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(a) Purpose. The City Council finds that the use and possession of recreational vehicles are an important factor in the lives of a substantial number of residents of the city. The Council finds that improperly stored recreational vehicles can affect public health and safety, property values and the reasonable use and enjoyment of neighboring properties. While the ability of recreational vehicle owners to provide security of and access to their vehicles is a reasonable expectation, they have a responsibility to respect the rights of residents, owners, and users of neighboring properties, and to avoid interference with the purposes of the zoning district in which they are located. The City Council establishes these regulations as a means to balance the interests of the owners of recreational vehicles, adjacent residents, and the public.
(b) Definitions. The following words and terms used in this section shall have the following meanings unless the context clearly indicates otherwise.
MAJOR MECHANICAL OVERHAUL OR REPAIR. Any maintenance, rebuilding, modification, or repair which renders the vehicle inoperable for more than 48 hours in any 30-day period, or where any external parts or portions of the vehicle are removed or missing from the vehicle for more than 48 hours in any 30-day period.
RECREATIONAL VEHICLE.
(1) Any self-propelled vehicle and any vehicle propelled, drawn, towed, or carried by a self-propelled vehicle, and eligible to be licensed as a recreational vehicle by the State of Minnesota, which is designed to be used for temporary living quarters while engaged in recreational or vacation activities, containing at least four of the following life support systems, two of which must be subsections (A), (B), or (C) below:
(A) Cooking with liquid propane gas supply;
(B) Portable water supply including sink and faucet;
(C) Separate 110-125 volt electrical power supply;
(D) Heating or air conditioning;
(E) Refrigerator, electric or propane; and
(F) Toilet, self-contained or connected to a plumbing system; but not including manufactured homes or house trailers as defined in M.S. § 327.31, as it may be amended from time to time;
(2) A non-motorized trailer intended and generally used for transporting recreational vehicles such as boats and snowmobiles;
(3) A truck with a slide-in camper which is not used primarily for day to day transportation needs;
(4) Snowmobiles, all-terrain vehicles, any type of watercraft and similar vehicles. Such vehicles which are placed on a utility trailer shall, together with the trailer, be considered a single recreational vehicle; or
(5) Hobby vehicles, defined as specialized off-road and racing vehicles that are not primarily used for day to day transportation needs. Such vehicles when placed on a utility trailer are, together with the trailer, considered a single recreational vehicle.
RECREATIONAL VEHICLE TYPES.
(1) CLASS I. A recreational vehicle with a length of less than 20 feet and a height of less than six feet when measured from the parking surface to highest point of the vehicle. Minor portions of such equipment not exceeding four square feet in vertical cross section as viewed from the adjacent lot line, but not more than ten feet in height, are not counted in the height measurement.
(2) CLASS II. A recreational vehicle with a length of 20 feet or more or a height of six feet or more.
(c) Standards.
(1) Standards applicable in all zoning districts.
(A) Recreational vehicles and equipment must not be used for living, sleeping or housekeeping while parked or stored.
(B) Recreational vehicles must not be used for storage or for commercial purposes.
(C) Except on sites with a valid motor vehicle dealer license, recreational vehicles must have a current license and registration.
(D) Any temporary protective coverings of recreational vehicles must be of earth tone colors, including but not limited to brown, tan, grey, or blue, to minimize visual impact on adjacent sites and on the public.
(E) Recreational vehicles must be in operable condition except in non- residential zoning districts on sites where repair is allowed. No recreational vehicle may be parked or stored in a location other than within a building unless it is in a condition for the safe and effective performance of its intended function. No recreational vehicle which is in a state of visible external disrepair may be parked or stored outside of a building.
Recreational vehicles must not be parked or stored on any public street for a period of more than 12 hours in any 24-hour period, and then only when consistent with any specific parking regulations for that street without the prior approval of the Police Department. Recreational vehicles must not, at any time, be parked or stored on the boulevard portion of a public street right-of-way, whether perpendicular or parallel to the street.
(G) No major mechanical overhaul or repair may be performed on recreational vehicles unless conducted within a completely enclosed building.
(H) Recreational vehicles must not block or obstruct sidewalks.
(2) Standards applicable in Single-Family Residential (R-1A, R-1, RS-1) Zoning Districts.
(A) Number. The number of recreational vehicles permitted to be parked or stored on a site in Single-Family Residential Zoning Districts (R-1A, R-1, RS-1) is governed by the following provisions:
(i) There is no limit on the number of Class I recreational vehicles that are parked or stored within a building.
(ii) The following numerical limits are applicable to Class I recreational vehicles located outside of a building and to Class II recreational vehicles, irrespective of whether they are located inside or outside of a building:
(aa) Two Class I recreational vehicles with zero Class II recreational vehicles or Type II Vehicles (as defined in § 21.301.06(m) of this code); or
(bb) One or fewer Class I recreational vehicles with one Class II recreational vehicle or Type II Vehicle (as defined in § 21.301.06(m) of this code).
(B) Size. Recreational vehicles greater than 40 feet in length are not permitted.
(C) Location.
(i) General location standards.
(aa) Recreational vehicles must not be parked or stored in a manner that overhangs into any public right-of-way.
(bb) Recreational vehicles must not be parked or stored within 10 feet of any public sidewalk.
(cc) Recreational vehicles must not be parked or stored in a manner that creates a safety hazard in the determination of the issuing authority.
(dd) Recreational vehicles may only be parked or stored on a site that contains a permitted principal use.
(ee) Recreational vehicle storage locations must preserve legal off-street parking for at least two vehicles in addition to the recreational vehicle either on the driveway or in the garage. If there is a garage on site, a minimum nine-foot wide area on a legal driveway for other vehicles to park or access the garage is required.
(ii) Placement in rear yards.
(aa) Class I recreational vehicles must be set back at least five feet from any rear lot line not abutting a street and at least 30 feet from any rear lot line abutting a street; and
(bb) Class II recreational vehicles must be set back at least 30 feet from any rear lot line, except that recreational vehicles may be set back as little as five feet from any rear lot line in areas where the recreational vehicle would be entirely between two garages on abutting sites.
(iii) Placement in side yards not abutting a street.
(aa) Recreational vehicles must be set back at least five feet from any side lot line not abutting a street.
(iv) Placement in front yards or side yards abutting streets.
(aa) All recreational vehicles must be set back at least five feet from any property line, at least ten feet from any sidewalk, and at least 20 feet from the back side of any street curb or edge of pavement; and
(bb) Except for temporary loading and unloading in accordance with § 21.301.13(c)(2)(F), temporary guest visits in accordance with § 21.301.13(c)(2)(G), and where the recreational vehicle would be entirely between two garages on abutting sites, recreational vehicles extending more than eight feet in front of the dwelling wall plane facing a street must meet the following additional standards:
(AA) Recreational vehicles must not exceed 11 feet in height at any point. When measuring height for this subsection, appendages including but not limited to HVAC units, antennas, and unextended masts are not included;
(BB) Recreational vehicles, including any trailers, must not exceed 25 feet in length. When measuring length for this subsection, appendages including but not limited to motors, spare tires, hitches and trailer tongues are not included;
(CC) Recreational vehicles must be parked or stored no more than 30 feet closer to the street than the principal building on the same site;
(DD) Recreational vehicles must be parked or stored on a conforming or legally nonconforming driveway or off-drive parking area; and
(EE) Recreational vehicles more than eight feet in front of the dwelling wall plane facing a street are subject to the following seasonal storage restrictions:
1. During the months of November through March, storage of summer oriented recreational vehicles is prohibited;
2. During the months of May through October, storage of winter oriented recreational vehicles (including but not limited to snowmobiles and ice fishing oriented recreational vehicles) is prohibited;
3. Recreational vehicles that are both summer and winter oriented are not subject to seasonal storage restrictions provided all other applicable standards are met.
(D) Screening. Visual screening in the form of a fence or live evergreen plantings must be provided where the recreational vehicle is readily visible from abutting properties and is placed in a rear yard, in a side yard not abutting a street, or in a front or side yard abutting a street when the full RV is less than eight feet in front of the plane of the wall of the dwelling facing a street. A recreational vehicle is readily visible if more than 50% of its horizontal length can be viewed from within a primary dwelling on an abutting lot.
(i) Fences must screen the maximum amount of the vehicle possible while meeting other requirements of this code.
(ii) Live plantings that are used to screen recreational vehicles must be selected to screen the entire length and height of the recreational vehicle at full maturity. Live plantings must screen a minimum of 50% of the length and 50% of the height of the recreational vehicle at the time of planting.
(E) Storage location maintenance. Recreational vehicle storage locations must be kept free from weeds or other vegetative growth.
(F) Loading, unloading and routine maintenance. Any recreational vehicle 40 feet or less in length may be temporarily parked in a driveway for the sole and express purpose of loading and unloading or for routine maintenance for a period not exceeding 72 hours in any seven consecutive day period.
(G) Ownership and guest parking. All recreational vehicles parked or stored must be owned or leased by an occupant of the site where parked or stored. Guests of the occupant of the site may park recreational vehicles on a driveway on the site for a period not exceeding seven days in any consecutive six month period provided all other recreational vehicle standards are met. No nuisances, including noise, light and odor created by such guest parking are permitted.
(3) Standards applicable In Multiple-Family Residential (R-3, R-4, RM-12, RM-24) Zoning Districts.
(A) Ownership. All recreational vehicles parked or stored must be owned or leased by an occupant of the premises where parked or stored.
(B) Placement. Any such vehicle parked or stored outdoors must be parked or stored on hard surfaced areas meeting the minimum setback requirements for parking lots. Any parking spaces used for parking or storage of recreational vehicles must be in excess of the minimum number of parking spaces required by this code or by any condition of approval of the issuing authority.
(C) Screening. No parking or storage of recreational vehicles is permitted unless they are screened from adjacent properties and public rights-of-way by a fence, building or live plantings.
(D) Size. Recreational vehicles greater than 40 feet in length are not permitted.
(E) Principal use. Recreational vehicles may only be parked or stored on a site that contains an allowed principal use.
(4) Standards applicable in all other zoning districts.
(A) Duration. Except where the property is licensed for motor vehicle sales, used for recreational vehicle repair or the presence of recreational vehicles is otherwise expressly allowed by this code, no recreational vehicles may be parked or stored outdoors for more than 48 hours.
(B) Placement. Any recreational vehicle parked or stored outdoors must be parked or stored on hard surfaced areas meeting the minimum setback requirements for parking lots.
(a) Purpose. The City Council recognizes that preservation and replanting of trees is important on new single-family residential development sites in order to maintain a healthy and desirable community. The City Council also recognizes that a certain amount of tree loss is an inevitable consequence of the residential development process. The City Council finds that these tree preservation regulations help to establish a balance between an individual's rights to develop his or her property and the needs of the community to protect the natural environment. The purpose of these tree preservation regulations includes, but is not limited to:
(1) Prevention of soil erosion and sedimentation;
(2) Improved air quality;
(3) Reduced noise pollution;
(4) Energy conservation through windbreaks and shading;
(5) Control of the urban heat island effect;
(6) Increased property values;
(7) Protection of privacy by maintaining and establishing buffers between conflicting land uses;
(8) Enhanced aesthetics;
(9) Providing habitat for wildlife; and
(10) Support stormwater management.
(b) Applicability. The regulations contained in this section apply to all proposed single- and two-family residential lots for which a plat application was received after August 31, 2006, with the exception of plats that create only lot line adjustments and do not alter the number of lots. The regulations continue to apply for a period of two years after the date the plat was recorded with the county.
(c) Definitions. The following definitions supplement those in § 21.601 and apply only to this section of this code.
CRITICAL ROOT ZONE. The area within a radius surrounding the tree trunk of one foot per one inch DBH of tree diameter. For example, a 20 inch DBH tree has a CRITICAL ROOT ZONE with a radius of 20 feet.
DBH. Diameter at breast height. The diameter of a tree measured four and one-half feet above grade level.
DISTURBANCE ZONES. That part of a site disturbed by tree clearing, grading, trenching or any other construction activities.
HEALTHY TREE. Any significant tree except those deemed diseased by a licensed tree inspector or the City Forester.
NONNATIVE BENEFICIAL. Plant species or varieties that historically originate from outside the local ecosystem and provide benefits to or do not pose a significant threat to native biodiversity, ecosystem function, or human interests.
SIGNIFICANT TREE. Any healthy deciduous hardwood tree or healthy coniferous tree of specific DBH inches as identified in the following table. For the purposes of this § 21.301.14, a prohibited tree species identified in § 18.03 may be considered a significant tree, unless otherwise specified.
Category | Tree Types | Size |
Deciduous Hardwood (General) | All species except Prohibited and Exceptions are Significant when meeting the following size | 12" DBH or greater |
Deciduous Hardwood (Exceptions) | Oak, sugar maple, ironwood, hickory are Significant when meeting the following size | 6" DBH or greater |
Deciduous Hardwood (Prohibited) | Willow, boxelder, aspen, silver maple, multiple stem cottonwood are prohibited | Prohibited |
Coniferous (General) | All species except Prohibited are Significant when meeting the following size | 8" DBH or greater |
Coniferous (Prohibited) | Multiple stem white cedar is prohibited | Prohibited |
TREE TRUNK. The stem portion of a tree from the ground to the first branch thereof.
(d) Removal threshold.
(1) Removal or disturbance of significant trees on lots or proposed lots in the R-1, R1-A and RS-1 Zoning Districts beyond 50% of the total inches DBH of significant trees on the lot or proposed lot requires reforestation as specified in this section. The following trees are not counted toward the calculation of significant trees:
(A) Trees within existing or proposed conservation and protective easements;
(B) Trees within 100-year floodplains;
(C) Trees within wetlands;
(D) Trees on slopes greater than 25%; and
(E) Trees deemed diseased by a licensed tree inspector or the City Forester.
(2) Significant trees within existing conservation and other protective easements, floodplains, wetlands or on slopes greater than 25% must be preserved and may only be removed upon issuance of a permit from the City Forester.
(e) Reforestation requirement. When reforestation is required, the landowner is required to prepare a reforestation plan and must mitigate the loss of significant trees by planting 1.25 caliper inches of replacement trees for each inch DBH of significant trees removed beyond the removal threshold.
(f) Tree preservation standards. To receive credit for preserving existing significant trees, significant trees must be protected from direct and indirect root damage and trunk and crown disturbance. The following preservation standards apply.
(1) Construction activities including parking, material storage, dirt stockpiling, concrete washout and other similar activities must not occur within the critical root zone of any significant tree to be preserved.
(2) There must be no changes to the grade within the critical root zone of any significant tree to be preserved.
(3) A reasonable effort must be made to have utility line trenches and similar uses avoid the critical root zone of any significant tree to be preserved. Due to certain site conditions, where disturbance is unavoidable, the City Forester may approve underground tunneling or directional boring of utilities within the critical root zone of any significant tree to be preserved. Trenching, when approved by the City Forester, must be used only as the last alternative and root pruning equipment specifically designed for that purpose must be used. Pruned roots must be sealed with nontoxic wound sealant.
(4) Where the tree preservation standards apply, prior to issuance of building or grading permits, protective fencing must be installed around the limits of the disturbance zone or around the critical root zone of significant trees to be preserved. Such fences must be at least four feet high and must consist of orange polyethylene safety fencing. Fencing must remain in place until construction is completed or other landscaping has been installed and the City Forester has approved the removal of the fencing.
(5) Owners pruning oak trees between April 15 and July 1 must apply an appropriate nontoxic tree wound sealant to any cut areas.
(g) Tree survey and tree preservation plans. All plat applications that would create one or more new parcels in the R-1, R-1A and RS-1 Zoning Districts must include both a tree survey and a tree preservation plan. Tree survey and tree preservation plans must be prepared and signed by a registered surveyor and must include the following information.
(1) Location, diameter and species of all significant trees on the site as well as significant trees within ten feet of the site that will be impacted by the development.
(2) Plans must be at the same scale as the plat plans and must show the proposed lots, existing and proposed structures, driveways, retaining walls and other construction, existing and proposed utilities, existing topography and proposed grading, existing and proposed easements, slopes over 25%, wetlands, conservation or restrictive easements, 100-year floodplains and setbacks.
(3) Plans must identify which significant trees are:
(A) To be protected, preserved and undisturbed;
(B) To be removed or disturbed; and
(C) Not counted in the calculation as discussed in subsection (d)(1) above.
(4) Plans must identify proposed disturbance zones by cross-hatching or gray colored shading on the plan and must identify areas of clearing, grading, trenching and similar activities.
(5) Plans must identify the location of the critical root zone of any significant trees to be saved within 30 feet of proposed disturbance zone.
(6) Plans must identify the location and dimensions of building pads, construction zones for each lot and proposed street layout and grading contours of the site.
(7) Plans must identify the proposed locations and details of tree protection fencing or other tree protection measures to be installed for all significant trees to be preserved.
(8) Signature and registration number of the registered surveyor preparing the plan.
(9) Calculation of total significant tree inches DBH proposed to be removed or disturbed on the site (excluding exempt tree inches) divided by the total significant tree inches DBH on the site (excluding exempt tree inches); showing the net percentage of removal/disturbance.
(10) Plans must identify the location of trees proposed to meet reforestation requirements.
(h) Reforestation plan. All plat applications that would create one or more new parcels in the R-1, R-1A and RS-1 Zoning Districts must include a reforestation plan if the amount of significant tree caliper inches to be removed or disturbed as shown on the tree survey and tree preservation plans exceeds the removal threshold. The reforestation plan must be prepared and signed by a registered landscape architect or certified arborist and must comply with the following criteria.
(1) The plan must indicate the location and caliper inches or height of all trees to be planted.
(2) No more than one-half of the trees to be planted may be from any one species.
(3) Trees are encouraged to be native to the region; up to one-half of the planted trees may be nonnative beneficial species or varieties.
(4) No more than 15% of the required tree inches may be of ornamental species.
(5) The minimum planting size for deciduous trees is two and one-half caliper inches.
(6) The minimum planting size for coniferous trees is six feet in height.
(7) Trees must be planted a minimum of 15 feet apart from one another and from existing trees, except where approved by City Forester.
(8) Trees to be planted must be from certified nursery stock as defined and controlled by M.S. Chapter 18H, as it may be amended from time to time, the Plant Pest Act.
(9) The plan must include a planting schedule with a tree key, botanical and common tree names, the quantity and size of each tree species to be planted, the total caliper inches of trees to be added and the anticipated heights and spread at maturity.
(10) Unless approved by the City Engineer, trees must not be planted within 15 feet of city curb and gutter or sidewalk, must not be planted in a clear view triangle area and must not be planted in a public utility easement.
(i) Authority of the City Forester.
(1) The tree survey, tree preservation plan and any related reforestation plan must be reviewed and evaluated by the City Forester.
(2) The City Forester has the authority to approve, deny, condition or reject as incomplete a tree survey, tree preservation plan, or reforestation plan.
(3) A tree preservation plan and reforestation plan may be amended after it has been approved. The City Forester has authority to approve amendments, except that a change resulting in removal of more than 10% of the significant tree inches DBH that were shown as preserved on an approved tree preservation plan requires further review by the City Council. As part of any amendment to a tree preservation plan, the required reforestation may be increased or reduced accordingly. Requests for amendments must be submitted prior to removal of any trees shown as preserved on an approved plan.
(4) The City Forester has the authority to establish surety rates.
(j) Surety. When a reforestation plan is required, a reforestation surety must be submitted prior to issuance of a grading permit, or building permit if no grading permit is required, to ensure that proposed trees shown on a reforestation plan are installed as proposed and survive through at least one full growing season lasting one year. The reforestation surety must reflect the average market rates for providing, installing and warranting plant materials that equal or exceed the total required reforestation caliper inches multiplied by the average value per caliper inch of trees as determined by the City Forester. The minimum surety amount is $1,000. The surety must be maintained at the calculated level until one year passes from the time of tree planting and the city has inspected the site for conformance to the plan and authorized a reduction or release. The surety may consist of a bond, an irrevocable letter of credit, cash deposit or other instrument which provides an equal performance guarantee to the city.
(k) Inspection and enforcement of the tree preservation plan.
(1) Field staking and pre-grading inspection. When a tree preservation plan is required, all sites must be staked and fenced for tree preservation pursuant to the approved tree preservation plan prior to removal of any trees and prior to issuance of a grading permit, or prior to commencement of any grading operations if no grading permit is required, or prior to issuance of a building permit if no grading operations are required. A copy of the approved tree preservation plan must be submitted with an application for a grading permit or with an application for a building permit if no grading permit is required. Upon staking of the site and installation of the tree protection fencing, but prior to issuance of any permits or commencement of any grading operations, the landowner or applicant must contact the City Forester to schedule an inspection of the staking and fence installation on the site. No permits may be issued, nor may any grading or grubbing operations commence without first receiving authorization by the City Forester. Tree protection fencing must remain in place until after the permanent certificate of occupancy is issued for the building on the site.
(2) Post grading inspection. Upon completion of the preliminary site grading operations, but prior to any further issuance of permits upon the site, the landowner or applicant must contact the City Forester to schedule a second inspection of the site to verify the preservation of trees as shown on the approved tree preservation plan.
(3) Final inspection. Prior to issuance of a certificate of occupancy, the landowner or applicant must contact the City Forester to schedule a final tree preservation inspection to verify the preservation of significant trees and the planting of any reforestation trees as shown on the approved tree preservation plan.
(l) Reserved.
(a) Purpose and intent. The city recognizes the health, safety, aesthetic, ecological and economic value of landscaping and screening. The provisions of this section are intended to:
(1) Add visual interest to open spaces and blank facades;
(2) Soften dominant building mass;
(3) Provide definition for public walkways and open space areas;
(4) Ensure significant tree canopy shading to reduce glare and heat build-up;
(5) Improve the visual quality and continuity within and between developments;
(6) Provide screening and mitigation of potential conflicts between activity areas and more passive areas;
(7) Protect and improve property values;
(8) Improve air quality and provide a buffer from air and noise pollution;
(9) Ensure safe and aesthetic treatment of ponding areas;
(10) Enhance the overall aesthetic conditions within the city;
(11) Limit sight line obstructions and drainage conflicts;
(12) Reduce the potential for criminal and illegal activities;
(13) Prevent conflicts with utilities; and
(14) Improve and sustain ecosystem health across the city.
(b) Landscape plans.
(1) Except for single family uses, a landscape plan must be submitted:
(A) With any application for new development;
(B) With any application for additions or modifications to existing development that physically impacts existing landscaping or screening; or
(C) When changes are made to an existing landscaping or screening plan on file with the city.
(2) Landscape plans must be reviewed and approved by the Planning Manager or designee.
(3) Landscape plans must include information on existing and proposed landscaping and screening in accordance with the Planning Manager's Landscaping and Screening Policies and Procedures and landscape designers are encouraged to review and follow the policy recommendations therein.
(c) Landscaping standards.
(1) Soil surface stabilization. All disturbed areas outside of designated planting beds must be permanently stabilized with an established plant or xeriscaping soil cover. Unstabilized soil surfaces (bare ground, dirt piles and the like) are allowed only when required by a construction project operating under a valid permit if a permit is required. Soil surface stabilization must be completed in conjunction with the construction project within the timeline specified in § 15.201 of this code.
(2) Minimum number of trees and shrubs. Excluding exceptions specified in subsection (c)(2)(E) below, development must at a minimum provide the following numbers of trees and shrubs:
(A) One tree per 2,500 square feet of developable landscaping area; and
(B) One shrub per 1,000 square feet of developable landscaping area.
(i) Up to 50% of the required shrubs may be perennial plants.
(ii) Four perennial plants equal one shrub.
(C) DEVELOPABLE LANDSCAPING AREA is defined as the total area of a development site or phase minus the portion of that area within:
(i) A natural water body;
(ii) A protected wetland;
(iii) A permanent significant natural wooded area; and/or
(iv) A scenic easement.
(D) Existing healthy deciduous trees greater than four caliper inches or existing healthy evergreen trees greater than six feet in height that are located within the developable landscaping area and are not identified on the city's prohibited plant species list (see § 18.03) may be credited toward the minimum required trees on a site.
(E) Exceptions:
(i) Single-family dwellings;
(ii) Two-family dwellings subject to the standards in § 21.302.04;
(iii) In mixed use districts (B-4, C-5, LX) the number of trees and shrubs required in this section may be reduced by up to 25 percent; and
(iv) Fee in lieu of planting. If landscape planting at required levels results in overcrowding of vegetation due to site constraints, the property owner may reduce the number of proposed trees and/or shrubs on the site at the sole discretion of the City Council; provided a cash fee is deposited into a city designated fund that matches the cost differential between the planting required by this provision and the vegetation actually planted on the site as specified in the Landscaping and Screening Policies and Procedures document.
(3) Minimum tree size. Required trees must meet the following minimum size standards:
(A) Overstory trees must be at least two and one-half caliper inches at planting;
(B) Single stem ornamental trees must be at least one and one-half caliper inches at planting; and
(C) Evergreen trees and multi-stem ornamental trees must be at least six feet in height at planting.
(4) Minimum landscape yard. An area for landscaping, kept free of parking, storage or storm water ponds, must be provided around the perimeter of a site.
(A) Standards. Unless otherwise specified in the city code, the landscape yard must be a minimum of 20 feet deep when adjacent to public or private streets and a minimum of five feet deep when not adjacent to streets with the following exceptions:
(i) In the mixed use districts (B-4, C-5, LX) the landscape yard may be reduced to a minimum of five feet provided the screening standards in subsection (d)(4) below are met; and
(ii) Outside the B-4, C-5 and LX Zoning Districts, buildings may be located within the landscape yard when otherwise allowed by the city code.
(B) Elements permitted in landscape yard:
(i) Rain gardens included in an approved landscape plan;
(ii) Sidewalks, bus shelters and entrance drives; and
(iii) Buildings when otherwise allowed by the city code.
(5) Managed natural landscapes. As defined in § 21.601, these landscapes are allowed as specified in Chapter 10, Article VI, subject to the following standards:
(A) Access and obstruction. Managed natural landscapes that abut sidewalks, trails, paths, curb, or streets must not obstruct or impede pedestrian access. Rain gardens may not encroach into the public right of way or utility easements without written approval from the issuing authority.
(B) Height restrictions. All managed landscapes must meet the following height requirements:
(i) Clear view triangle area, as defined in § 21.601.
(ii) Abutting curb lines and sidewalks - See § 21.301.15(f)(6).
(iii) Fire hydrant and utility clear zone - See § 21.301.15(f)(5).
(C) Thatch. Thatch, as defined in § 21.601, must be cleared at least once per year through mowing, burning, or other appropriate means. A burning permit must be issued by the City Fire Marshal.
(D) Standing water restrictions. All managed natural landscapes that are rain gardens must be free of all standing water within 48 hours from the end of the most recent rainfall.
(6) Streetscape. In areas where a district or street specific streetscape plan has been adopted by the City Council, development must provide streetscape plantings as set forth in the district or street specific streetscape plan. Streetscape plantings located within the property lines of the site may be credited toward the required number of trees and shrubs. Streetscape plantings in the public right-of-way are not credited toward the required number of trees and shrubs. Landscaping placed or removed in the public right-of-way must receive city approvals for right-of-way plantings (see § 18.07) and must conform with city right-of-way planting policies.
(7) Parking island trees. A minimum of one deciduous tree must be provided per parking lot island, with the following exceptions:
(A) No trees are required in parking islands used for storm water management purposes;
(B) No trees are required in parking islands within structured parking facilities; and
(C) No trees are required in parking lots with 50 or fewer spaces.
(d) Screening standards.
(1) Perimeter screening designed to buffer incompatible uses. Perimeter screening designed to buffer incompatible uses is required:
(A) Along any off-street parking area containing over six parking spaces that lies within 30 feet of an abutting site that is residentially used and either residentially zoned or guided;
(B) Along any driveway to an off-street parking area containing over six parking spaces when the driveway is within 15 feet of an abutting site that is residentially used and either residentially zoned or guided;
(C) On industrial sites, along any property line that directly abuts a site that is residentially used and either residentially zoned or guided and along any side or rear property line that faces across a street a site that is residentially used and either residentially zoned or guided;
(D) Around outdoor merchandise, materials and equipment stored, kept or displayed with the following exceptions:
(i) In the General Industry (I-3) Zoning District, no perimeter screening is required around outdoor merchandise, materials and equipment except when required through a condition of approval or abutting or across the street from a site that is residentially used and either residentially zoned or guided;
(ii) In the Limited Industry (I-2) Zoning District, no perimeter screening is required around outdoor merchandise, materials and equipment except when required through a condition of approval or abutting or across the street from a site that is residentially used and either residentially zoned or guided;
(iii) No perimeter screening is required around materials and equipment being used for construction occurring on the site;
(iv) No perimeter screening is required around merchandise displayed for sale on convenience facility with fuel sales pump islands; and
(v) No perimeter screening is required around merchandise displayed for sale when otherwise allowed by the city code and located in an area approved for such use on the site plan.
(E) Where required by the City Council through a condition of approval; and
(F) On institutional use sites, along any property line that directly abuts a site that is used for single-family residential uses and either zoned or guided for single-family residential use, except that the approving body may waive the perimeter screening requirement where all property owners along the abutting property line or lines sign an affidavit agreeing to exempt the property from the perimeter screening requirement.
(G) On sites developed for residential use after May 5, 2022 and either residentially zoned or guided:
i. Along any unscreened property line that directly abuts a site that is industrially zoned and used;
ii. Along any unscreened property line shared with a nonresidential use within 15 feet of a driveway to an off-street parking area containing over six parking spaces located within the nonresidential use; and
iii. Along any unscreened property line shared with a nonresidential use within 30 feet of an off-street parking area containing over six parking spaces located within the nonresidential use.
(2) Perimeter screening standards.
(A) Perimeter screening must be a minimum of five feet in height above grade.
(B) Perimeter screening (see Figure 21.301.15(a) below) must consist of:
(i) An architecturally compatible opaque wall or opaque fence;
(ii) A berm;
(iii) Two staggered rows of evergreen trees with trees in each row spaced at a maximum of 12 feet; or
(iv) A combination of the above.
(3) Parking lot screening. Parking lot screening designed to reduce the visual impact of surface parking lots; mitigate glare from headlights; improve the aesthetic quality of the area for users of the site, adjacent sites, roadways and sidewalks; and define the perimeter of the parking lot is required:
(A) Between those portions of an off-street parking area containing five or more parking spaces and a public street where the separation between the parking area and public street is 40 feet or less; and
(B) Where required by the City Council through a condition of approval.
(C) Parking lot screening requirements may be waived in circumstances where perimeter screening is provided or where the elevation of the parking area relative to the elevation of the street and sidewalk would make the screening ineffectual as determined by the Planning Manager.
(4) Parking lot screening standards.
(A) Parking lot screening must be placed where it will most effectively screen the perimeter of the parking lot to be screened.
(B) Parking lot screening must be a minimum of three feet and a maximum of four feet in height as measured from the adjacent finished surface of the parking area. When shrubs are used to provide the screen, such shrubs must be at least two feet tall at planting and anticipated to grow to at least three feet tall at maturity.
(C) Parking lot screening (see Figure 21.301.15(b) below) must consist of:
(i) A compact hedge of evergreen or densely twigged deciduous shrubs spaced to ensure closure into a solid hedge at maturity;
(ii) Perennial plants, including grasses, that form a continuous visual screen;
(iii) An architecturally compatible wall or fence;
(iv) A berm; or
(v) A combination of the above.
(vi) Overstory trees, transit shelters, benches, bicycle racks and similar features may be integrated as a part of the screen.
(e) Special design features. The city allows and encourages use of xeriscaping, rain gardens, lakescaping, native prairie and long grasses in appropriate locations. Use of these materials is further discussed in the Planning Manager's Landscaping and Screening Policies and Procedures document.
(f) Restrictions. The following restrictions on landscaping and screening apply to protect the public health, safety and welfare.
(1) Public easements. Landowners are advised that landscaping features placed in a public easement may be removed without compensation if it is necessary to install, replace or maintain a public utility, sidewalk or drainage way within the easement. Trees, irrigation lines, berms, walls or fences must not be placed in a public easement where public improvements are located without the written approval of the Director of Public Works.
(2) Scenic easements. No earth moving, construction of improvements, planting of new vegetation or removal of existing vegetation may take place within scenic easements held by the city unless authorized by the city in accordance with the easement.
(3) Clear view triangle. Landscaping and screening must not interfere with the clear view triangle area.
(4) Crime prevention through environmental design (CPTED). In support of CPTED principles designed to reduce the fear and incidence of crime and to improve the quality of life, landscaping must support the objectives of natural surveillance, territorial reinforcement, access control and maintenance. These CPTED objectives are further discussed in the Planning Manager's Landscaping and Screening Policies and Procedures document.
(5) Fire hydrant and utility clear zone. The area three feet in radius around all fire hydrants, fire hose connections and utility boxes must be kept free of any trees, shrubs or other landscaping feature that could impede access to or use of the hydrant, fire hose connection or utility box.
(A) The three-foot, circular setback around all fire hydrants, fire hose connections, and utility boxes must be maintained to a height of eight inches or lower.
(B) From the street to the fire hydrant, a path no less than three feet wide must be maintained to a height of eight inches or lower.
(C) The fire hydrant must be clearly visible from the street from all drivable directions.
(g) Authority of Planning Manager. The Planning Manager has the authority to adopt and implement Landscaping and Screening Policies and Procedures for the purpose of specifying landscape plan submittal requirements, establishing surety rates and procedures, establishing landscape material costs for fees in lieu of planting on constrained sites, and offering landscaping and screening material and design recommendations.
(h) Maintenance.
(1) Material maintenance. The property owner must maintain all landscaping and screening materials shown on the approved landscape plan in a manner consistent with the intent and purpose of the plan and city code requirements. Approved landscaping and screening materials that die, become diseased or are significantly damaged must be replaced at the next appropriate planting period with new materials in conformance with the approved landscape plan and applicable city code standards.
(2) Structure maintenance. Landscaping and screening structures such as fences and walls must be maintained in good condition, free of graffiti, peeling paint, decay or warping, must be repaired when needed and replaced periodically to maintain a structurally sound condition.
(4) Removal. Unless a modified landscape plan is approved, landscaping and screening materials and structures approved on a landscape plan must not be removed except when replaced in accordance with this section.
(5) Surety. To ensure that landscaping and screening is installed as proposed and survives through at least one full growing season lasting one year, a landscape performance surety must be submitted prior to issuance of building permits for new development where a landscape plan is required. The landscape surety rate and procedures are set forth in the Planning Manager's Landscaping and Screening Policies and Procedures document. The surety may consist of a bond, an irrevocable letter of credit, cash deposit or other instrument which provides an equal performance guarantee to the city.
(i) Redevelopment compliance.
(1) Redevelopment or large addition. When either full redevelopment of a site is proposed or an addition that would increase total floor area on a site by 25% or more, a landscape plan for the entire site, demonstrating compliance with the requirements of this section, must be submitted for approval.
(2) Small addition. When an addition is proposed that would increase total floor area on a site by less than 25%, but would physically impact existing landscaping, a modified landscape plan for the portion of the site affected by the addition, demonstrating compliance with the requirements of this section, must be submitted for approval.
(3) Reserved.
(4) Additional requirements. Additional requirements for nonconformities are set forth in § 21.504 of this code.
(a) In Residential (R) Districts.
(1) All materials, machinery and equipment must be stored within a building or fully screened so as not to be visible from adjoining or adjacent lands, except for the following: laundry drying and recreational equipment; construction materials related to active construction projects, machinery and equipment currently being used on the premises; landscaping and agricultural equipment and machinery currently being used or intended for use on the premises; off-street parking of passenger automobiles and pick-up trucks; trash and garbage receptacles.
(2) Where a rear yard or a side yard in a residential zoning district abuts a public right-of-way, garbage receptacles are prohibited in the setback area of such rear or side yard and, if located or placed in such rear or side yard, must be screened from view from such street.
(4) All screening must be consistent with the standards in § 21.301.15. Before the erection of any screening required by this section, the plans for such screening must be approved by the Planning Manager.
(b) In Industrial Districts.
(1) Exterior storage, incidental.
(A) To be considered incidental exterior storage, storage must have a direct relationship to the primary use of the site. The primary use of the site must be a permitted or conditional use. If a conditional use, a conditional use permit must be approved prior to exterior storage being located on the site.
(B) Exterior storage must be located in side and rear yards and must not be located between the face of the principal building and public right-of-way.
(C) Exterior storage must be fully screened from public right-of-way and any non-industrially zoned or guided property in a manner consistent with § 21.301.15 of the city code.
(D) The exterior storage area may not exceed the gross floor area of the primary buildings on a site. If exterior storage is associated with a tenant or tenants within a multiple-tenant building or site, the storage area for each tenant may not exceed that tenant's leased floor area within the primary building.
(E) Exterior storage must be maintained in a neat, orderly, and dust-free manner and located on paved bituminous or concrete surface, except that large equipment that would damage paved surfaces may be stored on gravel surfaces provided the property owner actively controls for dust impacts on nearby sites. Fire lanes must be maintained within the storage area.
(F) Exterior storage must not be located in off-street parking spaces required by § 21.301.06 of the city code.
(c) In Commercial and Business Districts.
(1) Displays of merchandise/exterior storage, incidental.
(A) Displays of merchandise may extend up to five feet in front of an existing building and may encroach up to five feet into a required setback area if such building abuts against or extends into the required setback area.
(B) Displays of merchandise must be stored on a paved bituminous or concrete surface.
(C) Displays of merchandise must not reduce or impede the off-street parking area or vehicle access lanes as required by § 21.301.06 of the city code.
(D) Displays of merchandise must not block a sidewalk as required by § 21.301.04 of the city code.
(E) Exterior storage not incidental to the primary use is prohibited.
(F) Exterior storage incidental to the primary use and not a display of merchandise must be fully screened so as not to be visible from adjoining or adjacent lands. All screening must be consistent with the standards in § 21.301.15. Before the erection of any screening required by this section, the plans for such screening must be approved by the Planning Manager.
(2) Exceptions: Displays of merchandise may be displayed on convenience facility with fuel sales pump islands and where motor vehicles, new or used, are lawfully sold on the premises, they may be stored or displayed in off-street parking areas.
(a) Purpose and intent. The City Council finds the generation of waste is a normal and unavoidable part of business and residential activities. Proper refuse, solid waste, and recyclable materials handling is a function that, to avoid nuisances impacting neighboring properties and the general public, must be included in the design and construction of buildings. This section establishes minimum standards for storage and handling of refuse, solid waste, recyclable materials, yard waste, organics, and construction debris. This list is intended to be illustrative not exhaustive. Properly designed storage and handling facilities decrease illegal disposal, enhance employee safety, enhance property aesthetics and decrease the potential for vandalism and unsanitary conditions. Refuse, solid waste, trash, recyclable materials, yard waste, organics, and construction debris are defined in § 10.04 of this code.
(b) Applicability. Upon submittal of a development application or when compliance with this section is required in subsection (f), plans for refuse, solid waste, and recyclable materials handling facilities must be provided for review. Plans must be based on accurate final site and building plans, at an appropriate scale. The plans must illustrate the location and describe the operation of refuse, solid waste, and recyclable storage activities, including, but not limited to, the capacity of appropriate containers for each type of waste.
(c) Storage location.
(1) For single-family, two-family, and townhouse dwelling units with individual dwelling unit trash and recyclables storage and pick-up, all residential solid waste materials must be stored within approved containers appropriate for each type of waste that prevent health and nuisance problems. All solid waste, trash, recyclable materials, yard waste, organics and construction debris must be placed at the assigned collection location no more than 12 hours before and the containers be removed no more than 12 hours after the scheduled collection day. The storage of residential solid waste containers for single family detached homes must be setback 30 feet from any four season living area other than the owner's. Residential solid waste containers must not be stored more than five feet in front of the principal building along any public right-of-way.
(2) For multiple family residential units other than those identified in subsection (c)(1), residential solid waste containers must be stored within a fully enclosed space, which must be attached to the principal structure.
(3) All commercial and office uses must have storage facilities for solid waste, organic and recyclable materials in accordance with one of the following requirements:
(A) Within a fully enclosed space designated for the storage of solid waste, organic and recyclable materials. All required solid waste, organic and recyclable materials enclosures must be accessible from within the principal building. The Issuing Authority may waive the interior access requirement when:
(i) The proposed solid waste, organic and recyclable materials storage facility is not in conflict with the stated purpose in this section of this code;
(ii) The proposed solid waste, organic and recyclable materials storage facility is accessed by separated walkway to the facility that is illuminated in accordance with § 21.301.07 of the city code;
(iii) The proposed solid waste, organic and recyclable materials storage facility will not unreasonably harm or restrict public health, safety and welfare or create a nuisance; and
(iv) The proposed location is attached to the principal structure and does not create a hazard for vehicular or pedestrian traffic.
(B) Power-operated solid waste, organic and recyclable materials processing equipment when loaded from within the principal structure must be screened from all sides except where access is approved by the Issuing Authority. Screening must be constructed using building materials consistent in style, color and composition within the materials on the principal building approved by the Issuing Authority.
(4) All industrial uses must have storage facilities for solid waste, organic and recyclable materials in accordance with one of the following requirements:
(A) For industrial uses where the solid waste, organic and recyclable materials facilities that are not food preparation or food service uses and are located within 300 feet from a property meeting two of the three following criteria: (1) residential use including multiple family; (2) residential designation on the Comprehensive Land Use Plan; or (3) Zoned R-1, R-1A or RS-1, solid waste, organic and recyclable materials must be within a fully enclosed space designated for the processing and storage of solid waste, organic and recyclable materials. All required solid waste, organic and recyclable materials enclosures must be accessible from within the principal building. The Issuing Authority may waive the interior access requirement when:
(i) The proposed solid waste, organic and recyclable materials storage facility is not in conflict with the stated purpose in this section of this code;
(ii) The proposed solid waste, organic and recyclable materials storage facility is accessed by separated walkway to the facility that is illuminated in accordance with § 21.301.07 of the city code;
(iii) The proposed solid waste, organic and recyclable materials storage facility will not unreasonably harm or restrict public health, safety and welfare or create a nuisance; and
(iv) The proposed location is attached to the principal structure and does not create a hazard for vehicular or pedestrian traffic.
(B) For industrial uses where the solid waste and recyclable materials facilities that are not food preparation or food service uses and are located greater than 300 feet from a property meeting two of the three following criteria: (1) residential use; (2) residential designation on the Comprehensive Land Use Plan; or (3) Zoned R-1, R-1A or RS-1, solid waste and recyclable materials may be stored outside a building. Trash, recyclables, and other solid waste storage must be in an approved container and fully screened from adjoining properties and public streets. Screening must be constructed using building materials consistent in style, color and composition with the principal building; or
(C) Solid waste and recyclable materials collection and storage may be outside the building as part of power-operated solid waste or recyclable processing equipment. The equipment must be screened from all sides except where access is approved by the Issuing Authority. Screening must be constructed using building materials consistent in style, color and composition with the principal building and approved by the Issuing Authority.
(D) Industrial uses in the TI District must comply with standards for handling refuse, solid waste, and recyclable materials described in § 21.301.17(c)(3).
(d) Minimum design standards. Solid waste, organic and recyclable materials storage and handling facilities, other than those identified in § 21.301.17(c)(1), must have an exterior design using building materials consistent with the primary structure. The interior must comply with the following minimum requirements:
(1) For all uses other than grocery stores, restaurants or other food service facilities:
(A) Doors must be designed to function properly during periods of ice and snow.
(B) Bump rails or bollards are required to prevent penetration of the walls by the dumpster or roll-off box.
(2) For grocery stores and food service facilities as a primary use:
(A) Floors must be covered with quarry tile or equivalent with integral sanitary cove base tile.
(B) Interior walls must have a smooth non-absorbent material sealed or finished to withstand frequent cleaning.
(C) Bump rails or bollards are required to prevent penetration of the walls by the dumpster or roll-off box.
(D) Doors must be designed to function properly during periods of ice and snow.
(E) Hose bib with back flow prevention must be provided for cleaning the facility.
(F) Floor drains must be connected to the sanitary sewer system.
(e) Minimum storage area requirements.
(1) The minimum size required for recycling must be provided for each building as set forward in Minnesota Administrative Rules 1303.1500, as it may be amended from time to time. An additional solid waste area equal to the recycling area requirement must also be provided. The minimum solid waste storage area may be reduced up to 60% by incorporating a solid waste compacting device or a waste management plan as approved by the Issuing Authority.
(2) Other uses in solid waste and recyclable storage rooms unrelated to solid waste and recyclable handling may be located in the rooms only when approved by the Issuing Authority.
(f) Existing solid waste and recyclables storage facilities that conform to zoning approvals granted prior to February 5, 2001 and that do not comply with the requirements of this section are considered legally nonconforming and may remain, subject to the following provisions:
(1) Solid waste and recyclables storage facilities in compliance with this section are required for any proposal that expands its floor area more than 25%, cumulatively, relative to the floor area in existence as of March 1, 2001.
(2) Screening of all solid waste facilities with a fence, wall, landscaping or comparable materials as approved by the Issuing Authority must be installed when:
(A) Final site and building plans are approved for expansion where the gross floor area of the addition is less than 25% of a building;
(B) Final site and building plans are approved for expansion of a parking lot; or
(C) Final site and building plans are approved for alteration of the exterior building materials.
(3) When the occupancy group of a site is changed the solid waste and recyclable storage must be modified, as necessary, to comply with the requirements of this section. The occupancy groups of the Uniform Building Code must be used to determine occupancy classification for the purposes of this section. In multiple tenant buildings, this provision must apply only to tenant spaces where a change is proposed.
(4) When a nonconforming use ceases for a continuous period of one year, the solid waste and recyclable storage facilities must comply with this section before any use of the site occurs.
(5) Nothing in this section relieves any property of solid waste and recyclable storage requirements that were mandated as a condition of approval for any plan or permit by the City Council before the effective date of this section. The owner of such property may apply to the City Council for removal of the condition and, if the application is approved, comply with the provisions of this section.
(6) Additional requirements for nonconformities are set forth in § 21.504 of this code.
(g) Exceptions.
(1) A food service facility that meets the following criteria may store solid waste and recycling materials in containers within a defined area outdoors provided the standards in § 21.301.17(g)(2) are met.
(A) The food service facility is in an industrial zoning district;
(B) The food service facility does not serve fried food; and
(C) The food service facility is at least 500 feet from the nearest residentially zoned and used property measured in a direct line from the edge of the solid waste area to the closest property line of the residential use.
(2) Exception standards.
(A) The solid waste/recycling area must not be visible from a public street;
(B) The containers must be fully screened from public view by a fence or wall;
(C) The containers must be constructed of non-combustible materials;
(D) The containers must be within 20 feet of an access door of the facility they are serving;
(E) To reduce the amount of leachate flowing to local water bodies, containers must be leak-proof, non-absorbent containing tight-fitting lids;
(F) The solid waste/recycling area must meet the lighting standards for building entrances;
(G) The solid waste/recycling area must be monitored by a security camera;
(H) The solid waste containers must be emptied at least twice per week;
(I) The containers must be cleaned in an area that drains to the sanitary sewer system. Any liquids or refuse that are directed or drain into the storm sewer system would be considered an illicit discharge as described in § 16.10;
(J) The defined area may not be located in required parking areas; and
(K) The defined area may not block sidewalks, drive aisles, or impede pedestrian or vehicular circulation, or interfere with public safety.
(a) Roof-mounted mechanical equipment installed on buildings constructed within the city must be screened to block all parts of the roof-mounted equipment from visibility from adjacent public or private streets or sidewalks.
(b) Screening required by this section must comply with the following:
(1) The screening must be permanently attached to the building and must be capable of withstanding all load requirements as outlined in the State of Minnesota Building Code.
(2) The screening must be constructed with materials that are architecturally compatible with the building. The use of wood, in whole or in part, as a screening material is not considered architecturally compatible unless the building is constructed with a wood exterior.
(3) A parapet wall that meets the screening requirements of this section qualifies as approved screening.
(4) In no case is screening required to be higher above the roof level than the equipment it screens.
(5) All roof-top screening must be kept in good repair.
(6) Existing screening which requires major alteration or replacement must meet the requirements of this section.
(c) Exceptions. The requirements of this section are exempt for the following:
(1) Solar panels, antennas, and chimneys.
(Ord. 2019-2, passed 1-7-2019)
(a) Purpose and intent. To regulate the number, size, location and appearance of all structures accessory to the principal buildings on lots. These regulations apply to attached garages and detached structures, including but not limited to garages, carports, storage buildings, gazebos, growing season extenders, screen houses, playhouses, guard houses, dispatch houses, security houses, gate houses and similar structures.
(b) Number.
Zoning District | Number Allowed |
Single-Family Districts R-1, R-1A, RS-1 | 2 detached structures on any lot. In addition, 1 structure not exceeding 50 square feet in area nor five feet in height is permitted solely for pool equipment and up to two temporary growing season extenders not exceeding 50 square feet in area and not exceeding four feet in height are permitted subject to the setback requirements of § 21.302.07(b)(1). |
All other districts | 1 detached structure per principal building, plus one guard, dispatch, security or gate house per site or development. Additionally, up to two temporary growing season extenders per acre not exceeding 50 square feet in area and not exceeding four feet in height are permitted subject to the setback requirements of § 21.302.07(b)(1). Accessory buildings used to meet minimum parking requirements for multifamily uses are not counted toward the number limit. |
(c) Location.
Zoning District | Minimum Setback in Front and Side Yards Along Streets | Minimum Setback in Rear Yards Along Streets | Minimum Rear Setback Not Along Streets | Minimum Rear Setback Along Alleys | Minimum Side Setback Not Along Streets |
Single-Family Districts R-1, R-1A, RS-1 | Same as principal structures in the zoning district; however, detached structures are not permitted to be located closer to the property line along a street than the principal structure. | Same as principal structures in the zoning district. | 5 feet 10 feet if connected to water or sanitary sewer service | 5 feet | 5 feet 10 feet if connected to water or sanitary sewer service
|
All other districts | Same as principal structures in the zoning district; however, detached structures are not permitted to be located closer to the property line along a public street than the principal structure. | Same as principal structures in the zoning district. | Same as principal structures in the zoning district, except that accessory buildings used to meet minimum parking requirements for multifamily uses may be set back no closer than 10 feet from the rear property line not along streets. | Same as principal structures in the zoning district, except that accessory buildings used to meet minimum parking requirements for multifamily uses may be set back no closer than 10 feet from the rear property line along alleys. | 10 feet |
Guard, dispatch, security or gate houses in all but R-1, R-1A, RS-1 and R-3 Districts | Same as principal structures in the zoning district. | Same as principal structures in the zoning district. | 10 feet | Same as principal structures in the zoning district. | 10 feet
|
(d) Maximum height.
Zoning District | Structure Type | Maximum Height | Special Regulations |
Single-Family Districts R-1, R-1A, RS-1 | Accessory
buildings
, excluding garages | 15 feet measured from the lowest exterior point to the highest point of the roof and in no event may the overall height exceed the height of the dwelling. | |
Garages | See § 21.301.10 for applicable standards and in no event may the overall height exceed the height of the dwelling. | (1) The overall height of any garage door opening, measured from the floor to the trim covering the door header, may not exceed 8 feet. (2) Where the height of a side wall exceeds 10 feet from the floor of the garage to the top of the side wall, the side and rear setbacks of the garage must be increased 1 inch for each inch of side wall height over ten feet. | |
All other districts | Accessory
buildings | 16 feet measured from the lowest exterior point to the highest point of the roof. |
(e) Maximum size.
Zoning District | Parcel Size | Maximum Size | Special Regulations |
Single-Family Districts R-1, R-1A, RS-1 | 15,000 square feet or less | 1,120 sq. ft. for garages and accessory
buildings
combined; however, the combined area may not exceed the ground floor area of the permanent four season living area plus 120 sq. ft. | (1) Not withstanding the maximum size provisions, each single-family dwelling may have a garage structure with a total floor area of up to 600 feet. (2) Exception for tuck under garages. In those instances where all garage space and accessory storage space on a site is attached to and located below floor area used for permanent 4 season living area, there is no limit on the amount of garage floor area. In these instances, the total floor area of all detached accessory buildings is limited to 120 square feet. |
Greater than 15,000 square feet | 1,120 sq. ft. plus an amount of floor area equal to 5% of lot area above 15,000 sq. ft., up to a maximum of 2,000 sq. ft. for garages and accessory
buildings
combined; however, the combined area may not exceed the ground floor area of the permanent 4 season living area plus 120 sq. ft. | ||
Multi-Family Districts R-3, R-4, RM-12, RM-24, RM-50, RM-100 | Any | 25 square feet per dwelling unit, up to a maximum of 600 square feet except for guard, dispatch, security or gate houses, which are limited to a maximum of 250 square feet. | (1) Accessory buildings used to meet minimum parking requirements for multifamily uses have no maximum size |
All other districts | Any | 5% of the ground floor area of the principal building, up to a maximum of 600 square feet except for guard, dispatch, security or gate houses, which are limited to a maximum of 250 square feet. | (1) Accessory buildings used to meet minimum parking requirements for multifamily uses have no maximum size |
(1) Second level storage area within garages and accessory buildings, with six-foot or greater clearance, is counted toward the maximum garage and accessory building floor area.
(f) Construction and finish.
(1) Accessory buildings, including guard, dispatch, security or gate houses, may be constructed of any material accepted by the Minnesota State Building Code, which is appropriate to the application and the location. Accessory buildings must be erected on crushed rock or concrete or be constructed with a treated wood floor.
(2) Exterior materials and finish must match or complement the exterior finish of the principal structure in material, color, and texture. Exterior surfaces of all accessory buildings must be maintained in new or like new condition, free from cracked and peeling paint, rusting and deteriorating materials.
(g) Approvals and permits.
(1) Except in single-family zoning districts, no accessory building may be constructed, erected or installed without approval of final site plans and building plans by the Issuing Authority as set forth in § 21.501.01(c) of the city code.
(2) No accessory building occupying an area greater than 200 square feet may be constructed, erected, or installed without a building permit issued by the Issuing Authority.
(3) All garages must be located to accommodate a code complying driveway (setbacks, impervious surface coverage, etc.) even if a driveway is not proposed at the time of permit.
(h) Other structures.
(1) Tents, canopies and similar temporary structures for the purpose of housing motor or recreational vehicles or storage are prohibited.
(2) Fish houses must be stored in the rear yard of a residential property no closer than five feet from property lines.
(3) Temporary storage units or containers may be stored on any property and must meet the following requirements:
(i) The use of such containers is limited to no more than 30 days per year, per site. For major construction projects or hardship situations, the Environmental Health Division Manager or designee is permitted to grant an extension to the time period.
(ii) Units or containers must be stored on a hard surfaced driveway or parking lot. The temporary units or containers may not block traffic circulation.
(iii) Units or containers must maintain a minimum five-foot setback from abutting properties and may not be stored within the clear view triangle area.
(iv) Semi-truck trailers and cargo containers for temporary storage are limited to commercial or industrial used land and must meet the requirements above.
(4) The storage of temporary buildings or structures, including but not limited to, manufactured homes, accessory buildings, tiny houses, and temporary family health care dwellings is prohibited.
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