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(A) Title. This chapter shall be known and may be cited and referred to as the "North St. Paul Zoning Ordinance;" when referred to herein, it shall be known as "this chapter."
(B) Application.
1. Interpretation. The provisions of this chapter shall be held to be the minimum requirements for the promotion and protection of the public health, safety, morals, and general welfare.
2. Scope. When any condition imposed by any provision of this chapter is either more restrictive or less restrictive than similar conditions imposed by any provision of any other applicable law, City Code provision, statute, resolution or regulation of any kind, the more restrictive one which imposes higher standards or requirements shall prevail. This chapter is not intended to repeal any easements, restrictions, or covenants relating to the use of land or imposed on lands within the community by private declaration or agreement.
3. Conformity. Except as specifically provided for herein, no structure or land shall be used for, nor shall any structure be constructed, converted, enlarged, reconstructed or altered in any manner for any purpose which is not in conformity with the provisions of this chapter. Any existing building or structure and any existing use of properties not in conformity with the regulations may be continued, extended or changed, subject to the special regulations herein provided with respect to nonconforming properties or uses.
(C) Rules.
1. For the purpose of this chapter, words used in the present tense shall include the future; words in the singular shall include the plural, and the plural the singular; the word "building" shall include the word "structure" the word "lot" shall include the word "plot" and the word "shall" is mandatory and not discretionary.
2. All measured distances shall be to the nearest tenth of a foot.
3. Whenever a word or term defined hereinafter appears in the text of this chapter, its meaning shall be as set forth in such definition.
4. A use which is not allowed or authorized by this chapter is prohibited.
(D) Zoning coordination. Any zoning district classification change to land adjacent to or across a public right-of-way from an adjoining county or community shall be referred to that county/community's governing unit for review and comment prior to final action by the City Council. A period of at least ten days shall be provided for receipt of comments; such comments shall be considered as advisory only.
(E) Zoning and the Comprehensive Plan. The North St. Paul Comprehensive Plan establishes the goals, objectives and strategies that serve as a basis for this zoning code. All regulations or amendments adopted pursuant to this chapter shall be generally consistent with the Comprehensive Plan as adopted and revised or updated. The Comprehensive Plan will be modified and updated from time to time based on the requirements of state statutes and the rules of the Metropolitan Council. A plan amendment may be initiated by the City Council, the Planning Commission or upon application of a property owner. The process for application, review, and amendment shall be consistent with state law and with policy adopted by the city.
(F) Repeal of conflicting ordinances. All ordinances or parts of ordinances in conflict with this zoning ordinance, or inconsistent with the provisions of this chapter, are hereby repealed to the extent necessary to give this chapter full force and effect.
(G) Validity. Should any section or provision of this chapter be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the chapter as a whole or any other section.
(Ord. 739, passed 8-18-2015)
The following terms, as used in this chapter, shall have the meanings stated. All measured distances expressed in feet shall be to the nearest tenth of a foot. In the event of conflicting provisions in this chapter, the more restrictive shall apply. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABUT/ABUTTING. Contiguous; having a common boundary, wall, or property line.
ACCESS. The place, means or way by which pedestrians or vehicles have ingress or egress to a property or parking area.
ACCESSORY, STRUCTURE. See 'Building or Structure, Accessory'.
ACCESSORY USE. See 'Use, Accessory'.
ADAPTIVE REUSE. Rehabilitation or renovation of existing building(s) or structures for any use(s) other than the present use(s).
ADDITION. A part added to a building either by constructing so as to form one architectural whole, or by joining, as by a passage, so that each is a necessary adjunct of the other or so that they constitute the same building.
ADULT DAY CARE. A program operating less than 24 hours per day that provides functionally impaired adults with an individualized and coordinated set of services including health services, social services, and nutritional services that are directed at maintaining or improving the participants' capabilities for self-care.
ADULT USES. Any of the activities and businesses described below constitute ADULT USES which are subject to the regulations of this chapter.
(1) ADULT BOOK AND MEDIA STORE. An establishment having a substantial portion of its stock in trade or stock on display (15% or more) consisting of books, magazines, films, videotape or other media of which are characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."
(2) ADULT THEATER. An enclosed building with a capacity for seating 50 or more persons used regularly and routinely for presenting live entertainment or motion pictures, including but not limited to films and videotapes, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."
(3) ADULT MINI THEATER.
(a) An enclosed building with a capacity for seating less than 50 persons used for presenting motion pictures, including but not limited to film and videotape, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."
(b) Any business or building which presents motion pictures, including films and videotapes, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," for viewing on the premises, including but not limited to private booths, peep booths, viewing by means of coin operated or other mechanical devices and the viewing of excerpts of motion pictures offered for sale or rent.
(4) ADULT STORES. An enclosed building where more than 30% of the floor area devoted to display and sales of merchandise consist of materials, paraphernalia and games which are intended to be used in conjunction with or that describe "specified sexual activities" or "specified anatomical areas."
(a) SPECIFIED SEXUAL ACTIVITIES means any of the following:
1. Human genitals in the state of sexual stimulation or arousal;
2. Acts or explicit representations of acts or actual or simulated human masturbation, sexual intercourse or sodomy, bestiality, oral copulation or flagellation;
3. Fondling or erotic touching of human genitals, pubic region, buttock or female breast;
4. Excretory functions as part of or in connection with any activities set forth above.
(b) SPECIFIED ANATOMICAL AREAS are any of the following:
1. Human genitals, pubic region or pubic hair; buttock and female breast below a point immediately above the top of the areola, which are less than completely and opaquely covered; and
2. Human male genitals in a discernible turgid state, even if opaquely covered.
(5) NUDE MODEL STUDIO. Any place where a person who appears in a state of nudity or displays "specified anatomical area" is provided to be observed, sketched, drawn, painted, sculpted, photographed, or similarly depicted by other persons who pay money or any form of consideration.
(6) SEXUAL ENCOUNTER CENTER. A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
(a) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(b) Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.
(7) ADULT ARCADE. Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas".
(8) ADULT CABARET. A nightclub, bar, restaurant, or similar commercial establishment which regularly features:
(a) Persons who appear seminude or in a state of nudity; or
(b) Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
(c) Films, motion pictures, videocassettes, slides, compact disks, computer software, digital recordings or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
(9) ADULT CONVERSATION/RAP PARLOR. A conversation/rap parlor which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk, or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(10) ADULT MASSAGE PARLOR. A massage parlor which excludes minors by reason of age, or which provides, for any form of consideration, the rubbing, stroking, kneading, tapping, or rolling of the body, if the service provided by the massage parlor is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(11) ADULT MOTEL. A hotel, motel, or similar commercial establishment in which at least one of the following occurs:
(a) Offers accommodations to the public for any form of consideration; provides patrons with closed circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or
(b) Offers a sleeping room for rent for a period of time that is less than ten hours or an hourly basis; or
(c) Allows a tenant or occupant of a sleeping room to sub rent the room for a period of time that is less than ten hours or an hourly basis.
(12) ADULT SAUNA. A sauna which excludes minors by reason of age, or which provides, for any form of consideration, a steam bath or heated bathing room used for the purpose of bathing, relaxing, or reducing, utilizing steam or hot air as a cleaning, relaxing, or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(13) ESCORT AGENCY. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
AFFORDABLE HOUSING. Housing for which the occupant(s) is/are paying no more than 30% of his or her income for gross housing costs, including utilities.
ALLEY. See 'Street-Alley'.
ALTERATION. Any construction or renovation to an existing structure other than repair or addition that requires a permit. Also, a change in a mechanical system that involves an extension, addition or change to the arrangement, type or purpose of the original installation that requires a permit.
ALTERNATIVE ENERGY SYSTEMS.
ACCESSORY. A system designed as a secondary use to existing buildings or facilities, wherein the power generated is used primarily for on- site consumption.
ALTERNATIVE ENERGY SYSTEM. A source of energy such as geothermal, wind or solar alternative to more traditionally fossil fuels or combustible energy producers.
BUILDING-INTEGRATED SOLAR ENERGY SYSTEM. A solar energy system that is an
integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building, including but not limited to, photovoltaic or hot water solar systems contained within roofing materials, windows, skylights and awnings.
CLOSED LOOP GROUND SOURCE GEOTHERMAL SYSTEM. A system that circulates a heat transfer fluid, through pipes or coils buried beneath the land surface or anchored to the bottom in a body of water whereby the temperature of the surrounding earth or water is transferred to the structure at the ground surface.
GEOTHERMAL SYSTEM. A system that uses the relatively constant temperature of the stored energy of the earth or a body of water to provide heating in the winter and cooling in the summer. System components include open or closed loops of pipe, coils or plates; a fluid that absorbs and transfers heat; and a heat pump unit that processes heat for use or disperses heat for cooling; and an air distribution system. Also called a ground source heat pump system.
HEAT TRANSFER FLUID. A non-toxic and food grade fluid such as potable water, aqueous solutions of propylene glycol not to exceed 20% by weight or aqueous solutions of potassium acetate not to exceed 20% by weight.
HORIZONTAL AXIS WIND TURBINE. A wind turbine design in which the rotor shaft is parallel to the ground and the blades are perpendicular to the ground.
HORIZONTAL GEOTHERMAL SYSTEM. A closed loop ground source heat pump system where the loops or coils are installed horizontally in a trench or series of trenches no more than 20 feet below the land surface.
HUB. The center of a wind generator rotor, which holds the blades in place and attaches to the shaft.
HUB HEIGHT. The distance measured from natural grade to the center of the turbine hub.
HYDRONIC HEATING SYSTEM. A combustible energy system (not an alternative energy under this section) which uses water to move heat from where it is produced, typically via a wood fired furnace located exterior to the building being heated. Heat is distributed via water piped in an enclosed pipe system to and released into a space by a heat emitter. Also called an outdoor wood boiler.
MONOPOLE TOWER. A tower constructed of tapered tubes that fit together symmetrically and are stacked one section on top of another and bolted to a concrete foundation without support cables.
OPEN LOOP GEOTHERMAL SYSTEM. A system that uses ground water as a heat transfer fluid by drawing ground water from a well whereby the temperature of the surrounding earth or water is transferred to a heat pump and then discharging the water over land, directly into a water body or into an injection well.
PASSIVE SOLAR ENERGY SYSTEM. A system that captures solar light or heat for use without transforming it first to another form of energy or transferring that energy via a heat exchanger.
PHOTOVOLTAIC SYSTEM. A solar energy system that converts solar energy directly into electricity.
SMALL WIND TURBINE. A wind turbine of 100 kW generating capacity or less.
SOLAR ENERGY SYSTEM. A device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generation or water heating.
TOTAL HEIGHT, WIND TURBINE. The highest point above natural grade reached by a rotor tip or any other part of a wind turbine.
TOWER. A vertical structure that supports an alternative energy system.
UTILITY WIND TURBINE. A wind turbine of more than 100 kW nameplate generating capacity.
VERTICAL AXIS WIND TURBINE. A type of wind turbine where the main rotor shaft runs vertically.
VERTICAL GEOTHERMAL SYSTEM. A closed loop ground source heat pump system where the loops or coils are installed vertically in one or more borings below the land surface.
WIND ENERGY SYSTEM. An electrical generating facility that consists of a wind turbine, feeder line(s), associated controls and may include a tower.
WIND TURBINE. Any piece of electrical generating equipment that converts the kinetic energy of blowing wind into electrical energy through the use of airfoils or similar devices to capture the wind.
ANIMAL BOARDING FACILITY. Any lot or premises on which dogs, cats, and/or other household pets are kept, boarded, or raised for sale or adoption. Also known as 'Animal Day Care', 'Animal Kennel', or 'Animal Shelter.'
ANIMAL GROOMING. An establishment, public or private, where animals are bathed, clipped, or combed for the purpose of enhancing their aesthetic value or health and for which a fee is charged.
ANIMAL OR VETERINARY HOSPITAL OR CLINIC. An establishment for the routine examination, medical, or surgical treatment and care of domestic animals, generally with overnight boarding facilities for animals in care.
APARTMENT HOUSE. Any building, or portion thereof, which is designated, built, rented, leased, let, or hired out to be occupied, or which is occupied as the home or residence of three or more families living independently of each other and doing their own cooking in the building, and shall include buildings containing three or more flats or apartments.
APPLICANT. Any person who wishes to obtain a building permit, zoning, or subdivision approval, or a permit to allow land-distributing activities. APPLICANT also means that person's agents, employees, and other acting under this person's direction.
ARCADE. A continuous, covered passageway parallel and open to a street, private or public open space, or building, and typically accessible and open to the public.
ARTISAN STUDIO or MAKERSPACE. An establishment where hand tools, mechanical tools and electronic tools are shared or individually used for the manufacture of artisan finished products or parts including design, processing, fabrication, assembly, treatment, and packaging of products; as well as the incidental storage, sales and distribution of such products. Typical artisan manufacturing uses include, but are not limited to: electronic goods, food and bakery products; non-alcoholic beverages; printmaking; household appliances; leather products; jewelry and clothing/apparel; metal work; furniture; glass or ceramic production; paper manufacturing.
ASSESSED VALUE. The value of real property as established by the county assessor.
ASSISTED LIVING FACILITY AND/OR MEMORY CARE FACILITY. A facility registered with the Minnesota Department of Health (DOH) where individualized home care aide services or home management services are provided to residents either by the management or by providers under contract with the management.
ATTIC. The unfinished space between the ceiling joists of the top story and the roof rafters.
AUTOMOBILE SALES OR RENTAL. Storage and display for sale of more than two motor vehicles or any type of trailer provided the trailer is unoccupied, and where repair or body work is incidental to the operation of the new or used vehicle sales. Motor vehicles sales includes motor vehicle retail, rental, or wholesale sales.
AUTOMOBILE SERVICE OR REPAIR. General repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers, including body work, framework, welding, and major painting service.
AWNING. An architectural projection that provides weather protection, identity or decoration and is wholly supported by the building to which it is attached. An awning is comprised of a lightweight, rigid skeleton structure over which a covering is attached. (See FIGURE 1)
BALCONY. A platform area projecting from the exterior of a building, enclosed by a railing, accessible from above grade and not attached to the ground.
BANK or FINANCIAL INSTITUTION. A financial institution, with or without a drive-up window, for the custody, loan, or exchange of money; for the extension of credit; and for facilitating the transmission of funds. Does not include currency exchanges as defined by M.S. § 53A.01, Subd. 1.
BASE FLOOD ELEVATION. The elevation of the "regional flood." The term "base flood elevation" is used in the flood insurance survey.
BASEMENT. Any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level.
BED AND BREAKFAST ESTABLISHMENT. A commercial facility usually with a private residence therein, providing housing and feeding of transients.
BERM. A mound of earth with elevation generally above the surrounding area.
BLOCK. A tract of land bounded by streets, or by a combination of streets, shorelines, waterways or boundary lines of the corporate limits of the city.
BOARD OF APPEALS AND ADJUSTMENT. A board established by the city to hear and decide appeals regarding zoning and having powers set forth in M.S § 462.357 and M.S § 462.359. The Planning Commission shall serve as the Board of Appeals and Adjustment.
BOARDING HOUSE. A lodging house wherein meals are served to tenants.
BODY ART. The practice of physical body adornment using, but not limited to, tattooing and body piercing. BODY ART does not include practices and procedures that are performed by a licensed medical or dental professional if the procedure is within the professional's scope of practice.
BODY ART ESTABLISHMENT. A place or premise, permanent in nature and location, where body art, whether or not for profit, is performed.
BREWERY, MICRO-BREWERY, MICRO-DISTILLERY, MICRO-WINERY, or TAP ROOM. A small scaled on or off-sale liquor business, located in a building where the primary use is for restaurant, retail, or tasting room, and which specializes in producing limited quantities of wine, beer, or other alcoholic beverages.
BROWNFIELD. With certain legal exclusions and additions, the term "brownfield site" means real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential
presence of a hazardous substance, pollutant, or contaminant.
BUFFER. The use of land, such as: topography (difference in elevation), space, fences or landscape plantings, to screen or partially screen a use of property from another use or property, and thus reduce undesirable effects such as: sight, light, noise, dust and other nuisances. (see FIGURE 3)
BUILD-TO-LINE. A line to which the front wall of a building is to be constructed. The build-to-line runs parallel to the front lot line and is established to create an even building façade line along a street. (see FIGURE 4)
BUILDABLE AREA. The space remaining on a parcel after the minimum setback, drainage provisions, ponding, compensatory storage, soils, open space and other site constraint requirements and building restriction lines of this chapter have been met.
BUILDING OR STRUCTURE. Any structure for the shelter, housing support or enclosure for persons, animals, or property of any kind which is permanently affixed to the ground. When a building is separated by party walls without openings, each portion of such building so separated shall be deemed a separate building.
BUILDING OR STRUCTURE, ACCESSORY. A structure detached from a principal structure, incidental and subordinate to the principal structure or use, including, but not limited to garages and storage sheds. (see FIGURE 5)
BUILDING OR STRUCTURE, CONFORMING. Designates a structure which satisfies all applicable requirements of this chapter as amended.
BUILDING OR STRUCTURE, DETACHED. A building that is not connected to another building.
BUILDING OR STRUCTURE, NON-CONFORMING. See 'Non-Conforming- Building or Structure'.
BUILDING OR STRUCTURE, PRINCIPAL. A building in which a principal use is located.
BUILDING CODE. Minnesota Rules, Chapter 1305, Minnesota Building Code.
BUILDING COVERAGE. The amount of land covered by building area, usually measured in terms of lot percentage.
BUILDING FAÇADE. Any side of a building facing a public way or space and finished accordingly.
BUILDING FACE. That portion of the exterior wall of a structure which shall lie in a vertical plane. One face shall be terminated by an exterior angle of at least 210 degrees formed by two exterior walls, each being at least 18 feet in length or a curved portion of such exterior wall which shall have a central angle of 30 degrees or more.
BUILDING FRONTAGE. The facade of a building most nearly parallel to an abutting public right-of-way which affords principal access.
BUILDING HEIGHT. The vertical distance from the average grade of a building line to: the cornice of a flat roof, the deck of a mansard roof, the uppermost point on a round or other arch-type roof or the mean distance of the highest gable on a pitched or hip roof.
BUILDING LINE. The line established by law, beyond which a building shall not extend, except as specifically provided by law. (see FIGURE 6)
BUILDING LINE, SHORELAND. A line measured across the width of a lot where the main structure is placed in accordance with setback provisions from the ordinary high-water mark.
BUILDING OFFICIAL. The municipal building code administrative authority certified under M.S. § 16B.65, Subd. 2 and 3.
BUILDING PERMIT. A permit required from the responsible governmental agency before any site
work, construction, or alteration to any structures can be started.
BUILDING PLAN. A dimensioned plan drawn to scale which includes the general use and layout of each floor of a building including projections such as canopies, stacks, chimneys, and exterior equipment, if any.
BUILDING SERVICE EQUIPMENT. Refers to the plumbing, mechanical, electrical, and elevator equipment, including piping, wiring, fixtures, and other accessories, that provides sanitation, lighting, heating, ventilation, cooling, refrigeration, firefighting, and transportation facilities essential to the occupancy of the building or structure for its designated use and occupancy.
BUILT ENVIRONMENT. The sum of the parts of a community's physical surroundings formed and shaped by human activity, including: buildings, structures, landscaping, earth mounds, roads, signs, trails, and utilities.
BULK STORAGE (LIQUID). Bulk storage of flammable or combustible liquids or gases for use in industrial processes.
BUSINESS SALES OR SERVICES. Establishments primarily engaged in rendering services to other business establishments on a fee or contract basis, such as advertising and mailing; building maintenance; personnel and employment services; management and consulting services; protective services; equipment rental and leasing; photo finishing; copying and printing; travel; office supply; and similar services.
CALIPER. A tree trunk diameter measured four and one-half feet from the ground on trees more than 12 inches in diameter. On trees more than four inches and up to 12 inches in diameter, caliper is measured 12 inches from the ground. On trees four inches or less in diameter, caliper is measured six inches from the ground.
CANOPY. Any structure, movable or stationary, which is attached to, supported by and projected from the entrance of a building, designed and intended for protection from the elements or as a decorative embellishment. (see FIGURE 7)
CAR WASH. An establishment where the principal use includes washing, drying, polishing, or vacuuming of an automobile or other motor vehicle done by service personnel, the driver, or by automated machinery.
CARPORT. An automobile shelter enclosed on not more than two sides. A carport is not a garage. (see FIGURE 8)
CATERING. A facility in which the principal use is the preparation of food and meals on the premises, and where such food and meals are delivered to another location for consumption.
CELLAR. A portion of a building located partially or wholly underground and having less than three and one-half feet of its floor to ceiling height above grade. A CELLAR is not counted as a story for the purpose of height and setback regulations.
CEMETERY. Any non-publicly owned parcel of land designed, intended to be used, or used for the burial of deceased persons or animals. For purposes of this code, a burial lot and columbarium shall be included in the definition of cemetery.
CERTIFICATE OF OCCUPANCY. Official certification that a premises conforms to provisions of this title and other applicable ordinances and may be used or occupied. A CERTIFICATE OF OCCUPANCY is granted upon completion of new construction or completion of alterations or additions to existing structures.
CHANGE OF USE. Any alteration in the primary use of a lot for zoning purposes.
CHAPTER. When used without clarification means a chapter of the North St. Paul Zoning Code.
CHILD. A person who has not reached age 18.
CITY. The City of North St. Paul, Minnesota.
CITY COUNCIL. The City Council of North St. Paul, Minnesota.
CLINIC. An establishment principally engaged in providing therapeutic, preventative, corrective, healing and health-building treatment services on an outpatient basis by physicians, dentists and other practitioners with no overnight boarding. Includes doctor's offices, dental clinics, medical laboratories, and physical and occupational, and massage therapy facility, chiropractic care.
CLUB OR LODGE. An establishment in which a limited group of people are organized to pursue common social or fraternal goals, interests, or activities, and usually characterized by certain membership restrictions, payment of fees or dues, regular meetings and a constitution or bylaws.
COFFEE SHOP/TEA HOUSE. An establishment engaged principally in the sale of coffee, tea, and other non-alcoholic beverages for consumption on the premises or for carry out, which may also include the sale of a limited number of food items.
COLUMBARIUM. A structure or building substantially exposed above ground intended to be used for the interment of the cremated remains of a deceased person or animal.
COMMON OPEN SPACE. An area of land, water or combination thereof planned for active or passive recreation which is an integral part of a development and is not owned on an individual basis by each owner of the dwelling unit. COMMON OPEN SPACE does not include areas utilized for streets, alleys, driveways or private roads, off-street parking or loading areas, or required yards. The area of recreational activities such as swimming pools, tennis courts, shuffleboard courts, etc., may be included as common open space.
COMMUNICATION STRUCTURE. A structure that is intended to support equipment used to transmit or receive telecommunications signals. Examples of such towers include monopoles and lattice steel structures.
COMMUNITY GARDEN. Any parcel of land, utilizing either individual or shared lots on private or public land. The land may produce fruit, vegetables, and/or ornamentals.
COMPENSATOR STORAGE. Excavated volume of material below the floodplain elevation required to offset floodplain fill.
COMPOST FACILITY. A structure or premises designed, intended to be used, or used for the processing, creation, and open air storage of compost for subsequent sale or distribution. Compost means the mixture of decaying organic ingredients and conditioners for use as fertilizer. A location containing pre-packaged compost or open air compost for use exclusively on the same parcel shall not be considered a compost facility.
COMPREHENSIVE PLAN. A compilation of policy statements, goals, standards, and maps, and action programs for guiding the future development of private and public property. The term includes a plan designating types of uses for the entire municipality as well as a specialized plan showing specific areas or specific types of land uses, such as residential, commercial, industrial, public or semipublic uses or any combination of such uses. A land use plan may also include the proposed densities for development.
CONDITIONAL USE. See 'Use, Conditional'.
CONSTRUCTION ACTIVITY. Disturbance to the land resulting in a change in topography, existing
soil cover (both vegetative and non-vegetative), or the existing soil topography resulting in accelerated storm water runoff, leading to soil erosion and movement of sediment into receiving waters or the city municipal separate storm sewer system. Construction activity includes a land disturbance activity greater than or equal to 10,000 square feet.
CONTRACTOR'S BUSINESS WITH SHOWROOM OR WORKSHOP. An establishment providing general contracting, building/site maintenance, or building construction services. Outdoor storage of equipment and materials shall be consistent with the requirements of this chapter.
CONTROL MEASURE. A practice or combination of practices to control erosion and attendant pollution.
CONVENIENCE STORE. A store which sells any one or a combination of the following: groceries, pharmaceuticals, bakery goods, dairy products, hardware, and variety store items.
CONVENTIONAL ENERGY SYSTEM. Any energy system, including supply elements, furnaces, burners, tanks, boilers, related controls and energy-distribution components, which uses any source of energy other than solar or windmills. These sources include but are not limited to gas, oil, coal, and nuclear materials.
COOPERATIVE. Real estate owned by an association, each of whose members is entitled to a proprietary lease in a unit located on the real estate by virtue of the member's ownership interest in the association.
COUNTY. Ramsey County, Minnesota.
COURT. An open, uncovered space bounded on three or more sides by exterior building walls or other enclosing devices.
CULTURAL CENTER. A use providing for display, performance, or enjoyment of heritage, history, or the arts. This use includes but is not limited to: museums, arts performance venues, cultural centers, or interpretive sites, but does not include commercially operated theatres.
CURB LEVEL. The grade elevation established by the city of the curb in front of the center of a building. Where no curb level has been established, the engineering staff shall determine a curb level or its equivalent.
DAY CARE CENTER. A facility which provides one of the following services: Care of a child outside the child's own home for gain or otherwise, on a regular basis for any part of a 24-hour day; or care for adults offering a program less than 24 hours per day
that provides functionally impaired adults with an individualized and coordinated set of services including health services, social services, and nutritional services.
DAY NURSERY. A use, licensed by the state where care is provided for pay for three or more children under kindergarten age for periods of more than three but less than 24 hours per day.
DECIBEL (dBA). The usual unit for measuring the relative loudness of sound.
DECK. A structure which is either freestanding or attached to a principal or accessory structure, constructed at grade or above grade, intended or designed for use as outdoor living space and unenclosed by solid or non-solid walls or a roof. (see FIGURE 9)
DENSITY. A unit of measurement of the number of dwelling units per acre of land derived by dividing the total number of dwelling units within the particular project, development or subdivision by the total number of acres contained in such development or subdivision excluding all dedicated public streets therein.
DEPENDENCY LIVING ARRANGEMENT. A living arrangement which permits a person with a physical or mental disability to live in a temporary separate living area within a single-family dwelling unit or permits a relative or paid attendant of a person with such a disability to live in a temporary separate living area within a single-family dwelling unit. Such living area may include a separate bath and separate kitchen facilities which permit a degree of independence. Ingress and egress for such a living area is from within the principal dwelling unit.
DEPTH OF REAR YARD. The mean horizontal distance between the rear line of the building and the nearest right-of-way line of an alley, where an alley exists; otherwise a rear lot line. (see FIGURE 10)
DESIGN AND PERFORMANCE STANDARDS. Standards and controls that establish the maximum size of structures and the buildable area within which structures may be located, including height, floor area ratio, gross floor area, lot coverage and yard requirements, but excluding residential density regulation.
DESIGN REVIEW COMMISSION. An advisory committee established by the City Council to review design guidelines and standards to determine if such plans are consistent with design manuals and provisions of this chapter.
DETENTION BASIN. A facility designed to temporarily store runoff from rainfall or snow melt, releasing the stored water at a controlled rate until the basin is empty. The outlet or control structure is located at the bottom of the facility so that the basin is dry after the runoff event.
DETENTION FACILITY. A permanent natural or man-made structure, including wetlands, for the temporary storage of runoff which contains a permanent pool of water.
DEVELOPER. A person, firm, corporation, sole proprietorship, partnership, state agency or political subdivision thereof engaged in a land disturbance activity.
DEVELOPMENT. The construction of any public improvement project, infrastructure, structure, street, or road, or the subdivision of land.
DISABILITY/HANDICAP. With respect to an individual person, a verifiable physical or mental impairment that substantially limits one or more of such person's major life activities and is expected to be long continued and of indefinite duration.
DISTRICT. A section or zone of the city for which the regulation governing the land and building uses, lot area, height of structures and similar provisions are the same under the provisions of this chapter.
DORMER. A projection build out from a sloping roof, usually housing a vertical window or ventilating louver.
DRIVE/DRIVEWAY. A permanent, durable surface designed to provide vehicular access from a street to a lot or to provide vehicular access between different parts of a lot or parking area. A drive that is internal to a parking area is not the same as an aisle. For a detached home, duplex or townhome, the DRIVEWAY may serve as part of the front yard parking space subject to setback requirements.
DRIVE-IN OR SELF-SERVICE BUSINESS. A facility which accommodates automobiles and from which the occupants of the automobiles may make purchases or transact business, including the stacking spaces in which automobiles wait.
DRY CLEANING ESTABLISHMENT. A use involving the cleaning or dyeing of fabrics with the use of mechanical appliances.
DWELLING. A building or one or more portions thereof occupied or intended to be occupied exclusively for residence purposes, but not including rooms in motels, hotels, nursing homes, boarding houses, nor trailers, tents, cabins, trailer coaches, or houseboats.
DWELLING, ATTACHED. A dwelling unit which is joined to another dwelling or building at one or more sides by a party wall or walls.
DWELLING, COTTAGE. A single-family or two-family dwelling that does not exceed 1,000 total square feet and is a part of a joint development with other cottage dwellings.
DWELLING, LIVE/WORK UNIT. A dwelling unit combining residential use types with commercial- or limited industrial-use types. This use classification includes but is not limited to: office, live/work facilities, or other similar uses.
DWELLING, MULTIPLE FAMILY. A building, or portion thereof, on one lot, containing three or more dwelling units.(see FIGURE 11)
DWELLING, SINGLE-FAMILY. A residence structure that is free-standing (detached) and designed for or occupied by one family only. (see FIGURE 12
)
DWELLING, TOWNHOUSE. A one-family dwelling unit constructed in a group of two or more similar one-family dwelling units, each with a private entrance that has direct access to the outside, which is part of a structure whose dwelling units are attached and arranged either horizontally or vertically. When arranged horizontally, they may span more than one parcel.
DWELLING, TWO FAMILY. A residence structure located on a single parcel containing two dwelling units that each have separate housekeeping and cooking facilities, each of which has direct access to the outside. (see FIGURE 13)
DWELLING UNIT. A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooling and sanitation.
DWELLING UNIT, ACCESSORY (ADU). Also known as a "granny flat," "mother-in-law apartment" or "carriage house" - is a self-contained living unit that can be located within the walls of an existing or newly constructed home, or that can be an addition to an existing home. It can also be a freestanding structure on the same lot as the main house or located within/attached to a detached garage.
EASEMENT. A grant by the owner of land to the general public or to others for a specific use of the land.
EDUCATIONAL SERVICES. A business, professional, or other specialty school. This term includes, but is not limited to, a school offering instruction in music, art, dance, martial arts, computer use or programming, and cosmetology.
ELECTRONIC AMUSEMENT DEVICE OR GAME. A mechanical or electronic amusement device or machine which, upon the insertion of a coin, token or slug, operates or may be operated or used for a game, contest or amusement of any description and which contains no payoff in money, coins, checks or merchandise other than a free game(s) at the same machine. Said item includes pinball machines; miniature pool tables; bowling machines; shuffle-boards; electric rifle or gun games; miniature mechanical or electrical games patterned after baseball, football, basketball, hockey, soccer or similar games; electric work and test games; and electric video games of sports, words or aptitude used solely for amusement and not as gambling devices. This term does not include jukeboxes, food vending machines or children's amusement devices.
ENERGY DISSIPATION. Methods employed at pipe outlets or along pipe alignments to prevent erosion including, but not limited to: concrete aprons, riprap, collars, splashguards, and gabions.
ENGINEER. The City Engineer of the City of North St. Paul.
EQUAL DEGREE OF ENCROACHMENT. A method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows.
EROSION. Any process that wears away the surface of the land by the action of water, wind, ice or gravity. Erosion can be accelerated by the activities of man and nature.
EROSION CONTROL. Methods employed to prevent erosion. Examples include soil stabilization
practices, horizontal slope grading, temporary or permanent cover, and construction phasing.
ESSENTIAL SERVICES. Overhead or underground electric, gas, steam or water distribution systems and structures for collection, communication, supply or disposal systems and structures used by public utilities or governmental departments or commissions or as are required for the protection of the public health, safety or general welfare, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fiber alarm boxes, police call boxes and accessories in connection therewith but not including buildings.
EXCAVATION. The mechanical removal of earth material.
EXTERIOR STORAGE. The storage, including open storage, of goods, materials, equipment, manufactured products, and similar items not fully enclosed by a building.
FAMILY. One or more persons related by blood, adoption, or marriage, including foster children and household servants, living and cooking together as a single housekeeping unit; a number of persons, but not exceeding three, living together as a single housekeeping unit though not related by blood, adoption or marriage; or a number of persons, including no more than two adults, living together as a single housekeeping unit where the minor household members are the natural, adoptive or foster children of one of the household members.
FAMILY DAY CARE. See 'Day Nursery'.
FARM FENCE. A fence as defined by M.S. § 344.02, Subd. 1(a)-(d). An open type fence of posts and wire is not considered to be a structure under this chapter. Fences that have the potential to obstruct flood flows, such as chain link fences and rigid walls, are regulated as structures under this chapter.
FARMERS' MARKET. As defined by M.S. § 28A.151, Subd. 1.
FEEDER LINE. Any power line that carries electrical power from one or more wind turbines or individual transformers associated with individual
wind turbines to the point of interconnection with the electric power grid, in the case of interconnection with the high voltage transmission systems the point of interconnection shall be the substation serving the wind energy conversion system.
FENCE. Any partition, structure, wall or gate erected as a divider, marker, barrier, or enclosure.
FENESTRATION. Skylights, roof windows, vertical windows (whether fixed or moveable); opaque doors; glazed doors; glass block; and combination opaque/glazed doors.
FILL. A deposit of earth material placed by artificial means.
FINISHED LIVABLE FLOOR AREA. The floor area of all rooms which can be used for living, eating, sleeping, and recreation including bathrooms, closets and stairways serving such rooms. Measurements can be made from the exterior wall line and interior walls of qualifying rooms may be included. Finished means the area has electrical, lighting, ventilation, heating and surfacing composed of finished materials.
FLOOD. A general or temporary conditions of partial or complete inundation of normally dry land areas.
FLOOD FREQUENCY. The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded.
FLOOD FRINGE. That portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for Ramsey County, Minnesota (all jurisdictions).
FLOOD PLAIN. The beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood.
FLOOD PRONE AREA. Any land susceptible to being inundated by water from any source (see "Flood").
FLOODPROOFING. A combination of structural provisions, changes or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages.
FLOODWAY. The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain which are reasonably required to carry or store the regional flood discharge.
FLOOR AREA. The total square footage of each floor of a building measured from the exterior faces of the exterior walls.
FLOOR AREA RATIO (FAR). The numerical value obtained by dividing the total square footage of a building or buildings by the total lot or parcel area of the site. (see FIGURE 14)
FLOOR PLAN. A graphic representation of the anticipated utilization of the floor area within a building or structure but not necessarily as detailed as construction plans.
FOOD AND BEVERAGE ESTABLISHMENT. A building, structure, enclosure, or any part of a building, structure or enclosure used as, maintained as, advertised as, or held out to be an operation that prepares, serves, or otherwise provides food or beverages, or both, for human consumption.
FUNERAL HOME. A building used for the preparation of the deceased for burial and display of the deceased and rituals connected therewith before burial or cremation. For purposes of this code, a FUNERAL HOME may not include a crematory but may include a columbarium.
GABLE. The triangular upper portion of an end wall under a peaked roof.
GARAGE, PRIVATE. A detached accessory building or portion of the principal building, including a carport, which is used primarily for storing passenger vehicles, trailers or one truck of a rated capacity not in excess of one and one-half tons under the control of and used by the occupants of the principal building on the site.
GARDEN MATERIALS SALES. A place of business where retail and wholesale products and produce are sold to the consumer. These centers, which may include a nursery and/or greenhouses, import most of the items sold, and may include plants, plant nursery products and stock, potting soil, hardware, power equipment and machinery, hoes, rakes, shovels, and other garden and farm variety tools and utensils.
GOLF COURSE. A tract of land laid out with at least nine holes for playing a game of golf and improved with tees, greens, fairways, and hazards. A GOLF COURSE includes a clubhouse and shelters as accessory uses.
GRADE, FINISHED. The finished ground level adjoining the building at all exterior walls.
GRADE (ADJACENT GROUND ELEVATION). The lowest point of elevation of the finished ground, paving, or sidewalk surface between the building and the property line or between the building and a line five feet from the building when the property line is more than five feet from the building.
GRADE, NATURAL. The grade of a site before it is modified by moving earth, adding or removing fill, or installing a berm, retaining wall or other earthwork feature. Natural grade is determined by reference to a survey, or other information as determined by the Zoning Administrator.
GRADE, PLANE. A reference plane representing the average of a finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six feet from the building, between the building and a point six feet from the building.
GREENHOUSE. A structure that is constructed primarily of glass, glass-like or translucent material which is devoted to the protection or cultivation of food or ornamental crops.
GROSS FLOOR AREA (GFA). Total gross floor area including exterior building walls of all floors of a building or structure. Also referred to as 'gross square feet,' or GSF.
GROCERY. Stores where most of the floor area is devoted to the sale of food products for home preparation and consumption, which typically also offer other home care and personal care products, and which are substantially larger and carry a broader range of merchandise than convenience stores.
GROSS LEASABLE AREA (GLA). The portion of GFA that is available for leasing to a tenant.
GROUND FLOOR/FIRST FLOOR. The lowest floor of a building having its floor to ceiling height at or above the grade.
GROUND FLOOR AREA. The lot area covered by a building or buildings measured from the exterior faces of exterior walls but excluding decks and terraces and detached garages which do not exceed 12 feet in height.
GROUND FLOOR-AREA RATIO. The numerical value obtained through dividing the gross ground floor area of a building by the net area of the lot or parcel of land on which such building is located.
GROUNDCOVER. Grass or other spreading plant material used to define and cover the ground surface, less than 12 inches tall.
GROUP FAMILY DAY CARE. Day care for no more than 14 children at any one time.
GROUP HOME. See 'State Licensed Residential Facility'.
HEIGHT. The vertical distance of a structure measured from the average elevation of the finished grade lying 15 feet from the structure to: the highest point of the roof or parapet, for flat roofs; or, the mid-point between the eaves and the ridge, for sloped roofs.
HISTORIC STRUCTURE (as defined in the Code of Federal Regulations 59.1) are:
1) Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district;
3) Individually listed on a State Historic Preservation Offices state inventory of historic places;
4) Individually listed on a local inventory of historic places of the City of North St. Paul under a program overseen by the City Heritage Preservation Commission.
HOLDING POND. An area designed or accepted by the City Engineer and approved by the city to retain water to control the flow of storm water.
HOME OCCUPATION. An occupation, profession, activity, or use conducted for financial gain or profits on a residential property that is clearly secondary to the residential use of the dwelling, not including a yard sale.
HOSPICE. A facility providing a caring environment for supplying the physical and emotional needs of the terminally ill.
HOSPITAL. An establishment where patients are admitted for medical, surgical, or psychiatric treatment for outpatient and/or inpatient, overnight accommodation.
HOT TUB. A tub or small pool, usually made of wood or fiberglass, in which heated water is maintained for recreational or therapeutic activities, including, but not limited to Jacuzzis, whirlpools and spas.
HOTEL. An establishment containing rooming units providing temporary lodging accommodations to the general public, with rooms having access to the outside through an interior hallway connected to the main lobby of the building, and which may provide additional services such as restaurants, meeting rooms, entertainment, and recreational facilities. A hotel shall not include any use which could be defined as a motel.
HYDRIC SOILS. Soils that are saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper part.
HYDROPHYTIC VEGETATION. Macrophytic plant life growing in water, soil or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content.
IMPERVIOUS SURFACE. A constructed hard surface that either prevents or retards the entry of water into the soil, and causes water to run off the surface in greater quantities and at an increased rate of flow than existed prior to development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas, and concrete, asphalt, or gravel roads.
INFILTRATION AREA. A stormwater retention method for the purpose of reducing the volume of stormwater runoff by transmitting a flow of water into the ground through the earth's surface.
INFRASTRUCTURE. The system of public works for a county, state, or municipality including, but not limited to, structures, roads, bridges, culverts, sidewalks; stormwater management facilities, conveyance systems and pipes; pump stations, sanitary sewers and interceptors, hydraulic structures, permanent erosion control and stream bank protection measures, water lines, gas lines, electrical lines and associated facilities, and phone lines and supporting facilities.
INOPERABLE MOTOR VEHICLE. A vehicle which has not been moved for three months, or does not have current license plates on it, or which cannot be safely driven without repair.
INSTITUTION. A use conducted by, or a facility or structure owned or operated by, a nonprofit, religious, or charitable institution that provides educational, cultural, recreational, religious, or other similar types of public services.
INTENSIVE VEGETATION CLEARING. The complete removal of trees or shrubs in a contiguous patch, strip, row or block.
INTERIM USE. A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permits it.
L10. The sound level, expressed in dBA, which is exceeded 10% of the time for a one hour survey, as measured by test procedures approved by the Director of the Minnesota Pollution Control Agency.
L50. The sound level, expressed in dBA, which is exceeded 50% of the time for a one hour survey, as measured by test procedures approved by the Director of the Minnesota Pollution Control Agency.
LAB, RESEARCH. A building or group of buildings in which are located facilities for technological or scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.
LAND DISTURBING OR DEVELOPMENT ACTIVITIES. Any change of the land surface including removing vegetative cover, excavating, filling, grading, stockpiling soil, and the construction of any structure that may cause or contribute to erosion, or the movement of sediment into water bodies. The use of land for new and continuing agricultural activities shall not constitute a land disturbing activity under this chapter.
LANDLOCKED BASIN. A basin that does not have a natural outlet at or below the existing flood elevation as determined using the simplified hydrologic yield method or other acceptable hydrologic analysis method identified in the Comprehensive Surface Water Management Plan, adopted August of 2006, as amended.
LANDSCAPE PLAN. A component of a development and/or site plan on which required information is shown in order for authorized review bodies to make an informed decision to approve or deny the submission.
LANDSCAPING. An expanse of scenery including lawns, plants, trees, and other natural materials, such as rock, stone, wood chips; and decorative features, including fountains, sculptures, walks, and water features.
LAUNDROMAT. A facility where patrons wash or dry clothing or other fabrics in machines operated by the patron and/or a business that provides washing, drying and ironing for hire by an employee of the facility. Does not include dry cleaning of clothing or other fabrics onsite.
LEAST SUSCEPTIBLE WETLAND TYPE. A wetland characterized as a gravel pit, cultivated hydric soil, dredged material or fill, or material disposal site.
LIMITED PRODUCTION AND PROCESSING. Small-scale assembly, disassembly, fabrication, manufacture, cleaning, servicing, packaging, sorting or other handling of goods or materials, either as an intermediate input for further production or processing, or for final sale, use or consumption.
LIQUOR STORE. An establishment that sells alcoholic beverages for off-premises consumption.
LOADING SPACE. That portion of a lot or plot designed to serve the purpose of loading or unloading all types of vehicles.
LODGING HOUSE. Any dwelling other than a hotel or motel where lodgings are provided for compensation for one or more persons, not to exceed eight, pursuant to previous arrangements for definite periods of time.
LOT. A designated parcel, tract or area of land established by plat, subdivision or as otherwise permitted by law.
LOT AREA. The area of a horizontal plane bounded by front, rear and side lot lines, excluding any public ways.
LOT AREA PER UNIT. The number obtained by dividing the lot area by the number of dwelling units on or proposed for the property.
LOT, CONFORMING. A lot or parcel legally existing on the effective date of this chapter which meets the minimum lot width and lot area requirements of this chapter.
LOT, CORNER. A lot situated at the junction of and abutting on two or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed 135 degrees. (see FIGURE 15)
LOT COVERAGE. The amount of impervious surface on a lot.
LOT, DEPTH. The distance from the front line to the rear lot line. In the case of a lot of irregular shape, the mean depth shall be the lot depth.
LOT, DOUBLE FRONTAGE/LOT, THROUGH. A lot other than a corner lot which has
a property line abutting on one street and an opposite property line abutting on another nonintersecting street. (see FIGURE 15)
LOT, FLAG. Any lot having less frontage on a public way than is typical for the block in which the lot is proposed and is configured such that a narrow access corridor extends from the point of frontage to a larger portion of the lot (the "rear lot").
LOT FRONTAGE. The length of the property line of any one premises along an abutting public right-of-way.
LOT LINE. A line of record bounding a lot that divides one lot from another lot or from a public or private street or alley or any other public space.
LOT LINE, FRONT. The boundary of a lot which abuts an existing or dedicated public or private street. In the case of a lot with more than one street frontage, the FRONT LOT LINE shall be determined by the following circumstances:
(1) The shortest dimension on a public or private street;
(2) If the primary entrance of the principal structure is located facing a frontage other the shortest dimension on a public or private street, the FRONT LOT LINE may be designated by the Zoning Administrator;
(3) If the dimensions of a lot with more than one street frontage are equal, the FRONT LOT LINE shall be designated by the Zoning Administrator.
LOT LINE, REAR. That boundary of a lot which is opposite the front lot line. If the rear lot line is less than ten feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line.
LOT LINE, SIDE. Any boundary of a lot which is not a front or rear lot line.
LOT LINE, ZERO. The reduction to zero of a side yard setback requirement permitting the placement of a structure near or adjacent to the side yard lot line; however, no portion of the structure or accessory appurtenance shall project over the lot line.
LOT, NONCONFORMING. See 'Nonconforming - Lot'.
LOT OF RECORD. A parcel of land, whether subdivided or otherwise legally described, as of the effective date of this chapter, or approved by the city as a lot subsequent to such date, and which is occupied by or intended for occupancy by one principal use, together with any accessory buildings or the open spaces as required by this chapter and having its principal frontage on a street, or a proposed street approved by the Council.
LOT, REVERSED CORNER. A corner lot, the rear of which abuts the side of another lot.
LOT WIDTH. The maximum horizontal distance between the side lot lines of a lot measured within the first 30 feet of lot depth.
LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor.
MAJOR WATERSHED. One of the 87 major watershed units delineated by the map titled State of Minnesota Watershed Boundaries, 1979, produced by the Minnesota Department of Natural Resources as included in the Wetland Conservation Act Rules 8420.0549.
MANUFACTURED HOME. A structure, not affixed to or part of real estate, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the
required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained in it. The term "manufactured home" does not include the term "recreational vehicle."
MANUFACTURED HOME PARK. One or more contiguous parcels of land under a single management which have been designed and developed in such a manner as to provide individual manufactured home sites for two or more manufactured homes and includes any building, structures, tent, vehicle or enclosure used or intended for use as part of the equipment of the manufactured home park as defined in M.S. § 327.
MANUFACTURED HOME SITE. An area of land within a manufactured home park that is designed and developed in such a manner as to provide a location for one manufactured home.
MANUFACTURED HOME STAND. That portion of a manufactured home site that is designed, constructed, and improved in such a manner as to provide a base upon which a manufactured home shall rest, and which also serves as a base upon which blocks or other materials are placed to assist in leveling the floor of the manufactured home and provide a temporary type of foundation.
MARQUEE. A permanent roofed structure attached to and supported by the building and projects over property.
MEDICAL CANNIBAS FACILITY. A facility involved in medical cannabis, including a medical cannabis manufacturer, medical cannabis distribution facility, and medical cannabis laboratory.
MEMBRANE STRUCTURE. A structure lacking a permanent foundation usually consisting of an aluminum, steel or plastic frame which is covered with aluminum, steel, plastic, fabric, canvas or similar materials and is used to provide storage of vehicles, boats, recreational vehicles or other personal property. The term shall also apply to structures commonly known as carports, hoop houses, and tent garages and can be fully or partially covered but shall not apply to boat lifts and canopies which are placed in public water.
MINI-WAREHOUSE. A building or group of buildings in a controlled-access, screened, and secured
compound that contains individual compartmentalized and controlled-access storage spaces of varying sizes which are leased or rented for storage purposes on an individual basis.
MINNESOTA POLLUTION CONTROL AGENCY (MPCA). The state organization responsible for the NPDES/SDS permitting system.
MODERATELY SUSCEPTIBLE WETLAND TYPE. A wetland characterized as shrub-carr, alder thicket; fresh wet meadow not dominated by reed canary grass; or shallow or deep marsh not dominated by reed canary grass, cattail, giant reed, or purple loosestrife.
MODULAR BUILDING, INDUSTRIALIZED. A building of closed construction made or assembled in manufacturing facilities off the building site, for installation, or assembly and installation, on the building site, and is constructed so that concealed parts or processes of manufacture cannot be inspected at the site, without disassembly, damage, destruction. This does not include "manufactured home" or "prefabricated home", which are each defined separately.
MOTEL. A building containing rooming units designed primarily for providing sleeping accommodations for transient lodgers, with rooms having a separate entrance providing direct access to the outside and with automobile parking located adjacent to or near sleeping rooms.
NATURAL ENVIRONMENT LAKES. As defined in Minnesota Rule 6120.3000.
NET FLOOR AREA (NFA). Total floor area, excluding exterior building walls.
NOISE. Any activity which creates or produces sound regardless of frequency exceeding the ambient noise levels at the property line of any property (or if a condominium or apartment house, within any adjoining apartment) above the ambient noise levels as designated by the NAC noise table at the time and place and for the duration then mentioned.
NON-CONFORMING -
LOT. A lot or parcel legally existing on the effective date of this chapter which does not meet the minimum lot width or lot area requirements of this chapter or on the effective date of a new land use regulation.
SIGN. A sign which lawfully existed at the adoption of this chapter but does not conform to its requirements.
STRUCTURE. A structure legally existing on the effective date of this chapter, or subsequent revisions, which does not comply with the most current regulations herein governing the zoning district in which such structure is located.
USE. A use of land, buildings, or structures legally existing on the effective date of this chapter or a new land use regulation, which does not comply with the regulations herein governing the zoning district in which such use is located. Any use which has been allowed as a conditional use shall not be considered non-conforming.
NON-POINT SOURCE. Nutrient and pollution sources not discharged from a single point, e.g. runoff from agricultural fields, feedlots or urban streets.
NORMAL WATER LEVEL (NWL). For a reservoir with a fixed overflow, the NWL is the lowest crest level of that overflow. For a reservoir whose outflow is controlled wholly or partly by movable gates, siphons or other means, it is the maximum level to which water may rise under normal operating conditions, exclusive of any provision for flood storage. For a closed depression wetland, it is the maximum level to which the water may rise under normal precipitation conditions exclusive of any provision for flood storage.
NURP. The Nationwide Urban Runoff Program developed by the Environmental Protection Agency to study storm water runoff from urban development.
NURSERY SCHOOL. See 'Day Nursery'.
NURSING HOME. A licensed facility or part of a licensed facility which provides nursing care to five or more persons. This does not include a facility or part of a facility which is a hospital, a hospital with approved swing beds as defined in M.S. § 144.562, clinic, doctor's office, diagnostic or treatment center, or a residential program licensed pursuant to M.S. §§ 245A.01 - 245A.16, or M.S. § 252.28 and M.S. § 144A.01 Subd. 5.
OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse or regulatory flood plain which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water.
OCCUPIED SPACE. The total area of all buildings or structures on any lot or parcel of ground projected on a horizontal plane, excluding permitted projections as allowed by this code.
OFF-GRID. An electrical system that cannot be or is not permitted to be connected to the utility's electric system or to any building or structure that is connected.
OFFICE. Administrative, executive, professional, or similar organizations, providing direct services to consumers provided that no merchandise or merchandising services are sold on the premises, except such as are incidental or accessory to the principal permissible use. Examples include, but are not limited to, firms providing architectural, computer software consulting, data management, academic instruction, engineering, interior design, graphic design, or legal services.
OFFICIAL ZONING MAP. A map adopted in accordance with M.S. § 462.359 and is the Official Zoning Map for the city.
ONE HUNDRED YEAR FLOODPLAIN. Lands inundated by the "Regional Flood."
OPEN SPACE. Land preserved apart from development. An open area, including passive and active recreation, unimproved land, pedestrian plazas, parks, nature areas, playgrounds and trails, but not including holding ponds.
ORDINANCE. This Zoning Ordinance, adopted as Chapter 154 of the City Code, and as subsequently amended.
ORDINARY HIGH-WATER LEVEL (OHWL). The boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial.
OUTDOOR SALES AND DISPLAY. Land devoted to the display of goods, products or merchandise for sale, rent, lease or trade where such goods are not enclosed within a building. This can also include the selling of goods or products outside.
OUTDOOR SALES EVENT. A seasonal or occasional sale held on the sidewalk or other location outside a building.
OUTDOOR SEATING. A commercial seating area for business patrons.
OUTDOOR STORAGE. Permanent storage of goods, materials, equipment, or fleet or service vehicles outside of an enclosed building.
OUTLOT. A tract of land identified by a capital letter and is land that is not part of a block.
OVERLAY DISTRICT. A zoning district that encompasses one or more primary zoning districts or
portions thereof and that imposes additional requirements or relaxes one or more standards required by the primary zoning district.
OWNER. Any individual, firm, association, partnership, corporation, trust or any other legal entity having proprietary interest in the land.
PARAPET. A low protective wall along the edge of a roof, bridge, or balcony.
PARCEL. A designated lot, tract or area of land established by plat, subdivision or as otherwise permitted by law.
PARK, PUBLIC. A park operated by the City of North St. Paul, including all park buildings.
PARKING -
ACCESSIBLE PARKING SPACE. Parking spaces accessible for persons with disabilities.
ACCESSORY PARKING. Automobile parking as a subordinate use and of a nature incidental to but supportive of the principal use, building or structure. Accessory parking is characterized as a free service for employees and/or customers of the principal use, building or structure.
PARKING FACILITY. A commercial parking facility owned and operated by the city or by a private entity and designed to accommodate the off-street parking of motor vehicles. Such parking may be located in a structured parking facility, a surface lot or a combination thereof.
PARKING LOT. Any off-street area that is one-level, surfaced, open-to-the-air, and used for parking vehicles.
PARKING SPACE. A suitably surfaced and permanently maintained area, either within or outside a building, of sufficient size to store one standard automobile exclusive of any driveway or other circulation area, accessible from a street, alley, or maneuvering area.
PARKING STRUCTURE. Any structure, including multi-level parking, designed and used for temporary location of vehicles and is commonly called a parking garage or parking ramp.
PROOF OF PARKING. An area of a lot other than that area secured for yards, usable open space or landscaping which is allocated for parking but is not paved or striped.
PARKS AND RECREATION COMMISSION. The Parks and Recreation Commission of the city, except when otherwise designated.
PARTY WALL. A wall which divides two adjoining structures and in which each of the occupants of the structures has rights of enjoinment.
PATIO. A covered or uncovered, surfaced outdoor living area located at grade, adjacent to and accessible from a dwelling.
PAWN SHOP. A facility where money is loaned based on the value of goods deposited at the facility by the borrower of the money, which goods are held by the pawnbroker of the money occupying the facility as collateral for the loan. Items held by the pawnbroker which are not redeemed by a borrower may be put up for sale at the facility to the general public.
PEDESTRIAN ORIENTED DEVELOPMENT. Developments that are designed to provide a safe, comfortable environment for pedestrians. Important elements include sidewalks that are separated and buffered from vehicular traffic with limited interruption from driveways; the provision of street trees and appropriate street furniture; and buildings that visually address the street with visible entranceways and windows, and, in the case of commercial buildings, may include awnings or canopies that protect pedestrians from the weather.
PERFORMANCE STANDARD. Regulatory language stating the minimum requirement or the maximum allowable limit on the effects or characteristics of a use or structure.
PERFORMANCE-BASED DESIGN. An engineering approach to design elements of a building based on agreed upon performance goals and objectives, engineering analysis, and quantitative assessment of alternatives against the design goals and objectives, using accepted engineering tools, methodologies, and performance criteria.
PERGOLA. A building-like structure with columns supporting an elevated trellis over which vines or plants may grow.
PERSON. Any individual, firm, trustee, receiver, assignee, partnership, unincorporated society
or association, limited liability company, corporation or any other type of business or association, including respective successors or assigns.
PERSONAL SERVICES. Establishments providing non-medically-related services, including salons, spas (with or without massage), barber shops, garment tailoring or repair, laundry and dry cleaning establishments, body art establishments, and post offices. These uses may also include accessory retail sales of products related to the services provided.
PERVIOUS PAVEMENT OR PAVERS. Pavement or pavers that are designed and maintained to allow precipitation to infiltrate into the ground, in order to reduce the volume and velocity of stormwater runoff. Pervious pavement materials include pervious interlocking concrete paving blocks, concrete grid pavers, perforated brick pavers, and similar materials determined by the City Engineer to qualify.
PHASED DEVELOPMENT. Two or more development projects undertaken or to be undertaken by the same developer or proposer that the city determines will have effects on the same geographic area and that are or will be undertaken over a limited period of time.
PHYSICALLY HANDICAPPED. Having sight disabilities, hearing disabilities, disabilities of incoordination, disabilities of aging, or other disabilities that significantly reduce mobility, flexibility, coordination, or perceptiveness.
PLANNED UNIT DEVELOPMENT (PUD). A large area of land under unified control that is planned and developed as a whole through a single development operation or programmed series of development phases, in accord with the master plan for the purpose of encouraging design flexibility, mix of land uses, housing types, density, sustainability and creativity in land planning. The development may include streets, sidewalks, utilities, buildings, open space and other site features and improvements.
PLANNING COMMISSION. The Planning Commission of the City of North St. Paul established by the City Council to perform planning pursuant to M.S. § 462.354.
PLANTING AREA. An unpaved pervious area intended or used for the placement of a tree or other required landscaping elements.
PLAT. The drawing or map of a subdivision prepared for filing of record pursuant to M.S. § 505
and containing all elements and requirements set forth in applicable local regulations adopted pursuant to M.S. § 462.358 and M.S. § 505.
PORCH. A covered entrance to a building consisting of a platform area, with open or enclosed sides, projecting from the wall of a building. (see FIGURE 16)
PORTABLE STORAGE UNIT. A non-permanent, non-habitable, self-contained structure designed for temporary placement on and subsequent removal from a parcel for the purpose of facilitating off-site storage.
POTABLE WATER. Water free from impurities present in amounts sufficient to cause disease or harmful physiological effects and conforming in bacteriological and chemical quality to the requirements of the public health authority having jurisdiction.
PRACTICAL DIFFICULTIES. Used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance, the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties.
PRE-CUT HOME. A non-mobile housing unit in which the lumber components for the walls, floors and ceilings, roof and structured member are pre-cut at a central factory and transported to a building site where final construction is completed, permanently affixing the unit to the site.
PREFABRICATED HOME. A single-family or multi-family dwelling unit constructed of walls, floors, ceilings and other building components that have been separately constructed off of the building site and are then transported to the building site for assembly and installation.
PREMISES. Land together with the buildings and structures thereon.
PRODUCTION OR PROCESSING. The assembly, disassembly, fabrication, manufacture, cleaning, servicing, packaging, sorting or other handling of goods or materials, either as an intermediate input for further production or processing, or for final sale, use or consumption.
PROPERTY LINE. The legal boundaries of a parcel of property.
PUBLIC HEALTH AND GENERAL WELFARE. As defined in M.S. § 103D.011, Subd. 23 and 24.
PUBLIC IMPROVEMENT. Any drainage ditch, roadway, parkway, street, sanitary sewer, storm sewer, water system, sidewalk, pedestrian way, tree, lawn, off-street parking area, street lights, lot improvement or other facility for which the city may ultimately assume ownership, responsibility for maintenance and operation, or which may affect an improvement, for which local government responsibility is or may be established.
PUBLIC LAND. Land owned or operated by a municipality, school district, county, state or other governmental unit.
PUBLIC NOTICE. A ten days' printed notice of the time, place, and purpose of a hearing or proceeding.
PUBLIC OPEN SPACE. Open space owned by the city, county, state, school district or other special district.
PUBLIC WATERS. Waters of the state as defined in M.S. § 103G.005, Subd. 15.
PUBLIC WAY. An alley, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, lane, parkway, right-of-way, road, sidewalk, street, subway, tunnel, viaduct, walk or
other way in which a public entity has a proprietary right, or which is dedicated whether or not it has been improved.
REACH. A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach.
RECEIVING WATERS. All lakes, ponds, streams, marshes, reservoirs, springs, wetlands that are not part of the city's municipal separate storm sewer system.
RECREATION -
RECREATION, ACTIVE. Refers to a structured individual or team activity that requires the use of special facilities, courses, fields, or equipment. Examples of active recreation include: baseball, soccer, tennis, skateboarding, and hockey.
RECREATION, INDOOR, COMMERCIAL. A commercial recreational land use conducted entirely within a building, including arcade, arena, athletic and health clubs, bowling alley, community center, conference center, exhibit hall, gymnasium, movie theater, pool or billiard hall, skating rink, swimming pool, tennis court and the like.
RECREATION, OUTDOOR, COMMERCIAL. A commercial recreation facility that is primarily an open air facility, such as baseball fields, swimming pools, skating rinks, golf driving ranges, or miniature golf facilities.
RECREATION, PASSIVE. Refers to recreational activities that do not require prepared facilities like sports fields or pavilions. Passive recreational activities place minimal stress on a site's resources; as a result, they can provide ecosystem service benefits and are highly compatible with natural resource protection. Examples of passive recreation include: hiking, picnicking, swimming, walking, observing and photographing nature.
RECREATION, PUBLIC. All uses that are commonly provided at parks, playgrounds, community centers and other such sites owned and operated by a unit of government for the purpose of providing recreation to the public.
RECREATIONAL DEVELOPMENT LAKES. As defined in Minnesota Rule 6120.3000.
RECREATIONAL VEHICLE. A vehicular type portable structure without permanent foundation which can be towed, hauled, or driven and primarily designed as temporary living accommodation for recreational, camping, and travel use, and including, but not limited to, travel trailers, truck campers, camping trailers, and self-propelled motor homes.
REGIONAL FLOOD. A flood which can be expected to occur on an average frequency in the magnitude of the 1% change or 100-year recurrence interval. REGIONAL FLOOD is synonymous with the term "base flood" used in a flood insurance study.
REGISTERED LAND SURVEY. A survey map of registered land designed to simplify a complicated metes and bounds description by designating the same as a tract or tracts of a registered land survey number.
REGULATORY FLOOD PROTECTION ELEVATION (RFPE). An elevation not less than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway.
RELIGIOUS INSTITUTIONS. A facility where people regularly assemble for religious worship and any incidental religious education, which is maintained and controlled by a religious body organized to sustain public worship. For purposes of this code, a columbarium shall be included in the definition of religious institution. This term does not include an elementary or secondary school, a specialty or personal instruction school, or a college. This term is also known as a place of worship.
REPAIR. The reconstruction or renewal of any part of an existing building for the purpose of its maintenance.
REPETITIVE LOSS. Flood related damages sustained by a structure on two separate occasions during a ten year period for which the cost of repairs at the time of each such flood event on the average
equals or exceeds 25% of the market value of the structure before the damage occurred.
RESTAURANT. An establishment that involves the preparation of food and drink, served to and consumed by patrons primarily on the premises or for carry out.
RETAIL SALES. A commercial enterprise that provides goods directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the purchaser. These uses may also include accessory service of the types of retail goods sold on the premise.
RETENTION. The prevention of direct discharge of storm water runoff into receiving water or conveyance networks; examples include systems that discharge through percolation, exfiltration, infiltration and evaporation processes that generally have residence times of less than three days.
RETENTION FACILITY. A permanent natural or manmade structure that provides for the storage of storm water runoff by means of a permanent pool of water.
REZONING. The process whereby the zoning classification or specific regulations applicable to a property are changed from one district to another, also referred to as "Zoning Map Amendment."
RIGHT-OF-WAY. Land acquired by reservation or dedication intended for public use and to be occupied by a street, trail, railroad, utility lines, oil or gas pipeline, water line, sanitary sewer, storm sewer or other similar uses. RIGHT-OF-WAY includes any "Public Ways."
ROOF (TYPES). The top covering of a building constructed to shield the area beneath from the weather.
ARCH. A curved symmetrical structure supporting the weight of a roof above.
FLAT. A roof slope with a two-foot rise over a twelve-foot run or less.
GABLED. A roof that slopes from both sides of a ridge.
GAMBREL. A double pitched roof.
HIPPED. A roof with slopes on all four sides, continuous from peak to eaves.
MANSARD. A steep, dual pitched hipped roof allowing a tall attic space; frequently used to add an upper story.
ROOF LINE. The highest point of the coping of a flat roof, the lower edge of the eave of a pitched roof, or the uppermost height of a facade or parapet in the case of an extended facade or parapet.
ROOF PITCH. The final exterior slope of a building roof typically but not exclusively expressed as a ratio of the distance, in inches, of vertical "rise" to the distance, in inches, of horizontal "run," such as 3:12, 9:12, 12:12.
ROOMING UNIT. Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking and eating purposes.
RUNOFF. Rainfall, snowmelt, or irrigation water flowing over the ground surface.
RWMWD. Ramsey-Washington Metro Watershed District.
SALVAGE YARD. Any place where any person who is a junk dealer or salvage dealer buys, exchanges, collects, receives, stores, accumulates, sells or otherwise transfers junk or salvaged material.
SCHOOLS, ELEMENTARY OR SECONDARY. Public or private schools which provide an educational program for one or more grades between pre-kindergarten and grade 12 and which are commonly known as elementary schools, grade schools, middle schools, junior high schools, or high schools.
SCREENING. The use of plant materials, fences or earthen berms to partially conceal the separate land use from the surrounding land use.
SECTION (ELEVATION). A view of a building seen from one side, a flat representation of one façade. This is the most common view used to describe the external appearance of a building.
SEDIMENT. Solid mineral or organic material, that in suspension is being transported or has been moved from its original site by air, water, gravity or ice, and has been deposited at another location.
SEDIMENTATION. The process or action of depositing sediment that is determined to have been caused by erosion.
SELF-SERVICE STORAGE FACILITY. A building or group of buildings in a controlled-access, screened, and secured compound that contains individual compartmentalized and controlled-access storage spaces of varying sizes which are leased or rented for storage purposes on an individual basis.
SENIOR HOUSING. A residential housing development, excluding nursing homes and exclusive of any unit occupied by a caretaker, consisting of units meeting the following requirements:
1) The units are designed for occupancy by individuals over 55 years of age or by a couple with one or both members over 55 years of age;
2) The property owner shall record a covenant to run with the land executed in a form approved by the city which restricts the use of the property to occupancy by senior citizens;
3) Developments which do not consist of townhouses shall provide a lounge or other inside community rooms equal in aggregate size to a minimum of 15 square feet for each dwelling unit.
SENIOR HOUSING WITH SERVICES. Nursing home, assisted living, and memory care for individuals 55 and older, as defined by M.S. § 144(D) and 144(G), as they may be amended from time to time.
SETBACK. The minimum required distance between a building or structure and the property line nearest thereto. (see FIGURE 17)
SETBACK, AREA. The required open area on a lot that must remain unoccupied and unobstructed by a building or structure from its lowest level to the sky except as permitted by this chapter. The setback area extends along the lot line at right angles to such lot line to a depth or width specified in the setback regulations for the zoning district in which the lot is located.
SETBACK, FRONT. The minimum required distance by which any building or structure must be separated from the front lot line.
SETBACK, REAR. The minimum required distance by which any building or structure must be separated from the rear lot line.
SETBACK, SHORELAND. The minimum horizontal distance between a structure and the ordinary high water mark.
SETBACK, SIDE. The minimum required distance by which any building or structure must be separated from the side lot line.
SEWAGE. Any water-carried domestic waste, exclusive of footing drainage and stormwater runoff, of any residence, industry, agricultural or commercial establishment, whether treated or untreated, including the liquid wastes produced by bathing, laundry, or culinary operations, and from toilets and floor drains.
SEWAGE, RAW. Sewage which has not been subjected to any treatment process.
SHOPPING CENTER. A group of commercial establishments built on a site which is planned and developed as an operating unit and typically sharing common space and services such as parking, maintenance and advertising.
SHORE IMPACT ZONE. All land between the ordinary high or water's edge and a line parallel to it at a setback of 50% of the structure setback, as detailed below.
Shore Impact Zone | |
Silver Lake | 37.5' |
Casey Lake | 75' |
SHORELAND. Land located within 1,000 feet from the normal high water level of a lake, pond, or flowage; and land within 300 feet of a river or stream.
SHORELAND ALTERATION. Grading or filling of shoreland areas or any alteration of the natural topography where the slope of the land is toward a public water or a watercourse leading to a public water.
SHORELAND DISTRICT. Land located within a floodplain, within 1,000 feet of the OHW of a public water or public waters wetland or within 300 feet of a stream or river.
SHORT-TERM RENTAL. Any dwelling or portion thereof that is available for use or is used for overnight accommodations or lodging to guests for compensation, for periods of less than 30 consecutive days.
SHRUB. A low, usually several stemmed, woody plant.
SITE. A lot or group of adjacent lots intended, designated, or approved to function as an integrated unit, that is proposed for development in accord with the provisions of this chapter and is in a single ownership or has multiple owners, all of whom execute a joint application for development.
SITE PLAN. A plan for the development of a tract of land drawn to scale, including but not limited to identifying the proposed uses; the location and dimensions of all proposed structures; public and private streets and roadways on or abutting such tract, parking areas, ground covers; total acreage of the tract, legal description, number of dwelling units, if any, and number of bedrooms for each; the gross floor area, the floor area and ground floor area of all buildings and structures; and the graphic scale to which the plan is drawn.
SLOPE. The degree of deviation of a surface from the horizontal; usually expressed in percent or degrees.
SOLAR TYPES -
SOLAR ACCESS. A view of the sun, from any point on the collector surface that is not obscured by any vegetation, building, or object located on parcels of land other than the parcel upon which the solar collector is located, between the hours of 9:00 a.m. and 3:00 p.m. standard time on any day of the year.
SOLAR COLLECTOR. A device, structure or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy.
SOLAR COLLECTOR SURFACE. Any part of a solar collector that absorbs solar energy for use in the collector's energy transformation process. Collector surface does not include frames, supports and mounting hardware.
SOLAR DAYLIGHTING. A device specifically designed to capture and redirect the visible portion of the solar spectrum, while controlling the infrared portion, for use in illuminating interior building spaces in lieu of artificial lighting.
SOLAR ENERGY. Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.
SOLAR ENERGY DEVICE. A system or series of mechanisms designed primarily to provide heating, to provide cooling, to produce electrical power, to produce mechanical power, to provide solar daylighting or to provide any combination of the foregoing by means of collecting and transferring solar generated energy into such uses either by active or passive means. Such systems may also have the capability of storing such energy for future utilization. Passive solar systems shall clearly be designed as a solar energy device such as a trombe wall and not merely a part of a normal structure such as a window.
SOLAR ENERGY EASEMENT. See 'Renewable Energy Easement'.
SOLAR HEAT EXCHANGER. A component of a solar energy device that is used to transfer heat from one substance to another, either liquid or gas.
SOLAR HOT WATER SYSTEM. A system that includes a solar collector and a heat exchanger that heats or preheats water for building heating systems or other hot water needs, including residential domestic hot water and hot water for commercial processes.
SOLAR MOUNTING DEVICES. Devices that allow the mounting of a solar collector onto a roof surface or the ground.
SOLAR STORAGE UNIT. A component of a solar energy device that is used to store solar generated electricity or heat for later use.
SOLAR SYSTEM, ACTIVE. A solar energy system that transforms solar energy into another form of energy or transfers heat from a collector to another medium using mechanical, electrical, or chemical means.
SOLAR SYSTEM, GRID-INTERTIE. A photovoltaic solar system that is connected to an electric circuit served by an electric utility company.
SOLAR SYSTEM, OFF-GRID. A photovoltaic solar system in which the circuits energized by the solar system are not electrically connected in any way to electric circuits that are served by an electric utility company.
SPECIAL FLOOD HAZARD AREA. A term used for flood insurance purposes synonymous with "one hundred year floodplain."
SPECIAL INFILL HOUSING. Quality housing which may be suitable in development or redevelopment of parcels.
SPORT COURT. An outdoor play surface intended for use in sports. This term includes outdoor tennis courts, basketball courts, volleyball courts, and similar uses.
STANDARD. A preferred or desired level of quantity, quality, or value.
STATE LICENSED RESIDENTIAL FACILITY. A state-licensed and mandatory residential facility occupied by persons in need of specialized treatment or protection and resident staff who live together as a single housekeeping unit, usually for a limited period of time.
STOREFRONT. The ground level frontage of a building in which there is located a single business directly behind the frontage. A building may have more than one storefront. The length of the storefront is measured from the outside edge of the exterior walls of the building, or if there are multiple storefronts located in a single building, from the centerline of the wall that separates the business from another business, public area, or other area not occupied by the subject business.
STORMWATER -
BEST MANAGEMENT PRACTICES (BMPs). Erosion and sediment control and water quality management practices that are effective and practical means of controlling, preventing and minimizing degradation of surface water, including
avoidance of impacts, construction-phasing, minimizing length of time soil areas are exposed, prohibitions, and other management practices published by state or designated area-wide planning agencies. Individual BMPs applicable to this chapter are described in the current version of the following documents:
(1) Minnesota Storm Water Manual, 2005. Minnesota Pollution Control Agency, 520 Lafayette Road North, St. Paul, MN 55155-4194; and
(2) Minnesota Urban Small Sites BMP Manual - Stormwater Best Management Practices for Cold Climates, 2001. Metropolitan Council Environmental Services, 230 East 5th Street, St. Paul, MN 55101.
STORMWATER DETENTION POND. Natural or created pond area that provides temporary storage of excess stormwater for the purpose of attenuating the peak rate of runoff by controlling the rate of pond discharge. Ponding areas that drain completely between storm events are dry detention ponds. Ponding areas that provide temporary storage in combination with a permanent wet pool are wet detention ponds.
STORMWATER MANAGEMENT PLAN. A plan for the permanent management and control of runoff prepared and implemented in accordance with the standards set forth in § 154.010.
STORM WATER POLLUTION PREVENTION PLAN (SWPPP). A plan or document containing the requirements of § 154.010 for storm water discharge that when implemented will decrease soil erosion on a parcel of land and off-site sediment damages.
STORMWATER QUALITY POND. A created ponding area per W. W. Walker (1987) criteria that provides a permanent pool for the purpose of sediment and pollutant removal to reduce water quality impacts of urban development.
STORMWATER RETENTION POND. A natural or created ponding area that provides permanent storage of excess stormwater for the purpose of attenuating the peak volume of runoff, from which the only release of flow is by infiltration or evaporation.
STORMWATER RUNOFF. Water deposited by rain or other precipitation.
STORY. That portion of a building included between the surface of any floor and the surface of the next floor above it or, if there is no floor above it, the space between the floor and the ceiling next above it.
STORY, HALF. That portion of a building under a gable, hip or gambrel roof, the wall plates of which, on at least two opposite exterior walls, are not more than two feet above floor of such story.
STREET (TYPES) -
ALLEY. A thoroughfare through the middle of a block giving access to the rear of lots or buildings.
ARTERIAL. A street, the principal function of which is to provide for through traffic and which is designed to carry large volumes of traffic.
CUL-DE-SAC. A local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement.
CUL-DE-SAC, TEMPORARY. A temporary turn around whose purpose is to allow the safe and convenient reversal of traffic, until such time that the street is extended.
EYEBROW. A local street with a partial paved circle, usually for the purpose of providing additional frontage to lots.
FRONTAGE. A public or private street intended for the collection of traffic that would otherwise directly access minor or major collectors or arterial roadways whose function is the provide access to streets of higher classification.
HIGHWAY. Any public way designated as a highway by an appropriate local, state or federal agency.
LOCAL COLLECTOR. A roadway whose primary function is to provide access to and from major collectors and local streets.
LOCAL STREET. A roadway with traffic volumes generally less than 2,500 vehicle trips per day containing one lane of traffic in each direction whose primary function is to provide access to and from property.
MAJOR COLLECTOR. A roadway that links residential and commercial uses with a balance between mobility and access and whose function is to provide traffic circulation within the city and access to and from minor and major arterials.
MINOR ARTERIAL. An interregional road containing one or two lanes in each direction with limited access and controlled intersections at other arterials and collector streets. Minor arterials convey traffic between towns, boroughs or other urban centers. Efficient movement is the primary function of a minor arterial road.
PEDESTRIAN WAY. A public or private right-of-way across a block or within a block to provide access to be used by pedestrians and others.
PRINCIPAL ARTERIAL. A limited access interregional arterial route containing two or more lanes in each direction. They are designated exclusively for unrestricted movement, have no private access and intersect only with selected arterial highways or major streets by means of interchanges engineered for free-flowing movement.
PRIVATE STREET. A street serving as vehicular access to two or more parcels of land which is not dedicated to the public and which is owned, maintained and repaired by one or more private parties.
TRAIL. A path with a surface used for travel.
STREET (ELEMENTS) -
SIDEWALK. The portion of the street between the curb line and the adjacent property line intended for the use of pedestrians.
STREET, RIGHT-OF-WAY. An area owned and maintained by government jurisdiction, for public street use.
STREET FURNITURE. Manmade objects, other than buildings, which are part of the streetscape. Examples include, but are not limited to, benches, litter containers, planting containers, sculptures, and bus shelters.
STREET PAVEMENT. The wearing or exposed asphaltic or cementitious surface materials and underlying aggregate base materials of the roadway used by vehicular traffic.
STREET WIDTH. The shortest distance between the edges of the traveled roadway if there is no curb, or between the faces of the curb with a minimum of 24 feet, subject to the City Engineer's discretion.
STREETSCAPE. The aesthetic appearance and nature of a street in a neighborhood created by elements such as architecture, graphics, and landscaping.
STRUCTURAL ALTERATIONS. Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.
STRUCTURE. See 'Building or Structure'.
SUBDIVISION. A described tract of land which is to be or has been divided into two or more lots or parcels, any of which resultant parcels is less than ten acres in area, for the purpose of transfer of ownership or building development or, if a new street is involved, any division of a parcel or land. The term includes resubdivision and, where appropriate to the context, relates either to the process of subdividing or to the land subdivided.
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure where the cost of restoring the structure to its previous condition before becoming damaged would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT. Within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:
(1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
(2) Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as an "historic structure." For the purpose of this chapter, "historic structure" shall be as defined in 44 CFR Part 59.1.
SUBSTATIONS. Any electrical facility designed to convert electricity produced by wind turbines to a voltage greater than 35,000 KV for interconnection with high voltage transmission lines shall be located outside of the road right of way.
SURFACE WATER. All streams, lakes ponds, marshes, wetlands, reservoirs, spring, rivers, drainage systems, waterways, watercourses, and irrigation systems whether nature or artificial, public or private.
SURFACED. A road, driveway, approach or parking lot which consists of bituminous material, concrete or other similar material.
SWIMMING POOL. Any basin or tank, above ground level or below ground level, containing an artificial body of water sufficiently deep for swimming.
TERRACE. A level plane or surfaced patio, directly adjacent to the principal building on the surface of the land or on the roof of a building.
TOXIC AND HAZARDOUS WASTE. Waste materials including, but not limited to, poisons, pesticides, herbicides, acids, caustics, pathological wastes, radioactive materials, flammable or explosive materials and similar harmful chemicals and wastes which require special handling and must be disposed of in a manner which conserves the environment and protects the public health and safety.
TRAFFIC SIGHT DISTANCE. A triangular area on a corner lot of intersecting streets which limits the placement of vegetation and other material which can obstruct the view to oncoming traffic. The vertical area to be protected is from two and one-half feet above the grade of the street to seven feet above the grade of the street.
TRAILER, WEIGHTED. A trailer required by the State of Minnesota to be registered at over 3,000 pounds gross vehicle weight, that is are not a recreational trailer or towed as a tractor/semi-trailer combination.
TRANSIENT MERCHANT. A person who temporarily sets up business out of a vehicle, trailer, boxcar, tent, other portable shelter, or empty building for the purpose of exposing or displaying for sale, selling or attempting to sell, and delivering, goods, wares, products, merchandise or other personal property and who does not remain or intend to remain in any one location for more than 90 consecutive days. The location of transient merchants shall be regulated by the zoning regulations.
TRANSIT STATION. A building or structure used by persons changing transportation modes to or from transit; includes facilities where several transit routes converge, designed to accommodate several transit vehicles at once to permit transfer between transit routes. A TRANSIT STATION shall not include a transit stop.
TRANSMISSION LINE. Those electrical power lines that carry voltages of at least 69,000 volts (69 KV) and are primarily used to carry electric energy over medium to long distances rather than directly interconnecting and supplying electric energy to retail customers.
TRELLIS. A framework over which vines and plants may grow that is not a pergola. A freestanding trellis or a trellis attached to and supported by a
building extending out from the building more than five feet shall be considered a fence.
USABLE OPEN SPACE. A required area on a lot which is graded, developed, landscaped and equipped, intended and maintained for active and/or passive recreation, available and accessible to and usable by all persons. Such area and improvements include: ground areas, terraces, balconies, decks, rooftops, outdoor swimming pools, outdoor seating areas, patio area, game area, landscaped and grassy areas, gardens, sculpture gardens, recreational facilities, pedestrian paths and trails or similar outdoor fixtures or features, and water. Public parks or plazas within 300 feet of the site may be used to meet this requirement.
USE. The purpose or activity for which the land or building thereon is intended, designated or arranged or for which it is occupied, utilized or maintained.
USE, ACCESSORY. A use subordinate to the principal use on a lot and used for purposes customarily incidental to those of the principle use.
USE, CONDITIONAL. A use that may be allowed in a particular zoning district and compatible with the district's character only if controlled through additional standards and discretionary review that ensures the appropriateness of a particular use at a particular location in the district.
USE, CONFORMING. Designates a use which satisfies all applicable requirements of this chapter as amended.
USE, INTERIM. A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it.
USE, NON-CONFORMING. See 'Non-Conforming-- Use'.
USE, PERMITTED. A use which of itself conforms with the requirements, regulations and performance standards of the particular zoning district
in which it is located, in addition to other regulations of this chapter.
USE, PRINCIPAL. The main use of land or structures, as distinguished from a subordinate or accessory use.
USE, SEXUALLY ORIENTED. See 'Adult Use'.
USE CATEGORY. A class of similar uses grouped together for purposes of delineating the uses permitted in a zone.
UTILITIES, MUNICIPAL. City facilities such as electrical, sanitary sewer, water and storm sewer designed and constructed to City and State Board of Health standards owned and operated by the city for the public use.
VACATION. The act of relinquishing a recorded dedication or easement as in a street right-of-way, utility easement, etc.
VARIANCE. A modification or variation from the literal provisions of the chapter where it is determined that their strict enforcement would cause practical difficulties to a specific piece of property. A variance shall not be granted allowing a use prohibited in the district in which the structure, use and lot are located.
VBWD. Valley Branch Watershed District.
WALL, RETAINING. A wall not laterally supported at the top, which resists lateral soil load and other imposed loads.
WATER BASIN. An enclosed natural depression with definable banks capable of containing water that may be partly filled with public waters.
WATER BODY. All surface waters, water basins, watercourse, and wetlands as defined in this Code.
WATER-ORIENTED ACCESSORY STRUCTURE OR FACILITY. A small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, saunas, patios, and detached decks.
WATERCOURSE. Any natural or improved stream, river, creek, ditch, channel, culvert, drain, gully, swale, or wash in which waters flow continuously or intermittently in a definite direction.
WATERS OF THE STATE. All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof.
WATERSHED. The area drained by the natural and artificial drainage system, bounded peripherally by a bridge or stretch of high land dividing drainage areas.
WELLHEAD PROTECTION PLAN. A document that provides for the protection of a public water supply, submitted to the Minnesota Department of Health, is implemented by the public water supplier, and complies with: A) the wellhead protection elements specified in the 1986 amendments to the Federal Safe Drinking Water Act, United States Code, Title 42, Chapter 6A, Subchapter XII, Part C, Section 300h-7 (1986 and as subsequently amended); and B) Minnesota Rules parts 4720.5200 to 4720.5290.
WETLAND. An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support and that, under normal circumstances, does support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. Any wetland as defined in M.S. § 103G.005, Subd. 19.
WETLAND CONSERVATION ACT (WCA). The Minnesota Wetland Conservation Act of 1991, as amended.
WHOLESALE ESTABLISHMENT. A business establishment engaged primarily in selling to retailers for resale.
WIND ENERGY-
BLADE. The extensions from the hub of a wind energy conversion system which are designed to catch the wind and turn the motor to generate electricity.
HEIGHT, TOTAL SYSTEM. The height above grade of the small wind energy system, including the generating unit and the highest vertical extension of any blades or rotors.
ROTOR. The wind energy conversion system blades and the hub to which they are attached.
ROTOR DIAMETER. The diameter of the circle described by the moving rotor blades.
SHADOW/FLICKER. The shadows cast from wind energy conversion system which generally occurs in close proximity to the wind energy conversion system, although this will vary depending on the time of year, latitude, and turbine height. Flicker effects can occur when the sun shines through the rotor blades at certain times of day and results in the temporary blocking of the sun's rays with each pass of a rotor blade.
SMALL WIND ENERGY CONVERSION SYSTEM, HORIZONTAL AXIS. A small wind energy system that has blades which rotate through a horizontal plane.
SMALL WIND ENERGY CONVERSION SYSTEM, VERTICAL AXIS. A small wind energy system that has blades which rotate through a vertical plane.
SMALL WIND ENERGY SYSTEM, BUILDING-MOUNTED. A small wind energy system which requires support by a building, and does not connect directly to the ground. A building mounted system is not a minor projection, as defined in Section 29.402.
SMALL WIND ENERGY SYSTEM, COLLOCATED. A small wind energy system that is mounted on a tower or pole structure which serves another primary purpose, such as a parking lot light or flagpole.
VEHICLE-
VEHICLE, COMMERCIAL. Any motor vehicle, trailer, or semi-trailer designed or used to carry freight, passengers for a fee, or merchandise in the furtherance of any commercial enterprise and similar vehicles not ordinarily used for personal transportation having a gross weight of more than 10,000 pounds and/or exceeding 18 feet in length.
VEHICLE, COMMERCIAL TYPE I. A commercial vehicle less than eight feet, six inches in height as measured to the top of any attachments or 22 feet in length as measured to include any attachments to the vehicle.
VEHICLE, COMMERCIAL TYPE II. A commercial vehicle greater than dimensions of Type I and less than 15,000 gross vehicle weight rating.
VEHICLE, LARGE RECREATIONAL. A recreational vehicle over 36 feet in length or a boat or unoccupied trailer over 25 feet in length.
VEHICLE, MOTOR. Any self-propelled vehicle designed and originally manufactured to operate primarily on highways, and not operated exclusively upon railroad tracks. Generally, does not include snow mobiles, manufactured homes or trailers. May include all-terrain vehicles if displaying disability plates per M.S. § 169.345.
VEHICLE, PASSENGER. Any motor vehicle designed and used for carrying not more than 15 individuals, including the driver. Passenger vehicle does not include buses, school buses, or commuter vans.
VEHICLE, RECREATIONAL. A vehicular type portable structure without permanent foundation which can be towed, hauled, or driven and primarily designed as temporary living accommodation for recreational, camping, and travel use and including, but not limited to, travel trailers, truck campers, camping trailers, and self-propelled motor homes. Also includes trailers classified as small utility trailers by the Minnesota Department of Vehicle Services, receiving permanent registration with a gross vehicle weight of 3,000 pounds or less, and vehicles bearing a State of Minnesota recreational vehicle license plate required for self-propelled vehicles and trailers equipped as temporary human living quarters.
WAREHOUSING. A facility for the storage, packing, and crating of materials or equipment within an enclosed building or structure awaiting shipment to other premises.
WIND ENERGY CONVERSION SYSTEM (WECS). An electrical generating facility comprised of one or more wind turbines and accessory facilities, including but not limited to: power lines, transformers, substations and metrological towers, which operate by converting the kinetic energy of wind into electrical energy. The energy may be used on-site or distributed into the electrical grid.
WIND ENERGY CONVERSION SYSTEM, COMMERCIAL. A wind energy conversion system greater than 40 kW in total name plate generating capacity and designed or operated to provide energy principally to consumers located off the premises and does not meet the requirements established for a non-commercial wind energy conversion system.
WIND ENERGY CONVERSION SYSTEM, FREESTANDING. A wind energy conversion system other than roof-mounted.
WIND ENERGY CONVERSION SYSTEM, NON-COMMERCIAL. A wind energy conversion system consisting of a wind turbine and associated control or conversion electronics used primarily to reduce on-site consumption of utility power. A non-commercial wind energy conversion system shall not exceed a rated capacity of 40 kW in total name plate generating capacity.
WIND ENERGY SYSTEM (WES). An aggregation of parts including the foundation, base,
tower, generator, rotor, blades and supports in such configuration as necessary to convert the power of wind into electrical energy primarily for on-site use (e.g., wind charger, windmill or wind turbine).
WIND ENERGY SYSTEM, INTERCONNECTED. A wind energy system which produces electric power and is capable of connecting with the utility's electric system or is otherwise capable of distributing surplus electricity to the public or other properties outside the control of the wind energy system's owner, even if the system is temporarily or automatically disconnected by a switch or other mechanical device.
WIND ENERGY SYSTEM, NON-ELECTRIC. A wind energy system which converts the power of the wind into a mechanical energy, which is not electrical, and may otherwise be of a decorative, ornamental or historical nature.
WIND TURBINE. A wind turbine is any piece of electrical generating equipment that converts the kinetic energy of blowing wind into electrical energy through the use of airfoils or similar devices to capture the wind.
WIND TURBINE GENERATOR. The component of a WES that transforms mechanical energy from the wind into electrical energy.
YARD. The open space on a lot inclusive of the required setback areas.
YARD, CORNER SIDE. A yard located immediately adjacent to and extending along the corner side lot line between the front yard and the rear lot line.
YARD, FRONT. That portion of the yard extending along the full width of the front lot line.
YARD, INTERIOR SIDE. A yard located immediately adjacent to and extending along another zoning lot or an alley between the front yard and the rear lot line.
YARD, LANDSCAPED. A front, side or rear yard that is required to be landscaped, as specified in this zoning ordinance.
YARD, REAR. That portion of the yard on the same lot with the principal building located between the rear line of the principal building and the rear lot line and extending the full width of the lot. (see FIGURE 10)
YARD, REQUIRED. See 'Setback, Area'.
YARD, SIDE. That portion of the yard extending along the side lot line.
YARD SALE. The sale or offering for sale to the general public of over five items of personal property on any portion of a lot in a residential zoning district, whether within or outside any building.
ZONING. A map-based system for guiding land-use development by dividing a city into land-use zones. An associated zoning code specifies the types of acceptable land uses, setbacks, lot sizes, and other restrictions for each zoning classifications and affects what an individual may legally do to develop and use parcels therein. It is the method by which jurisdictions control the manner in which areas develop.
ZONING ADMINISTRATOR. The duly appointed person charged with enforcement of this chapter.
ZONING DISTRICT. A mapped area or areas as defined by this chapter within which the regulations and requirements governing the use of property are uniform.
ZONING ORDINANCE. See 'Ordinance'.
ZERO LOT LINE. See 'Lot Line, Zero'.
(Ord. 739, passed 8-18-2015; Am. Ord. 750, passed 3-15-2016; Am. Ord. 753, passed 7-19-2016; Am. Ord. 760, passed 12-20-2016; Am. Ord. 779, passed 2-19-2019; Am. Ord. 783, passed 4-16-2019; Am. Ord. 799, passed 7-20-2021; Am. Ord. 806, passed 7-26-2022; Am. Ord. 833, passed 8-20-2024)
(A) Enforcing Officer. The office of the Zoning Administrator is established, for which the City Council may appoint such employee or employees of the city as it may deem proper. It shall be the duty of the Zoning Administrator to enforce this chapter and shall:
1. Maintain permanent and current records of this chapter including, but not limited to, maps, amendments, variances and conditional uses;
2. Institute in the name of the city, any appropriate action or proceeding against a violator; and
3. Serve as an ex-officio non-voting member of the Planning Commission.
(B) Advisory bodies. The Planning Commission, Design and Historical Review Commission, Parks and Recreation Commission, and Board of Appeals and Adjustments, as established and empowered in Chapter 32 of this City Code, shall serve as advisory bodies to review and provide recommendations, as called forth in this section.
(C) Requirements for all zoning applications.
1. Eligible applicant. Unless otherwise specified, any person, firm, corporation, organization, or unit of government that has an interest in the subject property or application. The property owner must be an applicant or co-applicant to all zoning applications. Eligible applicants may apply for any zoning application, as outlined in this section.
2. Procedure.
a. All zoning applications subject to the requirements of M.S. § 15.99 shall be reviewed by the city according to the process required therein.
b. All zoning applications outlined in this section shall follow procedures necessary, as indicated on Table 1.
c. Pre-application meeting. Before an application is filed, the applicant is strongly encouraged to attend a pre-application meeting with the Community Development Department. The purpose of the pre-application meeting is to discuss, in general, the procedures and requirements for an application.
d. Application submittal. The applicant shall complete the appropriate zoning application and pay associated fee, as provided by the Zoning Administrator. The applicant shall pay all costs incurred by the city for legal services, engineering services, and services of other persons or entities employed by the city for, or in any way involved in, 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.
e. Completeness review. These procedures apply to any application unless a different procedure is established for the application elsewhere in this chapter.
f. No application is complete unless all of the required information is included and all application fees have been paid.
g. The Zoning Administrator may establish a schedule for filing an application that requires action by a board, commission or City Council. Completed applications shall be filed according to any posted schedule of the Zoning Administrator.
h. Public notice. The notice shall include the time, place and purpose of the hearing. The type of notice required for certain applications is established below:
i. Legal newspaper. Notice of said hearing shall be published in the official newspaper at least ten days prior to the hearing.
ii. Property owners. The City Clerk shall notify all property owners within the affected zone and within 350 feet of the outer boundaries of the property in question; however, failure of any property owner to receive such notification shall not invalidate the proceedings.
i. Additional commission review. If necessary, additional City Commission(s) shall hold a meeting to review the proposal. The Commission(s) shall make a report to the City Council recommending approval, denial or approval with conditions. See § 154.004(A).
j. Planning Commission. A public hearing shall be held by the Planning Commission who shall make its report to the City Council following the hearing recommending approval, denial or approval with conditions.
k. City Council Action. The City Council shall take action on the application referral by the Planning Commission, M.S. § 462.357.
l. Notification. Following City Council action, the applicant shall be notified of the action taken.
m. Reapplication. No application shall be resubmitted for a period of one year from the date of an order of denial unless the new application has been modified to eliminate the objections to the requested basis for denial or a change in circumstances warrants it.
3. Submittal requirements. Submittal requirements for all zoning applications are listed in Table 2.
(D) Zoning text and map amendments.
1. Purpose. Zoning text and map amendments are procedures that amend the written provisions of the ordinances contained within this chapter and the zoning district boundaries. Amendments shall not be made indiscriminately, but shall only be used as a means to reflect changes in the goals and policies of the city as reflected in the Comprehensive Plan, policies, plans or changes in conditions within the city. The amendments are defined as:
(a) Text amendment. Amendments to the text of this chapter.
(b) Map amendment. An amendment to the zoning map that changes the district classification of an area or property.
2. Standards. The city may grant a zoning text or map amendment if the proposed amendment is compliant with the following findings:
(a) The proposed amendment is consistent with the general purposes and intent of the Comprehensive Plan;
(b) The proposed amendment will not adversely affect the health, safety, or general welfare of the city;
(c) The proposed amendment is compatible with present and future land uses in the surrounding area and reasonably related to the overall needs of the city;
(d) The proposed amendment is compatible with adjacent properties;
(e) The proposed amendment can be adequately supported by public urban services including the water supply, transportation system and capacity, police and fire protection, utilities, and sanitary waste disposal and stormwater disposal systems; and
(f) If applicable, the proposed amendment is consistent with officially adopted city plans and overlays.
(E) Variances.
1. Purpose. A variance to the Zoning Code may be granted to allow a modification or variation from the literal provisions of the chapter where it is determined that their strict enforcement would cause practical difficulties to a specific piece of property.
2. Standards.
(a) The city may grant a variance if the proposed request is compliant with the following findings: The variance is in harmony and consistent with the general purposes and intent of the Comprehensive Plan and this chapter;
(b) The variance will not adversely affect the health, safety, or general welfare of the city;
(c) The variance is necessary due to special conditions applying to the structures or land in question that are particular to the property and do not apply generally to other land or structures in the district or vicinity in which the land in located;
(d) The variance requested is the minimum variance necessary to alleviate the practical difficulty;
(e) Practical difficulties are caused from the strict application of the Zoning Code as outlined below:
i. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Code;
ii. The plight of the landowner is due to circumstances unique to the property not created by the landowner; and
iii. The variance, if granted, will not alter the essential character of the locality.
iv. Economic considerations alone do not constitute practical difficulties.
v. The variance is consistent with officially adopted city plans and overlays.
3. Use variance. The Board of Appeals and Adjustment may not permit, as a variance, any use that is not allowed under the Zoning Code for property in the zone where the affected person's land is located.
4. Variances may be granted for solar energy access, earth-sheltered construction, and temporary use of a one-family dwelling as a two-family dwelling.
5. Conditions. In permitting a variance, the City Council may impose, in addition to the requirements set forth in this chapter, conditions considered necessary to protect the public health, safety, and general welfare and which are directly related to and bear a rough proportionality to the impact created by the variance.
6. Denial. A variance may be denied by the City Council, such motion and action shall constitute a finding and determination that the conditions required for approval do not exist. Procedure as outlined in M.S. § 15.99 shall be followed.
7. Modification of variance. Any change which is not specifically permitted by the issued variance shall require an amendment. A request for an amendment shall be administered in the same manner and all procedures shall apply as if a new variance were being requested.
8. Expiration.
(a) A variance approved by the city shall expire one year after it has been issued unless:
i. The City Council has set some other time limitation.
ii. It has been made use of by the applicant or property owner within the one year timeframe.
(F) Conditional use permits.
1. Purpose. A conditional use permit may be issued for a use that may be allowed in a particular zoning district and compatible with the district's character only if controlled through additional standards and discretionary review that ensures the appropriateness of a particular use at a particular location in the district. Certain uses may have beneficial effects and serve important public interests. These uses are subject to the conditional use regulations because they may, but do not necessarily, have significant adverse effects on the environment, overburden public urban services, change the desired character of an area, or create major nuisances. A review of these uses is necessary due to the potential individual or cumulative impacts they may have on the surrounding area or neighborhood. The conditional use review provides an opportunity to allow the use when there are minimal impacts, but impose mitigation measures to address identified concerns, or to deny the use if the concerns cannot be resolved.
2. Standards. The City Council may grant a conditional use permit after considering the recommendation of the Planning Commission and if the use at the proposed location is compliant with the following findings:
i. The use is consistent with the general purposes and intent of the Comprehensive Plan;
ii. The use will not adversely affect the health, safety, or general welfare of the city;
iii. The use is compatible with present and future land uses in the surrounding area and reasonably related to the overall needs of the city;
iv. The use or appearance of the use is compatible with adjacent properties;
v. The use can be adequately supported by public urban services including the water supply, transportation system and capacity, police and fire protection, utilities, and sanitary waste disposal and stormwater disposal systems;
vi. The use will not create an excessive burden on existing parks, schools, and other public facilities which serve or are proposed to serve the area;
vii. The use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned land;
viii. The use is in harmony with the general purposes and intent of this chapter and the zoning district in which the applicant intends to locate the proposed use;
ix. The use will not create an intrusion of excessive noise, glare, or general unsightliness; and
x. If applicable, the proposed use is consistent with officially adopted city plans and overlays.
3. Conditions. In permitting a new conditional use, the City Council may impose, in addition to the requirements set forth in the chapter, conditions considered necessary or appropriate to protect the public health, safety and general welfare of the city.
4. Modification of conditional use permit. Any change which involves structural alteration, enlargement, or intensification of the use or any similar change not specifically permitted by the issued permit shall require an amendment to the conditional use permit. A request for an amendment shall be administered in the same manner and all procedures shall apply as if a new permit were being requested.
5. Review. The Zoning Administrator shall maintain a record for all conditional use permits issued, including information on the use, location, conditions imposed, if any, by the city, time limits, review dates and such other information as may be appropriate. The Zoning Administrator shall review each conditional use permit to determine if the development is in conformance compliance with the terms of such permit and any conditions designated on an annual basis.
6. Duration. A conditional use permit shall remain in effect as long as the conditions agreed upon are observed, but nothing in this section prohibits the city from enacting or amending official controls to change the status of conditional uses.
7. Automatic conditional use status. Over time, the zoning regulations applicable to a specific site may change. This may be a result of changes to the content of the zoning regulations for a specific zone or from a change to the zoning map, including annexation and rezonings. After one of these changes, if an existing use was allowed by right or was a nonconforming use, and is now listed as a conditional use, the use is considered an approved conditional use and may continue to operate. Any changes to the use are subject to the conditional use permit process and the appropriate approval criteria.
8. Violation. In the event the applicant violates any of the conditions set forth in the permit, the Council shall have the authority to revoke said permit.
(G) Interim use permit.
1. Purpose. The purpose and intent of allowing interim uses is:
i. To allow a use for a limited period of time that reasonably utilizes the property in the manner not permitted in the applicable zoning district;
ii. To allow a use that is presently acceptable, but not permitted within the zoning district and, with anticipated development, may not be acceptable in the future.
iii. To allow for a use that is not otherwise identified as a permitted, accessory, or conditional use, but may be appropriate in a particular district, is closely related to another permitted or conditional use, and/or the Zoning Administrator determines the use to be appropriate.
2. Standards. The City Council may grant an interim use permit if the use at the proposed location is compliant with the following:
i. The use is consistent with the general purposes and intent of the Comprehensive Plan;
ii. The use will not adversely affect the health, safety, or general welfare of the city;
iii. The use is compatible with present and future land uses in the surrounding area and reasonably related to the overall needs of the city;
iv. The use or appearance of the use is compatible with adjacent properties;
v. The use can be adequately supported by public urban services including the water supply, transportation system and capacity, police and fire protection, utilities, and sanitary waste disposal and stormwater disposal systems;
vi. The use will not create an excessive burden on existing parks, schools, and other public facilities which serve or are proposed to serve the area;
vii. The use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned land;
viii. The use is in harmony with the general purposes and intent of this chapter and the zoning district in which the applicant intends to locate the proposed use;
ix. The use will not create an intrusion of excessive noise, glare, or general unsightliness;
x. Will not impose, by agreement, additional costs on the public;
xi. Will terminate upon a tangible date or event specified in the resolution approving said interim use permit; and
xii. If applicable, the proposed use is consistent with officially adopted city plans and overlays.
3. Conditions. In permitting an interim use permit, the City Council may impose, in addition to the requirements set forth in the chapter, conditions considered necessary or appropriate to protect the public health, safety, morals and general welfare of the city and are deemed appropriate for permission of the use, including a condition that the owner will provide an appropriate financial surety to cover the cost of removing the interim use and interim structures upon the expiration of the interim use permit.
4. Modification of an interim use permit. Any change which involves structural alteration, enlargement, or intensification of use or any similar change not specifically permitted by the issued permit shall require an amendment to the interim use permit. A request for an amendment shall be administered in the same manner and all procedures shall apply as if a new permit were being requested.
5. Expiration. An interim use permit shall expire consistent with conditions in statute.
(H) Site Plan Review.
1. Purpose. A procedure required for any expansion of 1,000 square feet or more or any new commercial, industrial, institutional, and multi-family development projects and to provide regulations pertaining to the enforcement of site design standards. The site plan review process is intended to, allow applicants to work in cooperation with the Commissions and City Council to arrive at a design which protects the integrity of each unique zoning district and is harmonious with the desired character of the city while maintaining and improving the city's tax base, preserving and enhancing the built environment, promoting the orderly and safe flow of traffic, ensuring compatibility with adjacent developments, proper orderly development, and compliance with this chapter.
2. Standards. The city may grant a site plan approval if the proposal is compliant with the following:
(a) The proposal is consistent with the general purposes and intent of the Comprehensive Plan;
(b) The proposal will not adversely affect the health, safety, or general welfare of the city;
(c) The proposal is compatible with present and future land uses in the surrounding area and reasonably related to the overall needs of the city;
(d) The proposal or appearance of the proposal is compatible with adjacent properties;
(e) The proposal can be adequately supported by public urban services including the water supply, transportation system and capacity, police and fire protection, utilities, and sanitary waste disposal and stormwater disposal systems;
(f) The proposal will not create an excessive burden on existing parks, schools, and other public facilities which serve or are proposed to serve the area;
(g) The proposal will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned land;
(h) The proposal is in harmony with the general purposes and intent of this chapter and the zoning district in which the applicant intends to locate the proposal; and
(i) If applicable, the proposal is consistent with officially adopted city plans and overlays.
3. Minor modifications. In the case of minor modifications of the site plan, the Zoning Administrator may give approval if the decision does not modify the overall theme of the development, affect public safety, or result in the reduction of any minimum standard as provided in the Zoning Code. Nothing contained herein shall be construed to allow the Zoning Administrator to vary the provisions of any statute, ordinance, city policy, or previous directives of the City Council. The Zoning Administrator shall have the discretion to refer any minor modification requests to the Planning Commission and City Council for their review and approval. Minor modifications may include, but are not limited to, the following:
(a) Lighting location and fixture type;
(b) Location, height, and style of fences and walls;
(c) Location of trash enclosures;
(d) Location and size of building signs and monument signs;
(e) Location and construction of on-site sidewalks, except on city right-of-way;
(f) Location, type, and size of plantings, provided the modification would have the same effective cover and screening;
(g) Location and construction of accessory buildings of less than 1,000 square feet;
(h) Minor relocation or addition of driveways or parking spaces.
4. Site plan amendment. Any modification deemed not to be minor shall be required to complete a site plan amendment. A site plan amendment is subject to all conditions and approvals required for a new site plan review.
5. Expiration. Unless otherwise specified, the approved site plan shall become null and void within one year of the date of approval unless the property owner or applicant received a building permit and commenced construction of improvements on-site. Extension requests shall be submitted in writing at least 30 days prior to expiration of the site plan and shall state facts showing a good faith effort to complete work permitted under the original approval.
6. Financial guarantee. The city may require a performance bond or escrow in an amount equal to 100% of the estimated cost to complete the public or private site and landscape plan improvements, exclusive of structures, to be filed with the city.
(I) Design review.
1. Purpose. The design review process is intended to ensure the implementation and vision of the Comprehensive Plan, Architectural Control and Building Materials section of this chapter and the Downtown Design Manual for properties located in the MU-1 Downtown Mixed Use District. Design review is intended to assist in offering solutions which are flexible, allowing applicants to work in cooperation with the Design and Historical Review Commission to arrive at a design which protects the integrity of the MU-1 Downtown Mixed Use District and is harmonious with the desired character of the Downtown. A design review approval shall be required as a condition to issuance of a building permit for new building construction, projects in which the building design or materials of more than 25% of any single exterior building wall or roof surface is altered, projects which alter the height of an existing building by more than two feet up or down, or projects which alter the lot coverage of an existing building by more than 10%.
2. Standards. The city may grant a design review approval if the proposal is compliant with the following:
(a) The proposal is consistent with the general purposes and intent of the Comprehensive Plan;
(b) The proposal will not adversely affect the health, safety, or general welfare of the city;
(c) The proposal or appearance of the proposal is compatible with adjacent properties;
(d) The proposal is in harmony with the general purposes and intent of this chapter and the zoning district in which the applicant intends to locate the proposal; and
(e) If applicable, the proposal is consistent with officially adopted city plans and overlays.
3. Minor modifications. In the case of minor modifications of the design review, the Zoning Administrator may give approval if the decision does not modify the overall theme of the development, affect public safety, or result in the reduction of any minimum standard as provided in the Zoning Code. Nothing contained herein shall be construed to allow the Zoning Administrator to vary the provisions of any statute, ordinance, city policy, or previous directives of the City Council. The Zoning Administrator shall have the discretion to refer any minor modification requests to the Design Review Commission and City Council for their review and approval. Minor modifications may include, but are not limited to, the following:
(a) Minor exterior alterations to existing building, but which do not require separate zoning permits.
(b) Maintenance of existing buildings requiring a building permit and replacement of materials consistent with the Downtown Design Manual.
4. Design review amendment. Any modification deemed not to be minor shall be required to complete a design review amendment. A design review amendment is subject to all conditions and approvals required for a new design review.
5. Expiration. Unless otherwise specified, the approved design review shall become null and void within one year of the date of approval unless the property owner or applicant received a building permit and commenced construction of improvements on-site. Extension requests shall be submitted in writing at least 30 days prior to expiration of the site plan and shall state facts showing a good faith effort to complete work permitted under the original approval.
6. Financial guarantee. The city may require a performance bond or escrow in an amount equal to 100% of the estimated cost to complete the site and landscape plan improvements, exclusive of structures, to be filed with the city.
(Ord. 739, passed 8-18-2015)
The zoning districts are designed to assist in carrying out the intent and purpose of the Comprehensive Plan which is to protect the public health, safety, convenience, and general welfare.
(A) Zoning districts. For the purpose of this chapter, the city is divided into the following districts:
Zoning District Table | ||
District Abbreviation | District Name | Primary District Purpose |
Zoning District Table | ||
District Abbreviation | District Name | Primary District Purpose |
Residential Districts | ||
R-1 | Single Family Residential | Low Density Residential |
R-2 | Mixed Residential | Medium Density Residential |
R-3 | Multiple Family Residential | High Density Residential |
Mixed-Use Districts | ||
MU-1 | Downtown Mixed-Use | Small-scale mixed-use |
MU-2 | Transitional Mixed-Use | Medium-scale mixed-use |
MU-3 | Corridor Mixed-Use | Higher intensity mixed-use and smaller-scale industrial |
Overlay Districts | ||
D-1 | Downtown District Overlay | Dense residential on edges, compressed downtown core |
S-1 | Shoreland Overlay | Protect the quality of surface waters |
Special Districts | ||
LID | Low-Impact Development | Conservations, open space, sustainability |
PUD | Planned Unit Development | Integrated, coordinated development |
Floodplain Districts | ||
F-1 | Floodway District | Provides additional floodplain regulations |
F-2 | Flood Fringe District | Provides additional floodplain regulations |
F-3 | General Floodplain District | Provides additional floodplain regulations |
F-4 | Flood Storage District | Provides additional floodplain regulations |
(B) Zoning map. The location and boundaries of the districts within the city are set forth on the official zoning map, titled "North St. Paul Official Zoning Map." The map and all notations, references and data shown are incorporated by reference into this chapter It shall be the responsibility of the Zoning Administrator to maintain said map, and amendments shall be recorded on said map within 30 days after official publication of amendments. The Official Zoning Map shall be kept on file in the City Hall.
(C) District boundaries.
1. District boundary lines as indicated on the zoning map follow lot lines, the center line of streets or alleys, the center lines of streets or alleys projected and the center of water courses or the corporate limit lines. If district boundary lines do not follow any of the above described lines, the district boundary lines are established as drawn on the zoning map. Where a district boundary line divides a lot of record in two or more districts, any portion of such lot within 50 feet on either side of such a dividing district boundary line may be used for any use of either use district; provided however, if any portion such lot shall extend beyond the 50 foot limitation, the district line as shown shall prevail.
2. Appeals from the Zoning Administrator's determination and questions concerning the exact district boundary lines shall be heard by the Planning Commission and a recommendation made to the City Council.
3. Whenever any street, alley or other public way is vacated by official action of the city, the zoning district abutting the center line of said alley or public way shall not be affected by such proceeding.
(Ord. 739, passed 8-18-2015)
(A) Purpose. Residential districts are established to create vibrant neighborhoods that provide for a range of housing types, promote quality housing design and rehabilitation, and a superior living environment. These districts are also intended to:
1. Ensure that new buildings and additions to existing buildings are designed with sensitivity to their context in terms of building placement, architectural materials, height, proportions, garage and driveway placement, landscaping, and similar design features.
2. Maintain and improve the viability of existing housing of all types, promote reinvestment in existing neighborhoods, and protect property values.
3. Maintain or increase compatibility between residential and other allowed uses, and between different housing types, where permitted, by maintaining consistent building orientation, parking placement and screening.
4. Facilitate preservation, development or redevelopment consistent with the adopted goals, objectives, policies and recommendations of the Comprehensive Plan and of adopted neighborhood, corridor or special area plans.
5. Foster community through attractive streets and public spaces that create opportunities for encounters and gatherings.
(B) Submittal of plans. In order to review proposals for compliance to this chapter, the following plans must be submitted to the city site plan, landscape plan, building plan, and for certain uses, a site analysis plan.
1. Permitted, conditional and interim uses. See Table 3 for a list of allowed uses within the residential districts. Other uses may be allowed by the Community Development Department if they are determined to be of similar scale and impact.
2. Accessory uses and structures. See Table 3 for a list of allowed accessory uses and structures within the residential districts.
4. Design requirements. See Table 5 for a list of design requirements within the residential districts.
(D) Single Family Residential District (R-1).
1. Purpose. This district is established to allow, preserve and protect areas of lower-density residential and development consistent with the Comprehensive Plan.
(E) Mixed Residential District (R-2).
1. Purpose. This district is established to maintain or increase compatibility of the essential characteristics of varying residential housing types and development consistent with the Comprehensive Plan.
(F) Multiple Family Residential District (R-3).
1. Purpose. This district is established to stabilize, protect, and encourage the essential characteristics of higher density residential and development consistent with the Comprehensive Plan.
(Ord. 739, passed 8-18-2015; Am. Ord. 748, passed 1-19-2016)
(A) Purpose. Mixed-use districts are established to create a vibrant urban environment that brings compatible land uses, public amenities and utilities together at various scales. These districts provide a range of district types, from the Downtown Core District to the Corridor Highway District, while fostering high-quality building and site design, enhanced pedestrian, bicycle, transit and automobile circulation and a sense of community. These districts are also intended to:
1. Encourage a diversification of uses, including residential, commercial, and civic uses, in order to enhance the vitality and appeal of these areas.
2. Facilitate preservation, development or redevelopment consistent with the adopted goals, objectives, policies and recommendations of the Comprehensive Plan and of adopted neighborhood, corridor or special area plans.
3. Encourage the development of mixed-use buildings including vertical and horizontal configurations while maintaining and improving the quality of the natural landscape.
4. Encourage appropriate transitions between lower and higher density uses within the district.
5. Encourage a pedestrian-friendly environment, bicycle and transit use as a means of accessing and moving through the district and surrounding areas.
(B) Submittal of plans. In order to review proposals for compliance to this chapter, the following plans must be submitted to the city: site plan, landscape plan, building plan and, for certain uses, a site analysis plan.
(C) Use, lot and design requirements.
1. Permitted, conditional and interim uses. See Table 3
for a complete list of allowed uses within the mixed-use districts. Other uses may be allowed by the Community Development Department if they are determined to be of similar scale and impact.
2. Accessory uses and structures. See Table 3
for a complete list of allowed accessory uses and structures within the mixed-use districts.
3. Lot requirements. See Table 7 for a complete list of lot requirements within the mixed-use districts. Before any building permit is approved, the Zoning Administrator shall determine whether the proposed use will conform to the requirements. The applicant or owner shall supply data necessary to demonstrate such conformance.
(D) Downtown Mixed-Use District (MU-1).
1. Purpose. This district is established to sustain and enhance the viability of the Downtown in terms of preserving its small-town and pedestrian-friendly atmosphere while encouraging development and redevelopment consistent with the Comprehensive Plan to create a destination. The district is also intended to:
(a) Preserve and enhance the historical character of the Downtown where appropriate with historic renovations and adaptive reuse of structures.
(b) Encourage creating a sense of place within the Downtown through aesthetics including architectural diversity, façade designs, parking configurations, pedestrian-scale amenities, streetscape enhancements, landscaping and the public realm.
(c) Encourage vertical mixed-use development in which the lower floors generally have more public uses, with private uses on the upper levels.
2. Downtown Design Manual. Buildings within the MU-1 District shall give due regard to the standards within the Downtown Design Manual.
(E) Transitional Mixed-Use District (MU-2).
1. Purpose. This district is established to sustain and enhance the viability of commercial nodes that serve the needs of residents in adjacent neighborhoods while encouraging development and redevelopment consistent with the Comprehensive Plan. The district is also intended to:
(a) Encourage appropriate transitions to surrounding land uses through aesthetics including architectural pedestrian-scale design, parking configuration, streetscape enhancements, landscaping and screening.
(F) Corridor Mixed-use District (MU-3).
1. Purpose. This district is established to encourage the development or redevelopment of mixed-use centers that combine new or existing retail development with a variety of housing, offices, studios, live-work space, civic building, employment activities, research, limited industrial and other complementary uses which combine to create a lively environment consistent with the Comprehensive Plan. The district is also intended to:
(a) Encourage the integration of complementary and related uses in an aesthetically attractive and functional environment.
(b) Encourage building and site design that advances the city's sustainability goals.
(c) Promote desirable economic development activities.
(Ord. 739, passed 8-18-2015; Am. Ord. 748, passed 1-19-2016; Am. Ord. 753, passed 7-19- 2016)
(A) General provisions for overlay districts.
1. General statement of purpose. The requirements of the overlay districts shall apply to all zoning lots located in such districts in addition to all requirements in this code that apply to the primary zoning district classification of those zoning lots. In the event of a conflict between the provisions of any overlay district and the underlying primary zoning district, the provisions of the overlay district shall apply, except where otherwise specified.
(B) Downtown Overlay District (D-1).
1. Purpose. This district is established to:
(a) Preserve cultural aspects of the Historic Commercial District.
(b) Encourage the physical development of the city as intended by the city's Comprehensive Plan and Downtown Design Manual/Plans.
(c) Encourage the harmonious development and appearance of structures and property within the district.
(d) Maintain and improve property values of the district and throughout the city.
2. Lot requirements. In addition to the lot requirement standards, the following shall also apply:
(a) Front & side yard setback.
i. Infill buildings must meet a build to line which shall be built flush to the sidewalk and flush to adjacent buildings.
ii. No side setbacks are allowed unless next to a public pedestrian way or residential district where setback is required.
(b) Rear yard height transition to residential districts. When rear yards in this district directly abut any residential district the following rear setbacks are required:
i. Where no alley is present a setback of 15 feet is required.
ii. Where there is an alley present a setback of ten feet from the alley is required.
(c) Building height.
i. Maximum building height is four stories or 50 feet, whichever is less.
ii. Minimum length of building may not be less than 22 feet along the front façade.
iii. No building may be greater than 24 feet higher than an adjacent building.
(a) Buildings on 7th Avenue shall have primary entrance onto 7th Avenue with design elements as indicated in the adopted Downtown Design Manual indicating entrance location.
(b) For businesses which occupy the "back" half of a building on 7th Avenue, the primary entrance may be on the rear access to the building.
(c) For businesses on corner lots, they are encouraged to provide dual access points as indicated in the adopted Downtown Design Manual.
(d) Public rear entrances are allowed which meet the requirements of the adopted Downtown Design Manual.
4. Use. The allowed uses within the Downtown (D-1) overlay district are the same as the uses listed within the Downtown Mixed-Use (MU-1) zoning district in Table 3 except that townhouses are not allowed within the D-1 district.
(C) Planned Unit Development District (PUD).
1. Purpose. Planned Unit Developments (or PUDs) are allowed to encourage innovation in project design that cannot be achieved through traditional zoning. More specifically, this district is established to:
(a) Provide for development as an integrated, coordinated unit as opposed to parcel-by-parcel, approach to development.
(b) Introduce flexibility of site design and architecture for the conservation of land and open space through clustering of buildings and activities.
(c) Enable development that is characterized by central management, integrated planning and architecture, joint or common use of parking, maintenance of open space and other similar facilities, and a harmonious selection and efficient distribution of uses.
(d) Provide flexibility from ordinance requirements and joint planning between the city and developer to protect other features such as existing development, planned streets, vegetation, slopes, wetlands, lakes or streams.
(e) Promote more efficient uses of the land while preserving existing landscape amenities and allowing harmonious development consistent with the Comprehensive Plan and preserving the health, safety and general welfare of the community.
2. Objectives. The PUD is intended to encourage the efficient use of land and resources, to promote greater efficiency in public utility services and encourage innovation in the planning and building of all types of development. Public benefits to be derived as a result of the PUD include, but are not limited to:
(a) Harmonious mix of land uses, building types, open spaces, and circulation elements.
(b) Concentration of open space into more usable areas.
(c) Preserve natural resources of the site including wetlands, woodlands, steep slopes and scenic areas.
(d) Facilitate the economical provision of streets and public utilities.
(e) Preserve and enhance historic and natural resources.
(f) Allow more than one principal building on a lot.
(g) Provision of a mixture of residential unit types and densities in an integrated and well-planned area creating a variety of housing types, consistent with the city's housing goals.
(h) Promote energy conservation through the use of more efficient building designs, sites and clustering of land uses and buildings.
3. General requirements and standards.
(a) Eligibility. A site is eligible for PUD designation only if it meets at least one of the following:
i. Has two or more principal uses or structures on a single parcel of land; this may include a mixture of townhouses, apartment projects involving more than one building, detached residential structures, or non-residential buildings.
ii. Multi-use structures such as commercial uses in industrial-type developments, mixed residential and commercial developments, and more than one principal use in a single building.
(b) Ownership. An application for PUD approval must be filed by the landowner or jointly by all landowners of the property included in a project. The application and all submissions must be directed to the development of the property as a unified whole. In the case of multiple ownership, the approval of the final plat shall be binding on all owners. In absence of an ownership application, the project developer may submit with the development application the written consent of all property owners within the proposed PUD. The financial commitments incurred through any portion of the development shall be the responsibility of the owner.
(c) Consistency with Comprehensive Plan. The proposed PUD shall be consistent with the Comprehensive Plan.
(d) Permitted uses. All permitted, conditional, and interim uses contained in the underlying zoning district shall be treated as permitted, conditional, and interim uses in the PUD Overlay District.
(e) Density. Increased density shall be permitted to encourage the preservation of natural topography and geological features. The city may, but shall not be required to, provide concessions in setbacks, density, or lot size to protect waterways or water bodies, steep slopes or other areas which would normally not be developable. The city will consider allowing an increase in the allowable density upon proof by the applicant that some of the following are being provided as part of the proposed development:
i. Increased preservation of natural site features, topography, geological features, wetlands, lowlands, wooded areas, and the like, beyond what is required by the Minnesota Department of Natural Resources, by the city and/or Ramsey County ordinances.
ii. Creation of conservation easements due to steep slopes, wooded areas and/or environmentally sensitive areas, as identified in the Comprehensive Plan.
iii. Creation of park/public areas for active and passive park uses beyond required standards or other public purposes such as schools, public buildings, greenways, and the like which meet the intent of the Park and Recreation goals of the Comprehensive Plan and are consistent with the public dedication requirements for the proposed development.
iv. Installation of public improvements designed to serve areas beyond the project boundary.
v. Housing projects which provide affordable housing options, consistent with the Comprehensive Plan.
(f) Development density. The minimum lot size requirements of other sections of this chapter do not apply to a PUD except that the minimum lot size requirements of the underlying zone shall serve as a guideline to determine the maximum dwelling unit density of a total development. The maximum dwelling unit density shall be determined by the area remaining after appropriate space for street right-of-ways and any other public dedications have been determined and subtracted from the total PUD area. If the property involved in the PUD includes land in more than one zoning district, the number of dwelling units or the square footage of commercial, residential or industrial uses in the PUD shall be proportional to the amount that would be allowed separately on the parcels located in each of the underlying zoning districts or as guided by the Comprehensive Plan. In the Shoreland Overlay District total development density shall be that of the underlying zone.
(g) Flexibility from ordinance requirements. The city may, but shall not be required to, provide concessions in setbacks, density, lot size, building height, street width or parking to achieve the purpose and objectives of the PUD in (C)(1) and (2) herein.
(h) Relationship of PUD site to adjacent areas. The design of a PUD shall take into account the relationship of the site to the surrounding areas. The perimeter of the PUD shall be so designed as to minimize undesirable impact of the PUD on adjacent properties and, conversely, to minimize undesirable impact of adjacent land use and development characteristics on the PUD.
(i) Utility requirements. Utilities, including telephone and electrical systems, installed within a PUD shall be placed underground. Utility appurtenances which can be effectively screened may be exempt from this requirement if the city finds that such exemption will be consistent with the objective of this section and the character of the proposed PUD.
(j) Parking. Off-street parking and loading space shall be provided in each PUD in the same ratios for types of buildings and uses as required in the underlying zoning district unless the developer can demonstrate, to the city's satisfaction, that a lesser standard should be permitted on the grounds of one or more of the following:
i. The complementarity of peak parking demands by the uses within the PUD. The city may require execution of a restrictive covenant limiting future use of the property to those uses which will continue this parking complementarity, or which are otherwise approved by the city.
ii. Shared parking provided through a non-exclusive agreement with the owners of property located within 600 feet of the use if the parking demands of the uses do not coincide.
iii. Proximity to mass transit. A 10% reduction may be awarded if building entrances are located within 300 feet of a transit stop. An additional reduction may be granted if an adequate sheltered transit stop within the development is provided.
vi. Car ownership characteristics of the anticipated or targeted residential population.
(k) Street width. Requirements outlined in the subdivision ordinance for street widths may be relaxed depending on the number of off-street parking locations and the anticipated density in the planned unit development. The Planning Commission, City Engineer and city's Emergency Services (Fire, Ambulance and Police) shall review each planned unit development to determine street width requirements.
(l) Landscaping. In any PUD, the developer shall prepare and submit a landscaping plan as a part of the Final Plan, which shall include a detailed planting list with sizes and species indicated to be approved by the City Council. In assessing the landscaping plan, the City Council shall consider the natural features of the particular site, the architectural characteristics of the proposed structures and the overall scheme of the PUD plan.
(m) Public services. The proposed project shall be served by the city water and sewer system and fire hydrants shall be installed at such locations as required by the City Engineer or the Fire Chief to provide fire protection.
(n) Building height. Height limitations shall be the same as imposed in the respective zoning districts, unless flexibility is granted for building height per § 154.008
(C)(3)(g).
(o) Development agreement. Prior to the issuance of a building permit as part of the PUD, the permit applicant, builder, or developer shall execute and deliver to the City Council a development agreement for the PUD.
(p) Open space. Common open space shall be either held in common ownership by all owners in the PUD or dedicated for public use with approval of the City Council. Whenever possible, common open space shall be linked to the open space areas of adjoining developments. Common open space shall be of such size, shape, character, and locations as to be useable for its proposed purpose.
4. Operating and maintenance requirements for PUD common open space and service facilities.
(a) Whenever common open space or service facilities are provided within the PUD, the PUD plan shall contain provisions to assure the continued operation and maintenance of such open space and service facilities to a predetermined reasonable standard.
(b) Common open space and service facilities within a PUD shall be placed under the ownership of one or more of the following or may include a method deemed most appropriate by the City Council.
i. Landlord control, where only use by tenants is anticipated.
ii. Property owners association, provided all of the following conditions are met:
A. Prior to the use, occupancy, sale or the execution of contracts for sale of an individual building unit, parcel, tract, townhouse, apartment, or common area, a declaration of covenants, conditions and restrictions or an equivalent document as specified in M.S. § 515.00, as may be amended from time to time, shall be filed with the Zoning Administrator prior to the filings of the declaration of documents or floor plans with the Ramsey County's Recorder's Office.
B. The declaration of covenants, conditions and restrictions or equivalent document shall specify that deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, townhouses or apartments shall subject the properties to the terms of the declaration.
C. The declaration of covenants, conditions and restrictions shall provide that an owner's association or corporation may be formed, and if such an association or corporation is formed property owners must be members of the association or corporation which shall maintain all properties and common areas in good repair and which shall assess individual property owners proportionate shares of joint or common costs. This declaration shall be subject to the review and approval of the City Attorney. The intent of this requirement is to protect the property values of the individual owner through establishing effective private control.
D. The declaration shall additionally, amongst other things, provide that in the event the association or corporation fails to maintain properties in accordance with the applicable rules and regulations of the city, or fails to pay taxes or assessments on properties as they become due, and in the event the city incurs any expenses not immediately reimbursed by the association or corporation, then the city shall have the right to assess each property its pro rata share of the expenses. Such assessments, together with interest thereon and costs of collection, shall be a lien on each property against which such assessment is made.
E. Membership in the association must be mandatory for each owner and any successive buyer and the association must be responsible for liability insurance, taxes, and the maintenance of the open space facilities to be deeded to it. This requirement may be waived by the City Council for existing units which are being incorporated into a PUD.
F. The open space restrictions must be permanent and not for a given period of years.
G. Property owners must pay their pro rata share of the cost of the association by means of an assessment to be levied by the association which meets the requirements for becoming a lien on the property in accordance with state law and the association must be able to adjust the assessment to meet changing needs.
H. The by-laws and rules of the association and all covenants and restrictions to be recorded must be approved by the City Council prior to the approval of the final PUD plan. If a final PUD plan is filed in one phase, with staged final plats, the bylaws, rules of the association and all covenants and restrictions may be filed with the final plat.
I. Staging of common open space. The construction and provision of all of the common open space and public improvements and recreational facilities that are shown on the final development plan for a PUD must proceed at the same rate as the construction of dwelling units or other private facilities.
5. PUD processes.
(a) Pre-application meeting. Applicants of a proposed PUD are encouraged to arrange for and attend an informational meeting with city staff. At such conference, the applicant shall be prepared to generally describe their proposal for a PUD. The primary purpose of the meeting shall be to provide the applicant with an opportunity to gather information and obtain guidance as to the general suitability of the conformity to the provisions of this Code before incurring substantial expense in the preparation of detailed plans, surveys, and other data.
(b) Concept PUD plan. Applicants may, at their option, prepare development sketch plans for review by the city. As far as may be practicable on the basis of a sketch plan, the city will informally advise the owner as promptly as possible of the extent to which the proposed plan conforms to the design standards of this section and discuss possible plan modifications necessary to secure conformance. The sketch may be reviewed, where applicable, by the Planning Commission and the Council. Such sketch plans submitted shall be for informal discussion between the developer and the city. Submission of sketch plan shall not constitute formal filing of an application.
(c) Recommended neighborhood meeting. The applicant is strongly encouraged to hold a neighborhood meeting. Property owners within 350 feet of the PUD, or a larger area as determined by the city, should be given notice of the meeting. The purpose of the meeting is to inform the neighborhood of the proposal, discuss the concepts and basis for the plan being developed, and to obtain information and suggestions from the neighborhood.
(d) Preliminary PUD plan.
i. The developer/owner shall submit an application for subdivision or preliminary PUD plan at least 30 days prior to the Planning Commission meeting.
ii. The Zoning Administrator shall review the preliminary application and distribute to appropriate staff and consultants for review. The Zoning Administrator shall post notice of a public hearing and forward all comments, along with the application, to the Planning Commission.
iii. The Planning Commission shall conduct a public hearing, following published notice and mailed notice to property owners within 350 feet of the proposed PUD. Notice shall occur not less than ten or more than 30 days prior to the hearing. Failure of a property owner to receive notice shall not invalidate the process. The Planning Commission shall review the preliminary PUD plan and submit a written report and recommendation to the City Council. Such report shall contain the findings and recommendations of the Planning Commission with respect to the compliance of the preliminary PUD plan with the provisions of this Code and all other applicable federal, state, and local codes and ordinances, and the Comprehensive Plan or other relevant plans.
iv. Within 60 days of the receipt of a complete application, the City Council may take action to grant approval, grant conditional approval, or deny approval of the plan. The city may extend the review period by up to 60 days if it provides the applicant written notice of and reasons for the extension before the end of the initial 60 days.
v. Upon City Council approval, the City Attorney shall draft a PUD development agreement which stipulates the specific terms and conditions established and approved by the City Council and accepted by the applicant. This agreement shall be signed by the Mayor, City Manager, and the applicant.
vi. Where the preliminary PUD plan is denied approval, City Council action shall be by resolution setting forth the reasons for its actions. A certified copy of the document evidencing said City Council action shall be delivered to the applicant. The applicant will have 60 days to submit a revised preliminary PUD plan to the Planning Commission. After the 60 day period, a revised general concept plan must be submitted to the Planning Commission unless otherwise arranged with the Zoning Administrator.
vii. If subsequent submittals of the preliminary PUD plan are denied approval two times within one year of the original submission date, the applicant will be required to submit a revised general concept plan.
viii. Limitation on preliminary PUD Plan approval. Unless a final plan covering the area designated in the first stage of the preliminary PUD plan has been filed within six months from the date the City Council grants preliminary PUD plan approval, or in any case where the applicant fails to file final plans and to proceed with development in accordance with the provisions of this section and/or an approved preliminary PUD plan, the approval shall expire. The City Council may, at its discretion, extend for not more than one additional period of six months the filing deadline for any final plan when, for good cause, such extension is necessary. In any case where the preliminary PUD plan approval expires, the City Council shall forthwith adopt a resolution repealing the general concept plan approval and the preliminary PUD plan approval for that portion of the PUD that has not received final plan approval, and re-establish the zoning and other ordinance provisions that would otherwise be applicable.
ix. Review and evaluation criteria. The evaluation of the proposed preliminary PUD plan shall include, but not be limited to, the following criteria:
A. Adequate property control is provided to protect the individual owner's rights and property values and the public responsibility for maintenance and upkeep.
B. The interior circulation plan plus access from and onto public rights-of-way does not create congestion or dangers and is adequate for the safety of the project resident and the general public.
C. A sufficient amount of usable open space is provided.
D. The arrangement of buildings, structures, and accessory uses does not unreasonably disturb the privacy or property values of the surrounding residential uses.
E. The architectural design of the project is visually compatible with the surrounding area. Architectural style or type of buildings shall not solely be a basis for denial or approval of the preliminary PUD plan. However, the overall appearance and compatibility of individual buildings to other site elements of surrounding development will be given primary consideration in the review stages of the Planning Commission and City Council.
F. The drainage and utility system plans are submitted to the City Engineer and shall be subject to approval of the City Engineer.
G. The development schedule insures a logical development of the site which will protect the public interest and conserve land.
H. Proposed unit and accessory use requirements are in compliance with the district provisions in which the development is planned.
I. Whether the proposed PUD is consistent with the purpose and objectives of (C)(1) and (2) herein.
(e) Final PUD plan. The final plan is to serve as a complete, thorough and permanent public record of the PUD and the manner in which it is to be developed. It shall incorporate all prior approved plans and all approved modifications thereof resulting from the PUD process. It shall serve in conjunction with other city ordinances as the land use regulation applicable to the PUD.
i. Submission of the final plan. Upon approval of the preliminary PUD plan, the applicant shall file with the Zoning Administrator a final plan consisting of the information and submissions required by the final plan stage, for the entire PUD or for one or more stages. The final plan is intended only to add detail to, and to put in final form, the information contained in the general concept plan and the preliminary PUD plan which shall conform to the preliminary PUD plan in all respects. A final plan of a single-phase proposed development or a portion of a multiple- phase proposed development may be submitted simultaneously with the overall preliminary plan for purposes of expediting the review process.
ii. Review and approval of final plan. The Zoning Administrator shall forward comments of staff and consultants to the Planning Commission, who shall prepare a recommendation for the City Council. No public hearing shall be required for approval of the final plan. The City Council may approve the PUD final plan with a majority vote.
iii. Recording of final plat and PUD agreement. Within 180 days of the Zoning Administrator's notice of approval, the applicant shall record the final plat and PUD agreement, or such portions thereof as are appropriate, with the Office of the Ramsey County Recorder.
iv. Building and other permits. No building permit shall be granted on land for which a plan for a PUD is in the process of review or which does not conform to the approved final plan. Upon receiving notice from the Zoning Administrator that the approved final plat and agreement has been recorded and upon appropriate application of the applicant, building and other permits may be issued to the applicant if the following conditions are met:
A. Public open space, if applicable, has been deeded to the city and officially recorded.
B. A development agreement has been approved and executed by all parties.
C. The homeowner's association (if applicable) by-laws, covenants and deed restrictions have been approved by the City Attorney and officially recorded.
D. The construction plans for proposed structures have been approved by the Building Official.
E. All detailed site plans have been approved by the Zoning Administrator.
v. Limitation of final plan approval. Within one year after the approval of a final plan for PUD, or such shorter time as may be established by the appropriate development schedule, construction shall commence in accordance with such approved plan. Failure to commence construction within such period shall, unless an extension has been granted as hereinafter provided, automatically renders void the PUD permit and all approvals of the PUD plan. The area encompassed within the PUD shall thereafter be subject to those provisions of the zoning ordinances and other ordinances applicable in the district in which it is located. In such case, the City Council shall forthwith adopt a resolution repealing the PUD permit and PUD approvals and re-establishing the zoning and other ordinance provisions that would otherwise be applicable.
6. PUD data requirements.
(a) Concept PUD plan. Prior to preliminary PUD application, owners of property in the PUD District are invited to prepare, for review by the city, development sketch plans. Items to be supplied by the applicant include:
i. Overall maximum PUD density range.
ii. Proposed general development and use.
iii. General location of major streets, pedestrian walkways adjacent to the tract, and scale and tract boundaries and north point.
iv. General location and extent of public and/or common open space, areas to be preserved, significant topographical and physical features.
v. Sketch illustrating the general location of residential and non-residential land uses with approximate intensities of development and any zoning change requested.
vi. Staging and timetable of development.
vii. Other special criteria for development.
(b) Preliminary PUD plan. An application for approval of a preliminary PUD plan shall be filed with the Zoning Administrator by the owner(s) of title of property for which the PUD is proposed. A filing fee, as established from time to time by City Council ordinance, shall accompany the preliminary PUD application. The application and accompanying statements shall be submitted and shall include:
i. A vicinity map at a scale approved by the Zoning Administrator showing property lines, streets, easements, existing zoning, graphic scale, north point, date of preparation, and such other items as the Planning Commission may require to show the relationship of the proposed PUD to the Comprehensive Plan of the city, to existing schools and other community facilities and services, and to the surrounding area.
ii. Abstractor's certified copy property certificate providing names and addresses of property owners within 350 feet of the outer boundaries of the property (one copy).
iii. The legal description of the property and lot size.
iv. Boundary survey prepared by a registered surveyor, including the property and 200 feet beyond, which illustrates:
A. Existing property lines and dimensions.
B. Ownership of all parcels.
C. Platting and easements.
D. Street and railroad right-of-ways.
E. Buildings.
F. Utility lines and facilities.
G. Public park and open space.
H. Private land use, subdivisions, and private property.
v. Natural features map(s) illustrating:
A. Contour lines at no more than two foot intervals.
B. Steep slopes of 18% or more.
C. Hydraulic information including drainage patterns, delineated wetlands and land subject to periodic flooding, floodplain, watercourses.
D. Soil and subsoil conditions.
E. Vegetation including classification of tree cover by species.
vi. A preliminary plan of the entire area in such detail as to show the land uses being requested, the densities being proposed, the proposed lots and blocks and the off-street parking system or preliminary plat, if applicable.
vii. A written statement explaining in detail, and with supporting documentation, the specifics of the development plan as it relates to the type of dwelling units proposed and the resulting population, the extent and nature of non-residential development and the resulting traffic generated and parking demands created.
viii. The proposed schedule and/or phasing for the development of the site.
ix. The location, shape, size, and character of public or private/common open space which is suitable for the PUD, in accordance with the City Code Chapter 153
requirements for park and open space dedication.
x. The location and size of all utilities including telephone, electricity, gas, cable, water, sanitary sewer and storm sewer.
xi. Landscape plan including a detailed planting list.
xii. Size and location of all street right-of-ways and proposed paved widths, and vehicular and pedestrian circulation, in conformance with the City Code Chapter 153
.
xiii. A statement setting forth the reasons why, in the opinion of the applicant, the PUD will be in the public interest and consistent with the objectives specified for PUD's.
xiv. Financial capacity of the developer/owner and fiscal resources available including a FDIC insured letter of credit for 110% of the estimated cost of public improvements associated with the development.
xv. Market area of the project and demand trends within the area.
xvi. Other materials as requested by the Planning Commission or City Council.
(c) Final plan data requirements. A final application and its supporting documentation shall give the same information as is required of plats under City Code Chapter 153
in addition to such other information as required by this chapter and by the Planning Commission as a condition for approval of the preliminary plan. In addition, the application shall be accompanied by such other documentation, such as:
i. The location, size, use and arrangement, including height in stories and feet, and total square feet of ground area coverage and floor area, for proposed building, and existing buildings which will remain, if any.
ii. The location, dimensions and number of all driveways, entrances, curb cuts, parking stalls, loading spaces, access alleys, and all other circulation elements including bicycle, pedestrian walkways, and the total site coverage of all circulation elements.
iii. Approximate area, and potential floor area, devoted to commercial or office uses.
iv. Approximate area, and potential floor area, devoted to industrial uses.
v. Schedule of construction. When the PUD is to be constructed in stages during a period of time extending beyond a single construction season (time period between road restrictions), a schedule for the development of such stages or units shall be submitted stating the approximate beginning and completion date for each stage or unit and the proportion of the total PUD public or common open space and dwelling units to be provided or constructed during each such stage, and the overall chronology of development to be followed from stage to stage.
vi. Care and maintenance of open spaces or service facilities. When the proposed PUD includes provisions for public or common open space or service facilities, a statement describing the provision that is to be made for the care and maintenance of such open space or service facilities shall be submitted. If it is proposed that such open space be owned, operated and/or maintained by any entity other than a governmental authority, copies of the proposed articles of incorporation and by-laws of such entity shall be submitted during the preliminary PUD plan stage.
vii. Where applicable, a preliminary and final plat prepared by a land surveyor, duly registered in the state, in accordance with M.S. § 505.00 and City Code Chapter 153
, as may be amended from time to time, which shall contain a notarized certification by such surveyor that the plat represents a survey made by the surveyor and that the monuments shown herein exist as located, and all dimensions are correct, and a notarized certification by the owner or owners of the adoption of the plat and the dedication of streets and other public areas as required.
viii. Detailed utility and infrastructure construction plans, grading plan and drainage plan, approved by the City Engineer.
ix. A statement summarizing all changes which have been made to any document, plan data, or information previously submitted, together with revised copies of any such document, plan or data.
x. Such other and further information as the Zoning Administrator, City Engineer, Planning Commission or City Council shall find necessary to a full consideration of the entire proposed PUD or any stage thereof.
xi. Title opinion provided by the developer showing good and marketable title in the names of the owners of the property. This opinion, together with an updated abstract, should be submitted to the City Attorney for review.
xii. The Planning Commission may, by a written order, excuse any applicant from submitting any specific item of information required herein which it finds to be unnecessary to the consideration of the specific proposal for PUD approval.
7. Amendments and administration.
(a) Generally. Amendments may be made in the approved final plan when they have shown to be required by changes in conditions that have occurred since the final plan was approved or by changes in the development policy of the city.
(b) Minor changes may be authorized by the Zoning Administrator if requested, and if caused by unforeseen circumstances and if they are consistent with the intent and purpose of the final plan and do not increase the size of any building or structure any more than 10% than originally proposed in the preliminary PUD plan. Minor changes are:
i. Less than a 10% change in the approved separation of buildings or location in relation to streets or other property lines;
ii. Change in the design of 10% or less of any building elevation;
iii. Less than a 10% change in building height;
iv. Modification to parking lot configuration provided no reduction in the number of stalls;
v. Engineering details or stormwater functions that do not affect the layout of the site; or landscaping changes in plant type.
(c) All other changes, including but not limited to use, rearrangement of lots, blocks and open space must be reviewed and approved by the Planning Commission and City Council under procedures outlined in the preliminary PUD plan, following a public hearing, with amendments to the recorded copy of the final plan, following Council approval.
(d) Revocation. If the City Council finds that the development has not occurred according to the establishing development schedule or is not otherwise reasonable in the view of the City Council, the City Council may revoke the PUD Overlay District.
(D) Shoreland Overlay District (S-1).
1. Purpose.
(a) The unregulated use of shorelands in the city affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise use and development of shorelands of public waters.
(b) Statutory authorization. These shoreland regulations are adopted pursuant to the authorization and policies contained in M.S. § 103F, Minnesota Regulations, parts 6120.2500 through 6120.3900, and the planning and zoning enabling legislation in M.S. § 462.
(c) Jurisdiction. The provisions of this Code shall apply to shorelands of the public water bodies as classified in § 154.008
(2)(b) of this Code. A body of water created by a private user where there was no previous shoreland may, at the discretion of the governing body, be exempt from this Code.
(d) Compliance. The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the grading and filling of any shoreland area; and the cutting of shoreland vegetation shall be in full compliance with the terms of this Code and other applicable regulations.
(e) District application. The Shoreland Overlay District shall be superimposed (overlaid) upon all the zoning districts as identified in Chapter 154
of City Code as existing or amended by the text and map of this Code. The regulations and requirements imposed by the Shoreland Overlay District shall be in addition to those established by the base zoning district which jointly apply. Under joint application of the districts, the more restrictive requirements shall apply.
(f) Exemption. A structure or use which was lawful before adoption of this chapter, but which is not in conformity with the provisions of the Shoreland Overlay District, may be continued subject to § 154.008
of this Code.
2. Protected waters and classification.
(a) District boundaries. The boundaries of the Shoreland Overlay District within the city shall consist of all lands as described within the definition of shoreland in § 154.003
of this Code.
(b) Waters classifications. The following waters have been given classifications and are regulated as such under state law.
ID | Name | DNR classification | OHWL | Watershed District |
62000500 | Casey Lake | Natural Environment | 926.3 ft | RWMWD |
62000100 | Silver Lake | Recreational Development | 989.57 ft | VBWD |
3. Administration and permits.
(a) Permits required.
i. When a building, zoning or conditional use permit is required for any activity regulated herein, no additional shoreland alteration permit shall be required. However, the standards for the activity as contained herein shall be applied to the issuance of that permit.
ii. A shoreland alteration permit shall be required for all construction and development activity regulated within this chapter including for:
2. The construction of stairways, lifts, landings, water oriented accessory structures and retaining walls located within the shore impact zone (unless a building permit is required and issued).
iii. Activity regulated under § 154.008
(D)(7) and other activities specifically exempted within this chapter shall not require a shoreland alteration permit.
(b) DNR notification procedures.
i. Notification shall be provided to the DNR Area Hydrologist at least ten days prior to a public hearing to consider variances, conditional use permits or plats within the shoreland area or amendments to the shoreland standards.
ii. Notification shall occur ten days after a final decision on all variances, conditional use permits or plats.
(c) Watershed management notification & permits. Additional requirements of the Valley Branch Watershed District (VBWD) for Silver Lake and Ramsey-Washington Metro Watershed District (RWMWD) for Casey Lake apply to some projects.
4. Development standards.
(a) Lot area and width standards shall be regulated per the following tables:
i. Recreational development lake:
Lot Type | Lot Area (sq. ft.) | Lot Width (ft.) |
Dwelling, Single-Family | 7,920 | 60 |
Dwelling, Two Family | 11,934 | 120 |
Dwelling, Townhouse | 5,967 per unit | 60 per unit |
ii. Natural environment lake:
Lot Type | Lot Area (sq. ft.) | Lot Width (ft.) |
Dwelling, Single-Family | 7,920 | 60 |
Dwelling, Two Family | 11,934 | 120 |
Dwelling, Townhouse | 5,967 per unit | 60 per unit |
(b) Use of the property shall be governed by the underlying zoning district provisions.
(c) Height of structures and other facilities on lots shall be regulated per the underlying zoning district of the property except for facilities specified herein.
(d) Setback requirements.
i. The following setback requirements from the ordinary high water level (OHWL) shall apply as indicated in the chart below. As an alternative, the setback distance determined by the average setback of structures on the two immediately adjoining lots can be used if the proposed structure is not located in a shore impact zone.
Name | One Water Oriented Accessory Structure per lot | Principal Structures & All Additional Accessory Buildings |
Casey Lake | 10 feet | 75 feet |
Silver Lake | 10 feet | 75 feet |
ii. The following types of structures are exempt from OHWL setbacks indicated above, but are required to follow the standards contained in § 154.008
(D) items 5-11:
A. Stairways, stairway landings, and pedestrian lifts.
B. Watercraft landing lift facilities and docks.
C. Decks.
D. Public park, beach, and marina facilities and other public improvements.
5. Water oriented accessory structure performance standards. One water oriented accessory structure is allowed per lot and must meet the following standards:
(a) All structures must be located so as to minimize the impact upon existing vegetation, and whenever reasonable in the most visually inconspicuous portions of lots, as viewed from the surface of the public waterbody, assuming summer, leaf-on conditions.
(b) The structure or facility must not exceed ten feet in height, exclusive of safety rails. Detached decks must not exceed eight feet above grade at any point.
(c) The roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area.
(d) Maximum size of structure is:
i. Casey Lake 250 square feet.
ii. Silver Lake 400 square feet and 20 feet wide.
(e) The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities.
(f) The structure must obtain a shoreland alteration permit.
(g) The following standards shall apply to attached or detached decks:
i. The deck encroachment toward the OHWL does not exceed 15% of the existing setback of the principal structure from the OHWL or does not encroach closer than 30 feet, whichever is more restrictive.
ii. The deck is not enclosed, roofed or screened, and does not result in the creation of an impervious surface.
6. Stairways, lifts and landings.
(a) Stairways, stairway landings, and pedestrian lifts shall be located whenever reasonable in the most visually inconspicuous portions of lots, as viewed from the surface of the public waterbody, assuming summer, leaf-on conditions.
(b) Construction and design.
i. Stairways and pedestrian lifts must not exceed four feet in width on residential lots.
ii. Landings for stairways and pedestrian lifts on residential lots must not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties and public open-space recreational properties.
iii. Canopies or roofs are not allowed on stairways, stairway landings, or pedestrian lifts.
iv. Stairways, stairway landings, and pedestrian lifts may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion.
7. Shoreland vegetation alterations.
(a) Intensive vegetation clearing within the shore impact zones and on slopes greater than three to one is not allowed.
(b) In shore impact zones and on steep slopes (greater than three to one), limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted water oriented accessory structures or facilities provided that:
i. The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced.
ii. The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards and the removal of plants deemed noxious under state or local ordinances.
(c) Use of fertilizer and pesticides in the Shoreland Overlay District must be done in such a way as to minimize runoff into the shore impact zone or public water by the use of earth, vegetation, or both.
(d) For Silver Lake, additional vegetation standards are required per the VBWD.
8. Shoreland grading & filling alterations.
(a) Grading, filling and excavations necessary for the construction of structures and driveways under validly issued permits for these facilities do not require the issuance of a separate shoreland alteration permit however considerations and conditions stated as follows in § 154.008
(D)(8)(b) and (c) must be adhered to during the issuance of building permits, grading permits, conditional use permits, variances and subdivision approvals within the shoreland area.
(b) Notwithstanding § 154.008
(D)(8) item (a) (above) the movement of more than ten cubic yards of material within shore impact zones will require a shoreland alteration permit.
(c) Alteration standards & requirements.
i. No person may fill, drain, excavate or otherwise alter the hydrology of a wetland without first obtaining a permit from the Watershed District.
ii. Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible.
iii. Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible.
iv. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used.
v. Altered areas must be stabilized to acceptable erosion control standards
consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service.
vi. Fill or excavated material must not be placed in a manner that creates an unstable slope.
vii. Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must create finished slopes of less than 3:1 slope.
viii. Any alterations below the ordinary high water level of public waters must first be authorized by the commissioner under M.S. § 103G.245.
ix. Alterations of topography must only be allowed if they are accessory to permitted or special uses and do not adversely affect adjacent or nearby properties.
x. Placement of natural rock rip rap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the rip rap is within ten feet of the ordinary high water level, and the height of the rip rap above the ordinary high water level does not exceed three feet.
9. Roads.
(a) Public and private roads, driveways, and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. They must be designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local Soil and Water Conservation District, or other applicable technical materials.
(b) Roads, driveways, and parking areas must not be placed within shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and must be designed to minimize adverse impacts.
10. Stormwater management.
(a) When possible, existing natural drainage-ways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters.
(b) When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and manmade materials and facilities.
(c) When constructed facilities are used for stormwater management, documentation must be provided by a qualified individual that they are designed and installed consistent with the local watershed district or of the local soil and water conservation districts.
(d) New constructed stormwater outfall to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge.
(e) Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site.
(f) Additional stormwater management requirements may be required by the RWMWD and VBWD.
(g) Impervious surface coverage shall be limited to amounts allowed in underlying zoning district standards, except that no impervious surface shall be allowed in the shore impact zone.
11. Sanitary provisions. Publicly owned sewer systems must be used for all properties in the Shoreland Overlay District.
(E) Floodplain.
1. Purpose.
(a) Purpose. This chapter regulates development in the flood hazard areas of North St. Paul. These flood hazard areas are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. It is the purpose of this chapter to promote the public health, safety, and general welfare by minimizing these losses and disruptions.
(b) National Flood Insurance Program Compliance. This chapter is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59 -78, as amended, so as to maintain the community's eligibility in the National Flood Insurance Program.
(c) This chapter is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development.
2. Statutory authorization and findings of fact. The legislature of the State of Minnesota has, in M.S. § 103F and Chapter 462 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the City Council of North St. Paul, Minnesota, does ordain as follows:
3. General provisions.
(a) How to use this chapter. This chapter adopts the floodplain maps applicable to North St. Paul and includes three floodplain districts: Floodway, Floodway Fringe, and General Floodplain.
i. Where Floodway and Flood Fringe Districts are delineated on the floodplain maps, the standards in § 154.008
(E) items (4) or (5) will apply, depending on the location of a property.
ii. Locations where Floodway and Flood Fringe Districts are not delineated on the floodplain maps are considered to fall within the General Floodplain District. Within the General Floodplain District, the Floodway District standards in § 154.008
(E)(4) apply unless the floodway boundary is determined, according to the process outlined in § 154.008
(E)(6). Once the floodway boundary is determined, the Flood Fringe District standards in § 154.008 (E)(5) may apply outside the floodway.
(b) Lands to which chapter applies. This chapter applies to all lands within the jurisdiction of the city shown on the Official Zoning Map and/or the attachments thereto as being located within the boundaries of the Floodway, Flood Fringe, or General Floodplain Districts.
i. The Floodway, Flood Fringe and General Floodplain Districts are overlay districts that are superimposed on all existing zoning districts. The standards imposed in the overlay districts are in addition to any other requirements in this chapter. In case of a conflict, the more restrictive standards will apply.
(c) Incorporation of maps by reference. The following maps together with all attached material are hereby adopted by reference and declared to be a part of the Official Zoning Map and this chapter. The attached material includes the Flood
Insurance Study for Ramsey County, Minnesota, and Incorporated Areas, dated June 4, 2010 and the Flood Insurance Rate Map panels enumerated below, dated June 4, 2010, all prepared by the Federal Emergency Management Agency. These materials are on file in the office of the City Manager and the Zoning Administrator.
i. 27123C0044G
ii. 27123C0065G
iii. 27123C0110G
iv. 27123C0130G
(d) Regulatory Flood Protection Elevation (RFPE). The regulatory flood protection elevation is an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway.
(e) Interpretation. The boundaries of the zoning districts are determined by scaling distances on the Flood Insurance Rate Map.
i. Where a conflict exists between the floodplain limits illustrated on the official zoning map and actual field conditions, the flood elevations shall be the governing factor. The Zoning Administrator must interpret the boundary location based on the ground elevations that existed ono the site on the date of the first National Flood Insurance Program map showing the area within the regulatory floodplain, and other available technical data.
ii. Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the Board of Adjustment and to submit technical evidence.
(f) Abrogation and greater restrictions. It is not intended by this chapter to repeal, abrogate, or impair any existing easements, covenants, or other private agreements. However, where this chapter imposes greater restrictions, the provisions of this chapter prevail. All other ordinances inconsistent with this chapter are hereby repealed to the extent of the inconsistency only.
(g) Warning and disclaimer of liability. This chapter does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This chapter does not create liability on the part of the city or its officers or employees for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.
(h) Severability. If any section, clause, provision, or portion of this chapter is adjudged unconstitutional or invalid by a court of law, the remainder of this chapter shall not be affected and shall remain in full force.
(i) Annexations. The Flood Insurance Rate Map panels adopted by reference into § 154.008
(F)(3)(c) above may include floodplain areas that lie outside of the corporate boundaries of the city at the time of adoption of this chapter. If any of these floodplain land areas are annexed into the city after the date of adoption of this chapter, the newly annexed floodplain lands will be subject to the provisions of this chapter immediately upon the date of annexation.
4. Establishment of zoning districts.
(a) Districts:
i. Floodway District. The Floodway District includes those areas designated as floodway on the Flood Insurance Rate Map adopted in § 154.008
(F)(3)(c).
ii. Flood Fringe District. The Flood Fringe District includes those areas designated as floodway fringe on the Flood Insurance Rate Map adopted in § 154.008
(F)(3)(c), as being within Zone AE, but being located outside of the floodway.
iii. General Floodplain District. The General Floodplain District includes those areas designated as Zone A and Zone AE, without a floodway on the Flood Insurance Rate Map adopted in § 154.008
(F)(3)(c).
(b) Compliance. Within the floodplain districts established in this chapter, the use of any land, the use, size, type and location of structures on lots, the installation and maintenance of transportation, utility, water supply and waste treatment facilities, and the subdivision of land must comply with the terms of this chapter and other applicable regulations. All uses not listed as permitted uses or conditional uses in § 154.008
(F)(5) (Flood Way), (6) (Flood Fringe) and (7) (General Floodplain), respectively, are prohibited. In addition, a caution is provided here that:
i. New and replacement manufactured homes and certain recreational vehicles are subject to the general provisions of this chapter and specifically § 154.008
(F)(10).
ii. Modifications, additions, structural alterations, normal maintenance and repair, or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this chapter and specifically § 154.008
(F)(12).
iii. As-built elevations for elevated or floodproofed structures must be certified by ground surveys and flood-proofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provisions of this chapter and specifically as stated in § 154.008
(F)(11) of this chapter.
5. Floodway District (FW).
(a) Permitted uses. The following uses, subject to the standards set forth in § 154.008
(F)(5)(b), are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay district:
i. Pasture land, outdoor plant nurseries, horticulture, forestry, sod farming and wild crop harvesting.
ii. Industrial-commercial loading areas, parking areas and airport landing strips.
iii. Open space uses, including but not limited to private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, hunting and fishing areas, and single or multiple purpose recreational trails.
iv. Residential lawns, gardens, parking areas and play areas.
v. Railroads, streets, bridges, utility transmission lines and pipelines, provided that the Department of Natural Resources' Area Hydrologist is notified at least ten days prior to issuance of any permit, and that the standards in § 154.009
(F)(5)(d)(i), (ii), and (iii)(a) of this chapter are met.
(b) Standards for floodway permitted uses.
i. The use must have a low flood damage potential.
ii. With the exception of the uses listed in § 154.008
(F)(5)(a)(v), the use must not obstruct flood flows or increase flood elevations and must not involve structures, fill, obstructions, excavations or storage of materials or equipment.
iii. Any facility that will be used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence or the regional (1% chance) flood.
(c) Conditional uses. The following uses may be allowed as conditional uses following the standards and procedures set forth in this chapter and
further subject to standards if otherwise allowed in the underlying zoning district or any applicable overlay district.
i. Structures accessory to the uses listed in § 154.008
(F)(5)(a) above and the uses listed in (ii-vii) below.
ii. Extraction and storage of sand, gravel and other materials.
iii. Marinas, boat rentals, docks, piers, wharves and water control structures.
iv. Storage yards for equipment, machinery, or materials.
v. Placement of fill or construction of fences that obstruct flood flows. Farm fences, are permitted uses.
vii. Levees or dikes intended to protect agricultural crops for a frequency flood event equal to or less than the ten-year frequency flood event.
(d) Standards for floodway conditional uses.
i. All uses. A conditional use must not cause any increase in the stage of the 1% chance or regional flood or cause an increase in flood damages in the reach or reaches affected.
ii. Storage of materials and equipment.
A. The storage or processing of materials that are, in time of flooding, flammable, explosive, or potential injurious to human, animal, or plant life is prohibited.
iii. Fill.
A. Fill, dredge spoil and other similar materials deposited or stored in the flood plain must be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. Permanent sand and gravel operations and similar uses must be covered by a long-term site development plan.
B. Temporary placement of fill, other materials, or equipment which would cause an increase to the stage of the 1% chance or regional flood may only be allowed if the City Council has approved a plan that assures removal of the materials from the floodway based upon the flood warning time available.
iv. Accessory structures.
A. Accessory structures must not be designed for human habitation.
B. Accessory structures, if permitted, must be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters.
1. Whenever possible, structures must be constructed with the longitudinal axis parallel to the direction of flood flow; and
2. So far as practicable, structures must be placed approximately on the same flood flow lines as those of adjoining structures.
C. Accessory structures must be elevated on fill or structurally dry floodproofed in accordance with the FP-1 or FP-2 floodproofing classifications in the State Building Code. All floodproofed accessory structures must meet the following additional standards:
1. The structure must be adequately anchored to prevent flotation, collapse or lateral movement of the structure and designed to equalize hydrostatic flood forces on exterior walls; and
2. Any mechanical and utility equipment in the structure must be elevated to or above the regulatory flood protection elevation or properly floodproofed.
D. As an alternative, an accessory structure may be internally/wet floodproofed to the FP-3 or FP-4 floodproofing classifications in the State Building Code, provided the accessory structure constitutes a minimal investment, does not exceed 576 square feet in size. A detached garage may only be used for parking of vehicles and limited storage. All structures must meet the following standards:
1. To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and
2. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings.
E. Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters shall be subject to the provisions of M.S. § 103G.245.
F. A levee, dike or floodwall constructed in the floodway must not cause an increase to the 1% chance or regional flood. The technical analysis must assume equal conveyance or storage loss on both sides of a stream.
G. Floodway developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system.
6. Flood Fringe District (FF).
(a) Permitted uses. Permitted uses are those uses of land or structures allowed in the underlying zoning district(s) that comply with the standards in § 154.008
(E)(6)(b), which follows.
(b) Standards for flood fringe permitted uses.
i. All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation. The finished fill elevation for structures must be no lower than one foot below the regulatory flood protection elevation and the fill must extend at the same elevation at least 15 feet beyond the outside limits of the structure.
A. As an alternative to elevation on fill, an accessory structure that constitutes a minimal investment and that does not exceed 576 square feet in size may be internally floodproofed in accordance with § 154.008
(E)(5)(d)(iii)(D).
iii. The storage of any materials or equipment must be elevated on fill to the regulatory flood protection elevation.
iv. The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited.
v. Fill must be properly compacted and the slopes must be properly protected by the use of riprap, vegetative cover or other acceptable method.
vi. All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation, or must have a flood warning /emergency evacuation plan acceptable to the City Council.
vii. Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the regulatory flood protection elevation. However, any facilities used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood.
viii. Interference with normal manufacturing/industrial plant operations must be minimized, especially along streams having protracted flood durations. In considering permit applications, due consideration must be given to the needs of industries with operations that require a floodplain location.
ix. Flood fringe developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system.
x. Manufactured homes and recreational vehicles must meet the standards of § 154.009
(F)(10) of this chapter.
(c) Conditional uses. The following uses and activities may be allowed as conditional uses, if allowed in the underlying zoning district(s) or any applicable overlay district, following the procedures in § 154.008
(F)(11)(d), Conditional Uses of this chapter. Conditional uses must meet the standards in § 154.008
(F)(6)(b)(iv) through (b)(x) and § 154.008
(F)(5)(d).
i. Any structure that is not elevated on fill or floodproofed in accordance with § 154.008
(E)(6)(b)(i) of this chapter.
ii. Storage of any material or equipment below the regulatory flood protection elevation.
iii. The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being used to elevate a structure in accordance with § 154.008
(E)(6)(b)(ii) of this chapter.
(d) Standards for Flood Fringe Conditional Uses.
ii. Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. These alternative methods may include the use of stilts, pilings, parallel walls, etc., or above-grade, enclosed areas such as crawl spaces or tuck-under garages. The base or floor of an enclosed area is considered above-grade and not a structure's basement or lowest floor if: 1) the enclosed area is above-grade on at least one side of the structure; 2) it is designed to internally flood and is constructed with flood resistant materials; and 3) it is used solely for parking of vehicles, building access or storage. These alternative elevation methods are subject to the following additional standards:
A. Design and certification. The structure's design and as-built condition must be certified by a registered professional engineer or architect as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment, including ductwork, and other service facilities are placed at or above the regulatory flood protection elevation or are designed to prevent flood water from entering or accumulating within these components during times of flooding.
B. Specific standards for above-grade, enclosed areas. Above-grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood. The design plans must stipulate:
1. A minimum area of openings in the walls where internal flooding is to be used as a floodproofing technique. There must be a minimum of two openings on at least two sides of the structure and the bottom of all openings must be a maximum of one foot above grade. The automatic openings must have a net area of at least one square inch for every square foot of enclosed area subject to flooding, unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters without any form of human intervention; and
2. That the enclosed area will be designed of flood resistant materials in accordance with the FP-3 or FP-4 classifications in the State Building Code and will be used solely for building access, parking of vehicles, or storage.
iii. Basements are subject to the following:
A. Residential basement construction is not allowed below the regulatory flood protection elevation.
B. Non-residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry floodproofed in accordance with § 154.008
(E)(6)(d)(iv) of this chapter, which follows.
iv. All areas of nonresidential structures, including basements, to be placed below the regulatory flood protection elevation must be floodproofed in accordance with the structurally dry floodproofing classifications in the State Building Code. Structurally dry floodproofing must meet the FP-1 or FP-2 floodproofing classification in the State Building Code, which requires making the structure watertight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures wet floodproofed to the FP-3 or FP-4 classification are not permitted.
v. The placement of more than 1,000 cubic yards of fill or other similar material on a parcel (other than for the purpose of elevating a structure to the regulatory flood protection elevation) must comply with an approved erosion/sedimentation control plan.
A. The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the regional (1% chance) flood event.
B. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the City Council.
C. The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists.
vi. Storage of materials and equipment below the regulatory flood protection elevation must comply with an approved emergency plan providing for removal of such materials within the time available after a flood warning.
7. General Floodplain District (GF).
(a) Permitted uses.
i. The uses listed in § 154.008
(E)(5)(a) of this chapter, Floodway District Permitted Uses, are permitted uses.
ii. All other uses are subject to the floodway/flood fringe evaluation criteria specified in § 154.008
(F)(5)(b) below and in § 154.008
(F)(5) applies if the proposed use is determined to be in the Floodway District in § 154.009
(F)(6) applies if the proposed use is determined to be in the Flood Fringe District.
(b) Procedures for floodway and flood fringe determinations.
i. Upon receipt of an application for a permit or other approval within the General Floodplain District, the Zoning Administrator must obtain, review and reasonably utilize any regional flood elevation and floodway data available from a federal, state, or other source.
ii. If regional flood elevation and floodway data are not readily available, the applicant must furnish additional information, as needed, to determine the regulatory flood protection elevation and whether the proposed use would fall within the Floodway or Flood Fringe District. Information must be consistent with accepted hydrological and hydraulic engineering standards and the standards in § 154.008(E)(5)(c) below.
(c) The determination of floodway and flood fringe must include the following components, as applicable:
i. Estimate the peak discharge of the regional (1% chance) flood.
ii. Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas.
iii. Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than one-half (0.5) foot. A lesser stage increase than 0.5 foot is required if, as a result of the stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach must be assumed in computing floodway boundaries.
(d) The Zoning Administrator will review the submitted information and assess the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary. The assessment must include the cumulative effects of previous floodway encroachments. The Zoning Administrator may seek technical assistance from a designated engineer or other expert person or agency, including the Department of Natural Resources. Based on this assessment, the Zoning Administrator may approve or deny the application.
(e) Once the Floodway and Flood Fringe District Boundaries have been determined, the Zoning Administrator must process the permit application consistent with the applicable provisions of § 154.008
(F)(5) and (6).
8. Land development standards.
(a) General. Recognizing that flood prone areas may exist outside of the designated floodplain districts, the requirements of this section apply to all land within the City of North Saint Paul.
(b) Subdivisions. No land may be subdivided which is unsuitable for reasons of flooding or inadequate drainage, water supply or sewage treatment facilities. Manufactured home parks and recreational vehicle parks or campgrounds are considered subdivisions under this chapter.
i. All lots within the floodplain districts must be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation.
ii. All subdivisions must have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation, unless a flood warning emergency plan for the safe evacuation of all vehicles and people during the regional (1% chance) flood has been approved by the City Council. The plan must be prepared by a registered engineer or other qualified individual, and must demonstrate that adequate time and personnel exist to carry out the evacuation.
iii. For all subdivisions in the floodplain, the Floodway and Flood Fringe District boundaries, the regulatory flood protection elevation and the required elevation of all access roads must be clearly labeled on all required subdivision drawings and platting documents.
iv. In the General Floodplain District, applicants must provide the information required in § 154.008
(F)(7)(b) to determine the regional flood elevation, the Floodway and Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision site.
v. If a subdivision proposal or other proposed new development is in a flood prone area, any such proposal must be reviewed to assure that:
A. All such proposals are consistent with the need to minimize flood damage within the flood prone area,
B. All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage, and
C. Adequate drainage is provided to reduce exposure of flood hazard.
vi. Building Sites. If a proposed building site is in a flood prone area, all new construction and substantial improvements (including the placement of manufactured homes) must be:
A. Designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy,
B. Constructed with materials and utility equipment resistant to flood damage,
C. Constructed by methods and practices that minimize flood damage, and
D. Constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
9. Public utilities, railroads, roads, and bridges.
(a) Public utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain must be floodproofed in accordance with the State Building Code or elevated to the regulatory flood protection elevation.
(b) Public transportation facilities. Railroad tracks, roads, and bridges to be located within the floodplain must comply with § 154.008
(E)(5) and (6). These transportation facilities must be elevated to the regulatory flood protection elevation where failure or interruption of these facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety.
(c) On-site water supply and sewage treatment systems. Where public utilities are not provided: 1) On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and 2) New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and they must not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the state's current statewide standards for on-site sewage treatment systems is considered to be in compliance with this section.
10. Manufactured homes, manufactured home parks, and recreational vehicles.
(a) Manufactured homes. New manufactured home parks, expansions to existing manufactured home parks, and new or replacement manufactured home units on lots of record are prohibited in the Floodway District. If allowed in the Flood Fringe District, these uses are subject to the requirements of § 154.008
(E)(6) and the following standards.
(b) Placement of manufactured homes. New and replacement manufactured homes in the Flood Fringe District must comply with the following standards:
i. New and replacement manufactured homes must be elevated in compliance with § 154.008
(E)(6) and must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces.
ii. New or replacement manufactured homes in existing manufactured home parks must meet the vehicular access requirements for subdivisions in § 154.008
(E)(8)(b)(ii).
(c) Recreational vehicles. Placement of recreational vehicles in the floodplain must meet the exemption criteria below or be treated as new structures meeting the requirements of this chapter.
i. Recreational vehicles are exempt from the provisions of this chapter if they are placed in any of the following areas and meet the criteria listed as follows:
A. Individual lots or parcels of record.
B. Existing commercial recreational vehicle parks or campgrounds.
C. Existing condominium- type associations.
ii. Criteria for exempt recreational vehicles.
A. The vehicle must have a current license required for highway use.
B. The vehicle must be highway ready, meaning on wheels or the internal jacking system, attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks.
C. No permanent structural type additions may be attached to the vehicle.
D. The vehicle and associated use must be permissible in any pre-existing, underlying zoning district.
E. Accessory structures are not permitted within the Floodway District. Any accessory structure in the Flood Fringe District must be constructed of flood-resistant materials and be securely anchored, meeting the requirements applicable to manufactured homes in § 154.008
(E)(8)(b).
F. An accessory structure must constitute a minimal investment.
iii. Recreational vehicles that are exempt in § 154.008
(E)(8)(c)(ii) lose this exemption when development occurs on the site that exceeds a minimal investment for an accessory structure such as a garage or storage building. The recreational vehicle and all accessory structures will then be treated as new structures subject to the elevation and floodproofing requirements of this chapter. No development or improvement on the parcel or attachment to the recreational vehicle is allowed that would hinder the removal of the vehicle should flooding occur.
iv. New commercial recreational vehicle parks or campgrounds, subdivisions or condominium associations, and the expansion of any similar existing use exceeding five units or dwelling sites may be allowed subject to the following:
A. On any new or replacement recreational vehicle site in the Flood Fringe District, the recreational vehicle and its contents must be placed on fill at or above the regulatory flood protection elevation and adequate road access to the site must be provided in accordance with § 154.008
(E)(8)(b)(ii) of this chapter.
B. Any new or replacement recreational vehicle site located in the Floodway District or as an alternative to (a) above in the Flood Fringe District, may be allowed as a conditional use in accordance with the following provisions and the provisions of § 154.008
(E)(11)(d) of this chapter.
1. The applicant must submit an emergency plan for the safe evacuation of all vehicles and people acceptable to the City Council, as specified in § 154.008
(E)(8)(b)(ii). The plan must demonstrate that adequate time and personnel exist to carry out an evacuation, and that the exemption provisions of this chapter will be met; and
2. All attendant sewage and water facilities for new or replacement recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding in accordance with § 154.008
(E)(9)(c) of this chapter.
3. Any fill placed in the floodway to meet the requirements of this section must not increase the flood stage of the regional (1% chance) flood.
11. Administration.
(a) Zoning Administrator. A Zoning Administrator or other official designated by the City Council must administer and enforce this chapter.
(b) Permit requirements.
i. Permit required. A permit must be obtained from the Zoning Administrator prior to conducting the following activities:
A. The erection, addition, modification, rehabilitation, or alteration of any building, structure, or portion thereof. Normal maintenance and repair also requires a permit if such work, separately or in conjunction with other planned work, constitutes a substantial improvement as defined in this chapter.
B. The use or change of use of a building, structure, or land.
C. The construction of a dam, fence, or on-site septic system, although a permit is not required for a farm fence as defined in this chapter.
D. The change or extension of a nonconforming use.
E. The repair of a structure that has been damaged by flood, fire, tornado, or any other source.
F. The placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain.
G. Relocation or alteration of a watercourse, unless a public waters work permit has been issued.
H. Any other type of "development" as defined in this chapter.
ii. Application for permit. Permit applications must be submitted to the Zoning Administrator on forms provided by the Zoning Administrator. The permit application must include the following as applicable:
A. A site plan showing all pertinent dimensions, existing or proposed buildings, structures, and significant natural features having an influence on the permit.
B. Location of fill or storage of materials in relation to the stream channel.
C. Copies of any required municipal, county, state or federal permits or approvals.
D. Other relevant information requested by the Zoning Administrator as necessary to property evaluate the permit application.
iii. Certificate of zoning compliance for a new, altered, or nonconforming use. No building, land or structure may be occupied or used in any manner until a certificate of zoning compliance has been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this chapter.
iv. Certification. The applicant is required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this chapter. Floodproofing measures must be certified by a registered professional engineer or registered architect.
v. Record of first floor elevation. The Zoning Administrator must maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the floodplain. The Zoning Administrator must also maintain a record of the elevation to which structures and alterations or additions to structures are floodproofed.
vi. Notifications for watercourse alterations. Before authorizing any alteration or relocation of a river or stream, the Zoning Administrator must notify adjacent communities. If the applicant has applied for a permit to work in public waters pursuant to M.S. § 103G.245, this will suffice as adequate notice. A copy of the notification must also be submitted to the Federal Emergency Management Agency (FEMA).
vii. Notification to FEMA when physical changes increase or decrease base flood elevations. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the Zoning Administrator must notify FEMA of the changes by submitting a copy of the relevant technical or scientific data.
(c) Variances.
i. Variance applications. An application for a variance to the provisions of this section will be processed and reviewed in accordance with applicable § 154.004
(D).
ii. Adherence to state floodplain management standards. A variance must not allow a use that is not allowed in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law.
iii. Additional variance criteria. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied:
A. Variances must not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.
B. Variances may only be issued upon:
1. A showing of good and sufficient cause.
2. A determination that failure to grant the variance would result in exceptional practical difficulty to the applicant.
3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
C. Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
iv. Flood insurance notice. The Zoning Administrator must notify the applicant for a variance that:
A. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and
B. Such construction below the base or regional flood level increases risks to life and property. Such notification must be maintained with a record of all variance actions.
v. General considerations. The community may consider the following factors in granting variances and imposing conditions on variances and conditional uses in floodplains:
A. The potential danger to life and property due to increased flood heights or velocities caused by encroachments;
B. The danger that materials may be swept onto other lands or downstream to the injury of others;
C. The proposed water supply and sanitation systems, if any, and the ability of these systems to minimize the potential for disease, contamination and unsanitary conditions;
D. The susceptibility of any proposed use and its contents to flood damage and the effect of such damage on the individual owner;
E. The importance of the services to be provided by the proposed use to the community;
F. The requirements of the facility for a waterfront location;
G. The availability of viable alternative locations for the proposed use that are not subject to flooding;
H. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future;
I. The relationship of the proposed use to the Comprehensive Land Use Plan and flood plain management program for the area;
J. The safety of access to the property in times of flood for ordinary and emergency vehicles;
K. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site.
vi. Submittal of hearing notices to the Department of Natural Resources (DNR). The Zoning Administrator must submit hearing notices for proposed variances to the DNR sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
vii. Submittal of final decisions to the Department of Natural Resources (DNR). A copy of all decisions granting variances must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
viii. Record-keeping. The Zoning Administrator must maintain a record of all variance actions, including justification for their issuance, and must report such variances in an annual or biennial report to the Administrator of the National Flood Insurance Program, when requested by the Federal Emergency Management Agency.
(d) Conditional uses.
i. Administrative review. An application for a conditional use permit under the provisions of this section will be processed and reviewed in accordance with § 154.004
(E)(1).
ii. Factors used in decision- making. In passing upon conditional use applications, the City Council must consider all relevant factors specified in other sections of this chapter, and those factors identified in § 154.008
(E)(8)(e) of this chapter.
iii. Conditions attached to conditional use permits. The City Council may attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this chapter. Such conditions may include, but are not limited to, the following:
A. Modification of waste treatment and water supply facilities.
B. Limitations on period of use, occupancy, and operation.
C. Imposition of operational controls, sureties, and deed restrictions.
D. Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures.
E. Floodproofing measures, in accordance with the State Building Code and this chapter. The applicant must submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area.
iv. Submittal of hearing notices to the Department of Natural Resources (DNR). The (designated body/community official) must submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
v. Submittal of final decisions to the Department of Natural Resources (DNR). A copy of all decisions granting conditional uses must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
12. Nonconformities; continuance of nonconformities. A use, structure, or occupancy of land which was lawful before the passage or amendment of this chapter but which is not in conformity with the provisions of this chapter may be continued subject to the following conditions. Historic structures, as defined in § 154.003
are subject to the provisions of items (a)-(e) as follows:
(a) A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a way that increases its nonconformity. Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited.
(b) Any structural alteration or addition to a nonconforming structure or nonconforming use which would result in increasing the flood damage potential of that structure or use must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP-1 thru FP-4 floodproofing classifications) allowable in the State Building Code, except as further restricted in (c) - (g) as follows.
(c) The cost of all structural alterations or additions to any nonconforming structure over the life of the structure may not exceed 50% of the market value of the structure unless the conditions of this section are satisfied. The cost of all structural alterations and additions must include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the cost of all previous and proposed alterations and additions exceeds 50% of the market value of the structure, then the structure must meet the standards of § 154.008
(E)(8) of this chapter for new structures depending upon whether the structure is in the Floodway or Flood Fringe District, respectively.
(d) If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this chapter. The assessor must notify the Zoning Administrator of instances of nonconformities that have been discontinued for a period of more than one year.
(e) If any nonconformity is substantially damaged, as defined in § 154.003
, it may not be reconstructed except in conformity with the provisions of this chapter. The applicable provisions for establishing new uses or new structures in § 154.008
(E)(5) or (6) will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively.
(f) If any nonconforming use or structure experiences a repetitive loss, as defined in § 154.003
, it must not be reconstructed except in conformity with the provisions of this chapter.
(g) Any substantial improvement to a nonconforming structure requires that the existing structure and any additions must meet the requirements of § 154.008
(E)(5) or (6) of this chapter for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District.
13. Penalties and enforcement.
(a) Violation constitutes a misdemeanor. Violation of the provisions of this chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) constitute a misdemeanor and will be punishable as defined by law.
(b) Other lawful action. Nothing in this chapter restricts the City of North Saint Paul from taking such other lawful action as is necessary to prevent or remedy any violation. If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses will constitute an additional violation of this chapter and will be prosecuted accordingly.
(c) Enforcement. Violations of the provisions of this chapter will be investigated and resolved in accordance with the provisions of section(s) (list relevant sections) of the zoning ordinance/code of the City of North Saint Paul. In responding to a suspected ordinance violation, the Zoning Administrator and City Council may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The City of North Saint Paul must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program.
14. Amendments.
(a) Floodplain designation; restrictions on removal. The floodplain designation on the Official Zoning Map must not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the Commissioner of the Department of Natural Resources (DNR) if the Commissioner determines that, through other measures, lands are adequately protected for the intended use.
(b) Amendments require DNR approval. All amendments to this chapter must be submitted to and approved by the Commissioner of the Department of Natural Resources (DNR) prior to adoption. The Commissioner must approve the amendment prior to community approval.
(c) Map revisions require ordinance amendments. The floodplain district regulations must be amended to incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps adopted in § 154.008
(E)(3)(c).
(Ord. 739, passed 8-18-2015; Am. Ord. 745, passed 12-15-2015; Am. Ord. 799, passed 7-20-2021; Am. Ord. 807, passed 10-4-2022)
This section does not prohibit the City of North St. Paul from enforcing an ordinance that applies to adults-only bookstores, adults-only theaters, or similar adults-only businesses.
(A) Continuation of legal non-conformities. Except as otherwise provided by law, any nonconformity may be continued per the following standards including non-conforming uses (the lawful use or occupation of land or premises), non-conforming structures, and non-conforming lots (as defined in 154.003). Non-conformities may not continue through expansion (except as in division (C) "MU-3 zone expansion exception" which follows) but may be continued through repair, replacement, restoration, maintenance, or improvement, unless:
1. The nonconformity or occupancy is discontinued for a period of more than one year; or
2. The nonconforming use is destroyed by fire or other peril to the extent of greater than 50% of its estimated market value, as indicated in the records of the county assessor at the time of damage and no building permit has been applied for within 180 days of when the property is damaged. In this case:
(a) A municipality may impose reasonable conditions upon a zoning or building permit in order to mitigate any newly created impact on adjacent property or water body; and
(b) When a nonconforming structure in the Shoreland District with less than 50% of the required setback from the water is destroyed by fire or other peril to greater than 50% of its estimated market value, as indicated in the records of the county assessor at the time of damage, the structure setback may be increased if practicable and reasonable conditions are placed upon a zoning or building permit to mitigate created impacts on the adjacent property or water body.
(B) Subsequent use or occupancy. Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy.
(C) MU-3 Zone Expansion exception. A building permit may be granted to a nonconforming use in the MU-3 zone if all of the following are met:
1. The expansion of the use involves an expansion of no more than 10% of the gross floor area of the building;
2. The modification of the use consists of an expansion amounting to no more than 10% of the approved gross floor area;
3. When the expansion of the use is otherwise consistent with all other sections of this chapter;
4. And, when such expansion of the use eliminates an adverse effect or condition which is inconsistent with the MU-3 District or the approved plan for the area, and/or when such modification is determined to result in an improvement consistent with the objectives of the area and the total use of the site, and/or when such modification would lead to a more rapid implementation of the Comprehensive Plan and MU-3 District objectives while providing good aesthetics and functionality during the interim (time period between the nonconforming use and a conforming use of the property).
(D) Nuisances. In order to reasonably prevent and abate nuisances and to protect the public health, welfare, or safety, nothing in this chapter shall prevent the placing of a structure in safe conditions when said structure is declared unsafe by the building codes and standards of the city.
(Ord. 739, passed 8-18-2015)
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