Woodbury City Zoning Code

ARTICLE III

ZONING DISTRICTS AND DISTRICT REGULATIONS2

Footnotes:

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Editor's note— Ord. No. 1858, § 1858.01, adopted September 26, 2012, repealed the former Art. III, §§ 24-130—24-147, and enacted a new Art. III as set out herein. The former Art. III pertained to similar subject matter and derived from Mins. of 6-27-2001; Ord. No. 1731, 8-27-2002; Ord. No. 1754, § 1754.02, 9-22-2004; Ord. No. 1768, § 1768.01, 1-11-2006; Ord. No. 1778, §§ 1778.03—1778.05, 9-27-2006; Ord. No. 1794, § 1794.01, 8-8-2007; Ord. No. 1795, § 1795.02, 10-24-2007; Ord. No. 1796, § 1796.04, 11-29-2007; Ord. No. 1802, § 1802.01, 3-31-2008; Ord. No. 1803, § 1803.01, 5-14-2008; Ord. No. 1825, §§ 1825.01—1825.14, 10-14-2009; Ord. No. 1830, § 1830.01, 1-27-2010; Ord. No. 1854, § 1854.01, 6-27-2012.

Sec. 24-130.- Zoning districts created.

(a)

The zoning districts are so designed as to assist in carrying out the intents and purposes of the comprehensive plan which has the purpose of protecting the public health, safety, convenience and general welfare.

(b)

With the exception of the permitted, accessory and conditional uses listed in both the R-1, urban reserve district and the R-2, rural estate district, no urban development will be permitted outside the metropolitan urban service area (MUSA) until public sanitary sewer and municipal water is extended into the area consistent with the comprehensive plan.

(c)

The city is divided into the following zoning districts:

Symbol	Name
R-1	Urban reserve district.
R-2	Single-family estate district.
R-4	Urban residential district.
B-1	Office park district.
MC	Medical campus district.
NC	Neighborhood commercial district.
B-2	General business district.
B-3	Planned shopping center district.
B-4	Office warehouse district.
FC-1	Freeway corridor mixed use district.
FC-2	Freeway corridor special impact district.
GW	Gateway district.
BC	Business campus district.
I-1	Light industrial district.
CC	City center.
MX	Mixed use district.
SH	Shoreland overlay district.

(Ord. No. 1858, § 1858.01, 9-26-2012)

Sec. 24-131. - Zoning map.

(a)

The location and boundaries of the districts established by this chapter are set forth on the zoning map which is hereby incorporated as part of this chapter. A copy of the official zoning map shall be kept in the zoning administrator's office. It is the responsibility of the zoning administrator to continually maintain and update this map. Any amendments to the zoning map shall be recorded on such map within 30 days after the adoption by the city council.

(b)

District boundary lines recorded on the map are intended to follow lot lines, the centerlines of freeways, thoroughfares, streets or alleys, the centerlines of streets or alleys projected, power line or pipeline right-of-way lines, the center of water courses or the corporate limits lines as they exist at the time of the enactment of this chapter.

(c)

Whenever any street, alley, or other public way is vacated, the zoning district adjoining that of such vacated street, alley or public way shall be automatically extended to the center of such vacated area and all area included therein shall be subject to all regulations of the extended district.

(d)

Any areas shown on the zoning map as park, playground, school, cemetery, water, etc., shall be subject to the zoning regulations of the district in which they are located. In case of doubt, the zoning regulations of the most restricted adjoining district shall govern.

(e)

All territory which may hereafter be annexed to the city shall be considered zoned in the same manner as the contiguous territory inside the previous city limits until otherwise classified.

(Ord. No. 1858, § 1858.01, 9-26-2012)

Sec. 24-132. - R-1 urban reserve district.

(a)

Purpose and scope. This section applies to the R-1, urban reserve district. The main purpose of this district is to encourage existing productive agricultural areas to remain in agricultural uses and to allow limited rural residential development on large parcels of land. This district is also designed to serve as a rural holding area until such time that urban services are available per the comprehensive plan and any amendments thereto. It is planned that at some future time, these lands will be rezoned to allow urbanized uses. Land areas zoned R-1 are shown as "Places to Live, Low Density Residential" and "Places to Live, Urban Reserve" on the comprehensive plan and any amendments thereto.

(b)

Permitted uses. Permitted uses are as follows:

Agricultural building.

Agricultural use.

Essential services including power lines less than 35 KV.

Historic site.

Nursery, horticultural.

Open space, public or private.

Residential care facility serving six or fewer persons.

Single-family detached dwelling.

(c)

Permitted accessory uses. Permitted accessory uses are as follows:

Accessory structures in accordance with section 24-281.

Daycare, home-based and licensed, serving 12 or fewer persons.

Daycare, licensed, within a place of worship or school.

Drainage and irrigation system.

Ground source heat pump system in accordance with section 24-404.

Home business in accordance with section 24-263.

Retail sales accessory to golf course/driving range, ice arena or park facility.

Satellite dish for residential use.

Solar energy system in accordance with section 24-406.

Temporary seasonal roadside stand not to exceed one per farm selling only products produced on that farm.

Wind energy system on lots at least three acres in size up to 60 feet in height in accordance wi

(d)

Conditional uses. Conditional uses are as follows:

Accessory uses for a place of worship or school in addition to those listed as permitted may be allowed as a conditional use.

Cemetery.

Daycare, home-based and licensed, serving from 13 to 16 persons.

Golf course, driving range.

Government use.

Place of worship in accordance with section 24-303.

Power line 35 KV or above.

Radio and television broadcast transmitting antenna and supporting towers and structures in the north half of the southwest quarter of section 35, township 28 north, range 21 west.

Residential care facility serving from seven to 16 persons.

School in accordance with section 24-303.

(e)

Interim conditional uses. Interim conditional uses are as follows:

Agricultural service.

Compost site.

Home business, parking and storage of business equipment and vehicles in accordance with section 24-264.

Horse boarding/training.

Kennel.

Mining in accordance with chapter 18.

Telecommunication tower in accordance with article VI, division 4.

Wind energy system on lots at least three acres in size up to 120 feet in height in accordance with section 24-405.

(f)

Zoning district standards.

(1)

Minimum lot area: 20 acres provided that a parcel of more than three acres and less than 5 acres may be created as a minor subdivision as long as the following criteria is met:

The initial parcel is 20 acres or more in size and must be a parcel of record as of the date of this chapter and must have an inhabited residential structure.

Only one minor subdivision from the initial parcel is allowed until the property receives full public utilities.

The existing residential dwelling must be on the smaller of the two parcels.

Original accessory buildings can be on larger lot but must meet R-1 setbacks.

Two hundred feet of street frontage is required for each parcel.

Existing buildings must meet current setback standards from the new property lines.

No residential building permit shall be issued on the larger property unless the property is platted and all area utility charges are paid in full and a "ghost" plat is submitted showing how the area around the proposed home site can be subdivided in the future.

All area charges in effect at the time of the subdivision shall be paid on the smaller newly created lot.

The applicant shall prepare a "ghost" plat showing how the smaller lot may be subdivided in the future.

Lots of record that are less than 20 acres but are five acres or more with at least 20 feet of frontage on a public right-of-way as of the effective date of this chapter shall be considered a buildable lot and shall not be subject to the minimum frontage requirements in subsection (b)(1).

Lots created solely for municipal utility facilities shall not be subject to minimum lot width, depth and area requirements.

(2)

Minimum lot width: 500 feet.

(3)

Minimum lot frontage: 500 feet on a public street.

(4)

Access: Maximum of two public street accesses per lot.

(5)

Maximum height: Two and one-half stories or 35 feet, except for silos, grain elevators, water towers, spires, or similar uses.

(6)

Minimum front yard setback: 50 feet.

(7)

Minimum side yard setback: 25 feet.

(8)

Minimum rear yard setback: 50 feet.

(9)

Minimum setback, buildings housing livestock or kennels: 125 feet from all property lines.

(10)

Maximum building coverage: 35 percent.

(Ord. No. 1858, § 1858.01, 9-26-2012; Ord. No. 1913, § 1, 4-27-2016; Ord. No. 1957, § 2, 12-12-2018)

Sec. 24-133. - R-2 single-family estate district.

(a)

Purpose and scope. This section applies to the R-2 single-family estate district. This district is created to allow for a low-density semi-rural life style in areas which because of the topography and vegetation are not suitable for either large-scale agriculture or urban residential development. To minimize soil erosion and protect wooded areas, the most suitable use of this land is for single-family homes on larger lots. These areas are designed to be served by private water and sanitary sewer systems except where municipal services may be available from adjacent communities. These areas are shown as "Places to Live, Rural Estate" or "Places to Live, Urban Estate" on the comprehensive plan or amendments thereto.

(b)

Permitted uses. Permitted uses are as follows:

Agricultural building existing on April 14, 1971.

Agricultural use existing on April 14, 1971.

Cemetery existing as of September 12, 2012.

Essential services including power lines under 35 KV.

Historic site.

Open space, public or private.

Residential care facility serving six or fewer persons.

Single-family detached dwelling.

(c)

Permitted accessory uses. Permitted accessory uses are as follows:

Accessory structures in accordance with section 24-281.

Daycare, home-based and licensed, serving 12 or fewer persons.

Daycare, licensed, within a place of worship or school.

Ground source heat pump in accordance with section 24-404.

Home business in accordance with section 24-263.

Retail sales accessory to golf course/driving range, ice arena or park facility.

Satellite dish for residential use.

Solar energy system in accordance with section 24-406.

Temporary seasonal roadside stand not to exceed one per farm selling only products grown on that farm.

Wind energy system on lots at least three acres in size up to 45 feet in height in accordance with section 24-405.

(d)

Conditional uses. Conditional uses are as follows:

Accessory uses for a place of worship in addition to those listed as permitted may be allowed as a conditional use.

Cluster development as part of a planned unit development.

Daycare, home-based and licensed, serving from 13 to 16 persons.

Golf course, driving range.

Government use.

Place of worship in accordance with section 24-303.

Planned unit development in accordance with article IV.

Residential care facility serving seven through 16 persons.

(e)

Interim conditional uses. Interim conditional uses are as follows:

Compost site.

Home business, parking and storage of business equipment and vehicles, in accordance with section 24-264.

Kennel.

Telecommunication tower in accordance with article VI, division 4.

Wind energy system on lots at least three acres in size up to 75 feet in height in accordance with section 24-405.

(f)

Zoning district standards.

(1)

Minimum lot area: Three acres exclusive of water bodies and wetlands except that lots existing as of the date of this chapter, less than three acres but more than one acre, shall be considered a buildable lot.

(2)

Minimum lot width:

200 feet, unplatted.

160 feet, platted.

80 feet at the setback line for culs-de-sac, platted.

(3)

Minimum lot depth: 200 feet provided, however, that the depth of any lot in a subdivision or in a cluster development shall not exceed three times the lot's width.

(4)

Additional standards, flag lot:

The flag lot shall have a minimum of 160 feet of width measured at the front setback line.

The "pole" of the flag lot shall be a minimum of 25 feet in width.

(5)

Access: Maximum of two accesses per lot on a public street.

(6)

Maximum height: 40 feet.

(7)

Minimum front yard setback, all lots: 50 feet.

(8)

Minimum rear yard setback, all lots: 50 feet.

(9)

Minimum side yard setback, standard lot:

Main building: 25 feet.

Garage: 20 feet.

(10)

Minimum side yard setback, flag lot:

Main building: 50 feet.

Garage: 50 feet.

(11)

Minimum setback, buildings housing livestock or kennels: 125 feet from all lot lines.

(12)

Maximum building coverage: 35 percent.

(Ord. No. 1858, § 1858.01, 9-26-2012; Ord. No. 1957, § 3, 12-12-2018)

Sec. 24-134. - R-4 urban residential district.

(a)

Purpose and scope. This section applies to the R-4 urban residential district. This district is created to provide an adequate amount of land to meet the demand for urban residential development. These areas will require public sewer and water systems which will be extended to encourage staged and orderly growth in the city in conformance to the comprehensive plan or amendments thereto. These lands are shown as "Places to Live, High Density Residential", "Places to Live, Medium Density Residential" or "Places to Live, Low Density Residential" on the comprehensive plan or amendments thereto. Maximum density shall be consistent with the base density in the comprehensive plan unless increased using a density bonus through an approved planned unit development.

(b)

Permitted uses. Permitted uses are as follows:

Agricultural building existing on April 14, 1971.

Agricultural use existing on April 14, 1971.

Essential services including power lines under 35 KV.

Historic site.

Open space, public or private.

Residential care facility serving six or fewer persons.

Single-family detached dwelling on a platted lot.

Single-family detached dwelling on an unplatted lot not less than 20 acres with a width of not less than 500 feet.

Single-family detached dwelling on an unplatted lot of record less than 20 acres in existence as of September 12, 2012.

(c)

Permitted accessory uses. Permitted accessory uses are as follows:

Accessory structures in accordance with section 24-281.

Common property to a multiple family complex or planned unit development.

Daycare, home-based and licensed, serving 12 or fewer persons.

Ground source heat pump systems in accordance with section 24-404.

Home business in accordance with section 24-263.

Retail sales accessory to golf course/driving range, ice arena or park facility.

Satellite dish for residential use.

Solar energy system in accordance with section 24-406.

Temporary seasonal roadside stand not to exceed one per farm selling only products grown on that farm.

Wind energy system on lots at least 20 acres in size up to 45 feet in height in accordance with section 24-405.

(d)

Conditional uses. Conditional uses are as follows:

Accessory uses for a place of worship or school in addition to those listed as permitted may be allowed as a conditional use.

Assisted living facility serving 16 or more persons.

Cemetery in existence as of September 26, 2012.

Daycare, accessory to a place of worship or school.

Daycare, home-based and licensed, serving from 13 to 16 persons.

Daycare, licensed, serving more than 16 persons along a collector or arterial street.

Golf course, driving range.

Government use.

Historic reuse ancillary to the primary residential use limited to: tearoom with scheduled events; indoor or outdoor wedding receptions and socials as scheduled events; bed and breakfast; and catering kitchen.

Multiple-family dwelling in accordance with section 24-309.

Place of worship in accordance with section 24-303.

Planned unit development in accordance with article IV.

Residential care facility serving from seven to 16 persons.

Single-family attached dwelling.

School in accordance with section 24-303.

(e)

Interim conditional uses. Interim conditional uses are as follows:

Farmers' market in accordance with section 24-265.

Telecommunications tower in accordance with article VI, division 4.

Wind energy system on lots at least 20 acres in size up to 75 feet in height in accordance with section 24-405.

(f)

Zoning district standards.

(1)

Minimum lot area:

Single-family detached dwellings, unplatted: 20 acres.

Single-family detached dwellings, platted: 10,000 square feet with a minimum buildable area of 4,000 square feet.

Single-family attached dwellings:

Duplex: An average of 6,000 square feet per unit.

Townhouse: An average of 4,500 square feet per unit.

Quadplex: An average of 4,500 square feet per unit.

Multiple-family dwellings:

(i)

Efficiency: 2,300 square feet (maximum five percent efficiency units).

(ii)

One-bedroom: 2,925 square feet.

(iii)

Two-bedroom: 3,600 square feet.

(iv)

Three-bedroom: 4,275 square feet.

(2)

Minimum lot width: 80 feet.

(3)

Minimum lot depth: 125 feet unless the rear lot line abuts a collector or arterial street then the minimum lot depth shall be 160 feet.

(4)

Maximum lot depth: The depth of any lot in a subdivision shall not exceed three times the lot's width.

(5)

Access: Maximum of two accesses per residential lot on a public street.

(6)

Maximum height: Three stories or 40 feet.

(7)

Minimum front yard setback: 35 feet, unless the front yard abuts an existing or future collector or arterial street, then the minimum front yard shall be 50 feet from the anticipated future right-of-way.

(8)

Minimum side yard setback:

From residential street: 20 feet.

From major road (collector or arterial street): 50 feet.

From interior lot line: Ten feet.

From interior lot line: If a garage, five feet.

When the garage and the living unit align, or a portion of the living unit is above the garage, the side yard setback to the structure on the garage side shall be five feet.

(9)

Minimum rear yard setback: 35 feet unless the rear yard abuts an existing or future collector or arterial street, then the minimum rear yard shall be 50 feet from the anticipated future right-of-way.

(10)

Maximum building coverage: 35 percent.

(Ord. No. 1858, § 1858.01, 9-26-2012; Ord. No. 1957, § 4, 12-12-2018)

Sec. 24-135. - B-1 office park district.

(a)

Purpose and scope. This section applies to the B-1 office park district. This district is intended to promote the development of well-designed and attractive businesses such as corporate offices, professional offices, clinics and other similar uses serving local or regional needs. Many areas in this district are located along I-494 and I-94 with great visibility for signature developments and a large employment base. Alternatively, this district may be used as a transition or buffer between residential and more intensive uses or heavily traveled transportation routes. The office uses allowed in this district are those in which there is limited contact with the public and no window or exterior display of merchandise, but with limited retail sales. This district is shown as "Places to Work" on the comprehensive plan.

(b)

Permitted uses. Permitted uses are as follows:

Bank without drive-through facilities or drive-up automated teller machines.

Business service.

Clinic for human care including medical and dental clinics.

Commercial recreation, 5,000 square feet or less in floor area, when located within a multi-tenant building.

Essential services.

Office use.

Outpatient surgical center.

Personal service, 5,000 square feet or less in floor area, when located within a multi-tenant building.

Place of assembly, 100 seats or less, when located within a multi-tenant building.

Place of worship, 100 seats or less, when located within a multi-tenant building.

Teaching or training facility without outdoor areas, equipment or storage for training or instruction.

Veterinary use not including outdoor runs or kennels.

(c)

Permitted accessory uses. Permitted accessory uses are as follows:

(1)

Exterior.

Off-street parking and loading in accordance with article V, division 1.

Signs in accordance with chapter 18.5.

Electrical generator subject to screening requirements in section 24-265(d)(5) and noise mitigation in accordance with state requirements.

Bicycle racks.

Ground source heat pump system in accordance with section 24-404.

Solar energy system in accordance with section 24-406.

Transit shelter.

(2)

Interior as an accessory to the primary use of a building.

Coffee shop/deli/flower, magazine or gift shop.

Cafeteria not open to the general public.

Community room/meeting room/conference room.

Pharmacy or medical equipment sales or rental accessory to a medical office, clinic or hospital.

Accessory use or retail sales which are customarily incidental and clearly subordinate to the primary use.

(3)

Permitted accessory uses within a hotel and/or conference center with limited exterior signage approved as part of a conditional use permit such as:

Athletic club.

Restaurant, class I or class II.

Retail use or personal service.

Car rental without vehicles occupying off-street parking otherwise required by city ordinance, not to exceed an inventory of ten vehicles per rental agency

Banquet facility.

Theater.

(d)

Conditional uses. Conditional uses are as follows:

Ambulance or medical carrier service.

Bank with drive-through facilities and/or drive-up automated teller machines.

Daycare facility.

Funeral home.

Government use.

Hospital for human care.

Hotel and/or conference center.

Laboratory, dental, medical or research and development.

Nursing home.

Parking deck or ramp in accordance with section 24-312.

Place of assembly, greater than 100 seats.

Place of worship, greater than 100 seats.

Planned unit development in accordance with article IV.

Repair garage existing as of July 1, 1989.

Restaurant, class I.

(e)

Zoning district standards:

(1)

Minimum lot area: One and one-half acres.

(2)

Minimum lot width: 160 feet.

(3)

Maximum lot depth: 300 feet.

(4)

Access: Maximum of two accesses per lot to a local street, access to a collector and/or arterial street per access management requirements of applicable jurisdiction.

(5)

Maximum height: 60 feet.

(6)

Minimum front yard setback: 50 feet.

(7)

Minimum side yard setback: 20 feet, unless the side yard abuts an existing or future collector or arterial street, then the minimum side yard shall be 50 feet from the anticipated future right-of-way.

(8)

Minimum rear yard setback: 30 feet, unless the rear yard abuts an existing or future collector or arterial street, then the minimum rear yard shall be 50 feet from the anticipated future right-of-way.

(9)

Impervious surface coverage: 70 percent.

(10)

Screening through additional setback, berms, landscaping buffer strips or fencing may be required in any side or rear yard adjacent or across the street from a residential district in accordance with section 24-241.

(11)

No accessory buildings shall exceed the height of a principal building.

(12)

No outdoor display, sales or storage shall be allowed.

(Ord. No. 1858, § 1858.01, 9-26-2012)

Sec. 24-136. - MC medical campus district.

(a)

Purpose and scope. This section applies to the MC medical campus district. This district is shown as "Places to Work" on the comprehensive plan. The intent of this district is to encourage and foster the planning, design and construction of a well-functioning, attractive medical campus environment that:

(1)

Encourages the development of medically-related uses which, by their interrelationship, benefit by proximity;

(2)

Provides an appropriate and healing setting for delivering high quality healthcare services;

(3)

Creates well-designed development with a unified feel while providing flexibility in placement and clustering of buildings, use of open space, provision for pedestrian and traffic circulation, parking, transit facilities and related site and design considerations; and

(4)

Ensures future capacity for the placement of medical facilities to meet the evolving healthcare needs of the city and the region.

(b)

Permitted uses. Permitted uses are as follows:

Business service.

Clinic for human care including medical or dental clinics.

Diagnostic or imaging centers for human care.

Essential services.

Hospice.

Laboratory, dental, medical or research and development.

Medical equipment supply, leasing or rental.

Office use.

Outpatient surgical center.

Retail shopping center in existence as of May 14, 2008.

(c)

Permitted accessory uses. Permitted accessory uses are as follows:

(1)

Exterior as an accessory use to the primary use.

Off-street parking and loading area subject to article V, division 1.

Signs subject to chapter 18.5.

Central utility plant and electrical generator subject to screening requirements in section 24-265(d)(5) and noise mitigation in accordance with state requirements.

Public transportation facilities.

Bicycle racks.

Ground source heat pump system in accordance with section 24-404.

Solar energy system in accordance with section 24-406.

(2)

Interior as an accessory use to the primary use.

Daycare facility.

Supporting retail and service use up to ten percent of the building's gross floor space.

Community room.

Wellness, fitness or exercise facility.

Educational facilities such as conference rooms, classrooms, laboratories or libraries.

Chapel.

(d)

Conditional uses. Conditional uses are as follows:

Additional building height in accordance with subsection (f)(4) in this section.

Ambulance or medical carrier service.

Government use.

Helipad or helistop in conjunction with a hospital.

Hospital for human care.

Nursing home.

Parking deck/ramp.

Planned unit development.

(e)

Compatible uses. Other uses as deemed compatible and appropriate by the director of community development. Where a question arises as to the compatibility of a use, the director of community development shall refer the issue to the planning commission. The planning commission shall make a recommendation to the city council, who shall make a final determination as to whether a proposed use is to be allowed; is compatible as a permitted use or conditional use; is compatible as an accessory use; or is a use that may be added to a specific planned unit development within the medical campus district.

(f)

Zoning district standards:

(1)

Minimum lot area: Three acres.

(2)

Minimum lot width: 200 feet.

(3)

Maximum lot depth: 300 feet.

(4)

Maximum height: 75 feet. Additional height may be allowed as a conditional use provided that:

For properties immediately adjacent to residentially zoned property, setbacks requirements from the shared property line shall be increased at least by one foot for each additional five feet of building height above the maximum building height allowed by this section.

Proximity to residential property shall be a factor in considering the application for a conditional use permit.

(5)

Minimum front yard setback: 50 feet.

(6)

(7)

Minimum rear yard setback: 30 feet, unless the rear yard abuts an existing or future collector or arterial street, then the minimum side yard shall be 50 feet from the anticipated future right-of-way.

(8)

Maximum impervious surface site coverage: 70 percent.

(9)

Existing lots of record as of May 14, 2008 shall be considered conforming for the purposes of this chapter.

(10)

Screening. The city may require screening (through berms, landscaping or fencing) of any side or rear yard immediately adjacent to a residential district.

(11)

Parking. Off-street parking for separate uses may be provided collectively if the total number of spaces is not less than the sum of the separate requirements for each such use unless a reduction in required parking is allowed through the planned unit development process.

(12)

Architectural review. Architectural review shall be in conformance with the requirements of section 24-265 and the following additional standards:

The city may require exterior materials and/or architectural design that exceed the minimum requirements of this chapter through the planned unit development process.

The intent of the architectural review is to ensure that architectural features and building designs contribute to a cohesive image and identity for the medical campus district.

Exterior materials, colors, accents, styles and rooflines shall be compatible with the purpose and intent of this district.

All exterior building and accent materials shall be of a color(s) compatible with other buildings within the district and have comparable color intensity/value. Acceptable colors consist of neutral earth tone colors such as brown, gray, tan, umber, mahogany, terra cotta, forest green, burgundy or dark blue.

(13)

Site design elements. Landscaping, lighting, signage and other site design elements shall be in conformance with the requirements of this chapter and shall contribute to a cohesive image and identity for the medical campus district. Internal and external sidewalk and/or trail connections shall be provided for safe and convenient pedestrian movements. Provision for existing or future transit service shall be provided where appropriate.

(14)

Accessory buildings. No accessory buildings shall exceed the height, floor space or footprint of a principal building.

(15)

Outdoor display or storage. No outdoor display, sales or storage shall be allowed.

(16)

Refuse and recycling. All waste material, refuse, garbage or recycling shall be kept indoors or in an enclosed building constructed of the same materials as the principal structure and properly contained in a closed container designed for such purposes. The size of refuse and recycling areas shall be based on the requirements in this chapter.

(g)

Planned unit development. A planned unit development shall be required for any proposed development or redevelopment of ten acres or greater.

(h)

Additions or modifications to existing retail shopping centers. Existing retail centers within the medical campus district may be maintained, rehabilitated, remodeled or modified up to ten percent of gross floor space existing as of May 14, 2008 but shall not otherwise be expanded or reconstructed. Uses allowed in existing retail shopping centers shall conform to the allowed uses in the B-2 general business district.

(i)

Other requirements. The city council may apply additional requirements as necessary to implement the purpose of this district and the comprehensive plan.

(Ord. No. 1858, § 1858.01, 9-26-2012)

Sec. 24-137. - NC neighborhood commercial district.

(a)

Purpose and scope. This section applies to the NC neighborhood commercial district. This district is created to efficiently and effectively serve existing and future Woodbury neighborhoods with basic shopping needs such as gas, retail services, personal services, restaurants and other neighborhood-oriented businesses. These areas are shown as "Places to Shop" on the comprehensive plan.

(b)

Permitted uses. Permitted uses are as follows:

Bank without drive-through facilities and/or drive-up automated teller machines.

Business service.

Commercial recreation, 5,000 square feet or less in floor area, when located within a multi-tenant building.

Essential services.

Office use.

Personal service when located within a multi-tenant building.

Place of assembly, 100 seats or less, when located within a multi-tenant building.

Place of worship, 100 seats or less, when located within a multi-tenant building.

Retail use up to 20,000 square feet in floor area.

(c)

Permitted accessory uses. Permitted accessory uses are as follows:

Bicycle racks.

Ground source heat pump systems in accordance with section 24-404.

Off-street parking and loading in accordance with article V, division 2.

Refuse and recycling storage area in accordance with 24-252.

Signs in accordance with chapter 18.5.

Solar energy systems in accordance with section 24-406.

Transit shelters.

(d)

Conditional uses. Conditional uses are as follows:

Bank with drive-through facilities and/or drive-up automated teller machines in accordance with section 24-308.

Clinics for human care.

Daycare facility.

Government use.

Motor fuel station in accordance with section 24-310.

Motor vehicle wash accessory to a motor fuel station.

Planned unit development in accordance with article IV.

Restaurant, class I or class II.

Teaching or training facility without outdoor areas, equipment or storage for training or instruction.

(e)

Zoning district standards.

(1)

Minimum lot area: Three acres.

(2)

Maximum lot area: Ten acres.

(3)

Minimum lot width: 150 feet.

(4)

Minimum lot depth: 140 feet; provided, however that the depth of any lot in a minor subdivision shall not exceed three times the lot's width.

(5)

Access: Maximum of two accesses per lot to a local street, access to a collector and/or arterial street per access management requirements of applicable jurisdiction.

(6)

Maximum height: Three stories or 40 feet.

(7)

Minimum front yard setback: 50 feet.

(8)

Minimum side yard setback: 30 feet, unless the side yard abuts an existing or future collector or arterial street, then the minimum side yard shall be 50 feet from the anticipated future right-of-way.

(9)

Minimum rear yard setback: 35 feet, unless the rear yard abuts an existing or future collector or arterial street, then the minimum rear yard shall be 50 feet from the anticipated future right-of-way.

(10)

Maximum impervious surface coverage: 70 percent.

(11)

(12)

No outdoor display, sales or storage shall be allowed except in accordance with section 24-310.

(Ord. No. 1858, § 1858.01, 9-26-2012)

Sec. 24-138. - B-2 general business district.

(a)

Purpose and scope. This section applies to the B-2 general business district. This district is created to allow areas with a wide variety of business uses including retail and service uses. As such, these areas may contain businesses which tend to serve other businesses and industry as well as those catering to shopper needs. These areas are shown as "Places to Shop" on the comprehensive plan.

(b)

Permitted uses. Permitted uses are as follows:

Bank without drive-through facilities and/or drive-up automated teller machines.

Business service.

Cannabis retailer.

Clinic for human care.

Commercial recreation use, 5,000 square feet or less in floor area, when located within a multi-tenant building.

Essential services.

Laboratory, dental or medical.

Office use.

Outpatient surgery center.

Personal service.

Place of assembly, 100 seats or less, when located within a multi-tenant building.

Place of worship, 100 seats or less, when located within a multi-tenant building.

Retail use up to 20,000 square feet in floor area.

Teaching or training facility without outdoor areas, equipment or storage for training or instruction.

(c)

Permitted accessory uses. Permitted accessory uses are the same as allowed in the B-1 district, section 24-135(c). In addition, the following are also permitted accessory uses:

Adult use in accordance with section 11-300.

Wind energy system on lots at least one and one-half acres in size up to 45 feet in height in accordance with section 24-405.

(d)

Conditional uses. Conditional uses are as follows:

Additional height in accordance with (f)(5) of this section.

Bank with drive-through facilities and/or drive-up automated teller machines.

Commercial recreation use in a free-standing building or greater than 5,000 square feet in floor area.

Day care facility.

Drive-through business.

Funeral home.

Government use.

Hotel/motel.

Laboratory, research and development.

Motor fuel station in accordance with section 24-310.

Motor vehicle wash.

Nursery, commercial.

Parking deck/ramp in accordance with section 24-312.

Place of assembly, greater than 100 seats.

Place of worship, greater than 100 seats.

Planned unit development in accordance with article IV.

Repair garage.

Repair of household equipment and small engine repair.

Restaurant, class I and class II.

Retail store in excess of 20,000 square feet in floor area.

Theater, excluding drive-ins.

Veterinary use not including outdoor runs or kennels.

Other uses not otherwise identified herein as a permitted use, an accessory use or a conditional use may be approved by the city council as a conditional use permit.

(e)

Interim conditional uses. Interim conditional uses are as follows:

Outdoor temporary/seasonal sales or farmer's market in accordance with section 24-265 in shopping centers over 100,000 square feet in floor area.

Wind energy system on lots at least one and one-half acres in size up to 75 feet in height in accordance with section 24-405.

(f)

Zoning district standards.

(1)

Minimum lot area: One and one half acres.

(2)

Minimum lot width: 150 feet.

(3)

Minimum lot depth: 140 feet; provided, however that the depth of any lot in a minor subdivision shall not exceed three times the lot's width.

(4)

Access: Maximum of two accesses per lot to a local street, access to a collector and/or arterial street per access management requirements of applicable jurisdiction.

(5)

Maximum height: 45 feet. Additional height may be allowed as a conditional use provided that:

For properties immediately adjacent to residentially zoned property, setback requirements from the shared property line shall be increased at least by one foot for each additional five feet of building height above the maximum building height allowed by this section.

Proximity to residential property shall be a factor in considering the application for a conditional use permit.

(6)

Minimum front yard setback: 50 feet.

(7)

(8)

(9)

Maximum impervious surface coverage: 70 percent.

(Ord. No. 1858, § 1858.01, 9-26-2012; Ord. No. 2062, § 2, 10-23-2024)

Sec. 24-139. - B-3 planned shopping center district.

(a)

Purpose and scope. This zoning classification is primarily reserved for community or regional shopping centers with integrated site and building design in appropriate locations using a planned unit development conditional use permit. These districts are indicated on the comprehensive plan as "Places to Shop" and are intended to allow maximum flexibility in development.

(b)

Permitted uses. Permitted uses are as follows:

Bank without drive-through facilities and/or drive-up automated teller machines in accordance with section 24-308.

Business service.

Cannabis retailer.

Clinic for human care.

Commercial recreation use, 5,000 square feet or less, when located within a multi-tenant building.

Essential services.

Office use.

Other permitted uses as approved in a planned unit development (PUD).

Outpatient surgery center.

Personal service.

Retail use.

Teaching or training facility without outdoor areas, equipment or storage for training and instruction.

(c)

Permitted accessory uses. Permitted accessory uses are the same as allowed in the B-1 district, section 24-135(c). In addition, the following are also permitted accessory uses:

Adult uses in accordance with section 11-300.

(d)

Conditional uses. Conditional uses are as follows:

Bank with drive-through facilities and/or drive-up automated teller machines in accordance with section 24-308.

Day care facility.

Drive-through business in accordance with section 24-308.

Government use.

Hotel/motel.

Motor fuel station in accordance with section 24-310.

Motor vehicle wash.

Nursery, commercial.

Other conditional uses as approved in a PUD.

Parking decks/ramps in accordance with section 24-312.

Planned unit development in accordance with article IV.

Restaurant, class I and class II.

Theater, excluding drive-ins.

(e)

Interim conditional uses. Interim conditional uses are as follows:

Outdoor display or sale conducted by an occupant of the shopping center in excess of ten days duration.

Outdoor/temporary/seasonal sale or farmer's market in accordance with section 24-265 in shopping centers over 100,000 square feet in floor area.

(f)

Zoning district standards.

(1)

An overall planned unit development concept plan shall be submitted by the developer and approved by the city including, but not limited to, identifying land uses, building locations, architectural style of all structures, parking, driveways, landscaping and screening and adequate spaces for future community facilities when the facilities are to be part of the center.

(2)

Minimum lot size: Parent parcel: 20 acres, minimum lot size after subdivision: one and one-half acres.

(3)

Minimum lot width: 150 feet.

(4)

Minimum lot depth: 140 feet. The depth of any lot in a subdivision shall not exceed three times the lot's width.

(5)

Access: Maximum of two accesses per parent parcel to a local street, access to a collector and/or arterial street per access management requirements of applicable jurisdiction.

(6)

Maximum height: 45 feet.

(7)

Minimum front yard setback: 50 feet.

(8)

(9)

(10)

Maximum impervious surface coverage: 70 percent.

(g)

Performance standards for places to shop within the urban village master plan study area. This section establishes minimum standards for areas designated "Places to Shop" in the comprehensive plan and within the Urban Village Master Plan study area. All planned unit developments approved shall address the following additional performance standards:

(1)

Site design.

An overall site amenity theme and materials palette shall be approved as a part of the planned unit development including such things as public gathering spaces, lighting, signage, paving treatments, decorative walkways, public art, benches, fencing or other elements that improve design cohesiveness and create a sense of place.

An attractive transition shall be provided between commercial development and adjacent mixed use or residential developments.

A network of sidewalks and trails shall be developed through the commercial area, to connect from a potential grade-separated pedestrian/bike crossing near the existing intersection of Bailey Road and Radio Drive and an at-grade pedestrian crossing at the intersection of Radio Drive and Hargis Parkway. Large parking lots shall provide landscaped sidewalk or trail connections outside of drive aisles.

A pedestrian-friendly environment shall be achieved by clustering structures, orienting buildings to walkways and appropriately locating parking lots, driveways, loading docks and services areas.

Outdoor seating and gathering areas shall be used as amenities through the project area. Stormwater management facilities and perennial gardens shall be used as amenities where appropriate.

Loading docks or delivery doors shall be placed to reduce visibility from residential areas or public streets. For buildings with visibility of loading docks from several public streets, loading docks/delivery doors shall be placed adjacent to the least visible roadway with screening as required in section 24-247.

Driveways shall be consolidated so as not to duplicate traffic movements and to minimize internal/external street/driveway conflicts.

Bicycle racks shall be located in designated areas that do not occupy parking stalls or landscape islands.

Drive-through restaurants shall have dedicated drive-through lanes separated from customer parking. Stacking from the drive-through window must accommodate a minimum of 12 vehicles in either single or double drive-through lanes.

(2)

Building size and orientation.

Building positions throughout the planned unit development shall be made to give prominent visual interest to buildings rather than parking areas.

Larger buildings are preferable to smaller buildings. Smaller uses should be consolidated into multi-tenant buildings. No building within the commercial area shall be less than 4,000 square feet in floor area except that clustering of smaller buildings or other site design or architectural techniques that increase visual mass may be used to meet this requirement. In addition, fully landscaped outdoor patios or plazas of at least 500 square feet in area with decorative features such as fencing, pergolas, fountains, public art or similar elements may be used toward building square footage for the purposes of this section.

Any large anchor retail building shall be oriented diagonally and facing toward the intersection of Bailey Road and Radio Drive and maintain a view corridor to this building from the intersection.

Storefronts shall be oriented to face commercial streets, outdoor plazas or stormwater management areas.

Storefront facades in the southwest corner of the commercial area shall be integrated with street-oriented facades on adjacent mixed use streets.

(3)

Architecture. In addition to the standards in section 24-235, the following architectural requirements are required:

An overall architectural theme and building materials palette shall be approved as a part of the planned unit development. Multiple buildings within the project shall be designed to complement each other as well as buildings in the area and shall be built of similar materials or better.

A minimum of 70 percent Class I materials is required for each façade of each building. A minimum of 30 percent of the Class I materials on each façade shall be an approved stone product. Through the Site and Building Plan process, Class I materials may be concentrated on visible facades and reduced on less visible facades; however, the overall level of Class I materials shall not be less than 70 percent.

Buildings shall have a highly visible entry and shall feature canopies, overhangs, arcades, outdoor patios, integral planters, display windows, or other architectural details. Developments with multiple buildings shall cluster building entries.

Large, uninterrupted exterior wall surfaces are not permitted. No wall shall have an uninterrupted length exceeding 80 feet, without including at least two of the following: changes in roof plane, changes in color, texture, materials or masonry pattern; windows; or an equivalent element that visually subdivides the wall. In addition to these aforementioned elements, additional landscaping may be required.

All parapets shall include cornice details consistent with the approved architectural theme. Any visible parapet surface shall be finished with materials consistent with the approved material palette.

Commercial loading dock areas shall include one or more of the following elements for screening:

Wing walls with decorative headers connected to the building constructed of the same pattern and materials as the building of at least 12 feet high and of a length sufficient to screen trucks from view.

Undulating berms up to eight feet in height with an additional four feet of plant material spaced to obscure views of trucks year round.

Screen walls placed at the parking lot setback line constructed of the same pattern and material as the building at least 12 feet high and of a length sufficient to screen trucks from view.

Standard corporate style architecture is limited to main building entry points. Corporate colors or corporate images may be used solely at the discretion of the city council through site and building plan approval.

(4)

Landscaping.

An overall landscape theme and planting materials palette shall be approved as a part of the planned unit development.

Landscaping shall incorporate substantial perennial garden plantings of a variety of species especially at significant intersections. Landscape security requirements shall be adequate in amount and duration to ensure perennial gardens are well established and maintained.

Each individual building site shall incorporate a perennial garden with a minimum size of 250 square feet. Parcels above two acres may be required to provide a larger garden amenity during site and building plan review.

Plazas and distinctive public gathering spaces, substantial gardens, fountains, and the like, may count up to one half percent credit for each feature from the required green space. In no case shall such amenities reduce the required 30 percent green space by more than five percent.

Landscaping for public streets shall follow the streetscape guidelines in the Urban Village Master Plan.

A minimum of 15 percent of the hard surfaced area of the parking lot shall be landscaped. Tree trenches may be counted toward this landscape requirement, but no less than ten percent of the landscaping shall be provided within the parking areas.

Landscaped islands shall contain a minimum of 400 square feet and shall be planted with a minimum of two over-story deciduous trees no smaller than two and one-half caliper inches in diameter and eight potted shrubs at least 18 inches high.

Landscape layout and design shall clearly define and direct pedestrian movement through parking areas with a continuous five-foot wide concrete sidewalk that connects with sidewalks of abutting properties within the project and sidewalks or trails on public right(s)-of-way.

(5)

Parking areas.

An overall parking plan shall be approved as a part of the planned unit development.

From any street, screening shall include undulating berms two to four feet high planted with minimum two-foot high nursery stock shrubs and six-foot high trees in planter beds spaced to partially obscure views of the parking lot. Downslopes shall be planted with over-story trees and medium spread flowering deciduous trees and shrubs.

(6)

Stormwater management.

An overall stormwater management plan including a staging plan with logical phasing and ability to handle anticipated flows from future upstream development shall be approved as a part of the planned unit development.

Non-traditional stormwater treatment techniques should be integrated where appropriate.

Tree trenches shall be utilized for stormwater infiltration.

Off-line areas for infiltration should be developed as part of the stormwater management system.

Wet detention areas should be utilized as site amenities and should be lined to retain water and utilize aeration devices such as fountains to improve aesthetics where feasible.

Rain water should be reused for irrigation where feasible.

Tree canopy should be increased to reduce the rate of stormwater run-off.

To the greatest extent possible, the existing drainage network should be respected, utilizing the two outlet locations along Radio Drive.

Existing basins should be utilized where possible for stormwater treatment.

(7)

Exterior display, storage and product staging areas.

No areas around the exterior of the building shall be used for promotions, displays or open storage, unless in an approved enclosed area part of or attached to the main building.

Landscaping beds shall be located in front of the exterior display areas.

Exterior display or storage of articles, carts, goods, materials, machinery, equipment, fleet vehicles and the like, shall be prohibited unless in an approved enclosed area part of or attached to the main building.

(8)

Other requirements. The city council may apply additional requirements as necessary to implement the purpose of the Urban Village Master Plan, the comprehensive plan and any amendments thereto.

(Ord. No. 1858, § 1858.01, 9-26-2012; Ord. No. 2062, § 3, 10-23-2024)

Sec. 24-140. - B-4 office warehouse district.

(a)

Purpose and scope. This section applies to the B-4 office warehouse district. This district is intended to promote the development of attractive sites for job-creating businesses requiring a mix of office, warehouse and showroom uses serving local or regional needs without interference from or competition with retail uses. This district is shown as "Places to Work" on the comprehensive plan.

(b)

Permitted uses. Permitted uses are as follows:

Commercial printing.

Commercial recreation use, 5,000 square feet or less in floor area, when located within a multi-tenant building.

Essential services.

Laboratory, dental or medical.

Manufacturing.

Office use.

Office showroom, 5,000 square feet or less in floor area, when located within a multi-tenant building.

Office warehouse.

Place of assembly, 100 seats or less, when located within a multi-tenant building.

Place of worship, 100 seats or less, when located within a multi-tenant building.

Teaching or training facility without outdoor areas, equipment or storage for training or instruction.

Warehouse.

(c)

Permitted accessory uses. Permitted accessory uses are the same as allowed in the B-1 district, section 24-135(c). In addition, the following are also permitted accessory uses:

Retail sales customarily incidental and clearly subordinate to the primary use shall be allowed up to 30 percent of gross floor area for each tenant or occupant.

(d)

Conditional uses. Conditional uses are as follows:

Animal shelter without outdoor kennels or runs.

Commercial recreation, greater than 5,000 square feet in floor area or in free-standing building.

Government use.

Laboratory, research and development.

Motor vehicles sales, interior only.

Office showroom greater than 5,000 square feet in floor area or in a free-standing building.

Parking deck/ramp in accordance with section 24-312.

Place of assembly greater than 100 seats or in a free-standing building.

Place of worship greater than 100 seats or in a free-standing building.

Planned unit development in accordance with article IV.

Repair garage.

Veterinary clinic without outdoor runs or kennels.

(e)

Compatible uses. Other uses as deemed compatible and appropriate by the zoning administrator. Where a question arises as to the compatibility of a use, the zoning administrator shall refer the issue to the planning commission. The planning commission shall make a recommendation to the city council, who shall make a final determination as to whether a proposed use is to be allowed; is compatible as a permitted use or conditional use; is compatible as an accessory use; or is a use that may be added to a specific planned unit development within the office warehouse district.

(f)

Zoning district standards.

(1)

Minimum lot area: One and one-half acres.

(2)

Minimum lot width: 160 feet.

(3)

Maximum lot depth: 300 feet.

(4)

Access: Maximum of two accesses per lot to a local street, access to a collector and/or arterial street per access management requirements of applicable jurisdiction.

(5)

Maximum height: 60 feet.

(6)

Minimum front yard setback: 50 feet.

(7)

(8)

(9)

Maximum impervious surface coverage: 70 percent.

(10)

(11)

No accessory buildings shall exceed the height of a principal building.

(12)

No outdoor display, sales or storage shall be allowed.

(Ord. No. 1858, § 1858.01, 9-26-2012)

Sec. 24-141. - FC-1 freeway corridor district.

(a)

Purpose and scope. The purpose of this district is:

(1)

To provide for a mixture of retail, office and service uses made mutually compatible with controls and high standards.

(2)

To accommodate uses shown on the comprehensive plan as "Places to Shop" with reasonable access and visibility to the freeway system.

(3)

To promote an attractive view of the community from the freeway through architectural and signage controls, landscaping, screening, building orientation and other features.

(4)

To encourage redevelopment, reinvestment and formation of larger lots by combining smaller parcels.

(b)

Permitted uses. Permitted uses are as follows:

Bank without drive-through facilities or drive-up automated teller machines.

Business service.

Clinic for human care including medical and dental clinics.

Commercial recreation use, 5,000 square feet or less in floor area, when located within a multi-tenant building.

Essential services.

Laboratory, dental or medical.

Office.

Office showroom, 5,000 square feet or less in floor area, when located within a multi-tenant building.

Outpatient surgical center.

Personal service.

Retail use up to 20,000 square feet in floor area.

Teaching or training facility without outdoor areas, equipment or storage for training or instruction.

(c)

Permitted accessory uses. Permitted accessory uses are as follows:

Adult use in accordance with section 11-300.

Bicycle racks.

Branch post office.

Electrical generator subject to screening requirements in section 24-247(g) and noise mitigation in accordance with state requirements.

Ground source heat pump system in accordance with section 24-404.

Off-street parking and loading in accordance with article V, division 2.

Refuse and recycling storage area in accordance with 24-252.

Retail use within an office, office showroom or office warehouse building not to exceed 30 percent of the gross floor area for each tenant and 10,000 square feet for each building.

Solar energy system in accordance with section 24-406.

Transit shelter.

Permitted accessory uses within a hotel and/or conference center with limited exterior signage approved as part of a conditional use permit such as:

(1)

Athletic club.

(2)

Restaurant, class I or class II.

(3)

Retail use or personal service.

(4)

Car rental without vehicles occupying off-street parking otherwise required by city ordinance, not to exceed an inventory of ten vehicles per rental agency.

(5)

Banquet facility.

(6)

Theater.

(d)

Conditional uses. Conditional uses are as follows:

Additional height in accordance with subsection (e)(5) of this section.

Bank with drive-through facilities or drive-up automated teller machines in accordance with section 24-308.

Commercial printing.

Commercial recreation greater than 5,000 square feet or located in a free-standing building.

Drive-through business in accordance with section 24-308.

Government use.

Hotel/motel with or without conference center.

Laboratory, research and development.

Motor vehicle leasing not including trucks over 8,000 pounds gross weight and not to exceed ten vehicles stored on site.

Motor vehicle wash.

Nursery, commercial.

Office showroom, greater than 5,000 square feet in floor area or located in a free-standing building.

Office warehouse provided at least ten percent of the floor area is for office use.

Parking deck/ramp in accordance with section 24-312.

Planned unit development in accordance with article IV.

Repair garage.

Repair, household or small engine.

Restaurant (class I or II).

Retail use greater than 20,000 square feet in floor area.

Veterinary use without outdoor kennels or runs.

(e)

Zoning district standards.

(1)

Minimum lot area: One and one-half acres.

(2)

Minimum lot width: 200 feet.

(3)

Minimum lot depth: 300 feet.

(4)

Maximum lot depth: The depth of any lot in any subdivision shall not exceed three times the lot's width.

(5)

Access: Maximum of two accesses per lot to a local street, access to a collector and/or arterial street per access management requirements of applicable jurisdiction.

(6)

Maximum height: 60 feet. Additional height may be allowed as a conditional use provided that:

For each additional five feet in allowable actual roof height, as calculated according to the Minnesota State Building Code, which is above the maximum building height allowed by section 24-144, subsection (e)(6) of this chapter, front and side yard setback requirements shall be increased by one foot.

Proximity to residential zoning districts shall be a factor in considering the application for additional height. The construction shall not limit solar access to abutting and/or neighboring properties.

(7)

Minimum front yard setback: 50 feet.

(8)

(9)

(10)

Maximum impervious surface coverage: 70 percent.

(11)

(12)

No accessory buildings shall exceed the height of a principal building.

(13)

No outdoor display, sales or storage shall be allowed.

(Ord. No. 1858, § 1858.01, 9-26-2012)

Sec. 24-142. - FC-2 freeway corridor special impact district.

(a)

Purpose and scope. The purposes of this district are:

(1)

To provide an area for limited land uses away from existing or proposed residential development and are shown on the comprehensive plan as "Places to Shop".

(2)

To provide a limited mixture of land uses made mutually compatible with controls and land use standards.

(3)

To provide for an integrated freeway frontage road commercial area designed to offer limited services to the motoring public.

(4)

To promote an attractive view of the community from the freeway through architectural and signage controls, landscaping, screening, building orientation and other features.

(5)

To encourage redevelopment, reinvestment and formation of larger lots by combining smaller parcels.

(6)

To accommodate certain commercial uses with a metropolitan clientele.

(7)

As possible, to protect the freeway and frontage road from congestion by proper location of heavy traffic generators.

(b)

Permitted uses. Permitted uses are as follows:

Bank without drive-through facilities or drive-up automated teller machines.

Business service.

Commercial recreation, 5,000 square feet or less in floor area, located within a multi-tenant building.

Essential services.

Office.

Retail use up to 20,000 square feet in floor area.

(c)

Permitted accessory uses. Permitted accessory uses are as follows:

Adult use in accordance with section 11-300.

Bicycle racks.

Electrical generator subject to screening requirements in section 24-247(g) and noise mitigation in accordance with state requirements.

Ground source heat pump system in accordance with section 24-404.

Off-street parking and loading in accordance with article V, division 2.

Refuse and recycling storage area in accordance with 24-252.

Retail use within an office, office showroom or office warehouse building not to exceed 20 percent of the gross floor area for each tenant and 10,000 square feet for each building.

Solar energy system in accordance with section 24-406.

Transit shelter.

(d)

Conditional uses. Conditional uses are as follows:

Adult use in accordance with section 11-300.

Animal shelter.

Bank with drive-through facilities or drive-up automated teller machines in accordance with section 24-308.

Clinic for human care.

Commercial printing.

Commercial recreation greater than 5,000 square feet in floor area or located in a free-standing building.

Drive-through business in accordance with section 24-308.

Government use.

Hotel/motel.

Laboratory, dental, medical or research and development.

Nursery, commercial.

Office showroom.

Office warehouse.

Outpatient surgical center.

Parking deck/ramp in accordance with section 24-312.

Pawnshop.

Planned unit development in accordance with article IV.

Repair garage.

Repair, household or small engine.

Restaurant, class I and II.

Veterinary clinic with or without outdoor kennels.

Warehouse.

(e)

Zoning district standards.

(1)

Minimum lot area: One and one-half acres.

(2)

Minimum lot width: 150 feet.

(3)

Minimum lot depth: 300 feet.

(4)

Maximum lot depth: The depth of any lot in a subdivision shall not exceed three times the lot's width.

(5)

Access: Maximum of two accesses per lot to a local street, access to a collector and/or arterial street per access management requirements of applicable jurisdiction.

(6)

Maximum height: 40 feet.

(7)

Minimum front yard setback: 50 feet.

(8)

(9)

(10)

Maximum impervious surface coverage: 70 percent.

(Ord. No. 1858, § 1858.01, 9-26-2012)

Sec. 24-143. - GW gateway district.

(a)

Purpose and scope. Properties zoned with this designation are lands located at or near interstate highways or existing and future interchange areas or properties along roads leading to these interchanges and are shown as "Gateway" on the comprehensive plan. This zone mirrors the BC business campus district but allows for supportive retail uses as part of a planned unit development approval and provides for a desirable entry image as follows:

(1)

Providing higher quality building materials, architectural design, streetscape elements and traffic and pedestrian circulation by using the planned unit development process.

(2)

Providing review and approval of signage limitations that identifies a business, but with signage that does not dominate the architecture of the building, nor distract from the site design.

(3)

Increasing the perception of building mass and building dynamics to the traveling public by potentially reducing building and other setbacks adjacent to freeways.

(4)

Placing buildings so that building masses in the development relate to each other and the site itself, as well as the surrounding area.

(5)

Planning buildings to reflect signature architecture such that the most significant parts of the project are the buildings and not just the location of the site.

(6)

Providing creative site planning solutions to minimize the size and amount of surface parking, public street exposure to loading docks and drive-thru facilities, long blank walls, continuous smaller commercial lots, repetitive access points, competing signage and other negative effects of strip commercial development.

(7)

Protecting and enhancing private property values within the project and commercial, industrial and residential values directly adjacent to each site.

(8)

Implementing the goals of the comprehensive plan by promoting the use of planned unit developments for well-planned, unified and architecturally compatible land use developments; to increase the efficiency of infrastructure design and transportation and pedestrian networks.

(b)

Permitted uses. Permitted uses are as follows:

Bank without drive-through facilities or drive-up automated teller machines.

Business service.

Clinic for human care.

Commercial printing.

Commercial recreation, 5,000 square feet or less in floor area, when located in a multi-tenant building.

Essential services.

Laboratory, dental or medical.

Office use.

Office showroom, 5,000 square feet or less in floor area, when located in a multi-tenant building.

Office warehouse.

Outpatient surgical center.

Teaching and training facility without outdoor areas, equipment or storage for training and instruction.

(c)

Permitted accessory uses. Permitted accessory uses are as follows:

Accessory uses that are customarily incidental and clearly subordinate to permitted and conditional uses as determined by the zoning administrator.

Bicycle racks.

Cafeteria not open to the general public.

Cannabis retailer accessory to clinic for human care.

Electrical generator.

Exterior employee break area.

Ground source heat pump system in accordance with section 24-404.

Information kiosk.

Off-street parking and off-street loading

Refuse and recycling storage area in accordance with section 24-252.

Security gate detached building.

Solar energy systems in accordance with section 24-406.

Permitted ancillary uses within a hotel, motel or conference center with limited exterior building signage approved as part of a conditional use permit, such as:

(1)

Car rental without vehicles occupying off-street parking otherwise required by city ordinance code not to exceed an inventory of 10vehicles stored outdoors for each business.

(2)

Convenience retail.

(3)

Health and fitness center.

(4)

Meeting/conference/banquet facilities.

(5)

Personal service.

(6)

Pharmacy.

(7)

Restaurant, class I and II.

(8)

Shuttle service.

(9)

Theater.

(d)

Conditional uses. Conditional uses are as follows:

Bank with drive-through facilities or drive-up automated teller machines in accordance with section 24-308.

Commercial recreation use, greater than 5,000 square feet in floor area or located in a free-standing building.

Daycare facility.

Government use.

Hotel/motel with or without conference center.

Laboratory, research and development.

Motor vehicle fuel station in accordance with section 24-310.

Motor vehicle wash accessory to a motor vehicle fuel station.

Office showroom, greater than 5,000 square feet in floor area or located in a free-standing building.

Parking deck/ramp in accordance with section 24-312.

Park and ride lot and transit hub.

Planned unit development in accordance with article IV.

Restaurant, class I or class II.

Retail use as part of a planned unit development.

(e)

Zoning district standards.

(1)

Minimum lot area: Five acres.

(2)

Minimum lot width: 200 feet.

(3)

Minimum lot depth: 500 feet.

(4)

Maximum lot depth: The depth of any lot in any subdivision shall not exceed three times the lot's width.

(5)

Access: Maximum of two accesses per lot to a local street, access to a collector and/or arterial street per access management requirements of applicable jurisdiction.

(6)

Maximum height: 50 feet adjacent to a residential zoning district. No height restrictions for other areas.

(7)

Minimum front yard setback: 50 feet.

(8)

(9)

(10)

Minimum building footprint: 20,000 square feet.

(11)

Maximum retail building size: 40,000 square feet.

(12)

Maximum impervious surface site coverage: 70 percent. Site coverage may be increased to 75 percent and the maximum building coverage may be increased to 45 percent of the site by including a public park and ride lot or by including other transit related facilities in the project area.

(13)

Retail uses approved as part of a planned unit development are subject to the following standards:

Retail uses may be allowed at the city council's sole discretion up to 30 percent of the floor area within the approved planned unit development. The amount of retail floor area allowed, permitted and conditional uses and staging of development will be determined by the city council as part of a planned unit development approval. The city council may prohibit retail uses, allow less than 30 percent retail uses or require retail uses to be phased in after Places to Work uses at its sole discretion.

Proximity to other retail uses within the development or to other commercial properties zoned B-2 or B-3 shall be considered by the city council when determining whether to allow retail uses and when determining the amount of retail floor area.

Retail buildings shall be at least 20,000 square feet in size. Separate smaller buildings containing a single user for any of the aforementioned list of retail support uses may be used in combination, provided that:

Separate buildings shall be connected by such techniques as common walls, covered corridors, covered passageways or landscaped exterior eating or common areas, and the like. The aggregate size of all buildings shall be at least 20,000 square feet in size.

Parking and driveways are combined for all uses.

All multiple building combinations are architecturally compatible in design and building materials.

All buildings are constructed at the same time.

(f)

Performance standards.

(1)

Landscaping.

Plazas and distinctive public gathering spaces, sculptures, substantial gardens, fountains, and the like, may count up to one-half percent credit for each feature from the required green space. In no case shall such amenities reduce the required 30 percent green space by more than five percent.

In addition to other items required herein, trees and shrubs shall be required to screen loading areas.

No berms shall have a slope greater than a three to one ratio without the use of retaining walls.

Landscaping shall follow the established city plan for "theme trees" along gateway roadways such as Lake Road. If a theme tree has not been established along a major roadway, the developer shall incorporate tree and shrub species groupings that provide vivid colors for all calendar seasons.

(2)

Screening.

Loading docks—One or more of the following:

From public rights-of-way—Loading docks shall use screen walls with decorative headers connected to the building, constructed of the same materials and pattern of the building, at a height of at least 12 feet to screen the entire truck from view.

From public rights-of-way or abutting residential areas—Loading docks shall be screened from view with undulating berms, to a maximum height of eight feet. An additional four feet in height of plant material shall be spaced to obscure views of trucks parked at the loading areas. At a minimum, the additional four-foot screening height shall consist of six-foot coniferous trees planted ten feet on center in a saw-tooth pattern. Downslopes shall be planted with over-story trees and medium spread flowering deciduous trees and shrubs.

As an option, loading docks shall be screened using decorative walls at a height of at least 12 feet to screen the entire truck from view. The wall shall be made of the same materials and pattern of the building. It may be constructed at the parking lot setback line to enclose large expanses of loading docks, product staging areas or temporary trailer storage areas.

Parking areas.

From local streets—Screening shall include undulating berms for an average height of two to four feet and an additional two-foot height with nursery stock shrubs and six-foot high coniferous trees in planter beds spaced to partially obscure views of the parking lot. Downslopes shall be planted with over-story trees and medium spread flowering deciduous trees and shrubs.

From collectors and arterials, and when abutting residential zones— Screening shall include undulating berms for an average height of four feet and an additional two-foot height of nursery stock shrubs and six-foot high coniferous trees in plant material beds spaced to partially obscure views of the parking lot. Downslopes shall be planted with over-story trees and medium spread flowering deciduous trees and shrubs.

(3)

Parking and impervious surface areas.

Landscaping within the main parking lots and driving lanes excluding ingress/egress areas.

A minimum of ten percent of the hard surfaced area of the parking lot shall be landscaped.

Customer/visitor drop-off zones and parking spaces shall be provided near customer primary entrances.

Parking ramps or decks may be located between the principal buildings and a public street. Parking ramps or decks may be subject to additional performance standards than those listed in section 24-312.

Shared parking. Shared parking arrangements may qualify to reduce the required parking between certain users by up to 20 percent. Properties qualify for shared parking if the overall parking plan is in compliance with the zoning ordinance. The parking plan for the PUD must demonstrate required, but not installed, parking, adequate traffic circulation, as well as meet all other applicable ordinances pertaining to parking and landscaping. Demonstrated parking areas shall not count toward green space requirement.

Driveways shall be consolidated so as not to duplicate traffic movements and to minimize internal/external street/driveway conflicts.

Bicycle racks shall be located in designated areas that do not occupy parking stalls or landscape islands.

(4)

Exterior display, storage and product staging areas.

Sufficient exterior areas shall be planned such that no areas around the exterior of the building shall be used for promotions, displays, cart storage, or open storage, unless enclosed in an approved area.

In areas visible from public roadways or from normal shopping patterns, approved areas shall be constructed of a low brick wall, with wrought iron fencing or vinyl clad chain link fence or better, brick columns and decorative headers.

Landscaping beds shall be located in front of the exterior display areas.

Exterior display or storage of articles, goods, materials, machinery, equipment, fleet vehicles and the like, shall be prohibited unless approved in an enclosure that is attached to the building.

(5)

Fences.

Trash enclosure gates shall be opaque and be constructed of wood, steel, aluminum or better.

Black, brown or dark green vinyl clad chain link fences or better may be used in conjunction with brick or decorative masonry columns, headers and low walls.

Black, brown or dark green vinyl clad chain link fences or wrought iron fences or better shall be used on top of retaining walls for safety reasons, per the building code.

(6)

Utilities.

All permanent utilities connecting to a building shall be underground.

All utility appurtenances such as telephone pedestals, meters, transformers, etc. shall not be visible from abutting properties, parking areas, public streets and pedestrian walkways. Utilities shall be screened from view, where practical, with walls that are constructed with the same materials as the principal building and/or landscaping materials. Transformers shall be grouped with meters whenever possible.

(7)

Building orientation.

Loading docks or delivery doors shall not be visible from residential areas or other public streets. For buildings with visibility of loading docks from several public streets, loading docks/delivery doors shall be placed adjacent to the least visible roadway with screening.

The city shall allow some flexibility for docks that may be viewed from other properties, overpasses and entrance/exit ramps that are significantly different from the normal grades of subject property.

Concrete trailer pads shall be provided in front of all docks.

Buildings with loading docks located on the end of said buildings shall provide wing walls that are adjacent to a public street or residential properties.

Commercial loading dock areas shall contain decorative headers extending from the end of the screen wall to the building.

Multiple principal buildings on a single parcel shall be designed to complement other buildings in the area and shall be built of similar materials or better. Emphasis on building positions through the PUD shall be made to give more prominent visual interest.

(8)

Building form.

Buildings shall have a highly visible entry and shall feature no fewer than two of the following: canopies, overhangs, arcades, outdoor patios, integral planters, display windows, or other architectural details. Developments with multiple buildings shall cluster building entries.

Large, uninterrupted exterior wall surfaces are not permitted. No wall notably visible to the general public shall have an uninterrupted length exceeding 80 feet, without including at least two of the following: changes in roof plane, changes in color, texture, materials or masonry pattern; windows; or an equivalent element that visually subdivides the wall. In addition to these aforementioned elements, additional landscaping may be required.

Building materials—The design on facades not visible from a public right-of-way or residential land uses may be less ornamental than those visible from public right(s)-of-way, but shall still incorporate materials used on the rest of the building. Walls used for screening loading docks, etc. shall use the same building materials and patterns as the wall itself on the principal building(s).

Standard corporate style architecture shall be prohibited. Building entry points may use corporate colors or corporate images at the discretion of the city council.

(9)

Rooftops.

The upper pediment of any structure shall contain at least two molded elements.

Roof-mounted mechanical equipment, vents, and stacks shall be minimized and positioned so that they will not be seen from public rights-of-way or adjacent properties. If the equipment is visible from public rights-of-way or adjacent properties, the equipment shall be screened. Screening can be in the form of parapet walls colored and constructed of the same building materials as the principal building.

Rooftop solar collectors, skylights, and other potentially reflective rooftop building elements shall be designed and installed in a manner that prevents reflected glare and obstruction of views from other sites and structures. Screening shall be in the form of walls constructed of the same building materials and match coloring of the principal building.

In those circumstances, such as freeway overpasses, where parapet walls would be unable to screen the equipment, screening may be accomplished using elements constructed of one or more of the materials used on the principal building, as approved by the city.

(Ord. No. 1858, § 1858.01, 9-26-2012; Ord. No. 2062, § 4, 10-23-2024)

Sec. 24-144. - BC business campus district.

(a)

Purpose and scope. This section applies to the BC, business campus district. The purposes of the business campus district are to:

(1)

Reserve larger areas for multi-use buildings, offices, wholesale showrooms, light manufacturing, research and development, training, limited retail uses and uses accessory to conducting business within a coordinated, well-defined campus environment and listed as "Places to Work" on the comprehensive plan.

(2)

Protect business from incompatible and unrelated land uses intruding into the work environment.

(3)

Create a zone large enough in land area to provide opportunities for higher technology business and related land uses to congregate and operate in a campus setting that has a mutual relationship to each other and with internal and external campus amenities to benefit employees.

(4)

Provide lot sizes to meet the needs of business campus land uses and provide screening of parking lots, trailer storage areas and loading and unloading areas.

(5)

Establish and maintain high standards of site design, spatial relationships, proportions, building architecture and landscape design that will create a high quality environment attractive to higher technology companies that desire an atmosphere of security from incompatible and unrelated land use intrusions and a balance of corporate needs.

(6)

Locate business campus districts that are on or reasonably near both minor arterial roadways and interstate highway interchanges.

(7)

Preserve and utilize natural environmental features for office sites that are located next to or overlook public open space and trail uses, woodlands and wetlands.

(8)

Prohibit premature urban uses and business park uses from being constructed without full municipal utilities that are inconsistent with utility sanitary sewer phasing of the metropolitan urban services area and the comprehensive plan utility phasing and staging plans.

(b)

Permitted uses. Permitted uses are as follows:

Clinic for human care.

Commercial printing.

Commercial recreation, 5,000 square feet or less in floor area, when located within a multi-tenant building.

Distribution center, 100,000 square feet or less in floor area.

Essential services.

Laboratory, dental or medical.

Manufacturing.

Office use.

Office showroom, 5,000 square feet or less in floor area, when located within a multi-tenant building.

Office warehouse.

Outpatient surgical center.

Place of assembly, 100 seats or less, when located within a multi-tenant building.

Place of worship, 100 seats or less, when located within a multi-tenant building.

Teaching and training facility with or without outdoor areas, equipment or storage for training and instruction.

Warehouse.

(e)

Permitted accessory uses. Permitted accessory uses are as follows:

Accessory uses that are customarily incidental and clearly subordinate to permitted and conditional uses as determined by the zoning administrator.

Bicycle racks.

Cafeteria not open to the general public.

Electrical generator subject to screening requirements in section 24-247(g) and noise mitigation in accordance with state requirements.

Exterior employee break area.

Ground source heat pump system in accordance with section 24-404.

Information kiosk.

Off-street parking and off-street loading in accordance with article V, division 2.

Outdoor storage area up to 5,000 square feet in accordance with section 24-270.

Refuse and recycling storage area in accordance with section 24-252.

Retail sales, accessory to manufacturing of products produced on the site, not to exceed 30 percent of the gross square footage of the first floor or 10,000 square feet, whichever is less.

Security gate detached building.

Solar energy system in accordance with section 24-406.

Trailer staging area subject to the following:

(1)

Trailer staging areas shall not exceed 25 percent of the footprint of the building.

(2)

Trailer staging areas shall be screened in accordance with section 24-247.

(3)

Trailer staging areas shall not be interpreted to mean in front of loading docks.

Permitted accessory uses within a hotel, motel or conference center with limited exterior building signage approved as part of a conditional use permit, such as:

(1)

Car rental without vehicles occupying off-street parking otherwise required by city ordinance code not to exceed an inventory of ten vehicles stored outdoors for each business.

(2)

Convenience retail.

(3)

Class I or II restaurant.

(4)

Health and fitness center.

(5)

Personal service.

(6)

Pharmacy.

(7)

Shuttle service.

(8)

Meeting/conference/banquet facilities.

(9)

Theater.

(d)

Conditional uses. Conditional uses are as follows:

Ambulance or medical carrier.

Commercial recreation, greater than 5,000 square feet in floor area or located in a free-standing building.

Daycare facility.

Distribution center greater than 100,000 square feet in floor area.

Government use.

Hospital for human care.

Hotel/motel or conference center.

Laboratory, research and development.

Motor vehicle fuel station in accordance with section 24-310.

Motor vehicle wash accessory to a motor vehicle fuel station.

Nursing home.

Parking deck/ramp in accordance with section 24-312.

Park and ride lot and transit hub.

Office showroom, greater than 5,000 square feet or located in a free-standing building.

Outdoor storage tanks and equipment for products that are used in conjunction with the primary use.

Planned unit development in accordance with article IV.

Restaurant, class I.

Self-storage not located along an arterial or collector street.

(e)

Interim uses. Interim conditional uses are as follows:

Expansion of mining operation existing as of January 27, 2010.

Outdoor storage greater than 5,000 square feet in area in accordance with section 24-254.

Use of rights-of-way for skyways, tunnels, elevated walkways, stairs and the like.

(f)

Compatible uses. Other uses as deemed compatible and appropriate by the zoning administrator. Where a question arises as to a use being compatible to those listed, the zoning administrator shall refer the issue to the planning and zoning commission. The planning and zoning commission shall make a recommendation to the city council, who shall make a final determination as to whether a proposed use is not to be allowed, is compatible as a permitted use, a conditional use or is compatible as an accessory use or is a use that may be added to a specific planned unit development within the business campus district.

(g)

Zoning district standards.

(1)

Minimum zoned area: 40 acres.

(2)

Minimum lot area: Five acres.

(3)

Minimum lot width: 200 feet.

(4)

Minimum lot depth: 500 feet.

(5)

Maximum lot depth: The depth of any lot in any subdivision shall not exceed three times the lot's width.

(6)

Access: Maximum of two accesses per lot to a local street, access to a collector and/or arterial street per access management requirements of applicable jurisdiction.

(7)

Maximum height: 50 feet adjacent to a residential zoning district. No height restrictions for other areas.

(8)

Minimum front yard setback: 50 feet.

(9)

(10)

(11)

Minimum building footprint: 20,000 square feet.

(12)

Maximum impervious surface site coverage: 70 percent. Site coverage may be increased to 75 percent by including a public park and ride lot or by including other transit related facilities on the same site.

(13)

The following standards apply to business campus properties that are adjacent to residentially zoned property:

Manufacturing or distribution uses or buildings shall not be located within 110 feet of any side or rear lot line directly abutting residentially zoned property. Automobile parking areas and driveways may be permitted in this area in accordance with article V, division 2.

A 50-foot area consisting of berms and landscaping shall be provided along any property line that abuts or is across the street from residentially zoned property. Such landscaped yard and other screening techniques shall be used to meet the screening requirements of section 24-247.

Parking and storage are prohibited in the landscaped yard. Entrance drives may be permitted in the landscaped yard as needed.

Loading, unloading, truck-idling or storage areas shall be substantially screened when it abuts or is across the street from residentially zoned property.

(Ord. No. 1858, § 1858.01, 9-26-2012)

Sec. 24-145. - I-1 light industrial district.

(a)

Purpose and scope. This section applies to the I-1 light industrial district. The purposes of this district are to:

(1)

Reserve appropriately located areas for industrial land uses and related activities and to provide for the establishment of warehousing, manufacturing and office development; and are shown on the comprehensive plan as "Places to Work".

(2)

Protect areas appropriate for industrial uses from intrusion by inharmonious uses. The overall character of the light industrial district is intended to allow industrial development, but to assure that it is compatible with adjacent land uses, whether they are industrial, commercial or residential.

(3)

Allowed uses in the I-1 light industrial district are intended to include those industrial uses which require limited outside storage and truck/trailer storage and to exclude more intensive industrial uses.

(4)

Assure a method of compatibility by imposing approval conditions that will lessen any potential detrimental effects of a particular industrial use.

(5)

Establish and maintain higher standards of site planning, architecture, and landscape design that will create an environment attractive to the most discriminating industries and research and development establishments seeking sites in the metropolitan area.

(b)

Permitted uses. Permitted uses are as follows:

Commercial printing.

Commercial recreation use, 5,000 square feet or less in floor area, when located in a multi-tenant building.

Distribution center, 100,000 square feet or less in floor area.

Essential services.

Laboratory, dental, medical or research and development.

Manufacturing.

Office use.

Office showroom, 5,000 square feet or less in floor area, when located in a multi-tenant building.

Office warehouse.

Place of assembly, 100 seats or less, when located in a multi-tenant building.

Place of worship, 100 seats or less, when located in a multi-tenant building.

Public and public utility uses including garages, buildings and outdoor storage excluding substations.

Teaching and training centers with or without outdoor areas, equipment or storage used for training and instruction.

Warehouse.

(c)

Permitted accessory uses. Permitted accessory uses are as follows:

Accessory uses customarily incidental and clearly subordinate to permitted and conditional uses as determined by the zoning administrator.

Bicycle racks.

Cafeteria not open to the general public.

Electrical generator subject to screening requirements in section 24-247(g) and noise mitigation in accordance with state requirements.

Exterior employee break area.

Ground source heat pump system in accordance with section 24-404.

Information kiosk.

Off-street parking and off-street loading.

Outdoor storage area not to exceed 5,000 square feet in accordance with section 24-270.

Refuse and recycling storage area in accordance with 24-252.

Retail use within an office/industrial building, providing a supplemental function to the major office and/or industrial use. The retail use is not to exceed 30 percent of the gross floor area for each tenant occupying space within a building.

Security gate detached building.

Solar energy system in accordance with section 24-406.

Trailer staging area subject to the following:

(1)

Trailer staging areas shall not exceed 25 percent of the footprint of the building.

(2)

Trailer staging areas shall be screened in accordance with section 24-247.

(3)

Trailer staging areas shall not be interpreted to mean in front of loading docks.

Wind energy system on lots at least one and one-half acres in size up to 45 feet in height in accordance with section 24-405.

(d)

Conditional uses. Conditional uses are as follows:

Animal shelter, provided the following criteria are met:

(1)

The building and outdoor kennels or exercise areas shall be properly oriented to limit barking noise from any residential area.

(2)

No animal shelter with outdoor kennels or exercise areas shall be located within 800 feet of residential property as measured from the property lines.

Cannabis cultivator, cannabis or lower-potency hemp edible manufacturer, cannabis microbusiness, cannabis mezzobusiness, cannabis testing facility, cannabis wholesaler

Commercial recreation greater than 5,000 square feet or located in a freestanding building.

Distribution center greater than 100,000 square feet.

Funeral home.

Government use.

Motor vehicle sales, interior only.

Office showroom, greater than 5,000 square feet in floor area or located in a free-standing building.

Other use not otherwise identified herein, as a permitted use, an accessory use or a conditional use may be approved by the city council as a conditional use permit.

Outdoor storage tanks and equipment for products that are used in conjunction with the primary use.

Parking deck/ramp in accordance with section 24-312.

Park and ride facility and transit center.

Planned unit development in accordance with article IV.

Public utility substation.

Repair garage.

Repair, household and small engine.

Veterinary clinic provided the following criteria are met:

(1)

The building and outdoor kennels or exercise areas shall be properly oriented to limit barking noise from any residential area.

(2)

No veterinarian clinic with outdoor kennels or exercise areas shall be located within 800 feet of residential property as measured from the property lines.

(e)

Interim conditional use permit. The following uses are allowed by interim conditional use permit:

Outdoor storage area in excess of 5,000 square feet in accordance with section 24-254.

Use of rights-of-way for skyways, tunnels, elevated walkways, exterior staircases and the like.

Wind energy systems on lots at least one and one-half acres in size up to 75 feet in height in accordance with section 24-405.

(f)

Zoning district standards.

(1)

Minimum lot area: Two and one-half acres.

(2)

Minimum lot width: 200 feet.

(3)

Minimum lot depth: 300 feet.

(4)

Maximum lot depth: The depth of any lot in any subdivision shall not exceed three times the lot's width.

(5)

Access: Maximum of two accesses per lot to a local street, access to a collector and/or arterial street per access management requirements of applicable jurisdiction.

(6)

Maximum height: 50 feet.

(7)

Minimum front yard setback: 50 feet.

(8)

(9)

(10)

Maximum impervious surface coverage: 70 percent.

(11)

No accessory buildings shall exceed the height of a principal building.

(12)

The following standards apply to industrial properties that are adjacent to residential property:

No buildings shall be located within 110 feet of any side or rear lot line abutting residentially zoned property. Automobile parking areas and driveways may be permitted in this area in accordance with article V, division 2.

A 50-foot area consisting of berms and landscaping shall be provided along any property line that abuts or is across the street from residentially zoned property. Such landscaped yard shall be used to meet the screening requirements of section 24-247. Parking and open storage are prohibited in the landscaped yard. Entrance drives may be permitted in the landscaped yard.

Loading, unloading, truck idling or storage areas shall be substantially screened when it abuts or is across the street from residentially zoned property.

(Ord. No. 1858, § 1858.01, 9-26-2012; Ord. No. 2062, § 5, 10-23-2024)

Sec. 24-146. - CC city center district.

(a)

Purpose and scope. This section applies to the CC city center district. This district is intended to serve as a city center for the community and to provide the basic essential city services, governmental services, public services such as a post office and a library, office development, commercial and multiple-family dwellings. In addition, the following goals and objectives apply to the city center district:

(1)

Development will have adequate valuation or direct contribution to support necessary public safety services.

(2)

Projects will demonstrate environmental compatibility and/or enhancement of existing natural features and facilities.

(3)

Architectural compatibility, landscaping and site design details (signing, lighting, planting species, etc.) will comply with the city center theme as established by the city center plan.

(4)

The Tamarack Area Nature Preserve character will be maintained and enhanced.

(5)

Development will include provisions for energy conservation.

(6)

Projects will contribute to the community's economy and stability; preserve the public fiscal balance; expand the community's economic base promoting economic diversity and local employment opportunities; and demonstrate fiscal soundness and sustainability.

(b)

Permitted uses. Permitted uses are as follows:

Permitted uses identified as part of an approved planned unit development.

(c)

Permitted accessory uses. Permitted accessory uses are as follows:

Adult use.

Ground source heat pump system in accordance with section 24-404.

Refuse and recycling storage area in accordance with 24-252.

Solar energy system in accordance with section 24-406.

(d)

Conditional uses. Conditional uses are as follows:

Assisted living facility.

Clinic for human care.

Essential services.

Government use.

Multiple-family dwelling.

Museum, art institute, gallery.

Office use.

Retail use.

Planned unit development in accordance with article IV.

Theater or playhouse.

(e)

Interim conditional uses. Interim conditional uses are as follows:

Outdoor temporary/seasonal sales or farmer's market in accordance with section 24-265 on nonresidential properties.

(f)

Zoning district standards.

(1)

Minimum lot area: Three acres.

(2)

Minimum lot width: 200 feet.

(3)

Minimum lot depth: 300 feet.

(4)

Maximum lot depth: The depth of any lot shall not exceed three times the lot's width.

(5)

Access: Maximum of two accesses per lot to a local street, access to a collector and/or arterial street per access management requirements of applicable jurisdiction.

(6)

Maximum height: 75 feet.

(7)

Minimum front yard setback: 50 feet.

(8)

(9)

(10)

Maximum impervious surface coverage: 70 percent.

(11)

Screening and fencing: The city may require the screening (through berms, vegetative or buffer strips) or fencing of any side or rear yard facing a residential district.

(12)

Parking: Off-street parking facilities for separate uses may be provided collectively if the total number of spaces so provided collectively is not less than the sum of the separate requirements for each such use and provided that all regulations governing location of necessary parking spaces in relation to the use served are adhered to. For parking standards and requirements, refer to article V, division 2 of this chapter.

(13)

Architectural content: In addition to the requirements in section 24-235, within the district, new buildings shall be designed to complement existing or approved development and to maintain the architectural theme and character of the district through the application of the following design elements:

Exterior materials, colors, building accents, styles and rooflines shall be compatible with existing buildings within segments of the district.

All exterior building and accent materials shall be of a color(s) that are compatible with other buildings within the same quadrant of the district and have comparable color intensity/value. Acceptable colors consist of neutral, earth tone colors such as forest green, burgundy, brown, tan, terra cotta, mahogany, dark blue, umber, and gray.

Building design shall include a variety of architectural elements including horizontal bands of light colored materials and/or brick pattern to accomplish a strong horizontal visual effect.

Exterior wall materials shall utilize at least two colors (or different shades of the same color) and/or textures in order to provide accents and visual interest to the building.

The horizontal appearance of a building roofline shall be broken by introduction of at least one architectural feature that incorporates a design such as a triangular or pyramid shape(s), located either on top of the roof or on the front facade so that the point of the feature extends above the roofline.

Standing seam metal roof materials and/or asphalt shingles shall be used on new buildings.

Each new building shall contain at least one major entrance feature as a focal point to the building. A combination of brick, stone, or decorative block columns and standing seam metal roof materials shall be incorporated into the entrance feature design.

Additional architectural enhancements shall be incorporated into the exterior of the building including, but not limited to detailed cornices, quoins, brick accent bands or soldier coursing and stone lintels.

Buildings adjacent to the Valley Creek Road and Radio Drive intersection shall include intersection streetscape elements of decorative walls, and linear street landscaping approved for these street systems as identified in the city center plan.

In the event that the exterior of a building (at least 50 percent), is proposed to be modified, remodeled, replaced and/or reconstructed, said building shall conform to the standards established by this section.

(e)

Additional findings. In addition the requirements of article II, division 4, conditional use permits, the following additional findings must be made prior to the approval of a conditional use permit in the city center district:

(1)

The uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which would not be achieved under any other district.

(2)

Architectural review will be one of the primary components in the review of a conditional use permit in the city center district. The purpose of the architectural review is to develop a uniform image and identity for the city center area, utilizing similar architectural features and a common palette for building design within each quadrant of the district or within an approved planned unit development. The design controls for this district are intended to discourage short-lived, trendy styles and design motifs, which strive for individual themes at the expense of the established character of city center.

(3)

Any exceptions or deviations from the ordinance including but not limited to setbacks and height must be warranted by the design and amenities incorporated in the development plan.

(4)

The proposed development must be planned in coordination with and be compatible in use to surround lands.

(5)

Proposed projects shall demonstrate compliance with the objectives, policies and development standards of the city center plan. Any proposed change or deviation from the city center plan must be in conformance with the general criteria and content of the city center plan.

(6)

Existing and proposed streets shall be suitable and adequate to carry anticipated traffic within the city center district and in the vicinity of the proposed district.

(7)

Existing and proposed sewer, water, storm sewer and stormwater management facilities shall be adequate for the proposed development.

(8)

Each phase of the proposed development, as it is proposed to be completed contains the required parking spaces, landscaping and utility areas necessary for creating and sustaining a desirable and stable environment.

(9)

The proposed development and all proposed buildings, parking spaces and landscape and utility areas can be completely developed within five years of the approval of the plan.

(Ord. No. 1858, § 1858.01, 9-26-2012)

Sec. 24-147. - MX mixed use district.

(a)

Purpose and scope. This section applies to the MX, mixed use district. The mixed use district provides flexibility to allow two or more compatible Places to Live, Shop and Work uses for properties guided as "Mixed Use" in the comprehensive plan. This zone is established with the following intent:

(1)

Through the planned unit development conditional use permit process, provide for a mix of complementary and supportive land uses within the project area.

(2)

Promote higher residential densities and walkable, sustainable development.

(3)

Establish and maintain high standards of site design, spatial relationships, building architecture and landscape design to create a quality, attractive environment.

(b)

Prohibited uses.

Single-family or two-family homes.

Motels.

Uses not identified in subsections (c) or (d) that are clearly incompatible with other uses or the purpose or intent of this district as outlined in the comprehensive plan.

(c)

Permitted uses. Permitted uses are as follows:

Bank without drive-through facilities and/or drive-up automated teller machines.

Business service.

Clinic for human care.

Commercial recreation use, 5,000 square feet or less in floor area, when located within a multi-tenant building.

Government use.

Essential services.

Office use.

Personal service.

Other permitted uses identified as part of an approved planned unit development.

(d)

Permitted accessory uses. Permitted accessory uses are as follows:

Accessory uses customarily incidental and clearly subordinate to the primary use identified as part of an approved planned unit development.

Bicycle racks.

Cafeteria not open to the general public.

Community room.

Clubhouse/recreation building.

Ground source heat pump systems in accordance with section 24-404.

Off-street parking and loading areas.

Refuse and recycling storage area in accordance with 24-252.

Solar energy systems in accordance with section 24-406.

Underground parking.

Permitted accessory uses within a hotel and/or conference center with limited exterior building signage identified as part of an approved planned unit development such as:

Convenience retail.

Health and fitness center.

Meeting/conference/banquet facilities.

Motor vehicle leasing not to exceed an inventory of ten vehicles stored outdoors.

Office.

Personal service.

Restaurant (class I or II).

Retail.

Shuttle service.

Theater.

(e)

Conditional uses. Conditional uses are as follows:

Assisted living facility.

Banks with drive-through facilities and/or drive-up automated teller machines as part of a multi-story building in accordance with section 24-308.

Commercial recreation use, greater than 5,000 square feet in floor area or when located in a free-standing building.

Daycare facility, licensed.

Hotel and/or conference center.

Multiple-family dwelling in accordance with section 24-309.

Parking deck/ramp in accordance with section 24-312.

Planned unit development in accordance with article IV.

Restaurant, class I or class II, within or physically connected to another use.

Retail use up to 20,000 square feet in floor area.

Single-family attached dwelling.

Teaching or training facility without outdoor areas, equipment or storage for training or instruction.

Theater, excluding drive-ins.

Other conditional uses identified as part of an approved planned unit development.

(f)

Compatible uses. Other uses may be deemed compatible and appropriate by the zoning administrator. Where a question arises as to a use being compatible, the zoning administrator shall refer the issue to the planning commission. The planning commission shall make a recommendation to the city council for a final determination as to whether a proposed use is not to be allowed, is compatible as a permitted use, or is compatible as an accessory use.

(g)

Mix of uses. Uses may be vertically and/or horizontally mixed within the project area. Proposed planned unit developments in this district shall include a minimum of two primary uses from two different land use categories (places to live, places to shop and places to work). To be considered a primary use the use must occupy a minimum of 20 percent of the floor area within the development. Retail uses shall not exceed 40 percent of the floor area within the development.

(h)

Zoning district standards.

(1)

Minimum zoned areas shall closely match areas identified on the comprehensive plan as mixed use.

(2)

Minimum lot area: Two acres.

(3)

Minimum height of buildings: Two stories plus roofing height.

(4)

Maximum height of buildings: Six useable stories plus roofing height.

(5)

Front, side, rear yard: As identified in the planned unit development.

(6)

Horizontal mixed use residential density shall be a minimum of seven units per acre and a maximum of 15 units per acre and shall be calculated using the proposed horizontal residential land use areas.

(7)

Vertical mixed use density shall be calculated on the overall net mixed use project area as defined in the planned use development ordinance and the comprehensive plan.

(i)

Performance standards.

(1)

Parking.

Uses shall provide parking under section 24-242, off-street parking spaces, required by the City Code unless modified as part of a planned unit development.

Underground parking and parking ramps and decks shall be allowed eight-foot, nine inches wide parking spaces with the exception of handicapped parking stalls.

Personal service and internal retail uses in a residential building serving the immediate neighborhood shall provide parking at a ratio of one space per 250 square feet of net floor space.

Surface parking lots shall be minimized through the use of parking structures, underground parking and attached garages. Parking lots shall be extensively screened from public roadways with berms, combination of deciduous and coniferous plant materials and/or building orientation.

(2)

Architectural criteria.

Nonresidential structures shall conform to the commercial standards of the architectural ordinance.

Residential structures containing offices or retail or personal services shall use brick in combination with other materials on at least part of the front facades of such buildings that contain the mixed use.

(3)

Other requirements. The city council may apply additional requirements as necessary to implement the purpose of this district and the comprehensive plan and any amendments thereto.

(Ord. No. 1858, § 1858.01, 9-26-2012)

Sec. 24-148. - SH shoreland overlay district.

(a)

Purpose. The purpose of this division is to preserve and enhance the quality of surface waters, and conserve the economic, natural historical and environmental values of shorelands.

(b)

Shoreland overlay zone. The following public waters have been classified by the commissioner of natural resources as natural environment (NE), recreational development (RD), general development (GD) and tributary (T) shorelands. Where noted, riparian dedication is required by the city.

DNR ID #	NAME	LOCATION	CLASS	150 FT* RIPARIAN DEDICATION REQUIRED
82-88	None	Sec 2, T28, R21	GD	No
82-89	Markgrafs	Sec 2, T28, R21	NE	Yes
82-90	Wilmes	Sec 3 & 10, T28,R21	NE	Yes
82-91	Battle Creek	Sec 6, T28, R21	GD	Yes
82-92	Powers	Sec 10 & 11, T28, R21	NE	Yes
82-93	Fish	Sec 11, T28, R21	NE	Yes
82-94	Colby	Sec 15 & 22, T28, R21	RD	Yes
82-95	None	Sec 16, T28, R21	GD	No
82-97	La	Sec 30, T28, R21	RD	Yes
82-98	Ria	Sec 30, T28, R21	NE	No
82-166	Carver	Sec 18 & 19, T28, R21	RD	Yes
N/A	Battle Creek	Sec 6, T28, R21	T	No
N/A	None	Sec 32, T28, R21	T	No
N/A	None	Sec 12 & 13, T28, R21	T	No
N/A	None	Sec 3 & 4, T28, R21	T	No

NE = Natural environment lake class

RD = Recreational development lake class

GD = General development lake class

T = Tributary river class

* As measured from and perpendicular to the ordinary high water level (OHWL).

(c)

Uses. All uses of land shall be regulated by the applicable zoning districts underlying this shoreland overlay district subject to applicable conditions. Notwithstanding the underlying zoning district, the following uses shall be permitted as specified:

USES	LAKE AND RIVER CLASSES
USES	GENERAL DEVELOPMENT	RECREATIONAL DEVELOPMENT	NATURAL ENVIRONMENT	TRIBUTARY RIVER
Commercial	P	P	C	C
Residential	P	P	P	P
PUDs	C	C	C	C
Industrial/manufacturing/warehousing	C	C	N	C
Public/semi-public	P	P	C	C
Parks and historical sites	C	C	C	C
Private campgrounds	C	C	C	C
Private open space/recreation	C	C	C	C
Essential services	C	C	C	C

P = Permitted use

N = Prohibited use

C = Conditional use (subject to issuance of a conditional use permit)

PUD = Planned unit development

(d)

Additional standards. In addition to the requirements of the applicable zoning district, the following standards shall apply within shoreland areas to principal, conditional and accessory uses and structures:

STANDARDS	SHORELAND CLASSIFICATION
STANDARDS	GD	RD	NE	T
(1) Minimum building setback from county, state or federal road right-of-way	50 feet	50 feet	50 feet	50 feet
(2) Minimum building setback from local road right-of-way	20 feet	20 feet	20 feet	20 feet
(3) Minimum structure setback from an unplatted cemetery or historical site ¹	50 feet	50 feet	50 feet	50 feet
(4) Minimum structure setback from OHWL ^{2, 3}
Riparian dedication required	200 feet	200 feet	200 feet	200 feet
Riparian dedication not required ⁴
- Sewered	50 feet	75 feet	150 feet	50 feet
- Unsewered	150 feet	150 feet	200 feet	150 feet
(5) Minimum structure setback from the top of bluff	30 feet	30 feet	30 feet	30 feet
(6) Minimum septic system setback from OHWL	150 feet	150 feet	200 feet	150 feet
(7) Minimum floor elevation above flood of record ⁵	3 feet	3 feet	3 feet	3 feet
(8) Maximum impervious lot coverage ⁶
With riparian dedication	50%	50%	50%	50%
Without riparian dedication	30%	30%	30%	30%
(9) Minimum lot width - residential only ⁷
Riparian dedication required, sewered or unsewered	Same as zoning district
Riparian dedication not required, sewered
- Single-family detached	80 feet	80 feet	125 feet	80 feet
- Duplex	135 feet	135 feet	225 feet	115 feet
- Triplex	190 feet	190 feet	325 feet	150 feet
- Quadplex	250 feet	250 feet	425 feet	190 feet

STANDARDS	RIPARIAN LOTS
	GD	RD	NE	T
(10) Minimum lot area, residential only
Riparian dedication required	Same as zoning district
Riparian dedication not required, sewered ⁸
- Single-family detached	15,000 sf	20,000 sf	40,000 sf	Same as zoning district
- Duplex	26,000 sf	35,000 sf	70,000 sf
- Triplex	38,000 sf	50,000 sf	100,000 sf
- Quadplex	49,000 sf	65,000 sf	130,000 sf
Riparian dedication not required, unsewered, single-family detached only	30,000 sf	40,000 sf	80,000 sf	Same as zoning district
	NON-RIPARIAN LOTS
	GD	RD	NE	T
Riparian dedication required	Same as zoning district
Riparian dedication not required, sewered ⁸
- Single-family detached	10,000 sf	15,000 sf	20,000 sf	Same as zoning district
- Duplex	17,500 sf	26,000 sf	35,000 sf
- Triplex	25,000 sf	38,000 sf	50,000 sf
- Quadplex	32,500 sf	49,000 sf	65,000 sf
Riparian dedication not required, unsewered, single-family detached only	30,000 sf	40,000 sf	80,000 sf	Same as zoning district

NE = Natural environment lake class

RD = Recreational development lake class

GD = General development lake class

T = Tributary river class

(1) Unless approval is obtained from the Minnesota State Archeologist's office.

(2) Exceptions are permitted without a variance in residential districts where structures exist on both lots adjoining a proposed building site and the building is not located on a steep slope or within a shore impact zone. In no case shall a structure be built closer to the OHWL than the average of the two adjoining structures.

(3) Except for public crossings of public waters; roads, driveways and parking areas shall meet the minimum structure setback. Where no alternative exists, such improvements may be placed within the required structure setback provided they are designed to adapt to the natural landscape, soil erosion is minimized, and no construction shall occur within bluff or shore impact zones.

(4) Commercial, industrial, public and semi-public uses with public waters frontage shall be setback double the required setback from the OHWL or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions.

(5) Or, if data are not available, three feet above the OHWL for the lowest floor elevation.

(6) Sum of all impervious surfaces including, but not limited to, building roofs, parking surfaces, sidewalks, driveways and patios.

(7) Lot width requirements shall be met at both the OHWL and building line.

(8) Lot sizes shall not be modified except by PUD.

(e)

Subdivision standards. The following standards shall apply to subdivisions in shoreland areas:

(1)

Each lot created through subdivision must be suitable in its natural state for the proposed use with minimal alteration. In determining suitability the city will consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, near-shore aquatic conditions unsuitable for water-based recreation, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision, or of the community at large.

(2)

Subdivisions must conform to all other official controls adopted by the City of Woodbury. Subdivisions will not be approved that are designed so variances from one or more standards in official controls would be needed to use the lots for their intended purpose.

(3)

If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the requirements of this section, the lot must not be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the requirement of this section as much as possible.

(f)

Agricultural activities. The following standards shall apply to agricultural activities in shoreland areas:

(1)

The shore impact for parcels with permitted agricultural uses is equal to a line parallel to and 50 feet from the OHWL.

(2)

General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore impact zones are maintained in permanent vegetation or operated under an approved conservation plan (resource management systems) consistent with the field office technical guides of the local soil and water conservation district or the USDA Natural Resources Conservation Service.

(3)

Feedlots and manure storage are not permitted within the shoreland of watercourses or in bluff impact zones, and must meet a minimum setback of 300 feet from the ordinary high water level of all public water basins identified in subsection (b).

(4)

The use of pesticides, fertilizers or animal wastes within shoreland areas shall be done in such a way as to minimize impacts on shore impact zones by proper application or use of earth or vegetation.

(g)

Shoreland alterations. The purpose of this section is to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent back slumping and protect fish and wildlife habitat. Shoreland alterations shall be allowed in accordance with the following standards:

(1)

No principal or accessory structure or use shall be placed within bluff or shore impact zones other than agricultural activities as permitted by subsection (f)(2).

(2)

Shore impact zones shall be maintained in permanent vegetation or operated under an approved conservation plan consistent with the field office technical guides of the local soil and water conservation district.

(3)

Intensive vegetation clearing within shore and bluff impact zones and/or steep slopes is not permitted. Intensive clearing within shoreland areas, but outside of these areas, is permitted subject to city approval of an erosion and sedimentation control plan that is consistent with chapter 7 of the City Code, land disturbance and sediment and erosion control.

(4)

Limited clearing of trees and shrubs and the cutting, pruning and trimming of trees within bluff and shore impact zones or steep slopes to accommodate picnic areas, trails and water access and to provide a view to the water from a principal dwelling site shall be permitted provided the screening of structures, as viewed from the water, is not substantially reduced. These provisions do not apply to the removal of tree limbs or branches that are dead or pose a safety hazard.

(5)

Any grading or filling on steep slopes or within shore or bluff impact zones involving the movement of ten or more cubic yards of material or involving more than 50 cubic yards of material elsewhere in a shoreland area shall require the submission of a shore impact plan. Approval shall be granted only if the following conditions are met:

Any filling or grading in any Type 2, 3, 4, 5, 6, 7 or 8 wetland shall be in conformance with the Wetland Conservation Act of 1991 and shall require consideration of how extensively the proposed activity will affect the following functional qualities of the wetland:

Sediment and pollution trapping and retention.

Storage of surface runoff to prevent or reduce flood damage.

Fish and wildlife habitat and endangered plants and animals.

Recreational use.

Shoreline or bank stabilization.

Historical significance.

The smallest amount of bare ground is exposed for the shortest time possible;

Ground cover such as mulch is used for temporary bare soil coverage and permanent ground cover, such as sod, is established;

Methods to prevent erosion and trap sediment during construction are employed;

Altered areas are stabilized to accepted erosion control standards;

Fill is not placed so as to create unstable slopes;

Plans to place fill or excavated material on steep slopes are certified by qualified professionals as to slope stability;

Alterations below the OHWL are authorized by the Commissioner of the Minnesota Department of Natural Resources per Minn. Stats. § 103G.245;

Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the OHWL and the height of the riprap above the OHWL does not exceed three feet; and

Alterations of topography shall only be permitted if accessory to a permitted or special use.

(6)

Water-oriented accessory structures and facilities are not permitted in shoreland areas.

(7)

Riparian areas dedicated to the city shall be protected from intensive development. Permitted uses include passive open space, pedestrian trails, public parks and park-related structures, facilities for public water access, fishing piers, parking lots for park users, and stormwater treatment ponds. Unless being used for active park purposes, the riparian areas shall be maintained in permanent natural vegetation.

(h)

Sand and gravel extraction. The following standards shall apply to sand and gravel extraction uses:

(1)

Processing machinery shall be located consistent with setback standards for structures.

(2)

A site development and restoration plan shall be developed by the owner for approval by the city which addresses dust, noise, possible pollutant discharges, hours and duration of operation and anticipates vegetation and topography alterations. It shall identify actions to be taken to mitigate adverse environmental impacts and measures to be employed to restore the site after excavation.

(i)

Stormwater management. Stormwater management shall be in accordance with division 3 of chapter 27. The Minnesota Pollution Control Agency's Minnesota Stormwater Manual shall be used as guidance.

(j)

Private utilities. The following provisions shall apply in shoreland areas:

(1)

Private subsurface sewage treatment systems shall meet applicable city requirements and Minnesota Pollution Control Agency's Chapter 7080 standards. Publicly owned sewer systems shall be used where available.

(2)

Any private water supply to be used for domestic purposes shall meet quality standards established by the Minnesota Department of Health and the Minnesota Pollution Control Agency. Private wells shall be constructed in accordance with the city's water well construction ordinance.

(k)

Planned unit developments. Residential planned unit developments shall be permitted in shoreland areas subject to the information and procedural requirements of article IV of this chapter. Residential PUD densities shall be calculated in accordance with this section.

(1)

All residential PUDs shall contain at least five dwelling units or sites.

(2)

For the purpose of calculating dwelling unit or site density, the following shoreland tiers are established by locating one or more lines approximately parallel to a line that represents the OHWL:

General development lakes first tier, 200 feet.

General development lakes second and third tier, 267 feet.

Recreational development lakes, 267 feet.

Natural environmental lakes, 320 feet.

Tributary streams, 300 feet.

(3)

Where riparian dedication is required, residential densities shall be as permitted by the underlying zoning district. Where riparian dedication is not required, PUD density shall be the lesser of the underlying zoning district's density or the area within each tier divided by the single-family residential lot size required for shoreland areas as shown in subsection (d)(10).

(4)

Where riparian dedication is not required, densities may be transferred from one tier to any other tier further from the shoreland water body. The maximum increase in density allowed may be as follows, provided all of the criteria identified in subsection b. below (design criteria) are satisfied:

Maximum allowable density increase:

DENSITY TIER	DENSITY INCREASE
First	50%
Second	100%
Third	200%
Fourth	200%
Fifth	200%

Design criteria:

At least 50 percent of the total project area shall be preserved as open space. The open space computation shall not include road rights-of-way, or land covered by roads, structures or parking surfaces.

Open space shall include areas having physical characteristics that are unsuitable for development in their natural state and areas containing significant historic sites or unplatted cemeteries.

Open space may contain outdoor recreational facilities for use by the owners of residential units or the public.

The appearance of open space areas, including topography, vegetation and allowable uses, shall be preserved.

PUDs shall be connected to public water supply and sewer systems.

Before final approval of a PUD is granted, the developer/owner shall provide for the preservation and maintenance, in perpetuity, of open space and the continuation of the development as a community.

All the requirements listed in subsection (k) shall apply to PUDs.

(l)

Nonconformities. Nonconformities, substandard lots and structures, and nonconforming on-site sewage treatment systems within shoreland areas.

(1)

Nonconforming uses shall not be expanded, changed, enlarged or altered in any way except as provided for in section 24-33.

(2)

The expansion or enlargement of a riparian substandard structure shall meet the shoreland development standards set forth in subsection (d) except as follows:

The extension, enlargement or alteration of a riparian substandard structure or sanitary facility may be permitted on the side of the structure or facility facing away from the OHWL without following the variance process.

An improvement to a riparian substandard structure or sanitary facility may be allowed to extend laterally by a conditional use permit (parallel to the OHWL) when the improvement is in compliance with the other dimensional standards of this chapter. In no case shall the improvement extend closer to the OHWL than the existing structure.

Decks may be allowed without a variance where riparian dedication is not required, provided as follows:

A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing OHWL setback of the structure;

The deck encroachment toward the OHWL does not exceed 15 percent of the existing shoreline setback of the structure from the OHWL or does not encroach closer than 30 feet, whichever is more restrictive; and

The deck is constructed primarily of wood, and is not roofed or screened.

If a riparian substandard structure is demolished, replacement shall comply with the dimensional standards of this section.

(3)

A lot of record shall be deemed a buildable lot if the following conditions can be met:

It has frontage on a public street;

It has public sewer or it can be demonstrated that an acceptable subsurface sewage treatment system can be installed;

The proposed structure will occupy no portion of the shore or bluff impact zones;

The proposed structure can meet the required side yard setbacks of this section; and

The lot is a separate parcel with an assigned Tax Identification number from Washington County and the owner has owned no adjacent lot or parcel since the lot or parcel became substandard and was compliant with the official controls in effect at the time the lot was established of record in the office of the Washington County Assessor.

(4)

Nonconforming on-site subsurface sewage treatment systems.

Systems installed according to Minnesota Rules 7080 shall be considered as conforming systems, unless an inspection determines that they are failing. Systems determined to be failing shall be upgraded, repaired, replaced, or use of the system must be discontinued within 30 days.

Cesspools, leaching pits, seepage pits and other deep disposal systems shall be considered to be failing systems.

Failing systems shall be reconstructed to meet Minnesota Rules 7080 standards whenever a permit or variance of any type is required for any improvement on, or use of, the property.

(5)

No variance will be granted that would allow any use that is prohibited in the zoning district in which the subject property is located.

(m)

Required notice to department of natural resources. The zoning administrator shall send copies of notices of any public hearings to consider variances, plats, ordinance amendments, PUDs or special uses under local shoreland management controls to the commissioner of the department of natural resources or his designee at least ten days prior to the hearings. In addition, a copy of the approved amendments, plats, variances and conditional uses shall be sent to the commissioner or his designee within ten days of the final decision.

(Ord. No. 1858, § 1858.01, 9-26-2012)

Woodbury City Zoning Code

ARTICLE III

ZONING DISTRICTS AND DISTRICT REGULATIONS2

Footnotes:

--- (2) ---

Sec. 24-130.- Zoning districts created.

(a)

(b)

(c)

The city is divided into the following zoning districts:

Symbol	Name
R-1	Urban reserve district.
R-2	Single-family estate district.
R-4	Urban residential district.
B-1	Office park district.
MC	Medical campus district.
NC	Neighborhood commercial district.
B-2	General business district.
B-3	Planned shopping center district.
B-4	Office warehouse district.
FC-1	Freeway corridor mixed use district.
FC-2	Freeway corridor special impact district.
GW	Gateway district.
BC	Business campus district.
I-1	Light industrial district.
CC	City center.
MX	Mixed use district.
SH	Shoreland overlay district.