(a) Purpose. The City Council finds that it is necessary to regulate the exterior finish and appearance of all primary and accessory buildings and structures that are erected in all of the primary nonresidential zoning districts in the city in order to ensure the consistency in quality, compatibility and character of buildings within comparable zoning districts. The regulation of exterior materials and building construction assures consistent provision of both a high level of structural durability relative to impacts from natural and human-made forces over time and a safe environment for those occupants, equipment and goods within the structure. The provision of a quality exterior finish compliments the building construction by reducing maintenance needs, providing a surface more resistant to damage, assisting in maintaining structure and property value over a longer period, contributing substantially to the compatibility and character of its neighborhood. A quality exterior finish also provides for improved health, safety and welfare of occupants and enclosed goods or equipment by providing increased protection through durability, strength, security, damage resistance and stability.
(b) The following regulations apply to all nonresidential primary and
accessory buildings
and their additions in the following zoning districts:
Single-Family Residential R-1 District
Single-Family Residential R-1A District
Large Lot Single-Family Residential RS-1 District
Townhouse Residential R-3 District
Multiple-Family Residential R-4 District
Multiple-Family Residential RM-12 District
Multiple-Family Residential RM-24 District
Conservation SC District
(1) Coating of exterior walls. No existing uncoated exterior wall finish material approved by the City Council as part of a development approval process shall be coated after the effective date of this section except for the following:
(A) As approved in subsections (f), (g), and (h) below;
(B) Those portions of foundation walls above finished grade may be coated or sealed;
(C) Secondary materials may be coated or sealed;
(D) All exterior wall surfaces and secondary materials that were coated prior to the effective date of this section or allowed to be coated after that date by reason of the granting of development approval, administrative approval or a variance may be maintained, to include, sealing and recoating, in a manner appropriate to that wall finish material or trim and consistent with that existing surface treatment or any prior approval by the issuing authority; and
(E) Murals approved according to the standards and procedures in § 21.301.25 of this city code.
(c) The following regulations apply to all primary and
accessory buildings
and additions in the following zoning districts:
Multiple-Family Residential RM-50 District
Multiple-Family Residential RM-100 District
Neighborhood Office B-1 District
General Commercial B-2 District
Neighborhood Commercial Center B-4 District
Freeway Office and Service C-1 District
Freeway Commercial C-2 District
Freeway Commercial Center C-3 District
Freeway Office C-4 District
Freeway Mixed Use C-5 District
Regional Commercial CR-1 District
Freeway Development FD-2 District
Commercial Service CS-0.5 and CS-1 Districts
Commercial Office CO-1 District
Residential Office RO-24 District
High Intensity Mixed Use with Residential HX-R District
Lindau Mixed Use LX District
Innovation and Technology IT District
Transitional Industrial TI District
(1) Exterior wall finish. Exterior wall surfaces of all buildings, excluding those portions of foundation walls extending normally above finished grade, shall be faced with glass, exterior cement plaster (stucco), natural stone, brick, architectural concrete (excluding tilt-up panel construction unless faced with code compliant material), metal in accordance with adopted policies and procedures set forth in the adopted resolution, or an equivalent or better. Except for glass or metal, all color shall be integral to the exterior wall finish material unless a colored and opaque coating for all or some part of the exterior wall finish material is specifically approved by the City Council as part of a development approval process and where the application has included:
(A) Certification by the coating manufacturer that the coating is appropriate for the intended purpose and will not damage the exterior wall finish material to which it is to be applied; and
(B) Certification by the exterior wall finish material manufacturer that the coating to be applied is one that is appropriate for the exterior wall finish material and that its use will not reduce or void the exterior wall finish material warranty.
(2) Coating of exterior walls. No existing uncoated exterior wall finish material regulated by this section shall be coated after the effective date of this section except for the following:
(A) As approved in subsections (f), (g), and (h) below;
(B) Those portions of foundation walls above finished grade may be coated or sealed;
(C) Secondary materials as listed in subsection (c)(3) below may be coated or sealed;
(D) All exterior wall surfaces and secondary materials that were coated prior to the effective date of this section or allowed to be coated after that date by reason of the granting of development approval, administrative approval or a variance may be maintained, to include sealing and recoating, in a manner appropriate to that wall finish material or trim and consistent with that existing surface treatment or any prior approval by the issuing authority; and
(E) Murals approved according to the standards and procedures in § 21.301.25 of this city code.
(3) Secondary materials. Up to 15% of the exterior wall surface of a building elevation may be secondary materials, such as, wood, metal, exterior insulation finish system (EIFS) or other equivalent material as approved by the issuing authority.
(4) Canopies and awnings. Up to 15% of the exterior wall surface of a building elevation may be covered by canopies and/or awnings intended to provide aesthetic embellishment, shade or weather protection. Exterior wall surface materials covered by canopies or awnings must meet the applicable requirements of this section and, depending on the wall surface material, count as secondary materials. Canopies and awnings must meet all applicable building code requirements to ensure proper installation.
(d) The following regulations apply to all primary and
accessory buildings
and additions in the following zoning districts:
Industrial Park I-1 District
Limited Industrial I-2 District
General Industrial I-3 District
Industrial Park IP District
(1) Exterior wall finish.
(A) Exterior wall surfaces of all buildings, excluding those portions of foundation walls extending normally above finished grade, shall be faced with glass, exterior cement plaster (stucco), natural stone, brick, architectural concrete, architectural concrete masonry units, metal in accordance with adopted policies and procedures set forth in the adopted resolution, or an equivalent or better. Except for glass or metal, all color shall be integral to the exterior wall finish material unless a colored and opaque coating for all or some part of the exterior wall finish material is specifically approved by the City Council as part of a development approval process and where the application has included:
(i) Certification by the coating manufacturer that the coating is appropriate for the intended purpose and will not damage the exterior wall finish material to which it is to be applied; and
(ii) Certification by the exterior wall finish material manufacturer that the coating to be applied is one that is appropriate for the exterior wall finish material and that its use will not reduce or void the exterior wall finish material warranty.
(B) Buildings which do not currently comply with the exterior wall finish materials regulated by this section may be expanded using identical exterior wall finish materials with the approval of the issuing authority, provided that:
(i) More than 50% of the total exterior wall surface area of the existing building, excluding secondary materials as listed in subsection (d)(3) below, does not comply with the exterior wall finish materials regulated by this section;
(ii) The noncomplying exterior wall finish materials are used in compliance with the State Building Code, current edition; and
(iii) The total floor area of the addition does not exceed 50% of the total floor area of the building existing on the effective date of this section.
(2) Coating of exterior walls. No existing uncoated exterior wall finish material regulated by this section shall be coated after the effective date of this section, except for the following:
(A) The application of a clear, gas permeable coating on architectural concrete masonry units at the time of construction only upon certification of such recommendation or requirement by the manufacturer of the units when presented to and approved by the issuing authority. Maintenance shall be allowed thereafter, consistent with the recommendations or requirements of the unit manufacturer;
(B) As approved in subsections (f), (g), and (h) below;
(C) Those portions of foundation walls above finished grade may be coated or sealed;
(D) Secondary materials as listed in subsection (d)(3) below may be coated or sealed;
(E) All exterior wall surfaces and secondary materials that were coated prior to the effective date of this section or allowed to be coated after that date by reason of the granting of development approval, administrative approval or a variance may be maintained, to include sealing and recoating, in a manner appropriate to that wall finish material or trim and consistent with that existing surface treatment or any prior approval by the issuing authority; and
(F) Murals approved according to the standards and procedures in § 21.301.25 of this city code.
(3) Secondary materials. Up to 15% of the exterior wall surface of a building elevation may be secondary materials, such as, wood, metal, exterior insulation finish system (EIFS), or other equivalent material as approved by the issuing authority.
(4) Canopies and awnings. Up to 15% of the exterior wall surface of a building elevation, not counting secondary materials, may be covered by canopies and/or awnings intended to provide aesthetic embellishment, shade or weather protection. Exterior wall surface materials covered by canopies or awnings must meet the applicable requirements of this section and, depending on the wall surface material, count as secondary materials. Canopies and awnings must meet all applicable building code requirements to ensure proper installation.
(e) The following regulations apply to all primary and
accessory buildings
and additions in the following zoning districts:
Mixed Use CX-2 District.
(1) Exterior wall finish. Exterior wall surfaces of all buildings, excluding those portions of foundation walls extending normally above finished grade, shall be faced with glass, exterior cement plaster (stucco), natural stone, brick, architectural concrete, metal in accordance with adopted policies and procedures set forth in the adopted resolution, or an equivalent or better. An exterior insulation finish system (EIFS) may also be used for exterior wall finish material provided that such system is utilized no lower than 18 feet above grade level. Except for glass or metal, all color shall be integral to the exterior wall finish material unless a colored and opaque coating for all or some part of the exterior wall finish material is specifically approved by the City Council as part of a development approval process and where the application has included:
(A) Certification by the coating manufacturer that the coating is appropriate for the intended purpose and will not damage the exterior wall finish material to which it is to be applied; and
(B) Certification by the exterior wall finish material manufacturer that the coating to be applied is one that is appropriate for the exterior wall finish material and that its use will not reduce or void the exterior wall finish material warranty.
(2) Coating of exterior walls. No existing uncoated exterior wall surface material regulated by this section shall be coated after the effective date of this section except for the following:
(A) As approved in subsections (f), (g), and (h) below;
(B) Those portions of foundation walls above finished grade may be coated or sealed;
(C) Secondary materials as listed in subsection (e)(3) below may be coated or sealed;
(D) All exterior wall surfaces and secondary materials that were coated prior to the effective date of this section or allowed to be coated after that date by reason of the granting of development approval, administrative approval or a variance may be maintained, to include sealing and recoating, in a manner appropriate to that wall finish material or trim and consistent with that existing surface treatment or any prior approval by the issuing authority; and
(E) Murals approved according to the standards and procedures in § 21.301.25 of this city code.
(3) Secondary materials. Up to 15% of the exterior wall surface of a building elevation may be secondary materials, such as, wood, metal, exterior insulation finish system (EIFS) when less than 18 feet above grade level, or other equivalent material as approved by the issuing authority.
(4) Canopies and awnings. Up to 15% of the exterior wall surface of a building elevation, not counting secondary materials, may be covered by canopies and/or awnings intended to provide aesthetic embellishment, shade or weather protection. Exterior wall surface materials covered by canopies or awnings must meet the applicable requirements of this section and, depending on the wall surface material, count as secondary materials. Canopies and awnings must meet all applicable requirements to ensure proper installation.
(f) Administrative appeal.
(1) Relief from the coating restriction of this section can be sought through an application for administrative approval of revised plans unless such relief is contrary to the action of the City Council. The administrative process can only be used for the purpose of allowing the application of a coating to an existing uncoated exterior wall finish material regulated by this section for the following purposes:
(A) Application of a coating to address a building maintenance or exterior wall finish material condition; or
(B) Application of a graffiti-resistant coating.
(2) The application for administrative approval shall be filed by the property owner and, in addition to the documentation normally required for such application, shall include the following documentation as may be applicable to the purpose of the coating:
(A) For resolution of a building maintenance or exterior wall finish material condition:
(i) Certification by an architect, engineer or other qualified professional of the existence of a building maintenance or exterior wall finish material condition that requires the application of a coating to the exterior wall finish material; and
(ii) Certification by an architect, engineer or other qualified professional that the application of a coating to the exterior wall finish material is part of a comprehensive solution to correct the identified condition.
(B) For application of a graffiti-resistant coating:
(i) Certification that the coating is specifically designed for that purpose and is either sacrificial or permanent in nature; and
(ii) Certification that the coating is a clear coating which is resistant to weathering, is UV stable, does not change the appearance of the exterior wall finish material, shall have no effect on the substrate, caulking or sealant material, and has a performance guarantee.
(C) General documentation:
(i) That the coating to be applied is specially formulated for the exterior wall finish material to which it is to be applied and is warranted to protect that surface;
(ii) That the coating to be applied does not reduce or void the exterior wall finish material warranty; and
(iii) That the coating shall be applied strictly in accordance with the instructions of both the coating manufacturer and the exterior wall finish material manufacturer.
(g) Variance to coating restriction. Relief from the coating restriction of this section can be sought through the variance process as set forth in Chapter 2 of this code, unless contrary to previous specific action by the City Council, in order to allow the application of a coating to an existing uncoated exterior wall finish material regulated by this section for any purpose. The application shall be filed by the property owner and, in addition to the documentation normally required for such application, shall include without limitation that of the following documentation as may be applicable:
(1) Certification by an architect, engineer or other qualified professional of the existence of a building maintenance or exterior wall finish material condition that requires the application of a coating to the exterior wall finish material;
(2) Certification by an architect, engineer or other qualified professional that the application of a coating to the exterior wall finish material is part of a comprehensive solution to correct the identified condition;
(3) Certification that a proposed graffiti-resistant coating is specifically designed for that purpose and is either sacrificial or permanent in nature;
(4) Certification that a graffiti-resistant coating is a clear coating which is resistant to weathering, is UV stable, does not change the appearance of the exterior wall finish material, shall have no effect on the substrate, caulking or sealant material, and has a performance guarantee;
(5) That the coating to be applied is specially formulated for the surface material to which it is to be applied and is warranted to protect that surface;
(6) That the coating to be applied does not reduce or void the surface material warranty; and
(7) That the coating shall be applied strictly in accordance with the applicable instructions of both the coating and the exterior wall surface manufacturers.
(h) Acrylic finishes. Acrylic finish coatings may be applied over portland cement plaster (stucco) when the following requirements are met:
(1) The applicator complete and submit the installation certification form.
(2) The surface must be smooth, flat and prepared in accordance with a manufacturer's specifications prior to applying the acrylic finish.
(3) Brush or roll-on application of the acrylic finish is not permitted.
(4) The acrylic finish must be comprised of sufficient acrylic solids and aggregate to be troweling consistency.
(5) The following minimum required surface related test criteria must be met in accordance with the testing standards in the exterior materials policy: Accelerated weathering, freeze thaw, salt spray resistance, tensile bond adhesion, water resistance, surface burning, water vapor permeability, mildew, abrasion resistance, and pull-off strength of coatings using portable adhesion testers.
(6) For newly applied stucco, the portland cement plaster basecoat must be allowed to cure for a minimum of seven days before the acrylic finish may be applied. The applicator or contractor must notify the issuing authority when the brown coat has been completed.
(7) Acrylic finish must not be applied to an exterior with existing acrylic finish until:
(A) An architect or engineer licensed by the State of Minnesota or certified applicator of the acrylic finish certifies that the application of additional acrylic finish on the existing acrylic finish will not compromise the structural integrity of the wall;
(B) Certification by an architect, engineer, or certified applicator of the acrylic finish that the acrylic finish will be applied strictly in accordance with the applicable manufacturer's and ASTM standards.
(i) Severability. The provisions of this section are declared to be separate and severable. If any section, subsection, sentence, clause or phrase of this section or the application thereof to any person or circumstance, is held to be invalid, such decision shall not affect the validity of the remaining portions of this section, or the validity of its application to other persons or circumstances. The City Council hereby declares that it would have adopted the section and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
(Ord. 2004-27, passed 5-3-2004; Ord. 2004-32, passed 7-6-2004; Ord. 2005-11, passed 4-25-2005; Ord. 2006-35, passed 9-11-2006; Ord. 2006-49, passed 11-20-2006; Ord. 2011-16, passed 8-1-2011; Ord. 2013-26, passed 11-4-2013; Ord. 2015-3, passed 1-26-2015; Ord. 2015-5, passed 1-26-2015; Ord. 2015-15, passed 5-18-2015; Ord. 2016-6, passed 4-18-2016; Ord. 2017-5, passed 3-20-2017; Ord. 2017-13, passed 5-22-2017; Ord. 2019-2, passed 1-7-2019; Ord. 2019-3, passed 1-7-2019; Ord. 2019-9, passed 1-7-2019; Ord. 2019-54, passed 12-16-2019; Ord. 2023-3, passed 2-6-2023; Ord. 2023-22, passed 8-28-2023)