summarized in division (F) of this section. These spaces are included in the computation for the minimum parking space requirement.
(5) Turn-arounds.
(a) All parking areas except those serving one-family and two-family dwellings on local streets shall be designed so that vehicles do not have to back into the public street.
(b) Parking areas for one-family and two-family dwellings with driveway access onto county or state roads shall be designed so that vehicles do not have to back into the street.
(6) Surfacing.
(a) Off-street parking, loading and circulation areas, except for industrial uses in the I-2 zone, shall be paved with concrete, plant-mixed asphalt or paving blocks having the same or greater durability as concrete or plant-mixed asphalt.
(b) For developments in the I-2 zone, such pavement is required only for parking designated for the vehicles of employees and visitors. Other parking or loading areas shall be paved at a minimum with a durable gravel material and maintained in a dust-free condition. A dust management plan shall be required in conjunction with site plan approval.
(7) Walkways. Required parking areas for 6 or more vehicles shall have walkways separated from the parking area and surfaced with bituminous asphalt, pavers or concrete to provide access from parking areas to the entrances of buildings.
(9) Lighting. Required parking areas for six or more vehicles shall provide an average horizontal illumination between 0.4 and 1.0 foot-candle. The average horizontal illumination in all parking ramps shall be 1.0 foot-candle. Any illumination, whether affixed to a building or otherwise, within a lot in any residential district, shall be designed to not beam beyond the site on which it is located. Curb is not required for one- and two-family dwellings.
(10) Curbs. A six-inch-tall, poured-in-place concrete curb shall be provided around the periphery of all parking lots and internal access or circulation drives except where the City Engineer determines that a curb would impede the drainage plan.
(L) Surface water control and curbing.
(1) For any development except one- or two-family housing or industrial uses in the I-2 zone, the entire perimeter of any parking or loading area shall have concrete curbing, as required above in division (K)(10) of this section. Islands and peninsulas in such parking areas or loading areas shall also have concrete curb. Flexibility in island and peninsula design may be permitted as part of an overall drainage plan as approved by the City Engineer.
(2) Parking and loading areas shall be graded and drained in conformance with the approved surface water management plan.
(3) For development in the I-2 zone, concrete curb is not required.
(M) Maintenance. All off-street parking areas shall be maintained in good repair.
(N) Bicycle parking. Bicycle parking is required in order to encourage utilitarian riding.
(1) Secure bicycle locking hardware shall be provided near the building entrance but where it will cause no conflicts with pedestrians.
(2) This requirement applies to retail buildings larger than 10,000 square feet, office or industrial buildings larger than 20,000 square feet, convenience stores, and convenience food restaurants.
(O) Off-street loading facilities.
(1) Loading zones. The off-street loading requirement for commercial or industrial buildings may be satisfied by designating a loading zone area. This loading zone area shall be separate from any required off-street parking area and shall not conflict with automobile circulation.
(2) Loading docks, berths and facilities.
(a) Loading docks and doors shall comply with the screening requirements of § 154.159, Landscaping, Screening and Fences.
(b) A loading facility includes the dock, the berth for the vehicle, maneuvering areas and screening walls.
(c) Location.
1. All loading berth curb cuts shall be located at least 60 feet from the intersection of two street rights-of-way.
2. No loading berth shall be located less than 100 feet from any parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building, including but not limited to schools, religious institutions or community centers, unless the loading berth is entirely within a building.
3. Loading facilities shall not occupy the required front yard except in the I-2 zoning district.
(d) Each loading berth location shall permit vehicular access to a street in a manner that will least interfere with traffic.
(e) All loading facilities and access ways shall be paved with asphalt or concrete except in the I-2 zoning district.
(f) Where noise from loading or unloading activity is audible in a residential district, the activity shall terminate between the hours of 7:00 p.m. and 7:00 a.m.
(3) Accessory use. No loading berth or access drive shall be used for the storage of goods or inoperable vehicles. It may not be included as a part of the space necessary to meet the off-street parking requirements.
(Ord. 1040, passed 1-5-16; Am. Ord. 1098, passed 9-21-21)
§ 154.162 PARKING IN RESIDENTIAL AREAS, SUPPLEMENTARY.
The following parking regulations apply to the R-1, R-2, R-3 and R-4 zoning districts as well as to housing located in non-residential zoning districts. These regulations supplement the off-street parking requirements of § 154.161, Parking Requirements, Off-Street.
(A) General residential parking requirements.
(1) Off street parking of any type of vehicle shall be provided in accordance with § 154.161 titled Parking Requirements, Off-Street.
(2) No more than four vehicles or one per licensed driver residing on the premises, whichever is more, may be parked or stored outside on the lot. For the purpose of this clause, a vehicle must be currently licensed and operable, have a capacity of nine or fewer passengers or be a truck not exceeding one ton capacity.
(3) Exterior secondary vehicle parking and storage shall be confined to surfaces paved with concrete, rock, asphalt or pavers. All new or expanded parking shall meet this standard.
(4) All new construction, including garages, garage additions and parking or vehicle storage areas shall be served by an access drive made of concrete, asphalt or pavers.
(5) One-, two- or three-family residences:
(a) Parking areas and circulation drives shall be set back at least five feet from any side or rear lot line.
(b) Parking in the front yard shall not be located between the living space of the house and the street.
(c) Front yard parking beyond the width of the garage (that is, in the side yard) shall be set back from the front property line at least ten feet.
(B) Parking or storage of commercial-use vehicles, inoperable vehicles, unlicensed vehicles and vehicle parts.
(1) Inoperable vehicles, unlicensed vehicle or vehicle parts shall not be stored outdoors, whether on a lot or on a street, in a residential district.
(2) One commercial vehicle of Class 1, 2 or 3 may be parked or stored outside, whether on a lot or on a street, in a residential district. Class 1, 2 and 3 vehicles are defined by the U.S. Department of Transportation.
(C) Parking or storage of recreational vehicles, boats, trailers, all-terrain vehicles, snowmobiles and similar vehicles. Recreational vehicles, boats, all-terrain vehicles, snowmobiles, special purpose trailers or other vehicles designed or used for off-road purposes may be parked or stored in a garage or other building or may be parked or stored outdoors as follows:
(1) No more than two such vehicles, not more than one of which is a recreational vehicle, shall be parked or stored outdoors on each lot. Such lot must be occupied by a principal structure, and such parking or storage shall occur only on asphalt, concrete, rock or pavers but not in a space that is designated as required parking for the principal use. A trailer with one or more vehicles on it shall be considered one vehicle.
(2) Any such vehicle shall not be parked or stored within five feet of a side or rear lot line. Vehicles may be parked within the required front setback provided vehicles are parked on an approved asphalt, concrete, rock or pavers and shall not be within ten feet of the front yard property line.
(3) Such vehicles shall not be parked between the living space of the house and the street.
(4) Recreational vehicles shall not be used as living or sleeping quarters for more than 14 days per year.
(D) Secondary parking.
(1) Secondary parking areas shall be paved with rocks and the perimeter barrier of the parking area shall be made of a minimum 2x material (nominal size) secured to the ground and a minimum height which shall be two inches higher than the finished rock height.
(2) The required minimum setbacks for secondary parking shall be the same as the setbacks for parking in each district, including general and specific development requirements for this chapter.
(3) A right-of-way permit is required for any work proposed on the city right-of-way.
(4) A zoning permit and a site plan shall be submitted for review for secondary parking.
(5) Example. Frame the outline of the area with 2x3 landscape timbers to the desired height, anchored into the ground with re-rod, and fill the area with crushed rock. See Figure 15-2.
(Ord. 1040, passed 1-5-16; Am. Ord. 1098, passed 9-21-21)
§ 154.163 PRIVATE SEWAGE SYSTEMS.
The standards as found in Minnesota Pollution Control Agency’s Standards for Sewage Treatment (WPC-40) Minn. Rules Ch. 7080, Individual Sewage Treatment Systems Standards, are hereby adopted by reference.
(`86 Code, § 9.65) (Am. Ord. 1040, passed 1-5-16)
§ 154.164 PROHIBITED TYPES OF DWELLING UNITS.
No basement, garage, tent, travel trailer, motor vehicle, recreational camping vehicle, motor home or accessory building shall be used as a dwelling, except:
(A) Detached accessory dwellings approved under § 154.151, Accessory Dwelling units, Detached;
(B) The basement portion of a fully completed home or apartment may be used for normal eating and sleeping purposes provided it is properly damp-proofed, has suitable fire protection and exits and is otherwise approved by the Building Inspector; and
(C) Recreational camping vehicles and travel trailers may be used as living or sleeping quarters for up to 14 days per year total on the same property.
(Ord. 1040, passed 1-5-16)
§ 154.165 REFUSE.
In all districts, trash or recycling collection areas, when provided for any property other than townhouses and dwellings of four or less units, shall be enclosed on at least three sides by opaque screening at least six feet in height. The open side of the enclosure shall not face any street or the front yard of any abutting property, unless an opaque gate is provided and kept closed at all times except when the trash handling area is being accessed.
(A) The owner of vacant land shall be responsible for keeping the land free of refuse.
(B) Screening. The following standards shall apply to trash or recycling collection areas:
(1) The screening shall be a minimum of six feet in height;
(2) The screening shall have a minimum of 90% opacity; and
(3) If landscaping is used for the screening, the plantings shall be evergreen and a minimum of six feet in height when planted. A 90% opacity level shall be obtained within two years. Plantings shall be replaced if they do not survive, or are damaged so as to not achieve 90% opacity.
(C) Existing uses shall be required to comply with the provisions of this section in conjunction with any expansion or additions or other site or exterior building modifications.
(`86 Code, § 9.49) (Am. Ord. 984, passed 7-17-12; Am. Ord. 1040, passed 1-5-16)
§ 154.166 RELOCATING HOUSES OR OTHER STRUCTURES.
(A) The dwelling in its proposed location must be judged to be compatible with other adjacent dwellings in terms of height and size.
(B) The architectural features of the dwelling and any accessory structures must be judged to be compatible with the architectural style and features of adjacent and nearby buildings.
(C) Such features as porches, dormers, pillars and columns, window style, entrance location, and roof pitch and style shall be considered when determining the appropriateness of the dwelling and any accessory structure. This division is not intended to apply strict architectural standards; rather, that the dwelling being moved or relocated must be compatible with the neighborhood as interpreted by the Zoning Administrator.
(D) Garages and other accessory structures, whether attached or detached, shall be located in a manner similar to those on adjacent and nearby properties.
(E) A site plan with a lot survey shall be submitted showing the final grading elevations for the proposed parcel. The on-site grading improvements and utility service extensions shall be completed prior to placing the building on the lot.
(F) A structure moving permit must first be acquired from the city.
(G) The structure to be moved must be either a permitted or a conditional use in the relevant zoning district. If a conditional use permit is required, the appropriate application must be made to the city.
(H) All required improvements and Building Code requirements shall be met before a certificate of occupancy is granted.
(Ord. 1040, passed 1-5-16)
§ 154.167 SINGLE-FAMILY DETACHED DWELLINGS.
All dwellings located in any residential zoning district shall conform to the following minimum requirements in addition to the specific requirements applicable to the individual districts:
(A) Except for those in the R-M zoning district, each detached (single-family) dwelling must be attached to a permanent foundation that complies with the Minnesota State Building Code and is solid for the circumference of the building.
(B) All dwellings shall have a minimum width and depth of 20 feet, exclusive of porches, entryways or attached storage sheds.
(C) The materials and texture of exterior materials must be compatible in composition, appearance and durability to the exterior materials commonly used in standard residential construction.
(D) There must be at least one overstory tree per house.
(E) All dwellings shall be served by public sanitary sewer and water.
(F) Direct vehicular access to residential units from arterial roads shall be prohibited unless no other reasonable alternative exists as determined by the Community Development Department.
(G) In addition to standards applicable to all houses in residential districts, manufactured homes, as defined by Minnesota Statutes, shall be built in compliance with the Minnesota Manufactured Homes Building Code.
(H) Driveways for houses that receive a building permit after the date that this code was adopted must be paved with asphalt, concrete or pavers. Existing gravel driveways may remain unless there is new construction, including expansion of an existing driveway. Any driveway must be set at least five feet from the side or rear lot line.
(Ord. 1040, passed 1-5-16)
§ 154.168 UTILITIES, PRIVATE.
Underground location required. All private utilities serving new development, including lines for electricity, natural gas, telephone and cable television, shall be located underground except for high-voltage electrical lines.
(Ord. 1040, passed 1-5-16)
§ 154.169 WETLANDS.
(A) Purpose. The purpose of this section is to recognize, preserve and protect the environmental, aesthetic and hydrologic functions of the city’s wetlands by regulating the use of wetlands and their adjacent properties. These functions include, but are not limited to, sediment control, pollution control, filtration, fish and wildlife habitat and aquifer recharge.
(B) Intent. The intent of this section is to protect wetlands to the maximum extent possible while allowing a reasonable use of the property. This section adopts the regulations and standards of the Wetland Conservation Act of 1991 (WCA), Laws of Minnesota 1991, Chapter 354, as amended, and the rules adopted pursuant to the WCA.
(C) Applicability. This chapter shall apply to new development or redevelopment. New development, for the purposes of this section includes any subdivision that creates a new lot that has no principal use on it or construction of a principal use on an existing vacant parcel of land. Redevelopment means removal or renovation of the principal structure such that use of more than 50% of its market value and reconstruction on the same property. This requirement does not apply to reconstruction due to fire, wind or vandalism. The city may also require buffers and setbacks as part of a variance, conditional use permit or site plan review.
(D) Wetland delineation. A wetland delineation must be completed according to the most current U.S. Corps of Engineers methodology and be completed by a qualified professional. The delineation shall be approved by the city’s designated official prior to: property improvements, plat approval and/or wetland permit.
(E) Lowest floor elevation. The lowest floor elevation of buildings shall be a minimum of two feet above the ordinary high water level of the wetland or the outlet elevation, whichever is higher. If sufficient data on known high water levels is not available, the elevation of the line of permanent aquatic vegetation shall be used as the estimated high water elevation.
(F) Retention in natural state. To the extent possible, all wetlands, including marshlands and swamps shall be retained in their natural state to serve as a storm water runoff basin and also as a wildlife habitat. Organic and other waste which would normally be disposed of at a solid waste disposal site or which would normally be discharged into a sewage disposal system or sewer shall not be directly or indirectly discharged to the wetland.
(G) On-site sewage systems. No part of any sewage disposal system requiring on-land or in-ground disposal of waste shall be located closer than 150 feet to the ordinary high water level unless it is proven by the applicant that no effluent will immediately or gradually reach the wetland because of existing physical characteristics of the site or the system.
(H) Buffers.
(1) A buffer, which shall contain a continuous dense layer of primarily native perennial vegetation, including grasses, forbs, shrubs, and/or trees, shall be provided adjacent to all wetlands.
(2) Buffer width is based on the size of the wetland, and is measured from the delineated wetland boundary outward. Minimum buffer width shall be as follows:
Wetland Size
|
Buffer Width
|
0-5 acres | 10 feet |
Greater than 5 | 20 feet |
(3) Permitted uses and activities within buffers are as follows:
(a) Restoration of native vegetation;
(b) Nature preserves;
(c) Public boardwalks, bridges and trails;
(d) Ponding and drainage facilities, as required by the city;
(e) Environmental monitoring or control facilities;
(f) Public utilities, including maintenance activities; and
(g) Structures that the city determines will protect the wetland from erosion or provide weed control.
(4) Buffers shall be protected by prohibiting the following uses and activities within buffer areas:
(a) Placement of structures or building, except as provided in division (H)(2) of this section;
(b) Paving;
(c) Dumping, including organic or other waste that would normally be disposed of at a solid waste disposal site or which would normally be discharged into a sewage disposal system or sewer;
(d) Yard waste disposal;
(e) Filling; and
(f) Mowing or cutting of vegetation, except when permitted as invasive vegetation management.
(5) Signs for wetland buffers. All wetland buffers shall be marked by signs placed at the buffer edge.
(a) Sign location. Buffer signs shall be placed at every other lot corner or as approved by the City Engineer. Proposed buffer sign locations shall be shown on a grading or site plan, which shall be submitted to the City Engineer for approval.
(b) Sign design. In order to ensure consistency in buffer sign design, the developer or property owner shall order buffer signs from the City of Waseca. It shall be the responsibility of the developer or property owner to install wetland buffer signs and to pay all costs associated with construction of the signs.
(c) Buffer sign installation. Once obtained from the City of Waseca, wetland buffer signs shall be installed as follows:
1. The sign shall be bolted or screwed to a four-inch square treated or cedar post or green steel post installed to a height of four feet above grade and set at least 42 inches into the ground.
2. The printed side of the sign shall face the development side of the property.
(I) Setback from wetland buffer.
(1) All buildings (principal or accessory) and structures, except as provided elsewhere in this subdivision, must be set back at minimum of 20 feet from the outer wetland buffer line. Exceptions to the setback requirement include play structures, uncovered porches, decks, patio slabs, open terraces, stairways, and walkways, which shall be allowed to extend up to ten feet into the required buffer.
(2) Parking areas and driveways must be setback a minimum of ten feet from the outer wetland buffer line.
(3) A wetland buffer setback is not required for overhead utility poles and lines that are less than two feet in diameter, underground utility lines and distribution equipment, light poles, traffic signals, traffic regulatory signs, wetland buffer signs, mailboxes, and other equipment that provides an essential public service.
(4) A wetland buffer setback is not required for fences or retaining walls.
(5) An existing improvement meeting the required setback from a wetland buffer area is considered legal nonconforming if at a later date a new wetland delineation or implemented wetland buffer results in the improvement being closer than the required setback from the new wetland buffer location.
(J) Dedication to city. All land areas containing wetlands and the required wetland buffer shall be dedicated as a conservation easement or platted as an outlot and deeded to the city to become part of the stormwater management system.
(Ord. 1040, passed 1-5-16)