(A) Development standards. Development standards are established to encourage a high standard of development by providing assurance that land uses will be compatible. The standards are intended to prevent and eliminate conditions which depreciate property values, which cause blight or are detrimental to the environment. Before any building permit is approved, the Zoning Administrator shall determine whether the proposed use will conform to the design and performance standards. The applicant or owner shall supply data necessary to demonstrate such conformance. In order to assure compliance, the city may require the owner or operator of any permitted use to have made such investigations and/or tests as may be required to show adherence to the performance standards.
1. Lot coverage and building setback. The maximum lot coverage shall be determined by the design and development standards, including required open space/plaza areas, traffic sight distance, buffering/berming features and similar requirements of this chapter.
2. Residential setback averaging, front setback. Where at least 50% of the front footage of any block is built up with principal structures, the minimum front yard setback for new structures shall be the average setback of the existing principal structures on the block face or the normal setback requirement in the district, whichever is less, but no less than 20 feet.
3. Association and covenants. A neighborhood association may be required for some developments. Bylaws and covenants shall be provided as required by this chapter. The association and covenants shall provide for use, upkeep, maintenance and insurance for the common area and recreational facilities, private streets (including snow plowing, sweeping and resurfacing and associated lighting), monument sign and preservation of the open space.
4. Yard measurements and regulations. Measurements shall be taken from the nearest point of the building wall to the lot line in question.
5. Non-encroachments. The following shall not be encroachments on yard setback requirements:
(a) Cornices, canopies, chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, eaves, gutters and the like, provided they do not extend more than two feet into a yard, except awnings and canopies, if located within the boundaries of the Downtown Design Manual, are subject to the provisions of the Downtown Design Manual.
(b) Bays and bay windows not to exceed an area of more than 20 square feet may extend into a front or rear yard four and one-half feet and into a side yard no more than two feet, provided the encroachment is no closer than four feet from all lot lines.
(c) A landing place or uncovered porch may extend into the required front yard or rear yard a distance not exceeding six feet, if the landing place or porch has its floor no higher than the entrance floor of the building, an open railing may be placed around such place.
(d) Decks, terraces, steps, stoops, ramps or similar structures, which do not extend more than six feet into a yard and which do not extend in elevation above the height of the ground floor level of the principal building, provided the extension is no closer than four feet from all lot lines.
(e) In rear yards: balconies, breezeways, detached outdoor recreation shelters and recreational equipment.
6. Residential enclosed pet area. A fenced-in area "kennel" for a pet shall not be located between a house and an interior side lot line.
7. Outdoor lighting. All outdoor lighting shall be directed away from adjoining property and from the street unless globe lighting is used. Bare incandescent light bulbs shall not be permitted in view of adjacent property or the public right-of-way, except decorative holiday lights having 7.5 watts or less. No exterior lighting shall exceed 0.4 foot candles at the lot line. Yard lights shall not be closer than five feet from the property line, provided the direct source of light is not visible from the public right-of-way or adjacent residential property.
8. Public waters. No public water shall be used, filled, partially filled, dredged, altered, graded or otherwise disturbed without a permit from the city, watershed district and the state as may be required.
9. Utility installations. All on site utility installations shall be placed underground.
10. Grading. The moving of soil in an area in excess of 5,000 square feet or an amount in excess of 50 cubic yards requires a grading permit unless such activity is part of an approved building permit.
11. Fences and walls.
(a) Regulations applicable to all fences.
i. Permit required.
A. A fence permit shall be obtained prior to the erection, construction, alteration, or moving of a fence within the city.
B. A contractor shall be considered the agent of the owner of the property on which the contractor erects, alters, or moves a fence.
C. A permit shall not be required for athletic field fencing on city-owned parkland.
ii. Fence height. Fence height shall be measured from the normal grade adjacent to the fence line to the highest point of the tallest fence panel.
iii. Location.
A. Fences and walls may be erected, placed, or maintained in any yard along or adjacent to a lot line in accordance with the requirements of this section. The owner shall be responsible for properly locating all property lines before construction of any fence.
B. A three-foot clear space shall be maintained around the circumference of fire hydrants, except as otherwise required or approved. Unobstructed access to fire hydrants shall be maintained at all times.
C. A three-foot clear space shall be maintained around utility boxes, except as otherwise required or approved. In certain circumstances, a radius of up to eight feet may be required around utility boxes as determined by the Utility Director.
D. Fences and walls shall comply with the vision clearance triangle requirements of § 154.010(F)(8)(a).
iv. Utilities and easements.
A. The property owner is responsible for verifying that no conflicts exist with utilities prior to installation of fencing.
B. All fences located in recorded easements are the sole risk of the property owner. The cost of any removal, relocation, or replacement of said structures caused by any activity permitted in said easements is the sole responsibility of the property owner.
C. If located within a drainage easement, the fence shall not obstruct the free flow of water.
v. Construction and maintenance. Every fence shall be constructed in a workmanlike manner of substantial materials widely accepted in the fencing industry and reasonably suited for the purpose for which the fence is intended.
(b) Regulations for residential fences.
i. Height.
A. Fences and walls shall not exceed a height of seven feet in rear or side yards.
B. Fences and walls within the front yard shall not exceed a height of four feet. For the purpose of fencing, the front yard shall extend from the closest point of the principal structure toward the front property line, or shall extend from a 25-foot front setback line toward the front property line, whichever is the shorter distance.
ii. Materials.
A. Prohibited materials include chicken wire, barbed wire, plastic webbing or netting, fences made of makeshift, flimsy materials or other materials which are made from paper, twine, rope, tin, and the like.
B. Fences must be installed so that the more finished side faces the adjacent property. If the fence has posts on one side, the posts shall be placed on the inside side of the fence.
iii. Construction and maintenance.
A. No fence may be connected to that of a neighbor’s unless the owner of the adjoining property agrees, in writing, that the fence may be connected. This agreement shall be submitted at the time of zoning permit application.
B. All fences must be kept in good repair and appearance on both sides of the fence by its owner.
C. The property owner is responsible for maintaining the area between the property line and the owner’s fence.
(c) Regulations for non-residential fences.
i. Height.
A. Fences and walls shall not exceed a height of eight feet without approval by the Zoning Administrator. Fences taller than eight feet may only be permitted for the purpose of screening or security as determined by the Zoning Administrator and shall be limited to ten feet in height. The intent of such screening fence is to block the view of non-residential site elements (such as mechanical equipment, outdoor storage, and the like) from residential property.
ii. Materials.
A. Prohibited materials include chicken wire, plastic webbing or netting, fences made of makeshift, flimsy materials or other materials which are made from paper, twine, rope, tin, and the like.
B. No fence shall be designed to electrically shock.
C. Barbed wire may be installed on nonresidential property in the MU-3 district if the devices securing the barbed wire to the fence are eight feet above the ground and project toward the fenced property and away from any public area.
(d) Temporary or seasonal fences. Temporary or seasonal fences, such as snow fences, erosion control fences, fences to protect newly seeded areas, and the like, are allowed without a permit provided:
i. No such fence may be left in place for more than six months without written city approval.
ii. Any such fence must be removed within 15 days of the city providing written notice to the landowner that the city has determined the fence no longer serves its originally intended, temporary or seasonal purpose.
(e) Nonconforming fences. Any fence existing on the effective date of this chapter and not in conformance with this section may be maintained, but no alteration, modification, or improvement of said fence shall occur, unless installed in conformance with this section.
12. Storage of trash.
(a) Residential uses. There shall be no front yard storage of trash or trash containers except in the 24 hour period prior to a scheduled pickup in residential districts.
(b) Nonresidential uses. Storage of trash in a principal building or in an accessory building shall be allowed.
13. Noise. The source sound level requirements shall apply at the property or zoning lines. Measurements may be made at any location for evaluation purposes.
(a) The source sound levels as stated below shall be the highest source levels permitted, whether or not such sound source is in the zoning district in question.
i. Day (7:00 a.m. to 10:00 p.m.) - an L50 of 60 dBA and an L10 of 65 dBA.
ii. Night (10:00 p.m. to 7:00 a.m.) - an L50 of 50 dBA and an L10 of 55 dBA.
(b) All sound levels originating in any development or property which contains one or more buildings and which is without property lines for each building shall not exceed the source requirements measured at the area of human activity, or if this is ill-defined, at any point on a line, all of whose points are equidistant from any two buildings.
(c) Noise sources shall reduce sound levels of noise in proportion to their contribution when the cumulative effect results in a violation and no specific noise source can be identified as a violation.
(d) Sound levels resulting from travel of motor vehicles on state and county highways and transit vehicles are exempt from these noise source requirements but no other sections of the city code relating to motor vehicles and similar sources.
14. Odors. Odors which are associated with toxic air pollution are regulated by the Minnesota Pollution Control Agency. Other odors are subject to the nuisance provisions of the city's code.
15. Smoke, fumes, gases, dust and other emissions. Such emissions must meet the regulations of the Minnesota Pollution Control Agency. Limits on the emission of dust must meet state and federal regulations. Avoidable amounts of dust to become airborne is not allowed.
16. Hazards. Every operation shall be carried on with reasonable precautions against fire and explosion hazards.
17. Glare. Glare, whether direct or reflected, such as from floodlights or high temperature processes and as differentiated from general illumination shall not be visible at any property line.
18. Vibration. Vibration shall not be discernible at any property line to the human sense of feeling. Additionally, no one shall produce light glare, noise, odor or vibration that will in any way have an objectionable effect upon adjacent or nearby residential properties.
19. Inoperable vehicles or motor vehicle parts. No inoperable motor vehicle, or motor vehicle parts, shall be kept on any lot or yard for a period longer than one week without a permit from the City Manager.
20. Pedestrian circulation. Sidewalks or other designated pedestrian ways shall be clearly indicated and provided for the safety of pedestrians within nonresidential and mixed-use districts.
21. Sidewalks and trails. Complete plans shall be provided for proposed sidewalks and trails to serve parking, recreation and service areas within developments and to link to the city's system.
22. Underground parking. When appropriate, buildings are encouraged to provide for inside, usually underground, parking at a ratio of at least one space per dwelling unit within mixed-use districts.
23. Bicycle storage. When appropriate, buildings are encouraged to provide for bicycle storage in the building storage room or similar place of at least a ratio of one space per dwelling unit within mixed-use districts.
24. Transit. Developments are to take into account the needs for transit and the transit rider and related pedestrian ways. Development of transit facilities and transit plazas are to be furnished on a cooperative basis with participation from property owners, the city and metro transit. New express transit is proposed on Highway 36 with on-line stop(s) with the possibility of a transit station between/near Margaret Street and McKnight Road.
25. Loading docks. All loading docks shall be screened from view of adjacent property where abutting property is used or intended to be used for commercial or residential purposes. Access to such loading areas shall be adequate to provide proper maneuverability of the anticipated traffic, and such access shall not conflict with pedestrian circulation patterns and other uses of the property in the area. New loading docks shall be enclosed.
(B) Usable open space.
1. Residential.
(a) Apartment. Each lot shall contain at least 250 square feet for each apartment unit.
(b) Multiple family. Each lot shall contain at least 250 square feet of usable open space shall be provided for each unit.
(c) Senior housing. Each lot shall contain at least 150 square feet of usable open space per resident.
(d) Townhouse. Each lot shall contain at least 25% of each individual lot area as usable open space.
(e) Cottage developments. Twenty-five percent of the site within a minimum of one contiguous area at least 3,000 square feet in size is required.
2. Nonresidential.
(a) Day nurseries and nursery schools. Shall provide 40 square feet of outside play space per pupil and such space shall be adequately fenced according to the provisions of § 154.010(A)(11).
(b) Office/commercial/industrial. Each lot shall contain usable open space/plazas and shall not be less than 5% of the total lot area.
(C) Density transfer. Transferring density may be allowed when the purpose and result provide:
1. Preservation of natural features and site amenities, such as wooded areas, slopes, prairie vegetation and protection of desirable views;
2. Dedication of more than 11% of the land for usable public park or public sites, excluding wetlands;
3. Dedication to the city, or a public trust acceptable to the city, of land designated as park or preservation consistent with the city's Comprehensive Plan or approved area plans;
4. Such transfer shall be guaranteed through execution of appropriate covenants approved by the City Council, which shall specify the density allowed to be transferred and the conditions under which the transfer is being allowed.
(D) Supplemental regulations. Supplemental regulations are established to address the unique characteristics of certain land uses. The standards and conditions listed for land uses in this chapter are applicable to permitted, conditional, and interim use permits, as specified for each zoning district, unless otherwise noted.
1. Accessory buildings and structures.
(a) Size. The total square feet of an accessory building shall not exceed 10% of the lot area, and in no case shall it exceed 1,000 square feet of gross floor area. The sum of all square footage for attached garages and detached garages shall not equal or exceed the finished livable floor area of the footprint (ground floor) of the principal structure to which it is an accessory.
(b) Height. Accessory buildings shall not exceed the height of the principal building. In no case, shall an accessory building exceed 15 feet in height or in the case of an accessory dwelling unit, then 20 feet shall be the maximum height allowed.
(c) Location. A detached garage or other accessory buildings shall be located in the side or rear yard.
(d) Setbacks. Detached garages or other accessory buildings, including storage sheds, shall be setback a minimum of three feet from side and rear property lines or up to an easement line, but not on it, whichever is greater; and six feet from the principal structure. An accessory building shall be considered as part of a principal building if it is located less than six feet from the principal building and must meet the setbacks of the principal building.
(e) Corner lot. A detached garage or other accessory buildings shall not be located closer than 20 feet to the side lot line adjacent to the street.
(f) Number of structures. No more than two accessory buildings shall be constructed on a lot. The second accessory building shall not exceed 200 square feet. On lots with a detached garage, two additional accessory buildings are permitted, neither of which exceed 200 square feet, subject to the district’s lot coverage requirements.
(g) Time of construction. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory.
(h) Design. The design shall be consistent with the primary building; exterior materials shall be a product that is similar, but not limited to identical product, in terms of appearance, color, and durability.
(i) Multi-family uses. Common walls for accessory buildings may be required where common walls will eliminate unsightly and hazardous areas.
2. Accessory dwelling unit.
(a) No more than one accessory dwelling unit may be located on a lot. No accessory dwelling unit shall be located on an R-1 zoned lot containing a two-family dwelling.
(b) The lot shall have a minimum area of 5,000 square feet.
(c) The lot shall have a minimum width equal to the underlying zoning district requirement.
(d) An attached accessory dwelling unit shall be part of the principal dwelling on the same lot for the purpose of the bulk requirements of the district. Any secondary dwelling unit connected to the principal dwelling is considered attached. An attached accessory dwelling unit must meet the following:
i. The associated principal dwelling unit must continue to meet minimum floor area requirements.
ii. Minimum size of the accessory dwelling unit shall be 300 square feet with a maximum size of 900 square feet.
(e) A detached accessory dwelling unit shall be located within a freestanding structure or above a detached garage of the principal dwelling on the same lot. The minimum size of the detached accessory dwelling unit shall be 300 square feet with a maximum size of 900 square feet.
(f) A detached accessory dwelling unit shall be setback a minimum of ten feet from side and rear property lines or up to an easement line, but not on it whichever is greater.
(g) The entryway to the accessory dwelling unit shall be connected by a paved route, to include driveways or sidewalks, to a street frontage .
(h) The accessory dwelling unit shall have a separate entrance from the principal dwelling.
(i) Home occupations. Type I home occupations are allowed within an accessory dwelling unit, subject to existing general provisions, provided the home occupation is incidental and secondary to the accessory dwelling unit. The home occupation within the ADU shall not be in addition to more than one home occupation within the principal dwelling. Type II home occupations are not allowed within accessory dwelling units.
3. Adult uses.
(a) Such establishments shall be licensed.
(b) An adult use shall not be allowed within 1,000 feet of another existing adult use.
(c) An adult use shall not be located within 500 feet of any residential district or property in a PUD that is or projected to include residential uses.
(d) An adult use shall not be located within 600 feet from the building to an existing school, religious institution, group day care facility or nursery school.
(e) An adult use shall not sell or dispense 3.2% malt liquor or intoxicating liquors, nor shall it be located within 400 feet of a building, which contains a business that sells or dispenses 3.2% malt liquor or intoxicating liquors.
(f) No adult use establishment shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the adult use establishment which is prohibited by any ordinance of the City of North St. Paul, the laws of the State of Minnesota or the United States of America. Nothing in this chapter shall be construed to authorize or permit conduct which is prohibited or regulated by other statutes or ordinances, including but not limited to statutes or ordinances prohibiting the exhibition, sale or distribution of obscene material generally or the exhibition, sale or distribution of specified material to minors.
(g) No adult use shall be conducted in any manner that permits persons on outside property not approved for adult use to perceive or observe any materials depicting, describing or related to "specified sexual activities" or "specified anatomical areas" by any visual or auditory media, including displays, decorations, signs, show windows, sound transmissions or other means;
(h) All adult uses shall prominently display a sign located within two feet of the door-opening device at the entrance of the adult-use establishment or section of the establishment devoted to adult books or materials which states: "This business sells or displays material containing adult themes. Persons under 18 years of age shall not enter." Said sign shall have letters at least one inch and no more than two inches high;
(i) No person under the age of 18 shall be permitted access to material displayed or offered for sale or rent by an adult-use establishment;
(j) Adult mini-theaters are prohibited.
(k) The distance requirement shall be measured along a straight line from the nearest property lines of each use.
4. Animal: boarding facility, kennel, shelter, day care, and grooming (commercial).
(a) Outdoor dog runs or exercise pens shall be located at least 200 feet from a residential use or district.
(b) Any outdoor portion of an animal boarding facility, kennel, shelter, daycare, or grooming facility shall be screened from view from adjacent property by a solid fence, hedge or similar plant material not to exceed seven feet in height. Fences shall adhere to the provisions of § 154.010(A)(11).
(c) Facility owners shall submit written operating procedures, such as those recommended by the American Boarding and Kennel Association (ABKA) or the American Kennel Club (AKC). Such procedures, which shall be followed for the life of the business, must address the identification and correction of animal behavior that impacts surrounding uses, including excessive barking.
5. Assisted living facility and/or memory care facility.
(a) An appropriate transition area between the use and adjacent property may be required, using landscaping, screening, and other site improvements consistent with the character of the neighborhood. The owner shall submit a Management Plan for the facility and a floor plan showing sleeping areas, emergency exits and bathrooms.
6. Automobile body shop or automobile repair station.
(a) Oils and grease. Make adequate provision for inside storage of all new and used petroleum products and other products, liquids or chemicals used in the operation.
(b) Inoperable vehicles. No inoperable vehicle shall be kept on the site longer than 45 days.
(c) Vehicle sales. The site shall not be used to sell vehicles unless a conditional use permit authorizing such use/sales has been granted.
(d) Fencing. Fencing may be required along with additional landscaping to screen the view of the use from adjacent properties.
7. Automobile sales and rental.
(a) The use shall not sell or trade exclusively in used merchandise, but shall have on the site at least 20% of its stock in new, unused vehicles.
(b) The sales lot and principal building shall be on one contiguous site.
(c) A solid fence or wall and hedges or similar plant type of seven feet in height shall be erected and at least a five foot wide landscaped strip shall be provided along all property lines of the site to be used for the sales lot which abut residential districts. Fences shall adhere to the provisions of § 154.010(A)(11).
(d) All paved areas shall be separated from all landscaped areas by concrete box curbs extending at least six inches in height above and below grade.
(e) The outside sales and display area shall not exceed four square feet for every one square foot of the principal building on the site.
8. Automotive service station/convenience store.
(a) Lot size. A service station lot size site shall have a minimum of 35,000 square feet, and the street footage shall be not less than 100 feet.
(b) Setbacks. No building, structure, canopy, gasoline pump, or storage tank shall be located within 25 feet of a residential zoning district.
(c) Pump islands. All pump islands, air dispensers and other service devices shall be installed at least 12 feet from the required setback yard line, and no display, servicing of vehicles, parking or dispensing of gasoline shall take place within the required yard setback. On sites where pump islands have been constructed at the required yard line, a landscaped area of eight feet will be installed in the required yard.
(d) Curbs. A concrete box curb extending not less than six inches above and below grade shall be located along all lot lines abutting a street and along the setback lines, except at approved ingress and egress points and along the outside edge of all driveways.
(e) Drainage. There shall be adequate drainage of the surface of the parking or paved area to a public storm sewer or to other approved storm water facilities. Plans for surfacing and drainage of all parking lots for 20 spaces or more or paved areas of 6,000 square feet or more shall be approved by the city.
(f) Fence. If the property abuts a residential use, a fence that is at least 90% opaque shall be constructed in accordance with the regulations of § 154.010(A)(11). Application of this provision shall not require a fence within the required front yard.
(g) Entire site surfaces. The entire site other than that taken up by structure or landscaping
and shall be surfaced with a dustless all weather material capable of carrying a load of 2,000 pounds per square foot. (Normally a two inch blacktop surfacing on a four inch base or five inches or Portland cement will meet this requirement.)
(h) Outside sale or display. No outside sale or display shall be permitted except gasoline and other goods consumed in the normal operation of a car limited to the following kinds of products: oil, gasoline and oil additives, windshield cleaner, windshield wipers, tires and batteries. No products shall be sold or displayed in any required yard, nor shall the total display area occupy more than 150 square feet in area or be more than five feet in height. No other vehicular parts and non-automobile oriented goods shall be displayed or sold outside, nor shall any automotive service station site be used for the storage and sale or rental of automobiles, trucks, campers, boats, trailers, unlicensed or partially dismantled vehicles or similar vehicles and products, unless a permit under this chapter is approved.
(i) Canopies. Any canopy and canopy support system shall be constructed using architectural design and materials that are compatible with the principal structure.
(j) Public address system. No public address system shall be audible from any property located in a residential district.
(k) Trash or junk materials. No trash or junk materials shall be stored outside unless completely screened from view and stored in a closed metal container; however, such storage shall not take place within the required setback area.
9. Bank, financial institutions.
(a) The drive-in service shall be completely integrated into the principal building, shall not be an appendage to it and shall use the same quality materials as the principal building.
(b) Stacking area for the drive-in shall be subordinate to the primary access for vehicles and pedestrians.
10. Bed and breakfast establishment.
(a) A maximum of four rooms shall be rented.
(b) The establishment shall have a valid permit from the Health Department.
(c) The only meal that may be served is breakfast to registered guests.
(d) No establishment within a residential district shall be located within 500 feet of any other such establishment, measured along a straight line from the nearest property lines of each use.
(e) Length of stay shall not exceed 21 consecutive days for each registered guest.
11. Bulk storage (liquid).
(a) If allowed as an accessory use to a principal use, all existing above ground liquid (oil, gasoline, fertilizer, chemicals and similar materials) storage tanks or structures having a capacity in excess of 300 gallons shall be inspected by the city. The Council may require diking around said tanks or structures, suitably sealed to hold a leakage capacity equal to 115% of the capacity of the tank or structure. Any existing tank or structure that, in the opinion of the city, constitutes a hazard to the public health or safety shall discontinue operations, and if said conditions or structures hereafter erected, constructed or stored shall be inspected by the city in order to assure against fire, explosion, water contamination and other hazards. Special requirements may be required by the city in the case of storage of mobile tanks containing such liquids.
12. Car wash.
(a) Parking. A minimum 35 foot wide landscaped yard shall be required and maintained between any public street right-of-way and stacking areas or parking lots (including maneuvering area). A
minimum side and rear landscaped yard of 15 feet shall be maintained between the parking lot and any lot line adjacent to commercial, industrial, or residential use.
(b) Screening. Solid screening shall be erected and maintained alongside rear yards. If the property abuts a residential use, a fence shall be constructed in accordance with the regulations of § 154.010(A)(11). The screening required by this section shall consist of a solid fence or wall adhering to the provisions of § 154.010(A)(11), or equivalent visual barrier, including plantings, as required and approved by the city. Vacuuming facilities shall not be located along public streets and shall be completely screened from adjacent residential property.
(c) Curbs. Interior curbs shall be constructed within the property lines to separate driving and parking surfaces from landscaped areas. Interior curbs required by this section shall be a normal box curb extending six inches above and below the grade.
(d) Surfacing. The entire site on which the car wash is located other than devoted to buildings and structures and landscaped areas shall be paved, blacktopped or dustless material and maintained to control dust, drainage and such paving or blacktopping shall be subject to approval by the city.
13. Communication structures.
(a) Residential districts. Satellite dishes, antennae and similar devices over three feet in width, length or diameter shall not be allowed in the required front yard nor within 12 feet of the side lot line or rear lot line. Amateur radio support structures (towers) shall not exceed a height above ground level of 70 feet. They shall be mounted on the roof of a dwelling or other building located in the rear yard unless there is not sufficient space to erect them in those locations. They shall be installed in accordance with the instructions furnished by the manufacturer of that tower model. Because of the experimental nature of the amateur radio service, antennas mounted on a tower may be modified and changed at any time so long as the published allowable load on the tower is not exceeded and the structure of the tower remains in accordance with the manufacturer's specifications.
(b) Mixed-use districts.
i. Location.
A. The site shall be screened from the public by visual/physical barriers: berms, trees and the like so as to be visually unobtrusive.
B. Not located closer than 250 feet from residential structures.
C. The tower on any antenna shall not be located closer than a minimum of one and one-half times its collapse radius from all property lines of the site on which it is located.
D. No freestanding tower or antenna shall be closer than one and one-half mile from another free- standing tower or antenna.
ii. Guy wires. Guy wires are prohibited.
iii. Height. The height shall not exceed 100 feet.
iv. Structure. All buildings shall meet architectural control provisions.
v. Noninterference. The facility and operator of the facility shall not interfere with local television, local radio or other forms of local communication. A noninterference agreement shall be required as a condition of approval.
vi. Signs. Signs are not allowed on the tower or antenna, except information signs required by the state or federal government.
vii. Lighting. Lighting of the tower or antenna is prohibited except that which is required to meet a Federal Aviation Agency or state requirement.
viii. Design. Towers and antennae may be allowed on buildings if integrated into the design of the building, or, if less than 20 feet high, they may be located on a rooftop having parapets or other features which screen a portion of the line of site view of the tower or the antenna. An antenna may be located inside a belfry, cupola or similar structure. Freestanding towers or antennae must be a monopole design.
ix. Structural standards. The structural integrity of the facility must be approved by a licensed and qualified structural engineer, and it must meet all structural standards of the Uniform Building Code and standards of all other agencies having review power for the structure.
x. Cooperative or joint use.
A. To reduce clutter and to protect community aesthetics, an applicant must:
1. Use an existing tower, antenna or structure that can reasonably serve as a site/facility for the applicant or provide full documentation as to why such other facilities cannot be used.
2. Allow the requested facility to be a co-location and enter into an agreement with the city allowing such use.
B. For joint use, the facility shall be designed structurally, electrically and in all other respects to accommodate other comparable facilities for at least two other users.
xi. Removal. Co-location agreements shall provide for removal of unused or obsolete facilities no less than six months after being discontinued unless the facility is on city property, in which case the facilities and all its appurtenances shall be removed in accordance with the provisions of the lease.
xii. City property facilities. The city may consider allowing its property and structures to be used for communication towers and antennae, but only when:
A. The use will not result in the increase of risk of denigrating the city's facility or the service provided at the facility, for example, supply residents and businesses with electricity, water, police and fire protection, park open space and recreation or other services.
B. There is sufficient room on an existing structure or on ground to accommodate the facility.
C. The facility will not be harmful to those working or present in the area.
D. The use and facilities are compatible with the city's use and use of adjacent property.
E. The tower or antenna will not increase the city maintenance, operating or capital cost, nor will it increase the city's risk of liability.
F. The tower and antenna will not have an adverse impact on the surrounding property.
G. The proponent/applicant is willing to enter into a lease agreement with the city which is at least equitable for the city, considering comparable rates, risks, potential expenses, nuisance factors and other relevant consideration.
H. The applicant provides the city with liability insurance in an amount specified by the city and a letter of credit or other security deemed appropriate by the city to cover site landscaping and related improvements and removal of the tower and antenna.
I. Any violation of this section or the agreement that could endanger the health or safety of the public is cause for the city to take action to remedy the condition.
14. Day care center, day nursery.
(a) If the property abuts a residential use, a fence shall be constructed in accordance with the regulations of § 154.010(A)(11).
15. Drive-in or self-service business.
(a) Any drive-in or self-service type business serving food or beverages shall also provide, in addition to vehicular service areas, in-door food and beverage service seating area.
(b) The hours of operation shall be a condition for the granting of any drive-in business use.
16. Essential service structure, including but not limited to buildings such as telephone exchange substations, booster or pressure regulating stations, wells and pumping stations and elevated tanks.
(a) To the extent appropriate and possible the site and building shall meet the standards for a single-family detached dwelling.
17. Garden center or greenhouse, nursery.
(a) In the MU-1 District, there shall be no exterior storage of bulk materials such as dirt, sand, gravel and building materials.
(b) In all other districts, bulk materials shall not be stored within the front yard setback and shall meet standards for outdoor storage and display.
18. Golf course.
(a) Club houses and maintenance buildings shall be located a minimum of 300 feet from any residential district.
19. Home occupation.
(a) Purpose. Home occupation standards and procedures are established to permit the conduct of home occupation activities while preserving the character of residential neighborhoods, promoting small businesses, and protecting the health, safety and welfare of those neighborhoods.
(b) Definition. HOME OCCUPATION is:
i. Work for profit, performed on residential property, by the property owner, renter, occupier, or houseguest; or
ii. Work for profit performed away from residential property, by the property owner, renter, occupier, or houseguest, where the residential property is being used as a home base, place of operation, office, headquarters, or similar, or is being used for the storage or repair of items or equipment used in the course of said work.
(c) Level 1 home occupations. Level 1 home occupations are those which have no potential neighborhood impacts. Level 1 home occupations are a permitted use. Level 1 home occupations may include, but are not strictly limited to:
i. Art studio;
ii. Dressmaking;
iii. Barber shops;
iv. Beauty shops;
v. Secretarial services;
vi. Foster care;
vii. Professional offices such as legal, accounting, insurance or computer technician; and
viii. Musical, dancing, and other instructions which consist of no more than two pupils at a time.
(d) Level 2 home occupations. Level 2 home occupations are those which have potential neighborhood impacts. A level 2 home occupation requires approval of the City Council. An interim use permit shall be obtained by any person operating a level 2 home occupation. Level 2 home occupations may include, but are not strictly limited to:
i. Family day care;
ii. Contractors;
iii. Small engine repair;
iv. Equipment repair;
v. Building trades; and
vi. Heating, plumbing, or air-conditioning services.
vii. In cases where it is unclear whether a home occupation should be classified as level 1 or level 2, the Zoning Administrator shall make such a determination subject to City Council confirmation if requested by the operator of the home occupation.
(e) General provisions. All home occupations shall be subject to the following standards:
i. A home occupation required to have a state license shall show proof of this license to the city each year and shall maintain said license at all times while the home occupation is occurring.
ii. A home occupation shall be clearly incidental and secondary to the residential use of the premises, should not change the residential character thereof, and shall result in no incompatibility or disturbance to the surrounding residential uses.
iii. A non-illuminated nameplate a maximum of two square feet in area may be placed on the front façade of the principal structure. Otherwise, there shall be no signage, display, or advertisement visible from the exterior of the lot related to the home occupation, unless allowed elsewhere in the Municipal Code.
iv. Home occupations shall not create a parking and loading demand in excess of that which can be accommodated in an existing driveway. Such occupation does not generate more than two vehicles at one time.
v. No interior or exterior alterations shall be permitted and no construction features shall be permitted which are not customarily found in a dwelling.
vi. No home occupation shall produce light, glare, noise, odor, dust or vibration discernable beyond the property line that will in any way have an objectionable effect upon adjacent or nearby property.
vii. No equipment shall be used in the home occupation which will create electrical interference to surrounding properties.
viii. There shall be no exterior storage of equipment or materials used in the home occupation, except that functioning, personal automobiles that are used by the owner of the home occupation may be parked on the site.
ix. Licensed tattoo establishments are not allowed as a home occupation.
(f) Existing nonconforming home occupations. Existing home occupations lawfully existing on the effective date of this section may continue as non- conforming uses. Any existing home occupation that is discontinued for a period of more than one year shall be brought into conformity with the provisions of this section prior to re-institution.
(g) Inspection. The city hereby reserves the right, upon issuing any level 2 interim use permit, to inspect the premises in which the occupation is being conducted to ensure compliance and the provisions of this section or any conditions additionally imposed.
(h) Violations. Any home occupation found to be in violation of this section shall be served
with a notice from the Zoning Administrator. If the violation is not corrected within ten days, the approval for the home occupation shall be revoked.
(i) Regulations. All occupations conducted in the home shall comply with the provisions of this section, as well as applicable local, state, and federal laws as well as § 98.18 Nuisances Affecting Peace and Safety.
20. Hospital.
(a) An appropriate transition area between the use and adjacent property may be required, using landscaping, screening, and other site improvements consistent with the character of the neighborhood.
21. Indoor recreation.
(a) The facility shall be located at least 50 feet from the boundary of any residential use or district.
22. Institutions.
(a) No structure shall be located within 50 feet of an adjacent lot located in a residential district.
(b) No parking lot of six or more spaces shall be located within 20 feet of an adjacent lot located in a residential district.
(c) No access shall be located within 30 feet of a corner.
23. Limited production and processing.
(a) Odors, noise, vibration, light, glare and other potential side effects of manufacturing processes shall not be discernable beyond the property line.
24. Live/work unit.
(a) The work space component shall be located on the first floor or basement of the building, with an entrance facing the primary abutting public street.
(b) The dwelling unit component shall be located above or behind the work space, and maintain a separate entrance located on the front or side façade and accessible from the primary abutting public street.
(c) The office or business component of the unit shall not exceed 50% of the total gross floor area of the unit.
(d) The size and nature of the work space shall be limited so that the building type is governed by residential building codes.
(e) The business component of the building may include offices, small service establishments, homecrafts which are typically considered accessory to a dwelling unit, or limited retailing associated with fine arts, crafts, or personal services. The business component shall be limited to those uses otherwise permitted in the district, which do not require a separation from residentially zoned or occupied property, or other protected use. It shall not include a wholesale business, a manufacturing business, a commercial food service requiring a license or auto service or repair for any vehicles other than those registered to residents of the property.
25. Lodge, private club, reception hall.
(a) Service of food and liquor allowed when licensed.
26. Municipal administrative building, fire station or other public safety or service facilities.
(a) To the extent appropriate and possible, the site and building plans shall meet the standards for an office as provided in this chapter.
27. Multiple family dwelling.
(a) Access. No access shall be located within 50 feet of a public street corner.
(b) Drainage. Drainage shall be provided as required consistent with the city and Watershed District requirements. Any required NURP ponds shall be integrated into the overall plan and proper easement and maintenance agreements shall be provided.
(c) Projecting air conditioning and heating units. Air conditioning or heating units shall not project through exterior walls or windows unless located behind a balcony and screened from view.
(d) Transformers. If located outside, shall be screened from view.
(e) Utilities. Building utility services and structures such as meters, transformers, refuse containers, including dumpsters, ancillary equipment and the like shall be either located inside the principal building, inside an accessory building, or, where allowed, be outside and entirely screened from off-site views. For new buildings, all utilities shall be underground.
(f) Compliance. No permit shall be issued allowing construction of a new building, the moving of an existing building into the city, nor shall any existing building be expanded more than 2,000 square feet or significantly structurally altered on the exterior unless it meets the requirements of this chapter and is approved.
28. Office.
(a) Landscaping. All areas within 24 feet of the building shall be landscaped except for driveways, connecting walks and plazas. Off-street parking shall be separated by a landscaped strip where it abuts a lot line, except along an alley where a reduction may be allowed.
29. Outdoor sales and display.
(a) Limitation. No open sales lot shall exist unless the same use occupies space in a principal building on the same lot.
(b) Size. The size of the open sales lot shall not be greater than four times the square footage the use has within the building on the same property.
(c) Screening. The site of the open sales lot must be adequately screened to minimize impact on adjacent properties.
30. Outdoor recreation, commercial.
(a) A minimum of 25 feet setback landscaped area shall be provided along the perimeter of the site wherever it abuts a residential district.
(b) If the use will be available to the general public, an arterial or collector street of sufficient capacity to accommodate the traffic that the use will generate shall serve the site. Ease of access to the site by vehicles, transit, bicycles, and pedestrians shall be considered.
(c) The site shall be designed in such a way as to minimize the effects of lighting and noise on surrounding properties. Hours of operation may be restricted and noise and lighting limits imposed.
(d) An appropriate transition area between the use and adjacent properties may be required, using landscaping, screening, and other site improvements.
31. Outdoor seating, commercial.
(a) Primary access to the area shall be from within the establishment.
(b) Hours of operation may be restricted and noise and lighting limits imposed.
(c) An appropriate transition area between the use and adjacent properties may be required, using landscaping, screening, and other site improvements.
32. Outdoor storage.
(a) Outdoor storage shall be located outside of the front yard setback and shall not be placed between the principal building and the abutting street.
(b) Outdoor storage shall be completely screened from any adjacent street, sidewalk, public walkway, or public park.
(c) Outdoor storage shall be screened from abutting residential uses with a wall, solid fencing, evergreen hedge, or equivalent material. All screening shall be six feet in height. Screening along district boundaries, where present, may provide all or part of the required screening.
33. Pawn shop. Individual pawn shops are regulated and licensed under Title XI Business Regulations, Chapter 124: Pawn Shops. Pawn shops may be allowed by conditional use permit in the MU-3 District. While a pawn shop business is licensed and regulated under Chapter 124, any pawn shop shall comply with the provisions of Chapter 154 and an approved conditional use permit. The City Council may impose conditions on approval of such a conditional use permit in order to regulate the effects on the city's ability to provide public urban services, changes to the desired character of an area, or the creation of major nuisances.
34. Portable storage units.
(a) A maximum of two portable storage units, not exceeding a cumulative gross floor area of 250 square feet shall be allowed for up to 90 consecutive days within a calendar year when part of an active building permit.
(b) When not part of an active building permit, such use is allowed for no more than 30 days per calendar year.
(c) The portable storage unit(s) may not be located within the front or side yard setbacks unless located in a driveway.
(d) This use is allowed for temporary storage of household goods in residential areas.
35. Rain garden.
(a) Purpose. Rain gardens are an effective mechanism for stormwater management. Rain gardens facilitate the infiltration of stormwater into the ground thereby reducing the flow of stormwater into storm drains and maintaining supplies for drinking water, irrigation, and dry-weather flow to streams, wetlands and ponds. The infiltration process removes pollutants from the stormwater and contributes to the health of the city's lakes, streams, ponds and wetlands. A number of benefits are associated with the use of rain gardens, many of which are tied to established community goals involving the promotion of ecological health, public safety, quality of life and responsible resource management, and include:
i. Increased habitat for beneficial insects, butterflies and birds.
ii. Reduced risk of flooding.
iii. Provision of aesthetically pleasing landscapes.
iv. Alleviation of the burden placed on existing and costly stormwater infrastructure.
(b) Eligibility.
i. Zoning district. Rain gardens shall be allowed in all zoning districts.
ii. Suitability. All parcels may not be suitable for a rain garden due to varying soil composition and parcel elevations within the city.
(c) Construction, maintenance and functionality.
i. Construction. Proper construction is essential to the effectiveness of the rain garden as a mechanism for stormwater management.
ii. Maintenance. To ensure the parcel and the city continue to receive the benefits provided by rain gardens, regular maintenance is required. Maintenance is defined as removal of all non-approved vegetation and lack of visible sedimentation.
iii. Functionality. A properly constructed, well maintained rain garden is expected to function as intended. Functionality is defined by the absence of standing water in the rain garden within 48 hours of a rain event.
(d) Permit. To ensure the initial construction and ongoing maintenance of the rain garden is performed satisfactorily, a permit shall be required for the operation of rain gardens located in the right-of-way and on private property.
i. Permit requirements. The rain garden permit application shall consist of the following:
A. Documentation. Correspondence with and funds received from the Watershed District(s) to support the construction of the rain garden shall be documented.
B. Construction plan. An annotated illustration including the following shall be provided:
1. Context map. Depiction of the site in proximity to surrounding features.
2. Right-of-way. If the proposed rain garden is located in the right-of way, the context map shall illustrate the site relative to the street, sidewalk and curb, and the lot owned by the applicant.
3. Private property. If the proposed rain garden is located on private property, the context map shall illustrate the site relative to the principal structure on the lot and other impervious surfaces.
4. The proposed dimensions of the rain garden including length, width and depth.
5. The existing slope of the site.
6. The location of above ground and/or underground public and/or private utilities.
C. Plant species. A list of all plant species proposed for the rain garden.
D. A permit will not be required if the rain garden is under ten square feet and the applicant has coordinated with the Watershed District.
ii. Maintenance plan. Documentation of how and by whom the rain garden will be maintained.
iii. Fees. The applicant shall pay all costs incurred by the city for the review of an application. The applicant shall submit an escrow to the city as established by City Council at the time of application. Under no condition shall the fee be refunded or waived for failure of the city to approve the application.
iv. Right-of-way permit. Rain gardens within the right-of-way shall require a right-of-way permit (See Chapter 94, Streets and Sidewalks, Right-of-Way Management).
(e) Process.
i. Submittals. The applicant shall submit a completed permit application to the city for review.
ii. Completeness review. No application is complete unless all of the required information is included and all application fees have been paid. The city may refuse to accept an incomplete application.
iii. Notification. The city shall notify the applicant of their determination upon review.
A. Approval. The applicant may commence construction upon receipt of permit approval.
B. Denial. The applicant may be eligible to reapply upon receipt of permit denial.
iv. Compliant. Construction of the rain garden must comply with the approved permit when required.
v. Construction. The applicant shall notify the city upon completion of construction.
vi. Site visit. City staff shall perform an inspection of the rain garden upon completion of construction to ensure compliance with the permit.
vii. Violation. In the event the applicant violates any of the agreement or conditions set forth in the permit the city shall have the authority to revoke said permit. In the event of a rain garden nuisance, the city shall have the authority to repair the rain garden at the owner's expense.
viii. Duration. A rain garden permit shall remain in effect as long as the conditions agreed upon are observed.
ix. Reapplication. If necessary, the applicant may be eligible to resubmit an application.
36. Residential pools and spas.
(a) A site plan indicating the following: location, type and size of the proposed pool, location of fencing, house, garage and other improvements on the lot; location of structures on all adjacent lots; location of filter unit, pump and wiring indicating the type of such units; location of back- flush and drainage outlets; grading plan, finished elevations and final treatment (decking, landscaping and the like) around the pool or spa; location of existing overhead or underground wiring, utility easements, trees and similar features; location of any water heating unit.
(b) Pools and spas shall not be located within ten feet of any side or rear lot nor within six feet of any principal structure or frost footing. Pools shall not be located within any required front yard.
(c) Pools and spas shall not be located beneath overhead utility lines nor over underground utility lines of any type.
(d) Pools and spas shall not be located within any private or public utility, walkway, drainage or other easement.
(e) The filter unit, pump, heating unit and any other noise-making mechanical equipment shall be located at least 20 feet from any adjacent or nearby residential structure and not closer than ten feet to any lot line.
(f) To the extent feasible, back flush water or water from pool or spa drainage shall be directed onto the owner's property or into approved public drainage ways. Water shall not drain onto adjacent or nearby private land or into sanitary sewer.
(g) A structure or safety fence at least five feet in height shall completely enclose the pool. Said fence shall adhere to the following provisions as well as those listed in § 154.010(A)(11).
i. Be equipped with self-closing, self-latching gates capable of being locked.
ii. Not have any opening greater than four inches.
iii. Not have any opening greater than two inches below the fences.
iv. Not be a readily climbable design.
(h) In the case of in ground pools, the necessary precautions shall be taken during the construction to:
i. Avoid damage, hazards or inconvenience to adjacent or nearby property.
ii. Take proper care in stockpiling excavated material to avoid erosion, dust or other infringements upon adjacent property.
(i) All access for construction shall be over the owner's land, and due care shall be taken to avoid damage to public streets and adjacent private or public property.
(j) All wiring, installation of heating units and pipes, grading, and all other installations and construction shall be subject to inspection.
(k) Nuisances such as undue noise, spillover lighting on adjacent property, health and safety hazards, damage to nearby vegetation and the like shall not be permitted.
(l) Water in the pool shall be maintained in a suitable manner to avoid health hazards of any type. Such water shall be subject to periodic inspection.
37. Retail sales and service uses.
(a) Landscaping. All areas within 24 feet of the building shall be landscaped except for driveways, connecting walks and plazas. Off-street parking shall be separated by a landscaped strip where it abuts a lot line, except along an alley where a reduction may be allowed.
(b) Parking. No off-street parking shall be located within 12 feet of a front, rear or corner lot line nor within six feet of an interior side lot line.
38. Schools, public and private.
(a) A transition area between the use and adjacent properties may be required, using landscaping, screening, and other site improvements.
39. Senior housing/senior housing with services.
(a) Access. No access shall be located within 50 feet of a public street corner.
(b) Drainage. Drainage shall be provided as required consistent with the city and watershed district requirements. Any required NURP
ponds shall be integrated into the overall plan and proper easement and maintenance agreements shall be provided.
(c) Projecting air conditioning and heating units. Air conditioning or heating units shall not project through exterior walls or windows unless located behind a balcony and screened from view.
(d) Transformers. If located outside, shall be screened from view.
(e) Utilities. Building utility services and structures such as meters, transformers, refuse containers, including dumpsters, ancillary equipment and the like shall be either located inside the principal building, inside an accessory building, or, where allowed, be outside and entirely screened from off-site views. For new buildings, all utilities shall be underground.
(f) Compliance. No permit shall be issued allowing construction of a new building, the moving of an existing building into the city, nor shall any existing building be expanded more than 2,000 square feet or significantly structurally altered on the exterior unless it meets the requirements of this chapter and is approved.
(g) Affordability and senior citizen housing. If a portion or all of the units are proposed as affordable housing or senior citizen housing, as defined in this chapter, and considerations are made for this by the city in the review and approval process, the developer (proponent for the development) must provide a guarantee through covenants and association documents which guarantee such use to the satisfaction of the city. The city shall be a third party to the covenant, if the city so desires. Such covenants shall be for a minimum of 25 years, or the term of the mortgage, whichever is longer.
40. Solar energy systems.
(a) A plan shall be submitted showing the proposed location of the solar or wind energy system on the lot, the design of the solar or wind energy system, the location of improvements on adjoining lots, as well as landscaping on the lot and adjoining lots that impacts the location of the solar or wind energy system. Additional materials may be required.
(b) The plan shall be approved by the Community Development Department prior to the installation of the energy system. Any conditions or restrictions placed on the energy system shall be limited to those that serve to preserve or protect the public health, safety, or do not significantly increase the cost, or decrease the efficiency of the system. Conditions or restrictions that allow for an alternative system of comparable cost and efficiency may also be imposed.
41. Special infill housing.
(a) The parcel must be within 10% of meeting the conventional minimum lot width and lot area of the zoning district.
(b) Proposed houses must be of quality design, utilize high quality materials and are governed by a superior development plan with respect to design, orientation and location of the house and any accessory garages and building, the location of the driveway, required parking, landscaping, accessory buildings, if any, and other factors and features relevant to the site development and adjacent property.
(c) Due regard has been given to adjacent property.
(d) The first floor or main floor area for a proposed house shall be a minimum of 600 square feet.
42. State licensed residential facility (six or fewer persons).
(a) The design and development standards for this use are the same as single-family detached dwellings.
43. Temporary buildings for storage of construction materials and equipment.
(a) Buildings must be located on the same zoning lot as the project under construction, and shall be removed within 30 days following completion of construction.
44. Temporary outdoor events.
(a) Events include, but not limited to: Christmas tree sales, pumpkin sales, church, neighborhood or community events, traveling carnivals, and promotional events.
(b) No event shall last more than 180 days per calendar year.
(c) Any event that lasts for more than 45 days requires a conditional use permit.
45. Townhouse dwelling.
(a) Access. Each townhouse unit shall have direct vehicle access from the garage and driveway to a public road or to an improved private road meeting the requirements of the city.
(b) Drainage. Drainage shall be provided as required consistent with the city and Watershed District requirements. Any required NURP ponds shall be integrated into the overall plan and proper easement and maintenance agreements shall be provided.
(c) Projecting air conditioning and heating units. Air conditioning or heating units shall not project through exterior walls or windows unless located behind a balcony and screened from view as viewed from public and private streets, or internal circulation driveways in developments with multiple buildings.
(d) Utilities. Building utility services and structures such as meters, transformers, refuse containers, including dumpsters, ancillary equipment and the like shall be either located inside the principal building, inside an accessory building, or, where allowed, be outside and entirely screened from off-site views. For new buildings, all utilities shall be underground.
(e) Density. Townhouses within the Mixed-Use Districts shall be developed in accordance with the density as guided by the Comprehensive Plan.
(f) Public roads. Each townhouse development shall have direct vehicle access to a public road.
(g) Guest parking. Off-street parking areas for guests must be considered for each development. In instances where the length and width of the driveway and the street are not adequate for parking, a separate parking bay or parking lot might be required.
(h) Compliance. No permit shall be issued allowing construction of a new building, the moving of an existing building into the city, nor shall any existing building be expanded more than 2,000 square feet or significantly structurally altered on the exterior unless it meets the requirements of this chapter and is approved.
46. Veterinary clinic, animal hospital.
(a) All activity shall take place within completely enclosed buildings with soundproofing and odor control.
47. Warehousing/storage.
(a) Space shall not exceed more than 60% of principal building.
48. Wind energy systems.
(a) A plan shall be submitted showing the proposed location of the solar or wind energy system on the lot, the design of the solar or wind energy system, the location of improvements on adjoining lots, as well as landscaping on the lot and adjoining lots that impacts the location of the solar or wind energy system. Additional materials may be required.
(b) The plan shall be approved by the Community Development Department prior to the installation of the energy system. Any conditions or restrictions placed on the energy system shall be limited to those that serve to preserve or protect the public health, safety, or do not significantly increase the cost, or decrease the efficiency of the system. Conditions or restrictions that allow for an alternative system of comparable cost and efficiency may also be imposed.
49. Yard sales.
(a) A yard sale shall not exceed four days in duration, and no more than one sale shall be held in any three month period.
50. Body art establishment.
(a) No person shall own or operate a body art establishment without a state license under M.S. Chapter 146B and city license under City Code Chapters 110 and 125.
51. Cottage developments.
(a) Density and minimum lot area.
i. In cottage developments the permitted density shall not exceed the density permitted in the underlying zoning district.
ii. The minimum total lot area for a cottage development shall be 0.5 acres.
iii. On a lot to be used for a cottage development, an existing detached single-family residential or two-family dwelling, which may be nonconforming with respect to the standards of this section, shall be permitted to remain, but the extent of the nonconformity may not be increased.
(b) Height limit and roof pitch.
i. The height limit permitted for structures in cottage developments shall be 18 feet.
ii. The ridge of pitched roofs with a minimum slope of six to 12 may extend up to 25 feet. All parts of the roof above 18 feet shall be pitched.
(c) Lot coverage and floor area.
i. The maximum lot coverage permitted for principal and accessory structures in a cottage development shall not exceed 40%.
ii. The first floor or main floor area for an individual principal structure in a cottage development shall be a minimum of 600 square feet and shall not exceed 1,000 square feet.
iii. The total floor area of each cottage shall not exceed either one and one-half times the area of the main level or 1,000 square feet, whichever is less.
(d) Setbacks. The setbacks required in the underlying zoning district shall apply from adjacent property lines along the perimeter of the cottage development site to structures, but not internally within the site.
(e) Required open space. At least 50% of the cottage unit shall abut the common open space, all of the cottage units shall be within 60 feet walking distance of the common open space, and the common open space shall have cottages abutting at least two sides.
(f) Parking location. Parking shall be on the cottage development property and may be in or under a structure or outside a structure, provided that:
i. The parking shall be screened from direct street view by one or more street facades, by garage doors, or by a fence and landscaping.
ii. Parking between structures is only allowed when it is located toward the rear of the principal structure and is served by an alley or private driveway.
iii. Parking may not be located in the front yard.
iv. Parking may be located between any structure and the rear lot line of the lot or between any structure and a side lot line, which is not a street side lot line.
(g) Porches. Each unit in the cottage development shall have a front porch at least 80 square feet in size and facing a street or common open space.
52. Two-family dwelling.
(a) Because groupings of two-family dwellings have higher levels of neighborhood impact than standalone, infill two-family dwellings, approval of groupings of two-family dwellings warrants a higher level of review and discretion. Plans for groupings of two-family dwellings within the R-1 District may only be approved when a planned unit development overlay zoning district has first been approved by the City Council. Two-family dwellings qualify as a grouping when the parcel on which a two-family dwelling is proposed within 500 feet of a parcel occupied by an existing or proposed two-family dwelling, measured along existing or proposed public streets.
(b) Attachment required. The two units in a two-family dwelling must have a common wall of at least ten feet in length or be oriented in an over/under relationship.
(E) Architectural requirements.
1. Purpose. The purpose of this section is to protect and preserve property values and the city's tax base, provide for the general welfare of the city and establish reasonable development standards for functional and aesthetic aspects of buildings and structures. Buildings shall be designed and consist of materials to ensure compatibility and architectural quality within their setting and to enhance the community appeal and image. All buildings and structures and remodeling of either existing or new buildings shall take into account compatibility related to architectural quality and mass of the structures to be constructed. Elements of compatibility include, but are not limited to: building form, mass, height and bulk; fenestration, exterior materials and their appearance, color and durability; setbacks; landscaping, exterior lighting and site improvements.
2. Applicability.
(a) Nonresidential and mixed-use development. No permit shall be issued allowing construction of a new building, the moving of an existing building into the city, nor shall any existing building be expanded more than 1,000 square feet or significantly structurally altered on the exterior unless it meets the requirements of this section and is approved.
(b) Residential development. No permit shall be issued allowing construction of a new building, the moving of an existing building into the city, nor shall any existing building be expanded more than 300 square feet or significantly structurally altered on the exterior unless it meets the requirements of this chapter.
3. General requirements. In all districts, buildings and structures must comply with the following:
(a) Equipment and service area screening. If an outdoor storage, service or loading area is visible from adjacent residential uses or an abutting public street or public walkway, it shall be screened by a decorative fence, wall or screening of plant material at least six feet in height. Fences and walls shall be architecturally compatible with the primary structure.
(b) Utilities. Building utility services and structures such as meters, transformers, refuse containers, including dumpsters, ancillary equipment and the like shall be either located inside the principal building, inside an accessory building, or, where outside be entirely screened from off-site views. For new buildings, all utilities shall be underground.
(c) Screening of rooftop equipment. All rooftop equipment, with the exception of solar and wind equipment, shall be screened from view from adjacent streets and public rights-of-way. Rooftop equipment shall be screened from view from adjacent buildings to the extent possible.
i. The equipment shall be within an enclosure. This structure shall be set back a distance of one and one-half times its height from any primary façade fronting a public street.
A. Screens shall be of durable, permanent materials (not including wood) that are compatible with the primary building materials.
B. Screening shall be constructed to a height of at least one foot above the height of the equipment.
ii. Exterior. Exterior mechanical equipment such as ductwork shall not be located on primary building facades.
(d) Accessory buildings. Exterior building finishes and architectural design of accessory buildings, if allowed, shall be similar to the principal building.
(e) Pedestrian ways. Buildings shall be designed with proper provision and orientation for a pedestrian system to serve and link development.
(f) Pedestrian-oriented design. Building designs are encouraged to make the street enjoyable, visually interesting and comfortable. Individual buildings should be integrated with the streetscape to bring activity in the building in direct contact with the people on the street.
(g) Protection of views. Buildings shall be designed and oriented so as not to detract from one another or to unduly restrict views to open spaces, plazas and vistas.
4. Architectural control. In all districts, buildings and structures must comply with the following:
(a) Single-family dwelling.
i. Shall be designed to consist of exterior materials compatible with residential development in the area with due regard to architectural quality and the massing of structures.
(b) Townhouse dwelling and modular housing.
i. Shall be designed to consist of exterior materials compatible with residential development in the area with due regard to architectural quality and the massing of structures.
ii. Variation of exterior walls. No more than two adjacent townhouse units may have front facades in the same vertical plane. Where a variation in front façade plane is required, the variation shall be a minimum of three feet. For purposes of this section adjacent townhouse units refer to those physically attached or units located within 15 feet, if not physically attached.
iii. Design features. At least two of the following design features shall be provided for visual relief along all facades of each townhome structure:
(a) Roof dormers;
(b) Gables;
(c) Recessed entries;
(d) Covered porches;
(e) Bay windows;
(f) Eaves of at least 12 inches beyond the building wall or a parapet wall with an articulated design (decorative cornice, etc.);
(g) Recesses/shadow lines.
iv. Garage frontage. Townhouse dwelling unit garage doors facing a public or private street are limited to 40% of the structure width facing the same street.
v. Equipment. All building equipment shall be hidden from view. Building vents and chimneys shall consist of similar materials to the building roof and the sides of the building.
(c) Multiple family dwelling.
i. Shall be designed to consist of exterior materials compatible with residential development in the area with due regard to architectural quality and the massing of structures, and shall be designed with suitable fenestration.
ii. Roof type. Roof style shall be gable or hip roof. Flat roofs are discouraged and may not be appropriate.
(d) Nonresidential and mixed-use buildings. The following standards are applicable after the effective date of this chapter to all new buildings and major expansions (50% or more of the building floor area). These standards shall apply only to the portion of the building or site that is undergoing alteration. Although, all buildings and structures and remodeling of either existing or new buildings shall take into account compatibility related to architectural quality and mass of the structures to be constructed.
i. Primary building entrances on all new buildings are encouraged to be oriented to the primary abutting public street. The entrance shall have a functional door. Additional secondary entrances may be oriented to a secondary street or parking area. Entries shall be clearly visible and identifiable from the street, and delineated with elements such as roof overhangs, recessed entries, landscaping, or similar design features. Barrier-free entrances are required.
ii. Façade articulation. Consistent with the design of traditional storefront buildings, new buildings of more than 40 feet in width shall be divided into smaller increments, through articulation of the façade. This can be achieved through combinations of the following techniques, and others that may meet the intent of this section.
A. Façade modulation. Stepping back or extending forward a portion of the façade.
B. Vertical divisions using different textures or materials (although materials shall be drawn from a common palette).
C. Division into storefronts, with separate display windows and entrances.
D. Variation in roof lines by alternating dormers, stepped roofs, gables, or other roof elements to reinforce the modulation or articulation interval. (see FIGURE 21)
E. Arcades, awnings, and window bays at intervals equal to the articulation interval. (see FIGURE 22)
iii. Design of street-facing facades. No blank walls shall be permitted to face the public street, sidewalks, or other public spaces such as plazas. Elements such as windows, doors, columns, changes in material, and similar details shall be used to add visual interest.
iv. Door and/or window openings.
A. For all buildings.
1. Glass on windows and doors shall be clear or slightly tinted, allowing views into and out of the interior. Spandrel glass may be used on service areas of the building.
2. Displays may be placed within windows. Equipment within buildings shall be placed a minimum of five feet behind windows. To preserve views, within three feet of any window, not more than 30% of the view through the windows shall be blocked by merchandise, displays, shelving, or other obstructions.
3. Window shape, size and patterns shall emphasize the intended organization of the façade and the definition of the building.
v. Compatibility with traditional buildings. New development shall relate to the design of traditional buildings adjacent to the site, where present, in scale and character. This can be achieved by maintaining similar façade divisions, roof lines, rhythm, and proportions of openings, building materials and colors. Historic architectural styles are encouraged, but need not be replicated.
vi. Building alignment. Buildings shall be aligned with facades parallel with the street to create a well-defined street edge. (see FIGURE 4)
vii. Building articulation. Buildings shall have horizontal and vertical articulation, which may include dormers, cornice detailing, recesses and projections, step-backs of upper stories, changes in roof types and planes, building materials, and window patterns. The base of a building shall relate to the human scale, including doors and windows, texture, projections, awnings, canopies, and similar features.
viii. Ground-floor residential uses. Ground-floor residential uses fronting a public street or walkway, where present, may be separated from the street by landscaping, steps, porches, grade changes, and low ornamental fences or walls in order to create a private yard between the sidewalk and the front door.
(e) MU-1 District. In addition to the standards (e) i-x above, the following shall apply to non-residential and mixed use buildings in the MU-1 District.
i. New construction. Maintain the scale and character of present buildings. New structures shall provide height, massing, setbacks, materials and rhythm compatibility to surrounding structures, streetscape and signing system.
ii. Infill buildings.
A. Proportion. Infill buildings should be in proportion to adjacent and nearby buildings.
B. Windows. Window and door frames should be wood, appropriately colored or bronze-tone aluminum or bronze-tone vinyl clad.
C. Roofs. Infill building roofs shall be flat or gently pitched and hidden behind flat parapet walls. Roof edges should be related in size and proportion to adjacent buildings. (Authentic designs which emulate the roof line and/or cupola of the post office will be considered.)
D. Detailing. Infill architecture should reflect some of the detailing of surrounding buildings in window shape, cornice lines and brick work. Building alterations should restore architectural details of cornices, lintels, area arches, chimneys and iron work of the original building as appropriate and feasible.
iii. Restoration and rehabilitation. All work should be of a character and quality that maintains the distinguishing features of the building and environment. The removal of architectural features is not permitted.
A. Deteriorated architectural features shall be repaired rather than replaced.
B. Distinctive stylistic features or examples of skilled craftsmanship characteristics are to be preserved. If changes in use of a building are contemplated, changes should be accomplished with minimum alteration to the structure.
C. It is expected that buildings will be restored to their original appearance; however, restoration to an "original" appearance may not always be desirable or possible.
iv. Trademark building design. Trademark buildings that will adapt to the area and the requirements of this chapter may be allowed.
v. Arcades. Arcades adjacent to sidewalks are encouraged to increase the effective width of the narrow sidewalks and provide a sheltered pedestrian path along store display windows. No side setbacks are allowed unless next to a public pedestrian way.
vi. Ground floor. The overall look at the ground floor should be a "store front" appearance.
vii. Rear entrances. Rear entrances to buildings should be provided in order to develop double street frontages. The rear entrance should present a welcome appearance. A small sign, awnings, display windows and planter boxes can be used to improve the appearance of the rear facade and entrance.
viii. Awnings. Awnings add color and shade to a building facade as well as provide an area for signage. Only awnings which complement the building shape and color will be permitted.
ix. Facade openings. The size and proportion of windows and door openings (fenestration) of an infill building should be similar to those on the adjacent facades.
x. Storefront restoration. Storefronts are encouraged to return the facade to its original character as appropriate.
xi. Blank walls. Blank walls are prohibited to prevent the disruption of existing patterns and to avoid an uninviting street environment. Street facades can be enhanced with detailing, artwork, landscaping or other visually interesting features.
xii. Lighting. Lighting adds special character to the downtown's nighttime appearance. It can illuminate building entrances, pedestrian walkways, advertising or floodlight special buildings.
A. A coordinated lighting plan shall be submitted for review with building plans. Lighting fixtures shall be concealed or integrated into the overall design of the project. Colored lighting should be added to achieve harmony with downtown street lighting.
B. All outdoor lighting shall be directed away from adjoining property and from the street unless globe lighting is used.
xiii. Exterior surfaces. The use of decorative surface treatments for walkways, entrances and patios shall be a design feature of the building.
xiv. Building materials. In all districts, buildings and structures must comply with the following:
A. Nonresidential buildings and mixed-use buildings. These buildings shall be constructed of durable, high-quality materials such as brick, stone, textured cast stone, or tinted masonry units. Table 9 lists allowable building materials. When applying these requirements, consideration shall be given to the use, amount, placement and relationship of each material as part of a comprehensive palette of building materials. All building facades visible from a public street or public walkway should employ materials and design features similar to or complementary to those of the front façade.
(f) Two-family dwelling.
i. Shall be designed to consist of exterior materials compatible with residential development in the area with due regard to architectural quality and the massing of structures.
ii. Garage frontage. Two-family dwelling garage doors facing a public or private street are limited to 40% of the structure width facing the same street.
(F) Landscaping and screening.
1. Purpose. The purpose of this section is to establish requirements that are intended to contribute to the aesthetic environment of the city, enhance livability and foster economic development by providing an attractive urban setting. This section is also intended to:
(a) Protect, restore, preserve and maintain the natural environment throughout the development process.
(b) Enhance the appearance, character, health, safety and welfare of the community.
(c) Provide green spaces that can support the urban citywide tree canopy, wildlife, such as birds, in the urban environment.
(d) Increase the compatibility of adjacent uses, minimize adverse impacts of noise, dust, debris, artificial light intrusions, activities or impacts to adjacent or surrounding uses.
(e) Contribute to the green infrastructure of the city to reduce air pollutants, mitigate the urban heat island effect and stormwater run-off issues.
2. Applicability.
(a) Landscaping shall be provided consistent with this section for all new development, including structures, parking lots or site improvements, as well as alterations to existing development. The entire development site must be brought into compliance with this section unless the value of the alteration is less than 50% of the value of the existing development or structure. If the value is less than 50% of the value of the existing development or structure, then only the affected areas need to be brought up to compliance or approval may be given for the landscape treatment (limited in size and scope to the new area) to be spread over the entire property to avoid an uneven appearance.
(b) The following requirement shall be enforced with the exception of when the review authority determines that the amount and/or locations of plantings pose a risk of overcrowding of plant materials.
3. Tree requirements.
(a) Number of trees. Trees must be planted within the property lines and in a location as not to interfere with sight line visibility at maturity. Trees shall not be planted in drainage and utility easements. The minimum number of trees of any given site shall be as follows:
i. Single- and two-family uses. A minimum of one tree per parcel.
ii. Townhouse and multiple family uses. Residential structures containing two or more units shall contain as a minimum: one tree per dwelling unit.
iii. MU-2 and MU-3 Districts. Whichever is greater: one tree per 1,000 square feet of gross building floor area or one tree per 50 lineal feet of site perimeter.
4. Landscape coverage. All residential district properties are encouraged to have diversified landscaping in addition to the landscaping required in setback areas for free-standing, detached structures. All landscaped areas are encouraged to be developed with live deciduous and coniferous plants, grass, trees, and shrubs which provide a variety of color, texture, height, and forms consistent with the needs of the site and other elements of the plan. The landscaped areas may contain, but not limited to, some decorative stones, wood, patio blocks, sculptures, and other appropriate ornamental features. Overall composition and location of landscaped areas shall complement the scale of the development and its surroundings. In general, larger, well-placed contiguous planting areas shall be preferred to smaller, disconnected areas. The following zoning classifications will have the following percentage of the lot landscaped:
(a) R-1 District. All areas, except for buildings, driveways and approved parking areas, shall be landscaped as described above. Landscaping may include retaining the natural landscape where appropriate. At least 60% of the front yard must be landscaped.
(b) R-2 District. All areas, except for buildings, driveways and approved parking areas, shall be landscaped as described above. Landscaping may include retaining the natural landscape where appropriate. At least 50% of the front yard must be landscaped.
(c) R-3 District. All areas, except for buildings, driveways and approved parking areas, shall be landscaped as described above. This includes retaining the natural landscape where appropriate. Screening shall be provided and established to protect and screen potential functional, use or density incompatibilities, including those related to streets, county, state roads and parking lots.
(d) MU-1 District. Landscaping treatment shall be provided to enhance architectural features, strengthen vistas, screen utility areas and enhance streetscape treatments. Where possible, a minimum of 2% of the site may provide for diversified landscaping that allows infiltration of stormwater. Screening shall be provided and established to protect and screen abutting residential districts.
(e) MU-2 and MU-3 Districts. All areas, except for buildings, driveways and approved parking areas, shall be landscaped as described above. Where possible, a minimum of 2% of the site may provide for diversified landscaping that allows infiltration of stormwater. Screening shall be provided and established to protect and screen abutting residential districts.
5. Required yards and setbacks.
(a) All developed uses shall consist of, but not limited to, a landscaped yard, including grass, plantings, decorative stones, trees and shrubs, along all streets.
(b) Except for driveways, the yard shall extend along the entire frontage of the lot, and along both streets in the case of a corner lot, such yard shall have a depth of at least ten feet.
(c) Required yards and setback areas, except driveways and areas used for accessory structures, shall be graded to final elevations and sodded or seeded and landscaped with grass, plantings, decorative stones, trees and shrubs.
6. Interior parking landscaping. The purpose of interior parking lot landscaping is to improve the appearance of parking lots, provide shade, and improve stormwater infiltration. The following standards apply to those lots with seven or more spaces:
(a) A planting island with a minimum of one tree shall be installed for every 12 parking spaces.
(b) The primary plant material shall be shade trees with at least one deciduous canopy tree for every 200 square feet of required landscaped area.
(c) Islands may be curbed or may be designed as uncurbed bio-retention areas as part of an approved low impact stormwater management design as approved by the City Engineer.
7. Screening. Screening shall be provided along the side and rear of property boundaries between commercial, mixed-use, or industrial districts and residential districts. Screening shall consist of:
(a) A solid wall, solid fence, or hedge with year-round foliage six and one-half feet in height, except that within the front yard setback, screening shall not exceed three and one-half feet.
(b) Height of the screening shall be measured from natural or approved grade.
(c) Berms and retaining walls shall not be used to increase grade relative to screening height.
8. Traffic visibility. In order to provide a clear view of intersecting streets to motorists, a triangular area of clear vision formed by the two intersecting streets and driveways and a line connecting said centerlines, shall be kept clear of visual obstruction, as specified below. (see FIGURE 23)
(a) Within any vision clearance triangle, screening, plantings, walls, fences or other obstructions are not permitted between a height of 30 inches and ten feet above the curb level, with the exception of fences with a maximum of three feet in height and at least two-thirds open to vision.
(b) Where two streets intersect, the line shall extend a minimum of 40 feet from the intersection of the two street property lines.
(c) At the intersection of a private drive or alley with a street, the line shall extend a minimum of ten feet from the intersection of the street and alley or drive property lines.
9. Drainage, access & utility easements.
(a) No landscape material other than grass, or retaining walls, shall be placed within a drainage, access or utility easement. Rock or riprap may be allowed upon review and approval by the Zoning Administrator provided the proposed material does not interfere with drainage, access or utilities.
(b) The city or utility companies may clear any plantings or retaining walls positioned within an easement, access or utility easement. The city is not liable for any damage to plantings or retaining walls constructed within the city's easement.
10. Maintenance.
(a) Responsibility. Maintenance shall be the responsibility of the individual property owner.
11. Tree preservation. Prior to the issuance of building permits for all new and/or expanded uses, a tree preservation plan shall be submitted. A tree preservation plan must be submitted and approved when existing trees are used to meet a landscape or tree standard. The plan and its implementation shall be subject to the review and approval of the City Engineer and Zoning Administrator. The Zoning Administrator may exempt an applicant from the submission of a tree preservation plan upon demonstration that such a plan is not considered relevant to the site in question. Elements of the plan include:
(a) A written statement that the trees to be preserved are healthy.
(b) A site plan that is drawn to scale and shows:
i. All trees to be preserved on the site, their species and diameter.
ii. The location of water, sewer, and other utility easements.
12. Completion. All proposed grading and landscaping shall be completed within 90 days after the certificate of occupancy is issued. If a certificate of occupancy is issued between the months of November and April 15, the 90 day period shall begin to run on April 15.
(G) Low impact design.
1. Purpose and intent. Low-impact development (LID) is an ecologically friendly approach to site development and storm water management that aims to mitigate development impacts to land, water, and air. The approach emphasizes the integration of site design and planning techniques that conserve natural systems and hydrologic functions on a site. Using the low impact development approach, storm water is managed on site and the rate and volume of predevelopment storm water reaching receiving waters is unchanged. The calculation of predevelopment hydrology is based on native soil and vegetation. Specifically, LID aims to:
(a) Preserve open space and minimize land disturbance;
(b) Protect natural systems and processes (drainage ways, vegetation, soils, sensitive areas);
i. Reexamine the use and sizing of traditional site infrastructure (lots, streets, curbs, gutters, sidewalks) and customize site design to each site;
ii. Incorporate natural site elements (wetlands, stream corridors, mature forests) as design elements; and
iii. Decentralize and micromanage storm water at its source.
iv. LID is the preferred method of addressing stormwater management unless proven infeasible.
2. Development goals. The following principles shall be utilized by the city when evaluating development proposals:
(a) Maximize retention of native forest cover and vegetation and restore disturbed vegetation to intercept, evaporate, and transpire precipitation.
(b) Minimize creation of impervious surfaces.
(c) Preserve permeable, native soil, and enhance disturbed soils to store and infiltrate storm flows.
(d) Retain and incorporate topographic site features that slow, store, and infiltrate stormwater.
(e) Retain and incorporate natural drainage features and patterns.
(H) Aviation requirements.
1. Purpose. The Federal Aviation Administration is required to make certain determinations of compliance to the U.S. airworthiness standards before issuing any approvals or certifications.
2. Notifications required. An applicant who proposed the construction of any structure with a height equal to or greater than 200 feet above ground level; or the alteration of any structure to a height which is equal to or greater than 200 feet above ground level shall notify the Minnesota Department of Transportation Commissioner and the Federal Aviation Administration Commission of said proposal at least 30 days prior to the City Council's consideration of said request.
3. Proof of notification. The applicant shall submit evidence to the city verifying the Minnesota Department of Transportation and the Federal Aviation Administration have been duly notified of said proposed structure prior to the City Council approval.
(I) Alternative energy systems.
1. Purpose. To provide a sustainable quality of life for the city's residents, making careful and effective use of available natural, human and economic resources and ensuring that resources exist to maintain and enhance the quality of life for future residents. The city finds that it is in the public interest to encourage alternative energy systems that have a positive impact on energy production and conservation while not having an adverse impact on the community. The purpose of this section is to:
(a) Accommodate alternative energy sources by removing regulatory barriers and creating a clear regulatory path for approving alternative energy systems.
(b) Create a livable community where development incorporates sustainable design elements such as resource and energy conservation and use of renewable energy.
(c) Protect and enhance air quality, limit the effects of climate change and decrease use of fossil fuels.
(d) Accommodate alternative energy development in locations where the technology is viable and environmental, economic and social impacts can be mitigated.
(e) Encourage development by establishing reasonable requirements for performance, safety, design and aesthetics of alternative energy systems.
2. Ground source heat pump systems.
(a) Zoning district allowance. Ground source heat pump systems in accordance with the standards in this section are allowed as a permitted accessory use in all zoning districts.
(b) General standards.
i. System requirements.
A. Only closed loop ground source heat pump systems utilizing heat transfer fluids as defined in this section are permitted. Open loop ground source heat pump systems are not permitted.
B. Ground source heat pump systems in public waters may be permitted as a conditional use in all zoning districts in accordance with this section and subject to the following:
1. Approval from the Minnesota Department of Natural Resources.
2. Written consent of all property owners and/or approval by an association in accordance with its adopted bylaws.
3. Demonstrated compliance with applicable city permit requirements.
C. Ground source heat pump systems in water bodies owned or managed by the city are not permitted.
ii. Setbacks.
A. All components of ground source heat pump systems including pumps, borings and loops shall be set back at least five feet from side, front and rear lot lines.
B. Above ground equipment associated with ground source heat pumps shall not be installed in the front yard of any lot or the side yard of a corner lot adjacent to a public right-of-way and shall meet all required setbacks for the applicable zoning district.
iii. Construction.
A. All access shall be over the owner's land and due care shall be taken to avoid hazard, inconvenience or damage to public streets and nearby public or private property.
B. Necessary precautions shall be taken in stockpiling excavated materials to avoid erosion, dust or other infringements upon adjacent property.
C. All wiring, installation of pipes, grading and all other installations and construction shall be subject to inspection.
D. Disturbed land shall be restored to its prior condition after completion of construction.
iv. Easements. Ground source heat pump systems shall not encroach on public drainage, utility roadway, or trail easements.
v. Noise. Ground source heat pump systems shall comply with Minnesota Pollution Control Agency standards outlined in Minnesota Rules Ch. 7030 as amended.
vi. Screening. Ground source heat pumps are considered mechanical equipment and subject to the requirements for the applicable zoning district.
(c) Certification. Ground source heat pumps shall be certified by Underwriters Laboratories, Inc., and meet the requirements of the State Building Code.
(d) Abandonment. If a ground source heat pump system remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained in accordance with the following:
i. The heat pump and any external mechanical equipment shall be removed.
ii. Pipes or coils below the land surface shall be filled with grout to displace the heat transfer fluid. The heat transfer fluid shall be captured and disposed of in accordance with applicable regulations. The top of the pipe, coil or boring shall be uncovered and grouted.
iii. Lake ground source heat pump systems shall be completely removed from the bottom of the body of water.
(e) Permits. A building permit shall be obtained for any ground source heat pump system prior to installation. Borings for vertical systems are subject to approval by the Minnesota Department of Public Health.
3. Wind energy systems.
(a) Zoning district allowance. Small wind turbine systems in accordance with the standards in this section are allowed as a permitted accessory use in all zoning districts.
(b) General standards. The following standards shall be applicable to small wind turbine systems in all zoning districts:
i. Number. No more than one wind energy system is permitted per parcel.
ii. Setbacks. The base of the wind turbine tower shall be set back from all property lines a distance equal to the highest possible extension of the system apparatus.
iii. Roof mounting. Roof mounted wind turbines shall be permitted only when a determination is made by the City Building Official that the underlying roof structure will support such system and all applicable building standards are satisfied.
iv. Rotor clearance. No part of a rotor blade shall be located within 30 feet of the ground and within 20 feet of the nearest tree, structure or aboveground utility facility.
v. Noise. Wind energy systems shall comply with Minnesota Pollution Control Agency noise standards outlined in Minnesota Rules Ch. 7030, as amended, at all property lines.
vi. Screening. Wind energy systems shall be screened from view to the extent possible without impacting their function.
vii. Aesthetics. All portions of the wind energy system shall be a non-reflective, non-obtrusive color, subject to the approval of the Zoning Administrator. Only monopole towers are permitted. The appearance of the turbine, tower and any other related components shall be maintained throughout the life of the wind energy system pursuant to industry standards. Systems shall not be used for displaying any advertising. Systems shall not be illuminated.
viii. Feeder lines. The electrical collection system shall be placed underground within the interior of each parcel. The collection system may be placed overhead near substations or points of interconnection to the electric grid.
ix. Standards and certification.
A. Standards. Wind energy systems shall meet minimum standards such as International Electrotechnical Commission (IEC) 61400-2 or the American Wind Energy Association's (AWEA) Small Wind Turbine Performance and Safety Standard or other standards as determined by the City Building Official.
B. Certification. Wind energy systems shall be certified by Underwriters Laboratories, Inc., and the National Renewable Energy Laboratory, the Small Wind Certification Council or other body as determined by the city. The city reserves the right to deny a building permit for proposed wind energy systems deemed to have inadequate certification or testing for operation in a severe winter climate.
C. Maintenance. Wind energy systems shall be maintained. A yearly certificate of inspection and maintenance shall be supplied to the Zoning Administrator. Such inspection shall be from a qualified engineer or other body determined to be acceptable by the Zoning Administrator.
D. Utility connection. All grid connected systems shall have an agreement with the local utility prior to the issuance of a building permit. A visible external disconnect shall be provided if required by the utility.
x. Abandonment. If a wind energy system remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained. Removal includes the entire structure including foundations to below natural grade and transmission equipment.
xi. Permits. A building permit shall be obtained for any wind energy system prior to installation.
(c) Residential district standards.
i. Mounting. All wind turbine systems shall be roof mounted. Ground mounted systems are not permitted.
ii. Height. Wind energy systems shall not extend more than six feet above the highest point of the roof.
(d) Mixed-use district standards.
i. Mounting. Subject to the requirements of this section, wind energy systems may either be roof mounted or ground mounted.
ii. Height.
A. Wind turbine systems shall conform to the maximum height requirements for communication structures standards of the applicable mixed-use zoning district.
B. Wind turbine system heights in excess of the maximum height requirement of the applicable zoning district may be permitted by conditional use permit provided that:
1. The system height, as measured from the base of the tower for ground mounted systems, or base of the building for roof mounted systems, to the highest possible extension of the system apparatus shall not exceed 75 feet.
2. The additional system height is required to allow for the improved operation of the wind energy system.
3. The additional wind energy system height results in a net energy gain.
4. The wind energy system does not adversely affect solar access to adjacent properties.
5. The wind energy system complies with all other engineering, building, safety, and fire regulations.
6. The wind energy system is found to not have any adverse impacts on the area, including the health, safety, and general welfare of occupants of neighboring properties and users of public rights-of-way.
7. The criteria and applicable standards of this section are considered and determined to be satisfied.
iii. Ground mounted systems.
A. Ground mounted wind energy systems shall not be installed in the front yard of any lot or in the side yard of a corner lot adjacent to a public right-of-way.
B. Only monopole towers are permitted.
C. System height shall be measured from the base of the tower to the highest possible extension of the system apparatus.
D. Ground located wind energy systems shall not encroach on public drainage, utility roadway or trail easements.
iv. Blade length. A maximum blade length of 15 feet is permitted.
4. Solar energy systems.
(a) Zoning district allowance. Solar energy systems in accordance with the standards in this chapter are allowed as a permitted accessory use in all zoning districts.
(b) General standards.
i. Exemption. Passive or building integrated solar energy systems are exempt from the requirements of this section and shall be regulated as any other building element.
ii. Height. Roof mounted solar energy systems shall comply with the maximum height requirements in the applicable zoning district. Ground mounted solar energy systems shall not exceed 15 feet in height.
iii. Location. In residential zoning districts, ground mounted solar energy systems shall be limited to the rear yard. In nonresidential districts, ground mounted solar energy systems may be permitted in front yards, side yards adjacent to public rights-of-way and rear yards.
iv. Setbacks. Ground mounted solar energy systems shall comply with all accessory structure setbacks in the applicable zoning district. Roof mounted systems shall comply with all building setbacks in the applicable zoning district and shall not extend beyond the exterior perimeter of the building on which the system is mounted.
v. Roof mounting. Roof mounted solar collectors may be flush mounted or bracket mounted. Bracket mounted collectors shall be permitted only when a determination is made by the City Building Official that the underlying roof structure will support apparatus, wind, and snow loads and all applicable building standards are satisfied.
vi. Easements. Solar energy systems shall not encroach on public drainage, utility roadway or trail easements.
vii. Screening. Solar energy systems shall be screened from view to the extent possible without impacting their function.
viii. Maximum area. Ground mounted solar energy systems shall be limited in size to the maximum area requirement allowed for accessory structures or no more than 25% of the rear yard, whichever is less.
ix. Aesthetics. All solar energy systems shall minimize glare toward vehicular traffic and adjacent properties.
x. Feeder lines. The electrical collection system shall be placed underground within the interior of each parcel. The collection system may be placed overhead near substations or points of interconnection to the electric grid.
(c) Standards and certification.
i. Standards. Solar energy systems shall meet the minimum standards outlined by the International Electrotechnical Commission (IEC), the American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE), ASTM International, British Standards Institution (BSI), International Organization For Standardization (ISO), Underwriter's Laboratory (UL), the Solar Rating and Certification Corporation (SRCC) or other standards as determined by the City Building Official.
ii. Certification. Solar energy systems shall be certified by Underwriters Laboratories, Inc., and the National Renewable Energy Laboratory, the Solar Rating and Certification Corporation or other body as determined by the Zoning Administrator for conformance to IEC or AWEA standards. The city reserves the right to deny a building permit for proposed solar energy systems deemed to have inadequate certification.
iii. Utility connection. All grid connected systems shall have an agreement with the local utility prior to the issuance of a building permit. A visible external disconnect shall be provided if required by the utility.
(d) Abandonment. If a solar energy system remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained. Removal includes the entire structure including transmission equipment.
(e) Permit. A building permit shall be obtained for any solar energy system prior to installation.
5. Application criteria for deviations from standards. Deviations to the standards in this section may be permitted as a conditional use. In granting a conditional use permit, the City Council shall consider the following additional criteria unique to alternative energy systems:
(a) That the deviation is required to allow for the improved operation of the alternative energy system.
(b) That the alternative energy system has a net energy gain.
(c) That the alternative energy system does not adversely affect solar or wind access to adjacent properties.
(d) That the alternative energy system complies with all other engineering, building, safety and fire regulations.
(e) That the alternative energy system is found to not have any adverse impacts on the area, including the health, safety and general welfare of occupants of neighboring properties and users of public rights-of-way.
(J) Off street parking & loading.
1. Purpose. The purpose of this section is to provide for off-street parking and loading areas and pedestrian facilities that are accessible, attractive, secure, maintained and meet the needs generated by specific uses. It is further the intent of these regulations to avoid undue congestion on public streets; to protect the level of service and capacity of existing streets; to avoid unnecessary conflicts between pedestrians and vehicles; to preserve and enhance the city and to protect the public health, safety and welfare. Refer to § 72.04 for additional vehicular regulations.
2. Application of parking and loading regulations. The application of off-street parking and loading regulations shall apply to all buildings and uses of land established after the effective date of this section.
3. General standards.
(a) General standards for commercial, industrial, institutional and attached residential uses.
i. Minimum size regulations. Each space for a passenger vehicle shall contain a minimum area of not less than 180 square feet, exclusive of access drives, a width of not less than nine feet and a depth of not less than 20 feet. Each space intended for commercial vehicle parking shall have a minimum area and dimensions as determined by the City Engineer. All loading spaces shall be sufficient to meet the requirements of each use and shall provide adequate space for storage and maneuvering of the vehicles they are designed to serve. Parking ramps and underground parking may be allowed to have some reduction in the dimensions stated above.
ii. Use of parking and loading space. Required parking or loading space shall not be used for storage of goods or for storage of vehicles that are inoperable or for sale or rent.
iii. Computing requirements. In computing the number of such parking spaces required, the following rules shall govern:
A. Floor area shall mean the gross floor area of the specific use;
B. Where fractional spaces result, the parking spaces required shall be construed to be the nearest whole number.
iv. Buffer fences and planting screens. Off-street parking and loading areas near or adjoining residence districts shall be screened by a buffer fence of adequate design or a planted buffer screen; plans of such screen or fence shall be submitted for approval as part of the required site plan, and such fence or landscaping shall be installed as part of the initial construction.
v. Access.
A. Parking and loading space shall have proper access from a public right-of-way or internal to the parking area as determined by the Zoning Administrator.
B. The number and width of access drives shall be so located as to minimize traffic congestion and traffic hazard.
vi. Combined facilities.
A. Except in the R-1 District, combined or joint parking facilities may be provided for one or more buildings or uses, provided that the total number of spaces shall equal the sum of the requirements for each building or use.
B. Underground parking bonus. If 50% or more of the required parking is provided underground or under the principal structure, 300 square feet shall be added as lot area for each space, so placed, and said lot area shall be used to determine the maximum allowable use of the property; for example, the number of dwelling units or the floor area ratio for an office building, provided the maximum bonus shall not increase the number of units or floor area by more than 30%.
vii. Lighting. Lighting shall meet the requirements specified in the zoning district and for the specific use where stated.
viii. Required site plan. Application for a building permit shall include a site plan drawn to scale and dimensioned showing off-street parking and loading space to be provided in compliance with this section. The site plan shall include an acceptable drainage plan.
(b) General standards for detached residential uses.
i. Minimum size regulations. Each space for a passenger vehicle shall contain a minimum area of not less than 180 square feet, exclusive of access drives, a width of not less than nine feet and a depth of not less than 20 feet.
4. Construction and maintenance.
(a) Surfacing. Parking areas, driveways, and parking lots shall be surfaced with an all-weather dustless material consisting of bituminous, brick, concrete pavers or concrete or an alternative material as approved by the Zoning Administrator.
(b) Six or more spaces. Parking lots containing more than six spaces and access drives, except for landscaped areas, shall provide proper surface drainage as required by the city. The surface shall be capable of carrying a load of 2,000 pounds per square foot. (Normally a two-inch bituminous surfacing on a four-inch base of five inches of Portland cement will meet this requirement). Such parking lots shall be delineated by a concrete box curb extending six inches above and six inches below the surface. The curb shall have cuts for drainage. Parking spaces shall be striped. Parking lots which do not meet these requirements must be improved by consistent with this section and must meet ordinance requirements regarding location and other provisions of this code.
(c) Maintenance. The operator of the principal building or use shall maintain parking and loading areas, and access drives in a neat and adequate manner.
(d) Grades. The grade of a private roadway, driveways and parking lots shall not exceed 10% or a grade acceptable to the City Engineer.
5. Loading areas.
(a) Loading and unloading areas for goods, supplies and services shall be sufficient to meet the requirements of each use. At a minimum, one loading dock shall be provided for each nonresidential building having over 20,000 square feet of floor area if the use is retail sales or services. For all other uses, at least one loading dock shall be provided if the building has over 50,000 square feet of floor area.
(b) Loading spaces shall be at least 35 feet long and ten feet wide, and shall have a height clearance of at least 13 feet.
6. Proof of parking area.
(a) When the required off-street parking is 30 or more spaces, the owner is only required to pave and stripe 80% of the required parking spaces if the following conditions are met:
i. A parking plan drawn to scale for the property is submitted to the Zoning Administrator and the plan indicates that the site complies with the total parking requirements stated above and with the parking lot design to the standards required by this section;
ii. The portion of the site which is not paved and is capable of containing the amount of parking equal to the difference between the total amount of required parking and the amount of parking required to be paved (known as the proof of parking area) is suitably landscaped and curbed to meet the requirements of this section;
iii. The proof of parking area shall be clearly delineated on the parking plan for the site;
iv. The proof of parking area is not used to satisfy any other landscaping or other requirement and is not located in an area occupied by a building;
v. The property owner is responsible for informing any subsequent owner of the proof of parking area and parking status of the property;
vi. The city may, at its sole discretion, require that the proof of parking area be paved and striped in such a way that it meets the requirements to provide the total number of required parking spaces on the site or a percentage between 80% and 100% if so determined by the city.
7. Bicycle parking.
(a) New development. Bicycle parking shall be provided for all new commercial, industrial, community service use, and multifamily residential development.
(b) Number of spaces. The number of bicycle parking spaces shall be at least 10% of the minimum required vehicle parking for the use. In no case shall less than two spaces be provided.
(c) Location of facilities. Bicycle parking facilities shall be located within 50 feet of the main building entrance in a location that is visible to building occupants of from the main parking lot.
(d) The public right-of-way may be utilized for bicycle parking when parking cannot be reasonable accommodated on the site and the location is convenient to the building's front entrance.
(e) The minimum amount of required parking for all non-single-family residential uses may be reduced by up to 10% for the provision of bicycle parking. A reduction of one vehicle parking space is allowed for every six additional bicycle parking spaces installed. The area of an existing parking space in an off-street parking area may be converted to bicycle parking to utilize this reduction.
8. Car sharing.
(a) Required parking may be reduced by up to 5% if at least one off-street parking space is reserved for a vehicle that is part of a car sharing program. The car sharing program shall be sufficiently large enough, as determined by the Zoning Administrator, to be accessible to persons throughout North St. Paul and its vicinity. The applicant must provide documentation from the car sharing program that the program will utilize the space provided.
9. Off-street parking standards for residential districts.
(a) Vehicles may be parked in residential districts per the following table:
Type of Vehicle | Permitted Location | Number | Time Limit |
Passenger Automobile | Garage, driveway, side yard, or rear yard surfaced area | No limit | No limit |
Type 1 Commercial Vehicle | Garage, driveway, side yard, or rear yard surfaced area | Two per lot | No limit |
Type 2 Commercial Vehicle | Garage | One per lot | No limit |
Recreational Vehicle | Garage, driveway, side yard or rear yard surfaced area | Two per lot | Front yard: No limit Garage: No limit Side yard or rear yard surfaced area: No limit provided the vehicle is adequately screened per § 154.010(D)(32)(c) Must be in compliance with off-street parking regulations including setbacks |
Large Recreational Vehicle | Garage, driveway, side yard, or rear yard surfaced area | One per lot | Front yard: no longer than a 72-hour period, or while being actively loaded or unloaded Garage: No limit Side yard or rear yard surfaced area: No limit provided the vehicle is adequately screened per § 154.010(D)(32)(c) Must be in compliance with off-street parking regulations including setbacks |
(b) Paved surface. All vehicles personal, recreational, or commercial shall be stored or parked on a driveway surface.
(c) Setbacks. New driveways and off-street parking shall be set back a minimum of three feet from side property lines.
(d) Location of parking. Required off-street parking spaces shall be provided on the same lot.
(e) Driveways, authorized parking areas, and authorized garages.
i. Driveways must lead to an authorized parking area or lead to and abut a vehicle access door having a width of at least eight feet. Driveways must not exceed a 22 foot maximum width at the property line.
ii. Existing driveways which provide access to an authorized parking area or garage shall be improved/surfaced according to this section; however, if the driveway leads to an unpaved street or alley, a waiver to the surface requirement will be considered by the city upon receipt of a written request explaining the reason and justification for this request.
iii. Required number of off-street parking spaces. The minimum number of required off-street parking spaces are located in Table 8.
iv. Parking. Vehicles parked in a driveway must be located at least ten feet from the curb or roadway. Parked vehicles are not allowed to extend or encroach upon the alley or public sidewalk.
v. Driveways located on a corner lot shall be set back a minimum of 15 feet from the corner of the two streets fronting the lot.
10. Off-street parking and loading standards for non-residential districts.
(a) Shared parking. Up to 50% of the parking can be provided through a nonexclusive agreement with the owners of property located within 600 feet of the use if the parking demands of the uses do not coincide.
(b) MU-1. Location of curb cuts so that no cuts exist closer to an intersection than 30 feet from the point of intersection of the setback lines adjacent to intersecting streets.
(c) MU-2. The city may waive some or all off-street parking and loading requirements due to the presence of: small lot size, building coverage, existing municipal parking lots, assessments to properties for off-street parking, on-street parking bays and similar provisions and the need to have street frontages used for retail sales and service uses and not off-street parking.
(d) Parking lots should be screened from streets and sidewalks by planters or plantings or both. If planters are used, their material should be compatible with adjacent buildings. Planters should be at least 18 inches high.
(e) MU-3. Off-street parking may be reduced where it can be demonstrated that such reduction is justified due to joint use of facilities for dissimilar uses, provisions for transit facilities or other factors having impact on parking demand and capacity.
(f) Parking lots and structures. Such parking shall be screened from view, integrated within the buildings or provided underground, where appropriate.
(g) Required number of off-street parking spaces. The minimum number of required off-street parking spaces for the following uses shall be as indicated on Table 8. Where a specific use is not listed, the Zoning Administrator shall determine the minimum number of required off-street parking spaces by considering functional similarities between uses listed and the use not listed.
(h) Yards. Off-street parking and loading facilities shall be subject to the front yard, side yard, and rear yard regulations for the use district in which the parking is located, except in the MU-1, MU-2, and MU-3 Districts, yard setbacks may be reduced if a substantial landscape setback is provided having a width meeting at least the minimum specified.
(K) Stormwater management.
1. Purpose. The purpose of erosion and sediment control is to control or eliminate soil erosion and sedimentation within the city. It establishes standards and specifications for conservation practices and planning activities which minimize soil erosion and sedimentation.
2. Incorporation by reference. The following are hereby incorporated into this chapter by reference:
(a) The city hereby adopts and incorporates by reference the standards established by the Minnesota Pollution Control Agency's NPDES/SDS Construction Stormwater General Permit MNR100001 (CSW Permit) as amended in its entirety as now constituted and from time to time amended.
(b) The city's Engineering Design Standards for Stormwater Management. These standards shall serve as the official guide for erosion and sediment control principles, methods, and practices for proposed development activities. The city's Engineering Design Standards for Stormwater Management are incorporated into this chapter by reference.
(c) The Rules of the Ramsey- Washington Metro Watershed District, as amended, pursuant to the authorization and policies contained in M.S. § 103B, 103D, and 103G, and Minnesota Rules 8410 and 8420.
(d) The Rules of the Valley Branch Watershed District, as amended, pursuant to the authorization and policies contained in M.S. § 103B, 103D, and 103G, and Minnesota Rules 8410 and 8420.
3. Scope.
(a) No land shall be developed and no use shall be permitted that results in additional water run-off causing flooding or erosion on adjacent properties. Run-off shall be properly channeled into a storm drain, water course, ponding areas, or other public facility.
(b) Except as exempted by the term "land disturbance activity" in § 154.003, any person, firm, sole proprietorship, partnership, corporation, state agency or political subdivision thereof proposing land disturbance activity within the city shall apply to the city for the approval of the Storm Water Pollution Prevention Plan (SWPPP). No land shall be disturbed until the SWPPP is approved by the city and conforms to the standards set forth herein.
(c) Permits issued under this section apply to land disturbance construction activities greater than or equal to 10,000 square feet and less than one acre (43,560 square feet) and constitute compliance with Minimum Measure #4 of MPCA - General Permit (MN R 040000 et seq.), Authorization to Discharge Storm Water Associated with Municipal Separate Storm Sewer Systems under the NPDES program.
(d) Permits for land disturbance construction activities involving one or more acres are issued and enforced by the applicable districts permit program and/or Minnesota Pollution Control Agency (MPCA) - General Permit (MN R100001 et seq.), Authorization to Discharge Storm Water Associated with Construction Activity under the NPDES permit program.
(e) Permits issued by the applicable districts permit program and/or Minnesota Pollution Control Agency - General Permit (MN R100001 et seq.), Authorization to Discharge Storm Water Associated with Construction Activity under the NPDES permit program constitutes compliance with Minimum Measure #4 of MPCA - General Permit (MN R 040000 et seq.), Authorization to Discharge Storm Water Associated with Municipal Separate Storm Sewer Systems under the NPDES program.
4. Flood control. Development and land disturbing activities must meet the following criteria and that of the Ramsey Washington Metro Watershed District or the Valley Branch Watershed District as applicable:
(a) The lowest building floor elevation of any new building shall be placed at least two feet above the elevation of any known historic high groundwater elevations for the area and at least two feet above the 100-year high surface water elevation in the area.
(b) The lowest building opening elevation of any new building shall be at least two feet above the projected 100-year high water elevation for the area.
(c) An emergency spillway from ponding areas shall be installed a minimum of one foot below the lowest building opening and shall be designed to have a capacity to overflow water at an elevation below the low building opening at a rate not less than three times the 100-year peak discharge rate from the basin or the 100-year inflow rate to the basin, whichever is higher.
5. Storm Water Pollution Prevention Plan (SWPPP). A developer engaged in a land disturbance activity shall submit a Storm Water Pollution Prevention Plan (SWPPP) that will minimize soil erosion or sediment from damaging adjacent land, bodies of water, watercourses or wetlands to the city for its approval.
(a) Standards. No SWPPP which fails to meet the standards contained in this section shall be approved by the City Council.
(b) Every applicant for a building permit, subdivision approval, or permit to allow land disturbing activities greater than or equal to 10,000 square feet and less than one acre (43,560 square feet) shall submit a SWPPP to the city. The SWPPP shall meet the requirements of the NPDES construction stormwater permit and the city's Engineering Design Standards for Stormwater Management prior to starting construction.
(c) The SWPPP shall include the following:
i. Project description. The nature and purpose of the land-disturbing activity and the amount of grading involved.
ii. Phasing of construction. The nature and purpose of the land-disturbing activity and the amount of grading, utilities and building construction.
iii. Existing site conditions. Existing topography, vegetation and drainage.
iv. Adjacent areas. Neighboring streams, lakes, residential areas, roads and the like which might be affected by the land-disturbing activity.
v. Soils. Soil names, mapping units, irritability.
vi. Critical erosion areas. Areas on the site that have potential for serious erosion problems.
vii. Erosion and sediment control measures. Methods to be used to control erosion and sedimentation on the site, both during and after the construction process.
viii. Permanent stabilization. How the site will be stabilized after construction is completed, including specifications.
ix. Stormwater management. How storm runoff will be managed, including methods to be used if the development will result in increased peak rates of runoff.
x. Maintenance. Schedule of regular inspections and repair of erosion and sediment control structures.
xi. Calculations. Any that were made for the design of such items as sediment basins, diversion, waterways and other applicable practices.
xii. Erosion and Sediment Control Plan. The Erosion and Sediment Control Plan shall address the following criteria:
A. Stabilize all exposed soils and soil stockpiles;
B. Establish permanent vegetation;
C. Prevent sediment damage to adjacent properties and other designated areas;
D. Schedule erosion and sediment control practices;
E. Use temporary sedimentation basins;
F. Engineer the construction of steep slopes;
G. Control the storm water leaving a site;
H. Stabilize all waterway and outlets;
I. Protect storm sewers from the entrance of sediment;
J. Properly manage and dispose of all hazardous and solid wastes;
K. Take precautions to contain sediment when working in or crossing water bodies;
L. Restabilize utility construction areas as soon as possible;
M. Protect paved roads from sediment and mud brought in from access routes;
N. Dispose of temporary erosion and sediment control measures; and
O. Maintain all temporary and permanent erosion and sediment control practices.
6. Review. The City Engineer shall review the SWPPP within 15 working days of receiving the plan from the developer. The city shall notify the developer of its decision after receipt of comments from the City Engineer and no more than 20 working days after receiving the plan from the developer.
(a) Permit required. If the City Engineer determines that the SWPPP meets the requirements of this section, the city shall issue a permit valid for a specified period of time that authorizes the land disturbance activity contingent upon the implementation and completion of the SWPPP.
(b) Denial. If the City Engineer determines that the SWPPP does not meet the requirements of this section, the city shall not issue a permit for the land disturbance activity. The SWPPP must be resubmitted for approval before the land disturbance activity begins. All land use and building permits must be suspended until the developer has an approved SWPPP.
7. Easement.
(a) The developer may dedicate an easement to the city for any permanent erosion and sediment control practice(s) that remain after the land disturbance activity is completed.
(b) The developer shall be responsible for the maintenance of the permanent erosion and sediment control practices for the period of construction activity. The city shall assign the maintenance responsibility for a permanent erosion and sediment control practice(s) after that time.
8. Modification. An approved SWPPP may be modified upon submission of an application for modification and subsequent approval by the city. In reviewing such application, the city may require additional reports and data.
9. Escrow requirement. Upon approval of a SWPPP, the city shall require the developer to escrow a sum of money sufficient to insure the installation, completion and maintenance of the SWPPP and practices.
10. Variance.
(a) In the case of restrictive site conditions or emergency situations, the developer may
apply for a variance from this section. The city shall submit the variance request to the appropriate district(s) within ten working days after receipt. When the district's position on a variance request differs from that of the city, the district's jurisdiction supersedes the city's.
(b) When road construction crosses municipal boundaries, Ramsey County or the Minnesota Department of Transportation shall obtain an erosion and sediment control permit from the appropriate district(s) rather than individual cities.
11. Enforcement. The city delegates to the Ramsey-Washington Metro and Valley Branch Watershed Districts the authority to perform the city duties pertaining to review, permitting and enforcement of this section on properties of one or more acres. All land disturbing activities between 10,000 SF and less than one acre shall comply with the city's Engineering Design Standards for Stormwater Management. For sites found to be non-compliant with the city's Engineering Design Standards for Stormwater Management, the city shall implement the following actions as necessary:
(a) Notice of violation. When the city determines that an activity is not being carried out in accordance with the requirements of this chapter, it shall issue a written notice of violation to the owner or applicant of the project. The notice of violation shall contain:
i. The name and address of the owner or applicant;
ii. The address, when available, or a description of the land upon which the violation is occurring;
iii. A statement specifying the nature of the violation;
iv. A description of the remedial measures necessary to bring the development activity into compliance with this chapter and a time schedule for the completion of such remedial action;
v. A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed; and
vi. A statement that the determination of violation may be appealed to the city by filing a written notice of appeal within 15 days of receiving of the notice of violation.
(b) Stop work order. Persons receiving a stop work order will be required to halt all construction activities immediately. This stop work order will be in effect until the city confirms that the land disturbance activity is in compliance and the violation has been satisfactorily addressed. Failure to address a notice of violation in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this chapter.
(c) Civil or criminal penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this chapter shall be guilty of a misdemeanor and subject to prosecution. Such person shall be guilty of a separate offense for each day during which the violation occurs or continues.
(d) Restoration of lands. Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the city may take necessary corrective action, the cost of which may, after notice and opportunity for hearing, be specially assessed against the property and collected along with the ordinary taxes by the county.
12. Violations. Any person, firm or corporation who fails to comply with or violates any of these regulations shall be deemed guilty of a misdemeanor and be subject to a fine or imprisonment. All land use and building permits must be suspended until the developer has corrected the violation and amended the SWPPP for the land disturbance activity. Each day that a separate violation exists shall constitute a separate offense.
13. Construction site erosion and sediment control and post-construction stormwater management regulations.
(a) Submittal of site plans. An approved stormwater management permit including a Stormwater Pollution Prevention Plan (SWPPP) shall be required prior to any proposed land development activity that meets any of the following criteria:
i. Any land development activity that may ultimately result in the disturbance of one or more acres of land, including smaller individual sites that are part of a common plan of development that may be constructed at different times.
ii. Land development activity involving greater than 10,000 square feet of land disturbance that discharges to an impaired or special water as described in Appendix A of the NPDES/SDS construction stormwater general permit.
iii. A subdivision plat.
iv. The construction of any new public or private road.
v. Any land development activity, regardless of size, which results in a building permit application or the city determines is likely to cause an adverse impact to an environmentally sensitive area or other property.
(b) Site plans must be submitted for review and confirmation that ordinance requirements have been met, prior to start of construction activity, per MS4 General Permit Item 20.4. In addition to general site plan requirements, site plans required under this section must contain: [MS4 General Permit Item 20.20].
i. All calculations for the permanent stormwater treatment system;
ii. The water quality volume that will be treated through volume reduction practices (e.g., infiltration or other) compared to the total water quality volume required to be treated.
(c) Post-construction stormwater management BMP requirements. A stormwater management permit must provide for stormwater management during and following all construction activity. Stormwater management controls must:
i. Be designed with accepted engineering practices. [MS4 General Permit Item 20.4].
ii. Treat the water quality volume on any project where the sum of the new impervious surface and the fully reconstructed impervious surface equals one or more acres. [MS4 General Permit Item 20.5].
iii. For construction activity (excluding linear projects), water quality volume (calculated as an instantaneous volume) must be calculated as one inch times the sum of the new and the fully reconstructed impervious surface. [MS4 General Permit Item 20.6].
iv. For linear projects, water quality volume (calculated as an instantaneous volume) must be calculated as the larger of one inch times the new impervious surface or one-half inch times the sum of the new and the fully reconstructed impervious surface. Where the entire water quality volume cannot be treated within the existing right-of-way, a reasonable attempt to obtain additional right-of-way, easement, or other permission to treat the stormwater during the project planning process must be made. Volume reduction practices must be considered first. Volume reduction practices are not required if the practices cannot be provided cost effectively. If additional right-of-way, easements, or other permission cannot be obtained, the owner/operator of construction activity must maximize the treatment of the water quality volume prior to discharge from the city’s MS4. [MS4 General Permit Item 20.7].
v. For non-linear projects, where the water quality volume cannot cost effectively be treated on the site of the original construction activity, the permittee must identify, or may require owners of the construction activity to identify, locations where off-site treatment projects can be completed. If the entire water quality volume is not addressed on the site of the original construction activity, the remaining water quality volume must be addressed through off-site treatment and, at a minimum, ensure:
A. Locations that yield benefits to the same receiving water that receives runoff from the original construction activity.
B. Locations within the same DNR catchment area as the original construction activity.
C. Locations in the next adjacent DNR catchment area up-stream.
D. Locations anywhere within the city’s jurisdiction.
vi. Off-site treatment projects must be completed no later than 24 months after the start of the original construction activity. If the city determines more time is needed to complete the treatment project, the city must provide the reason(s) and schedule(s) for completing the project in the annual report.
vii. Volume reduction techniques considered shall include infiltration, reuse and rainwater harvesting, and canopy interception and evapotranspiration and/or additional techniques included in the MIDS calculator and the Minnesota Stormwater Manual. Higher priority shall be given to BMPs that include volume reduction. Secondary preference is to employ filtration techniques, followed by rate control BMPs.
viii. The use of infiltration techniques shall be prohibited where the infiltration practice will be constructed in any areas that:
A. Receive discharges from vehicle fueling and maintenance areas;
B. Where high levels of contaminants in soil or groundwater may be mobilized by infiltration;
C. Where soil infiltration rates are more than 8.3 inches per hour unless soils are amended to slow the infiltration rate below 8.3 inches per hour;
D. With less than three feet of separation from the bottom of the infiltration system to the elevation of the seasonally saturated soils or the top of bedrock;
E. Of predominately Hydrologic Soil Group D (clay) soils;
F. In an Emergency Response Area (ERA) within a Drinking Water Supply Management Area (DWSMA) as defined in Minn. R. 4720.5100, Subp. 13, classified as moderate vulnerability unless the applicant performs a higher level of engineering review sufficient to provide a functioning treatment system and to prevent adverse impacts to groundwater;
G. Outside of an ERA within a DWSMA classified as high or very high vulnerability unless the applicant performs a higher level of engineering review sufficient to provide a functioning treatment system and to prevent adverse impacts to groundwater;
H. Within 1,000 feet upgradient or 100 feet downgradient of active karst features; or,
I. That receive stormwater runoff from these types of entities regulated under NPDES for industrial stormwater: automobile scrap yards, scrap recycling and waste recycling facilities, hazardous waste treatment, storage, or disposal facilities, or air transportation facilities that conduct deicing activities.
ix. Where the site factors listed above limit the construction of infiltration systems, the applicant shall provide appropriate documentation acceptable to the City Engineer regarding the limitations. If the city determines that infiltration is prohibited onsite, the applicant shall consider alternative volume reduction BMPs, and the water quality volume must be treated by a wet sedimentation basin, filtration system, regional ponding, or similar method prior to the release of stormwater to the city's storm sewer system and other surface waters.
(d) Long-term maintenance. The recipient of any stormwater management permit must enter into a long-term maintenance agreement with the city that documents all responsibilities for long-term operation and maintenance of stormwater treatment practices that are not owned or operated by the city.
i. At a minimum, the long-term maintenance agreement must include provisions that:
A. Allow the city to conduct inspections of structural stormwater BMPs not owned or operated by the city, perform necessary maintenance, and assess costs for those structural stormwater BMPs when the city determines the owner of that structural stormwater BMP has not ensured proper function;
B. Preserve the city's right to ensure maintenance responsibility for structural stormwater BMPs not owned or operated by the city, when those responsibilities are legally transferred to another party; and
C. Are designed to protect/preserve structural stormwater BMPs. If structural stormwater BMPs change, causing decreased effectiveness, new, repaired, or improved structural stormwater BMPs must be implemented to provide equivalent treatment to the original BMP.
ii. The city must maintain a written or mapped inventory of structural stormwater BMPs not owned or operated by the city that meet all of the following criteria: [MS4 General Permit Item 20.16].
A. The structural stormwater BMP includes an executed legal mechanism(s) between the city and owners responsible for the long-term maintenance, as required in MS4 General Permit Item 20.15; and
B. The structural stormwater BMP was implemented on or after August 1, 2013.
(e) Permanent stormwater management system design criteria. Infiltration systems are prohibited in the following areas (See “higher level of engineering review” in the Minnesota Stormwater Manual for more information): [MS4 General Permit Item 20.9].
i. Areas that receive runoff from vehicle fueling and maintenance areas regardless of the amount of new and fully reconstructed impervious surface;
ii. Areas where infiltrating stormwater may mobilize high levels of contaminants in soil or groundwater. To make this determination, the owners and/or operators of construction activity must complete the pollution control agency's site screening assessment checklist, which is available in the Minnesota Stormwater Manual, or conduct their own assessment which meets or exceeds the minimum standards of the Stormwater Manual screening assessment. The assessment must be retained with the site plans;
iii. Within a Drinking Water Supply Management Area (DWSMA) as defined in Minn. R. 4720.5100, Subp. 13, if the system will be located:
A. In an Emergency Response Area (ERA) within a DWSMA classified as having high or very high vulnerability as defined by the Minnesota Department of Health; or
B. In an ERA within a DWSMA classified as moderate vulnerability unless a higher level of engineering review sufficient to provide a functioning treatment system and to prevent adverse impacts to groundwater has been approved by the city; or
C. Outside of an ERA within a DWSMA classified as having high or very high vulnerability unless a higher level of engineering review sufficient to provide a functioning treatment system and to prevent adverse impacts to groundwater has been approved by the city.
(f) Minnesota Stormwater Manual. All volume control for water quality and quantity and site design specifications shall conform to the current version of the Minnesota Stormwater Manual.
(g) Site erosion and sediment control requirements. All erosion and sediment control and waste control requirements shall conform to the current requirements of NPDES/SDS construction stormwater general permit.
(L) Temporary family health care dwellings. Pursuant to authority granted by M.S. § 462.3593, Subd. 9, the city opts-out of the requirements of M.S. § 462.3593, which defines and regulates temporary family health care dwellings.
(Ord. 739, passed 8-18-2015; Am. Ord. 748, passed 1-19-2016; Am. Ord. 753, passed 7-19-2016; Am. Ord. 755, passed 10-18-2016; Am. Ord. 759, passed 12-20-2016; Am. Ord. 760, passed 12-20-2016; Am. Ord. 764, passed 10-3-2017; Am. Ord. 770, passed 8-21-2018; Am. Ord. 783, passed 4-16-2019; Am. Ord. 799, passed 7-20-2021; Am. Ord. 806, passed 7-26-2022; Am. Ord. 818, passed 8-15-2023; Am. Ord. 830, passed 7-16-2024; Am. Ord. 833, passed 8-20-2024; Am. Ord. 834, passed 12-3-2024)