(a)

Garage and craft sales are allowed in all residential zoning districts with the following restrictions:

(1)

There shall be not more than two sales events in each calendar year per dwelling unit.

(2)

Sale events are limited to any consecutive three-day period.

(3)

Garage and craft sale signs must comply with the sign ordinance including sections 18.5-19(8) and section 18.5-44(17) of the City Code.

(4)

Items for sale shall not be purchased for resale or received on consignment for resale.

(b)

Additional restrictions for craft sales are as follows:

(1)

A permit is required. Application for a permit shall be made by providing the applicant's name, address, phone number, sale site, sales event dates and verification the items to be sold were made on the property;

(2)

Craft sale signs must include the name and address of the seller;

(3)

Crafts must be made on the property by the occupant.

(Ord. No. 1863, § 1863.02, 10-24-2012)

State Law reference— Municipal authority to regulate transient commerce, Minn. Stat. § 412.221, subd. 19.

(a)

Public building garage and craft sales are allowed subject to the following:

(1)

There shall not be more than six sales events in each calendar year per building.

(2)

Sale events are limited to any consecutive three-day period.

(3)

Garage and craft sale signs must comply with the sign ordinance, including sections 18.5-19(8) and 18.5-44(17) of the City Code.

(4)

Items for sale shall not be purchased for resale or received on consignment for resale.

(b)

Additional restrictions for public building craft sales are as follows:

(1)

A permit is required. Application for a permit shall be made by providing the applicant's name, address, phone number, sale site, sales event dates and verification the items to be sold were made on the property where the seller resides.

(2)

Craft sale signs must include the name of the person responsible for the sale and address of the sale site.

(3)

The seller must have made the crafts on the property where they reside.

(Ord. No. 1863, § 1863.02, 10-24-2012)

(a)

Purpose. The purpose of this section is to establish standards by which home businesses shall be allowed in residential neighborhoods. Home businesses shall have no adverse impact to building aesthetics, traffic volume, noise, odor, or involve any other activity that adversely affects the health, safety and general welfare of, or is detrimental to, the residential nature of the surrounding neighborhood. In addition, this section is intended to provide a distinction between permitted and prohibited activities and uses concerning home businesses.

(b)

Requirements. Home businesses shall be allowed in residential districts, subject to the following criteria:

(1)

Home business activities shall be carried on entirely within the dwelling unit.

Exception: Business activities that occur off-site or within a detached garage or attached garage space as allowed within subsection 24-263(b)(6)a.

(2)

No more than one room in (or more than 25 percent of) the principal structure shall be devoted to home business use.

(3)

The entrance to the space devoted to the business shall be within the dwelling. There shall be no separate entrance into the business area.

(4)

There shall be no internal or external alterations, or involve construction features not customarily found in dwellings.

(5)

No mechanical equipment shall be used that is not customarily found in the home.

(6)

Home business activities, including the storage, repair, operation, or testing of business equipment and materials, are not permitted within an accessory building, detached garage or attached garage space except as follows:

a.

Up to 25 percent of a detached garage or attached garage space may be used for the storage of equipment/materials that are used off-site.

(7)

There shall be no exterior indication of the home business.

(8)

Exterior signs identifying or advertising the home business are prohibited.

(9)

There shall be no exterior display of any kind.

(10)

Exterior storage of equipment or materials used in the home business is prohibited.

(11)

Employees, sub-contractors, work associates, or persons other than those residing at the premises are prohibited from being employed or performing work at the home.

(12)

Home business vehicles licensed for on road use and in compliance with all other ordinance requirements shall be exempt from criteria listed in subsection 24-263(b).

(c)

Traffic and deliveries. The following limitations to vehicular and customer traffic and hours of operation are intended to maintain the residential character of the neighborhood:

(1)

Deliveries for home businesses shall be limited to two delivery or pick-up trips per day.

(2)

Hours of operation for customers of home businesses shall be limited to the hours between 7:00 a.m. and 10:00 p.m.

(3)

The number of customer trips allowed shall not exceed five per day.

(d)

Prohibited activities. Home businesses shall not:

(1)

Constitute a fire or explosive hazard to neighboring residences, adversely affect neighboring property values, constitute a nuisance or otherwise be detrimental to the neighbors because of excessive traffic, noise, glare, odor, electrical interference, vibration, dust and other nuisance or safety hazards.

(2)

Adversely impact governmental facilities and services, including roads, sanitary sewers, water, storm drainage, garbage service, police service and fire service.

(3)

Adversely affect sensitive environmental features, including lakes, surface water and underground water supply and quality, wetlands, slopes, floodplains and soils, or other factors as found relevant by the city.

(4)

Involve the use of hazardous materials or activities.

(5)

Involve guns, weapons, gun powder, gun repair, and similar items.

(e)

Prohibited home businesses:

(1)

Retail sales.

Exception: Sales consistent with subsection 24-263(a) and approved by the zoning administrator.

(2)

Manufacturing.

Exception: Manufacturing consistent with subsection 24-263(a) and approved by the zoning administrator.

(3)

Repair shop of any kind.

(4)

Vehicle sales.

Exception: Incidental sales of personal vehicles limited to no more than three per 12-month period.

(5)

Businesses utilizing gun powder or explosives.

(6)

Massage.

(7)

Beauty salons, barber shops, nail, tattoo and body piercing, and similar operations.

(8)

Equipment and supply rental.

(Ord. No. 1863, § 1863.02, 10-24-2012; Ord. No. 1963, § 3, 6-26-2019)

(a)

Interim conditional use permit generally. In reviewing an application for an interim conditional use permit for home business, parking and storage of business equipment and vehicles, the city council shall consider the advice and recommendations of the planning and zoning commission and the effect of the proposed use upon the health, safety, convenience and general welfare of occupants of surrounding lands, existing and anticipated traffic conditions, the effect on property values of property in the surrounding area, and the effect of the proposed use on the comprehensive plan.

(b)

Criteria for interim conditional use permit. The issuance of the interim conditional use permit shall be governed by the following regulations and criteria:

(1)

The parking or storage of business equipment or vehicles shall only be in an accessory building on unplatted residentially zoned property in the R-1 and R-2 districts.

(2)

The property must be owned and occupied by a person engaged in a business which utilizes the equipment or vehicles in said business.

(3)

In the R-1 district, the size of the accessory building shall not exceed 2,000 square feet.

(4)

In the R-2 district, the size of the accessory building shall not exceed 1,000 square feet. Motor vehicles in such buildings shall not exceed one ton capacity.

(5)

There shall be no exterior storage or displays of any kind associated with said business, nor any exterior signs other than those normally permitted in a residential district, nor shall any other exterior indication of the business be permitted.

(6)

No stock in trade shall be permitted to be stored on the premises and over-the-counter retail sales shall not be permitted.

(7)

Off-street parking areas shall be improved with a durable and dustless surface. Such areas shall be so graded and drained as to dispose of all surface accumulation within the area, all in accordance with the review and approval of the city's consulting engineer.

(c)

Additional standards. In considering an interim conditional use permit the council shall review and approve the following, imposing certain restrictions and limitations as required:

(1)

The location and nature of ingress and egress to the property and the structures proposed to be used for said storage thereon.

(2)

The location of off-street parking and loading areas where required with particular attention to noise, glare or odor, and effects of the use on adjoining properties and properties generally within the neighborhood.

(3)

The location and design of refuse and service areas.

(4)

Screening requirements as needed to block direct vision from neighboring properties. It shall consist of either a fence or wall not less than five feet high or earth berms at least four feet high, together with compact evergreen or deciduous hedge and over and under story trees and a buffer strip at least 12 feet in width. The screen shall be placed along property lines or, in case of screening along the street, 20 feet from the street right-of-way line.

(5)

The hours of operation may be limited by the permit as required provided, however, that no activity regarding said operation shall be conducted on Sundays or legal holidays as set forth in Minnesota Statutes. "Operation" shall be defined to include the driving or hauling of all equipment or vehicles onto or away from the property in question and engine start up or repair.

(d)

Other requirements.

(1)

The zoning administrator shall maintain a record of all interim conditional use permits issued pursuant to this section, including information on the use, location and conditions imposed by the city council, review dates and such other information as may be appropriate.

(2)

Any change involving structural alterations, enlargements, intensification of use or similar changes not specifically permitted by the interim conditional use permit shall require an amended interim conditional use permit, and all procedures shall apply as if a new permit were being issued.

(Ord. No. 1863, § 1863.02, 10-24-2012; Ord. No. 1957, § 13, 12-12-2018)

Before an interim conditional use permit for an outdoor temporary/seasonal sales or farmer's market is granted, the following minimum criteria must be complied with:

(a)

No portion of this use shall take place within any public right-of-way or landscaped green strip.

(b)

Parking and display areas associated with the sale shall not distract or interfere with existing business operations or traffic circulation patterns.

(c)

The site shall be kept in a neat and orderly manner and display of items shall be as compact as possible so as to not interfere with existing business, parking or driveway operations.

(d)

Sales merchandise trailers, temporary stands, etc., shall be located on an asphalt or concrete surface as approved in an interim conditional use permit.

(e)

Outdoor temporary/seasonal sales with an on-site valid interim conditional use permit may have one temporary sign not to exceed 24 square feet in area and not more than six feet in height.

(f)

The owner/operator shall have the written permission of the current property owner to locate on a specific site.

(g)

Outdoor temporary/seasonal sales shall require an interim conditional use permit and meet the procedures and standards set forth by the definition of the city ordinance.

(h)

A daily clean-up program shall be presented as part of the interim conditional use permit application.

(Ord. No. 1863, § 1863.02, 10-24-2012)

(a)

This section applies in all districts.

(b)

No accessory structure or use shall be constructed or developed on a lot prior to construction of the principal building.

(Ord. No. 1863, § 1863.02, 10-24-2012)

(a)

Attached garage space, detached garages, and accessory buildings.

(1)

Each lot with a principal building is allowed attached garage space or one detached garage in addition to an accessory building or buildings as per chart c.8.

a.

Attached garage space.

1.

Shall not exceed 1,000 square feet or 50 percent of the main floor area of the principal building, up to 2,000 square feet, whichever is greater.

Exception: When garage space exists beneath garage space, only the area of the larger space shall be used to calculate the area of the garage space. If the garage spaces are equal in area, only one of the areas shall be calculated.

2.

Setbacks for attached garage space shall comply with the required garage setback of the underlying zoning district.

b.

Detached garages.

1.

Shall not exceed 1,000 square feet or 50 percent of the main floor area of the principal building, up to 2,000 square feet, whichever is greater.

2.

Shall be setback at least five feet from side and rear property lines.

Exception: On a corner lot, buildings with a door, or doors, with a total width of seven feet or wider and facing the side street shall meet the side yard setback of the underlying zoning district.

3.

Exterior building materials shall match the exterior building materials of the principal building unless otherwise approved by the zoning administrator.

4.

Shall not be placed within drainage, utility, or other easements.

5.

Shall not be located in front of the principal building.

Exception: A detached garage, not exceeding 1,000 square feet in size may be located in front of the principal building in the R-1 and R-2 zoning districts, providing the minimum front yard setback to the accessory building is 50 feet.

6.

Shall not have a wall height exceeding 12 feet in height.

7.

Shall not be more than one story in height.

8.

Shall not have doors that exceed ten feet in height.

c.

Accessory buildings.

1.

Shall be setback at least five feet from side and rear property lines.

Exception: On a corner lot, buildings with a door, or doors, with a total width of seven feet or wider and facing the side street shall meet the side yard setback of the underlying zoning district.

2.

Shall not be placed on drainage, utility or other easements.

3.

Shall not be located in front of the principal building.

Exception: Accessory buildings, not exceeding 1,000 square feet in size may be located in front of the principal building in the R-1 and R-2 districts, providing the minimum front yard setback to the accessory building is 50 feet.

4.

Shall not have a wall height exceeding 12 feet in height.

5.

Shall not be more than one story in height.

6.

Shall not have doors that exceed ten feet in height.

7.

Prohibited building materials.

i.

Plastic sheets, cloth, canvas, tarps and the like are prohibited from exterior use.

Exception: Agricultural buildings as defined by Minnesota Statutes.

ii.

Corrugated materials are prohibited from exterior use in platted residential areas.

8.

Accessory building size and number allowed:

(b)

Miscellaneous structures.

(1)

Swing sets, sandboxes, play structures, dog kennels, satellite dishes and similar structures shall not be located closer than five feet from the side or rear property lines, and shall not be located within the front yard setback.

(2)

Basketball hoops, hockey nets, and similar items may not be located on a public street.

(3)

Concrete slabs shall not be located closer than five feet from the side or rear property lines but may be located within the front yard setback.

(c)

Recreational facility.

(1)

Shall be set back at least five feet from the side and ten feet from the rear property lines.

(2)

Shall not be placed within drainage, utility or other easements.

(3)

Shall not be located in front of the principal structure.

Exception: A recreational facility may be located in front of the principal building within the R-1 and R-2 districts, providing the principal building is setback a minimum of 100 feet from the front property line and the recreational facility is setback a minimum of 50 feet from the front property line.

(Ord. No. 1863, § 1863.02, 10-24-2012; Ord. No. 1957, § 14, 12-12-2018; Ord. No. 1963, § 4, 6-26-2019; Ord. No. 2050, § 1, 2-14-2024)

(a)

One accessory building is allowed. Exception: Picnic shelters, gazebos and similar structures may be allowed as additional accessory structures.

(b)

The maximum floor area allowed is 1,000 square feet or up to ten percent of the floor area of the primary structure in accordance with section 24-123(c). Exception: Size may be increased with a conditional use permit.

(c)

Exterior finish shall be of materials matching the principal structure in color and texture.

(d)

Architectural design must be similar to the principal structure.

(e)

Location of the accessory structure shall be approved by the zoning administrator and shall meet the following standards:

(1)

The location shall have minimal negative impact on the site and adjacent properties and be outside any easement or drainage areas.

(2)

The location shall meet the following minimum setbacks:

a.

Front setback: 50 feet.

b.

Rear setback: Ten feet.

c.

Side setback: Ten feet.

d.

Adjacent residential use: 30 feet.

e.

From any public right-of-way: 50 feet.

(f)

Accessory structures shall not exceed the height of the principal structure. Exception: Height may be increased with a conditional use permit.

(Ord. No. 1863, § 1863.02, 10-24-2012)

(a)

Accessory structures such as antennas or other similar structures, other than those identified in section 24-314, shall be limited to 45 feet in height in all districts. Such structures shall be so constructed as to have a minimum setback equal to the height of the structure.

(b)

Except for the R-4, urban residential district, flagpoles shall be limited to 45 feet in height and have a minimum setback equal to the height of the structure

(c)

In the R-4, urban residential district, flagpoles shall be limited to 25 feet in height. No more than three flagpoles shall be allowed on a single lot. Flagpoles shall have a minimum five-foot setback from side and rear property lines. No minimum setback is required from the front property line or side property line on a corner lot adjacent to a public street. Flagpoles may be permitted in public drainage and utility easements provided that there is no interference with the underlying purpose of the easement. Any flagpole placed within an easement that impedes the access of or intended use of that easement may be removed by the city or the city's representative at the owner's expense

(Ord. No. 1863, § 1863.02, 10-24-2012)

Agricultural buildings as defined in Minn. Stat. § 16B.60, subd. 5, are allowed on agricultural land as defined in Minn. Stat. § 273.13, subd. 23.

(Ord. No. 1863, § 1863.02, 10-24-2012)

(a)

Permitted. Chicken coops shall be permitted on all properties within the R-1 and R-2 zoning districts. Number of chickens permitted on these properties is established within chapter 5 of this Code.

(b)

Number. One chicken coop shall be allowed per principal dwelling.

(c)

Location and setbacks.

(1)

A chicken coop shall be setback a minimum of 50 feet from adjacent dwellings.

(2)

A chicken coop shall be setback a minimum of 20 feet from all property lines.

(3)

A chicken coop shall be limited to rear yard locations only.

(4)

A chicken coop shall be located outside of all easements.

(d)

Height and area.

(1)

A chicken coop shall be a maximum of 50 square feet in area as measured from the exterior perimeter.

(2)

A chicken coop shall be a maximum of seven feet in height as measured from the adjacent grade.

(e)

Materials. When a chicken coop utilizes non-rigid exterior materials, such as poultry netting, said materials shall be framed with rigid materials and maintained taut and in good repair.

(f)

Maintenance. A chicken coop shall be maintained with respect to the materials of the structure and sanitation of the coop and surrounding area.

(Ord. No. 2061, § 3, 10-23-2024)

(a)

Agricultural uses, in existence upon April 14, 1971, within the city shall be a permitted use. However, all regulations contained in article V, supplemental district regulations, shall apply to all changes to the agricultural use which will cause an increase in the intensity of the use or when the surrounding area becomes more urban in character. The Minnesota State Building Code shall not apply to agricultural buildings except with respect to state inspections required or rulemaking authorized. The city council may require any farm operator to secure a conditional use permit to expand or intensify the operations in the event of the following:

(1)

The agricultural use is adjacent to, or within 400 feet of any dwelling unit and may be detrimental to living conditions by creating safety hazards or by emitting noise, odor, vibrations or similar nuisances.

(2)

The agricultural use is so intensive as to constitute an industrial type of use consisting of the compounding, processing, and packaging of products for wholesale or retail trade.

(b)

Any building housing livestock shall be a distance of 125 feet or more from all lot lines. The city council may order the owner of any livestock to apply for a conditional use permit if it is deemed to be in the interest of the public health, safety or general welfare. Livestock shall not be permitted on parcels of less than five acres in area. The keeping of more than one livestock animal per acre shall require a conditional use permit.

(Ord. No. 1863, § 1863.02, 10-24-2012)

The purpose of this section is to establish minimum standards for area(s) designated "places to shop" in the comprehensive plan and within the Urban Village Master Plan study area. These standards are intended to implement the vision, guiding principles and concepts in the Urban Village Master Plan to create a community amenity with a desirable and memorable sense of place and to provide a broad range of essential goods and services typical to a community shopping area. As a community gateway and gathering area, the commercial area shall exhibit timeless architecture with lasting appeal; trendy design or materials shall not be permitted.

All planned unit developments approved shall address the following additional performance standards:

(a)

Site design.

(1)

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.

(2)

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

(3)

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.

(4)

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.

(5)

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.

(6)

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 24-241.

(7)

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

(8)

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

(9)

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

(b)

Building size and orientation.

(1)

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

(2)

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.

(3)

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.

(4)

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

(5)

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

(c)

Architecture. In addition to the standards in section 24-304, the following architectural requirements are required:

(1)

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.

(2)

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.

(3)

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.

(4)

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.

(5)

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.

(6)

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

a)

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.

b)

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

c)

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.

(7)

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.

(d)

Landscaping.

(1)

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

(2)

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.

(3)

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.

(4)

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.

(5)

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

(6)

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.

(7)

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.

(8)

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.

(e)

Parking areas.

(1)

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

(2)

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.

(f)

Stormwater management.

(1)

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.

(2)

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

(3)

Tree trenches shall be utilized for stormwater infiltration.

(4)

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

(5)

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.

(6)

Rain water should be reused for irrigation where feasible.

(7)

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

(8)

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

(9)

Existing basins should be utilized where possible for stormwater treatment.

(g)

Exterior display, storage and product staging areas.

(1)

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.

(2)

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

(3)

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.

(h)

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. 1854, § 1854.01, 6-27-2012)

(a)

Lot size. A lot proposed for use as a school must be at least two acres in area. A lot proposed for a place of worship must be at least five acres in area.

(b)

Accessory uses. Accessory uses to schools and places of worship may include daycare, offices, playgrounds, driveways, parking and unlit recreational/athletic fields. Other accessory uses may be approved through a conditional use permit per section 24-134(d).

(c)

Parking. Parking shall be provided in accordance with article V, division 2.

(d)

Lighting. Building and site lighting shall comply with section 24-236. Athletic field lighting may be allowed through a conditional use permit. Light standards for illumination of athletic fields may be allowed up to a maximum height of 100 feet. The additional height must be necessary to ensure adequate illumination. Impacts from light and glare shall be minimized to the greatest extent practicable.

(e)

Screening. Screening through additional setback, berms, landscaping, buffer strips and/or fencing in accordance with section 24-246 may be required in any yard adjacent to or across the street from a residential district.

(f)

Electrical generators. Electrical generators are allowed subject to screening requirements in section 24-246(g) and must conform to state noise standards.

(g)

Height. Maximum height shall be 40 feet.

(h)

Impervious surface coverage. Maximum impervious surface coverage shall be 70 percent with at least 30 percent of the property retained as green space.

(i)

Signage. Signs shall conform to the requirements of chapter 18.5. The city council may further restrict the location, lighting and size of any signage through the conditional use permit.

(j)

Exterior storage. No exterior or vehicle storage, including buses or maintenance equipment, shall be permitted.

(Ord. No. 1863, § 1863.02, 10-24-2012)

(a)

Location criteria.

(1)

No cannabis business shall be permitted at the following locations:

a.

Within 1,000 feet of a school.

b.

Within 500 feet of a residential treatment facility.

c.

Within 500 feet of an attraction within a public park that is regularly or intended to be used by minor, including all playground and/or athletic fields.

(2)

Lower-potency hemp edible retailers may be permitted as an accessory use under the following conditions:

a.

To a business with a valid liquor or tobacco license issued under chapters 4 and 11 of this Code; and

b.

If 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.

(b)

Parking. Parking requirements shall be approved by the city prior to issuance of a permit or license with ratios in accordance with like uses, as determined by the zoning administrator, identified within article V, division 2.

(c)

Odor. Cannabis businesses and hemp businesses shall install and maintain enhanced ventilation systems designed to prevent detection of cannabis or hemp odor and shall be ventilated from any adjoining use, parcel, public or private street and/or right-of-way, park or building unit, as approved by the city. All ventilation systems shall be operated to ensure all odors cannot be detected by a person with a normal sense of smell.

(d)

Signage. Exterior wall, window and monument signage shall not depict a cannabis flower, cannabis product, hemp edibles, or a hemp derived edible consumer product or any other logo, picture, image or symbol intended to denote or suggest cannabis, hemp, or related paraphernalia. Additionally, a business logo containing the above depictions shall not be displayed as part of any exterior signage. No products, interior signage, advertisements, or like attention-getting items shall be placed or displayed that may be visible from the exterior of the cannabis or hemp business.

(e)

Lighting. All lighting shall be shielded and angled in such a way as to prevent light from spilling outside of the boundaries of the parcel(s) or premises or directly focusing on any surrounding uses. No neon, LED or other light source banding shall be utilized or designed to draw attention to the exterior or interior of a cannabis or hemp business.

(f)

Noise. There shall be no noise carrying beyond the lot upon which a business is located, except for normal car and pedestrian activity.

(g)

Outdoor use. All uses and activity shall be conducted indoors, with no storage or outdoor activity allowed.

(h)

Water conservation measures. Cannabis or hemp businesses that grow or manufacture cannabis or hemp shall include adequate measures, as approved by the city, that minimize the use of water at the site. Water conservation measures, water capture systems, grey water systems, or other equally effective water conservation measures shall be incorporated into the operations to significantly minimize the use of water.

(i)

Security. Cannabis businesses shall implement and maintain sufficient security measures to both deter and prevent unauthorized entrance into areas containing cannabis or cannabis products. Security measures shall include, but are not limited to, the following:

(1)

Prevent individuals from loitering on the premises if they are not engaging in activity expressly related to the operations;

(2)

Establish limited access areas accessible only to authorized dispensary personnel;

(3)

Store all cannabis and cannabis products in a secured and locked safe room, safe, or vault, and in a manner as to prevent diversion, theft, and loss, except for limited amounts of cannabis and cannabis products used for display purposes, samples or immediate sale;

(4)

Twenty-four-hour security surveillance cameras shall be installed and maintained to monitor all entrances and exits to a cannabis business, all interior spaces that are open and accessible to the public, and all interior spaces where cannabis, cash or currency is being stored for any period of time on a regular basis. Video recordings shall be maintained for a minimum of 90 days and shall be made available to the city upon request; and

(5)

Further security requirements above and beyond the minimum-security requirements imposed by state regulations based on the unique circumstances associated with a particular cannabis business, as imposed by the city council.

(6)

Any security bars, gates or grills shall be retractable, shall remain open and retracted when the cannabis or hemp business is open to the public or otherwise in operation and shall not be installed on the exterior of the building.

(h)

Hours of operation.

(1)

cannabis Businesses are limited to retail sale of cannabis, cannabis power, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products between the hours of 10:00 a.m. and 9:00 p.m., seven days a week.

(2)

Lower-potency hemp edible retailer are limited to retail sale of lower-potency hemp edibles, or hemp-derived consumer products for off-site consumption between the hours of 10:00 a.m. and 9:00 p.m., seven days a week. No retail sale of lower-potency hemp edibles, or hemp-derived consumer products for on-site consumption is permitted:

a.

Between 1:00 a.m. and 8:00 a.m. on the days of Tuesday through Thursday;

b.

Between 2:00 a.m. and 8:00 a.m. on the days of Friday through Saturday, provided the business has obtained a 2:00 a.m. license from the state alcohol and gambling division;

c.

Between 12:00 midnight and 8:00 a.m. on Mondays; and

d.

After 2:00 a.m. on Sundays except if a business operates under an on-sale Sunday sales liquor license from the city council.

(Ord. No. 2062, § 5, 10-23-2024)

The city may approve an application for a temporary cannabis event permit if all of the following are met:

(1)

The temporary cannabis event is not located:

a.

Within 1,000 feet of a School.

b.

Within 500 feet of a residential treatment facility.

c.

Within 500 feet of an attraction within a public park that is regularly or intended to be used by minor, including all playground and/or athletic fields.

(2)

The temporary cannabis event may occur during the hours of 10:00 a.m. to 9:00 p.m.

(3)

The temporary cannabis event is setback a minimum of 100 feet from any lot lines.

(4)

On-site consumption of cannabis is not permitted.

(5)

Security shall be present at the temporary cannabis event.

(6)

Application. No less than 30 days from the event's first day, an event organizer shall apply for and obtain a temporary cannabis event permit from the city.

(7)

All ordinances, policies and permit requirements established by the parks and recreation department and the public safety department shall be adhered to.

(8)

No off-site signage shall be permitted.

(Ord. No. 2062, § 6, 10-23-2024)

(a)

Applicability. This division applies to all properties within one-quarter mile of the Gold Line Bus Rapid Transit (BRT) route and on the east side of Interstate 494, requesting comprehensive plan amendment, planned unit development, preliminary plat, and/or site and building plan approval.

(b)

Purpose. These standards are intended to implement the vision, guiding principles and concepts in the adopted Gold Line Station Area Master Plan, to create unique development or redevelopment opportunities, increased transit ridership potential, and enhanced pedestrian connections for the community. As a community gateway, master plan areas shall promote cohesive architectural identity using building materials, landscaping, and other architectural or streetscape features to create a unique sense of place.

(c)

Prohibited uses.

Motor vehicle fuel station.

Motor vehicle wash.

Repair garage.

(d)

Requirements.

(1)

Site standards.

a.

Height. Building height and setbacks to vary by proximity to properties guided as low density. All other uses to follow zoning district requirements.

b.

Setbacks.

1.

Minimum front setback: 50 feet, unless the front setback abuts city-owned right-of-way which includes bus rapid transit, then the minimum front setback shall be 35 feet.

2.

Minimum rear setback: 50 feet, unless the application proposes a residential use, then the minimum rear setback to an interstate shall be 700 feet.

Exception: reduced setback to the interstate may be authorized by a master plan initiated and supported by the comprehensive plan.

3.

Minimum side yard setback (commercial): 20 feet subject to the height and setback table described above.

4.

Minimum side yard setback (residential): 50 feet subject to the height and setback table described above.

(2)

Site design.

a.

Pedestrian connectivity.

1.

Direct pedestrian connections between proposed development and transit facilities, or the existing trail and sidewalk network shall be provided.

2.

In cases of redevelopment, enhanced pedestrian connections shall be required.

3.

Master Plan corridor design shall be installed adjacent to public trail connections.

b.

An overall site amenity theme and materials palette shall be approved as a part of each site and building plan approval to improve design cohesiveness and create a sense of place. The site amenities shall include a combination of elements from the list below as approved via the site and building plan process:

1.

Public gathering spaces.

2.

Paving treatments.

3.

Decorative walkways.

4.

Public art.

5.

Benches located adjacent to main entries, trails and private sidewalks. To count toward the requirement, a minimum of three benches shall be provided.

6.

Decorative fencing or free-standing wall elements.

7.

Other items that meet the intent of creating cohesion, as reviewed and approved by the zoning administrator.

c.

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 24-246.

d.

Bicycle racks shall be required on all sites and shall be located in conveniently located designated areas for each project and include ample setbacks from the sidewalk or trail for snow storage and other maintenance activities (two feet minimum), and shall not occupy parking stalls or landscape islands.

e.

Station area enhancements shall be provided directly adjacent to the station. These areas shall provide plazas, public art, garden areas, benches, gathering spaces and the like.

f.

All sites shall include pedestrian scale lighting. Lighting should mimic the city's standard for the adopted Gold Line Station Area Master Plan or include architectural elements from the building.

g.

Cross section elevations shall be provided for review to soften impacts of new development from adjacent residential properties.

(3)

Building size and orientation.

a.

Buildings shall be positioned to create a presence along public roadways when feasible.

b.

Storefronts shall be oriented to face commercial streets, outdoor plazas, pedestrian corridors or stormwater management areas. If site constraints do not allow, four-sided architecture shall be provided with architectural techniques used to enhance all elevations.

c.

When located at the corner of an important pedestrian intersection or a focal point, the design of the building shall reflect the corner by using a variety of design techniques such as strong vertical mass, a tower element, a diagonal setback at the intersection, a corner plaza, and/or a recessed building entrance at the corner.

d.

The placement of building edges and treatment of architecture, parking, landscaping, sidewalks, and public spaces are to be carefully planned in order to achieve the pedestrian-oriented development envisioned for the districts.

(4)

Architecture. In addition to the standards in section 24-234 and 24-235, the following architectural requirements are required:

a.

An overall architectural theme and building materials palette shall be established. Multiple buildings within the project shall be designed with a minimum of one consistent class I material.

b.

Pedestrian scale architecture shall be required for all buildings within 100 feet of a public right-of-way. The first 12 feet of all buildings from grade at the public street shall be considered the pedestrian level. A minimum of 75 percent class I materials shall be required in this location. Two or more of the following elements shall be incorporated for the pedestrian level:

1.

Brick soldier course as window sills or decorative banding.

2.

Decorative lighting on building facades to enhance architecture and provide additional pedestrian lighting.

3.

Glass and glazing comprising a minimum of 40 percent of the elevation, including transom horizontal windows, spandrel glass, doors, and the like.

4.

Metal awnings and decorative canopies.

5.

Arches, niches, covered walkways to provide depth and visual contrast.

6.

Courtyard access and/or visibility.

7.

Focal stairway elements.

8.

Prominent doorways, columns adjacent to entrances and amenity spaces.

9.

Walk-up porches and balconies interconnected to the existing trail network.

10.

Beams, turrets and decorative cornices integrated into the building façade.

c.

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

1.

Wing walls with decorative headers connected to the building constructed of the same pattern and materials as the building, at a height of at least 14 feet and of a length sufficient to screen trucks from view.

2.

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

3.

Screen walls placed at the parking lot setback line constructed of the same pattern and material as the building, at a height of at least 14 feet and of a length sufficient to screen trucks from view.

d.

Residential buildings three stories and over in height shall require a flat roof.

e.

All commercial buildings shall require a flat roof.

(5)

Landscaping.

a.

An overall landscape theme and planting materials palette has been approved as part of the adopted Gold Line Station Area Master Plan. Plantings within the required setback area and right-of-way shall be consistent with the adopted Gold Line Station Area Master Plan landscape palette.

b.

Landscaping shall incorporate substantial perennial plantings with a variety of species at significant intersections and adjacent to transit stations.

c.

Buildings within 100 feet of a station shall include plazas, distinctive public gathering spaces, substantial gardens, fountains not located in stormwater basins, or the like.

(6)

Parking requirements.

a.

Number of required stalls.

1.

Residential: one stall per bedroom and den plus one guest parking stall per ten units.

2.

Commercial: 80 percent of stalls as required in section 24-242 as classified by use.

b.

Setbacks.

1.

Minimum setback from city-owned right-of-way: 20 feet.

2.

Minimum setback from the interstate: 20 feet.

3.

Minimum setback from properties guided as low density: 75 feet with the preservation of significant natural resources, otherwise 125 feet.

c.

Screening.

1.

A minimum distance of 75 feet from adjacent residential property lines shall be adhered to. Within this buffer, existing trees shall be preserved where feasible and/or additional tree planting will be required.

d.

Off street surface lots.

1.

Where feasible, surface lots shall be constructed interior to the site, with a building between the BRT right-of-way.

2.

Surface lots shall provide pedestrian walkways and connections from stalls to the buildings and to the existing network of trails and sidewalks.

(7)

Other requirements. The city council may apply these requirements to projects also requesting conditional use permit review to implement the purpose of the adopted Gold Line Station Area Master Plan, the comprehensive plan and any amendments thereto.

(Ord. No. 2063, § 2, 11-20-2024)

The following standards shall apply to drive-through businesses in all districts, except motor fuel stations.

(a)

Design standards.

(1)

The architecture of a drive-through business shall be of the architectural character that matches that of other buildings within the development or then general area. Such architecture or building materials may not necessarily reflect the traditional style of other corporate buildings constructed in the region.

(2)

If canopies cover the drive-through, support columns shall be constructed with the same design and materials as those used on the building.

(3)

Exterior storage areas suitable for storage containers for all waste material may be located on the site. All commercial refuse enclosures shall be constructed of a similar design and materials used on the building.

(b)

General standards.

(1)

Any drive-through business serving food or beverages may also provide, in addition to vehicular service areas, indoor food and beverage service seating area.

(2)

Each drive-through business serving food may have outside seating.

(3)

Each food or beverage drive-through business shall place refuse receptacles at least at all exits to the building.

(c)

Location. No drive-through business shall have access on any street designated or primarily used as a general residential subdivision street.

(Ord. No. 1863, § 1863.02, 10-24-2012)

(a)

Conditional use permit. All apartments and other multiple-family dwellings shall require a conditional use permit subject to the procedures and standards in article II, division 4 of this chapter. In addition, the following standards shall be applicable.

(b)

Additional data. In addition to the required exhibits in section 24-21, all requests for a conditional use permit for multiple-family dwellings shall provide the following additional information:

(1)

Circulation plans for both pedestrians and vehicles.

(2)

Fences and screening devices, including materials, locations, and heights.

(3)

Solid waste disposal provisions and facilities.

(4)

Fire-fighting and other public safety facilities and provisions such as hydrant locations and fire lanes.

(5)

Data pertaining to numbers of dwelling units, unit sizes, lot area, etc.

(6)

A recreation plan illustrating in detail all recreational facilities and structures.

(c)

Landscape provisions.

(1)

All areas of the site not utilized for circulation, parking, recreation, screening, building, storage or similar uses shall be, landscaped.

(2)

The landscaping standards and requirements shall be consistent with article V, division 2 of this chapter.

(d)

Screening.

(1)

Screening to a height of at least five feet shall be required when:

a.

Any off-street parking area contains more than six parking spaces and is within 30 feet of an adjoining residential zone; and

b.

Where the driveway to a parking area of more than six parking spaces is within 30 feet of an adjoining residential zone.

(2)

Sidewalks shall be provided from parking areas, loading zones and recreation areas to the entrances of the building.

(3)

Outdoor swimming pools or other intensive recreation shall observe setbacks required for the principal structure.

(e)

Appearance.

(1)

Any multiple-family dwelling development containing more than four dwelling units shall include recreation areas based on the design and needs of the residents. Need for recreational facilities shall take into account the proximity and types of facilities within the city's parks and trails program.

(2)

No exterior trash or garbage disposal or storage shall be permitted.

(3)

Open air incineration is prohibited. Gas, fuel oil, or electric aided incinerators located in the principal structure or in an accessory structure shall be prohibited.

(f)

Additional densities.

(1)

Additional density above the base density in the comprehensive plan may be allowed using a density bonus at the city's sole discretion through an approved planned unit development.

(2)

To be considered for a density bonus, the proposed project must meet the following minimum requirements:

a.

Each required covered parking space shall be underground.

b.

Unit square footage shall meet the following minimum requirements:

1.

Efficiency units, 650 square feet.

2.

One-bedroom units, 700 square feet.

3.

Two-bedroom units, 900 square feet.

4.

Three-bedroom units, 1,050 square feet.

(3)

To be considered for a density bonus, at the full discretion of the city, the proposed multiple-family dwelling development should include elements over and above the minimum requirements of this chapter including but not limited to:

a.

Additional open space including greater setbacks than required by the ordinance, relative to the height of the building.

b.

Comprehensive landscape plans including berms, plantings and decorative lighting.

c.

On site amenities provided for the sole use of the project residents including but not limited to private recreational areas, gardens and community meeting areas.

d.

Additional Class I material.

(Ord. No. 1863, § 1863.02, 10-24-2012)

Before a conditional use permit for a motor fuel station is granted, the following criteria must be complied with:

(a)

Lot size. A motor fuel station site shall be a minimum of 20,000 square feet in size and a maximum size of 1.75 acres. The other minimum requirements of the zoning district in which the service station is to be located shall be met.

(b)

Design standards. A drainage system, subject to approval by the governing body, shall be installed. The entire site, other than that taken up by a structure or planting, shall be surfaced with asphalt, concrete, or other material approved by the governing body. Pump islands shall not be considered to be part of the required yards.

(c)

Curbs and gutters. Curbs and gutters shall be installed on all streets giving access to the station. There shall be curb and gutter along all interior driveways and defining all parking areas.

(d)

Canopies. Canopies shall be located no closer than 20 feet from any property line. Any lighting located on the underneath side of the canopy shall be recessed mounted with flush lenses and downward directed. Signage and lighting of canopies shall comply with sections 18.5-39 and 18.5-60 of the Woodbury City Code. Canopy columns shall be constructed of the primary materials and design used on the building. Canopy fascia shall be constructed out of the accent materials and design used on the building.

(e)

Landscaping and screening. When adjacent to residential property, the border of the property shall be screened with landscaping and berming in accordance with section 24-248 of the Woodbury City Code.

(f)

Exterior storage. Exterior storage shall be limited to LP gas cylinders and ice sales. The location and color of the storage container shall be reviewed and approved by the zoning administrator. Storage or display of miscellaneous merchandise shall only be permitted adjacent to pumps under the canopy.

(g)

Screening. All areas utilized for the storage or disposal of trash, debris, and similar items shall be fully enclosed and screened in accordance with the Woodbury City Code. All structures and grounds shall be maintained in an orderly, clean and safe manner. Satellite dishes placed on canopies or buildings shall be screened to the extent possible.

(h)

Architecture. The station shall be of a design that is compatible with the surroundings and shall be in accordance with section 24-235 of the Woodbury City Code.

(i)

Other activities. Business activities not listed in the definitions of motor fuel stations and not incidental to the business are not permitted on the premises of a motor fuel station unless a conditional use permit or license is obtained specifically for such business. Such activities include but are not limited to the following:

(1)

Motor vehicle wash;

(2)

Gas pumps located at and a part of other types of business establishments shall require a conditional use permit.

(Ord. No. 1863, § 1863.02, 10-24-2012)

(a)

The building and premises for motor vehicle and marine leasing, sales, services and/or show rooms shall meet the following minimum requirements before submitting an application for a conditional use permit as a planned unit development:

(1)

Lot area and dimensions.

a.

Minimum of ten acres.

b.

Maximum of 15 acres.

c.

Minimum lot width of 300 feet.

d.

Minimum lot depth of 150 feet.

(2)

Building requirements.

a.

Only one primary building is allowed—Minimum size of 50,000 square feet.

b.

Maximum/minimum setback from primary access local street: 75 feet.

c.

Minimum setback from interior lot lines, side street or freeway: 50 feet.

d.

If viewed from an interstate highway overhead service doors shall be located on a side of a building away from the closest lanes of oncoming traffic.

e.

Overhead service doors shall be screened from a public street or residential areas by the use of wing walls.

(3)

Parking lot minimum requirements.

a.

Parking lot setbacks from any public right-of-way or interior side yards shall be 30 feet. No display or vehicle/marine storage shall be allowed on these areas.

b.

Ten percent of the interior parking lot area shall be landscaped to break up large expanses of parking. No display or storage shall be allowed on these areas.

c.

No parking shall be allowed directly between the building and a public right of way except in subsection (4)f. In the case of a corner lot or a double frontage lot, the city council shall determine whether this requirement is necessary on both sides of the building, and if not, they will determine which side(s) of the building may have a parking lot between the public right-of-way and the building.

d.

Customer and employee parking areas shall be clearly identified on the plan and shall not be used for display or storage of inventory for sale.

e.

A decorative wrought iron fence with brick columns and entry gates shall be required for security and to partially replace the extensive berming, screening and landscaping normally required of any typical parking lot.

(4)

Exterior display minimum requirements.

a.

No display or storage shall be allowed on the public right-of-way.

b.

Sites for motor vehicle or marine sales or leasing shall be on one lot not separated by a public street or another land use.

c.

The use of artificial ramps or vertical devices for elevated displays shall be prohibited.

d.

No tent displays shall be allowed.

e.

Within the first 30 feet between the building and a public right-of way exterior vehicle/marine displays in front of buildings shall not to exceed five vehicles/boats and shall be placed on a decorative hard surfaced patio constructed of brick pavers, decorative stamped and colored concrete or better, with permanent planter boxes and other landscaping techniques,

f.

No rooftop parking or displays shall be allowed.

(5)

Inventory storage areas.

a.

Inventory areas adjacent to public streets or side or rear property lines that are secured from normal customer viewing shall have fencing that is constructed on top of a continuous brick wall, at least three feet high, with a fence style approved by the city council.

b.

No dimensions for storage spaces, stacking areas or driving aisles shall be established for inventory areas.

c.

Tractor-trailers unloading vehicles or boats shall not be parked on a public street.

d.

A maximum of two ingress/egress may be allowed off of the primary access roadway.

e.

No parking or display shall be allowed in driveways, entrances or in customer parking areas.

(6)

Miscellaneous minimum requirements.

a.

Pennants, balloons, streamers, pinwheels or other attention attracting devices shall not be allowed. Flags shall be allowed in a manner described in subsection 18.5-19(7) of the sign ordinance. One flag display area shall be clearly identified on the approved site plan.

b.

No freestanding light poles shall be uses as temporary sign supports, as flagpoles or to connect flags, streamers, or pennants. Banners shall only be attached to the building.

c.

Freestanding light standards shall be painted a solid color of black or brown.

d.

No super graphics shall be painted on the building or windows.

e.

Open hoods of vehicles, windshields, car windows, trunks, roofs or the like shall not be used for individual letters or other signage.

f.

No vans, step vans or other vehicles or trailers shall be parked in such a manner so as to advertise the site location, or to promote or advertise a sale or event per subsection 18.5-44(18).

g.

No loudspeakers or music systems shall be used in the parking lot or on or near the exterior of the building.

h.

Minimum separation from similar uses shall be 2,500 feet measured from property line to property line.

(Ord. No. 1863, § 1863.02, 10-24-2012)

(a)

Before a building permit is granted, the following criteria must be complied with:

(1)

Parking spaces within or on top of any ramp or deck shall not be smaller than eight feet nine inches in width and 18 feet in length with 24-foot wide two-way driving lanes or 18-foot wide driving aisles for angled parking.

(2)

Lighting and surveillance cameras and video equipment within and around all parking structures shall be reviewed and approved by the director of public safety. Review of plans by the director of public safety shall include, but not be limited to:

a.

Floor level illumination within any covered ramps or covered parking decks, excluding areas between parked vehicles, shall be maintained at an average of five foot-candles with a minimum light level of 1.5 foot-candles within pedestrian and driving areas. Corridors shall be illuminated to a minimum of five foot-candles and stairways at ten foot-candles.

b.

Photometric plans for all floors shall be designed so as to limit interior lighting to extend outside of the structure to 0.4 foot-candles at the property line.

c.

Interiors of all parking ramps and decks, stairwells and any pedestrian ways within parking ramps or decks shall have a surface color with a minimum reflective value of 75 percent or more as indicated by standard paint color charts.

(3)

Exterior material for the parking ramps shall not be constructed primarily of poured concrete or other concrete materials. Exterior materials and design of the parking structures shall exceed design standards established in the architectural ordinance by the use of at least three exterior class I building materials.

(4)

Class I materials used on the ramp or structure shall be the same as that used on the primary building(s).

(5)

Wherever practical, parking ramps or decks shall be connected to the primary building(s) with a covered walkway or skyway and shall be constructed of exterior materials that match the primary building.

(6)

Metal sculpture or other artistic materials or design shall be included on the facade of each side of the parking ramp or deck facing a public street.

(7)

Exterior pillar sides that can be seen from outside of the building shall be faced with a least one material, other than concrete, that is used on the main facade of the parking ramp.

(8)

Signage identifying any tenants or multiple tenants of the primary use of the property shall not be permitted on any side of a ramp or deck. However, the name of the primary building or the sole user of the primary building may include a sign package as part of the review process.

(Ord. No. 1863, § 1863.02, 10-24-2012)

In order to accommodate the communication needs of residents and businesses while protecting the public health, safety and general welfare of the community, the council finds that these regulations are necessary in order to establish predictable and balanced regulations for the siting and screening of wireless communications equipment while protecting the public against any adverse impacts on the city's aesthetic resources and the public welfare.

Goals in adopting this division are as follows:

(a)

Minimize adverse visual effects of towers through careful design and siting standards;

(b)

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

(c)

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

(d)

Utilization of public land, buildings and structures for wireless communications whenever possible;

(e)

On land outside the metropolitan urban service area the priority will be to site freestanding towers or monopoles on property identified in the comprehensive plan as open space;

(f)

Towers and monopoles shall be designed to accommodate at least one additional user;

(g)

When selecting freestanding sites, the following requirements shall be followed:

(1)

Locations for antennas as permitted uses.

a.

Water towers.

b.

Co-location on existing telecommunication monopoles or towers.

c.

Roofs of buildings over three stories.

d.

Sides of buildings over two stories.

e.

Public rights-of-way to the extent allowed by state statute and chapter 20, article V of this Code.

f.

Existing lighting and utility structures within commercially zoned private property.

g.

Antennas mounted on existing public utility owned lighting structures less than 30 feet above grade and located in and/or adjacent to residentially zoned property and/or rights-of-way.

(2)

Land uses for towers and monopoles as interim conditional uses.

a.

Residential parcels above 20 acres in size.

b.

Public parks and open spaces above 20 acres in size.

c.

Public/semi-public.

d.

Existing monopoles as of November 12, 2008.

(3)

Locations for antennas, towers and monopoles as conditional uses.

a.

Steeples, bell towers or like structures.

b.

Antennas mounted to public utility owned lighting structures and/or towers in excess of 30 feet in height above grade and located in and/or adjacent to residentially zoned property and/or rights-of-way.

(Ord. No. 1863, § 1863.02, 10-24-2012; Ord. No. 1914, § 1, 5-11-2016; Ord. No. 1964, § 1, 7-17-2019)

Antennas and towers and accessory structures in existence as of November 12, 2008, which do not conform to or comply with this division are subject to the following provisions:

(a)

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

(b)

If such towers are damaged or destroyed due to any reason or cause whatsoever, the tower may be repaired and restored to its former use, location and physical dimensions upon obtaining a building permit.

(Ord. No. 1863, § 1863.02, 10-24-2012)

It is not the intention of this division to interfere with, abrogate, or annul any covenant or other agreement between parties; provided, however, where this division imposes greater restrictions upon the use or premises for antennas or towers than are imposed or required by other ordinances, rules, regulations or permits, or by covenants or agreements, the provisions of this division shall govern.

The city will also consider factors such as aesthetic compatibility of all antennas and towers with surrounding structures. This includes the ability to eliminate, underground, or screen ground mounted equipment; dangers within fall zones; distance of facility from roads, sidewalks, trails and bicycle lanes; and future roadway, pedestrian, bicycle, water, wastewater, and storm water improvement plans for the site before issuing permits or prior to entering into a facility collocation agreement.

(Ord. No. 1863, § 1863.02, 10-24-2012; Ord. No. 1964, § 1, 7-17-2019)

All proposed antennas, towers and monopoles located in residentially zoned right-of-way and on private property shall be accompanied by the following materials:

Exception: Any proposed antennas and/or towers located in non-residentially zoned right-of-way shall meet the requirements allowed by state statute and chapter 20, article V of this Code.

(1)

Submittal of a complete site and building plan review application, accompanied by a registered land survey, complete site plan, schematic drawings, photographic perspectives, and signed by a registered architect, civil engineer or other appropriate design professional.

(2)

A scaled drawing showing the size, location, construction materials, landscaping and screening plan.

(3)

A report prepared by a qualified and licensed professional engineer indicating the existing structure is suitable to accept the antenna, and the proposed method of affixing the antenna to the structure.

(4)

Submittal of an analysis prepared by a radio or electrical engineer demonstrating that the proposed location of the antennas is necessary to meet the coverage and capacity needs of the applicant's system.

(5)

Documents stating what steps the applicant will take to avoid interference with established public safety telecommunications.

(6)

Submittal of any necessary easements and easement exhibits, which have been prepared by an attorney knowledgeable in the area of real estate and which are subject to the city attorney's approval.

(7)

Any application for a new tower and/or monopole shall not be approved unless it can be documented by the applicant that the proposed equipment cannot be accommodated on an existing or approved tower or commercial building within one-half-mile radius, transcending municipal borders, of the proposed tower due to one or more of the following reasons:

a.

The planned equipment would exceed the structural capacity of the existing or approved tower or commercial building.

b.

The planned equipment would cause interference with other existing or planned equipment at the tower or building.

c.

Existing or approved towers and commercial buildings within one-half-mile radius cannot accommodate the planned equipment at a height necessary to [reasonably] function.

(Ord. No. 1964, § 1, 7-17-2019)

Editor's note— Ord. No. 1964, § 1, adopted July 17, 2019, amended § 24-317 in its entirety to read as herein set out. Former § 24-317 pertained to prohibited locations, and derived from Ord. No. 1914, § 1, 5-11-2016.

(a)

In reviewing an application for an interim conditional use permit for the construction and maintenance of radio and television antennas and towers, monopoles and accessory structures, the city council shall consider the advice and recommendations of the planning and zoning commission and the effect of the proposed use upon the health, safety, convenience and general welfare of occupants of surrounding lands, the effects on property values of property in surrounding areas, and the effect of the proposed use on the comprehensive plan.

(b)

No person, firm or corporation shall erect a freestanding monopole, tower or accessory structure in any zoning district without obtaining an interim conditional use permit. Procedures for obtaining an interim conditional use permit are the same as outlined in article 2, division 3 of the Zoning Code.

(c)

The applicant shall provide at the time of application sufficient information to indicate that construction, installation, and maintenance of the antenna and tower will not create a safety hazard or damage to the property of other persons.

(d)

Interim conditional use permits are not required for:

(1)

Antennas and towers used by the city for city purposes.

(2)

Adjustment, repair or replacement of the elements of an antenna array affixed to a tower or antenna, provided that replacement does not reduce the safety factor.

(3)

Antennas and/or towers erected temporarily for test purposes, for emergency communications. Temporary antennas shall be removed within 72 hours following the termination of testing or emergency communications needs.

(e)

The fee to be paid for the interim conditional use permit shall be established by resolution.

(Ord. No. 1863, § 1863.02, 10-24-2012; Ord. No. 1914, § 1, 5-11-2016; Ord. No. 1964, § 1, 7-17-2019)

(a)

All antennas, towers, monopoles and accessory structures shall comply with all applicable provisions of this Code and this section.

(1)

Antennas, towers, monopoles located in rights-of-way are exempt from this section, except otherwise specifically provided by this chapter.

(b)

No part of any antenna, tower or monopole shall be constructed, located, or maintained at any time, permanently or temporarily, in or upon any required tower and monopole setback area.

(c)

Antennas, towers and monopoles located outside the right-of-way shall not be erected in any zoning district in violation of the following restrictions:

(1)

Towers and monopoles shall not exceed 75 feet in height and shall be setback the height of the structure plus 25 feet from the nearest building or property line.

(2)

Towers and monopoles shall be constructed of, or treated with, corrosive-resistant material.

(3)

The use of guyed towers is prohibited. Towers and monopoles must be self-supporting without the use of wires, cables, beams or other means. All proposed towers shall be monopole design unless an alternative design would better blend into the surrounding environment as approved in conjunction with the issuance of an interim conditional use permit or conditional use permit. Antennas, towers and monopoles shall be kept in good condition, free from rust, graffiti, peeling paint, or other blemish.

(4)

Tower and monopole locations should provide the maximum amount of screening possible for off-site views of the facility.

(5)

Existing on-site vegetation shall be preserved to the maximum extent practical.

(6)

The installation location shall be designed to be compatible with the underlying site plan.

(7)

The tower and/or monopoles shall be a light blue, gray or other color that is demonstrated to minimize visibility. Antennas mounted to tower and/or monopole shall be painted to match. No advertising or identification visible off-site shall be placed on the tower or antennas.

(8)

Antennas or similar apparatuses mounted upon the tower shall be subject to state and federal regulations pertaining to non-ionizing radiation and other health hazards related to such facilities. If new, more restrictive standards are adopted, the antennas shall be made to comply or continued operations may be restricted by the city council. The cost of verification of compliance shall be borne by the owner and operator of said equipment.

(9)

To prevent unauthorized entry, towers and monopole shall have secure accesses.

(10)

Antennas located on the roof of an existing structure shall not extend more than 15 feet above the principle structure to which they are mounted. All roof mounted antennas and associated equipment shall be hidden from view utilizing materials found on the building.

(11)

Any façade mounted antennas shall use designs and mounts that minimize visual impact. Antennas and mounts shall be painted to match the existing structure. All wires and associated equipment shall be hidden from view.

(12)

Antennas mounted on light poles and/or utility structures are subject to the following additional standards:

a.

Equipment shall not extend more than three feet above the top of the light pole or utility structure.

b.

Any replacement light pole or utility structure shall not exceed the height of the existing structure, including antennas or associated equipment, and shall not exceed the diameter of the existing pole or structure by more than 50 percent.

c.

Any replacement light pole or utility structures shall match the existing and surrounding structures in materials and color.

d.

Equipment shall use designs and mounts that minimize visual impact.

e.

All equipment shall be aesthetically compatible with the structure upon which the proposed antenna is to be mounted and with the surrounding use.

f.

Any equipment associated with the antennas and towers located at grade in or adjacent to the residentially zoned rights-of-way is prohibited.

(d)

At grade accessory structures and equipment associated with antennas, towers and monopoles shall comply with the following standards:

(1)

At grade accessory structures and equipment shall be placed below grade unless not technically feasible;

(2)

At grade accessory structures and equipment shall not create a safety hazard;

(3)

At grade accessory structures and equipment shall not be located so as to impair the vision of the driver of a vehicle and pedestrian;

(4)

Accessory structures and equipment shall be designed to be architecturally compatible with principal structures on the site;

(5)

At grade accessory structures and equipment shall be screened by landscaping or other screening compatible with the surrounding environment if deemed necessary by the zoning administrator or designee.

(e)

All antennas, towers and monopoles shall be designed by a licensed engineer to conform to federal and state structural requirements.

(f)

All signal and remote control conductors of low energy extending substantially horizontally above the ground between a tower or antenna and structure, or between towers, shall be at least eight feet above the ground at all points, unless buried underground.

(g)

The base of all AM/FM radio towers shall be surrounded with a six-foot high galvanized chain link fence with signs posted "Danger High Voltage" on all sides.

(h)

The requirements of this section do not apply to:

(1)

Antennas and towers used by the city for city purposes.

(2)

Commercially used antennas and towers existing on April 10, 1985.

(Ord. No. 1863, § 1863.02, 10-24-2012; Ord. No. 1964, § 1, 7-17-2019)

No antenna or tower shall have affixed or attached to it in any way except during time of repair or installation, any lights, reflectors, flashers, daytime strobes or steady nighttime red lights or other illuminating devices, except as required by the Federal Aviation Agency or the Federal Communications Commission or the city, nor shall any tower have constructed thereon, or attached thereto, in any way, any platform, catwalk, crow's nest, or like structure, except during periods of construction or repair.

(Ord. No. 1863, § 1863.02, 10-24-2012)

Any antenna, tower, and/or monopole which is not used for six months shall be deemed abandoned and shall be removed unless a time extension is approved by the zoning administrator. In the event that a tower is not removed within six months of cessation of operations at a site, the tower and associated facilities may be removed by the city and the costs of removal assessed against the property.

(Ord. No. 1863, § 1863.02, 10-24-2012; Ord. No. 1964, § 1, 7-17-2019)

A proposal for a new personal wireless service tower shall not be approved unless it can be documented by the applicant to the satisfaction of the city council that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or commercial building within one-half-mile radius, transcending municipal borders, of the proposed tower due to one or more of the following reasons:

(a)

The planned equipment would exceed the structural capacity of the existing or approved tower or commercial building.

(b)

The planned equipment would cause interference with other existing or planned equipment at the tower or building.

(c)

Existing or approved towers and commercial buildings within one-half-mile radius cannot accommodate the planned equipment at a height necessary to [reasonably] function.

(d)

The applicant has demonstrated by providing a city wide coverage/interference analysis and capacity analysis that location of the antennas as proposed is necessary to meet the frequency reuse and spacing needs of the cellular system and to provide adequate portable cellular telephone coverage and capacity to areas which cannot be adequately served by locating the antennas in a less restrictive district or an existing structure.

(Ord. No. 1863, § 1863.02, 10-24-2012)

No person, firm or corporation shall erect a monopole in a residential zone within the metropolitan urban service area without obtaining an interim conditional use permit subject to the following minimum conditions:

(1)

The applicant shall demonstrate, by providing a coverage/interference analysis and capacity analysis, that location of the tower as proposed is necessary to meet the frequency reuse and spacing needs of the wireless system and to provide adequate portable wireless telephone coverage and capacity to areas which cannot be adequately served by locating the antennas in a less urbanized area.

(2)

The antennas shall be located on an existing structure if possible, and shall not extend more than 20 feet above the height of the structure to which they are attached.

(3)

If no existing structure which meets the height requirements for the antennas is available for mounting the antennas, the antennas may be mounted on a single pole not to exceed 75 feet in height provided that the pole is located at least the height of the tower from the nearest residential structure, unless a qualified structural engineer shall specify in writing that any collapse of the pole will occur within a lesser distance under all foreseeable circumstances and a lesser setback is agreed to by the city council.

(4)

Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated 75 feet from the side or rear yard and shall be landscaped where appropriate.

(Ord. No. 1863, § 1863.02, 10-24-2012; Ord. No. 1964, § 1, 7-17-2019)

Each application for an interim conditional use permit of AM/FM radio transmission facility shall include either a preliminary or a certified statement that the construction of the tower, including reception and transmission functions, will not interfere with the radio, television, telephone, facsimile machine, computer modems, telephone answering machines, and the like that are services enjoyed by area residential and nonresidential properties. In the event only a preliminary statement is submitted with the application, a final certified statement of noninterference will be provided and approved by the city prior to issuance of a building permit. The statement shall be prepared by an engineer licensed to practice in the State of Minnesota or other professional accepted by the city. A three-year bond may be required as part of the interim conditional use permit to insure noninterference equipment is provided and installed to suppress interference.

(Ord. No. 1863, § 1863.02, 10-24-2012)

This division applies to alternative energy systems in all zoning districts.

(Ord. No. 1863, § 1863.02, 10-24-2012)

It is the goal of the city council, as expressed in the comprehensive plan, to provide a sustainable quality of life for the city's residents, making careful and effective use of available natural, human and economic resources and ensuring that resources exist to maintain and enhance the quality of life for future residents. In accordance with that goal, the city finds that it is in the public interest to encourage alternative energy systems that have a positive impact on energy production and conservation while not having an adverse impact on the community. Therefore, the purposes of this division include:

(a)

To promote rather than restrict development of alternative energy sources by removing regulatory barriers and creating a clear regulatory path for approving alternative energy systems.

(b)

To create a livable community where development incorporates sustainable design elements such as resource and energy conservation and use of renewable energy.

(c)

To protect and enhance air quality, limit the effects of climate change and decrease use of fossil fuels.

(d)

To encourage alternative energy development in locations where the technology is viable and environmental, economic and social impacts can be mitigated.

(Ord. No. 1863, § 1863.02, 10-24-2012)

The words, terms and phrases, when used in this division, shall have the meanings ascribed to them in section 24-4.

(Ord. No. 1863, § 1863.02, 10-24-2012)

(a)

Zoning districts. Ground source heat pump systems in accordance with the standards in this section are allowed as a permitted accessory use in all zoning districts.

(b)

Standards.

(1)

System requirements.

a.

Only closed loop ground source heat pump systems utilizing heat transfer fluids as defined in section 24-403 are permitted. Open loop ground source heat pump systems are not permitted.

b.

Ground source heat pump systems in public waters may be permitted as an interim conditional use in accordance with section 24-407 subject to approval from the Minnesota Department of Natural Resources and subject to written consent of all property owners and/or approval by an association in accordance with its adopted bylaws.

c.

Ground source heat pump systems in water bodies owned or managed by the City of Woodbury are not permitted.

(2)

Setbacks.

a.

All components of ground source heat pump systems including pumps, borings and loops shall be set back at least five feet from interior side lot lines and at least ten feet from rear lot lines.

b.

Above-ground equipment associated with ground source heat pumps shall not be installed in the front yard of any lot or the side yard of a corner lot adjacent to a public right-of-way and shall meet all required setbacks for the applicable zoning district.

(3)

Easements. Ground source heat pump systems shall not encroach on public drainage, utility roadway or trail easements.

(4)

Noise. Ground source heat pump systems shall comply with Minnesota Pollution Control Agency standards outlined in Minnesota Rules Chapter 7030.

(5)

Screening. Ground source heat pumps are considered mechanical equipment and subject to the requirements of section 24-235(d)(9).

(6)

Deviations. Any deviation from the required standards of this division may be permitted through an interim conditional use permit in accordance with section 24-407

(d)

Safety. Ground source heat pumps shall be certified by Underwriters Laboratories, Inc. and meet the requirements of the State Building Code.

(e)

Abandonment. If the ground source heat pump system remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained in accordance with the following:

(1)

The heat pump and any external mechanical equipment shall be removed.

(2)

Pipes or coils below the land surface shall be filled with grout to displace the heat transfer fluid. The heat transfer fluid shall be captured and disposed of in accordance with applicable regulations. The top of the pipe, coil or boring shall be uncovered and grouted.

(3)

Lake ground source heat pump systems shall be completely removed from the bottom of the body of water.

(f)

Permits. A building permit and interim conditional use permit, if required, shall be obtained for any ground source heat pump system prior to installation. Borings for vertical systems are subject to approval from the Minnesota Department of Public Health.

(Ord. No. 1863, § 1863.02, 10-24-2012)

(a)

Zoning districts. Residential wind turbines in accordance with the standards in this section are permitted accessory uses on lots at least three acres in size in the R-1, urban reserve, and the R-2, rural estate; on lots at least 20 acres in size in the R-4, urban residential zoning districts; and on lots at least one and one-half acres in size in the B-2, general business, and the I-1, light industrial provided the lot does not abut a residential zoning district. Wind energy systems are not permitted in any other zoning districts.

(b)

Standards.

(1)

Number. No more than one wind energy system is permitted per parcel.

(2)

Height. In the R-1, urban reserve, zoning district, a maximum hub height of 60 feet is allowed as a permitted accessory use; additional height, up to 120 feet in total height, may be permitted as an interim conditional use in accordance with section 24-407. In the R-2, rural estate, R-4, urban residential, B-2, general business, and I-1, light industrial zoning districts, a maximum hub height of 45 feet is allowed as a permitted accessory use. Additional height, up to 75 feet in total height, may be permitted as an interim conditional use in accordance with section 24-407.

(3)

Blade length. A maximum blade length of 15 feet is permitted.

(4)

Roof mounting. Roof mounted wind turbines are not permitted.

(5)

Setbacks. The base of the wind turbine tower shall be set back from all property lines a distance equal to the hub height. Wind energy systems shall not be installed in the front yard of any lot or in the side yard of a corner lot adjacent to a public right-of-way.

(6)

Easements. Wind energy systems shall not encroach on public drainage, utility roadway or trail easements.

(7)

Noise. Wind energy systems shall comply with Minnesota Pollution Control Agency standards outlined in Minnesota Rules Chapter 7030 at all property lines.

(8)

Screening. Wind energy systems are exempt from the requirements of section 24-235(d)(9).

(9)

Aesthetics. All portions of the wind energy system shall be a nonreflective, non-obtrusive color, subject to the approval of the community development director. Only monopole towers are permitted. The appearance of the turbine, tower and any other related components shall be maintained throughout the life of the wind energy system pursuant to industry standards. Systems shall not be used for displaying any advertising. Systems shall not be illuminated.

(10)

Feeder lines. The electrical collection system shall be placed underground within the interior of each parcel. The collection system may be placed overhead near substations or points of interconnection to the electric grid.

(11)

Deviations. Any deviation from the required standards of this division may be permitted through an interim conditional use permit in accordance with section 24-407.

(d)

Safety.

(1)

Standards and certification.

a.

Standards. Wind energy systems shall meet minimum standards such as International Electrotechnical Commission (IEC) 61400-2 or the American Wind Energy Association's (AWEA) Small Wind Turbine Performance and Safety Standard or other standards as determined by the community development director.

b.

Certification. Wind energy systems shall be certified by Underwriters Laboratories, Inc. and the National Renewable Energy Laboratory, the Small Wind Certification Council or other body as determined by the community development director. The city reserves the right to deny a building permit for proposed wind energy systems deemed to have inadequate certification or testing for operation in a severe winter climate.

c.

Maintenance. Wind energy systems shall be maintained under an agreement or contract by the manufacturer or other qualified entity.

(2)

Utility connection. All grid connected systems shall have an agreement with the local utility prior to the issuance of a building permit. A visible external disconnect must be provided if required by the utility.

(e)

Abandonment. If the wind energy system remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained. Removal includes the entire structure including foundations to below natural grade and transmission equipment.

(f)

Permits. A building permit and interim conditional use permit, if required, shall be obtained for any wind energy system prior to installation.

(Ord. No. 1863, § 1863.02, 10-24-2012)

(a)

Zoning districts. Solar energy systems in accordance with the standards in this section are allowed as a permitted accessory use in all zoning districts.

(b)

Standards.

(1)

Exemption. Passive or building-integrated solar energy systems are exempt from the requirements of this section and shall be regulated as any other building element.

(2)

Minimum lot size. In the R-4, urban residential zoning district, a minimum lot size of 8,000 square feet is required for ground-mounted solar energy systems.

(3)

Height. Roof-mounted solar energy systems shall comply with the maximum height requirements in the applicable zoning district. Ground-mounted solar energy systems shall not exceed 15 feet in height.

(4)

Location. In residential zoning districts, ground-mounted solar energy systems are limited to the rear yard. In nonresidential zoning districts, ground-mounted solar energy systems may be permitted in the front yard of any lot or the side yards on corner lots but shall not encroach in the minimum 20-foot landscaped area adjacent to public rights-of-way.

(5)

Setbacks. Ground-mounted solar energy systems including any appurtenant equipment shall be set back a minimum of 15 feet from all property lines and a minimum of 30 feet from all dwellings located on adjacent lots. Roof-mounted systems shall comply with all building setbacks in the applicable zoning district and shall not extend beyond the exterior perimeter of the building on which the system is mounted.

(6)

Roof mounting. Roof-mounted solar collectors shall be flush mounted on pitched roofs. Solar collectors may be bracket mounted on flat roofs.

(7)

Easements. Solar energy systems shall not encroach on public drainage, utility roadway or trail easements.

(8)

Screening. Solar energy systems shall be screened from view to the extent possible without reducing their efficiency, but are exempt from the strict requirements of section 24-235(d)(9). Screening may include walls, fences or landscaping.

(9)

Maximum area. In the R-4, urban residential, zoning district, ground-mounted solar energy systems shall be limited to a maximum area of 200 square feet. In other residential zoning districts, ground-mounted solar energy systems shall be limited to a maximum area consistent with the accessory structure limitations in section 24-281(b) or no more than 25 percent of the rear yard, whichever is less.

(10)

Aesthetics. All solar energy systems shall use colors that blend with the color of the roof or other structure. Reflection angles from collector surfaces shall be oriented away from neighboring windows. Where necessary, screening may be required to address glare.

(11)

Feeder lines. The electrical collection system shall be placed underground within the interior of each parcel. The collection system may be placed overhead near substations or points of interconnection to the electric grid.

(12)

Deviations. Any deviation from the required standards of this division may be permitted through an interim conditional use permit in accordance with section 24-407

(d)

Safety.

(1)

Standards and certification.

a.

Standards. Solar energy systems shall meet the minimum standards outlined by the International Electrotechnical Commission (IEC), the American Society of Heating, Refrigerating, and Air-conditioning Engineers (ASHRAE), ASTM International, British Standards Institution (BSI), International Electrotechnical Commission (IEC), International Organization for Standardization (ISO), Underwriter's Laboratory (UL), the Solar Rating and Certification Corporation (SRCC) or other standards as determined by the community development director.

b.

Certification. Solar energy systems shall be certified by Underwriters Laboratories, Inc. and the National Renewable Energy Laboratory, the Solar Rating and Certification Corporation or other body as determined by the community development director. The city reserves the right to deny a building permit for proposed solar energy systems deemed to have inadequate certification.

(2)

Utility connection. All grid connected systems shall have an agreement with the local utility prior to the issuance of a building permit. A visible external disconnect must be provided if required by the utility.

(e)

Abandonment. If the solar energy system remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained. Removal includes the entire structure including transmission equipment.

(f)

Permits. A building permit and interim conditional use permit, if required, shall be obtained for any solar energy system prior to installation.

(Ord. No. 1863, § 1863.02, 10-24-2012)

Deviations to the standards in this division may be permitted as an interim conditional use in accordance with section 24-45. In granting an interim conditional use permit, the city council shall consider the criteria in sections 24-43 and 24-45 and the following additional criteria unique to alternative energy systems:

(a)

That the deviation is required to allow for the improved operation of the alternative energy system;

(b)

That the alternative energy system has a net energy gain;

(c)

That the alternative energy system does not adversely affect solar access to adjacent properties;

(d)

That the alternative energy system complies with all other engineering, building, safety and fire regulations; and

(e)

That the alternative energy system is found to not have any adverse impacts on the area, including the health, safety and general welfare of occupants of neighboring properties and users of public rights-of-way.

(Ord. No. 1863, § 1863.02, 10-24-2012)

In interpreting this division and its application, the provisions of these regulations shall be held to be the minimum requirements for the protection of public health, safety and general welfare. This division shall be construed broadly to promote the purposes for which it was adopted.

(Ord. No. 1863, § 1863.02, 10-24-2012)

This division is not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other provision of law except as provided herein. If any provision of this division imposes restrictions different from any other ordinance, rule or regulation, statute or provision of law, the provision that is more restrictive or imposes high standards shall control.

(Ord. No. 1863, § 1863.02, 10-24-2012)

If any part or provision of this division or its application to any developer or circumstance is judged invalid by any competent jurisdiction, the judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which the judgment shall be rendered and shall not affect or impair the validity of the remainder of these regulations or the application of them to other developers or circumstances.

(Ord. No. 1863, § 1863.02, 10-24-2012)