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HomeMy WebLinkAbout2023-06-28 CPC Agenda Packet1 I Iwa ter216 41h Street N, Stillwater, MN 55082 651-430-8800 The Birthplace ofMinn esota www.stillwatermn.gov PLEASE NOTE: Planning Commission meetings are streamed live on the city website and available to view on Channel 16. Public can participate by attending the meeting in person at City Hall in the Council Chambers, 216 4th St N. PLANNING COMMISSION MEETING June 28t'', 2023 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES 1. Possible approval of May 24th, 2023 regular meeting minutes. IV. OPEN FORUM - The Open Forum is a portion of the Commission meeting to address subjects which are not apart of the meeting agenda. The Chairperson may reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. V. CONSENT AGENDA (ROLL CALL) - All items listed under the consent agenda are considered to be routine by the Planning Commission and will be enacted by one motion. There will be no separate discussion on these items unless a commission member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. VI. UNFINISHED BUSINESS 1. Case No. CD 2023-13: Interim Use Permit for Outdoor Events at River Siren Brewing at 225 Main Street North (Staff Reviewer: Ben Gutknecht, 651-430-8818) VII. PUBLIC HEARINGS - The Chairperson opens the hearing and will ask city staff to provide background on the proposed item. The Chairperson will ask for comments from the applicant, after which the Chairperson will then ask if there is anyone else who wishes to comment. Members of the public who wish to speak will be given 5 minutes and will be requested to step forward to the podium and must state their name and address. At the conclusion of all public testimony the Commission will close the public hearing and will deliberate and act on the proposed item. 2. Case No. CD 2023-27: Interim Use Permit for Outdoor Musical Performances at 324 Main Street South (Tilted Tiki Tropical Bar & Restaurant) (Staff Reviewer: Yasmine Robinson) 3. Case No. CD 2023-28: City Code Recodification Project (Staff Reviewer: Kori Land, City Attorney) VIIL DISCUSSION IX. FYI — STAFF UPDATES X. ADJOURNMENT (499ateir THE lINTNELACE OF MINNESOTA PLANNING COMMISSION MEETING MINUTES May 24, 2023 REGULAR MEETING Chairman Dybvig called the meeting to order at 7:00 p.m. 7:00 P.M. Present: Chairman Dybvig, Commissioners Cox, Hoffman, North, Steinwall, Swanson, Councilmember Odebrecht Absent: None Staff: Community Development Director Gladhill, Assistant Planner Gutknecht, Planning Manager Robinson Chairman Dybvig mentioned John Heady a Planning Commissioner from 2012-2019 passed away this week, he provided a good service to the City of Stillwater. APPOINT CHAIR AND VICE CHAIR Councilmember Odebrecht nominated Dybvig and Steinwall, seconded by Hoffman. All in favor. APPROVAL OF MINUTES Possible approval of minutes of April 26, 2023 regular meeting Motion by Commissioner Hoffman, seconded by Commissioner Cox, to approve the minutes of the April 26, 2023 meeting. All in favor. OPEN FORUM There were no public comments. CONSENT AGENDA There were no items on the Consent Agenda. UNFINISHED BUSINESS There was no unfinished business. PUBLIC HEARINGS Case No. CD 2023-19: Variance to Exceed the Allowable Impervious Surface for the Construction of a Deck: Assistant Planner Gutknecht reviewed the case. The applicant is seeking to construct a deck that exceeds the allowable impervious surface. The property is located in the RB district and is allowed 25% impervious surface coverage, which would allow 305 sq. ft. additional impervious on the lot. The proposed deck exceeds this even with the removal of the wrap around portion of the deck. Though the request to reduce the number of stairs is a reasonable request, the property itself does not meet the strict requirements for a variance. applicant, said she would like to use the walkway for small child and aging dog. She explained the proposed walkway area is rocks and landscaping and not usable space. Planning Commission May 24, 2023 Chairman Dybvig opened the public hearing. There were no public comments. He closed the public hearing. Motion by Commissioner Cox, seconded by Commissioner Hoffman, to deny the variance to the allowable impervious surface at 1435 Summit Court. All in favor. Case No. CD 2023-21: Interim Use Permit for a K-6 School at 601 Main St N (Manitou Fund Education and Arts Center/River Grove School/Zephyr Theater), Community Development Director Gladhill stated that the review is for an Interim Use Permit for the site and the name of the project is the Manitou Fund Education and Art Center. Manitou Fund out of White Bear Lake will purchase the site and will lease the site primarily to the River Grove School and lease back to the Zephyr Theatre. The use of an education institution/schools are not a permitted use in the Central Business District. The applicant has requested an Interim Use Permit is used for the determination of a similar use. The closest use that is allowed is a Business and Technical School. River Grove School does not plan to make this site their permanent home and is looking to build in another community. Staff and Council recommend the use of an Interim Use Permit and not a Conditional Use Permit that runs with the land. Mr. Gladhill explained that traffic circulation was a concern for staff. The Heritage Preservation Commission did approve the minor changes to the building. He explained the bus drop off and pick up procedure and discussed the plan for the northern parking lot owned by the City. Commissioner Cox asked if there would be overlap with Lumberjack Landing and this project. Mr. Gladhill explained there may be some overlap but not much due to funding and when the Lumberjack landing is set to begin. Councilmember Odebrecht expanded on the explanation of the difference between permitting a CUP that would allow a school there in perpetuity. Whereas an IUP allows the opportunity to place a time limit and additional conditions on the approval. He said he could not support a CUP in that location. Mr. Gladhill discussed the traffic study and the school's impact on traffic. He explained the largest impact would be at Laurel Street and the AM peak would go from a service level of B to a D, this is a delay but this is not failure, that would be achieved at level E or F. The afternoon pick up is spread out and there will not be much in the service level change. Mr. Gladhill explained the internal floor plan and the external modifications to accommodate the interior remodel. He explained the timeline of the Commission's decision. Mr. Gladhill requested that the Commission add a condition that a turning radius for bus drop off on the north end be submitted to staff and that the Commission decide if the site should include the North Parking Lot or move forward with the traffic study that excludes the North Parking Lot. Commissioner Cox requested that Mr. Gladhill expand on the mentioned pedestrian crossing. Mr. Gladhill explained it will remove some parking to improve sight lines and create pedestrian pausing area in the center median right at Terra Springs and at Isaac Staples Mill. Commissioner Swanson asked if the study looked at eliminating on street parking to improve sight lines. Mr. Gladhill stated that a traffic study is more about delays and removal of parking would need to be approved by the Downtown Parking Commission. Page 2 of 9 Planning Commission May 24, 2023 Commissioner Steinwall asked if there is any provisions for outdoor recreation onsite. Mr. Gladhill explained there is no plan for playground, they will use parks and other public areas, and May Township nature center. Councilmember Odebrecht asked if we have had any other projects change by two letter grades of service. Mr. Gladhill explained the only projects that have had traffic studies in his time at the City are the Chapel Hill Flats and Rocket Car Wash and that intersection at 36 is currently operating at a level E or F. He explained that a use will end up on the site and will impact the level of service. Applicant Drew Gibson for the school and Nicole Bartel current chair of Zephyr Theatre explained their goals for the site and their individual programs. Commissioner Cox said in talking to community members, trying to get opinions on how people feel about this, she was asked does the MN Department of Education have to weigh in. Mr. Gibson explained every charter school has an authorizer, so they make sure we are operating in the best interest of the school. Councilmember Odebrecht stated he applauds that you talked to Terra Springs, Zephyr has done a good job talking with them as well. Question is about the traffic study, any opposition to additional staff in the parking lot to direct traffic. He mentioned that traffic on Main St. was just a heated topic a month ago. Mr. Gibson said right now we have 5 or 6 staff members on site helping with traffic and they will use as many as needed to help keep things flowing. Commissioner Cox asked why does afternoon stacking look less severe than AM. Mr. Gibson explained that they have after school clubs and hope to do after school programming with Zephyr so that traffic would stagger. Commissioner Hoffman asked if there is summer programming? Mr. Gibson said no, not currently. Commissioner Odebrcht explained that Council capped them at 200 students. Commission Cox asked to explain the 2 years vs. 4 years? And if 2 years is enough for the school to move on or would 2 years be enough for the Zephyr to reorganize. Mr. Gibson yes, we want to be back in the forest as soon as possible. Bartel explained the Zephyr is already working on organizational plans. Chairman Dybvig opened the public hearing. Keith Kanagualr resident of Terra Springs, no personal objections. He would like to see a condition that the school and future theater clean up the grounds. Also, pedestrians of Terra use that crosswalk daily; he would like to see some safety measures implemented for all. Jean Kanagular, on Terra Springs board, has concerns about snow removal and that the intersection is dangerous. She asked if there is summer school and are there any walking students? She does not want classes in the courtyard. Melanie Zeller raised concerns on where the kids will eat, losss of parking spaces, storm shelter availability, vehicle stacking, speeds on Hwy 95 and crosswalk usage. She asked why would city grant IUP for a school that prides itself on being outside that is moving into a space with no greenspace. Steph Leonard parent of River Grove students. supports the location because of the proximity to green space, park, and the state bike trail. She believes it will bring vibrancy to Main St. Page 3 of 9 Planning Commission May 24, 2023 Michelle Ruther inquired how many buses and cars will be coming in and out per day and effects on residents of Terra Springs. Mike McEvage believes that bus traffic is going to cause a problem, especially since they do not even know the turning radius. Mary Theresa McEvage expressed concerns on the lack of intersection safety and keeping parents from parking in the private areas and children off the private trails. Pam Fresenti echoed concerns about traffic and bus turning radius and asked about the impact due to frequent field trips as was indicated. She questioned if an IUP is granted will this be a precedent for future schools especially with the building conversion. Nik Ondracek his son will be attending next year and appreciates the teachers. He appreciates he will be able to stop in downtown and go to Candyland after school. Chairman Dybvig closed the public hearing. Mr. Gladhill addressed the questions and the Commissioners discussed. Motion by Councilmember Steinwall, seconded by Commissioner Cox, to approve an Interim Use Permit at 601 Main Street North with two additional conditions. All in favor. Case No. CD 2023-25: Conditional Use Permit to allow Retail Use at 1826 Tower Drive West Mr. Gutknecht stated that the applicant is seeking a Conditional Use Permit (CUP) to allow retail within the Business Park - Office Zoning District. The applicant's business is by appointment only and is not walk-in retail. Staff finds that the proposed use is consistent with goals of the Highway Mixed Use zoning concept, as the addition of the proposed use would add to the diversification of uses in the area. Staff recommends approval. Commissioner Cox asked since it is a CUP that means retail can remain in this location into the future. Ms. Robinson explained that yes, any retail would be allowed to continue but due to the location, it is not a heavy foot traffic area. This is a change to the code staff is looking to exploring allowing in the BP Districts. Chairman Dybvig opened the public hearing. There were no public comments. He closed the public hearing. Motion by Commissioner Steinwall, seconded by Commissioner Hoffman, to approve the CUP to allow retail within the Business Park - Office Zoning District located at 1826 Tower Drive West. All in favor. Case No. CD 2023-28: City Code Recodification Project Motion by Commissioner Hoffman, seconded by Commissioner Steinwall, to postpone to June 28, 2023. All in favor. NEW BUSINESS There was no new business. DISCUSSION There was no discussion items. FYI STAFF UPDATES Update on Sundance Stillwater Project Proposal (80th and Manning Areal Page 4 of 9 Planning Commission May 24, 2023 Mr. Gladhill stated the applicant is still working through some details but will be bringing a concept to the June 61h Council Workshop Meeting to get direction on where to go with the project. Mr. Gladhill also reminded the Commission about the annual training run by the City Attorney on June 12th. ADJOURNMENT Motion by Commissioner Dybvig, seconded by Commissioner Swanson, to adjourn the meeting at 9:02 p.m. All in favor. John Dybvig, Chair ATTEST: Tim Gladhill, Community Development Director Resolution PC 2023-17, Resolution Adopting Written Findings for Denial of a Variance to Exceed the Maximum Allowable Structural Impervious Surface of 25% at 1435 Summit Court, Stillwater, Minnesota Resolution PC 2023-18, Conditional Use Permit to Facilitate a Bridal Shop Located at 1826 Tower Drive Page 5 of 9 1 swwsw� Tvater T H E BIRTHPLACE OF MINNESOTA DATE: June 28, 2023 TO: Honorable Chair and Planning Commissioners FROM: Ben Gutknecht, Assistant Planner SUBJECT: CD Case No. 2023-13: Interim Use Permit in the Central Business District (CBD): to permit outdoor events at 225 Main Street North BACKGROUND On April 26, 2023, the Planning Commission tabled the Interim Use Permit application decision until more information could be obtained. The Commission requested further information from the applicant as well as review by the Stillwater Downtown Parking Commission. The applicant has provided additional information including a tentative calendar and greater details regarding the number and function of the proposed events. The Downtown Parking Commission reviewed the proposal at the June 15, 2023 meeting and recommended denial of the Interim Use Permit to the Planning Commission. City Staff has updated the staff report to include the Downtown Parking Commission comments and additions to the application made by the Applicant. City Staff has updated the proposed conditions within the staff report and continues to recommend approval of the application. The Applicant, Brian Carlson (on behalf of River Siren Brewing Co, LLC), is seeking an Interim Use Permit (IUP) to conduct multiple outdoor events, located on the private property located at 225 Main Street North, the River Siren Brewing Co. (the "Project Site") (PID: 2803020140070 & 2803020140069 & 2803020140076). The entirety of the project site is located on three seperate lots of record that have frontage on Water Street North, Mulberry Street East, and Main St North. The project area is located in the Central Business Zoning District and is within the Downtown Stillwater Design Review District. The specific request is for an interim use permit to allow outdoor events to be staged on River Siren Brewing's approximately 8,800 square foot parking lot, with events running through the entire year. The Applicant has held many private events at the project site and seeks to continue to hold re -occurring and new events. The current procedure requires City Council approval and limits the number to events to three per year, unless an Interim Use Permit is approved. The Applicant has provided a narrative describing events that would be included within the proposed Interim Use Permit. Most of the events described span the course of three -days including setup and teardown. Staff has discussed comments from both Commissions with the Applicant after the April 26t" Planning Commission meeting and the June 15t" Downtown Parking Commission meeting regarding review comments. In response to the Downtown Parking Commission concerns, the Applicant has updated the application to request a total of five events per year, with no more than two of the five events occurring in one month. The Applicant has also removed the proposed winter use of the parking lot and potential events and noted that should there be pressure to increase the number of events in the future, an application amendment to the Interim Use Permit would be sought. ANALYSIS The purpose of an IUP is to provide flexibility to the district use regulations. IUP's are temporary in nature, and due to these temporary characteristics, IUPs require special consideration so they may be located properly with respect to the objectives of the Comprehensive Plan and to their possible effects on surrounding properties. In order to achieve these purposes, the Planning Commission is empowered to grant or deny applications for IUPs and to impose reasonable conditions upon the granting of these permits. The Planning Commission may grant an interim use permit for the interim use of a property if: 1. The use conforms to the zoning regulations; 2. The date or event that will terminate the use can be identified with certainty; 3. Permission of the use will not impose additional costs on the city if it is necessary for the city to take the property in the future; and 4. The user agrees in writing to any conditions that the Planning Commission deems appropriate for permission of the use When considering the conformity of a temporary use, specifically an outdoor event the most significant impacts that have been identified are parking, noise, pedestrian controls, number of events, and permitting. Event Permitting Staff will continue to require that the Applicant submit a complete Event Permit Application for review prior to each event. The proposed IUP only allows the applicant the opportunity to host more than the three (3) events per year. Number of Events The Applicant seeks to increase the number of events as follows, • three one weekend events, • one multi -weekend event, • The applicant has clarified they propose not to exceed more than two events per month and will avoid scheduling events at the same time as larger City events (Lumber Jack Days, Harvest Festival, etc.). The proposal seeks to allow the 3 events that have been in regular rotation for the past few years with the addition of 2 more events for a total of 5 events per year. Staff acknowledge that this is an increase to the previous standard of three events per year. However, it is not as substantial of an increase as the previously proposed. As a reminder, previous approval with the Zephyr Theater, the Planning Commission approved no more than 12 days of activity per month between the months of May through October, albeit, the Zephyr Theater site is located further north from downtown Stillwater, and the events were typically held in a single day. Parking The property contains approximately 27 onsite parking stalls. Most of the events listed in the Applicants' narrative proposes to use the entire parking lot, creating a 27-stall deficiency. Previously when reviewing the one-off special events, parking mitigation strategies included reviewing the proposal with the Downtown Parking Commission (DTPC). At the time, the DTPC felt that due to the length of event, minimum number of events, and the lack of other events happening in the community at the same time, no mitigation was needed. On June 15, 2023, the Downtown Parking Commission reviewed the applicant's calendar and event description and recommended denial of the IUP to the Planning Commission based on the following; the proposal would be too great of an impact to downtown parking, there is a lack of clarity to a comprehensive review of the impact to downtown as a whole, and there is concern for setting precedents for similar requests from other businesses. Noise After a review of City Records, Enforcement Staff has not received any noise complaints. Additionally, previous events appeared to finish not later than 10:00 PM and the proposed live music, stage and sound systems would not exceed beyond 9:00 PM. This is consistent with noise controls outlined in City Code, which would continue to be enforced. Violation of this regulation could be used as grounds of termination of the IUP. Pedestrian Control/On Site Safety In the past, the Applicant has contracted with Washington County Sheriff's Department off -duty Officers to regulate the event. It appears that this has been sufficient and should be continued. Further, Staff will continue to review each event permit and assign reasonable conditions of approval, including addressing traffic circulation and control. A benefit of the Interim Use Permit is the ability to impose reasonable conditions, including dates or events in which the IUP expires and a new one must be applied for. Should the Planning Commission feel the requested number of events Staff requests that the Planning Commission determine what an appropriate number would look like, or what if any, additional controls/conditions would be required to make any future requests amiable. ALTERNATIVES The Planning Commission must act on the Interim Use Permit at this meeting. A 60-day extension for review has already been issued for this permit request the deadline of which is July 22, 2023. A. Approval. If the Planning Commission finds the request in conformance with City Code requirements for the issuance of an Interim Use Permit, it could approve the Interim Use Permit with the conditions outlined in the resolution. B. Denial. If the Planning Commission finds the request to be inconsistent with the City code, it could deny the application. With a denial, the basis of the action would have to be reflected on the record. RECOMMENDATION Staff continues to be generally supportive of the request, but seeks Planning Commission Direction on details of approval (such as appropriate number of events and duration). Staff would recommend approval of the Interim Use Permit with the conditions outlined in the resolution. ACTION REQUESTED Motion to adopt the resolution approving the Interim Use Permit request to allow five outdoor per year located at 225 Main Street North, based on the above conditions within this report. City of Stillwater Washington County, Minnesota RESOLUTION PC2023-11 RESOLUTION GRANTING INTERIM USE PERMIT FOR OUTDOOR EVENTS A YEAR IN THE CENTRAL BUSINESS DISTRICT LOCATED AT 225 MAIN STREET NORTH WHEREAS, the City of Stillwater received an Interim Use Permit from Brian Carlson ("Applicant"), located at 225 Main Street North, legally described as in Exhibit A (the "Property"), regarding use of property for multiple outdoor events; and WHEREAS, on June 28, 2023, the City Planning Commission for the City of Stillwater considered the interim use permit. NOW, THEREFORE, BE IT RESOLVED, that the City Planning Commission of the City of Stillwater hereby approves the interim use permit for use of the Property for multiple outdoor events, contingent upon the following. Findings 1. The use conforms to the zoning regulations; 2. The date or event that will terminate the use can be identified with certainty; 3. Permission of the use will not impose additional costs on the city if it is necessary for the city to take the property in the future; and 4. The user agrees in writing to any conditions that the Planning Commission deems appropriate for permission of the use Conditions 1. An outdoor event permit must be applied for and approved by staff prior to each event to ensure compliance with the Interim Use Permit. 2. The applicant cannot have more than eight events per year, with no more than two events per month. 3. The events shall comply with City Code Section 52-19 Noise control and regulation. 4. Any lighting proposed as part of event shall be temporary in nature and removed after each event. 5. Any event related signage shall be removed within 24 hours after the event ending. 6. All plans shall be reviewed and approved by applicable fire and building inspection personal prior to production occurring. 7. The maximum capacity of the outdoor venue shall not exceed 250 people. 8. All outdoor events and amplified noise shall terminate at 10:00 p.m. 9. All changes to the approved plans will need to be reviewed and approved by the Community Development Director. Any major changes will need to go to the Planning Commission for review and approval. 10. The Interim Use Permit shall terminate or be brought before the Planning Commission should there be a change in ownership of facility and/or expansion of facility and use. 11. Any violation of the above conditions or of any section of the Stillwater City Code could result in the revocation of the Interim Use Permit. 12. Per City Code, the Community Development Director may approve annual extensions administratively as allowed by City Code Section 31-207 Subd. 8. Adopted by the City Planning Commission this 28th day of June, 2023. ATTEST: CITY OF STILLWATER John Dybvig, City Planning Commission Chair Tim Gladhill, Community Development Director 2 EXHIBIT A Legal Description of the Applicant's Property Abstract Property Type Parcel ID: 28-030-20-14-0070 All that part of Block 18 of the Original Town, now City of Stillwater, described as follows, to wit: Beginning at the point of intersection of the Easterly line of Main Street, as shown on said recorded plat of the Original Town, now City of Stillwater, with the Southerly line of Mulberry Street, as shown on said recorded plat of the Original Town, now City of Stillwater; thence South 17046'50" East, assumed bearing, along said Easterly line of Main Street, 102.39 feet; thence North 71 °56'42" East 119.99 feet, more or less, to the Westerly line of Water Street, as the same was created by resolution of the City of Stillwater, said resolution being recorded in Book 74 of Deeds page 122: thence North 17°46'56" West, along said Westerly line of Water Street 99.60 feet, more or less, to said Southerly line of Mulberry Street; thence South 73°16'37" West; along said Southerly line of Mulberry Street; 120.00 feet, more or less, to the point of beginning. :►9 All that part of Block 18 of the Original Town, now City of Stillwater, described as follows, to wit: Commencing at the point of intersection of the Easterly line of Main Street, as shown on said recorded plat of the Original Town, now City of Stillwater, with the Southerly line of Mulberry Street, as shown on said recorded plat of the Original Town, now City of Stillwater; thence South 17°46'50" East, assumed bearing, along said Easterly line of Main Street,102; 39 feet to the point of beginning of the parcel being described; thence continuing South 17°46'50" East along said Easterly line of Main Street, 46.00 feet; thence North 71 °56'42" East 119.99 feet, more or less, to the Westerly line of Water Street, as the same, was created by resolution of the City of Stillwater, said resolution being recorded in Book 74 of Deeds, page 122; thence North 17046'56" West, along said Westerly line of Water Street, 46.00 feet, more or less, to the intersection with a line which bears North 71056,42" East from the point of beginning; thence South 71 °56'42" West 119,99 feet, more or less, to the point of beginning. Except from the above two parcels the following described property:That part of Block 18 described as follows, being the Easterly 20 feet of that part of said block lying Westerly of the Westerly right of way line of North Water Street and South of the South line of Mulberry Street and, lying Northerly of the following described line: commencing at the point of intersection of the East line of said Main Street with said South line of Mulberry Street thence South 17°46,50" ^ East assumed bearing along said Easterly line of Main Street distant.148.39 feet; thence North 71 056'42" East for a distance of 100 feet being the point of beginning of the line being described thence continuing North 71 °56'42" East.a distance of 20 feet to the Westerly line of said Water Street arid said line there terminating. AND That part Block 18 of the Original Town, now City of Stillwater, described as follows: The easterly 20 feet of. that part of said Block lying westerly of the westerly Right of Way line of North Water -Street & South of the South line of Mulberry Street & lying Northerly of the following described line: Commencing at the point of intersection of the easterly line of said Main Street with said South line of Mulberry Street; thence South 17 degrees 46 minutes 50 seconds east assumed bearing along said Easterly line of Main Street -a distance of 148.39 feet; thence North 71 degrees 56 minutes 42 seconds east for a distance of 100 feet being POB line described; thence continuing North 71 degrees 56 minutes 42 seconds East a distance of 20 feet to the westerly line of said Water Street and said line there terminating. Ell City of Stillwater Washington County, Minnesota RESOLUTION PC2023-11 RESOLUTION GRANTING INTERIM USE PERMIT FOR FIVE OUTDOOR EVENTS A YEAR IN THE CENTRAL BUSINESS DISTRICT LOCATED AT 225 MAIN STREET NORTH WHEREAS, the City of Stillwater received an Interim Use Permit from Brian Carlson ("Applicant"), located at 225 Main Street North, legally described as in Exhibit A (the "Property"), regarding use of property for mulitple outdoor events; and WHEREAS, on June 28, 2023, the City Planning Commission for the City of Stillwater considered the interim use permit. NOW, THEREFORE, BE IT RESOLVED, that the City Planning Commission of the City of Stillwater hereby approves the interim use permit for use of the Property for multiple outdoor events, contingent upon the following. Findings 1. The use conforms to the zoning regulations; 2. The date or event that will terminate the use can be identified with certainty; 3. Permission of the use will not impose additional costs on the city if it is necessary for the city to take the property in the future; and 4. The user agrees in writing to any conditions that the Planning Commission deems appropriate for permission of the use Conditions 1. An outdoor event permit must be applied for and approved by the Community Development Director (or their delegate)# prior to each event to ensure compliance with the Interim Use Permit. 2. The applicant cannot have more than eig#t-five events per year, with no more than two events per month. 3. The events shall comply with City Code Section 52-19 Noise control and Fegu�at;---.regulation, ensuring that noise does not exceed prescribed decibel limits during designated quiet hours. 4. Any lighting proposed as part of event shall be temporary in nature and removed after each event. 5. Any event related signage shall be removed within 24 hours after the event ending. 6. All plans shall be reviewed and approved by applicable fire and building inspection personal prior to production occurring. 7. The maximum capacity of the outdoor venue shall not exceed 250 people. 8. All outdoor events and amplified noise shall terminate at 10:00 p.m. 9. All changes to the approved plans will need to be reviewed and approved by the Community Development Director. Any major changes will need to go to the Planning Commission for review and approval. 10. The Interim Use Permit shall terminate or be brought before the Planning Commission should there be a change in ownership of facility and/or expansion of facility and use. 11. Any violation of the above conditions or of any section of the Stillwater City Code could result in the revocation of the Interim Use Permit. 12. As this Interim Use Permit allows more events than normally permitted, it is required that the permit is subject to review by the Planning Commission annually, rather than an administrative extension by the Community Development Director. This annual review will ensure continued compliance with conditions and any new regulations, as per City Code Section 31-207 Subd.8. Per City Gede the Community Development DireGtGF may approve annual extensions administratively as allowed by ;+.. r-.4- SeEtien 31 207 S , d. 8. Adopted by the City Planning Commission this 28th day of June, 2023. ATTEST: CITY OF STILLWATER John Dybvig, City Planning Commission Chair Tim Gladhill, Community Development Director 2 EXHIBIT A Legal Description of the Applicant's Property Abstract Property Type Parcel ID: 28-030-20-14-0070 All that part of Block 18 of the Original Town, now City of Stillwater, described as follows, to wit: Beginning at the point of intersection of the Easterly line of Main Street, as shown on said recorded plat of the Original Town, now City of Stillwater, with the Southerly line of Mulberry Street, as shown on said recorded plat of the Original Town, now City of Stillwater; thence South 17°46'50" East, assumed bearing, along said Easterly line of Main Street, 102.39 feet; thence North 71 °56'42" East 119.99 feet, more or less, to the Westerly line of Water Street, as the same was created by resolution of the City of Stillwater, said resolution being recorded in Book 74 of Deeds page 122: thence North 17046'56" West, along said Westerly line of Water Street 99.60 feet, more or less, to said Southerly line of Mulberry Street; thence South 73016'37" West; along said Southerly line of Mulberry Street; 120.00 feet, more or less, to the point of beginning. :►9 All that part of Block 18 of the Original Town, now City of Stillwater, described as follows, to wit: Commencing at the point of intersection of the Easterly line of Main Street, as shown on said recorded plat of the OriginaJ Town, now City of Stillwater, with the Southerly line of Mulberry Street, as shown on said recorded plat of the Original Town, now City of Stillwater; thence South 17°46'50" East, assumed bearing, along said Easterly line of Main Street, 102;39 feet to the point of beginning of the parcel being described; thence continuing South 17°46'50" East along said Easterly line of Main Street, 46.00 feet; thence North 71 °56'42" East 119.99 feet, mpre or less, to the Westerly line of Water Street, as the same, was created by resolution of the City of Stillwater, said resolution being recorded in Book 74 of Deeds, page 122; thence North 17046'56" West, along said Westerly line of Water Street, 46.00 feet, more or less, to the intersection with a line which bears North 71056,42" East from the point of beginning; thence South 71 °56'42" West 119,99 feet, more or less, to the point of beginning. Except from the above two parcels theTollowing described property: That part of Block 18 described as follows, being the Easterly 20 feet of that part of said block lying Westerly of the Westerly right of way line of North Water Street and South of the South line of Mulberry Street and, lying Northerly of the following described line: commencing at the point of intersection of the East line of said Main Street with said South line of Mulberry Street thence South 17°46,50" ^ East assumed bearing along said Easterly line of Main Street distant.148.39 feet; thence North 71 °56'42" East for a distance of 100 feet being the point of beginning of the line being described thence continuing North 71 °56'42" East.a distance of 20 feet to the Westerly line of said Water Street arid said line there terminating. AND That part Block 18 of the Original Town, now City of Stillwater, described as follows: The easterly 20 feet of. that part of said Block lying westerly of the westerly Right of Way line of North Water -Street & South of the South line of Mulberry Street & lying Northerly of the following described line: Commencing at the point of intersection of the easterly line of said Main Street with said South line of Mulberry Street; thence South 17 degrees 46 minutes 50 seconds east assumed bearing along said Easterly line of Main Street -a distance of 148.39 feet; thence North 71 degrees 56 minutes 42 seconds east for a distance of 100 feet being POB line described; thence continuing North 71 degrees 56 minutes 42 seconds East a distance of 20 feet to the westerly line of said Water Street and said line there terminating. EI ; 0, lit 0-0m" ,'s%, ,� r v �w_ oo YA �. 10 'a',' . Im Ill ■ o i � 2023 - 2024 Event Outlook: During the busy season, River Siren Brewing Co. would like to host the following events annually. There would be no more than two events per month (see sample calendar) and we would avoid large events such as Lumber Jack Days and Harvest Fest. The following events are listed below based on 2023 calendar, noting that it's already too late to organize Sunshine Fest and 4th of July event. Potential Summer Events Sunshine Fest (this will be inside the brewery in 2023 but leaving for context of years to come) June 24, 2023 (every third weekend in June) We'd be hosting a brewery + parking lot event to raise money for LifeSource and raise awareness for the City of Stillwater as a designated Donate Life city. Set-up would take Friday afternoon, June 23 (*see details in event set-up details below). Event would begin at open (11am) on Saturday, June 24 until close at 11pm. The brewery would be 'business as usual,' and the parking lot would be blocked off allowing for food trucks, family -friendly games and playhouses, and an outdoor beer pouring station (our beer trailer). Tear -down would take place after the event concludes and prior to open Sunday. Taste of St Croix Valley July 4 weekend (Friday, June 30 - Sunday, July 2) Local and neighboring distilleries, breweries and wineries would participate in the 'Taste of the St Croix River Valley.' We'd utilize the parking lot for establishments to set-up their booths. We would follow the normal set-up and tear -down protocol. We would also apply for the proper licensing to host outside alcohol at our event. Event set-up would occur Friday morning and the event itself would begin Friday evening through Sunday, July 2. We would tear -down prior to open July 3. Bands for the Brave September 9, 2023 (typically the second weekend in September) We'd be working with HOOAH to host a special concert series for the 6th year in a row (previously hosted with Maple Island ownership) benefiting Veterans and their families. HOOAH conducts a concert series on a stage set-up in our fenced in parking lot. There will be a smoker/food truck offering excellent BBQ. The music will begin at noon and end at 8pm. The event will go from noon until 10pm. Set-up will follow protocol (day before/day post). Oktoberfest (counts as 2 events for two weekends) September 22-24 and October 6-8 (typically the last weekend of September and first weekend of October) We'd be hosting two weekends throughout the brewery + parking lot to celebrate the holiday featuring German cuisine, games, beer and live music. Set-up will occur both weekends on Friday morning with the event starting Friday evening. Fencing and any parking lot set-up will be torn down during the week to allow for our normal operating business. Event details: We would apply for the proper permits to host outside food and alcohol if required (ie: Taste of St. Croix). All events would take into consideration noise and neighbors (10pm end time). All events would work in the best interest of neighboring establishments (the more business involved the better! (ie: Taste of St Croix Valley) Event set-upltear-down: Set-up would take place the day before the event and tear -down would take place right after and before business -open the following day. **some events set-up will take place the morning of the event (ie: Oktoberfest, Taste of St Croix) Parking lot events would include metal fencing around the perimeter of the event. Extra restrooms and trash receptacles would be obtained if needed. If an event is a multiple -weekend -event we would ensure the parking lot is usable for guests to park during non-event business hours (ie: if Oktoberfest is two consecutive weekends so the parking lot would be open M-Th in-between the weekend events) May Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 open open 9 10 7 8 11 12 13 open open open 16 17 14 15 18 19 20 open open open 23 24 21 22 25 26 27 open open open 30 31 28 29 open June Sun Mon Tue Wed Thu Fri Sat 1 2 3 8 open 9 open 10 4 5 6 7 open 15 open 16 open 17 11 12 13 14 open open open 20 21 18 19 22 23 24 Sunshine open setup Fest 27 28 25 26 29 30 setup AM tear down event PM July Sun Mon Tue Wed Thu Fri Sat 1 4th of July 8 open no events 22 open 29 open August Sun Mon Tue Wed Thu Fri Sat Sun Mon September Tue Wed Thu 3 4 5 6 7 10 tear down 11 12 13 14 17 18 no events 24 25 Oktoberfest teardown 19 20 21 26 27 28 Fri 11 2 Sat no events no events 8 9 Bands for setup the Brave IR 16 no events no events 22 23 setup AM event PM Oktoberfest 29 30 no events no event Sun Mon 1 2 8 9 Oktoberfest tear down 15 16 no events 22 23 open 29 30 open October Tue Wed 4 Thu 5 Fri 6 Sat 7 3 setup AM 12 event PM 13 Oktoberfest 14 10 11 no events no event 17 18 19 20 21 26 open 27 open 28 24 25 open open �l Water T H E B I R T H P L A C E O F M I N N E S O TA DATE: June 28, 2023 TO: Honorable Chair and Planning Commissioners FROM: Yasmine Robinson, Planning Manager SUBJECT: CD 2023-27: Interim Use Permit for Outdoor Musical Performances at 324 Main Street South (The Tilted Tiki) BACKGROUND The Applicant, Chris Goetzke is seeking an Interim Use Permit to allow outdoor musical performances on the patio located at 324 Main Street South (Tilted Tiki Restaurant). The project site is located in the Central Business District zoning district and lies within the Central Business District Historic and the Downtown Stillwater Design Review District. ANALYSIS AND FINDINGS In order to give flexibility to the district use regulations of the zoning code, which is necessary to achieve the objectives of the comprehensive plan, interim uses are allowed in certain districts subject to the granting of an interim use permit. Because of their temporary characteristics, interim uses require special consideration so they may be located properly with respect to the objectives of the comprehensive plan and with respect to their effects on surrounding properties. In order to achieve these purposes, the planning commission is empowered to grant and to deny applications for interim use permits and to impose reasonable conditions upon the granting of these permits. Uses authorized under this section shall be considered a conforming use, but only in accordance with the conditions set forth in the interim use permit. When making a decision on an Interim Use Permit application, the Planning Commission shall make the following findings: 1. The use conforms to the zoning regulations; 2. The date or event that will terminate the use can be identified with certainty; 3. Permission of the use will not impose additional costs on the city if it is necessary for the city to take the property in the future; and 4. The user agrees in writing to any conditions that the planning commission deems appropriate for permission of the use. The patio space has been used for live music in the past, but the use has not been formalized. The Tilted Tiki provides live music on the patio during warm weather months on Wednesdays (6-9 PM), Thursdays (6:30 — 9:30 PM) and weekends from 7 — 10 PM. Staff research did not find any noise or code violations for the subject property and have not received any complaints. With the recommended conditions found within the Resolution granting approval, Staff would recommend approval of this request. ALTERNATIVES A. Approval. If the Planning Commission finds the request in conformance with City Code requirements for the issuance of an Interim Use Permit, the application could be approved with the conditions outlined in the resolution. B. Denial. If the Planning Commission finds the request to be inconsistent with the City code, it could deny the application. With a denial, the basis of the action would have to be reflected on the record. C. Table. If more information is necessary, the Planning Commission could table the request. ACTION REQUESTED Motion to adopt the resolution approving the interim use permit for 324 Main Street South. City of Stillwater Washington County, Minnesota RESOLUTION PC2023-20 INTERIM USE PERMIT TO ALLOW FOR OUTDOOR MUSICAL PERFORMANCES AT 324 MAIN STREET SOUTH WHEREAS, the City of Stillwater received an Interim Use Permit Application for outdoor musical performances from Chris Goetzke ("Applicant"), located at 324 Main Street South, legally described as in Exhibit A (the "Property"), regarding outdoor musical performances; and WHEREAS, on June 28, 2023, the City Planning Commission for the City of Stillwater considered the interim use permit. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Stillwater hereby approves the interim use permit for outdoor musical performances. The approval of the interim use permit is subject to the following conditions: Findings: • The use conforms to the Zoning District • The date or event that will terminate the use can be identified with certainty • Permission of the use will no impose additional costs on the City if it is necessary for the City to take the Property in the future • The user agrees in writing to any conditions that the Planning Commission deems appropriate for permission of the use Conditions of Approval- 1 . The Applicant shall comply with City Code Section 52-19 (Noise control and regulation). 2. Any amplified outdoor sound is limited to the hours between 10.00 a.m. and 10.00 p.m. 3. All changes to the approved plans will need to be reviewed and approved by the Community Development Director. Any major changes will need to go to the Planning Commission for review and approval. 4. The Interim Use Permit shall terminate or be brought before the Planning Commission should there be a change in ownership of facility and/or expansion of facility and use. 5. Any violation of the above conditions or of any section of the Stillwater City Code could result in the revocation of the Interim Use Permit. 6. The Interim Use Permit may be renewed annually by the Community Development Director as allowed by City Code Section 31-207.1 Subd. 8. Adopted by the Planning Commission this 28th day of June, 2023. CITY OF STILLWATER John Dybvig, City Planning Commission Chair ATTEST: Tim Gladhill, Community Development Director EXHIBIT A Legal Description of the Applicant's Property ABSTRACT PROPERTY PID:2803020410064 Parcel 1: All that part of Lots 8, 9, and 25 of Block 29 of the Original Town (now City) of Stillwater according to the plat of record in the Office of the County Recorder, Washington County, Minnesota lying West of Main Street, East of Second Street, North of Nelson Street as described in Book V of Deeds on Page 187 and South of the following described line: Beginning at a point on the East line of said Lot 8 which is 15.00 feet South of the Northeast corner of said Lot 8; thence West at right angles to Main Street 300.00 feet to the East line of Second Street and said line there terminating. Which lies Easterly of a line 199.90 feet West of, as measured at right angles to the parallel with the East line of the above described tract, and situate in Washington County, Minnesota. Parcel 2: All that part of Lots 8, 9, and 25 of Block 29 of the Original Town (now City) of Stillwater according to the plat of record in the Office of the County Recorder, Washington County, Minnesota lying West of Main Street, East of Second Street, North of Nelson Street as described in Book V of Deeds on Page 187 and South of the following described line: Beginning at a point on the East line of said Lot 8 which is 15.00 feet South of the Northeast corner of said Lot 8; thence West at right angles to Main Street 300.00 feet to the East line of Second Street and said line there terminating. Which lies Westerly of a line 1999.90 feet West of, measured at right angels to and parallel with the East line of the above described tract, and situate in Washington County, Minnesota. City of Stillwater Washington County, Minnesota RESOLUTION PC2023-20 Iki119401►Yi11I+9:8a40Lh111it91_WKSIT A701zX911j0119191ZALi19169107_" PERFORMANCES AT 324 MAIN STREET SOUTH WHEREAS, the City of Stillwater received an Interim Use Permit Application for outdoor musical performances from Chris Goetzke ("Applicant"), located at 324 Main Street South, legally described as in Exhibit A (the "Property"), regarding outdoor musical performances; and WHEREAS, on June 28, 2023, the City Planning Commission for the City of Stillwater considered the interim use permit. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Stillwater hereby approves the interim use permit for outdoor musical performances. The approval of the interim use permit is subject to the following conditions: Findings • The use conforms to the Zoning District • The date or event that will terminate the use can be identified with certainty • Permission of the use will no impose additional costs on the City if it is necessary for the City to take the Property in the future • The user agrees in writing to any conditions that the Planning Commission deems appropriate for permission of the use Conditions of Approval: 1. The Applicant shall comply with City Code Section 52-19 (Noise control and regulation). 2. Any amplified outdoor sound is limited to the hours between 10:00 a.m. and 10:00 p.m. 3. All changes to the approved plans, muiuding but not limited to, changes in the scale, frequency, or type of events, will need to be reviewed and approved by the Community Development Director. Any major changes will need to go to the Planning Commission for review and approval. The Interim Use Permit shall terminate or be brought before the Planning Commission should there be a change in ownership of facility and/or expansion of facility and use, where "expansion of use" includes any increases in frequency or duration of events or any significant change in the nature of events being held. 4.5. In case of a defined threshold of noise complaints (to be determined by the City), the Interim Use Permit will be subject to review by the Planning Commission. 5 6. Any violation of the above conditions or of any section of the Stillwater City Code could result in the revocation of the Interim Use Permit. 7. The Interim Use Permit may be renewed annually by the Community Development Director as allowed by City Code Section 31-207.1 Subd. 8, subject to a yearly review and confirmation that all conditions are still being met. 6-.8. The maximum capacity for the patio space during the musical performances will be in accordance with the fire safety regulations determined by the local Fire Chief_ Adopted by the Planning Commission this 28th day of June, 2023. ATTEST: CITY OF STILLWATER John Dybvig, City Planning Commission Chair Tim Gladhill, Community Development Director 2 EXHIBIT A Legal Description of the Applicant's Property ABSTRACT PROPERTY PID:2803020410064 Parcel 1: All that part of Lots 8, 9, and 25 of Block 29 of the Original Town (now City) of Stillwater according to the plat of record in the Office of the County Recorder, Washington County, Minnesota lying West of Main Street, East of Second Street, North of Nelson Street as described in Book V of Deeds on Page 187 and South of the following described line: Beginning at a point on the East line of said Lot 8 which is 15.00 feet South of the Northeast corner of said Lot 8; thence West at right angles to Main Street 300.00 feet to the East line of Second Street and said line there terminating. Which lies Easterly of a line 199.90 feet West of, as measured at right angles to the parallel with the East line of the above described tract, and situate in Washington County, Minnesota. Parcel 2: All that part of Lots 8, 9, and 25 of Block 29 of the Original Town (now City) of Stillwater according to the plat of record in the Office of the County Recorder, Washington County, Minnesota lying West of Main Street, East of Second Street, North of Nelson Street as described in Book V of Deeds on Page 187 and South of the following described line: Beginning at a point on the East line of said Lot 8 which is 15.00 feet South of the Northeast corner of said Lot 8; thence West at right angles to Main Street 300.00 feet to the East line of Second Street and said line there terminating. Which lies Westerly of a line 1999.90 feet West of, measured at right angels to and parallel with the East line of the above described tract, and situate in Washington County, Minnesota. 13g & 152 pER 6K 6 BG�pS, PG P��EY 6K � . 1 STREET 1-3 �1 l water The Birthplace of Minnesota N WE s Site Location 324 Main Street South 0 25 50 100 Fe 6 General Site Location Ar 1W �r Suite 2 n 3w PATIO n ;! , -= r _ W nly.d n 1 \r MCI A ANGo - r� rNfT/ f�rl%fl \ e r\ 014 NOW If Nil' N NV � , _ �. ��� � � fF � �,� ce:\ ` ,III . � I �- � .� � � f� ! i If � IL � ,�'� � ,�� `S p �^ \, I ��� �.�, � �.1'� l �", ,�, ,�.,, '. Ill��� `��,_ , , / � ,ram, �� � �� � �� _ r.,,__ \ �, 'y� ••t , � e _ _ j `���_�Ci �`'� �� . ;. -�., ��_. �� ■ � �. r / �„ r �e�; �� -_ . I ��� �� � -- r -�; �I - i s e f Yrr I� � _ ��0 ���• w�• 1a e�.,�i�i�� _ � � A /1, �, � 1 �,�� � D "^ 1 / / Lam:: .. _ --- ' - �� ° i � � ..� r ,,,� �_ I-- - --�'l �r I t y '. ?N. �; r► "; �/ P ���� --- �' � I �' :, _ :; __ _..—_ _ — i�. x:.� 3. � � �'J �� .. �; � . � -. -� � � F �, __ �; �: A �� '' �. /i!. j 4. . _ r -.� .�. �.� ! , �I" � �,... � �.�..F� 1 �� ,.. � � 1i is q�� >n �x �: - r��� �uMC/ �� � „ �� � ��r��+ ��tu V�! �` � �< <� ,. � � y w�� _ r �_ � '� _ � �, _ , =-=-- � _ _ T �� �� , - �� .. ,- _ J --- lF T ,� �* +� ram:. _. G � ,,�. i i �� � w i }� � �� - �— i .l-j- � - 5 � '�' - ` 1 _--.P.. �i Decision -Making Authority In the chart below, it shows the changes we are making to the decision -making authority. Permits such as grading and vegetation removal will be reviewed administratively. Another change is that the decision -making authority for CUPs, IUPs, Zoning Amendments (text and map) and Site Plan approval (new process discussed below) will rest with the Council. The PC will hold the Public Hearing on all land use applications and make a recommendation to the CC. The PC will still make final decisions on Variances. Public Hearing Requirements and Decision -Making Authority Permits/Action Recommendation Action Appeals Board Administrative Decisions CDD PC Conditional use permit PC PC —CC CC Certificate of compliance CDD CC Design permit HPC CC Grading ' FB-B PG Heritage Preservation Use Variance PC HPC CC Interim use permit PC CC Planned unit development PC CC EBB EE EE Sign design approval st-aff HPC/CDD 14PCCC Site plan review PC CC Variance PC CC Site alto-atior Demolition ermit HPC CC EBB CG Zoning ordinance text/map PC CC Elimination of the parking tax Section 31-510 subd. 4. The city used to charge a "payment in lieu" when a developer could not meet the required parking stalls for its use. When this payment became difficult to collect, the City passed an ordinance which instead of imposing a payment, levies a tax on the developers, which is collected every year with property taxes. The authority for this tax is based on a statute, which requires the city to have certain parking facilities and then determine the users of those facilities and impose a tax based on usage. We are recommending the elimination of this "parking tax" and instead, the City will increase the fees collected at its pay lots to pay for the City's parking infrastructure and future needs. Site Plan Currently, there is no official process to review new development or redevelopment. Planning applications that involve construction as part of a conditional use permit or variance are requested to submit plans, but we have no official comprehensive site plan process to review all aspects of a development. The proposed Site Plan process sets forth several steps for a developer: 1. Optional Pre -application review by City Staff. This allows a potential applicant to pay a fee to submit documentation for informal comments prior to a complete submission of an application. It gives a potential applicant valuable feedback, without getting free advice. 2. Formal Site Plan. All of the documentation is submitted and presented to the Planning Commission for its recommendation. a. The Council must approve or deny the application and may impose reasonable conditions 3. Exempt from Site Plan and can proceed to building permit a. Single family homes b. Recreational structures in a park 4. Administrative Approval. Some applications may be submitted to the Community Development Director for administrative approval: a. Where 10% or less of the existing floor area or site area is being expanded or modified and there are no compliance issues at the property The proposed Site Plan ordinance is attached. Park Dedication Fees While a complete revision is coming later in 2024, we are introducing a new Park Dedication ordinance (which is currently found in the chapter on City Parks, Chapter 48, Article II) to better align with the current law. As part of a plat, State law allows cities to require development to preserve part of its development for public use: Minn. Stat. 462.358 Subd. 2b. Dedication. (a) The regulations may require that a reasonable portion of the buildable land, as defined by municipal ordinance, of any proposed subdivision be dedicated to the public or preserved for public use as streets, roads, sewers, electric, gas, and water facilities, stormwater drainage and holding areas or ponds and similar utilities and improvements, parks, recreational facilities as defined in section 471.191, playgrounds, trails, wetlands, or open space. The requirement must be imposed by ordinance or under the procedures established in section 462.353, subdivision 4a. However, this does not get to be a "land grab" or "money grab" by the City. The State law provides further direction on the extent to which land or cash should be calculated: (c) The municipality may choose to accept a cash fee as set by ordinance from the applicant for some or all of the new lots created in the subdivision, based on the average fair market value of the unplatted land for which park fees have not already been paid... "Fair market value" means the value of the land as determined by the municipality annually based on tax valuation or other relevant data. If the municipality's calculation of valuation is objected to by the applicant, then the value shall be as negotiated between the municipality and the applicant, or based on the market value as determined by the municipality based on an independent appraisal of land in a same or similar land use category. While the use of formulas to evaluate park dedication fees has been an acceptable practice for years, there is recent caselaw that requires an individual evaluation of each project to determine the impact of the development or project on a city's park system. To that end, we have prepared an ordinance that uses both a formula and provides language to give the flexibility to apply other factors to determine the appropriate amount of park dedication fees. For example, a 100-unit market rate apartment building will not have the same impact on the parks system as a 100-unit assisted living facility which will also not have the same impact as a 100,000 square foot warehouse with 5 employees. The fee schedule will set the not -to -exceed fees, but it may be adjusted depending on the specific development. Current park dedication fees are as follows: Single family residential $2,000/unit Duplex $1,500/unit Townhomes $1,500/unit Multi -family $1,500/unit Commercial and industrial properties will be evaluated based on each development. Cities are not allowed to put the cash fees in the city's general fund or use it for ongoing maintenance for existing parks, but must use it for the development of new parks or new improvements to old parks- (g) Cash payments received must be used only for the acquisition and development or improvement of parks, recreational facilities, playgrounds, trails, wetlands, or open space based on the approved park systems plan. Cash payments must not be used for ongoing operation or maintenance of parks, recreational facilities, playgrounds, trails, wetlands, or open space. This new ordinance will be moved to the Subdivision Regulations and is attached for your convenience ACTION REQUESTED Hold the public hearing and make a recommendation to the council on the ordinance amendments. Attachments: Proposed Site Plan Ordinance and Park Dedication Fee Ordinance Revised Subdivision Ordinance and Zoning Ordinance 11 Sec _-_. Site plan review. Subd. 1. Pre -application sketch review process. (1) Prior to the submission of a site plan application, potential applicants may present a sketch to the Community Development Director. The sketch may be conceptual and may include the following related materials: (a) A scale drawing of the proposed site with reference to existing development within two hundred (200) feet of adjacent properties. (b) General location of proposed structures. (c) Tentative street arrangements, both public and private. (d) Amenities to be provided such as recreational areas, open space, walkways, etc. (e) General location of parking areas. (f) Proposed public sanitary sewer, water and storm drainage. (g) A statement showing the proposed density of the project with the method of calculating said density also shown. (h) Topographic contours at two -foot intervals. (i) Wetland delineation. (j) Proposed general schedule of development. (k) Information on the proposed developer. (1) Other information or materials useful in reviewing the sketch. (m) Letter of concurrence from landowner. (2) Requests for pre -application sketch review shall be submitted to the Community Development Director. The sketch shall be accompanied by a fee and a cash escrow as set forth in City Code Section . The sketch shall also be accompanied by written and graphic materials, the number, size, and format as prescribed by the Community Development Director, describing the proposed change, development, or use. The application shall be considered officially submitted and complete when the applicant has complied with all the specified information requirements. (3) The Community Development Director shall review the sketch and provide informal comments. The Community Development Director shall have the prerogative and authority to refer the sketch to the Planning Commission and/or City Council for discussion, review, and informal comment. Any opinions or comments provided on the sketch by the Community Development Director, Planning Commission, and/or City Council shall be considered advisory only and shall not constitute a binding decision. Subd. 2. Formal application site plan review. Procedures. The procedure for site plan review is as follows: (1) The property owner or the owner's agent shall meet with the Community Development Director to be advised of the procedures and obtain an application form. (2) The applicant shall file the completed application form together with the required exhibits and fees pursuant to City Code Section with the Community Development Director. (3) The Community Development Director shall submit the application to the Planning Commission for its review, comment and recommendation to the City Council. (4) The City Council shall, after receipt of the report of the Planning Commission, either approve or deny the application, within the timeframe established by Minn. Stat. §15.99. (5) The City Council may impose such restrictions or conditions as may be necessary to comply with the standards established by this Title, or to reduce or minimize the impacts upon other properties in the neighborhood and to better carry out the intent of the Comprehensive Plan and the Zoning Code. Any condition must be directly related to and must bear a rough proportionality to the impact created by the application. Subd. 3. Exempt from site plan review. Except in those cases specifically cited within this Section, the following shall be excepted from the requirements of this Section and shall be processed through the building permit review process: (1) Single-family dwellings and accessory structures; (2) Recreational structures and buildings in public parks. Subd. 4. Required site plan application information and materials. The following information and materials shall be required for the application: (1) A complete application form signed by all property owners. (2) All required fees and escrows. (3) A statement identifying all property owners of all land included within the proposal obtained from Washington County or a title or abstract company. (4) Accurate and to -scale development plans for the project area, the number of which to be provided as indicated on the application form, including the following minimum information: (a) North point and graphic engineering scale. (b) Location map showing relationship to street system and surrounding development. (c) Date of preparation and revision date(s). (d) Boundary line survey, including measured distances and angles which shall be tied to the nearest corner or section corner by traverse. (e) Existing and proposed right-of-way widths and names of proposed streets. (f) Site statistics including: i. Gross site acreage/minimum lot size in the zoning district. ii. Total stormwater management acreage. iii. Any wetland impact area and wetland replacement area. iv. Percent green space. C1 v. Net density. vi. Existing, proposed and required parking. (g) Locations of rights -of -way, driveways, parks and public lands, permanent buildings and structures, easements, section and corporate lines, water courses, marshes, wooded areas, rock outcrops, power transmission poles and lines and other significant features within the site and to a distance of two hundred feet (200') beyond the property boundary(ies). (h) Locations and dimensions for existing and/or proposed buildings or other structure(s); setbacks; walkways and bikeways; off-street parking and driveways; refuse and service areas including screening materials; loading areas and docks; any fencing including material type; and any signs. (i) Architectural renderings and specifications for exterior wall finishes and percentages proposed for all principal and accessory structures. (j) Colored site plan and elevations. (k) A utility plan showing all existing and proposed water, sanitary sewer and stormwater management utilities needed up to two hundred feet (200') beyond the project area boundary as well as pipe diameters, rim and invert elevations and pipe gradients for sanitary sewer and storm sewer mains. (1) A grading plan with topographic data for two hundred feet (200') around the subject property or around major features with intervals not exceeding two feet (2') except where the horizontal contour interval is one hundred feet (100') or more in which case a one -foot vertical interval shall be shown. All proposed stormwater management facilities, roadway gradients and spot elevations on parking lots and curb lines must also be shown on the grading plan. (m) Ingress and egress to property and proposed structures thereon and with particular reference to vehicular and pedestrian safety and convenience, traffic flow and control and access. (n) Screening and buffering with reference to type, dimensions and purpose. (o) Exterior lighting plans showing proposed exterior lighting and signs with reference to fixture types, height including base, glare, traffic safety, lumen levels at all property lines, and compatibility and harmony with properties in the district. (p) Landscape plan showing quantities, size, common and botanical names, mature heights and spreads, root type and locations of plants and areas of sod. (q) Stormwater management analysis, if required. (r) Sustainable design elements, if any. (s) Such other information as required by the Community Development Director. Subd. 5. Administrative approval. The site plans for certain projects, including but not limited to those types of projects listed below, may be reviewed and approved administratively by the Community 7 Development Director or their designee in coordination with the City's other departments and any relevant regulatory agencies, however, Community Development Director may, at their discretion, refer any site plan to the Planning Commission and City Council for review: (1) Proposed minor structural additions involving either up to ten percent (10%) or less of the total existing floor area or site expansions or modifications involving ten percent (10%) or less of the total existing site area which meet all ordinance requirements may be approved by the Community Development Director prior to the building permit being issued, and shall not require Planning Commission or City Council review, subject to the following: (a) This Section shall apply to all permitted residential and nonresidential uses which are subject to the site plan approval requirements of the Zoning Code, and to those conditional uses involving commercial and industrial uses, and for which the minor structural additions or site modifications do not significantly alter or conflict with the original intent and parameters of the approved conditional use. The Community Development Director shall determine what constitutes significant change. (b) This Section shall apply in the cases of new developments which have received City Council plan approval, but for which building permits have yet to be taken; and this section shall apply to existing developments for which there are on file City Council approved site plans. (c) Compliance with all ordinance requirements shall be construed to include all adopted policies and codes. (d) Unresolved disputes as to administrative application of ordinance requirements shall be referred to the Planning Commission and City Council following normal plan review and approval procedures. (e) Plans submitted for minor structural additions or minor site alterations under the terms of this section shall be the same as those required by the ordinance for site plan approval. Subd. 6. Lapse. The Site Plan approval shall lapse and become null and void if work is not commenced within 1 year of the date of approval. ARTICLE _ PARK LAND DEDICATION REQUIREMENTS Sec. - . Land dedication or cash contribution Subd. 1. Authority. Pursuant to Minnesota Statute 462.358, subd. 2(b), the City has authority to require a reasonable portion of the buildable land of any proposed subdivision be dedicated to the public or preserved for public use, including parks, recreational facilities, playgrounds, trails, wetlands, and public open space. In the alternative, the City may choose to accept a cash fee for some or all of the value of the dedication. Subd. 2. Purpose. The City recognizes that the preservation and creation of parks, recreational facilities, playgrounds, trails, wetlands, and public open space is essential to maintaining a healthful, safe and W desirable community. The City must not only provide these necessary facilities for the citizens of today, but also for the future needs of the City as described in the Comprehensive Plan and the Parks, Trails and Open Space Master Plan. It is recognized that the demand for park, recreational facilities, playground, trails, and public open space within a municipality is directly relate to the density and intensity of development permitted and allowed within any area. Greater densities mean greater numbers of people and higher demands for such public amenities. Subd. 3. Basis. The City shall conduct an individualized determination of the amount of land needed for the purposes set forth in this Chapter and shall demonstrate an essential nexus between the land dedication or cash fee, and the purpose sought to be achieved. The dedication or fee shall bear a rough proportionality to the need created by the proposed subdivision. Sec. - . Dedication of land The amount of land to be dedicated under this section will generally follow the schedules below, however the total amount required for dedication may increase or decrease based on the City's basis analysis. The City alone shall determine the location and configuration of any land dedicated, taking into consideration the suitability of the land for its intended purpose and the City's needs for park, playground, trail, or public open space. All land dedication determinations shall be based on the net area of the property. The "net area" of the property shall be the gross area of the property minus the area of wetlands, lakes, and streams below the ordinary high-water mark. The land dedicated for public use shall be in addition to property dedicated for streets, alleys, easements, storm water ponding, or other public ways. Subd. 1. Residential Property. UNITS PER ACRE ESTIMATED PERCENTAGE OF NET AREA 0-1.9 units 10% 2.0-3.5 units 11% 3.6-5.9 units 12% 6-10 units 13% 10+ units Additional .5% for each unit over 10 Non -Residential 7.5% of net developable land area Subd. 2. Mixed Use Property. Land contributions shall generally follow the percentages above and shall be based on the amount of land and number of units designated to residential use and the amount of land designated to non-residential uses. Sec. - . Cash contribution. At the City Council's sole discretion, a cash contribution may be accepted in whole or in part for the required land dedication under this Chapter. The park land dedication fee guidelines shall be determined by the City Council on an individualized basis. The amounts included in the City's fee schedule are for use as a general guideline. Subd. 1. Mixed Use Developments. Cash contributions shall be based on the amount of land and number of units designated to residential use and the amount of land designated to non-residential uses. l0i Subd. 2. Timing of payment. Cash contributions shall be paid prior to the release of the final plat or subdivision approval. Subd. 3. Use of payments. Cash payments received under this Section shall be placed in a special fund to be used only for the acquisition and development or improvement of parks, recreational facilities, playgrounds, trails, wetlands, or public open space based on the City's approved park systems plan. Subd. 4. Determining the amount of a Cash contribution or combination cash and land contribution. In the event the contribution is cash or a combination of cash and land, the City will first determine the total land dedication required pursuant to the basis analysis and then convert that total land dedication to its fair market value pursuant to Minnesota Statute § 462.358, subd. 2b(c). Once the total conversion from land to cash is determined, the fair market value of the land actually dedicated, if any, shall be subtracted and the remainder shall be the amount due in cash. Sec. _-_. Disputes and appeals. Any disputes or appeals arising under this Chapter regarding park land dedication shall be resolved pursuant to the requirements of Minnesota Statute § 462.358. 10 CODE OF ORDINANCES OF THE CITY OF STILLWATER, MINNESOTA Published in 2023 by Order of the City Council ,�v Page 286 of 481 Chapter 26 SUBDIVISIONS ARTICLE I. IN GENERAL Sec. 26-1. Purpose and intent. The process of dividing raw land or resubdividing existing parcels into development sites is known as subdividing or platting. Few activities have a more lasting effect upon the appearance and use of the land. Once the land has been subdivided and the streets and structures have been built, the basic physical character of a permanent addition to the City has been established. The welfare of the City is thereby affected. It is therefore important to the public that subdivisions be conceived, designed and developed in accordance with sound rules and proper standards. All subdivisions of land submitted for approval must comply with this chapter. It is the purpose of this chapter to: (1) Set design standards necessary to protect the public health, safety, morals, comfort, convenience and general welfare. (2) Preserve and protect wetlands, drainage areas, woodland a significant tree stands, ravines, blufflands and sloped areas. (3) Use natural drainage systems and when ponding— area's are created, integrate these areas into subdivision landscape plans. (4) Encourage well -planned, efficient and attractive subdivisions by establishing standards for design and construction. (5) Provide for the health and safety of re 7erequiAng properly designed streets, sewage and water systems. (6) Secure the right of the people to accesds and water. (7) Locate neighborhood parks and trail systems to provide convenient access between residential lots and parks, open space and other destinations in the City. (8) Provide for the coordinated planning of public facilities with land already developed and areas yet to develop. (9) Coordinate the subdivision design and provision of public facilities with adjacent land areas. (10) Ensure that improvements are paid for by those benefiting from their construction. (Code 1998, § 32-1(subd. 1); Ord. No. 837, 2-18-1997; Ord. No. 1123, § 1, 5-21-2019; Ord. No. 1126, § 5, 6-18-2019) Sec. 26-2. Scope. This chapter applies to subdivision activity within the City after the effective date of Ordinance No. 837. Where this chapter imposes a greater restriction upon land than is imposed by law, ordinance, contract or deed, the provisions of this chapter control. (Code 1998, § 32-1(subd. 2); Ord. No. 837, 2-18-1997; Ord. No. 1123, § 1, 5-21-2019; Ord. No. 1126, § 5, 6-18-2019) See. 0 0. DefiWitions and r*ks of eenstmedon. Ruks 4eonsowe&n. Words used in the present tense inelude the past and future > ; the word "must" is mandatory, and the word "may" is per -missive. in the event of eonflicting provisions or inteFpFetations in the text of this ehapteF, the moFe FestFietive inter-pFetation will apply. (Code 1998 § 32 1(s4d. 2); OFd. No. 837, 2 18 1997; QFd No. 1123, § 1, 5 21 2019; Ord No 1126, § 5, 18 2019) Page 287 of 481 Sec. 26-3. Definitions. The following words and phrases, when used in this chapter, shall have the meanings respectively ascribed to them in this section, except where the context otherwise requires. Alley means a public way primarily designed to serve as secondary access to the side or rear of property with principle frontage on another street. Block means an area of land within a subdivision that is entirely bounded by streets or a combination of streets, exterior boundary lines of the subdivision, bodies of water or other topographic features. Boulevard means the part of the street right-of-way between the curbline and the property line. Butt lot means a lot at the end of a block between two corner lots. Cluster development means a development approach where lots are reduced in size and buildings sited closer together, but the total development density does not exceed that which could be constructed on the site under conventional zoning and subdivision regulations. The additional land that remains undeveloped is then preserved as open space. Collector street means a street that carries traffic from local streets to minor arterials, or from minor arterial to minor arterial. It can include the principal entrance streets of a residential development or provide for circulation within such a development. Comprehensive plan means the plan prepared by the City, including a compilation of policy statements, including goals, objectives, policies, programs, standards and maps indicating the general locations recommended for the various land uses, parks and open space. Contour map means a map on which elevations of the land surface are shown by lines connecting points of equal evaluations. A contour interval is the distance between contour lines. Copy means a print made from a tracing or a photocopy. Corner lot means an abutting lot on two or ore intersecting streets. Cul-de-sac means a local street with one oCt having a turnaround for the reversal of traffic movement. Developable land means that area of a property exclusive of those areas that are prohibited from development due to steep slopes (greafer than 25 percent), wetlands or other areas protected by ordinance or legal agreement. i Development means a con ction project including substantial property improvement and, usually, a change of land use within the site; the act of using land for building or extractive purposes. Double frontage lots means lots that have a front line abutting on one street and a back or rear line abutting on another street. Drainage course means land used for the drainage of surface water. Easement means a grant by an owner of land for a specific use by persons other than the owner. Environmental quality requirements means those measures of protection necessary to ensure against adverse environmental impact on land deemed environmentally sensitive by the City due to the existence of wetlands, drainageways, watercourses, floodable areas, steep slopes or other environmental features. Such measures are contained in the environmental ordinances listed in Section 26-113(b). Environmental review process means the process of examining the potential environmental impacts of a specific project. The review must include a description of the proposed project, analysis of potential impacts, alternatives and their potential impacts, and measures to mitigate the potential environmental impacts. The review may be an EAW, EIS, or an alternative environmental assessment method. Joint board means the joint board created by the Township and City of Stillwater for joint planning and land use control pursuant to the orderly annexation agreement between the Township and City adopted on August 16, 1996. Page 288 of 481 Local street means a street of limited continuity used primarily for access to the abutting properties and the local needs of a neighborhood or area. Location map means a map drawn at a comparatively small scale which shows the areas proposed to be platted in relation to known geographical features, such as town center, lakes, roads or neighborhoods. Lot means a parcel of land occupied or suitable for being occupied by a building and the accessory building or uses customarily incidental to it. Metes and bounds description means a description of real property which is not described by reference to a platted lot or block but is described by starting at a known point and describing the bearings and distances of the lines forming the boundaries of the property. Minimum subdivision design standards means the guides, principles and specifications for the preparation of subdivision plans indicating, among other things, the minimum and maximum dimensions of the various elements required in the plat. Modification means a variation of the provisions of this chapter, as applied to a specific piece of property. Natural waterway means a natural passageway on the surface of the earth having a topographical nature that surface water flows through from other areas before reaching a ponding area or tributary. Orderly annexation area means the area designated as being in need of orderly annexation as described in section 2 of the orderly annexation agreement made between the Township and City of Stillwater on August 16, 1996. k Owner means an individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity having sufficient proprietary interest in the land sou to be subdivided to commence and maintain proceedings to subdivide the land under this chapter. �� � Partial streets means that part of a street which together with another part or other parts make up a street that conforms to the design standards set forth in Article IV of this chapter. Pedestrian way means a public right-of-way across or within a block to be used by the public. Plat, final, means the final map, drawing, or chart on which the subdivider's plan of subdivision is presented for approval filing with the County Registrar of Deeds or Registrar of Titles. Plat, preliminary, means the preliminary map, drawing or chart indicating the proposed layout of the subdivision. Private street means a streetNg as vehicular access to two or more parcels of land which is not dedicated to the public. Protective covenants means private restrictions on the use of private property within a subdivision for the benefit of the property owners, and for protection against undesirable aspects of development which would tend to impair property values. Reserve strips means any strip or parcel of land not included as a part of a buildable lot and held for development in the future. Right-of-way means land dedicated and publicly owned for use as a street or for other public purpose. School district means Independent School District No. 834. Sketch plan means a drawing showing the proposed subdivision of property. This plan need not be drawn to scale and exact accuracy is not a requirement. Street means a public thoroughfare which has been dedicated or deeded to the public for public use. A way for vehicular traffic, whether designated as street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, drive or court. Street width means the shortest distance between the lines delineating the right-of-way of a street. Subdivider means the owner, agent or person having control of the subdivision process. Page 289 of 481 Subdivision means the division of a parcel of land into two or more lots or parcels for the purpose of transfer of ownership or building development. The term "subdivision" includes resubdivision and relates to the process of subdividing or to the land subdivided. Subdivision Review Committee means a City staff committee comprised of the City Development Director, City Engineer, Fire Chief, Water Department representative and City Attorney. Surveyor means a land surveyor registered under the State laws. Zoning regulations means the City zoning regulations as set forth in Chapter 28 controlling the use of land as provided therein. (Code 1998, § 32-1(subd. 3); Ord. No. 837, 2-18-1997; Ord. No. 1123, § 1, 5-21-2019; Ord. No. 1126, § 5, 6-18-2019) Sec. 26-4. Protection of natural features. The City Council reserves the right to decline approval of a subdivision if due regard is not shown for the preservation of all natural features such as large trees, lakes, rivers and other watercourses, scenic points, historical spots and similar City assets which, if preserved, will add attractiveness and stability to the proposed development of the property. (Code 1998, § 32-1(subd. 8)(1); Ord. No. 837, 2-18-1997; Ord. No. 1123, § 1, 5-21-2019; Ord. No. 1126, § 5, 6-18-2019) Sec. 26-5. Parks, open space and park dedication. All subdivisions are subject to park and trail dedication requirements pursuant to Article VI of this chapter. (Code 1998, § 32-1(subd. 8)(2); Ord. No. 837, 2-18-1997; Ord. No. 1123, § 1, 5-21-2019; Ord. No. 1126, § 5, 6-18-2019) Sec. 26-6. Planned developments. ly Planned developments must follow all platting procedure of this chapter and all planned development permit procedures of Chapter 28. (Code 1998, § 32-1(subd. 8)(3); Ord. No. 837, 2-18-f997; Ord. o. 1123, § 1, 5-21-2019; Ord. No. 1126, § 5, 6-18-2019) Sec. 26-7. Environmental review. All subdivisions are subject to environmental review requirements as described in Minn. R. ch. 4410 ehapter (Code 1998, § 32-1(subd. 8)(4); Ord. No. 837, 2-18-1997; Ord. No. 1123, § 1, 5-21-2019; Ord. No. 1126, § 5, 6-18-2019) Sec. 26-8. Building permits. No building permit may be issued for any construction, enlargement, alteration or repair, demolition or moving of any building or structure on any lot or parcel until all the requirements of this chapter have been fully met and a final plat has been recorded, unless approved by the City Council. (Code 1998, § 32-1(subd. 9)(1); Ord. No. 837, 2-18-1997; Ord. No. 1123, § 1, 5-21-2019; Ord. No. 1126, § 5, 6-18-2019) Sec. 26-9. Violations and penalties. Any person who violates any of the provisions of this chapter or who sells, leases or offers for sale or lease any lot, block or tract of land herewith regulated before all the requirements of this chapter have been complied with, is guilty of a misdemeanor and, upon conviction, is subject to fine or imprisonment. Each day that a violation is permitted to exist constitutes a separate offense. (Code 1998, § 32-1(subd. 9)(2); Ord. No. 837, 2-18-1997; Ord. No. 1123, § 1, 5-21-2019; Ord. No. 1126, § 5, 6-18-2019) Sec. 26-10. Invalidity of provisions with regard to specific property. If any court of competent jurisdiction adjudges invalid the application of any provision of this chapter to a particular property, building or structure, the judgment will not affect other property, buildings or structures. Page 290 of 481 any eetH4 of eompetefA jw4sdietion adjudges ", pf:evisiens of this ehapter- to be ifwalid, the judgment will not affeet any other- pr-&visiea of this ehapter- not speeifieally ineluded in the judgment. (Code 1998, § 32-1(subd. 9)(3); Ord. No. 837, 2-18-1997; Ord. No. 1123, § 1, 5-21-2019; Ord. No. 1126, § 5, 6-18-2019) Secs. 26-11--26-38. Reserved. ARTICLE 11. PLATTING PROCEDURE Sec. 26-39. Scope and applicability. The procedures in this article must be followed in the administration of this chapter. No real property within the jurisdiction of this chapter can be subdivided and offered for sale or a plat recorded until the final plat has been approved by the City Council as set forth in these procedures and filed with the County Recorder. Plans for cluster developments or planned unit developments, including housing, commercial, industrial and other uses or for any combination of uses designed for sale or rental purposes shall be presented in the same manner as other plats for review by the Planning Commission and the approval of the City Council. (Code 1998, § 32-1(subd. 4); Ord. No. 837, 2-18-1997; Ord. No. 1123, § 1, 5-21-2019; Ord. No. 1126, § 5, 6-18-2019) Sec. 26-40. Administrative review. (a) It is acknowledged by the City that certain forms of property subdivision do not result in the creation of additional parcels of land or are specifically exempted from the definition of the term "subdivision" as defined by Minn. Stats. § 462.352. In these instances it is deemed appropriate to permit administrative approval of property division requests. ,,K � (b) The following types of property division requests all require only administrative approval: (1) The creation of parcels of 20 acres in area, r greater, with a minimum lot width of 500 feet in a residential zoning district. M (2) The creation of parcels of five acres in area, or greater, with a minimum lot width of 300 feet in a commercial/industrial zoning district. (3) Property line adjustments that do not result in (he creation of an additional parcel of land. All parcels involved must continue to meet all dimensional, area and setback requirements of the zoning district in which the properties are located. - -dW#mK (4) Property line adjustments resulting from court orders. (5) The creation of cemetery lots. (c) Applicants for administrativ approval of a property division must submit the following information to the City Development Department: (1) A scaled topographic certificate of survey showing the parcel of record and the proposed parcel boundaries to be established, including the dimensions and areas of the proposed parcels. (2) Legal description of parcel of record and proposed legal description of parcels to be created. (d) Conditions of approval upon property subdivision requests may be required by the administrative authority. (e) The approval of property division must be in writing. One copy of such approval and certificate of survey shall be retained by the City Development Department, a second copy of the approval and certificate of survey shall be retained by the applicant and a third copy of the approval and certificate of survey shall be conveyed by the subdivider to the County Recorder's office. The written approval shall include the legal description of the parcel of record being divided, legal descriptions of the newly approved parcels and any conditions attached to the approval. The subdivider shall provide documentation that the recording has occurred to the City Development Department. (f) Any request for administrative approval of a property division that is submitted, but does not meet the criteria stated above, shall be rejected and returned to the applicant with directions on how to proceed to request approval through either the subdivision platting or minor subdivision procedures. Page 291 of 481 (Code 1998, § 32-1(subd. 4)(1); Ord. No. 837, 2-18-1997; Ord. No. 1123, § 1, 5-21-2019; Ord. No. 1126, § 5, 6-18-2019) Sec. 26-41. Lot split. In the case of a request to divide a lot when the division is to permit the adding of a parcel of land to an abutting lot or to create two lots and the newly created property line will not cause the other remaining portion of the lot to be in violation of this chapter or the zoning chapter, the division may be approved by the City Council after submission of a survey and legal description by a registered land surveyor showing the original lot and the proposed subdivision. Following approval, the owner shall place iron monuments marking the newly created lots. (Code 1998, § 32-1(subd. 4)(2); Ord. No. 837, 2-18-1997; Ord. No. 1123, § 1, 5-21-2019; Ord. No. 1126, § 5, 6-18-2019) Sec. 26-42. Land division and consolidation. In any case where the division of land into two or more lots or parcels for the purpose of transfer of ownership or building improvements is not specifically provided for in the provisions of this chapter, a description of the land division must be filed with the City Council. No building permit may be issued for any construction, enlargement, alteration or repair, demolition or moving of any building or structure on any lot or parcel resulting from the division, until the division has been approved by the City Council and recorded with the County Recorder's office. Prior to the consideration of such division by the City Council, a certified survey must be submitted. (Code 1998, § 32-1(subd. 4)(3); Ord. No. 837, 2-18-97; Ord. No. 1123, § 1, 5-21-19; No. 1126, § 5, 6-18-19) Sec. 26-43. Registered land surveys. 2 All registered land surveys must be filed subject to the same procedure required for the filing of a subdivision plat. The standards and requirements set forth in this chapter apply to all registered land surveys. (Code 1998, § 32-1(subd. 4)(4); Ord. No. 837, 2-18-1997; Ord. No. 112§ 1, 5-21-2019; Ord. No. 1126, § 5, 6-18-2019) Sec. 26-44. Sketch plan; preapplication meeting. Prior to the submission of any plat for consideration �y the Planning Commission, the subdivider must meet with the City Development Department staff to learn what shall be expected of a subdivider and to determine the relationship of the proposed subdivision with zoning requirements, development regulations, and the Comprehensive Plan. The subdivider must present a sketch plan at the preapplication meeting which must contain, at a minimum, the following information: (1) Location map. (2) Plat boundary. 7 (3) North arrow and graphic scale. (4) Delineation of any wetlands, woodlands or steeply sloped areas. (5) Concept street layout. (6) Designation of proposed land use, including density or intensity of use, and zoning. (7) Description of existing site conditions. (8) General lot locations and layout, as related to general site conditions. (9) General relationship of development to surrounding lands including natural features, public improvements, parks and trails. (Code 1998, § 32-1(subd. 4)(5); Ord. No. 837, 2-18-1997; Ord. No. 1123, § 1, 5-21-2019; Ord. No. 1126, § 5, 6-18-2019) Sec. 26-45. Preliminary plat submission. (a) Filing. After the preapplication meeting a subdivider may file a preliminary plat. (b) Application. The subdivider must fill out a subdivision application as provided by the City Development Department. Page 292 of 481 (c) Number and type of plat copies. The subdivider shall furnish the City Development Director with 14 copies of the preliminary plat, a reduced copy (8 1/2 inches by 11 inches) suitable for overhead projection (hard copy and transparency) and supporting documents. (d) Fees. The subdivider shall pay fees as set forth by resolution of the City Council. A schedule of fees may be obtained from the City Development Department. (e) Review by City staff. The City Development Director must, upon receipt of the plat and application, refer the plat to the City Engineer, Water Department staff, Fire Chief, and ISD 834 for review and comment. (f) Review by State Department of Transportation. If the proposed subdivision abuts a State or federal trunk highway, the City Development Director must also refer one copy to the State District Department of Transportation for review as required by State law. (g) Review by State Department of Natural Resources. If the proposed subdivision adjoins a public body of water one copy must be referred to the State Department of Natural Resources for review and one copy to the water management organization if required by law. (h) Review by County Public Works Department. If the proposed subdivision borders or surrounds a County road, the subdivision shall be referred to County Public Works for comment. (i) Submission to Joint City/Township Planning Board. If the proposed subdivision is located in the orderly annexation area, the preliminary plat must be submitted to the City and Township Joint Planning Board for the board's review and comment on the consistency of the preliminary plat with the City's Comprehensive Plan and the orderly annexation agreement. 0) Time within which City Council decision must be made. The Cityrcouncil must make its decision on a preliminary plat within 120 days after the preliminary plat and compete application is accepted by the City Development Director. (k) Public hearing before Planning Commission. The Planning Commission must hold a public hearing, take action on the plat, and make a recommendation to the City Council in a written report. Notice to the public hearing must be as described in Subsection (1) of this section. (1) Public hearing before the City Council�Thp City Council must hold a public hearing on the plat. Notice of the purpose, time and place of the public hearing must be published in the official newspaper at least ten days prior to the hearing and copies of the notice must be mailed to all property owners within 350 feet of the proposed subdivision. (m) Subdivision or representative to attend hearings. The subdivider or his or her representative must appear before the Planning Commission and City Council in order to discuss the proposal and answer questions concerning the plat. (n) Effect of plat approval. Approval of the preliminary plat is an acceptance of the general layout and the subdivider may proceed toward fulfilling the necessary steps for final approval of the plat in accordance with the terms of approval. The preliminary plat approval does not constitute final acceptance of the subdivision. (o) City Council may require plat revisions. The City Council may require modification, changes and revisions of the plat, necessary to protect the health, safety, morals, comfort, convenience and general welfare of the City. (p) City Council may impose conditions. The City Council may impose reasonable conditions on preliminary plat approval. (q) Denial by City Council. If the plat is not approved by the City Council, the reasons for denial must be recorded in the proceedings and transmitted to the applicant. (r) Amended plat to follow same approval procedure as original plat. An amended preliminary plat must follow the same procedure as a new plat. (Code 1998, § 32-1(subd. 4)(6); Ord. No. 837, 2-18-1997; Ord. No. 1123, § 1, 5-21-2019; Ord. No. 1126, § 5, 6-18-2019) Page 293 of 481 Sec. 26-46. Final plat submission. (a) Generally. After approval of the preliminary plat, the final plat may be prepared. It must incorporate all changes, modifications and revisions required; otherwise, it must conform to the approved preliminary plat. A plat is required for all subdivisions of five or more lots. A certificate of survey is required for all subdivisions of less than five lots. (b) Partial plat; timetable for completion. In the case of large subdivisions, to be developed in stages, the subdivider may be granted permission by the City Council to prepare a final plat for only the portion of the approved preliminary plat which is proposed to be developed, provided the stage conforms with all the requirements of these regulations. The subdivider must submit an estimated time schedule for further staging of the platting and recording. (c) Compliance with chapter and State law required. All plats must comply with the provisions of State statutes and the requirements of this chapter. (d) Number and type of copies. The subdivider must file five copies of the final plat and a reduced copy (8 1/2 inches by 11 inches) suitable for overhead projection, (hard copy and transparency) and supporting documents with the City Development Director not later than one year after the date of approval of the preliminary plat. An electronic format of the plat must also be submitted. If this is not done, the approval of the preliminary plat will be considered void unless an extension for good reason is granted by the City Council. (e) Proof of title and other documents required. The subdivider must submit, with the final plat, a current abstract of title or a registered property certificate along with any unrecorded documents effecting title and an opinion of title by the subdivider's attorney. (Code 1998, § 32-1(subd. 4)(7); Ord. No. 837, 2-18-1997; Ord,�2 , , 5-21-2019; Ord. No. 1126, § 5, 6-18-2019) Sec. 26-47. Review of final plat. (a) Review by City Engineer and City Attorney; submission of report. The City Development Director must, upon receipt of the final plat, refer one copy to the City Engineer and City Attorney. The Engineer and Attorney must submit a report to the City Development Director within 15 days of receipt with their comments and recommendations on the final plat. _ (b) City Council may direct Planning Commission review. The City Council may refer the final plat to the Planning Commission for recommendation if the final plat is substantially different from the approved preliminary plat. The Planning Commission must submit a report to the City Council within 45 days. (c) Completion of required improvements. Prior to approval of the final plat, the subdivider must have installed all required improvements or executed an agreement with the City Council for their installation. Required improvements must conform to approved engineering standards and be in compliance with this chapter. (d) Time for City Council action on final plat. The City Council must take action on the final plat not more than 60 days after the plat is filed with the City Development Director. If the plat is not approved, the reasons for the action must be recorded in the official proceedings and transmitted to the subdivider. (e) Signing by mayor; recording by County Recorder. Upon receiving the final plat, the mayor may sign the plat and the subdivider must then record it with the County Recorder within seven days or the approved plat will be considered void. (f) Copies of recorded plat to be furnished to City Development Director. The subdivider must, immediately upon recording, furnish the City Development Director with a reproducible copy, either Cronaflex or its equivalent, of the recorded plat and three prints. Failure to furnish the copies is grounds for refusal to issue building permits for the lots within the plat. (Code 1998, § 32-1(subd. 4)(8); Ord. No. 837, 2-18-1997; Ord. No. 1123, § 1, 5-21-2019; Ord. No. 1126, § 5, 6-18-2019) Page 294 of 481 Secs. 26-48--26-67. Reserved. III A 10. 110 Mk ... . . . .. . . . . . . Page 295 of 481 . Mrs"R" 1111p@11 WIN The approval or- denial of altefnative design standards, and any conditions r-equir-ed must be a4taehed to the ARTICLE III. DATA SUBMITTAIMIREOUIREMENTS Sec. 26-68. Identification and description. Identification and description data shall include the following: (1) Location map. ^ `oe (2) Proposed name of subdivision. The namtmay not duplicate or be alike in pronunciation of the name of any other plat recorded in the County. (3) Legal description of the property. (4) Name and address of recordjwner and any agent having control of the land, subdivider, land surveyor, engineer and designer of the plan. (5) Graphic scale not less than one inch to 100 feet. (6) North point and key map of area showing well known geographical points for orientation within a one- half -mile radius. (7) Date of preparation. (8) An acknowledgement that the subdivider has received a copy of the orderly annexation agreement between the City and Township and that the subdivider is aware that the development must be consistent with the City's Comprehensive Plan and the orderly annexation agreement. (Code 1998, § 32-1(subd. 5)(2); Ord. No. 837, 2-18-1997; Ord. No. 1123, § 1, 5-21-2019; Ord. No. 1126, § 5, 6-18-2019) Sec. 26-69. Existing conditions. The following existing conditions must be shown: (1) Boundary lines must be shown clearly and to a degree of accuracy that no major changes are necessary. (2) Existing zoning classifications for land in and abutting the subdivision. (3) Approximate total acreage. Page 296 of 481 (4) Location, right-of-way width and names of existing or platted streets or other public ways, parks and other public lands, permanent buildings and structures and easements. Section, corporate and school district lines within the plan and within a distance 100 feet beyond must also be indicated. (5) Location and size of existing sewers, water mains, culverts or other underground facilities within the preliminary plan area and within a distance of 100 feet beyond. The grades and locations of catchbasins, manholes, hydrants and streets. (6) Boundary lines of adjoining unsubdivided or subdivided land, within 100 feet, identified by name and ownership, including all contiguous land owned or controlled by the subdivider. (7) Topographic data, including contours at vertical intervals of not more than two feet except where the horizontal contour interval is 100 feet or more, a one -foot vertical interval may be shown. Watercourses, marshes (delineated wetlands), wooded areas, rock outcrops, power transmission poles and lines and other significant features must be shown. USGS datum must be used for all topographic mapping, where feasible. (8) A copy of all proposed private restrictions must be submitted. (9) Percolation test and soil borings are required on soil areas rated moderate or severe limitations for disposal systems as stated in the Soil Handbook of the County Soil and Water Conservation District office if the area being subdivided does not have municipal sanitary sewer available to it. (10) If severe soil limitations for the intended use are noted in the Soil Handbook on file in the County Soil and Water Conservation District office, a description of the soil conservation practice or practices to be used to overcome the limitation must be made part of the permit application. (Code 1998, § 32-1(subd. 5)(3); Ord. No. 837, 2-18-1997; Ord?. 1123, § 1, 5-21-2019; Ord. No. 1126, § 5, 6-18-2019) Sec. 26-70. Proposed subdivision design features. The following design features shall be shown on the proposed subdivision: (1) Layout of proposed streets, showing right-of-way widths and proposed names of streets. (2) Locations and widths of proposed alleys, pede trian ways or trails and utility easements. (3) Layout numbers and preliminary dimensions of lots and blocks. (4) Proposed front and side street building setback lines. (5) Location and size of proposed sanitary sewer lines and water mains or proposed City sewer and water systems. (6) Gradients of proposed streets Sewer lines and water mains, if requested by the City Engineer. (7) Parks, trails and open space areas intended to be dedicated or reserved for public use, including the size of the areas in acres. (Code 1998, § 32-1(subd. 5)(4); Ord. No. 837, 2-18-1997; Ord. No. 1123, § 1, 5-21-2019; Ord. No. 1126, § 5, 6-18-2019) Sec. 26-71. Grading and drainage plan. The grading and drainage plan shall include the following: (1) Earthwork quantities. (2) Final grades (three to one maximum slopes). (3) Building pad elevations proposed first floor and garage elevations and building type. (4) Existing and proposed topography (two -foot contour intervals). (5) Drainage calculations. (6) Drainage around each building pad location. (7) Appropriate easements. Page 297 of 481 (8) A survey showing location and elevation of all roads, utilities and structures. (9) Tree survey showing all existing trees having a caliper of six inches or greater. (10) Development concept plan indicating how the recontoured parcel may be developed in a manner consistent with this chapter and the Comprehensive Plan. (11) Drainage plan which includes any engineering work calculating stormwater runoff rates and required retention. (12) Traffic analysis showing how the grading materials will be removed from or delivered to the site. (13) Two copies of soil borings together with boring location maps and any other soils information pertinent to improvements. (14) Schedule of building construction phasing. (Code 1998, § 32-1(subd. 5)(5); Ord. No. 837, 2-18-1997; Ord. No. 1123, § 1, 5-21-2019; Ord. No. 1126, § 5, 6-18-2019) Sec. 26-72. Erosion control plan. The erosion control plan shall include the method, location and detail of erosion control measures. The plan must be reviewed and approved by the City Engineer and SWCD. (Code 1998, § 32-1(subd. 5)(6); Ord. No. 837, 2-18-1997; Ord. No. 1123, § 1,"-&-2019; Ord. No. 1126, § 5, 6-18-2019) Sec. 26-73. Utility plan. 1 The utility plan shall include the plan and profile showing existing utilities, proposed utilities, connection with existing water main, sanitary sewer, storm sewers and any required easements. For plats in the portion of the City without public utilities, drainfield locations on propo lots must be shown located on undisturbed soil. Two sites must be identified for each lot. (Code 1998, § 32-1(subd. 5)(7); Ord. No. 837, 2-18-1997• rd. 1123, § 1, 5-21-2019; Ord. No. 1126, § 5, 6-18-2019) Sec. 26-74. Street plan. The street plan shall include the following: (1) Plan and profile showing internal roads, grades, lengths of cul-de-sacs and curve design data, both horizontal and vertical. ►K (2) Proposed connections to existing strei6ts or platted right-of-way. (3) Provisions for future extensions or connections to adjacent land. (4) Appropriate easements or right-of-way. (Code 1998, § 32-1(subd. 5)(8); Ord. No. 837, 2-18-1997; Ord. No. 1123, § 1, 5-21-2019; Ord. No. 1126, § 5, 6-18-2019) Sec. 26-75. Wetland plan. The wetland plan shall include the following: (1) All wetlands must be delineated in accordance with the 1989 Federal Manual for Identifying and Delineating Wetlands and 20-, 50- and 100-year flood levels must be located. (2) Plan showing any fill or draining of wetlands. (3) Proposed mitigation measures. (4) Any permits required and status of permits. (5) Required setbacks or buffer areas for all natural areas and wetlands as required by the City riverway bluffland/shoreland, floodplain, shoreland management and wetland conservation ordinances. (Code 1998, § 32-1(subd. 5)(9); Ord. No. 837, 2-18-1997; Ord. No. 1123, § 1, 5-21-2019; Ord. No. 1126, § 5, 6-18-2019) Sec. 26-76. Tree preservation plan. The tree preservation plan shall include the following: Page 298 of 481 (1) Location, size and species of all trees that are six caliper inches or greater for deciduous trees, or ten feet in height for coniferous trees. (2) Trees to be preserved. (3) Trees to be removed. (4) Trees within 30 feet of grading limits. (5) Method of tree protection. (6) Tree replacement plan. (Code 1998, § 32-1(subd. 5)(10); Ord. No. 837, 2-18-1997; Ord. No. 1123, § 1, 5-21-2019; Ord. No. 1126, § 5, 6-18-2019) Sec. 26-77. Landscape plan. The landscape plan shall include the following: (1) Property lines. (2) Existing and proposed contours and berming at two -foot contour intervals. (3) Location, type and size of existing plant material. (4) Proposed buildings, paved areas, fences, walls, parking lots,l ding areas and service areas. (5) Vegetation to be removed or disturbed during construction. (6) Location, type, size and number of proposed plant ma a . (7) Areas to be seeded, sodded or left undisturbed. (8) Method of screening parking areas, loading areas and rooftop mechanical units, including sight lines, illustrating the effectiveness of the screening. (9) Legend, plant list and key. , 4hw) (10) Location of significant natural featu , inclu g, but not limited to, floodplains, lakes, wetlands and bluffs. _ (11) Identification of all existing and proposed s opes of more than three to one and restoration method. (12) Irrigation plan or method of wateringWW (13) Forest or woodland management plan for existing wooded areas. (Code 1998, § 32-1(subd. 5)(11); Ord. No. 837, 2-18-1997; Ord. No. 1123, § 1, 5-21-2019; Ord. No. 1126, § 5, 6-18-2019) Sec. 26-78.Other information. Other information to be included shall be as follows: (1) Description of the proposed use of lots indicating the type of residential buildings, the number of proposed dwelling units and the type of business or industry proposed for the development. (2) Source of water supply. (3) Provisions for sewage disposal, surface water drainage and flood control. (4) Statement of development conformance with zoning regulations. (5) Any other reasonable information as may be requested by the City Development Director, the City Engineer, the City Attorney or the Planning Commission. (6) Environmental reports as may be required by the State Environmental Quality Board (EQB). (7) An estimate of the traffic expected to be generated by the development and its distribution on area roads. (8) A description of any expected fire protection needs. Page 299 of 481 (9) Identification of any property that will fall within the jurisdiction of shoreland, floodplain riverway bluffland/shoreland, historic preservation, forest protection, restrictive soils on wetland regulations and the measures that will be taken to protect those areas and conform to this chapter. (10) If the subdivider owns property adjacent to the proposed subdivision, the Planning Commission may require that the subdivider submit a sketch of the remainder of the property to show the possible relationships between the proposed subdivision and future subdivision. All subdivisions must accommodate and coordinate with potential adjacent subdivisions and land use. (Code 1998, § 32-1(subd. 5)(12); Ord. No. 837, 2-18-1997; Ord. No. 1123, § 1, 5-21-2019; Ord. No. 1126, § 5, 6-18-2019) Sec. 26-79. Additional data required for the final plat. The plat must be prepared by a land surveyor who is registered in the State and must comply with the provisions of State law and this chapter. The f f for approval by the- signature of eo Nty offlei is eoneemed , ,i the r-eeor-ding of the &A is as follows: Ghee�ea � Ped-this day o€ , W By Washington Go By Washington Go A+*44of 0 By Deeiimo,�xver- N Page 300 of 481 (Code 1998, § 32-1(subd. 5)(13); Ord. No. 837, 2-18-1997; Ord. No. 1123, § 1, 5-21-2019; Ord. No. 1126, § 5, 6-18-2019) Secs. 26-80--26-101. Reserved. ARTICLE IV. MINIMUM DESIGN STANDARDS Sec. 26-102. Purpose and intent. The purpose of good subdivision and site design is to create a functional and attractive development, to minimize adverse impacts and maintenance costs, and to ensure that a project will be an asset to a City. To promote this purpose, the subdivision or site plan shall conform to the following standards which are designed to result in a well -planned City without adding unnecessarily to development costs. The design standards ensure that the layout of the subdivision harmonizes with existing plans affecting the development and its surroundings and are in conformity with the City's development objectives for the entire area. Detailed specifications for both the minimum design standards and the engineering standards may be obtained from the appropriate utility department (Engineering, Water or Fire Department). (Code 1998, § 32-1(subd. 6); Ord. No. 837, 2-18-1997; Ord. No. 1123, § 1, 5 - ; Ord. No. 1126, § 5, 6-18-2019) Sec. 26-103. Conformity with the Comprehensive De v p ent Vn, Chapter 28 and applicable regulations. The proposed subdivision must conform to the Comprehensive Plan, Chapter 28 and standards as adopted by the City Council to regulate development. (Code 1998, § 32-1(subd. 6)(1); Ord. No. 837, 2-18-1997; Ord. No. 112'OV, § 1, 5-21-2019; Ord. No. 1126, § 5, 6-18-2019) Sec. 26-104. Land requirements. Land requirements are as follows: — —h,6100) (1) Land must be suited to the purpose for whhTch it is to be subdivided. No plan may be approved if the site is not suitable for having uses of the kind proposed because of potential flooding, topography or adverse earth or rock formation. v (2) Land having hazards to life, health or property may not be subdivided for residential purposes until all hazards have been eliminated or unless adequate safeguards against the hazards are provided by the subdivision plan. (3) Erosion and sedimentation control plans must be in accordance with the technical standards and specifications of the grading ordinance. (4) Proposed subdivisions must be coordinated with existing nearby local governments and neighborhoods so that the City as a whole may develop harmoniously. (Code 1998, § 32-1(subd. 6)(2); Ord. No. 837, 2-18-1997; Ord. No. 1123, § 1, 5-21-2019; Ord. No. 1126, § 5, 6-18-2019) Sec. 26-105. Streets. Street standards shall be as follows: (1) Proposed streets must conform to the State road and County highway plans. (2) Streets must be logically related to the topography and have reasonable grades. (3) Access must be given to all lots and portions of the tract in the subdivision, and to adjacent unsubdivided parcels unless the topography clearly indicates that the connection is not feasible. Reserved strips and landlocked areas shall not be created. Page 301 of 481 (4) The arrangement of streets in the new subdivision must plan for the continuation of the existing streets in adjoining areas without promoting cut throughs or short cuts that impact residential neighborhoods. (5) If adjoining areas are not subdivided, but may be subdivided in the foreseeable future, the arrangement of streets in a new subdivision must make provision for the proper projection of streets into adjoining areas by carrying the new streets to the boundaries of the new subdivision at appropriate locations. (6) Partial streets will not be permitted. (7) Dead-end streets are prohibited, except or when designed as temporary or permanent cul-de-sac streets. (8) Private streets and reserve strips are prohibited, and no public improvements may be approved for a private street. All streets must be dedicated for public use. (9) If a subdivision abuts or contains an existing or planned major thoroughfare or a railroad right-of-way, a street approximately parallel to and on each side of the thoroughfare and right-of-way may be required for adequate protection of residential properties and separation of through and local traffic. These service streets must be located at a distance from the major thoroughfare or railroad right-of-way suitable for appropriate use of the intervening land, and for park purposes in appropriate districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations. (10) Streets may not be arranged in a way that will cause hardship to owners of adjoining property. (11) Street design. k a. Minimum right-of-way and pavement widths. Minimum right-of-way widths and pavement widths (face to face of curb) for each type of public street or road are as follows: i Type of Street Right -of -Way Width Roadway Width Thoroughfare 120 feet or As determined by traffic needs Collector street 80 feet 44 feet Commercial or industrial service street 80 feet 44 feet Minor street 60 feet 32 feet Marginal access street 50 feet 42.5 feet turnaround access Cul-de-sac 60 feet turnaround radius 42.5 feet turnaround radius b. Additional widths. Where a subdivision abuts or contains an existing street of inadequate width, sufficient additional width must be provided to meet the above standards. C. Alternative street standards. Alternative street standards may be allowed when it can be demonstrated that the safety and function of the street system will not be adversely impacted by the alternative standards and that the development will be attractive and can be accommodated by the street system. (See s4divisio 4(9) of this ^'i^~' d. Special conditions. Additional right-of-way and roadway width may be required to promote public safety and convenience when special conditions require it or to provide parking space in areas of intensive use. e. Extensions. Extensions of existing streets, with lesser right-of-way than prescribed above, may be permitted by modification. £ Restrictions of access. Access from minor streets onto State and County aid highways is discouraged at intervals of less than 500 feet. g. Street jog. Street jogs with centerline offsets of less than 150 feet are prohibited. Page 302 of 481 h. Deflection. When connecting street lines deflect from each other at any one point by more than ten degrees, they must be connected by a curve with a radius of not less than 100 feet. i. Grades. Centerline gradients must be at least 0.6 percent and may not exceed the following: Classification Gradient In Percent Thoroughfares and collector streets 5 Minor streets, marginal access streets 8 j. Vertical curves. Different connecting street gradients must be connected with vertical curves. Minimum length, in feet, of these curves shall be 20 times the algebraic difference in the percent of grade of the two adjacent slopes. k. Angle of intersection. The angle formed by any intersecting of streets may not be less than 60 degrees with 90-degree intersections preferred. 1. Size of intersection. Intersections of more than four corners are prohibited. in. Corner radii. Roadways of street intersections must be rounded by a radius of not less than 15 feet. Roadways of alley -street intersections must be rounded by a radius of not less than six feet. Corners at the entrances to the turnaround portions of cul-de-sacs must be rounded by a radius of not less than 15 feet. n. Street pavement. New developments will require paved stre s. The design of street pavement for all streets covered by this article must be in accordance with the State of Minnesota Highway Department Road Design Manual No. 5-291 for flexible pavements. The design thickness of the surfacing elements must be in accordance with the flexible pavement design standard for road classifications as follows: OF' Classification — vem t Design; Axle Load Thoroughfare, collector As determined by traffic needs streets and commercial or Fe industrial service streets nal Minor streets and N 7-ton minimum access streets o. Gravel surface. Streets that at the present time will only have a gravel surface must be designed so the base and subbase requirements as set forth in State of Minnesota Highway Department Road Design Manual No. 5-291 for flexible pavement are met. In all cases at least the top six inches of the street surface must be of Class 5 crushed aggregate or a material as approved by the City Engineer. p. Soil tests. To determine subgrade soil classifications, soil samples must be collected and analyzed by a reputable testing laboratory. Reports of the soil analysis must be submitted to the City Engineer with the pavement plans. Soil samples must be taken along the centerline of the proposed road at intervals not exceeding 300 feet. q. Curb and gutter. Concrete curb and gutter must be constructed on both sides of streets. The construction must be in accordance with Standard Specification for Highway Construction, M.H.D. Spec. No. 2531. Concrete curb and gutter cross sections shall be either M.H.D. Design No. B618 or M.H.D. Design No. D418. r. Boulevards. All boulevards must be at least four feet in width and must have four inches of topsoil (black dirt) placed on them and then be sodded. Page 303 of 481 (12) Cul-de-sac streets. Permanent cul-de-sac streets may not exceed 600 feet in length. (13) Turnarounds. Unless future extension is clearly impractical or undesirable, a turnaround right-of-way must be designed to permit future extension of the street into the adjoining tract. At the time a street is extended, the acreage covered by the turnaround outside the boundaries of the extended street will revert in ownership to the property owner fronting on the temporary turnaround. (14) Alley design. Alley design shall be as follows: a. Alleys may be allowed and all alley right-of-way and pavement widths must conform to the following minimum standards: Classification Right -of -Way Width Pavement Industrial or commercial 28 feet 20 feet Residential(two-way) 24 feet 16 feet Residential(one-way) 20 feet 12 feet b. Grades. All centerline gradients must be at least 0.5 percent and shall not exceed eight percent. (15) Street names. Names of new streets must not duplicate existing or platted street names unless a new street is a continuation of or in alignment with the existing or platted street. In that event, it must bear the same name of the existing or platted street so in alignment. ,.00F (16) Street signs. All street signs must be provide and installed by the City at the expense of the subdivider. Ir (17) Street trees and landscaping plan. Street trees and a landscaping plan are required as follows: a. On average three street trees shallle planted , - ot. They must be placed inside the property line and not in the boulevard unless approved by the City Engineer. b. The type of species of tree planted musAe approved by the City Development Director. Trees with root structures that are less likely to interfere with utility lines, break up sidewalks and cause other nuisance damage are desirable. Trees must have a trunk diameter (measured 12 inches above ground level) of not less than 1 3/4 inches and must be planted in not less than one cubic yard of good growing soil with a suitable amount of fertilizer. Approved multiple varieties may be used. 01 C. Alternative street tree and landscape standards may be allowed in planned unit development review. (18) Residential street lighting. A streetlight plan must be submitted to accommodate safe travel and to preserve the character of the neighborhood. Streetlights are required. (Code 1998, § 32-1(subd. 6)(3); Ord. No. 837, 2-18-1997; Ord. No. 1123, § 1, 5-21-2019; Ord. No. 1126, § 5, 6-18-2019) Sec. 26-106. Sidewalk and trail design. Sidewalk and trail design standards are as follows: (1) Widths. All sidewalk widths must when installed conform to the following minimum standards: Classification Width Single -family area - 5 feet Multiple -family area and public building sites 6 feet Commercial areas 8 feet Industrial areas 6 feet Page 304 of 481 (2) Grades. Sidewalks shall slope one -quarter of an inch per foot away from the property line and the profile grade may not exceed eight percent. (3) Sidewalks required. Sidewalks are required on all collector or through streets unless an alternative location is approved by the City Engineer. Sidewalks must be placed in a public right-of-way or utility easement. (4) Provision for handicapped. Sidewalks must be brought to a maximum of 1 1/2 inches above the street grade of all intersections to facilitate movement for elderly and the handicapped. (5) Multiuse walking or biking trails. Multiuse walking or biking trails must be eight feet in width with adequate right-of-way. (6) Walk specifications. All required walks must be concrete, four inches thick, placed on a four -inch sand base. (Code 1998, § 32-1(subd. 6)(4); Ord. No. 837, 2-18-1997; Ord. No. 1123, § 1, 5-21-2019; Ord. No. 1126, § 5, 6-18-2019) Sec. 26-107. Public utilities. (a) Water supply. Extensions of the public water supply systemA t be designed to provide public water service to each lot as required by the City Water Department. (b) Sewage disposal. Extensions of the public sanitary sewer system must be designed to provide public sewer service to each lot as required by the City Engineer. (c) Private water and sewer systems. In Xcable blic water and sewer service cannot be provided, on -site sewer systems and private wells may betil municipal services are available, and only if a modification is granted by the City Councilstems must meet State PCA requirements as administered by the Building Official. (d) Electrical, telephone and other wireAll electrical, telephone and other wire orcable transmitted utility lines and services must be installed underground in a common trench unless an alternative is approved by the City Engineer. (Code 1998, § 32-1(subd. 6)(5); Ord. No. OC2-1_4997; Ord. No. 1123, § 1, 5-21-2019; Ord. No. 1126, § 5, 6-18-2019) Sec. 26-108. Drainage. (a) All surface and underground dralfiage systems must be installed to adequately remove all natural drainage that accumulates on the developed property. All systems must be in conformance with the City drainage plan and all piping must provide complete removal and a permanent solution for the removal of drainage water. The drainage system may include a storm sewer system or a system of open ditches, culverts, pipes, catchbasins and ponding areas. (b) The drainage plan must meet the criteria of the City's engineering design guidelines. (c) All development areas that drain into Long Lake and/or Brown Creek must show how the proposed drainage system will minimize the impact on those DNR protected wetlands. (Code 1998, § 32-1(subd. 6)(6); Ord. No. 837, 2-18-1997; Ord. No. 1123, § 1, 5-21-2019; Ord. No. 1126, § 5, 6-18-2019) Sec. 26-109. House plumbing. When an individual sewage system is used and the septic tank is placed on a side other than that from which the public sewer line would connect, it must be required that a capped sewage disposal line is extended from the point of ground entrance of basement or house to a point five feet beyond and to the side from which the future sewer connection will most likely be made. Inside the basement, the elbow must be set up to be easily reversed for connection to the capped line. (Code 1998, § 32-1(subd. 6)(7); Ord. No. 837, 2-18-1997; Ord. No. 1123, § 1, 5-21-2019; Ord. No. 1126, § 5, 6-18-2019) Page 305 of 481 Sec. 26-110. Easements. (a) Provided for utilities. Easements of ten feet on the front lot lines and five feet on the rear and side lot lines must normally be provided for public utilities. If underground utilities are being installed, additional easement may be required. (b) Provided for drainage. Easements must be provided along each side of the centerline of any watercourse or drainage channel to a sufficient width to provide proper maintenance and protection and to provide for stormwater runoff and installation and maintenance of storm sewers. (c) Dedication. Utility and drainage easements must be dedicated for the required use. (d) Open space. Easements for the provision and protection of open space or wetlands may be required. (Code 1998, § 32-1(subd. 6)(8); Ord. No. 837, 2-18-1997; Ord. No. 1123, § 1, 5-21-2019; Ord. No. 1126, § 5, 6-18-2019) Sec. 26-111. Block design. (a) Block length and width or acreage within bounding streets must accommodate the size of residential lots in the area and provide for convenient access, circulation control and safety of street traffic. (b) In residential areas, without water frontage, blocks may not be less than 600 feet nor more than 1,800 feet in length, measured along the greatest dimension of the enclosed block area, unless modifications are necessitated because of topography or conformance with an adjoining plat. (c) In blocks over 900 feet long, ten -foot side pedestrian crosswalks may be required through the blocks in locations deemed necessary to public health, convenience and enjoyment. Suitable setbacks, paving, landscaping or fencing may be required. (d) Blocks for commercial and industrial areas may vary from the element of design contained in this article if the nature of the use requires other treatment. In such cases, off-street parking for employees and customers must be provided, along with safe and convenient limited access to the street system. Space for off- street loading must be provided with similar access. Extension of roads, railroads access right-of-way and utilities must be provided. (e) Blocks must be wide enough to allow two tiers�of lots with minimum depth as required by Chapter 28, except adjoining a lake, stream, railroad or thoroughfare of where one tier of lots is necessary because of topographic conditions. . --ftw/ (Code 1998, § 32-1(subd. 6)(9); Ord. No. 837, 2-18-1997; Ord. No. 1123, § 1, 5-21-2019; Ord. No. 1126, § 5, 6-18-2019) Sec. 26-112. Lot requirements. (a) Side lot lines. Side lot line7ust be substantially at right angles to straight street lines or radial to curved street lines or radial to lake or stream shores unless topographic conditions necessitate a different arrangement. (b) Lot fronts. Each lot must front upon a public street. (c) Size according to sewerage. For areas with urban sewer service available, no lot may have less area or width than is required by Chapter 28 applying to the district in which it is located. For unsewered areas in all zoning districts the minimum lot size shall be one acre of lot area, except where more square footage is required by zoning regulations. Exceptions to lot size standards may be allowed through the planned development review process. (d) Facilities required for commercial or industrial purposes. Lots designed for commercial or industrial purposes must provide adequate off-street service and loading and parking facilities. (e) Building sites. Each lot used as a building site must have a total width at the front or rear lot line of not less than 30 feet. (f) Corner lots; platting. Corner lots must be platted at least 20 feet wider than interior lots. Page 306 of 481 (g) Butt lots. Butt lots in any subdivision are to be discouraged. Where butt lots must be used to fit a particular type of design, they must be platted at least ten feet wider than the average width of interior lots in the block. (h) Through or double frontage. Through or double frontage lots shall not be permitted except where the lots abut a thoroughfare or major highway. These must have an additional depth of 20 feet for screen planting along the rear lot line. (i) Watercourses. Lots abutting upon a watercourse, drainageway, channel or stream must have an additional depth or width as required to ensure wetland setbacks are met. 0) Lakeshore frontage. Lots with lakeshore frontage must be designed so that the lot lines extended maintain the closest approximation to riparian rights for each lot. (k) Natural features. Natural features must be shown for all natural features, such as tree growth, watercourses, historic or cultural sites or other unique site conditions. (1) Lot remnants. All remnants of lots below minimum size left over after subdividing of a larger tract must be added to adjacent lots or be owned in common by the development. (m) Access to thoroughfares. In the case where a proposed plat is adjacent to a limited access highway, other major highway or thoroughfare, there must be no direct vehicular access from individual lots. In the platting of small tracts of land fronting on limited access highways or thoroughfares where there is no other alternative, a temporary entrance may be granted but when neighboring land becomes subdivided and more preferable access arrangements become possible, temporary access permits will be eliminated. (n) Political subdivision lines. No lot may extend over dpolitical sub ivision boundary. (o) Large lot planning. In any area where lots are platted in excess of 32,000 square feet or 180 feet in width at the building setback line, a preliminary resubdivision plan may be required showing potential and feasible ways in which the lot or lots may be resub ivided in future years for more intensive use of the land. The placement of buildings or structures upon these 1 s must allow for potential resubdivision. (Code 1998, § 32-1(subd. 6)(10); Ord. No. 837, 2-18 97; Ord. No. 1123, § 1, 5-21-2019; Ord. No. 1126, § 5, 6-18-2019) Sec. 26-113. Protected areas.1 Zal (a) When land proposed for subdivision iedeemed environmentally sensitive by the City, due to the existence of wetlands, drainageways, watercourses, floodable areas, steep slopes or other environmental features, the design of such subdivision must clearly reflect all necessary measures of protection to ensure against adverse environmental impact. (b) All plats are subject to the following provisions of this Code and must meet all applicable requirements of such provisions: (1) Sections through (Ordinance No. 644—Historic Preservation). (2) Sections through (Ordinance No. 692—Design Review). (3) Sections through (Ordinance No. 706—Riverway Bluffland/Shoreland). (4) Sections through (Ordinance No. 747—Floodplain Overlay District). (5) Sections through (Ordinance No. 769Forest Protection). (6) Sections through (Ordinance No. 776—Stormwater Management Practices). (7) Sections through (Ordinance No. 778Restrictive Soils). 1 Only one of the ordinances listed in this section is currently in the Code. The topics listed are found in the Code, but some are covered by sections not adjacent to each other. We assume the ordinances are not in the Code because they've been amended by or replaced with new ordinances. Please advise. Page 307 of 481 (8) Sections through (8)(8)(8)(8) (Ordinance No. 784—Shoreland Management). (9) Section 22-25 (Ordinance No. 786—Wetland Conservation). (c) All submittals required by the cited Code provisions must be submitted in conjunction with the preliminary plat. (Code 1998, § 32-1(subd. 6)(11); Ord. No. 837, 2-18-1997; Ord. No. 1123, § 1, 5-21-2019; Ord. No. 1126, § 5, 6-18-2019) Sec. 26-114. Monuments. All lot corner pipes or iron rods must be a minimum of one-half of an inch in diameter, 18 inches in length and shall be inscribed with the registration number of the land surveyor making the survey as prescribed in Minn. Stats. ch. 505. (Code 1998, § 32-1(subd. 6)(12); Ord. No. 837, 2-18-1997; Ord. No. 1123, § 1, 5-21-2019; Ord. No. 1126, § 5, 6-18-2019) Sec. 26-115. Inspection. All required improvements must be inspected by the Engineer during construction at the expense of the subdivider. (Code 1998, § 32-1(subd. 6)(13); Ord. No. 837, 2-18-1997; Ord. No. 1123, § 1, 5-21-2019; Ord. No. 1126, § 5, 6-18-2019) Secs. 26-116--26-143. Reserved. ARTICLE V. REQUIRED IMPROVEMENTS AND FINANCIAL ARRANGEMENTS Sec. 26-144. Improvements required and enumerated. Prior to the approval of a plat by the City Council, the subdivi er dust have agreed, in the manner set forth in this section, to install, in conformity with approved construction plans and applicable standards and ordinances, the following improvements on the site: (1) Survey monuments. All subdivision boundary corners, block and lot corners, road intersection corners and points of tangency and curvature must be-inarked with survey monuments meeting the minimum requirements of State law. All federal, State, ounty, and other official benchmarks, monuments or triangulation stations in or adjacent to the property must be preserved in precise position unless a relocation is approved by the controlling agency. (2) Grading. The full width of the right-of-way of each street and alley dedicated in the plat must be graded according to the approved grading plan. (3) Pavement. All streets and alleys must be improved with concrete or bituminous surface. (4) Curb and gutter. Concrete curb and gutter must be installed along both sides of all streets and alleys that are of an urban design. (5) Sidewalks. Sidewalks may be required along both sides of all streets in areas where residential density equals or exceeds two dwelling units per acre or in commercial areas. (6) Water mains. The subdivider is required to install water mains in the platted area and connect to the public water system. (7) Public sanitary sewer. In all cases where trunk line sanitary sewer facilities are available, the subdivider is required to install sanitary sewers in the plat and connect trunk line sewers. If the facilities are not available but it is expected they will be within ten years, the City Council may require that the sewers, together with all necessary laterals extending from the main sewer to the street curb be installed and capped for future connections as service becomes available. In that event, the subdivider may also install on -site disposal units, provided that they are located to permit easy and the least expensive connection to the sewer when it becomes available. If on -site units are installed, the subdivider shall provide underground plumbing to extend three feet beyond the footing. The plumbing must be plugged. The area around the stack must be scored so that the septic tank line can be disconnected, and connection can be made with the public sanitary sewer system. Page 308 of 481 (8) Drainage facilities. Drainage facilities and easements must be installed that will adequately provide for the drainage of surface water. A storm sewer may be required. Stormwater convenience systems shall provide ten-year protection for streets, with emergency overflow provided. All dwellings and businesses shall have a minimum of 100-year protection, plus three feet of freeboard or one foot, if any emergency overflow is provided. Drainageway easements or land dedication may be required when the easements or land is needed for flood planning management, property drainage, prevention of erosion, pedestrian access to water bodies or other public purpose. (9) Parks and trails. Designated neighborhood or City parks and trails must be graded and improved as requested by the park dedication policy. (10) Miscellaneous facilities. Tree planting, street name signs, lighting, traffic control signs, oversized utility trunk lines, pedestrian ways and other improvements may be required to mitigate the impact of a proposed subdivision. (Code 1998, § 32-1(subd. 7)(1); Ord. No. 837, 2-18-1997; Ord. No. 1123, § 1, 5-21-2019; Ord. No. 1126, § 5, 6-18-2019) Sec. 26-145. Payment for installation of improvements. The required improvements are to be furnished and installed at the sole expense of the subdivider. Further, if any improvement installed within the subdivision will be of substantial benefit to lands beyond the boundaries of the subdivision, provision may be made for causing a portion of the cost of the improvement to be assessed against the benefitting property. The subdivider will be required to pay for the portion of the whole cost of the improvement that will represent the benefit to the property within the subdivision. (Code 1998, § 32-1(subd. 7)(2); Ord. No. 837, 2-18-1997; Ord. No. 1123, § 1, 5-21-2019; Ord. No. 1126, § 5, 6-18-2019) Sec. 26-146. Developer's agreement providing for the installation of improvements. Prior to the installation of any required improvements and prior to approval of the final plat, the subdivider must enter into a contract in writing with the City requiring the subdivider to furnish and construct the improvements at their sole cost and in accordance with plans and specifications in accordance with any conditions of approval. No subdivider is permitted to start work on any subdivision without special approval of the City Council if the subdivider has previously defaulted on work. (Code 1998, § 32-1(subd. 7)(3); Ord. No. 837, 2-18-1997; Ord. No. 1123, § 1, 5-21-2019; Ord. No. 1126, § 5, 6-18-2019) ._ftW/ Sec. 26-147. Financial guarantee. (a) Generally. The contract provided for in Section 26-146 must require the subdivider to make an escrow deposit or, in lieu thereof, furnish a performance bond. The escrow deposit or performance bond must conform to the requirements of this article. (b) Escrow deposit. An escrow deposit must be made with the City Finance Director in a sum equal to 125 percent of the total cost as estimated by the City Engineer of all the improvements to be furnished and installed by the subdivider pursuant to the contract, that have not been completed prior to approval of the plat. The total costs shall include costs of inspection by the City as well as administrative, legal, and engineering costs incurred by the City. The City shall be entitled to reimburse itself out of the deposit for any cost and expense incurred by the City for completion of the work in case of default of the subdivider under the contract, and for any damages sustained on account of any breach thereof. Upon completion of the work and termination of any liability, the balance remaining in the deposit must be refunded to the subdivider. (c) Performance bond. In lieu of making the escrow deposit, the subdivider may furnish a performance bond with corporate surety, in a sum equal to 125 percent of the total cost as estimated by the City Engineer of all the improvements to be furnished and installed by subdivider pursuant to the contract, which have not been completed prior to the approval of the plat. The bond must be approved as to form by the City Attorney and filed with the clerk. (Code 1998, § 32-1(subd. 7)(4); Ord. No. 837, 2-18-1997; Ord. No. 1123, § 1, 5-21-2019; Ord. No. 1126, § 5, 6-18-2019) Page 309 of 481 Sec. 26-148. Construction plans and inspection. (a) Construction plans for the required improvements conforming in all respects with the standards and ordinances of the City must be prepared at the subdivider's expense by a professional engineer who is registered in the State and the plans of construction items must be submitted to the engineer for approval and for an estimate of the total costs of the required improvements. (b) Upon approval, of -the plans approved by the City Engineer, plus two as -built prints and an electronic disc record in a City readable format, must be furnished to the City to be filed as a public record. (c) All required improvements on the site that are to be installed under the provisions of this article must be inspected during the course of construction by the City Engineer at the subdivider's expense and acceptance by the City is subject to the City Engineer's certificate of compliance with the contract. Additionally, the developer may be required to provide full time over site and inspection on the site. (Code 1998, § 32-1(subd. 7)(5); Ord. No. 837, 2-18-1997; Ord. No. 1123, § 1, 5-21-2019; Ord. No. 1126, § 5, 6-18-2019) Sec. 26-149. Improvements completed prior to approval of the plat. Improvements within a subdivision which have been completed prior to application for approval of the plat or execution of the contract for installation of the required improvements may be accepted as equivalent improvements in compliance with these requirements only if the City�Engineer will certify that the existing improvements conform to applicable standards. �� (Code 1998, § 32-1(subd. 7)(6); Ord. No. 837, 2-18-1997; Ord. No. 1123, § 1, 5-21-2019; Ord. No. 1126, § 5, 6-18-2019) Sec. 26-150. Trunk facilities. L � Where larger size water main, sanitary sewer, storm drain or similar facilities is required to serve areas outside the subdivision, the larger facility required must be constructed. The additional cost is to be borne by the benefiting properties and assessments are to be determined by th City Council in a proceeding conducted under Minn. Stats. ch. 429. (Code 1998, § 32-1(subd. 7)(7); Ord. No. 837, 2-18497; Ordlo. 1123, § 1, 5-21-2019; Ord. No. 1126, § 5, 6-18-2019) Sec. 26-151. Alternate installation and incomplete improvements. The City Council may elect to install any or all of the required improvements pursuant to a cash escrow agreement or other financial arrangements with the subdivider or pursuant to the provisions of Minn. Stats. ch. 429. The City Council may also elect to commence assessment proceedings, utilize funds of cash escrow agreement, or otherwise move to finance and install improvements, if the improvements are required in order to provide greater assurance of public health, ensure reliability of water supply, provide for economy of installation, provide more effective firefighting through hydrants and otherwise protect the public health, safety, convenience and general welfare. (Code 1998, § 32-1(subd. 7)(8); Ord. No. 837, 2-18-1997; Ord. No. 1123, § 1, 5-21-2019; Ord. No. 1126, § 5, 6-18-2019) Secs. 26-152--26-170. Reserved. ARTICLE VI. PARK LAND DEDICATION REQUIREMENTS Sec. 26-171. Land dedication or cash contribution. (a) Authority. Pursuant to Minn. Stats. § 462.358, subd. 2(b), the City has authori , to require a reasonable portion of the buildable land of anyproposed subdivision be dedicated to the public or preserved for public use, including parks, recreational facilities, playgrounds, trails, wetlands, and public open space. In the alternative, the City may choose to accept a cash fee for some or all of the value of the dedication. (b) Purpose. (1) The City recognizes that the preservation and creation of parks, recreational facilities, playgrounds, trails, wetlands, and public open space is essential to maintaining a healthful, safe and desirable community. The City must not only provide these necessary facilities for the citizens of today, but also Page 310 of 481 for the future needs of the City as described in the Comprehensive Plan and the Parks, Trails and Open Space Master Plan. (2) It is recognized that the demand for park, recreational facilities, playground, trails, and public open space within a municipality is directly relate to the density and intensity of development permitted and allowed within any area. Greater densities mean greater numbers of people and higher demands for such public amenities. (c) Basis. The City shall conduct an individualized determination of the amount of land needed for the purposes set forth in this article and shall demonstrate an essential nexus between the land dedication or cash fee, and the purpose sought to be achieved. The dedication or fee shall bear a rough proportionality to the need created by the proposed subdivision. Sec. 26-172. Dedication of land. The amount of land to be dedicated under this section will generally follow the schedules below. However, the total amount required for dedication may increase or decrease based on the City's basis analysis. The City alone shall determine the location and configuration of any land dedicated, taking into consideration the suitability of the land for its intended purpose and the City's needs for park, playground, trail, or public open space. All land dedication determinations shall be based on the net area of the property. The net area of the property shall be the gross area of the property minus the area of wetlands, lakes, and streams below the ordinarX easements, stormwater ponding, or other public ways. (1) Residential and nonresidential property 1 Units per acre Estimated Percentage o Net Area 01.9 units 10% 2.0-3.5 units 11 % 3.6-5.9 units 12% 6-10 units 13% 10+ units Additional 0.5% for each unit over 10 Nonresidential ol 7.5% of net develo able land area (2) Mixed use property. Land contributions shall generally follow the percentages above and shall be based on the amount of land and number of units designated to residential use and the amount of land designated to nonresidential uses. Sec. 26-173. Cash contribution. At the City Council's sole discretion, a cash contribution may be accepted in whole or in part for the required land dedication under this article. The park land dedication fee guidelines shall be determined by the City Council on an individualized basis. The amounts included in the City's Fee Schedule are for use as a . general guideline. 1) Mixed use developments. Cash contributions shall be based on the amount of land and number of units designated to residential use and the amount of land designated to nonresidential uses. (2) Timing of payment. Cash contributions shall be paid prior to the release of the final plat or subdivision approval. (3) Use oLpayments. Cash payments received under this section shall be placed in a special fund to be used only for the acquisition and development or improvement of parks, recreational facilities, playgrounds, trails, wetlands, or public open space based on the City's 4pproved park systemsplan. (4) Determining the amount of a Cash contribution or combination cash and land contribution. In the event the contribution is cash or a combination of cash and land. the Citv will first determine the total Page 311 of 481 land dedication required pursuant to the basis analysis and then convert that total land dedication to its fair market value pursuant to Minn. Stats. § 462.358, subd. 2b(c). Once the total conversion from land to cash is determined, the fair market value of the land actually dedicated, if any, shall be subtracted and the remainder shall be the amount due in cash. Sec. 26-174. Disputes and appeals. Any disputes or appeals arising under this article regarding park land dedication shall be resolved pursuant to the requirements of Minn. Stats. § 462.358. CODE OF ORDINANCES OF THE CITY OF STILLWATER, MINNESOTA Published in 2023 by Order of the City Council ,�v Page 313 of 481 Chapter 28 ZONING ARTICLE I. IN GENERAL Sec. 28-1. Purpose, interpretation and scope. (a) Purpose. This chapter shall regulate and restrict the use of land and the use and location of buildings and structures and determine the area of yards and other places surrounding them; regulate and restrict the density of population; divide the City into districts for this purpose; adopt a map of the City showing boundaries and the classification of the districts; and prescribe penalties for the violation of its provisions. (b) Interpretation. (1) In the interpretation and application of this chapter, the provisions of this chapter shall be construed as minimum requirements for the promotion of public health, safety and welfare. To protect the public, among other purposes, the provisions are intended to provide for adequate light, pure air, safety from fire and other danger, undue concentration of population and ample parking facilities. (2) All measured distances in this chapter expressed in feet shall be to the nearest half foot. (3) In the event of conflicting provisions within this chapter, tke more restrictive or specific provision shall apply. The Community Development Director must determine which is more restrictive or specific. Appeals from the determination may be made to the City Council. ol (4) Where the conditions imposed by any provision of this chapter are either more restrictive or less restrictive than comparable conditions imposed by any other law, ordinance, statute, resolution, or regulation of any kind, the regulations which are more restrictive or which impose higher or more specific standards or requirements shall prevail; provided, however that the State Building Code takes precedence over any conflicting provisions of this chapter. (5) Unless otherwise specified, all distances must be measured horizontally. (c) Scope. It is not intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this chapter or with private restrictions placed upon property by covenant, deed or other private agreement or with restrictive covenants running with the land. Where this chapter imposes a greater restriction upon land, buildings or structures than is imposed or required by existing provisions of law, ordinance, contractor deed, the provisions of this chapter shall control. (Code 1998, § 31-100) Sec. 28-2. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section. except where the context clearlv indicates a different meaning: a -------I r------ I Abandoned sign means any sign and/or its supporting sign structure and appurtenances which remains without a message or whose display surface remains blank for a period of one year or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned. Sign applicable to a business temporarily suspended because of a change in ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of one year or more. If an abandoned sign remains in good condition and without holes or other evidence of disrepair or damage, the sign shall not be considered abandoned for a period of up to one year, after which time, it must be removed. Page 314 of 481 Accessory dwelling unit means a second dwelling unit on one lot, detached from a primary single-family residence and clearly secondary to a primary residence. Accessory structure or facility, when found in Section 28-291 (Shoreland Management Overlay District), means any building or improvement that is subordinate to a principal use which, because of the nature of its use, can reasonably be located at or greater than normal structure setbacks. Accessory use or building means a subordinate use, building or structure customarily incident to and located on the same lot with the main use or building. Throughout this chapter, the terms "use," "building" or —and "structure" are synonymous and the term "building" includes within its meaning the terms "use" and "structure" when applying the development regulations in each district. Accessory use or structure, when found in Section 28-289 (Floodplain Overlay District), means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. Alteration means, as applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities or an enlargement whether by extending on a side or by increasing in height or the moving from one location or position to another. Antenna, when found in Section 28-350, means any structure or device used for the purpose of collecting or radiating electromagnetic waves, including, but not limited to, directional antennas, such as panels, microwave dishes and satellite dishes, and omnidirectional antennas, such as whips. Apartment house means a multifamily dwelling for three or more families ving independently of each other and doing their cooking upon the premises. Appurtenance, when found in Section 28-290 (St. Croix River Overlay District), means a structure subordinate to and serving the principal structure on the same lot and customarily incidental thereto such as garages, decks, essential services, signs, docks and stairways and lifts, except that "the term" appurtenance does not include private water supply and sewage and waste disposal systems below the ground. Area, building, means the aggregate of the maximum horizontal cross section areas of the main building on a lot, excluding cornices, eaves, gutters or chimneys projecting not more than three feet, steps and bay windows not extending through more than one story and not projecting more than three feet. Area, lot, means the aggregate square feet contained in the proposed building site excluding therefrom areas within public easements for streets, flowage easements and areas covered by public waters and areas subject to intermittent flooding or overflow and any area included within a swamp or bog and those areas which have a slope of greater than 30 percent. The term "lot area" shall have the same meaning as the term "buildable" lot area. Automobile repair, major, means,general repair, rebuilding or reconditioning of engines, motor vehicles or trailers, including body work, framework, welding and major painting service. Automobile service station (gas station) means a place where gasoline, kerosene or any other motor fuel, lubricating oil or grease for operating motor vehicles is sold. The term "automobile service station" includes greasing and oiling and the sale of automobile accessories on the premises. The term "automobile service station" also includes the making of minor repairs, incidental body and fender work, painting or upholstering, the replacement of parts and motor services to passenger automobiles and trucks not exceeding 1 1/2 tons capacity. The term "automobile service station" does not include major repair, rebuilding or reconditioning of engines, motor vehicles or trailers, collision service including body, frame or fender straightening or repair, overhaul, painting, vehicle steam cleaning, automatic care or vehicle washing devices. Automobile service use means auto and truck laundry, drive-in business, service station, repair garage, public garage, motel, hotel, seasonal produce sales, motor vehicle sales, trailer sales and rental, boat sales, rental services and restaurants. Awning means a roof -like cover, often of fabric, plastic, metal or glass designed and intended for protection from the weather or as a decorative embellishment, and which projects from a wall or roof of a structure primarily over a window, walk, or the like. Any part of an awning which also projects over a door shall be considered an awning. Page 315 of 481 Awning sign means any sign that is painted on or attached to an awning. Banner means a sign intended to be hung either with or without a frame possessing characters, letters, illustrations or ornamentations applied to paper, plastic or fabric, but not flags, emblems and insignia or political, professional, religious, educational or corporate if the flags, emblems and insignia are displayed for noncommercial purposes. Bed and breakfast means an owner occupied historic residential structure used as a lodging establishment where a guestroom or guestrooms are rented on a nightly basis and in which only breakfast is included as part of the basic compensation. Basement, when found in Section 28-289 (Floodplain Overlay District), means 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. Billboard means a non -accessory sign erected for the purpose of promoting a product, event, person or subject not usually related to the premises on which the sign is located. Bluff when found in Section 28-291 (Shoreland Management Overlay District), means topographic features such as a hill, cliff or embankment having the following characteristics (an area with an average slope of greater than 18 percent over a distance of 50 feet or more shall not be considered part of the bluff): (1) Part or all of the feature is located in the shoreland area. (2) The slope rises at least 25 feet above the ordinary high-water level of the waterbody. (3) The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high- water level averages 30 percent or greater. '%[ Bluffline, riverway, means a line along the top of a slope in the St. Croix River Overlay District connecting the points at which the slope, proceeding away from the river or adjoining watershed channel, becomes less than 12 percent and it only includes slopes greater than 12 percent visible from the river or any watercourse tributary to the river. The location of the bluffline for any particular propeRy shall be certified by a registered land surveyor or the Community Development Director. More than one bluffline may be encountered proceeding away from the river or adjoining watershed channel. All setbacks apply to each bluffline. Bluff impact zone, when found in Section 28-291 (Shoreland Management Overlay District), means a bluff and land located within 40 feet from the top of the bluff. Building means a structure designed, built or occupied as a shelter or a roofed enclosure for persons, animals or property, including tents, lunch wagons, dining cars, camp cars, trailers and other roofed structures on wheels or other supports, used for residential, business, mercantile, storage, commercial, industrial, institutional, assembly, educational or recreational purposes. Building line means the line between the front yard setback line and the lot line where no building or other structure may be erected above grade level. The building line is considered a vertical surface intersecting the ground on this line. In Section 28-291 (Shoreland Management Overlay District), the term "building line" means a line parallel to a lot line or the ordinary high-water level at the required setback beyond which a structure may not extend. In Section 28-290 (St. Croix River Overlay District), the term "building line" means a line measured across the width of the lot at the point where the principal structure is placed in accordance with setback provisions. Building sign means any sign attached to or supported by any structure used or intended for supporting or sheltering any use or occupancy. Building sign plan means an illustration that shows size, location, materials and lighting for all signs on a building or group of related buildings. Building, structure, or site of potential historic significance means a building, structure or site, or a portion of same, with a construction date of 50 or more years ago. CBD means a compound of the cannabis plant known as cannabidiol. Page 316 of 481 CBD retail establishment, intoxicating, means a business that sells any intoxicating CBD products and derives more than 50 percent of its gross revenue from the sale of any CBD products (intoxicating and non - intoxicating) or related devices. CBD retail establishment, non -intoxicating, means a business that sells CBD products but all of them are non -intoxicating CBD products and derives more than 50 percent of its gross revenue from the sale of any CBD products or related devices. CBD products means and includes industrial hemp products and hemp -derived products. CBD incidental sales means any business that sells or provides CBD products as an incidental part of its business but is not a CBD retail establishment (intoxicating or non -intoxicating). Channel, when found in Section 28-290 (St. Croix River Overlay District), means a natural or artificial depression of perceptible extent with a definite bed and banks to confine and conduct flowing water either continuously or periodically. Character defining features means the particular materials, ornamentation and architectural features that together define the historic character of the building, site, or district. Clear cutting means removal of all or substantially all of a stand of trees in one cutting. Club or lodge means a bona fide nonprofit association of persons paying annual dues. Commercial planned unit developments, when found in Section 28-291 (Shoreland Management Overlay District), means uses typically that provide transient, short-term lodging spaces, rooms or parcels and their operations are essentially service -oriented. For example, hotel/motel accommodations, resorts, recreational vehicle and camping parks and other primarily service -oriented activities are commercial planned unit developments. ol Commercial use, when found in Section 28-291(horeland Management Overlay District), means the principal use of land or buildings for the sale, lease, rental or trade of products, goods and services. ■ Commercial recreation means commercial use of a building or premises for sports or leisure activities and/or rentals. _ Commercial sign means any sign that promotes- r identifies a product, business, service, entertainment, or any other matter of a commercial nature. / Commercial speech mea an Npromoting a business, profession, commodity, service, or entertainment. Commissioner means the Commissioner of the Department of Natural Resources. (Applies to Sections 28- 290 (St. Croix River Overlay District) and 28-291 (Shoreland Management Overlay District). Conditional use. (1) When found in Section 28-289 (Floodplain Overlay District), the term "conditional use" means a specific type of structure or land use listed in the official control that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that: a. Certain conditions as detailed in the zoning ordinance exist. b. The structure and/or land use conform to the comprehensive land use plan if one exists and are compatible with the existing neighborhood. (2) When found in Section 28-291 (Shoreland Management Overlay District), the term "conditional use" means a land use or development as defined by ordinance that would not be appropriate generally but may be allowed with appropriate restrictions as provided by official controls upon a finding that certain conditions as detailed in this chapter exist, the use or development conforms to the comprehensive land use plan of the community and the use is compatible with the existing neighborhood. Condominium means real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of the separate ownership portions. Real Page 317 of 481 estate is not a condominium unless the undivided interests in the common elements are vested in the units' owners. Conversion condominium means a condominium containing a building which at any time before the recording of the declaration creating a condominium under State statutes contained residential rental units. Conservancy, when found in Section 28-290 (St. Croix River Overlay District) means the practice or implementation of policies for the protection and preservation of the natural character of lands for their value to scenic enjoyment, wildlife, water and soil conservation, floodplain management, forestry and other such purposes. Construction sign means a temporary sign at a construction site identifying the project. Crown cover means the ratio between the amount of land shaded by the vertical protection of the branches and foliage area of standing trees to the total area of land, usually expressed as a percentage. DBH means the diameter at breast height of a tree measured at a point approximately 54 inches above ground. Deck, when found in Section 28-291 (Shoreland Management Overlay District) means a horizontal, unenclosed platform with or without attached railings, seats, trellises or other features, attached or functionally related to a principal use or site, and at any point extending more than three feet above the ground. Demolition means any act or process that destroys in part or in whole. Demolition by neglect means the long-term neglect of a building, site or structure that contributes to a level of dilapidation so severe that rehabilitation of the building, site or structure may no longer be a viable option. Development means the construction, addition, installation or alteration of any structure, the extraction, clearing or other alteration of land or the division of land into two or more parcels, for the purpose of transfer of title or building development. ol Development permit means any subdivision, planned unit development, zoning permit, grading permit, preliminary plat approval, rezoning, speei l use pe-...it conditional use permit or variance. Dimensional requirement means minimum and maximum setbacks, yard requirements and structure height or size restriction. Directional sign means an official si n hat colitains no advertising and provides direction or instruction to guide persons or vehicles. Directory sign means a si se to gM;7pedestrians, but not vehicles, to individual businesses within a multitenant commercial area that i aced on the site of the development and may be erected only in internal pedestrian access areas. Dog training facility means an indoor and/or outdoor facility utilized for the organized training of domestic dogs, but which includes no boarding. Drive-in means any use where products or services are provided to the customer under conditions where the customer does not have to leave the car or where fast service to the automobile occupants is offered regardless of whether service is also provided within a building. Dwelling means a building, excluding house trailers or mobile homes, designed or used as living quarters for one or more families. Dwelling house means a detached house designed for and occupied exclusively as the residence of not more than two families, each living as an independent housekeeping unit. Dwelling, multifamily, means a dwelling or group of dwellings on one parcel containing separate living units for three or more families, but which may have joint services or facilities. Dwelling site, when found in Section 28-291 (Shoreland Management Overlay District), means a designated location for residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites. Dwelling unit means one or more rooms providing complete living facilities for one family, including Page 318 of 481 equipment or provisions for cooking and including rooms used for living, sleeping and eating. In Section 28-290 (St. Croix River Overlay District), dwelling unit means a residential accommodation that is intended for use as living quarters for one family. Edible cannabinoid (CBD) product means any product that is intended to be eaten or consumed as a beverage, contains a cannabinoid in combination with food ingredients, and is not a drug. Electrical sign means signs and displays using electrical power. Equal degree of encroachment means 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. Essential services means: (1) Underground or overhead gas, electrical, steam or water distribution systems; collection, communication, supply or disposal systems including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants or other similar equipment and accessories in conjunction therewith; but not including buildings or transmission service; and (2) Transmission services, buildings and storage. Transmission service such as electrical power lines or a voltage of 35 kv or greater, or bulk gas or fuel being transferred from station to station and not intended for en route consumption or other similar equipment and accessories in conjunction therewith. Family means a single individual doing his own cooking and living upon the premises as a separate housekeeping unit or a collective body of persons doing their own cooking and living together upon the premises as a separate housekeeping unit in a domestic relationship based upon birth, marriage or other domestic bond as distinguished from a group occupying a boardinghouse, lodginghouse, club, fraternity or hotel. FEMA means the Federal Emergency Management Agency. Fence means any linear structure used to prevent access b ersons or animals or prevent visual or sound transference. ✓J Flashing sign means an illuminated sign that is not kept constant in intensity of light or color when the sign is illuminated. Flood means a temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. Flood frequency means the frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. Flood fringe means that portion of the floodplain outside of the floodway. The term "flood fringe" is synonymous with the term "floodway fringe" used in the Flood Insurance Study for Washington County, Minnesota, and Incorporated Areas. For the St. Croix River, the flood fringe includes the floodplain area between the ordinary high-water mark of the river and the outer limits of the floodplain. Floodplain means the beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. Floodplain Overlay District means a special zoning district that regulates development in the floodplain in addition to the underlay zoning regulations. Floodproofing means 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 means the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge. For the St. Croix River, the floodway is defined as the river or lake area delineated by the ordinary high-water mark. Floor area means the gross area of the main floor of a residential building, measured in square feet, and not including an attached garage, breezeway or similar area. Floor/lot area ratio means the numerical value obtained through dividing the gross floor area of buildings by the net area of the lot or parcel of land on which the buildings are located. Page 319 of 481 Footcandle means a measure of illumination on a surface that is one foot from a uniform source of light of one candle and equal to one lumen per square foot. Forest land conversion, when found in Section 28-291 (Shoreland Management Overlay District), means the clear cutting of forested lands to prepare for a new land use other than reestablishment of a subsequent forest land. Freestanding sign means any sign which has supporting framework that is placed on or anchored in the ground and which is independent from any building or other structure. Frontage means the boundary of a lot which abuts an existing or dedicated public street. Garage, private, means a building or a portion of a building in which motor vehicles used by the residents of the building on the premises are stored or kept. Garage, public, means a building or portion of a building, used for the storage of motor vehicles, or where any vehicles are kept for money or hire and in which any sale of gasoline, oil and accessories are incidental to the principal use. This definition does not include private garage or repair garage. Garage, public or storage, means a building or part thereof, other than a private garage, used for the storage of motor vehicles and in which service station activities are being carried on. Garage, repair, means a building or space used for the repair or maintenance of motor vehicles, but not including factory assembly of vehicles, auto wrecking establishments or junkyards. Garage sale sign means a temporary sign promoting a garage or rummage sale. A, Governmental sign means a sign erected by a governmental unit for idecation or traffic. Graphic design sign means any mural or pictorial scene or graphic dpainted on the side of a wall or building or painted on a sign board affixed to a wall and in which a mural or scene has its purpose artistic effect. A graphic design sign is a noncommercial speech sign. Guyed tower, when found in Section 28-350 (Regulation of radio and television towers), means a support structure secured by guy wire anchored on multikle sides away from the tower base. Harbor means a portion or body of water along the shoreline deep enough for watercraft navigation that offers protection from winds, waves, ice and currents. Natural harbors consist of bays and estuaries, while artificial harbors are constructed by dredging. Hardship, when found in Section 28-291 (Shoreland Management Overlay District), means circumstances unique to an individual property which would deny the property owner a reasonable use of the land. Height, building, means the vertical dimension, measured from the average elevation of the finished lot grade at the front of the building to the highest point of the ceiling of the top story, in the case of a flat roof, to the deck line of a mansard roof and to the average height between the plate and ridge of a gable, hip or gambrel roof. In Section 28-291 (Shoreland Management Overlay District), height of building means the vertical distance between the highest adjoining ground level at that building or ten feet above the lowest ground level, whichever is lower, and the highest point of a flat roof or average height of the highest gable of a pitched or hipped roof. Hemp or industrial hemp means the definition provided under Minn. Stats. & 18K.02, subd. 3. Hemp manufacturing means the ability to facilitate the manufacturing of industrial hemp. Heritage preservation site means any areas, lands, places, buildings, structures, districts or other objects that have been duly designated a local heritage preservation site by the City Council because of its historical, cultural, architectural, archaeological or engineering significance, pursuant to Section 4-83(2). Historic context means a summary document created for planning purposes that groups information about historical properties based on a shared theme, specific time period and geographical area. Historic resource means any building or structure that is not currently designated as a heritage preservation site, but which may be worthy of such designation because of its historical, cultural, architectural, archaeological or engineering significance. Historic sign means a sign that is of historical significance or that is a historic resource within the meaning Page 320 of 481 of Minn. Stats. ch. 116B. Holiday sign means signs or displays that depict messages regarding a national, state or local holiday. Home occupation means a business or enterprise conducted in a dwelling or accessory dwelling and incidental to the principal residential use whether conducted for profit or not for profit. Hotel means a building containing rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests and where a general kitchen and dining room are provided within the building or in an accessory building. Illuminated sign means any sign that contains an element designed to emanate artificial light internally or externally. Industrial use, when found in Section 28-291 (Shoreland Management Overlay District) means the use of land or buildings for the production, manufacture, warehousing, storage or transfer of goods, products, commodities or other wholesale items. Institutional sign means a sign identifying a church, school, hospital, government or similar type institution. Integral sign means a commemorative table permanently constructed as part of a building. Integrity means a site's ability to convey its significance through retention of the physical aspects of location, design, setting, materials, workmanship, feeling, and association. Intensive vegetation clearing, when found in Section 28-291 (Shoreland Management Overlay District), means the complete removal of trees or shrubs in a contiguous patch, strip, row or block. Intoxicating cannabinoid (CBD) products means products made from substances extracted from certified hemp plants that produce intoxicating effects when consumed by any route of administration and have more than a trace amount of THC. These include but are not limited to products made with Delta-8, Delta-9 and Delta-10. Junk means any worn out, castoff or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some use. Any article or material which unaltered or unchanged, and without further reconditioning can be used for its original purpose as readily as when new, shall not be considered junk. 4AMW Junkyard means the use of more than 40 sgsquu re feet of the area of any lot, whether inside or outside a building, or the use of any portion of that pdirof a lot which adjoins a street for the storage, keeping or abandonment of junk. ol Land disturbing activity means any activity that changes the volume or peak discharge rate of stormwater runoff from the land surface. This may include the grading, digging, cutting, scraping, or excavating of soil, placement of fill materials, paving, construction, substantial removal of vegetation, or any activity that bares soil or rock or involves the diversion or piping of any natural or fabricated watercourse. Lattice tower, when found in Section 28-350 (Regulation of radio and television towers), means a support structure constructed of vertical metal struts and cross braces forming a triangular, square, or other similar structure, which often tapers from the foundation to the top. Loading space means an off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access. Lot means a parcel of land occupied or capable of being occupied by one building and the accessory building or uses customarily incidental to it, including the open spaces required by this chapter. Legal nonconforming lot of record means a parcel of land that has been of record in the County Recorder's Office prior to January 1, 1963, and that has had no property line modifications since that date. Lot, corner, means a lot at the intersection of and abutting on two or more intersecting streets, the angle of intersection being not more than 135 degrees. The land occupied, or to be occupied, by the corner building and its accessory buildings. Lot, corner side yard, means a side yard adjacent to a street, alley or court. Page 321 of 481 Lot depth means the average horizontal distance between the front and rear lot lines or between the front lot line and the intersection of the two side lot lines if there should be no rear lot lines. Lot, reversed corner, means a corner lot, the rear of which abuts upon the side of another lot. Lot width means the distance between the side lot lines measured at right angles to the lot depth at a point midway between the front and rear lot lines. Lowest floor means 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. Manufactured home, when found in Section 28-289 (Floodplain Overlay District), means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include the term "recreational vehicle." Manufacturing, general, means all manufacturing, compounding, processing, packaging, treatment or assembly of products and materials that may emit objectionable and offensive influences beyond the lot on which the use is located. The uses, products or materials include, but are not limited to, the following: sawmill; refineries; commercial feed lots; acid; cement; explosives; flour, feed and grain milling or storage; meat packing; slaughterhouses; coal or tar asphalt distillation; rendering of fat, grease, lard or tallow; alcoholic beverages; poisons; exterminating agents; glue or size; lime; gypsum; plaster of Paris; tanneries; automobile parts; paper and paper products; glass; chemicals; crude oil and petroleum products, including storage; electric power generation facilities; vinegar works; junkyard; auto reduction yard; foundry; forge; casting of metal products; rock; stone; cement products; and the drying or processing of milk or cheese and any derivative product. Manufacturing, limited, means all uses which include the compounding, processing, packaging, treatment or assembly of products and materials, provided the use will not generate offensive odors, glare, smoke, dust, noise, vibrations or other objectionable influences that extend beyond the lot on which the use is located. Generally, these are industries dependent upon raw materials refined elsewhere. Uses include, but are not limited to, the following: lumberyard, machine shops, products assembly, sheet metal shops, plastics, electronics, general vehicle repair (repair garage), body work and painting, ccfntractor shops and storage yard, food and nonalcoholic beverages, signs and displays, printing, publishing, fabricated metal parts, appliances, clothing, textiles and used auto parts. Marina means an area of concentrated small craft mooring, where ancillary facilities may be provided for fueling, sewage pump out, boat launching, boat repair and boat storage. Marina does not mean temporary docks associated with riparian residential development if the mooring area does not exceed the resource limitations of the site and the needs of the residents of the development. Marquee means any permanent roof -like structure projecting beyond a building or extending along and projecting beyond the wall of that building, generally designed and constructed to provide protection from the weather. Marquee sign means any building sign painted, mounted, constructed or attached in any manner, on a marquee. Medical cannabis means the definition provided under Minn. Stats. 152.22, subd. 6. Medical cannabis distribution facility means a facility operated by a medical cannabis manufacturer for purposes of distributing medical cannabis in accordance with Minn. Stats. � 152.29, subd. l (a), and the requirements of the Commissioner of the State Department of Health or other applicable State law. Medical cannabis laboratory means an independent laboratory permitted to test medical cannabis produced by a medical cannabis manufacturer in accordance with Minn. Stats. 152.29, subd. 1(b), and the requirements of the Commissioner of the State Department of Health or other applicable State law. Medical cannabis manufacturer means the definition provided under Minn. Stats. & 152.22, subd. 7. Medical use means those uses concerned with the diagnosis, treatment and care of human beings. These uses include hospitals, dental services, medical services, clinics, nursing or convalescent homes, orphan homes, rest Page 322 of 481 homes and sanitariums. Mobile sign means signs on wheels or that can be easily moved from place to place. Monopole towers, when found in Section 28-350 (Regulation of radio and television towers), means a support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation. Monument sign means a sign not supported by exposed posts or poles which is architecturally designed and located directly at grade with a base at least as wide as the sign. Motion sign means a sign that revolves, rotates, has any moving parts or gives the illusion of motion. Motor freight terminal means a building or area in which freight brought by motor truck is transferred or stored for movement by a motor truck. MS4 means the municipal separate storm sewer system. Multitenant master sign means an on -premises sign identifying multiple tenants in a single building. Nameplate sign means a sign that states the name and/or address of the business, industry or occupant. Noncommercial sign means a sign for a noncommercial expression not related to the promotion of any product or service or the identification of any business. Noncommercial speech means the dissemination of messages not classified as commercial speech that include, but are not limited to, messages concerning political, religious, s 1, ideological, public service and informational topics. Nonconforming use means an existing building, structure or use of d which does not conform to the regulations of the district in which it is located. In Section 28-290 (St. Croix River Overlay District) nonconforming use means any use of land legally established before May 1, 1974, that does not conform to the zoning district use regulations. Non -electronic message center means a sign or portion thereof that has a readerboard for the display of text information in which each alphanumeric character, graphic or symbol is defined by objects, not consisting of an illumination device, that may be changed or re -arranged manually or mechanically with characters, letters or illustrations that can be changed or rearranged without altering the face or the surface of the sign. Nonintoxicating cannabinoid (CBD) product means products made from substances extracted from certified hemp plants that do not produce intoxicating effects when consumed by any route of administration. i Obstruction means 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 floodplain 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. Off -premises sign means a sign normally used for promoting an interest other than that of a business, individual, products, or services available on the premises where the sign is located. Office uses means those commercial activities that take place in office buildings, where goods are not produced, sold or repaired. These include banks, general offices, governmental offices, insurance offices, real estate offices, travel agencies or transportation ticket offices, telephone exchanges, utility offices, radio broadcasting and similar uses. Open sale lot means land devoted to the display of goods for sale, rent, lease or trade where the goods are not enclosed within a building. Ordinary high-water mark means a mark delineating the highest water level that has been maintained for a sufficient period of time to leave evidence upon the landscape. The ordinary high-water mark is usually the point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. In Section 28-289 (Floodplain Overlay District), the ordinary high-water mark is 679.5 feet above mean sea level (AMSL) National Geodetic Vertical Datum (NGVD) of 1929 for the St. Croix River, 851.7 feet AMSL NGVD of 1929 for Lake McKusick, and 844.8 feet AMSL NGVD of 1929 for Lily Lake. In Section 28-290 (St. Croix River Overlay District), for the purpose of measuring setbacks, the ordinary high-water mark is 675.0 feet AMSL NGVD of Page 323 of 481 1929 for the St. Croix River. Ordinary high-water level, when found in Section 28-291 (Shoreland Management Overlay District), means 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. For watercourses, the ordinary high-water level is the elevation of the top of the bank of the channel. For reservoirs and flowage, the ordinary high-water level is the operating elevation of the normal summer pool. Parking space means an area of at least 300 square feet, including access and maneuvering area, to be used exclusively as a temporary storage space for one private motor vehicle. Truck loading and unloading space shall not be included in such area. 114. Per -son means an individual of fiffa, eofpofafion, paAaer-ship, asseeiation of other- pfiva4e body --of Personal wireless communication services (PWCS) means licensed commercial wireless communication services including cellular, personal communication services (PCS), enhanced specialized mobilized radio (ESMR), paging and similar services. Planned unit development, when found in Section 28-291 (Shoreland Management Overlay District), means a type of development characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent or lease, and also usually involving clustering of these units or sites to provide areas of common open space, density increases, and a mix of structure types and land uses. These developments may be organized and operated as condominiums, time-share condominiums,, cooperatives, full fee ownership, commercial enterprises, or any combination of these, or cluster subdivisions of dwelling units, residential condominiums, townhouses, apartment buildings, campgrounds, recreational vehicle parks, resorts, hotels, motels and conversions of structures and land uses to these usesi. Political sign means signs announcing a candidate seeking, office or issues to be voted upon on a public election. Portable sign means a sign which is manifestly desiJied to be transported, including by trailer or on its own wheels, even though the wheels of such sign may be removed, and the remaining chassis or support is converted to another sign or attached temporaril r ermanently to the ground since this characteristic is based on the design of such a sign. Principal use or structure means all use r structures that are not accessory uses or structures. Primary residence means the dweIli g unit within which a person lives for six months plus a day during a calendar year.' Primary resident means a person living on a property where the property is the person's primary residence. Projecting sign means a sign which is affixed to a building or wall in such a manner that its leading edge extends more than one foot beyond the surface of such building or wall face. Public sign means a sign usually erected and maintained by a public agency that provides the public with information and in no way relates to a commercial activity. Examples of public signs include, but are not limited to, speed limit signs, stop signs, City limit signs, street name signs, directional signs, and historic points of interest. Public utility means persons, corporations or governments supplying gas, electric, transportation, water, sewer, cable or land line or wireless telephone service to the general public. Public utility sign means a sign that identifies public utilities. Public waters means public waters as defined in Minn. Stats. 645.44, subd. 8a-". Reach means 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. Page 324 of 481 Real estate development sign means a sign intended to sell or promote a development project. Real estate sign means a sign placed upon a property to promote that property for sale, rent or lease. Recreational vehicle means a vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light - duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this chapter, the term "recreational vehicle" shall be synonymous with the term travel trailer/travel vehicle. Regional flood means a flood which is representative of large floods known to have occurred generally in the State and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in a flood insurance study. Regulatory flood protection elevation means 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. Residential planned unit development, when found in Section 28-291 (Shoreland Management Overlay District), means a use where the nature of residency is nontransient and the major or primary focus of the development is not service -oriented. For example, residential apartments, manufactured home parks, time-share condominiums, townhouses, cooperatives and full fee ownership residences would be considered as residential planned unit developments. To qualify as a residential planned unit development, a development must contain at least five dwelling units or sites. L � Retail business uses means stores and shops selling personal services or goods over a counter. These include antiques, art and school supplies, auto accessories, bakeries; barber shop, beauty parlor, bicycles, books and stationery, candy, cameras and photographic supplied carpet and rugs, catering establishments, china and glassware, Christmas tree sales, clothes pressing, othing and costume rental, custom dressmaking, department stores and junior department stores, drugs, dry goods, electrical and household appliances, sales and repair, florist, food, furniture, furrier shops, garden supplies (year round operation only), gifts, hardware, hats, hobby shops for retail of items to be assembled or used away from the+vpremises, household appliances, hotels and apartment hotels, interior decorating, jewelry (including repair), laboratories, medical and dental research and testing, laundry and dry cleaning pickup (processing 1u be done elsewhere), laundromat, leather goods and luggage, locksmith shops, musical instruments, office supply equipment, optometrists, paint and wallpaper, phonograph records, photography studios, service station, restaurant if no entertainment or dancing is provided, shoes, sporting goods, tailoring, theater (except pen air drive-ins), tobacco, toys, variety stores, wearing apparel and similar type uses. Riverway boundary means a legally described line delineating the landward extent of the St. Croix Riverway. Roof sign means a sign erected and constructed wholly or in part on or above the parapet or eave line of a building. Roominghouse means any dwelling in which more than three persons either individually or as families are housed or lodged for hire, with or without meals. A boardinghouse or furnished room house shall be deemed a roominghouse. Rummage sale sign means a sign advertising a rummage or garage sale. Scenic easement means an interest in land, less than fee title, which limits the use of the land for the purpose of protecting the scenic, recreational and natural characteristics of areas in the St. Croix Riverway. Unless otherwise provided by mutual agreement of the parties, the easement must be perpetually held for the benefit of the people of the State, specifically enforceable by its holder or any beneficiary, and binding on the holder of the servient estate, his heirs, successors or assigns. Unless provided by the parties, no easement can give the holder or any beneficiary the right to enter on the land except for enforcement of the easement. Screening, when found in Section 28-290 (St. Croix River Overlay District), means existing or planted Page 325 of 481 vegetation or topography which makes any structure on any property visually inconspicuous in summer months as viewed from the river. Semipublic use means the use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization. Sensitive resource management, when found in Section 28-291 (Shoreland Management Overlay District) means the preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence of flora or fauna in need of special protection. Setback building line means a line back of the lot line or right-of-way easement line, whichever is more restrictive, that defines the setback area in all yards. Setback, when found in Section 28-290 (St. Croix River Overlay District), means the minimum horizontal distance between the part of a structure and the ordinary high-water mark or a bluffline. In areas where the ordinary high-water mark is not evident, setbacks shall be measured from the stream bank of the following water bodies that have permanent flow or open water: the main channel, adjoining side channels, backwaters and sloughs. In Section 28-291 (Shoreland Management Overlay District), the term "setback" means the minimum horizontal distance between a structure, sewage treatment system or other facility and an ordinary high-water level, top of a bluff, road, highway, property line or other facility. Sewage treatment system, when found in Section 28-291 (Shoreland Management Overlay District), means a septic tank and soil absorption system or other individual or cluster type sewage treatment. Sewer system, when found in Section 28-291 (Shoreland Management Overlay District), means pipelines or conduits, pumping stations and force main, and all other construction, devices, appliances or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal. Shore impact zone, when found in Section 28-291 (Shoreland Management Overlay District), means land located between the ordinary high-water level of a public water and a line parallel to it at a setback of 50 percent of the structure setback. Shoreland, when found in Section 21 (Shoreland Management Overlay District), means that lot which meets all of the following criteria: (1) A portion of the lot must be located within 1,000 feet of the ordinary high-water level of any public body of water or within 300 feet of the landward extent of a floodplain designated by the Floodplain Ordinance. (2) A portion of the lot must fall within a Shoreland zoning district as delineated on the Zoning Map. (3) In areas near or adjacent to General Development Lakes (GD), only lots with water frontage are shorelands. In areas near or adjacent to Natural Environment Lakes (NE) or Brown's Creek all areas described in Subsections (1) and (2) of this definition are shorelands. Short-term home rental, Type A (hosted short-term rental), means a dwelling unit that is offered to transient guests for a period of less than 30 consecutive days, where a primary resident of the property is present while the transient guests are present. Short-term home rental, Type B (unhosted short-term rental), means a dwelling unit that is offered to transient guests for a period of less than 30 consecutive days, where the property serves as a person's primary residence but a primary resident of the property is not present while the transient guests are present. This Type B also includes short-term home rental of any accessory dwelling units, non -owner -occupied duplexes or "mother- in-law" apartments. Short-term home rental, Type C (dedicated short-term rental), means a dwelling unit that is offered to transient guests for a period of less than 30 consecutive days, where the property does not serve as a person's primary residence. Short-term home rental, Type D (bed and breakfast). See Bed and breakfast. Sign means a letter, work or symbol, poster, picture, statuary, reading matter or representation in the nature Page 326 of 481 of advertisement, promotion, announcement, message or visual communication, whether painted, posted, printed, affixed or constructed, including all associated brackets, braces, supports, wires and structures, which is displayed for information or communicative purposes. Sign area means the area framed visually by the construction, design or layout of a sign. Sign structure means the structure, including the supports, uprights, bracing and framework, which supports or is capable of supporting any sign. Significance means the importance of a heritage preservation site, historic district, or historic resource. Significant historic site, when found in Section 28-291 (Shoreland Management Overlay District) means any archaeological site, standing structure or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Places or is determined to be an unplatted cemetery that falls under the provisions of Minn. Stats. 307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the State Archaeologist or the Director of the State Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites. Significant tree means a tree measuring at least six inches in diameter at 54 inches above ground (DBH). Cottonwood, silver maple, and box elder are protected at a size of 20 inches (DBH). Buckthorn and Siberian elm are not considered significant trees at any size. Slope, when found in Section 28-290 (St. Croix Riverway Overlay District), means all land between the ordinary high-water mark and the riverway boundary having anyagle of ascent r descent of more than 12 percent from the horizontal. � Slope, steep, when found in Section 28-291 (Shoreland Management Overlay District), means land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available County soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this definition. Where specific information is not available, steep slopes are lands having average slopes over 12 percent, as measured over horizontal distances of 50 feet or more, that are not bluffs. St. Croix Riverway means all ands and public waters within the riverway boundary subject to the regulations of Section 28-290 (St. Croix River Overlay District). Stealth tower, when found in Section 28-350 (Regulation of radio and television towers), means a support structure that uses manmade trees, clock towers, bell steeples, flagpole, light poles and similar camouflaging designs that camouflage or conceal the presence of the antenna. This includes monopole towers where all antennas are internal to the tower. Street means a public thoroughfare which has been dedicated or deeded to the public and improved for public use. Structure means anything constructed or erected by humans except for fences or walls or decks 18 inches or less in height. In Section 28-289 (Floodplain Overlay District), the term "structure" means anything constructed or erected on the ground or attached to the ground or on -site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, recreational vehicles not meeting the exemption criteria specified in Section 28-289 and other similar items. In Section 28-290 (St. Croix River Overlay District), the term "structure" means any building or appurtenance thereto, including garages, decks, docks and stairways, except transmission services. In Section 28-291 (Shoreland Management Overlay District), the term "structure" means any building or appurtenance, including decks, except aerial or underground utility lines, such as sewer, electric, telephone, telegraph, gas lines, tower, poles and other supporting facilities. Soils), stmetwe means any building thM may provide shelter- for- any per -son, animal or- item of . In Section 22-3 (Tree and Forest Protection), the term "structure" means anything manufactured, constructed or erected that is normally attached to or positioned on land, including portable or temporary structures. Structure, substandard, when found in Section 28-290 (St. Croix River Overlay District), means any Page 327 of 481 structure legally established before May 1, 1974, which does not meet the structure setbacks or other dimensional standards of the St. Croix River Overlay District. Subdivision, when found in Section 28-291 (Shoreland Management Overlay District), means land that is divided for the purpose of sale, rent or lease, including planned unit developments. Substantial damage means damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial improvement means, 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 percent of the market value of the structure before the start of construction of the improvement. (1) The term "substantial improvement" includes structures that have incurred substantial damage, regardless of the actual repair work performed. (2) The term "substantial improvement" does not, however, include either: a. 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 b. Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure. Z -, (3) For the purpose of Section 28-289, the term "historic structure" means: a. As defined in 44 CFR 59.1; or Y b. Locally designated as an individual property or asa contributing element of a historic district by the City Council through the process established by the Stillwater Heritage Preservation ordinance. The Stillwater Heritage Preservation Commission was certified by the State Historic Preservation Office and the Department of the Interior on January 29, 1988. Surface water -oriented commercial use, when -found in Section 28-291 (Shoreland Management Overlay District), means the use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal cce of business. Marinas, resorts and restaurants with transient docking facilities are examples of such on Temporary sign means a sign constructed of paper, cloth, canvas or other similar lightweight material and signs intended to be displayed for a short period of time. Therapeutic massage business means a business that offers therapeutic massage services as defined by section 41-9 of this Code. Three-dimensional sign means a type of projecting sign that depicts a physical object. Toe of the bluff, when found in Section 28-291 (Shoreland Management Overlay District), means the lower point of a 50-foot segment with an average slope exceeding 18 percent. Top of the bluff, when found in Section 28-291 (Shoreland Management Overlay District), means the higher point of a 50-foot segment with an average slope exceeding 18 percent. Tower, when found in Section 28-350 (Regulation of radio and television towers), means any pole, spire, structure or combination thereof, including support lines, cables, wires, braces and masts intended primarily for the purpose of mounting an antenna, meteorological device or similar apparatus above grade. Transportation terminal means truck, taxi, air, train, bus and mass transit terminal and storage area, including motor freight (solid and liquid) terminal, but only if accessory to a principal use permitted in industrial districts. Tree when found it Seel o 22 3 (T fee and Forest Pfeteetiea), means any woody plant that has at least one trunk with a diameter of six inches or greater measured at four feet above the ground. Page 328 of 481 Warehousing means the storage of materials or equipment within an enclosed building as a principal use including packing and crating. Use means the purpose for which land or a building is arranged, designed or intended, or for which either land or a building is or may be occupied or maintained. Variance, when found in Section 28-289 (Floodplain Overlay District), means a modification of a specific permitted development standard required in an official control including the ordinance from which this section was derived to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty or unique circumstance as defined and elaborated upon in a community's respective planning and zoning enabling legislation. In Section 28-290 (St. Croix River Overlay District), the term "variance" means any modification or variation of the dimensional standards, or other requirements of the St. Croix River Overlay District where it is determined that, because of hardships, strict enforcement of the dimensional standards or other requirements is impractical. Visually inconspicuous, when found in Section 28-290 (St. Croix River Overlay District), means difficult to see or not readily noticeable in summer months as viewed from the river. Wall sign means a building sign attached parallel to, but within one foot of a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface. Watercourse means a channel in Section 28-290 (St. Croix River Overlay District) in which a flow of water occurs whether continuously or intermittently. The term "watercourse" is applied to either natural or artificially constructed channels. 1W Wetland, when found in Section 28-290 (St. Croix River Overlay District), means land which is annually subject to periodic or continual inundation by water and commonly referred to as a bog, swamp, marsh or slough. In Section 28-291 (Shoreland Management Overlay District), the term "wetland" means a surface water feature classified as a wetland in the United States Fish and Wildlife Service. Window sign means a building sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the windowpanes of glass and is visible from theerior of the window. Woodland means a group of trees at one-half acre in area and with a crown cover of 50 percent or greater. Yard means an open space on a lot unoccupied and unobstructed from the ground upward. Yard, front, means an open unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the front lot line and the front line of the building projected to the sidelines of the lot. Yard, rear, means an open, unoccupied space on the same lot with a main building, between the rear line of the building and the rear line of the lot and extending the full width of the lot. Yard, side, means an open, unoccupied space on the same lot with the main building situated between the building and the sideline of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a lot line. (Code 1998, § 31-101; Ord. No. 1007, § 1(a), 4-21-2009; Ord. No. 1011, § l(A), 12-15-2009; Ord. No. 1023, § 1, 12-7-2010; Ord. No. 1024, § 2, 12-7-2010; Ord. No. 1093, § 1, 5-2-2017; Ord. No. 1126, § 1, 6-18-2019; Ord. No. 1135, § 1, 11-19- 2019; Ord. No. 1148, § 1, 8-18-20; Ord. No. 1150, § 2, 9-15-20; Ord. No. 1162, §§ 1, 2, 3-16-21; Ord. No. 1175, § 1, 11-9- 21; Ord. No. 1192, § 1, 9-6-2022; Ord. No. 1194, § 1, 9-6-2022; Ord. No. 1200, § 1, 3-7-2023) Sec. 28-3. Application of regulations. Except as provided in this chapter: (1) Conformity of building and land. No building, structure or premises shall be used or occupied and no building or part thereof or other structure shall be erected, raised, moved, placed, extended, enlarged or Page 329 of 481 altered, except in conformity with the regulations specified for the district in which it is located as shown on the Zoning Map. (2) Vacant lots of record. Notwithstanding the limitations imposed by any other provisions of this chapter, the City Council may permit erection of a dwelling on any lot (except a lot in an industrial district), separately owned or under contract of sale and containing, on May 1, 1974, an area or width smaller than that required for a one -family dwelling, provided that municipal sewer and water service is available to the site. (3) Conformity of buildings. No building, structure or premises shall be erected, altered or used so as to produce greater heights, smaller yards or less unoccupied area, and no building shall be occupied by more families than prescribed for the building, structure or premises for the district in which it is located. (4) Conformity of open spaces. No yard or open space shall be included as a part of the yard or open space required for any other building, structure or dwelling. (5) Substandard lots. No lot, yard, court or other open space, already containing less area than the minimum required under this chapter, may be further divided or reduced. (6) Transition zoning. Transition zoning is as follows: a. Lots in two districts. Where a district boundary line divides a lot which is in single ownership and of record, the district requirements applying to the least restricted portion of the lot shall be considered as extending to the entire lot. 1 r in b. Lots in residential zone adjacent to business odustrial zo e. A residentially zoned lot having a side yard adjacent to any commercial or industrial district may be utilized in accordance with the use requirements of the next least restricted residential zone, provided that the area, height and other restrictions of the zone district in which it is located are met. C. Lots in business or industrial di icts adjacent to a residential zone. Where a lot in a business or industrial district abuts a lot in residential district, there shall be provided along the abutting lines a yard equal in width or depth to that required in the residential district. d. Front yard transition. Where the frontage on one side of a street between two intersecting streets is zoned partly as residential and partly as business or industrial, the front yard depth in the business or industrial district shall be equal to the required front depth of the residential district. e. Corner lot transition. On every corner lot in a residential district, there shall be provided on the side street a side yard equal in depth to the required front yard depth on the side street. f. Parking lots and driveways abutting residential districts. Whenever a parking lot or driveway to a parking lot is established in other than a residential district so as to abut the side or rear line of a lot in a residential district, a solid masonry wall or a substantial sightly fence not less than six feet high and not more than eight feet high, shall be constructed and maintained along the side or rear lot line up to, but not beyond, the setback building line. In addition, in all use districts, the lighting, including any permitted illuminated sign, on any parking lot or driveway shall be arranged so that there will be no glare directed or reflected toward a residence building or residential districts. g. Reversed corner lot abutting residential district. In the case of a reversed corner lot where the rear of a lot in a commercial district abuts upon the side of a lot on any residential district there shall be a rear yard of not less than 25 feet, provided further that where a public alley at least 25 feet in width separates the rear of the lot in the commercial district and the side of the lot in the residential district, no rear yard shall be required. (7) Existing nonconforming lots of record. a. In any district where residential uses are permitted, structures may be erected on any legal nonconforming lot of record, irrespective of its area, width or depth, provided that: Page 330 of 481 1. The owner of the lot does not own any adjoining property; 2. Only one dwelling unit shall be allowed unless the lot meets the minimum lot area requirements of the zoning district for additional dwelling units; and 3. All other development standards for the zoning district are met. b. If the owner of the nonconforming lot also owns adjoining property, the subject nonconforming lot must be combined with the adjoining property prior to receiving a building permit for construction of a structure. If two or more platted lots, in which at least one of the lots is nonconforming individually, were previously combined for tax purposes, they cannot be uncombined and be considered buildable for purposes of this section. This subsection shall not apply to lots that fail to meet an area, width or depth requirement of Article IV or Article V, Division 4, of this chapter. lip (Code 1998, § 31-102; Ord. No. 1024, § 3, 12-7-2010) Secs. 28-4--28-24. Reserved. I J ARTICLE II. ADMINISTRATION AND ENFORCEMENT DIVISION 1. GENERALLY Sec. 28-25. Purpose. The purpose of this articleNtoeblish the procedures to administer this chapter and to set forth the basic responsibilities for its administration. (Code 1998, § 31-200) Sec. 28-26. Duties and responsibilities. (a) Decision boards and officials. The following is established: (1) Community Development Director. In order to carry out the purposes of this chapter on a day-to-day basis, to aid in the enforcement of this chapter and to relieve the Planning Commission and City Council of certain routine and nonpolicy functions, there is established the position of Community Development Director. (2) Planning Commission. The Planning Commission is established by Section 4-27(1)g and the administration of the Planning Commission is according to Chapter 4, Article II, Division 7. (3) Heritage Preservation Commission. The Heritage Preservation Commission is established by Section 4-27(1)c and the administration of the Heritage Preservation Commission is according to Chapter 4, Article II, Division 3. (4) City Council. The City Council consists of five members elected by the citizens of the City. Page 331 of 481 (b) Emergency situations. (1) Emergency permits. Where a permit is required as an emergency measure to protect life and property from imminent danger or to restore, repair or maintain public works, utilities or services during and immediately following a natural disaster or serious accident, any permit authorized by this chapter may be issued, provided that within three days of the disaster or discovery of danger an application is filed deciding the nature of the disaster and the type and location of work to be performed and that within 30 days a completed application for the necessary planning permit is filed. (2) Enforcement authority. The Community Development Director is authorized to enforce the provisions of this chapter in an emergency. (c) Violations. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor. (Code 1998, § 31-201; Ord. No. 1113, § 3, 10-2-2018) Sec. 28-27. Types of permits. The following permits and actions are established in order to carry out the proposes and requirements of this chapter: (1) Appeals; (2) Comprehensive Plan amendment; (3) Conditional er-speeW-use permit; (4) Demolition Site alter- i permit; (5) Design revie , pefmi ; Gfadiag oit; (6) Heritage preservation use variance; (7) Interim use permit; (8) Planned unit development e -Pr-ejeet medifieati Use 7 o ; an (9) Sign permit; (10) Site plan review; (11) Variance; (12) Zoning amendment text/map. (Code 1998, § 31-202; Ord. No. 1081, § 1, 7-21-2015; Ord. No. 1169, § 3, 7-20-21; Ord. No. 1175, § 2, 11-9-21) Sec. 28-28. Environmental review. The State Environmental Review Program, (MERP), Minn. Stats. $ § 116D.04 and 116D.045 and Minn. R. 4410.0200 to 4410.7800 require environmental review of projects that require permit approval of the City. The intent of the process is to evaluate and make publicly known the possible impacts of proposed projects on the environment and to investigate potential adverse impacts. Each project is evaluated by the Community Development Director according to the MERP guidelines, and a determination is made whether environmental review is required. (Code 1998, § 31-203) Page 332 of 481 Secs. 28-29--28-59. Reserved. DIVISION 2. GENERAL PROCESS FOR PERMIT APPLICATION AND HEARING Sec. 28-60. Generally. (a) Permit application. (1) Application fee. For purposes of reimbursing the City for administration of this chapter, the City will by resolution, from time to time, fix the amount of fees and penalties to be charged for processing all applications and appeals. (2) Consultant and administrative fees. a. Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Consultant fees means any charges billed to the City for services performed by the City Planner, Engineer and Attorney, exclusive of services performed as part of the consultant's normal retainer or by special agreement between the City and its consultants. Development means any rezoning, subdivision, speeial „se ,.o,.mit conditional use permit variance, building addition, change in site plan, request for project review, request for City assistance and requests for tax increment assist7�1 � n,.meansanyperson- b. Establishment of fees. An owner that causes the City to expend monies for consultant fees associated with a development or proposed development, shall reimburse the City for the fees. C. Deposit with City. When the expenditure of consultant fees is anticipated, the City may require the owner to deposit with the City0,18h advance, a srum equal to the estimated amount of fees. d. Unpaid fees. When any consultant fees are unpaid 30 days after notice given by the City, the fees and costs may be spread against the property in the development as a service charge and certified to the County for collection with the real estate taxes. (3) Performance. Projects with public improvements must submit a cash deposit or letter of credit in the amount of 125 percent of the cost of construction. The City may draw on the cash deposit or letter of credit to correct erosion and sediment concerns not addressed within the timeframe established in this subsection or to correct any failure to comply with the requirements of the State Pollution Control Agency General Stormwater Permit for Construction. The letter of credit must guarantee completion and compliance with conditions within a specific time and may be extended in accordance with Section 22-88(f)2. (4) Application submittal process. An application for a permit must be made by the property owner or authorized agent to the Community Development Director on forms prepared by the Community Development Director. The application must require the applicant to submit information necessary for adequate review. Applieation review time limit. Exeept where State law requires a faster- appheation review time, - -- completed appheations a�mst be aeted tipen aeeer-diag to established schedules within si�E months afte submittal , doss an xteasio ; granted by the City Getineil. (b) Conditions of approval. Decision boards and officials established by Section 28-26(a) may require changes to applications and impose conditions of approval in any permit. (c) Public hearing. 2 The definition of "owner" seems to have text missing. Please submit a definition if you would like. Page 333 of 481 (1) Required. A public hearing is required for the following: a. Appeals; b. Conditional or speeial use ..e f fflit conditional use permit; C. Planned unit development permit; d. Variances; C. Heritage preservation use variance; f. Zoning chapter text or map amendments; and (2) Notice of hearing. When a hearing is required, notice must be given not less than ten calendar days prior to the public hearing. a. Notice must be given by publication in a newspaper of general circulation and mailed by first class mail. All means of notice must include: 1. Assigned case number; 2. Time, place and date of hearing; 3. A brief description of the matter to be considered an it requested; 4. Legal description of property and, if available, the address; 5. A brief description of the general procedures for submittal of public comments; and 6. The name of the owner or authorized age woor b. Notification of first class mail shall be made to the following: All property owners within 350 feet of the periphery of the project site. 2. Persons requesting notice of a specific project. 3. Commissioner of the Dep rtment of Natural Resources and Executive Director of Minnesota/Wisconsin Boulidary Area Commission, when required. (3) Continuance of hearing. A board or official on its own motion may continue a hearing from time to time. The applicant may req)Wt that their project be acted upon rather than continued. (d) Finding required. Prior to action on any permit application, a board or official shall make findings with respect to the manner in which the project conforms to the appropriate requirements as outlined in this chapter. (e) Board or official body with final authority in application approval. The following table indicates the decision -making body that can approve an application and the body to which an appeal can be made: Public Hearing Requirements and Decision -Making Authority ME 0 :.y. Page 334 of 481 Planned unit development PC GG F$D cc- €f 14PC PC cc - Site alter-Miea-pema4 HPG cc- F$D CC - Zoning or-difianee teiIit4na-p PG CC Permits/Action 3 Recommendation Action Appeals Board Administrative decisions CDD PC Conditional use permit' PC CC Certificate of compliance CDD CC Design Permit HPC CC Heritage preservation use variance PC HPC CC Interim usepermit' PC CC Planned unit development V CC Sign design approval HPC/CDD CC Sin plan review PC CC Variance PC CC Demolition permit HPC CC Zoning ordinance text/map PC CC Table Key and Notes: CC - City Council. } CDD - Community Development Director. PC - Planning Commission. HPC - Heritage Preservation Commission. ' Conditional or interim use hermits in the Central Business District. General Commercial District Floodplain Overlay District and the St. Croix River Overlay District. Over -lay Pistr-iet, the St. Gr-aix River- Over -lay Dis44et, and the Regulation of Radio and Television T-E)wer-s, the City Couneil shall be final deeision atahor-ity. Additionally, the City Cotmeil shall be the final deei i &athofit-y for- those speeific conditional or- speeial use pei:mits so noted in the tise tables of Seetiefis 31 315 an 3 Is it your intention to replace the first table with the second, as we've done? Page 335 of 481 (f) Permit life cycle. (1) Life ofpermits. Each approved permit will expire and become null and void 12 24-months after the date on which it is approved unless the action permitted has been completed. A lesser time may be specified as a condition of project approval. A permit may be extended for an additional period not to exceed one year the board or official that approved the permit. An approved pei:mit applies to the subjeet pr-epefty and ndas with the land exreept when, beeatise of the naWfe of the use, a eendition of approval requires that awner-ship or- management is er-i to the allowed use. six eefiseeutive fnefiths whether- or- not it is the intent of the pefmit holder- to abandon the tise, — Extension of pefmits. A pefmit may be extended for- an additional period not to exeeed one Yeaf by th board or- effieial that approved the pefmit-. (2) Revocation ofpermit. Where the conditions of approval of apermit have not been met or followed, the City Council must give notice to the permittee. The notice must specify a reasonable period of time within which to perform the conditions and correct the violation. If the permittee fails to comply with the conditions or correct the violation within the time allowed, notice must be given to the permittee of intention to revoke the permit at a hearing to be held not less than ten calendar days after the date of the notice. Following the hearing and if good cause exists, the City Council may revoke the permit. (g) Modification ofpermits. Modification of ttse permits shall be as follows: (1) Minor modifications. The Community Development Director may modify conditions imposed on any permit at the request of the permit holder where evidence has been submitted that the requested modification: a. Will not significantly ter the permit; and b. Is made because of ch ged circumstances. (2) Major modifications. The Community Development Director must refer major modifications to the board or official body with final decision -making authority any requested modification that involves. A major modification is considered to be any modification that consists of a significant increase in size or change in nature of a project. A public hearing must be held by the decision -making authority. (h) Application withdrawal. An application may be withdrawn by the applicant prior to final action. The withdrawal must be submitted by the applicant in writing. Withdrawal of an application will terminate all further action on the application. (i) Resubmittal of denied or withdrawn application. When a permit is denied or withdrawn, no new application for the same or substantially the same project may be filed for a period of one year from the date of the denial or withdrawal. , an apphea4ion for- the substantially the same pr-ejeet may be filed within the period of one yeaf. (Code 1980, § 33.03; Code 1998, §§ 31-204, 33-3; Ord. No. 1001, § 1, 10-28-2008; Ord. No. 1007, § 1(b), 4-21-2009; Ord. No. 1081, § 2, 7-21-2015; Ord. No. 1090, § 2, 2-7-2017; Ord. No. 1169, §§ 4, 5, 7-20-21; Ord. No. 1175, § 3, 11-9-21) Page 336 of 481 Secs. 28-61--28-78. Reserved. DIVISION 3. SPECIFIC APPLICATION PROCESSES AND REQUIREMENTS Sec. 28-79. Zoning map and zoning text amendment. Amendment of the text of this chapter or the Zoning Map shall be according to the following: (1) Generally. The provisions or text of this chapter or the Zoning Map may be amended by the City Council, by ordinance when public necessity, the general community welfare and good zoning practice permit the amendment. All amendments to the Zoning Map must be in conformance with the Comprehensive Plan, adopted area or specific plans and other appropriate City policy. (2) Application. Amendments may be initiated by the City Council, the Planning Commission or the owner or authorized agent of the property. (3) Planning Commission hearing. A public hearing must be held by the Planning Commission on all proposed amendments. The Commission must forward a recommendation for approval, modified approval or denial to the City Council for final action. (4) Findings required. Prior to making a recommendation for approval or modified approval of a proposed amendment to the City Council, the Commission must first find that the public necessity, and the general community welfare are furthered; and that the proposed amendment is in general conformance with the principles, policies and land use designations set forth in the Comprehensive Plan. amendment,— City eetmeil heafing. Upon r-eeeipt of the planning commission recommendations a -ad prior- to the adoption of any (5) Findings required. Prior to the adoption of an ordinance amending any of the provisions of this chapter, the City Council must find that: i a. The public necessity and the general community Welfare warrant the adoption of the amendment; and b. The amendment is in general conformance with the principles and policies set forth in the Comprehensive Plan and any adopted area or specific plan. (6) Modification by City Council. Modification of proposed amendments by the City Council shall be as follows: a. Nonsubstantive changes. The City Council may modify any proposed amendment by making nonsubstantive changes P the wording of a proposed text amendment; or, in the case of a proposed Zoning Map amendment, by reducing the area involved or by adopting a more restrictive zoning classification. Prior to taking the action, the City Council may refer the proposed change to the Planning Commission which must report back to the City Council within 30 days after the date of the City Council referral or it will be deemed to have approved the proposed change. b. Substantive change. Any substantive change proposed by the City Council must be referred to the Planning Commission for a public hearing. The Commission must report to the City Council within 60 days of referral. Where action cannot be taken within 60 days by the Commission, it may request a longer period of time, and the City Council may grant an extension. (Code 1998, § 31-205) Sec. 28-80. Comprehensive Plan amendment. (a) Comprehensive Plan amendment procedures. The Comprehensive Plan may be amended by the City Council according to procedures established for zoning text and map amendments. (b) Area plan. Area plans maybe amended by the City Council according to the procedures established for zoning text and map amendments. (Code 1998, § 31-206) Page 337 of 481 Sec. 28-81. Conditional use permit. A speeial use peffflit of conditional use permit shall require the following: (1) Purpose. The purpose of a permit is to allow the integration of essential or desirable uses which may be suitable only in certain zoning districts or designed or arranged on a site in a certain manner. (2) Scope. All conditional and uses set forth in this chapter are subject to use permit review and are declared to be of such unique and special character that it is impractical to include them as principal permitted uses or as accessory uses in any district. (3) Procedure. Issuance procedure is as follows: a. The Planning Commission is authorized to issue speei ' use po,.mits and conditional use permits for all uses designated in the district regulations of this chapter as permitted by a use permit or conditional use permit. However, on the rare occasion when accountability is an issue, the Planning Commission may refer a conditional use permit ^r speei ' use ..o,.,,,:* to the City Council. b. A public hearing shall be held by the Planning Commission. (4) Findings required. In approving a conditional use permit, it must be determined by the Planning Commission that: a. The proposed structure or use conforms to the requirements and the intent of this chapter, and of the Comprehensive Plan, relevant area plans and other lawful regulations; b. Any additional conditions necessary for the public interest have been imposed; and C. The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. (5) Exceptions. For conditionaland—,Iweial-use permits in the General Commercial District, Floodplain Overlay District and the St. Croix River Overlay District, the City Council shall be final decision authority. Additionally, the City Council shall be the final decision authority for those specific conditional mouse permits so noted in the use tables of Sections 28-211 and 28-238. For any site plan review conditional use permit associated with a large building project in the CBD Zoning District, the City Council sliall be the final decision authority and the Planning Commission will review and make a recommendation. (Code 1998, § 31-207; Ord. No. 1058, § 2, 2-5-2013; Ord. No. 1090, § 3, 2-7-2017) Sec. 28-82. Variances. Pe Variances shall require the following: (1) Purpose. The purpose of the variance is to allow variation from the strict application of the terms of this chapter where, by reason of the exceptional physical characteristics of the property, the literal enforcement of the requirements of this chapter would cause practical difficulties for the landowner. (2) Applicability; general requirements. In no case may a variance be granted to permit a use or a density other than a use or density permitted in the district. Nonconforming uses or neighboring lands, structures or buildings in the same district or other districts may not be considered grounds for issuance of a variance. The Planning Commission may impose conditions in the granting of a variance. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. (3) Procedure. A public hearing must be held by the Planning Commission. (4) Findings required. The Planning Commission may grant a variance, but only when all of the following conditions are found: a. The variance is in harmony with the general purposes and intent of this chapter. b. The variance is consistent with the Comprehensive Plan. Page 338 of 481 C. The applicant for the variance establishes that there are practical difficulties in complying with this chapter. The term "practical difficulties," as used in connection with the granting of a variance, means that all of the following must be found to apply: 1. The property owner proposes to use the land in a reasonable manner for a use permitted in the zone where the land is located, but the proposal is not permitted by other official controls; 2. The plight of the landowner is due to circumstances unique to the property and that are not created by the landowner; and 3. The variance, if granted, will not alter the essential character of the neighborhood. Economic considerations alone do not constitute practical difficulties. that the eendition of the property or the intendeduse of the propefty for- which the var-ianee is sought is so general or reetiffent in natffe that a general regulation for the condition is required. (5) Precedents. A previous variance must not be considered to have set a precedent for the granting of further variances. Each case must be considered on its merits. Height var-ianees. The City Couneil is the final eity aut4er-ity for- deeiding Won any request for- a vafianee that would be more #tan ten per-eent gr-ea4p--.r-- the-,' hei& allowed in this ehapter-. The planning ee m hold a public hearing on a height --iest and M.Ust make r-eeo menda4ioa to the Git-y Gotineil on whether- the requested variance meets the findings r-eqttir- Se do 31 208W. ' (Code 1998, § 31-208; Ord. No. 1042, § 1, 12-6-2011) Sec. 28-83. Heritage preservation use variances. Heritage preservation use variances shall require the following: (1) Purpose. The purpose of the heritage preservation use variance is to allow for uses on heritage preservations sites, as defined in Chapter 4 A rticle II, Division 3, or those properties or buildings independently listed on the National Regis er of Historic Places that would otherwise be prohibited due .11 to the current zoning classification, in an effort to preserve and promote the City's historic resources. Such authority for historic use variances is granted pursuant to Minn. Stats. § 471.193, subd. 3(6). (2) General provisions. a. A use variance shall ojK be granted to allow a use that is deemed by the Historic Preservation Committee to be similar to or less intense than the current or a former use of the property. The Planning Commission may recommend, and the Heritage Preservation Commission may add conditions to, the resolution approving a use variance to address the factors listed in Subsection (2)b of this section, or other additional factors that are reasonably necessary to fulfill the policies and purposes of the Heritage Preservation Commission identified in Section 4-80. b. In considering an application for a heritage preservation use variance under this section, the following factors shall be considered: 1. The age, appearance, and structural integrity of the structure; 2. The historical significance and previous use of the structure since its construction, and the desirability of maintaining its existence; 3. The likelihood that the structure could be preserved and used in a manner conforming with the underlying zoning classification without the issuance of a use variance; 4. The nature and extent of any rehabilitation planned for such structure and the likelihood that the same will enhance or diminish the historical significance of the structure; 5. The likely impact of the proposed use on the health, safety, and comfort of the surrounding properties; and Page 339 of 481 6. The number and nature of variances required for the proposed use. C. A property with an approved heritage preservation use variance shall not be rezoned to a zoning district that is incompatible with the existing zoning district or surrounding zoning districts, unless it is included in a rezoning amendment with surrounding properties. d. A property with an approved heritage preservation use variance is subject to the design permit review process in Chapter 4, Article II, Division 3 and 28-84. (3) Procedure. A public hearing must be held by the Planning Commission, who shall make a recommendation to the Heritage Preservation Commission. (4) Findings required. The Heritage Preservation Committee shall hold a hearing and may grant a heritage preservation use variance, but only if all of the following conditions are met: a. The structure has been accepted for registration on the national or state registers of historic places. b. The use variance is in harmony with the general policies and purposes of the Heritage Preservation Commission, Section 4-80; C. The use variance is consistent with the Comprehensive Plan's objectives as they relate to the preservation of historic properties; d. The proposed use is reasonable and compatible with t ent or historic use of the property or is equal to or less intense than the current or historic u e. The use variance, if granted, will not alter the ssential aracter of the neighborhood or detrimentally impact the surrounding neighborhood.�'� (Code 1998, § 31-208.1; Ord. No. 1169, § 6, 7-20-21) Sec. 28-84. Design review. Design pefmits shall require the fellewing� (1) Purpose. The purpose of the design review procedure is to ensure that building and site development is designed to complement the character and integrity of the City's traditional neighborhoods and commercial districts, including adjacent buildings, the streetscape, and the natural environment. (2) General provisions. no,,,,irement for approval of a desig,, ..o.m,:* The process of approval for design review shall be established within Chapter 4, Article II, Division 3 and the downtown design review (DDR) and neighborhood conservation (NC) overlay zoning districts. (3) Procedure. A design permit application is subject to the following procedure: a. Submission of application. Applicant shall submit a complete design pemi4 review application accompanied by detailed plans including a site plan, building elevations and design details, application requirements established in adopted special design guidelines, and materials deemed necessary by the Community Development Department to evaluate the request. b. Heritage Preservation Commission (HPC) review. The HPC shall consider the application at a hearing and approve, approve with conditions or deny the application. 7f the .,,.,.':,,ation involves a new dwelling house within the NG ever -lay distfiet, the hearing shall be a p4lie hearing. F other- applioations, no publie hearing is required. (4) Design review standards. In making a determination whether to approve or deny an application for a design pe t-review, the Commission shall be guided by the following standards: a. Proposed alterations to a heritage preservation site shall conform to the Secretary of the Interior's Standards and Guidelines for Rehabilitation. b. Proposed alterations shall conform to special design guidelines for areas or districts of the City officially adopted by the City Council. C. Proposed alterations shall conform to the existing primary and secondary structure setbacks and Page 340 of 481 neighborhood street rhythm. d. The height, scale, mass and proportion of the proposed alterations, including fagade openings and roof style, shall be compatible with the site and its surroundings. e. Proposed alterations shall have four-sided detailing and materials. f. The location, height and material of walls, fences, hedges, trees and screen plantings shall ensure compatibility with adjacent development and the environment and conceal areas, utility installations and other unsightly development. g. The appearance of the number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures shall be compatible with adjacent development. h. The HPC may include conditions in its decisions that it deems reasonable and necessary to carry out the intent of this chapter and this section. Upon findings by the HPC that the application, subject to conditions as it deems necessary, will meet the above criteria, secure the purpose of this chapter, the Comprehensive Plan, and the heritage preservation ordinance, the HPC may approve the design permit review. If findings are made that an application would violate the criteria of the Stillwater Design Guidelines ^ design pe , the HPC must deny the application. (5) Findings required and criteria. The HPC shall make findings that the application meets each of the following criteria in order to approve a design permit review: a. The proposed building alteration or new construction, including its appurtenances, does not materially impair the architectural or historic integrity of the building and site, adjacent buildings and sites, or the neighborhood as a whole. `V - b. If located in a historic district, the proposed building or site alteration or new construction is compatible with and will ensure continued significance and integrity of all properties within the historic district based on the periods of significance under which the district was designated. C. Granting the design permit revC e in keeping with the spirit and intent of this chapter and does not negatively alter thecharacter and significance of the building, site, and its surroundings. (6) Appeals. The design permit review applicant or any party aggrieved by the Community Development Department's or HPC's decision shall have a right to appeal such order and decision to the City Council as follows: ' a. Filing. Appeals Eromqa decision of the Community Development Department or HPC shall be made in writing and all state the reasons for the appeal. The appeal, accompanied by the appropriate fee, must be received by the City Clerk not later than ten calendar days following the date of action from which the appeal is being taken, unless otherwise specified in section 28-139. b. Stay, pending appeal. The receipt of a written appeal will stay all action and approvals or permits which may have been granted, pending the decision of the City Council. (7) Modifications to design reviews. Modification of design permits reviews shall be as follows: a. Minor modifications. The Community Development Department may administratively approve modifications to ^ Nditions imposed on any design permit, at the request of the design permit review holder, where evidence has been submitted by the design permit review holder that the requested modification: 1. Is substantially similar to the approved design permit review; and 2. Will not significantly alter the design permit review; and 3. Is made because of changed circumstances. b. Major modifications. The Community Development Department must refer major modifications to any design approval permit to the unr A modification is considered to be major when it constitutes a significant revision, to a permi including, but not be limited to, setback and rhythm, Page 341 of 481 height, scale/mass and proportion, detailing and materials, or appropriate screening. (Code 1998, § 31-209; Ord. No. 1071, § 2, 10-7-2014; Ord. No. 1081, § 3, 7-21-2015; Ord. No. 1150, § 3, 9-15-20) Sec. 28-85. Planned unit development permit. Planned unit developments shall meet the following requirements: (1) Purpose. The purpose of a PUD is to provide for a means o£ a. Ensuring variety, innovation and flexibility in the development of land and its improvements. b. Allowing a mixture of uses in an integrated and well -planned area to aid in providing a better living environment. C. Allowing for flexibility in group building development wherein the relationship is between building and building or buildings and site, rather than between building and property lines, as is the case in monostructural development. d. Preserving natural beauty spots, open space and recreational areas. (2) Qualifications and requirements. Qualifications and requirements shall be as follows: a. Land to be improved as a PUD: 1. Shall be at least three acres in size; 2. Shall be at least one complete City block in size; Shall have a density in excess of 25 dwelling units per acre; or 4. Shall, when fully developed, contain upon it at least two principal buildings. b. Smaller lots may be improved as PUDs if they: Are adjacent to or across the street from property which already has been approved for a PUD; 2. Contain unusual physical fgtures; of, 3. Are of special historical interest. C. Lots under separate ownership meeting the above requirements may be considered eligible for a PUD permit if a plan is submitted for the entire area and if financial accountability can be provided and shown for all aspects of the plan. d. Permitted uses in a residential PUD must include detached, semidetached, attached, clustered or multistoried dwelling unit structures, or any combination thereof, and any nonresidential use designed to serve the residents of the PUD and of the vicinity, but which is not deemed to be objectionable. e. Permitted uses in a nonresidential PUD are limited to those permitted, either specifically or by speeial use poFm:+ conditional use permit, in the zoning district. f. Aggregate density of structures and building heights on privately or commonly owned property may not exceed the limits imposed by the zoning district in which these structures would normally be located. g. Aggregate impervious coverage for a mixed -use PUD must not exceed the maximum lot coverage (impervious) standard for its underlying zoning district though individual lots may exceed the maximum. h. Copies of all covenants and easements relating to the provision, use and maintenance of common open space must be filed with the Community Development Director. When a corporation is formed to maintain space or facilities, the City is empowered to abate any nuisance resulting from the lack of maintenance and has the authority to assess the cost of the abatement of the nuisance to all property owners holding membership in the corporation and to spread the costs as an assessment and to certify the costs to the County Auditor for collection with the real estate taxes. Page 342 of 481 i. The PUD project must be designed and developed to harmonize with both existing and proposed development in the area surrounding the site and with the City's Comprehensive Plan. j. Land must be dedicated to the City for recreation or other open space purposes consistent with the standards and criteria contained in the park dedication policy. k. All public utilities and communications transmission facilities must be installed underground. 1. A building setback from property which is adjacent to the PUD site and that is zoned or being used for a less intensive use must be at least equal to twice the proposed building's height, except in a Highway Mixed Use PUD, where the building setback must be no less than 50 feet. m. A landscaping plan with a detailed planting list must be approved. n. All private streets, sidewalks and parking areas must be built and maintained in accordance with City standards and specifications. (3) Submittal requirements. The following information must be presented for review in accordance with the procedures outlined in Subsections (d) and (e) of this section: a. A certified plot plan (at a scale of one to 100 or larger) showing all information required by Chapter 26. b. A vertical aerial photograph of the site at a scale of one to 200 or larger. C. The legal description of the property. d. The nature of the applicant's financial interest in the la be developed and the proposed methods of interim and long-term financing to the project. e. A statement describing ultimate density�f the proposed development and the expected impact upon the City school district. f. A schematic drawing and map of the proposed development area, including street layouts and lot sizes and locations. g. Proposed allocations of land use expressed as a percentage of the total and in acres. Uses to be indicated must include: ,e,-"* 1. Streets, both public and private, and other transportation facilities. 2. Open space, both public and private. 3. Commercial uses. 4. Industrial uses. 1 5. A stratification of residential use in terms of number of single-family detached, single- family attached and multiple -family dwellings. h. A certified map (at a scale of one to 100 or larger) of existing site conditions, that include at a minimum: 1. General topographic features. 2. Location and extent of tree cover. 3. Slope analysis. 4. Location and extent of swamps, wetlands and streams. 5. Significant rock outcroppings. 6. Existing drainage patterns and ponding areas. i. A general development site plan (at a scale of one to 100 or larger) indicating all circulation elements, pedestrian and vehicular, all natural open space, recreation space, structures, landscaping, fences and other on -site improvement features. j. A certified utilities plan, indicating street lighting, storm drainage ponding, runoff and disposal Page 343 of 481 facilities and the placement of water, sewer and electrical, gas and communications. k. A staging plan for any project involving more than one year's construction time. 1. Tables and graphs indicating the gross square footage of commercial or industrial floor space by specific type of activity and the number of residential dwelling units by the number of bedrooms. in. Preliminary architectural plans, indicating the floor plans, elevations and exterior wall finishes of all proposed buildings. n. The plan for solid waste disposal that meets City, County and Pollution Control Agency requirements. o. Firefighting and other public safety facilities and procedures. p. An economic benefit analysis if required by the Planning Commission or City Council for aid in evaluating the impact of the development on City facilities and services. q. A recreational plan. r. A public buildings plan providing for school, administrative or public safety quarters. S. Other plans or information required by the Community Development Director. (4) Concept approval. Concept approval procedures are as follows: a. The applicant must file a statement of intention to develop property under the PUD provisions along with the application fee and a review deposit to cover estimated legal and engineering costs. Any amount remaining after administration, engineering and legal costs have been paid will be refunded to applicant. If the deposit is not sufficient, the applicant must submit an additional amount to the City. b. The request must be referred to the Planning Commission. The applicant must present at least 12 copies of the information listed in Subsections (2) and (3) of this section. The Commission must make a recommendation to the City Council within 45 days. C. Upon receipt of concept approval and any modification to the plans required by the City Council, the applicant may proceed to file a request for final approval. Failure to do so within six months of the date of the receipt of the concept approval, will be cause for revocation of concept approval. d. Concept approva ill not bind the City to grant final approval. (5) Final approval procedures. Final approval procedures are as follows: a. The applicant must file a request for final approval along with the required fee to cover the costs of checking and processing plans, plus a deposit to cover estimated administration, engineering and legal costs. Any amount remaining after administration, engineering and legal costs have been paid will be refunded to the applicant. If the deposit is not sufficient, the applicant must submit an additional amount to the City before final approval may be granted. b. The request must be referred to the Planning Commission. Unless waived specifically by the Commission, 12 copies of all information listed in Subsection (3) of this section and required data must be submitted for review. The Commission must make a recommendation to the City Council within 45 days of the submission of the final plans. C. The City Council may hold a public hearing on the request. d. The City Council must evaluate the PUD request using all criteria consistent with this subsection, the needs of the City, and common land use planning principles and standards and must make its decision within 60 days of the date of the public hearing. (6) Staged developments. If it is proposed to develop a project during a period which will exceed two years, the applicant may request concept approval for the entire project and permission to submit detailed information respecting only the first stage of the project. If permission is granted by the City Page 344 of 481 Council, a separate public hearing may nevertheless be required respecting each stage of the project as it is reached. Detailed plans must be submitted in accordance with the approved phasing schedule. (7) Final approval and issuance of PUD permit. Final approval by the City Council and the issuance of a PUD permit will occur when: a. All agreed upon public open space has been deeded to the City and has been officially recorded; or an agreement has been reached between the City and the applicant for cash payment in lieu of land donation. b. Design and construction specifications for all public utilities and street improvements have been approved by the City Engineer. C. A plat of the development site, if needed, has been filed and recorded both with the City and the County Register of Deeds. Failure to register the plat, within 120 days of final approval is grounds for revocation of the PUD permit. d. An agreement has been reached between the City and the applicant specifying the standards to be used in the construction of all streets and utilities, storm ponding, runoff and disposal facilities, landscaping, final grading and the provision, use and maintenance of privately owned recreational facilities. To ensure that these improvements are completed under the terms of the agreement, the applicant must post a corporate surety bond or cash bond equal to 125 percent of the cost of the improvements guaranteeing the faithful performance of the work specified in the agreement or the payment of any costs to the City in a sum equal to the total as recommended by the City Engineer and approved by the City Council. The bond must cover all requirements; provided, however, that part of the bond may be released when any part of each phase is completed, upon the recommendation of the City Engineer. e. All other plans and conditions of final approval h e 7een approved. (Code 1998, § 31-210; Ord. No. 1145, § 1, 8-18-20) See Seetion 31 524 (Grading) and Seetion 31 401, sttbd. 6(e) (St. Gr-oi�i River- over -lay distfiet) for- Peffflit re"ir-efnents. (Code 1998, R 31 21 2) Sec. 28-86. Vegetative cutting permit. See Section 28-290(6)b.2(v). (Code 1998, § 31-213) Page 345 of 481 Sec. 28-87. Sign permit. See Section 28-348 for sign requirements. (Code 1998, § 31-214) Sec. 28-88. Site plan review. (a) Pre -application sketch review process. (1) Prior to the submission of a site plan application, potential applicants may present a sketch to the Community Development Director. The sketch may be conceptual and may include the following related materials: a. A scale drawing of the proposed site with reference to existing development within 200 feet of adjacent properties. b. General location of proposed structures. C. Tentative street arrangements, both public and private. d. Amenities to be provided such as recreational areas, open space, walkways, etc. e. General location of parking areas. f. Proposed public sanitary sewer, water and storm drainage. g. A statement showing the proposed density of the project with the method of calculating said density also shown. h. Topographic contours at two -foot intervals. i. Wetland delineation. j. Proposed general schedule of developm k. Information on the proposed defefuloper. 1. Other information or materials in r iewing the sketch. in. Letter of concurrence from landowner. (2) Requests for pre -application sketch review shall be submitted to the Community Development Director. The sketch shall be accompanied by a fee and a cash escrow. The sketch shall also be accompanied by written and graphic materials, the number, size, and format as prescribed by the Community Development Director, describing the proposed change, development, or use. The application shall be considered officially submitted and complete when the applicant has complied with all the specified information requirements. (3) The Community Development Director shall review the sketch and provide informal comments. The Community Development Director shall have the prerogative and authority to refer the sketch to the Planning Commission and/or City Council for discussion, review, and informal comment. Any opinions or comments provided on the sketch by the Community Development Director, Planning Commission, and/or City Council shall be considered advisory only and shall not constitute a binding decision. (b) Formal application site plan review procedures. The procedure for site plan review is as follows: (1) The property owner or agent shall meet with the Community Development Director to be advised of the procedures and obtain an application form. (2) The applicant shall file the completed application form together with the required exhibits and fees pursuant with the Community Development Director. (3) The Community Development Director shall submit the application to the Planning Commission for its review, comment and recommendation to the City Council. Page 346 of 481 (4) The City Council shall, after receipt of the report of the Planning Commission, either approve or deny the application, within the timeframe established by Minn. Stats. § 15.99. (5) The City Council may impose such restrictions or conditions as may be necessary to comply with the standards established by this section, or to reduce or minimize the impacts upon other properties in the neighborhood and to better carry out the intent of the Comprehensive Plan and the Zoning Code. Any condition must be directly related to and must bear a rough proportionality to the impact created by the application. (c) Exempt from site plan review. Except in those cases specifically cited within this section, the following shall be excepted from the requirements of this section and shall be processed through the building permit review process: (1) Single-family dwellings and accessory structures; (2) Recreational structures and buildings in public parks. (d) Required site plan application information and materials. The following information and materials shall be required for the application: (1) A complete application form signed by all property owners. (2) All required fees and escrows. (3) A statement identifying all property owners of all land included wit n the proposal obtained from the County or a title or abstract company. (4) Accurate and to -scale development plans for the project area, the number of which to be provided as indicated on the application form, including the;ollowing minimum information: a. North point and graphic engineering scale. b. Location map showing relationship to street syste; and surrounding development. C. Date of preparation and revisio4dates. d. Boundary line survey, including measure distances and angles which shall be tied to the nearest 1/4 corner or section corner by traverse. e. Existing and proposed right-of-way widths and names of proposed streets. f. Site statistics including: 1. Gross site acreage/minimum lot size in the zoning district. 2. Total stormwater �fianagement acreage. 3. Any wetland impact area and wetland replacement area. 4. Percent green space. 5. Net density. 6. Existing, proposed and required parking. g. Locations of rights -of -way, driveways, parks and public lands, permanent buildings and structures, easements, section and corporate lines, water courses, marshes, wooded areas, rock outcrops, power transmission poles and lines and other significant features within the site and to a distance of 200 feet beyond the property boundary. h. Locations and dimensions for existing and/or proposed buildings or other structures; setbacks; walkways and bikeways; off-street parking and driveways; refuse and service areas including screening materials; loading areas and docks; any fencing including material type; and any signs. i. Architectural renderings and specifications for exterior wall finishes and percentages proposed for all principal and accessory structures. j. Colored site plan and elevations. Page 347 of 481 k. A utility plan showing all existing and proposed water, sanitary sewer and stormwater management utilities needed up to 200 feet beyond the project area boundary as well as pipe diameters, rim and invert elevations and pipe gradients for sanitary sewer and storm sewer mains. 1. A grading plan with topographic data for 200 feet around the subject property or around major features with intervals not exceeding two feet, except where the horizontal contour interval is 100 feet or more in which case a one -foot vertical interval shall be shown. All proposed stormwater management facilities, roadway gradients and spot elevations on parking lots and curb lines must also be shown on the grading plan. in. Ingress and egress to property and proposed structures thereon and with particular reference to vehicular and pedestrian safety and convenience, traffic flow and control and access. n. Screening and buffering with reference to type, dimensions and purpose. o. Exterior lighting plans showing proposed exterior lighting and signs with reference to fixture types, height including base, glare, traffic safety, lumen levels at all property lines, and compatibility and harmony with properties in the district. p. Landscape plan showing quantities, size, common and botanical names, mature heights and spreads, root type and locations of plants and areas of sod. q. Stormwater management analysis, if required. r. Sustainable design elements, if any. 1k S. Such other information as required by the Community Development Director. (e) Administrative approval. (1) The site plans for certain projects, including, but not limi d to, those types of projects listed below, may be reviewed and approved administratively by the Community Development Director or designee in coordination with the City's other departments and any relevant regulatory agencies; however, the Community Development Director may, at his or her discretion, refer any site plan to the Planning Commission and City Council for review. If (2) Proposed minor structural additions involving either up to ten percent or less of the total existing floor area or site expansions or modifications involving ten percent or less of the total existing site area which meet all ordinance requirements may be approved by the Community Development Director prior to the building permit being issued, and shall not require Planning Commission or City Council review, subject to the following: a. This section shall applo all permitted residential and nonresidential uses which are subject to the site plan approval requirements of the Zoning Code, and to those conditional uses involving commercial and industrial uses, and for which the minor structural additions or site modifications do not significantly alter or conflict with the original intent and parameters of the approved conditional use. The Community Development Director shall determine what constitutes significant change. b. This section shall apply in the cases of new developments which have received City Council plan approval, but for which building permits have yet to be taken; and this section shall apply to existing developments for which there are on file City Council -approved site plans. C. Compliance with all ordinance requirements shall be construed to include all adopted policies and codes. d. Unresolved disputes as to administrative application of ordinance requirements shall be referred to the Planning Commission and City Council following normal plan review and approval procedures. e. Plans submitted for minor structural additions or minor site alterations under the terms of this section shall be the same as those required by the ordinance for site plan approval. Page 348 of 481 (f) Lapse. The site plan approval shall lapse and become null and void if work is not commenced within one year of the date of approval. Sec. 28-89. Temporary family health care dwellings. Pursuant to authority granted by Minn. Stats. 462.3593, subd. 9, the City opts -out of the requirements of Minn. Stats. L 462.3593, which defines and regulates temporary family health care dwellings. The effect of opting -out is that temporary family health care dwellings will not be permitted in the City. (Code 1998, § 31-215.1; Ord. No. 1089, § 1, 80-16-2016) Secs. 28-90--28-119. Reserved. DIVISION 4. NONCONFORMING USES OR STRUCTURES Sec. 28-120. Nonconforming uses or structures. (a) Any nonconformity, including the lawful use or occupancy of land, buildings, structures, or premises existing at the time of the adoption of an additional control under this chapter, may be continued (including through repair, replacement, restoration, maintenance, or improvement, but not including expansion) unless: (1) Discontinuance. The nonconformity or occupancy is discontinued for a period of more than one year; or (2) Destruction. Any nonconforming use destroyed by fire or other peril to the extent of greater than 50 percent of its estimated market value, and no building permit has been applied for within 180 days of when the property is damaged. In this case, the city may impose reasonable conditions upon a building permit in order to mitigate any newly created imact on adjacent property. (b) Following the expiration of the discontinuance or destruction in Subsection (a) or (b), any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. (c) The enlargement of a structure is not considered an expansion of the nonconformity as long as it does not expand, increase, enlarge or make the extent of the nonconformity more severe. (d) Floodplain and shoreland substandard structures in Lower St. Croix National Scenic Riverway. Notwithstanding this section, as amended, substandar-rstructures located in the Lower St. Croix National Scenic Riverway and the continuation and improvement of those structures will continue to be regulated by Minn, R. 6105.0351 to 6105.0550 and the regulations of the City floodplain and shoreland regulations adopted pursuant to those Rules, including Sections 28-289(11) and 28-291. at the time of the adoption of an additional eentfol under- this ehapter- 3 1, may be eefftinued (ineluding thfoug er WMI I Page 349 of 481 . . ......... • �. . • (Code 1998, § 31-216; Ord. No. 1117, § 1, 12-4-2018; Ord. No. 1197, § 1, 1-3-2023) Secs. 28-121--28-138. Reserved. DIVISION 5. APPEALS Sec. 28-139. Appeals. An applicant or any other interested person, dissatisfied with any action taken under the provisions of this chapter, may appeal the action and decision, as follows: (1) Filing of appeals. Appeals shall be filed in writing with the City Clerk within ten days following the date of action from which the appeal is taken. The appeal shall state the reasons for the appeal and be accompanied by the appropriate fee as established in the City's Fee Schedule. (2) Procedure for appeals. a. Appeals from a decision of the Community Development Director shall be heard by the Planning Commission. b. Appeals from a decision of the Planning Commission or the Heritage Preservation Commission shall be heard by the City Council. C. Appeals will be scheduled for a hearing at the earliest meeting date of the appropriate appellate body. d. Any decision of the City Council shall be final. Page 350 of 481 (3) Hearing on appeal. Hearings on appeal shall be as follows: a. Appeals will be scheduled for hearing at the earliest regular meeting of the Hearing Board. b. All appeal hearings will be de novo. C. All appeal public hearings will be conducted consistent with procedures set forth by ordinance. (Code 1998, § 31-217) Secs. 28-140--28-161. Reserved. ARTICLE III. BASE ZONING DISTRICTS AND REGULATIONS DIVISION 1. GENERALLY Sec. 28-162. District boundaries. Use districts shall be established as follows: (1) Use districts established. The City is divided into use districts as provided in this chapter. (2) Maps and boundaries. The boundaries of such districts are established as shown on a map entitled "The Zoning Map of the City" on file in the office of the ComXny, y Development Director, which Map, with all explanatory matter thereon, shall be deemed to accand is made a part of this chapter by reference. 1 (3) Interpretation of district boundaries. Where uncertainty exists with respect to the boundaries of any of the districts, as shown on the Zoning Map, the following rules shall apply: a. Where boundaries approximately follow streets, alleys or highways. Where district boundaries are indicated as approximately following the centerline or street line of streets, the centerline or alley line of alleys or the centerline or right-of-way line of highways, these lines shall be construed to be the district boundaries. b. Where boundaries parallel street lines, a ey lines or highway right-of-way lines. Where district boundaries are indicated as approximat parallel to the centerline or street lines of streets, the centerline or alley line of alleys or tre centerline or right-of-way lines of highways the district boundaries shall be construed as being parallel thereto and at a distance therefrom as indicated on the Zoning Map. If no distance �s given, the dimension shall be determined by the use of the scale shown on the Zoning Map. C. Where boundaries approximately follow lot lines. Where district boundaries are indicated as approximately following lot lines, the lot lines shall be construed to be the boundaries. d. Where boundaries follow railroad lines. Where the boundary of a district follows a railroad line, the boundary shall be deemed to be located midway between the main tracks of the railroad line. e. Where the boundary follows a body of water. Where the boundary of a district follows a stream, lake or other body of water, the boundary line shall be construed to be at the limit of the jurisdiction of the City, unless otherwise indicated. f. Submerged areas not included in a district. All areas within the corporate limits of the City which are under water and are not shown as included within any district shall be subject to all of the regulations of the district which immediately adjoins the water area. If the water area adjoins two or more districts, the boundaries of each district shall be construed to extend into the water area in a straight line until they meet the other district. g. District regulations apply to schools, parks, playgrounds and cemeteries. Any areas shown on the Zoning Map as park, playground, school, cemetery, water, street or right-of-way shall be subject to the zoning regulations of the district in which they are located. In case of doubt, the zoning regulations of the most restricted adjoining district shall govern. h. Newly annexed property. Property newly annexed to the City will have the zoning classification Page 351 of 481 A-P agricultural preservation and be subject to the regulations of that district. i. Vacation of public ways. Whenever any street or alley or other public way is vacated in the manner authorized by law, the zoning district adjoining each side of the street, alley or public way shall be extended to the center of the vacation and all areas included in the vacation shall then be subject to all regulations of the extended districts. (Code 1998, § 31-300) Sec. 28-163. Zoning districts created. The City is divided into use districts which shall be known as follows: (1) A-P Agricultural Preservation. (2) LR Lakeshore Residential. (3) CTR Cove Traditional Residential. (4) RA One -Family Districts. (5) TR Traditional Residential. (6) CCR Cove Cottage Residential. (7) RB Two -Family Districts. (8) CR Cottage Residential. (9) TH Townhouse Residential. (10) CTHR Cove Townhouse Residential. (11) RCL Low Density Multiple -Family Residence Dist)Di*ct. (12) RCM Medium Density Multiple -Family Residence (13) RCH High density Multiple -Family sidence District. (14) CA General Commercial. (15) Central Business District. 1W (16) VC Village Commercial District. (17) BP-C Business Park —Commercial District. (18) BP-O Business Park —Office District. (19) BP -I Business Park —Industrial. (20) CRD Campus Research District. (2 1) PA Public Administrative Offices District. (22) PWFD Public Works Facility District. (23) PROS Park, Recreation or Open Space District. (24) RR Rural Residential District. (Code 1998, § 31-301; Ord. No. 1032, § 1, 6-7-2011; Ord. No. 1131, § 1, 9-3-2019) Secs. 28-164--28-194. Reserved. DIVISION 2. RESIDENTIAL ZONING DISTRICTS Sec. 28-195. A-P Agricultural Preservation District. A-P Agricultural Preservation Districts shall be regulated as follows: (1) Purpose. The purpose of the A-P district shall be to maintain and enhance agricultural operations and preserve agricultural lands utilized for crop production and to serve as a holding zone for lands where Page 352 of 481 phased urban expansion will occur. The preservation of agricultural land is intended to prevent urban sprawl, control the public costs of providing urban services and reduce urban/rural conflicts which arise as a result of premature development of rural areas. The A-P district is further intended to preserve open space and natural resource areas. (2) Allowable uses. a. See Table in Section 28-238 for the allowable uses within this district. b. Any other uses or activities determined by the Planning Commission to be of the same general character as those found in Section 28-238 for the A-P district and that will not impair the future urbanization of the property may be allowed. (3) Detached accessory buildings. a. No detached accessory buildings may be located within the required front yard. b. All detached accessory buildings located within a side yard must be set back a minimum of ten feet from the side lot line in the case of an interior lot or 25 feet in the case of a corner lot. C. All detached accessory buildings located in the rear yard must be set back a minimum of 25 feet from the rear lot line. (4) Massing regulations. a. Minimum standards. ' Lot area per dwelling 10 acres Lot width 300 eet Lot depth 300 et Lot depth to width ratio 3:1 Front yard setback 50 fey! Side yard setback 25 eet Rear yard setback 75 feet Height Height of residence 2 1/2 stories, not to exceed 35 feet Height of agricultural struc res 50 feet maximum Height of accessory structures (other than agricultural structures) 1 1/2 stories, not to exceed 20 feet and not exceeding height of main residential structure b. Additional setback standards. 2 Trunk Highway 96 Stonebrid e Trail to Co. Rd. 15 100 feet McKusick Road(Neal Ave. to Co. Rd. 15 100 feet County Rd. 12(Northland Ave. to Co. Rd. 15 100 feet County Rd. 15 Trunk Highway 36 to Trunk Highway 96 100 feet Railroad 75 feet (5) Building and unplatted land. A building permit for a residential or nonagricultural building in this A-P district will not be issued until a plot plan showing the proposed building and the land areas to be set aside to accommodate it is submitted and approved by the Director of Community Development. The Page 353 of 481 plot plan may delineate a tract of land which is part of a larger ownership without the filing of a plat, provided the delineated tract is accurately tied to a section or quarter section corner and has access to a public street, road or highway. This delineated tract must be entered on the Official Zoning Map of the City and is considered the same as a platted lot for purposes of regulating permits on adjacent land. The owners of tracts abutting an existing road, street or highway which has less than City standard width must deliver a warranty deed of dedication acceptable to the City for that amount of right-of-way necessary to comply with the City standards prior to the issuance of the building permit. (6) Agricultural uses. Agricultural uses are permitted with no restrictions as to operation of vehicles or machinery customarily incidental to agricultural uses and with no restrictions to the sale or marketing of products raised on the premises; provided, however, that any buildings, structure or yard for the raising, feeding, pasturing, housing or sale of livestock or poultry must be located at least 100 feet from residentially zoned land; and provided further that there shall be no disposal of garbage, rubbish or offal, other than regular removal, within 300 feet of residentially zoned land. (7) Subdivisions. Any request for subdivision of land in the A-P district must be accompanied with a ghost plat that shows how future urban development can be accomplished. 1 All standards are minimum requirements unless otherwise noted. 'Measured from right-of-way line. (Code 1998, § 31-302) Sec. 28-196. LR Lakeshore Residential District. 1 LR Lakeshore Residential Districts shall be regulated as o lows: (1) Allowable uses. See Table in Section 28-209 for the allowable uses within this district. (2) Accessory buildings and uses. Uses and buildings incidental to permitted or special permitted uses are subject to the following regulations: a. All accessory structures must eet th equirements for the bluff and shoreline set forth in Section 28-291 (Shoreland Man ment erlay District). b. No retaining walls may be construuc�ctte�e o create yard areas or sites for swimming pools. C. No accessory buildings or uses�at result in the cutting of trees or clearing of vegetation are permitted. (3) Massing regulations. a. Minimum standards.l SK Lot area 20,000 square feet Lot width 80 feet Lot depth 170 feet Front yard setback House 25 feet Garage front facin 2 32 feet Garage side facing) 20 feet Side yard setback; interior House 10 feet Garage 5 feet Corner Page 354 of 481 House 25 feet Garage 25 feet Rear yard setback (any building, swimming pool, or other structure 85 feet from ordinary high-water elevation Frontage re uirement3 35 feet Maximum garage area 1,000 square feet Height Main building 2 1/2 stories, not to exceed 35 feet Accessory building (garages) 1 story, not to exceed 20 feet b. Additional setback standards. 4 Trunk Highway 96 Stonebrid e Trail to Co. Rd. 15 100 feet McKusick Road(Neal Ave. to Co. Rd. 15 100 feet County Rd. 12(Northland Ave. to Co. Rd. 15 100 feet County Rd. 15 Trunk Highway 36 to Trunk Hi hway 9 100 feet Railroad 75 feet U (4) Design review. Administrative design review by the Community Development Director is required for all permitted and specially permitted buildings jr uses in the lakeshore district. Building siting, grading, drainage, tree protection an tent osion control measures must be reviewed by the Community Development Director for each Bevel site. 'All standards are minimum requirements unless otherwise noted. 'Front facing garages must be setback at least six feet more than the front wall or porch line of the house. House and garage setbacks are strongly encouraged to meet special design guidelines for variety of garage types and locations (front loaded, side loaded and recessed) and front and exterior side house elevations. 3Where two or more adjacent lots do not meet street frontage requirements, the driveways must be combined. 4Measured from right-of-way line. (Code 1998, § 31-303) Sec. 28-197. CTR Cove Traditional Residential District. CTR Cove Traditional Residential Districts shall be regulated as follows: (1) Allowable uses. See Table in Section 28-209 for the allowable uses within this district. (2) Accessory uses and structures. One detached garage subject to the three conditions below, or one accessory dwelling subject to regulations in Section 28-323(b). a. Detached accessory structures may not have window openings facing the rear property line. b. Detached accessory structures located on corner lots must have the garage doors turned away from the side street. C. If there are two garages on site, at least one garage must not face the street or streets if a corner lot. Page 355 of 481 (3) Massing regulations. a. Minimum standards.' Lot area 14,000 square feet Lot width at building setback line 80 feet Lot width on cul-de-sac at front lot line 40 feet Front yard setback 25 feet 2 Front setback for garage I See footnote 2 Side yard setback Interior 7.5 feet Corner 20 feet Rear yard 25 feet Building height 2 stories, not to exceed 35 feet Driveway width, maximum at front lot line 14 feet b. Additional setback standards. 3 , 10 Trunk Highway 96 Stonebrid e Trail to Co. Rd. 15 100 feet McKusick Road(Neal Ave. to Co. Rd. 15 100 feet County Rd. 12 orthlan ve. to Co. Rd. 15 100 feet County Rd. 15 Trunk HiLway 36 to Trunk Highway 96 100 feet Railroad 75 feet 'All standards are minimum reVirements unless otherwise noted. 2Garages must be set back at least six feet behind the front wall of the house or porch. Except that on 40 percent of the lots, garages may be placed in front of the six-foot setback. For the 40 percent garage in front of the six-foot setback, front facing garages can be no more than two feet in front of the front wall of the house or porch; and for side loaded garages, they may be in front of the home but must meet special design consideration of four side architecture. 3Measured from right-of-way line. (Code 1998, § 31-304; Ord. No. 1031, § 1, 5-17-2011) Sec. 28-198. RA One -Family District. RA One -Family Districts shall be regulated as follows: (1) Allowable uses. See Table in Section 28-209 for the allowable uses within this district. (2) Accessory uses. In the RA district uses and buildings incidental to permitted or special permitted uses shall be subject to the following regulations: a. The maximum lot coverage of all accessory buildings including attached and detached private garages and other accessory buildings shall be 1,000 square feet or ten percent of the lot area, whichever is less. b. The total ground coverage of the accessory buildings shall not exceed the ground coverage of the principal building. Page 356 of 481 C. No more than two accessory buildings (one private garage and one other accessory building 120 square feet maximum) shall be located on a residential premises. d. An accessory building shall not be designed or used for human habitation, business or industrial accessory use. (3) Massing regulations. a. Minimum standards.' Lot area 10,000 square feet Lot width 75 feet Lot depth 100 feet Front yard setback 30 feet Side yard setback Interior 10 feet Corner 30 feet Rear yard setback 25 feet Maximum lot coverage I 30 Frontage re uirement .percent 25 feet on an improved Mflic street Height Main building 2 1/2 stories, not tb exceed 35 feet Accessory building 1 story, not to exceed 20 feet b. Additional setback standards. 2 Trunk Highway 96 Stonebrid e Trail to Co. Rd. 15 100 feet McKusick Road(Neal Ave. to Co. Rd. 15 100 feet County Rd. 12 hland Ave. to Co. Rd. 15 100 feet County Rd. 15 Trunk Highway 36 to Trunk Highway 96 100 feet Railroad 75 feet C. Exceptions. I. Front yard. Where a uniform front yard setback exists which is less than 30 feet, any building or structure erected, structurally altered or enlarged may conform to the established setback but in no case a setback of less than 20 feet will be allowed. Where a uniform front yard setback does not exist, the minimum required setback shall be the average of the setback of the two adjacent main buildings; or if there is only one adjacent main building, the setback of the main building shall govern, but in no case shall a setback less than 20 feet be allowed or greater than 30 feet be required. 2. Corner yard. For corner lots where the corner side yard setback or front yard setback for the main building on the adjacent lot on the same street is less than the required setbacks, the corner lot setback for the adjacent main building shall govern, but in no case shall a setback of less than 20 feet be allowed. 3. Side yard. When there is an attached garage on one side of the dwelling, the garage setback Page 357 of 481 is five feet, provided that no habitable floor area is closer than ten feet from the property line and provided that the garage is a minimum of 15 feet from the nearest structure on the adjacent lot. 4. Side and rear yard. An accessory structure located entirely in the side yard at least six feet from the main building shall have a minimum side and rear yard setback of five feet. 1 All standards are minimum requirements unless otherwise noted. Z Measured from right-of-way line. (Code 1998, § 31-305) Sec. 28-199. TR Traditional Residential District. TR Traditional Residential Districts shall be regulated as follows: (1) Allowable uses. See Table in Section 28-209 for the allowable uses within the TR district. (2) Accessory uses. In the TR district uses and buildings incidental to permitted or special permitted uses shall be subject to the following regulations: a. One accessory structure may be located on a residential lot. b. Uses may include one or more of the following: 1. Accessory dwelling unit, 500 square feet maximum; 2. Accessory dwelling and one enclosed structure parking space (720 square feet maximum); i 3. Home office; and/or 4. Storage. C. Maximum size of a detached accessory structure is: 1. 500 square feet, one story use of loft area is allowed; or 2. 720 square feet (when grade level used as only garage, i.e., no garage attached to primary structure), 20 feet maximum building height. d. A detached accessory' tructure must abide by the following setbacks: 1. Side yard, five feet. 2. Rear yard, ten feet. e. The application requir3Ydesign review for consistency with the primary unit in design, detailing and materials. 1. Detached accessory structures shall not have window openings facing the rear property line. 2. Detached accessory structures located on corner lots shall have the garage doors turned away from the side street. 3. If there are two garages on site, a minimum of one garage shall not face the street or streets if a corner lot. (3) Massing regulations. a. Minimum standards.' Average lot area when part of a PUD 10,000 square feet Lot width 65 feet Lot depth NA Front yard setback House 20 feet Page 358 of 481 Garage front facing)2 27 feet Garage side facing) 20 feet Side yard setback interior House 10 feet Garage 5 feet, 3 feet if in rear yard Corner House 15 feet Garage 20 feet Rear yard setback House 25 feet Garage 3 feet Frontage requirement 3 35 feet Maximum garage area 1,000 s uare eet Height Main building/accessory building 2 1/2 stories, not to exceed 35 feet Garages, accessory building 1 story, not to exceed 20 feet b. Additional setback standards. 4 1 Trunk Highway 96 Stonebrid e Trail to Co. Rd. 15 100 feet McKusick Road Neal Ave. to Co. Rd. 15 100 feet County Rd. 12 Northland Ave. to Co. Rd. 15 100 feet County Rd. 15 Trunk Highway 36 to Trunk Highway 96 100 feet Railroad 75 feet (4) Design review. Design review s required for accessory dwelling units or duplex developments subject to traditional development design standards. ' All standards are minimum requirements unless otherwise noted. 2 Seventy-five percent of front facing garages must have the garage setback at least six feet from the front wall or porch line of house. House and garage setbacks are strongly encouraged to meet special design guidelines for variety of garage types and locations (front loaded, side loaded and recessed) and front and exterior side house elevations. 3 Where two or more adjacent lots do not meet street frontage requirements, the driveways must be combined. 4 Measured from right-of-way line. (Code 1998, § 31-306) Sec. 28-200. CCR Cove Cottage Residential District. CCR Cove Cottage Residential Districts shall be regulated as follows: (1) Allowable uses. See Table in Section 28-209 for the allowable uses within this district. Page 359 of 481 (2) Accessory structures. Accessory structures are not allowed. (3) Attached garages. Attached garages shall be regulated as follows: a. On 70 percent of the lots, garages must be set back a minimum of six feet behind the front wall or the front porch of the residence. b. On 30 percent of the lots, garages may extend beyond the front line of the dwelling. These garages may be side loaded. C. Third car garages may be side entry or separated from the main garage, at an angle to the main garage, or otherwise screened by a portion of the house, porch, or facade. d. Corner lots may have side loaded garages. e. Garages may be no larger than three stalls. (4) Massing regulations. a. Minimum standards.' Lot area, average 10,000 square feet Lot area, minimum 7,000 square feet Lot width, at building front 60 feet Front yard setback 20 feet Side yard Interior 7.5 feet Corner %20 feet Rear yard A 25 feet Minimum lot width at street 30 feet width maximum at front 2roperty line 14 feet -Driveway -Building height, maximum 2 stories, not to exceed 35 feet 01 b. Additional setbacks ards.2 Trunk Highway 96 Stonebrid e Trail to Co. Rd. 15 100 feet McKusick Road(Neal Ave. to Co. Rd. 15 100 feet County Rd. 12(Northland Ave. to Co. Rd. 15 100 feet County Rd. 15 Trunk Highway 36 to Trunk Highway 96 100 feet Railroad 75 feet 'All standards are minimum requirements unless otherwise noted. 2 Measured from right-of-way line. (Code 1998, § 31-307) Sec. 28-201. RB Two -Family District. RB Two -Family Districts shall be regulated as follows: (1) Allowable uses. a. See Table in Section 28-209 for the allowable uses within this district. Page 360 of 481 (2) (3) Lot area Lot width Lot depth Front yar< Main buil Garage b. In addition to, and not in lieu of other official controls, all buildings and uses hereafter proposed for construction, whether on existing vacant parcels or parcels being vacated because of demolition or destruction of an existing structure, are subject to the standards, regulations and provisions of the Neighborhood Conservation District. (See Section 4-83.) Accessory uses. In the RB district uses and buildings incidental to permitted or special permitted uses shall be subject to the following regulations: a. The maximum lot coverage of all accessory buildings including attached and detached private garages and other accessory buildings shall be 1,000 square feet or ten percent of the lot area, whichever is less. b. The total ground coverage of the accessory buildings shall not exceed the ground coverage of the principal building. C. No more than two accessory buildings (one private garage and one other accessory building 120 square feet maximum) shall be located on a residential premises. d. An accessory building shall not be designed or used for human habitation, business or industrial accessory use. Massing regulations. a. Minimum standards.' 7,500 s 50 feet z 100 feet setback feet 10,000 square feet 75 feet is 'Wh, 100 feet 20 feet J Detached or attached: A minimum of 30 feet and set back at least 10 feet from the front set back line of the principal dwellin,2. Side vard setback Interior Main building The total of both side yards must equal 15 feet with at least five feet on each side. Garage Attached: 5 feet; detached in the rear yard: 3 feet Exterior corner side Main building Garage Rear y, Main b Garage 20 feet, 5 feet on interior side Detached or attached: A minimum of 30 feet and set back at least 10 feet from the front set back line of the principal dwelling. setback ling 25 feet Attached: 5 feet; detached in the rear yard: 3 feet 20 feet Detached or attached: A minimum of 30 feet and set back at least 10 feet from the front set back line of the principal dwelling. The total of both side yards must equal 15 feet with at least five feet on each side. Attached: 5 feet; detached in the rear yard: 3 feet 20 feet, 5 feet on interior side Detached or attached: A minimum of 30 feet and set back at least 10 feet from the front set back line of the principal dwelling. 25 feet Attached: 5 feet; detached in the rear yard: 3 feet Page 361 of 481 Frontage requirement 35 feet on improved public street 35 feet on improved public street Maximum lot covera e Buildings 25 percent 25 percent Impervious surfaces 25 percent 25 percent Height Main building 3 35 feet maximum 35 feet maximum Accessory building3 1 story, not to exceed 20 feet 1 story, not to exceed 20 feet b. Additional setback standards. 4 Trunk Highway 96 Stonebrid e Trail to Co. Rd. 15 100 feet McKusick Road(Neal Ave. to Co. Rd. 15) 100 feet County Rd. 12(Northland Ave. to Co. Rd. 15 100 feet County Rd. 15 Trunk Highway 36 to Trunk Highway 96) 100 feet ol Railroad 75 feet 1 All standards are minimum requ000 irements unless otherwise noted. 2 For new corner lots created in the district, the lot width must be a minimum of 70 feet. 3 Height limitations for parcels within the RB-two family district that are also subject to the CBDR Riverside Overlay District (section 28-292) shall be a maximum of 1.5 stories, but not to exceed 20 feet measured from front street level. 4 Measured from right-of-way line. (Code 1998, § 31-308) ' Sec. 28-202. CR Cottage Residential District. (a) Allowable uses. See Table in Section 28-209 for the allowable uses within the CR district. (b) Accessory uses. No more than two accessory buildings (one private garage and one accessory building 90 square feet maximum) may be located on a residential premises. The garage may be no more than two stalls wide. (c) Massing regulations. (1) Minimum standards. 1 Average lot area when part of a PUD 6,000 square feet Average lot area for two-family residences (when part of a PUD 9,000 square feet Lot width 50 feet Lot depth NA Front yard setback Page 362 of 481 House 15 feet Garage front facing)2 20 feet Garage side facing) 15 feet Side yard setback interior House 5 feet Garage 5 feet Corner House 15 feet Garage 15 feet Rear yard setback House 25 feet Garage 3 feet Garage for two-family residence 5 feet - Frontage requirement 3 30 feet Driveway width at street right -of --way 12 feet,but ay taper to 18 feet at back of curb Height Main building 2 stories, not to exceed 28 feet Garages 1 story, not to exceed 20 feet (2) Additional setback standards. 4 4W) Trunk Highway 96 Stoned"' e Trail to Co. Rd. 15 100 feet McKusick Road(Neal Xe. to Co. Rd. 15 100 feet County Rd. 12(Northland Ave. to Co. Rd. 15 100 feet County Rd. 15 Trunk Highway 36 to Trunk Highway 96 100 feet Railroad 75 feet 'All standards are minimum requirements unless otherwise noted. 2 For single-family residences: a minimum of 25 percent of lots must have garages completely recessed (more than six feet from front of a building or porch), a minimum of 25 percent of lots must have the garages set back two feet or more and a maximum of 50 percent of garages may project a maximum of six feet out from the front wall of the residence. Of that 50 percent, 25 percent must have habitable space above the garage and 25 percent must have front porches extending in front of the residence. House and garage setbacks are strongly encouraged to meet special design guidelines for variety of garage types and locations (front loaded, side loaded and recessed) and front and exterior side house elevations. For two-family residences: (1) All garages must be set back six feet from the front of the residence; (2) Only two stall garages at a maximum are allowed; and (3) Each garage must be accessed from driveways on different streets. Page 363 of 481 3 Where two or more adjacent lots do not meet street frontage requirements, the driveways must be combined. 4 Measured from the right-of-way line. (Code 1998, § 31-309) Sec. 28-203. TH Townhouse Residential District. (a) Allowable uses. See Table in Section 28-209 for the allowable uses within the TH district. (b) Massing regulations. (1) Minimum standards. ' Lot area per unit 5,000 square feet Front yard setback Residence 20 feet Garage, front -facing 25 feet Garage, side -facing 20 feet Side yard setback 25 feet - Rear yard setback 25 feet Building separation 15 feet Height 2 1/2 stories, not to exceed 35 feet (2) Additional setback standards. a Trunk Highway 96 Stonebrid e Trail to Co. Rd. 15 100 feet McKusick Road Neal Ave. to Co. Rd. 15 100 feet County Rd. 12(Northland Ave. to Co. Rd. 15 100 feet County Rd. 15 Trunk Highway 36 to Trunk Highway 96 100 feet Railroad Pe 75 feet (c) Design review. Design review is required for all permitted and specially permitted buildings or uses. 1 All standards are minimum requirements unless otherwise noted. Z Measured from the right-of-way line. (Code 1998, § 31-310) Sec. 28-204. CTHR Cove Townhouse Residential District. (a) Allowable uses. See Table in Section 28-209 for the allowable uses within this district. (b) Massing regulations. (1) Minimum standards.' Lot area per unit 3,000 square feet Setbacks Boutwell Avenue 1 70 feet Page 364 of 481 Manning Avenue 100 feet Other public streets 30 feet Building separation 40 feet Height 2 1/2 stories, not to exceed 35 feet (2) Additional setback standards.2 Trunk Highway 96 Stonebrid e Trail to Co. Rd. 15 100 feet McKusick Road(Neal Ave. to Co. Rd. 15 100 feet County Rd. 12(Northland Ave. to Co. Rd. 15 100 feet County Rd. 15 Trunk Highway 36 to Trunk Highway 96 100 feet Railroad 75 feet (c) Design review. (1) Administrative design review is required for all permitted and specially permitted buildings or uses. (2) Townhouse garages must front on private alleys. On en units may front on public streets. Elevation views should include patios and porches. ' All standards are minimum requirements unl otherwise noted. 2 Measured from right-of-way line. (Code 1998, § 31-311) Sec. 28-205. RCL Low Density Multiple -Family Reside#tial District. (a) Allowable uses. See Table in Section 28-209 for the allowable uses within this district. (b) Massing regulations. (1) Minimum standards.' ,AO Lot area 20,000 square feet Lot area per unit 7,000 square feet Open sace per unit 1,500 square feet Front setback 2 35 feet Side setback 2 50 feet Rear setback 2 50 feet Principal building separation 50 feet Building height 35 feet maximum (2) Additional setbackstandards.j Trunk Highway 96 Stonebrid e Trail to Co. Rd. 15 100 feet McKusick Road Neal Ave. to Co. Rd. 15 100 feet County Rd. 12(Northland Ave. to Co. Rd. 15 100 feet Page 365 of 481 County Rd. 15 Trunk Highway 36 to Trunk Highway96 100 feet Railroad 75 feet (c) Recreation facilities. Ten percent of the gross project area shall be specifically designed, developed and maintained for recreational purposes such as children's play apparatus, swimming and wading pools, game areas such as tennis and horseshoe courts, picnicking and outdoor cooking facilities, etc. In addition, the City Council at its discretion may require that the developer provide public park space according to the City park dedication requirements. (d) Landscaping and screening. Landscaping and screening shall be as follows: (1) All sites when fully developed shall be completely graded so as to adequately drain and dispose of all surface water, stormwater and groundwater in such a manner as to preclude large scale erosion and unwanted ponding. (2) All sites when fully developed shall be landscaped according to a plan approved by the City Council. The landscaping plan shall specify the size, type and location of all trees and shrubbery and the location of all sodded areas. (3) Parking areas containing four or more spaces which arecent to or across the street from a residential district shall be screened to a height of at least four t by shrubbery, wood or masonry materials. ' All standards are minimum requirements unless otherwise note 2 Principal and accessory structures must meet this setback standard. 3 Measured from the right-of-way line. (Code 1998, § 31-312) Sec. 28-206. RCM Medium Density Multiple -Family Residential District. (a) Allowable uses. See Table in Section 28-209 for the allowable uses within this district. (b) Massing regulations. (1) Minimum standards. ,�4nN Lot ar4h, 12,000 square feet Lot are?'per unit 2,800 square feet Maximum lot coverage 30 percent Maximum floor area ratio 0.75 Front setback Principal building 35 feet Accessory building 45 feet Side setback Principal building 20 feet Accessory building 10 feet Rear setback Principal building 45 feet Accessory building 10 feet Principal building separation 35 feet Page 366 of 481 Building Height 3 stories maximum (2) Exceptions. a. One- and two-family dwellings may be allowed to conform to the RB district setback requirements. b. When the adjacent buildings are located with a setback less than is required above, a multiple dwelling may be permitted to be located up to the point of the lesser setback requirement. (3) Additional setback standards.2 Trunk Highway 96 Stonebrid e Trail to Co. Rd. I5 100 feet McKusick Road(Neal Ave. to Co. Rd. 15 100 feet County Rd. 12(Northland Ave. to Co. Rd. 15 100 feet County Rd. 15 Trunk Highway 36 to Trunk Highway 96 100 feet Railroad 75 feet (c) Recreation facilities. There shall be 200 square feet per dwelling unit or ten percent of the gross project area, whichever is greater, specifically designed, developed and maintained by the owner for recreation purposes in the RCM district such as children's play apparatus, swimming and wading pools, game areas, such as tennis and horseshoe courts, picnicking and outdoor cooking facilities, etc. In addition, the City Council at its discretion may require that the developer provide public park space according to the City park dedication requirements. (d) Landscaping and screening. Landscaping and screening shall be as follows: (1) All sites when fully developed shall e completely graded so as to adequately drain and dispose of all surface water, stormwater and groufTwater in such a manner as to preclude large scale erosion and unwanted ponding. h (2) All sites when fully developed shall be landscaped according to a plan approved by the City Council. The landscaping plan shall specify the size, type and location of all trees and shrubbery and the location of all sodded areas. (3) Parking areas containing four or more spaces which are adjacent to or across the street from a residential district shall be screened to a height of at least four feet by shrubbery, wood or masonry materials. 1 All standards are minimum requirements unless otherwise noted. 2 Measured from the right-of-way line. (Code 1998, § 31-313) Sec. 28-207. RCH High Density Multiple -Family Residential District. (a) Purpose. The purpose of the RCH district is to provide density requirements for multiple -family dwellings to be built in the redevelopment area of the City. (b) Massing regulations. (1) Minimum standards.' Lot area 11,000 square feet Lot area per unit 1,500 square feet Maximum floor area ratio 2 one to two Page 367 of 481 Building Height 1 40 feet maximum a. Yard and setback requirements. Yard and setback requirements are as follows: 1. Front yard. Setback requirements shall be determined by setbacks that exist on the two adjacent properties. If the two adjacent properties do not have a common setback, then a setback of a distance equal between the two setbacks shall be required. A setback of at least ten feet shall be maintained at corner lots and where there is no adjacent structure. 2. Side yard. A setback of at least 20 feet shall be maintained. A side yard setback of zero may be allowed if no openings are in the side of the structure and the structure abuts another structure with no openings. If this is the case, the sidewall must be of firewall standards required by the Uniform Building Code. Side yard setbacks on a corner lot shall conform to existing setbacks on the block, or if no setback exists, it shall be ten feet. 3. Backyard. A setback of at least 20 feet shall be maintained. A rear yard setback of zero may be allowed if no openings are in the rear of the structure and the structure abuts another structure with no openings. If this is the case, the rear wall must be of firewall standards required by the Uniform Building Code. 4. In cases where more than one principal building is located on the same site, the following setbacks shall be required: (i) Walls containing windows shall not be closer th1+1O feet. (ii) Walls that have no openings may be zero feet apart but must be of firewall standards required by the Uniform Building Code. 01 (2) Additional setbackstandards.j Trunk Highway 96 Stonebrid e it to Co. Rd. 15 100 feet McKusick Road Neal Ave. to Co. L 15 100 feet County Rd. 12 Northland Ave. to Co. Rd. 15 100 feet County Rd. 15 Trunk Highway 36 to Trunk Highway 96 100 feet Railroad 75 feet 7 (c) Recreation facilities. Ten percent of the gross project area in the RCH district shall be specifically designed, developed and maintained for recreational purposes such as children's play apparatus, swimming and wading pools, game areas such as tennis and horseshoe courts, picnicking and outdoor cooking facilities, etc. In addition, the City Council at its discretion may require that the developer provide public park space according to the City park dedication requirements. (d) Landscaping and screening. Landscaping and screening shall be as follows: (1) All sites when fully developed shall be completely graded so as to adequately drain and dispose of all surface water, stormwater and groundwater in such a manner as to preclude large scale erosion and unwanted ponding. (2) All sites when fully developed shall be landscaped according to a plan approved by the City Council. The landscaping plan shall specify the size, type and location of all trees and shrubbery and the location of all sodded areas. (3) Parking areas containing four or more spaces which are adjacent to or across the street from a residential district shall be screened to a height of at least four feet by shrubbery, wood or masonry materials. 1 All standards are minimum requirements unless otherwise noted. Page 368 of 481 2 Floor area ratio is the numerical value obtained through dividing the gross floor area of buildings by the net area of the lot or parcel of land on which such buildings are located. 3 Measured from right-of-way line. (Code 1998, § 31-314) Sec. 28-208. RR Rural Residential District. (a) Purpose. The purpose of the RR district shall be to maintain large lot neighborhood design and characteristics in areas where urban services are unavailable. (b) Allowable uses. See Table in Section 28-209 for the allowable uses within this district. (c) Detached accessory buildings. (1) No detached accessory buildings may be located within the required front yard. (2) All detached accessory buildings located within a side yard must be set back a minimum of 15 feet from the side lot line in the case of an interior lot or 40 feet in the case of a corner lot. (3) All detached accessory buildings located in the rear yard must be set back a minimum of 25 feet from the rear lot line. (d) Massing regulations. (1) Minimum standards.' "00) Lot area per dwelling One 1 acre Lot width 100 feet Lot depth ' 300 feet Front yard setback 40 feet Interior side yard setback 15 feet COS Exterior yard setback 40 feet Rear yard setback 50 feet Maximum lot covers 25% Height of residence 35 feet Height of accessory structures 20 feet and not exceeding height of main residential structure (2) Additional setback standards.2 Trunk Highway 96 Stonebrid e Trail to Co. Rd. 15 100 feet McKusick Road(Neal Ave. to Co. Rd. 15 100 feet County Rd. 12(Northland Ave. to Co. Rd. 15 100 feet County Rd. 15 Trunk Highway 36 to Trunk Highway 96 100 feet Railroad 75 feet 'All standards are minimum requirements unless otherwise noted. 2 Measured from right-of-way line. (Code 1998, § 31-314.1; Ord. No. 1131, § 1, 9-3-2019) Page 369 of 481 Sec. 28-209. Allowable uses in residential districts. Allowable Uses Zoning Districts A-P LR CTR RA TR CCR RB CR TH CTHR RCL RCM RR HMU 16 Single-family dwelling 1 P P P P P P P P P CUP P Two-family dwelling 1 P P 2 CUP Attached single-family CUP P dwelling or townhouse 3 Townhouse, row house, P Rroup house 1 Multifamily dwelling' CUP P and condominiums Accessory dwelling (See CUP P CUP P Section 28-323 Duplex accessory unit CUP See Section 28-324 Roomin houses 1 CUP Type I home occupation P CUP P P SUP P P P CUP A CUP P CUP See Section 28-322 Type Ilhome CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP occupation (See Section 10 28-322 Type III home CUP CUP occupation (See Section 28-322 Accessory building and A A A 5 A A 6 A I A A A A use Public schools P CUP Elementary school CUP P CUP Public and private CUP CUP primary and secondary 10 9,10 schools 9 Early childhood CUP education Parks, playgrounds and P P P P P P P P P P other open sace areas Private recreation A A facility Church or other place of CUP CUP P CUP worship 10 10 Cemeteries CUP CUP 10 10 Hospital, nursing home CUP CUP or rest home 10 10 Institutional building P CUP Bed and breakfast (Type CUP P i1 CUP D short-term home 10 rental Short-term home rentals P P P P P P P P P P P P P P Page 370 of 481 Te...., he fl e 9-4;e# Ten;; H-effl,. GUR CUR CUP GUR CUP CUP GUR CUP CUP GUR CUP CUP clip CUP Off-street parking & A A loading Agricultural uses P Agricultural produce P P 14 sales Commercial greenhouse P Fish hatcheries and P aviaries Fishing lakes and picnic P roves 12 Forest and wildlife P reservations or similar facilities Fur farming (raising fur- P bearing animals, excluding skunks and civet cats Riding academies or P stables Essential services P P P P P P P P P P P P P P Commercial uses not CUP found objectionable by neighbors Retail business of a r CUP CUP corner store nature Senior care living CUP CUP CUP CUP facilities 13 10 Armory CUP 10 Municipal fire station CUP 10 Small wireless facilities Small wireless facilities P P P P P P P P P P P P P in the right-of-way Personal outdoor storage P 15 P = Permitted use CUP = Use permitted with a conditional use permit A = Accessory use Blank cell in table means that the use is NOT allowed. 1 Only one principal structure is allowed on a parcel. 2 Two-family dwelling allowed only on corner lots. 3 The term "attached single-family dwelling" or "townhouse" means a single structure consisting of not less than 3 dwelling units located or capable of being located on a separate lot and being separated from the adjoining dwelling unit by an approved wall extending from the foundation through the roof and structurally independent of Page 371 of 481 the adjoining unit. 4 Dwelling units for three or more families on a single parcel. 'Accessory structures are limited to one detached garage or one accessory dwelling. Accessory dwelling is permitted only with a speei ' use po,mit conditional use permit. Garage is limited to a total of three stalls and all detached accessory structures shall be regulated by the standards found in Section 28-323(b) (performance standards for accessory dwelling units in CTR district). 'Accessory structures in the TR district are subject to the regulations found in Section 28-325(a). 'Accessory structures in the RB district are subject to the regulations found in Section 28-325(b). 8 Garage is limited to two stalls wide. 9 Including accessory buildings and uses located upon property contiguous to that occupied by the main building. 10 SUP may only be issued by City Council. 11 Must be located at least 900 feet from another bed and breakfast. 12 No concession or retail sales are permitted. 13 Senior care living facilities in the RA zoning district shall have a minimum property size of five acres. 14 Sales of fresh, whole, raw, or processed produce grown on -site only and sold on -site at a farm stand, at farmers' markets or by delivery. C 15 Storage of personal operable vehicles, including any car, truck or tier, or self-propelled or pull -behind recreational vehicles, including, but not limited to, snowmobiles, all -terrain vehicles, watercraft, golf carts, etc. so Ke long as adequately screened by fence or landscaped from roadways and neighboring views. No outside business storage is permitted. 16 Multifamily residential is an allowable se in this district but shall not be the predominate use as determined by less than 30 percent of usable land area de nated as multifamily use. (Code 1998, § 31-315; Ord. No. 1003, § 2, 1-20-2009; Ord. No. 1030, § 2, 5-17-2011; Ord. No. 1055, § 2, 12-18-2012; Ord. No. 1093, § 3, 5-2-2017; Ord. No. 1095, § 1, 6-6-2017; Ord. No. 1121, § 1, 1-8-2019; Ord. No. 1131, § 2, 9-3-2019; Ord. No. 1145, § 2, 8-18-20; ; Ord. No. 1193, § 1, 9r6-2022) , Secs. 28-210--28-226. Reserved. DIVISION 3. NONRESIDENTIAL ZONING DISTRICTS Sec. 28-227. CA General Commercial. CA General Commercial Districts shall be regulated as follows: (1) Allowable uses. See Table in Section 28-238 for the allowable uses within this district. (2) Similar uses. a. Any other building, use or service similar to those listed as permitted for the CA district in Section 28-238 in the type of services or goods sold, in the number of persons or vehicles to be attracted to the premises or in the effect upon adjacent areas are permitted. b. Any accessory use customarily incidental to a use authorized in Section 28-238 for this district. C. Other commercial or industrial uses found to be similar to those listed as permitted with speed use pe—it conditional use permit in the CA district and not found to be objectionable to the neighborhood in which it is proposed to be located may be allowed if the City Council grants such use a speeuse perconditional use permit. (3) Massing regulations. a. Minimum standards.' Page 372 of 481 Front setback Interior lot 30 feet Corner lot street side 50% of front yard required on adjacent lot fronting on side street, but no less than 15 feet or 40 feet measured from centerline of side street, whichever is greater Side setback Interior lot If no side openings: 0 feet; if side openings: 4 feet Corner lot street side 50% of front yard required on adjacent lot fronting on side street, but no less than 15 feet or 40 feet measured from centerline of side street, whichever is greater Rear setback 15 feet b. Additional setback standards. 2 Trunk Highway 96 Stonebrid e Trail to Co. Rd. 15 100 feet McKusick Road(Neal Ave. to Co. Rd. 15 100 feet County Rd. 12(Northland Ave. to Co. Rd. 15 100 feet County Rd. 15 Trunk Highway 36 to Trunk Highway 96 100 feet Railroad 75 feet C. Exceptions. Interior front yard. Where a uniform fro t yard setback exists which is less than 30 feet, any building or structure erected, structurally altered or enlarged may conform to the established setback but in no case will a setback of less than 20 feet be allowed. Where a uniform front yard setback does not exist, the minimum required setback shall be the average of the setback of the two adjacent main buildings; or if there is only one adjacent main building, the setback of the main building shall govern, but in no case shall a setback less than 20 feet be allowed or greater thah 30 feet be required. ' All standards are minimum requirements unless otherwise noted. 2 Measured from the right-of-way line. (Code 1998, § 31-316) 01 Sec. 28-228. CBD Central Business District. CBD-Central Business Districts shall be regulated as follows: (1) Purpose. The purpose of the GBD Central Business District shall be to provide a district for general commercial, office and entertainment uses. (2) Allowable uses. See Table in Section 28-238 for the allowable uses within this district. (3) Similar uses by &p.eial use p."n-k conditional use permit. Any other use or service establishment determined by the Planning Commission to be the same general character as the uses in Section 28-238 for the GBD Central Business District and which will not impair the present or potential use of adjacent properties may be permitted by speeial use ..o.-it conditional use permit. (4) Massing regulations. a. Minimum standards. ' Height of buildings Maximum See Central Business District Height Overlay District Page 373 of 481 regulations Section 28-292 Minimum 2 stories or 25 feet Lot area 10,000 square feet Front setback 15 feet Side setback 20 feet total of both sides (10 feet/10 feet; or 0 to 20 feet on either side Rear setback 20 feet Lot coverage 80% maximum Landscaped area (front and corner side yard setbacks shall be landscaped) 20% of lot area b. Additional setback standards.2 Trunk Highway 96 Stonebrid e Trail to Co. Rd. 15 100 feet McKusick Road(Neal Ave. to Co. Rd. 15 100 feet County Rd. 12(Northland Ave. to Co. Rd. 15 * 100 feet County Rd. 15 Trunk Highway 36 to Trunk Highway 96 100 feet Railroad 75 feet C. Exceptions. For infill adjacent buildings. 1 All standards ar 2 Measured from (Code 1998, § 31-317) Sec. 28-229. VC Village Commercial District. i Pi setback may be similar to the setback for the .ess otherwise noted. VC Village Commercial Districts shall be regulated as follows: Pe (1) Purpose. The purpose of the VC district is to provide a local center for convenience shopping and personal services primarily in proximity to a residential neighborhood. (2) Allowable uses. a. See Table in Section 28-238 for the allowable uses within this district. b. Similar uses by speeial use ..o,mit conditional use permit. Other use or service establishment determined by the Planning Commission to be of the same general character as the specially permitted uses in Section 28-238 for the VC district and which will not impair the present or potential use of adjacent properties may be permitted. C. Accessory uses and buildings. Any other use or building customarily appurtenant to a permitted use in this district may be permitted by speeial use ,.o.. fflit conditional use permit. (3) Massing regulations. a. Minimum standards. 1 Height of buildings Principal structures 2 stories, not to exceed 35 feet Page 374 of 481 Accessory structures 1 story, not to exceed 20 feet Lot area 10,000 square feet when not within a PUD Front setback 50 feet when not within a PUD Side setback Rear setback 25 feet when not within a PUD Lot coverage(building and impervious) 1 60% maximum when not within a PUD Landscaping and open sace 40% of lot area when not within a PUD b. Additional setback standards. z Trunk Highway 96 Stonebrid e Trail to Co. Rd. 15 100 feet McKusick Road(Neal Ave. to Co. Rd. 15 100 feet County Rd. 12(Northland Ave. to Co. Rd. 15 100 feet County Rd. 15 Trunk Highway 36 to Trunk Highway 96 100 feet Railroad 75 feet (4) Other requirements. a. Outdoor uses. All uses shall be conducted wholly within completely enclosed buildings, except for service stations, parking facilities and other outdoor uses when appropriately located and designed as approved by the Planning Commission. b. Design permit. A design permit is required for all village commercial uses. The country village architectural and design guidelines, set forth in Exhibit E to the Orderly Annexation Agreement between the City and Township of Stillwater, dated August 16, 1996, are the standards that must be applied to this design review. C. Planned unit development. The development requirements found within this section may be modified based on an acceptable planned unit development for the entire village commercial district area. 1 All standards are mintum requirements unless otherwise noted. 'Measured from the right-of-way line. (Code 1998, § 31-318; Ord. No. 1081, § 4, 7-21-2015) Sec. 28-230. BP-C Business Park Commercial District. BP-C Business Park Commercial Districts shall be regulated as follows: (1) Purpose. The purpose of the BP-C district is to provide a district for general community commercial and office uses. (2) Allowable uses. a. See Table in Section 28-238 for the allowable uses within this district. b. Retail businesses by speeial use pefmit conditional use permit. Any retail trade not specified in Table 28-238 for the BP-C district is permitted by speeial use ,.o...f.it conditional use permit. C. Similar uses by speei ' use pen: it conditional use permit. A speei ' use po,mit conditional use permit may be granted for other uses or services determined to be of the same general character as those found in Section 28-238 for the BP-C district and which will not impair the present or potential use of adjacent properties. The findings of same general character shall be made by the Page 375 of 481 Planning Commission and the speeial use ..o.mit conditional use permit approved and issued by the City Council. (3) Massing regulations. a. Minimum standards. ' Height of buildings 40 feet maximum Lot area One-half acre Front setback 2 40 feet Side setback 2 20 feet Abutting residential 75 feet Rear setback 30 feet Abutting residential 75 feet Lot area coverage (impervious) 60% maximum Landscaped area 20% of lot area 201 b. Additional setback standards. 3 Trunk Highway 96 Stonebrid e Trail to Co. Rd. 15 100 feet McKusick Road(Neal Ave. to Co. Rd. 15 100 feet County Rd. 12(Northland Ave. to Co. Rd. 15 100 feet County Rd. 15 Trunk Highway 3 o Trunk Highway 96 100 feet Railroad 40, % 1 75 feet (4) Design regulations. Design regulati� the BP-C district are as follows: See West Business Park Plan Special Site and, Design Guidelines, pages 18 through 20. ' All standards are minimum requirements unless otherwise noted. 'Front and side setbacks shall be landscaped. 3 Measured from the right-of-way line. (Code 1998, § 31-319) Sec. 28-231. BP-O Business Park Office District. BP-O Business Park Office Districts shall be regulated as follows: (1) Purpose. The purpose of the BP-O district is to provide a district for office uses. (2) Allowable uses. a. See Table in Section 28-238 for the allowable uses within this district. b. Similar uses by speeial use ..o, nit conditional use permit. A speeial use ...v.mit conditional use permit may be granted for other uses or service determined to be of the same general character as those found in Section 28-238 for the BP-0 district and which will not impair the present or potential use of adjacent properties. The findings of same general character shall be made by the Planning Commission and the speei ' use permit conditional use permit approved and issued by the City Council. (3) Massing regulations. Page 376 of 481 a. Minimum standards. 1 Height of buildings 40 feet maximum Lot area 1 acre Front setback 2 40 Side setback 2 20 Abutting residential 75 Rear setback 30 Abutting residential 75 Lot area coverage (impervious) 60% maximum Landscaped area 20% of lot area b. Additional setback standards. s Trunk Highway 96 Stonebrid e Trail to Co. Rd. 15 100 feet McKusick Road(Neal Ave. to Co. Rd. 15 100 feet County Rd. 12(Northland Ave. to Co. Rd. 15 100 feet County Rd. 15 Trunk Highway 36 to Trunk Highway 96 100 feet Railroad 75 feet (4) Design regulations. Design regulations in the P-O district are as follows: See West Business Park Plan Special Site and Design Guidelines, page 8 through 20. 1 All standards are minimum requirement otherwise otherwise noted. 2 Front and side setbacks shall be lan sd caped. 3 Measured from the right-of-way line. (Code 1998, § 31-320) Sec. 28-232. BP -I Business Park Industrial District. BP -I Business Park Industrial Districts shall be regulated as follows: (1) Purpose. The purpose of the BP -I district is to provide a district for light industrial and office uses. (2) Allowable uses. a. See Table in Section 28-238 for the allowable uses within this district. b. Similar uses by speeial use ,.o..mit conditional use permit. A speeial use ,.o.mit conditional use ep rmit may be granted for other uses determined to be of the same general character as those found in Section 28-238 for the BP -I district and which will not impair the present or potential use of adjacent properties. The findings of same general character shall be made by the Planning Commission and the speeial use pet: it conditional use permit approved and issued by the City Council. (3) Massing regulations. a. Minimum standards. 1 Height of buildings 1 40 feet maximum Page 377 of 481 Lot area 1 acre Front setback 2 40 Side setback 2 20 Abutting residential 75 Rear setback 30 Abutting residential 75 Lot area coverage (impervious) 60% maximum Landscaped area 20% of lot area b. Additional setback standards. 3 Trunk Highway 96 Stonebrid e Trail to Co. Rd. 15 100 feet McKusick Road(Neal Ave. to Co. Rd. 15 100 feet County Rd. 12(Northland Ave. to Co. Rd. 15 100 feet County Rd. 15 Trunk Highway 36 to Trunk Highway 96 100 feet Railroad 75 feet W'VZ (4) Design regulations. Design regulations in the BP -I district are as follows: See West Business Park Plan Special Site and Design Guidelines, pages 18 through 20. 1 All standards are minimum requirements unless otherwise noted. 'Front and side setbacks shall be land//scaped. I 3 Measured from the right-of-ne. (Code 1998, § 31-321) Sec. 28-233. CRD Campus Research and Development District. CRD Campus Research and Development Districts shall be regulated as follows: (1) Purpose. The purpose of the CRD district is to allow a mix of office, research and development and light manufacturing uses with limited retail and service uses in a planned business park setting designed to provide for low -density, high -quality development with increased amenities and open space. (2) Allowable uses. a. See Table in Section 28-238 for the allowable uses within this district. b. Similar uses by speeial use ..o,.. it conditional use permit. Any other use or service establishment determined by the Planning Commission to be of the same general character as the specially permitted uses in Section 28-238 for the CRD district and which will not impair the present or potential use of adjacent properties. (3) Massing regulations. a. Minimum standards. 1 Minimum lot area 5 acres (unless parcel is part of an overall development plan for the area Height of buildings and structures 3 stories, not to exceed 40 feet Page 378 of 481 Front setback From street forming perimeter of business park 50 feet Internal street 30 feet Side setback 1. Abutting residential 2 75 feet 2. Abutting property line that forms perimeter of business park but is not abutting residential property2 20 feet 3. Other than 1. or 2. above None required Rear setback 1. Abutting residential 2 75 feet 2. Abutting property line that forms perimeter of business park but is not abutting residential property2 20 feet 3. Other than 1. or 2. above None required Landscaped and open area 30% of lot area b. Additional setback standards. s 1 Trunk Highway 96 Stonebrid e Trail to Co. Rd. 15 100 feet McKusick Road(Neal Ave. to Co. Rd. 15 100 feet County Rd. 12 orthlan ve. to Co. Rd."1' 5 100 feet County Rd. 15 Trunk HiLway 36 to Trunk Highway 96 100 feet Railroad %75 feet (4) Other requirements. a. Outdoor uses and storage. A operations must be conducted within a fully enclosed building. No outside storage of materials, products or equipment is permitted other than in trash receptacles which must be completely screened utilizing the same building materials as the main building, unless the outside storage is specifically approved as part of a preliminary development plan. b. Smoke. No use may produce or emit from a vent, stack, chimney or combustion process any smoke darker than Ringelmann No. 1, except that smoke darker than Ringelmann No. 2 is permissible for a duration of not more than four minutes during any eight -hour period if the source of the emission is not located within 250 feet of residentially zoned property. C. Noise. Noise levels may not exceed 80dB(A) at repeated intervals or for a sustained length of time measured at any point along the property line. d. Electrical disturbance. No activity is permitted that creates any electrical disturbance that adversely affects any operations or equipment other than those of the creator of the disturbance or which otherwise causes, creates or contributes to the interference with electronic signals (including television and radio broadcasting transmissions) to the extent that the operation of any equipment not owned by the creator of the disturbance is adversely affected. e. Loading dock. No loading dock may face any street unless a screening plan therefor is approved as part of final plan approval. f. Design regulations. Design regulations in the CRD district are as follows: See West Business Page 379 of 481 Park Plan Special Site and Design Guidelines, pages 18 through 20. 'All standards are minimum requirements unless otherwise noted. 2 Residential means that the property is either developed as residential or guided for residential development in Comprehensive Plan. 'Measured from the right-of-way line. (Code 1998, § 31-322; Ord. No. 1081, § 5, 7-21-2015; Ord. No. 1195, § 1, 9-20-2022) Sec. 28-234. PA Public Administrative Offices District. PA Public Administrative Offices Districts shall be regulated as follows: (1) Purpose. The purpose of the PA district is to provide a district for public and semipublic uses and offices. (2) Allowable uses. a. See Table in Section 28-238 for the allowable uses within this district. b. Similar uses by speeial use ,.o..mit conditional use permit. A spee .,' use pet: it conditional use permit may be granted for any other use or service determined by the City Council to be of the same general character as those found in Section 28-238 for the PA district and which will not impair the present or potential use of adjacent properties. (3) Massing regulations. a. Minimum standards. ' Minimum lot area 10,000 s re Met Maximum height Principal buildin use 2 'Vries, not to exceed 35 feet Accessory buildin to , not to exceed 20 feet Front setback 30 feet Corner side setback 20 feet Side setback 20 feet Rear setback 25 feet b. Additional setback standards. 2 Trunk Highway 96 Stonebrid e Trail to Co. Rd. 15 100 feet McKusick Road(Neal Ave. to Co. Rd. 15 100 feet County Rd. 12(Northland Ave. to Co. Rd. 15 100 feet County Rd. 15 Trunk Highway 36 to Trunk Highway 96 100 feet Railroad 75 feet 'All standards are minimum requirements unless otherwise noted. 2 Measured from the right-of-way line. (Code 1998, § 31-323) Page 380 of 481 Sec. 28-235. PWFD Public Works Facility District. The PWFD Public Works Facility District is regulated as follows: (1) Purpose. The purpose of the PWFD is to provide a district for public works facility uses. (2) Allowable uses. a. See Table in Section 28-238 for the allowable uses within this district. b. Similar uses allowed with a PUD permit. Any other use or service establishment determined by the Planning Commission to be of the same general character as the use found in Section 28-238 for the PWFD district and will not impair the present or future character of the adjacent properties (3) Massing regulations. a. Minimum standards. 1 Minimum lot area 5 acres Maximum structure height 45 feet Setback from public right-of-way 50 feet Structure setback from all other property lines 30 feet Structure setback from all residentially zoned or Comprehensive Plan guided property 75 feet Landscaped and open area 30% of lot area b. Additional setback standards. Trunk Highway 96 Stonebrid e Trail to Co. Rd. 15 100 feet McKusick Road(Neal Ave. to Co. Rd. 15 100 feet County Rd. 12(Northland Ave. to Co. Rd. 15 100 feet County Rd. 15 Trunk Highway 36 to Trunk Highway 96 100 feet Railroad A 75 feet () Other requirements. uirements. N a. Outdoor uses and storage. Operations to a maximum extent must be conducted within a fully enclosed building. Any material stored outside shall be buffered and visually screened from adjacent residential properties using fencing, landscaping or earthen berms. Outside storage areas and screening must be specifically shown in PUD Master Plan. b. Smoke. No use may produce or emit from a vent, stack, chimney or combustion process any smoke darker than Ringelmann No. 1, except that smoke darker than Ringelmann No. 2 is permissible for a duration of not more than four minutes during any eight -hour period if the source of the emission is more than 250 feet of residentially zoned property. C. Noise. Noise levels may not exceed 80dB(A) at repeated intervals or for a sustained length of time measured at any point along the property line. d. Electrical disturbance. No activity is permitted that creates any electrical disturbance that adversely affects any operations or equipment other than those of the creator of the disturbance or which otherwise causes, creates or contributes to the interference with electronic signals (including television and radio broadcasting transmissions) to the extent that the operation of any equipment not owned by the creator of the disturbance is adversely affected. e. Loading dock. No loading dock may face a street unless screened from view. A screening plan Page 381 of 481 must be approved as part of final PUD approval. f. Design permit. A design permit is required for all PWF district uses according to the design review standards of this chapter. g. Planned unit development permit. No building, structure, land or premises in the PWFD may be used and no building or structure may be constructed except those granted a planned unit development (PUD) permit. h. Lighting plan. A lighting plan showing fixture type location, height and intensity of lighting must be submitted for review as part of the PUD application. A light source must not be seen from adjacent properties. The intensity of outdoor lighting must be the minimum for the intended purpose. ' All standards are minimum requirements unless otherwise noted. 2 Measured from the right-of-way line. (Code 1998, § 31-324; Ord. No. 1081, § 6, 7-21-2015) Sec. 28-236. PROS Park, Recreation or Open Space District. The PROS Park, Recreation or Open Space District is regulated as follows: (1) Purpose. Private and public parks, recreation and natural o�en spaces are essential to support community health and wellness, connecting the individual resident to natural and ecological stewardship and appreciation, promoting cultural resourc fostering the economic vitality of the community. (2) Allowable uses. See Table in Section 28-238 for the allowable uses within this district. (3) Massing regulations. Minimum lot area NA Maximum structure height Single story, 20 feet or less Structure setback from all property lines 50 feet 1 Maximum impervious area 25% of site 2 ' Less than 50 feet is allowe* speeial use peftn t conditional use permit where: (1) Use of the structure will not negatively impact adjacent properties; and (2) Where the closer proximity to a property line is necessary for proper and reasonable use of the structure and its surrounds. 2 For park, recreation or open space uses including public boat launches, pocket parks and public recreation centers where customary usage would require more than 25 percent impervious area on a site, a speeial use ..o,..�.'reFm' conditional use permit may be issued by the City Council for greater than 25 percent impervious cover. (Code 1998, § 31-324.1; Ord. No. 1032, § 2, 6-7-2011) See. 28-237. NC Neighborhood Commercial. NC Neighborhood Commercial zoning -Districts shall be regulated as follows: (1) Purposes. The purposes of the NC district are to: a. Preserve traditional neighborhood commercial nodes that provide small scale commercial buildings for neighborhood businesses. b. Provide small commercial areas within residential neighborhoods that meet residents' daily/weekly needs yet that fit the historical character of the neighborhood. Page 382 of 481 C. Support the compatible integration of commercial and residential uses that are accessible by walking and biking. (2) Allowable uses. a. See Table in Section 28-238 for the allowable uses within this district. b. Similar uses by conditional use permit. A conditional use permit may be granted for other uses or services determined to be of the same general character as those found in Section 28-238 for the NC district and which will not impair the present or potential use of adjacent properties. The findings of same general character shall be made by the Planning Commission and the conditional use permit approved and issued by the City Council. (3) Massing regulations. a. Standards. Building height, maximum Principal structures 35 feet Accessory structures 20 feet, but not to exceed he' lit o principal structure Lot area, minimum 5,000 s . ft. Front yard setback, minimum 10 feet Side yard, corner, setback, minimum 10 feet Side yard, internal, setback, minimum 5 feet Rear yard setback, minimum 10 feet Lot coverage (impervious), maximum 80% Landscaping and open sace, minimum 0% b. Additional setbadards. Trunk Hi hwa Stonebrid e Trail to Co. Rd. 15 100 feet McKusick Road (Neal Ave. to Co. Rd. 15 100 feet County Rd. 12(Northland Ave. to Co. Rd. 15 100 feet County Rd. 15 Trunk Highway 36 to Trunk Highway 96 100 feet Railroad 75 feet (4) Other requirements. a. Buildings must have at least one functional entry along every public sidewalk. b. Commercial activities, including food service and seating, may occupy yards. Outdoor commercial activities are prohibited between 10:00 p.m. and 8:00 a.m., unless an event permit is issued by the City. C. Any off-street parking must be located to the rear or side of buildings. d. Screening shall be provided along property lines abutting residential properties and along off- street parking areas abutting streets. (Code 1998, § 31-324.2; Ord. No. 1171, § 1, 9-21-21) Page 383 of 481 Sec. 28-238. Allowable uses in nonresidential districts. Allowable Uses Zoning Districts CA CeBuD VC BP-C BP-0 I BP -I CRD PA PWFD PROS HMU NC Page 384 0 Retail General retail P CUP P CUP P P business uses or service; local market 1 General retail P P P CUP CUP 19 P business uses or service; local and regional market Specialty retail, P P P P incl. antique shops Department store P P P P Drug store P P P Interior P P P P decorating sales; sale of floor covering, paint, wallpaper, materials and objects of interior decorating Appliances and P P P furniture, sale of Household goods, P P P sale of (including china Books, P P P magazines, newspapers, stationary; sale of Gifts, flowers, P P P photographic supplies; sale of Medical cannabis IUP IUP distribution facility Central business P P P district retail establishments non -intoxicating Central business CUP CUP CUP district retail establishments - intoxicatin Therapeutic P P P P P NP P P P massage business Tobacco P P products; sale of Hardware, sale of P P P Sporting goods; P P sale of Music store P P P P Retail: Food Supermarket, P CUP P P retail food 481 Page 385 of 481 Baked goods, P P P P manufacture/retail sale of (5 5 persons employed) Baked goods, CUP z P P manufacture/retail sale of (> 5 persons employed) Grocery, <5,000 P sf of retail area Eating Establishments Restaurants 3 P CUP P 22 P CUP P Fast food outlet P P Tea rooms, deli, CUP P P coffee shops, soda fountains, not including the sale of alcoholic beverages Outside eating CUP P establishments Drive-in or drive- CUP CUP CUP through: restaurant, eating places or any other use involving a drive- in or drive - through activity Services Barber or beauty P P P P P shops Shoe repair shop P P P Printing shop P P P Photo processing CUP Tailoring or P P P pressing Laundry; P P P P agencies, self- service, full service, dry cleaning Laundry CUP 4 CUP 4 employing > 5 persons Carpet, bag and CUP 4 CUP 4 rug cleanin Banks Banks and P P P financial institutions Offices Page 386 of 481 Office; general, P P CUP P P P P P business or professional Offices; finance, P CUP P P P P P insurance, editorial or real estate services Offices; P P P P administrative Offices; business CUP P offices that are accessory to permitted uses on the site Office building P P Consultant CUP P P services such as advertising, engineering, architects and designers Radio or P CUP P television stations Offices; medical P CUP P P P CUP P P and dental Office display or P P sales space 5 Automotive Automotive sales, P service and storage, excluding gasoline filling stations. (See Section 28-382 for performance standards. Service stations CUP CUP or fuel sales (See Section 28-382 for performance standards. Gasoline filling CUP 2 CUP 2 station Auto repair and CUP P 6 related services Entertainment Commercial CUP P recreational uses Commercial CUP P recreational entertainment Amusement and P CUP CUP 24 P recreational establishments Outside CUP P Page 387 of 481 entertainment, commercial 8 Indoor P CUP P P P P commercial recreation Outdoor CUP CUP CUP commercial recreation Outdoors Outside sales or CUP CUP CUP CUP CUP special events s Outside storage CUP 9 CUP 10 Seasonal outdoor A A sales Commercial CUP CUP nurseries Exterior CUP phonographs, paging systems, musical instruments, etc. that may disturb the peace and quiet of the public Parks P P Trails P P Park structures i1 P P Plavgrounds P P Nature preserve P Athletic fields CUP with lights 12 Outside tennis CUP courts with lights 13 Outside CUP basketball courts with lights 13 Outside hockey CUP rinks with lights 13 Athletic fields P without lights 13 Outside tennis P courts without lights Outside P basketball courts without lights Outside hockey P rinks without lights Recreation center CUP CUP 14 Page 388 of 481 Multiple purpose CUP CUP ark building Golf course P Golf course club CUP house Dog park CUP Public boat CUP launch Other passive P recreational or natural open spaces Parking lot I I ACC Institutional Schools, business P P CUP and technical Schools and P P CUP studios for arts and crafts, photography, music, dance Educational CUP P institutions, schools Libraries, art CUP CUP CUP CUP galleries, theaters for the performing arts, and other such cultural facilities Libraries or post P office Churches, other P P laces of worshi Day CUP CUP 15 CUP 15 P care/nurseries Group day care P P Governmental CUP CUP facilities Fire station CUP Hospitals, CUP convalescent hospitals and nursing homes Hotel or motel P CUP 16 CUP P EMS facilities 27 CUP Manu acturin Manufacturing, P limited 17 Manufacture of P baked goods Manufacturing, CUP Page 389 of 481 processing, fabrication or assembling of limited commodity18 Retail sales of CUP products manufactured on the site i9 Wholesale/Storage Wholesale trade P CUP CUP Warehousing and CUP outside storage Warehousing and CUP inside storage Mini -storage CUP Industrial Light industrial CUP that is clean and compatible with surrounding properties Limited bottling CUP 2 CUP works 2° Printing and SUP CUP CUP publishing or lithographic shop aborato ies Laboratories CUP Chemical CUP laboratories Research CUP establishment of industrial, medical or scientific nature Medical cannabis IUP laboratories Research P P facilities or research laboratories Transportation/Public Works/Etc. Transportation P CUP P station or terminal Heli ads CUP Public works PUD facility including office and meeting space Essential services P P P P P P P P P P P Public utility CUP transmission lines Page 390 of 481 and facilities Telephone P P exchange Parking facilities CUP CUP Private parking CUP facilities > 5 cars Miscellaneous Funeral home or P CUP CUP P mortuary Club or lode P Dog training CUP facility 26 Residences of all CUP 2 CUP CUP 21 CUP 23 CUP classes Temporary CUP structures Short-term home P P P rentals theft 'Term u,.me Rental; and- B p 23 P Short Te fm Home CUP P Small wireless P P P P P P P P P P P P facilities in the right-of-way Wireless CUP CUP CUP CUP CUP CUP communication services towers and antennas P = Permitted use 111�7 CUP = Use permitted withVco'io al use permit PUD = Use permitted with a pla ed unit development permit A = Accessory use ACC = Allowed as an accessory improvement to an allowed use located on or adjacent to the site Blank cell in table means that the use is not allowed. ' Such as grocery, fruit and vegetable store, bakery, general store, barber and beauty shop, clothes cleaning and laundry pickup station, business and professional office and the like, supplying commodities or performing services. 2 SUP may only be issued by the City Council. 3 Including restaurants, lunchrooms, cafeterias, and other such eating places; and places for the sale and consumption of soft drinks, juices, ice cream and beverages of all kinds; but, excluding drive-in establishments. 4 SUP may only be issued by the City Council. 'For a wholesale, jobbing or distributing establishment in connection with which not more than 25 percent of the floor area of the building or part thereof occupied by such establishment is used for making, assembling, remodeling, repair, altering, finishing or refinishing its products or merchandise, and Page 391 of 481 provided that: 1. Any resulting cinders, dust, fumes, noise, odors, refuse matter, smoke, vapor or vibration is effectively confined to the premises; and 2. The ground floor premises facing upon and visible from a major street upon which the premises abut shall be used only for entrances, office or display. 6 Automotive painting, upholstering, tire recapping and major repair, when conducted completely in an enclosed building. ' Such as armories, assembly halls, bowling alleys, dancehalls, pool and billiard parlors, skating rinks and other social, sport or recreational centers operated as a business, provided the place or building in which it is operated is sufficiently sound insulated to effectively confine the noise to the premises. 8 These uses may be approved directly by the City Council if the event is a one-time special event not occurring on a regular basis. 'All outside storage shall be screened by a solid wall or fence and landscaping for public view. 10 Must be screened. 11 Gazebo, picnic shelter, playground equipment, rest rooms, band shelter, and substantially similar park structures; but not including multiple purpose park buildings or recreation center buildings. 12 Six -acre minimum site area. 13 Three -acre minimum site area. 14 Ten -acre minimum site area. 15 Including pre-schools. 16 Hotel or motel or other uses providing visitors with overni t accommodations. "Limited manufacturing means conducting a process fabrication, storage or manufacturing of light materials, including electronic components and accessories. 18 Except junk or storage. 19 Either one or the other of the following ocenarios applies: If the retail sales are limited to products manufactured on the premises, then up to 20 percent of a building's floor area may be used for retail purposes. If all of the products offered for retail sale are not produced on the premises, then a total of only ten percent of a building's floor area, or 4,000 square feet, whichever is less, may be dedicated to retail sales. However, the retail sales must be of products associated with a primary service offered by the business on the premises. 20 The bottling machinery is limited to manual/semi-automated bottling line without a conveyor system associated with the bottling line. 21 Residences of second level only. 22 Gross receipts must be at least 60 percent attributable to the sale of food. Live entertainment, which includes DJs, is permitted only inside the building, and then only if it is not audible outside of the building. Outside music is strictly limited to unobtrusive arrangements of pre-recorded songs that may only be played as background music and then only without a DJ. Hours of operation are limited to 6:00 a.m. to 10:00 p.m. Sunday through Thursday and 6:00 a.m. to 10:30 p.m. Friday and Saturday. The closing time in the preceding sentence means when the last call for service must occur. Happy hour specials must cease at 6:00 p.m. 23 Residences subject to RCM regulations. 24 Provided the special use ,.o,mit conditional use permit review criteria found in Section 28-81 and all of the performance standards found in Section 28-383 are met. 25 If Type A or B short-term home rental is proposed in a residence where no Special or conditional use Page 392 of 481 permit already exists for the property, then the property owner must obtain a conditional use permit for the short-term rental residence prior to the issuance of a short-term home rental license. 26Performance standards found in Section 28-384 apply to all dog training facilities. 27 When operated adjacent to or in conjunction with medical offices. (Code 1998, § 31-325; Ord. No. 993, §§ 2, 3, 4-15-2008; Ord. No. 997, § 2, 9-16-2008; Ord. No. 1000, § 2, 10-21-2008; Ord. No. 1019, § 2, 9-21-2010; Ord. No. 1032, § 3, 6-7-2011; Ord. No. 1038, § 1, 7-25-2011; Ord. No. 1060, § 1, 6-4-2013; Ord. No. 1093, § 4, 5-2-2017; Ord. No. 1101, §§ 5, 6, 1-16-2018; Ord. No. 1107, § 1, 7-17-2018; Ord. No. 1108, § 1, 7-17-2018; Ord. No. 1121, § 2, 1-8-2019; Ord. No. 1129, § 1, 7-2-2019; Ord. No. 1135, § 2, 11-19-2019; Ord. No. 1136, § 1, 12-17- 2019; Ord. No. 1145, § 3, 8-18-20; Ord. No. 1170, § 1, 9-21-21; Ord. No. 1171, § 2, 9-21-21; Ord. No. 1192, § 2-3, 9-6- 2022; Ord. No. 1193, § 2, 9-6-2022; Ord. No. 1194, § 2, 9-6-2022; Ord. No. 1195, § 2, 9-20-2022; Ord. No. 1200, § 2, 3-7- 2023) Secs. 28-239--28-269. Reserved. DIVISION 4. MIXED -USE ZONING DISTRICTS Sec. 28-270. HMU Highway Mixed -Use District. HMU Highway Mixed -Use Districts shall be regulated as follows: (1) Purposes. The purposes of the HMU district are to: a. Align with the intent and goals of the City's Comprehensive Plan. b. Maximize the types of uses of property along the Highway 36 corridor that are served with interchange access to foster economic development for the community and support the City's housing goals. C. Facilitate the development and integration of er ified commercial, retail, and employment establishments with high density multifamily residential uses in areas along the Highway 36 corridor that are served with int(tchange access. d. Encourage each development or redevelopment project to create a central point such as a central public space, green space, or plaza type gathering place. (2) Allowable uses. r a. See Tables in Sections 28-209 and 28-238 for the allowable uses within this district. b. Multifamily residential is an allowable use within this district but shall not exceed more than 50 percent of usable land area. C. Similar uses by conditional use permit. A conditional use permit may be granted for other uses or services determined to be of the same general character as those found in Sections 28-209 and 28- 238 for the HMU district and which will not impair the present or potential use of adjacent properties. The findings of same general character shall be made by the Planning Commission and the conditional use permit approved and issued by the City Council. (3) Massing regulations. Building height, maximum 55 feet or 5 stories, whichever is greater Lot area, minimum One-half acre Front yard setback, minimum 40 feet Side yard setback, minimum 1 20 feet Rear yard setback, minimum 30 feet Setback from abutting residential, minimum 50 feet Lot area coverage (impervious), maximum 80% Page 393 of 481 'Front and side setbacks shall be landscaped. (Code 1998, § 31-326; Ord. No. 1145, § 4, 8-18-20) Secs. 28-271--28-288. Reserved. ARTICLE IV. OVERLAY ZONING DISTRICTS AND REGULATIONS Sec. 28-289. Floodplain Overlay District. Floodplain control in the floodplain over -lay distriet shall be aff-eeted as follows: The Floodplain Overlay District shall be regulated as follows: (1) Statutory authorization, findings of fact and purpose. a. Statutory authorization. Minn. Stats. chs. 103F and 462 delegate the responsibility to local government units to adopt regulations designed to minimize flood losses. TherefeFe, the-Qtp Catineil of the eity does ordain as fellow6+ b. Findings of fact. 1. The flood hazard areas of the City are subject to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures or flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. 1W 2. Methods used to analyze flood hazards. This section is based upon a reasonable method of analyzing flood hazards which isdLconsistent with the standards established by the State Department of Natural Resources. 3. National Flood Insurance Program compliance. This section is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 CFR 59-78 so as to maintain the community's eligibility in the National Flood Insurance Program. C. Statement of purpose. It is the purpose of this section to promote the public health, safety, and general welfare and to minimize those losses described in Subsection (1)b.1 of this section by provisions contained herein. (2) General provisions. a. Lands to which this section applies. This section shall apply 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. b. Establishment of Official Zoning Map. The Official Zoning Map together with all materials attached thereto is adopted by reference and declared to be a part of this section. The attached material shall include the flood insurance study for Washington County, Minnesota and incorporated areas and flood insurance rate map panels therein numbered 27163CO253E, 27163CO254E, 27163CO258E, 27163CO261E, 27163CO262E, and 27163CO266E, all dated February 3, 2010 and prepared by the Federal Emergency Management Agency. The Official Zoning Map shall be on file in the office of the City Clerk and the Community Development Department. C. Regulatory flood protection elevation. The regulatory flood protection elevation shall be 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. d. Interpretation. 1. In their interpretation and application, the provisions of this section shall be held to be Page 394 of 481 minimum requirements and shall be liberally construed in favor of the City and shall not be deemed a limitation or repeal of any other powers granted by State statutes. 2. The boundaries of the zoning districts shall be determined by scaling distances on the Official Zoning Map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the Official Zoning Map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions and there is a formal appeal of the decision of the Community Development Director, the Board of Adjustment shall make the necessary interpretation. All decisions will be based on elevations on the regional (100-year) flood profile, the ground elevations that existed on the site at the time the City adopted its initial floodplain ordinance or on the date of the first National Flood Insurance Program map showing the area within the 100-year floodplain if earlier, and other available technical data. Persons contesting the location of the district boundaries shall be given a reasonable opportunity to present their case to the Board of Adjustment and to submit technical evidence. e. Abrogation and greater restrictions. It is not intended by this section to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section imposes greater restrictions, the provisions of this section shall prevail. f. Warning and disclaimer of liability. This section 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 section shall not create liability on the part of the City or any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder. 14W g. Severability. If any part, clause, provision, or portion of this section is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this section shall not be affected thereby. OF h. Definitions. Unless specifically defined in the Section 28-2, words or phrases used in this section shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this section its most reasonable application. i. Annexations. The flood insurance rate map panels adopted by reference into Subsection (2)b of this section may include floodplain areas that lie outside of the corporate boundaries of the City at the time of adoption of this section. If any of these floodplain land areas are annexed into the City after the date of adoption of this section, the newly annexed floodplain lands shall be subject to the provisions of this son immediately upon the date of annexation into the City. (3) Establishment of zoning districts. a. Districts. I. Floodway District. For lakes, the floodway district shall include those areas designated as Zone AE and Zone A on the flood insurance rate map panels adopted in Subsection (2)b of this section that are below the ordinary high-water level as defined in Minn. Stats. 103G.005, subd. (14), and listed in Section 28-2. For other areas, the floodway district shall include those areas designated as floodway on the flood insurance rate map adopted in Subsection (2)b of this section. 2. Flood Fringe District. For lakes, the flood fringe district shall include those areas designated as Zone AE and Zone A on the flood insurance rate map panels adopted in Subsection (2)b of this section that are below the 100-year flood elevation but above the ordinary high-water level as defined in Minn. Stats. & 103G.005, subd. 14, and listed in Section 28-2. For other areas, the flood fringe district shall include those areas designated as floodway fringe and shall include those areas shown on the flood insurance rate map as adopted in Subsection (2)b of this section as being within Zone AE but being located outside of the floodway. Page 395 of 481 3. General Floodplain District. The general floodplain district shall include those areas designated as Zone A or Zone AE without a floodway on the flood insurance rate map adopted in Subsection (2)b of this section, which are not subject to criteria mentioned in Subsections (3)a.I and (3)a.2 of this section. b. Compliance. No new structure or land shall hereafter be used and no structure shall be constructed, located, extended, converted, or structurally altered without full compliance with the terms of this section and other applicable regulations which apply to uses within the jurisdiction of this section. Within the floodway, flood fringe and general floodplain districts, all uses not listed as permitted uses or conditional uses in Subsections (4) through (6) of this section, respectively, shall be prohibited. In addition, a caution is provided here that: 1. New manufactured homes, replacement manufactured homes and certain travel trailers and travel vehicles are subject to the general provisions of this section and specifically Subsection (9) of this section. 2. 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 section and specifically Subsection (11) of this section. As -built elevations for elevated or floodproofed structures must be certified by ground surveys and floodproofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provisions of this section and specifically as stated in Subsection (10) of this section (4) Floodway District (FW). /40 a. Permitted uses. General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. 2. Parking areas. 3. 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, and fishing areas, and single or multiple purpose recreational trails. 4. Residential lawns, gardens, parking areas, and play areas. b. Standards for floodway�yermitted uses. 1. The use shall have a low flood damage potential. 2. The use shall be permissible to the extent that the use is not prohibited by any other local law, ordinance, or in the underlying zoning district. 3. The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill, obstructions, excavations or storage of materials or equipment. C. Conditional uses. 1. Structures accessory to the uses listed in Subsection (4)a of this section and the uses listed in Subsection (4)c.2 through 8 of this section. 2. Extraction of sand, gravel, and other materials. 3. Marinas, boat rentals, docks, piers, wharves, and water control structures. 4. Railroads, streets, bridges, utility transmission lines, and pipelines. 5. Storage yards for equipment, machinery, or materials. 6. Placement of fill or construction of fences. Page 396 of 481 7. Recreational vehicles either on individual lots of record or in existing or new subdivisions or commercial or condominium type campgrounds, subject to the exemptions and provisions of Subsection (9)c of this section. 8. Structural works for flood control such as levees, dikes and floodwalls constructed to any height where the intent is to protect individual structures and levees or dikes where the intent is 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. All uses. No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment, or other uses may be allowed as a conditional use that will cause any increase in the stage of the 100-year or regional flood or cause an increase in flood damages in the reach or reaches affected. 2. All floodway conditional uses shall be subject to the procedures and standards contained in Subsection (10)d of this section. 3. The conditional use shall be permissible to the extent that the use is not prohibited by any other local law, ordinance, or in the underlying zoning district. 4. Fill. (i) Fill, dredge spoil, and all other similar materials deposited or stored in the floodplain shall be protected from erosion by vegetat ver, mulching, riprap or other acceptable method. � 11 (ii) Dredge spoil sites and sand and gravel operations shall not be allowed in the floodway unless a long-term site development plan is submitted which includes an erosion/sedimentation ppntion element to the plan. (iii) As an alternative, and consistent wit Subsection (4)d.4(ii) of this section, dredge spoil disposal and sand and gravel operations may allow temporary, on -site storage of fill or other materials which wouldohave caused an increase to the stage of the 100-year or regional flood but only after the City has received an appropriate plan which ensures the removal of the materials from the floodway based upon the flood warning time available. The conditional use permit must be title registered with the property in the office of the county recorder. 5. Accessory structures. (i) Accessory structures shall not be designed for human habitation. (ii) Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters: A. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow; and B. So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures. (iii) Accessory structures shall be elevated on fill or structurally dry floodproofed in accordance with the FP-1 or FP-2 floodproofing classifications in the State Building Code. As an alternative, an accessory structure may be floodproofed to the FP-3 or FP- 4 floodproofing classification in the State Building Code provided the accessory structure constitutes a minimal investment, does not exceed 500 square feet in size at its largest projection, and for a detached garage, the detached garage must be used solely for parking of vehicles and limited storage. All floodproofed accessory structures must meet the following additional standards: A. The structure must be adequately anchored to prevent flotation, collapse or lateral Page 397 of 481 movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls; B. Any mechanical and utility equipment in a structure must be elevated to or above the regulatory flood protection elevation or properly floodproofed; and C. To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. 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. 6. Storage of materials and equipment. (i) 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. (ii) Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the City Council. 7. 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 Minn. Stats. ch. 103G. Community -wide structural works for flood control intended to remove areas from the regulatory floodplain shall not be allowed in the floodway. 8. A levee, dike or floodwall constructed in the f odway shall not cause an increase to the 100-year or regional flood and the technical analysis must assume equal conveyance or storage loss on both sides of a stream. / (5) Flood Fringe District (FF). a. Permitted uses. Permitted uses shall be �ose uses of land or structures listed as permitted uses in the underlying zoning use district. All permitted uses shall comply with the standards for flood fringe district "permitted uses" listed in Subsection (5)b of this section and the "standards for all flood fringe uses" listed,in Subsection (5)e of this section. b. Standards for flood fringe permitted uses. 1. All structures, including accessory structures, must be elevated on fill so that the lowest floor including basement floor is at or above the regulatory flood protection elevation. The finished fill elevation for structures shall be no lower than one foot below the regulatory flood protection elevation and the fill shall extend at such elevation at least 15 feet beyond the outside limits of the structure erected thereon. 2. As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed 500 square feet at its largest projection may be internally floodproofed in accordance with Subsection (4)d.5(iii) of this section. 3. The cumulative placement of fill where at any one time in excess of 1,000 cubic yards of fill is located on the parcel or development site, whichever is larger, shall be allowable only as a conditional use, unless the fill is specifically intended to elevate a structure in accordance with Subsection (5)b.1 of this section. 4. The storage of any materials or equipment shall be elevated on fill to the regulatory flood protection elevation. 5. The provisions of Subsection (5)e of this section shall apply. C. Conditional uses. Any structure that is not elevated on fill or floodproofed in accordance with Subsection (5)b.l and 2 of this section and or any use of land that does not comply with the Page 398 of 481 standards in Subsection (5)b.3 and 4 of this section shall only be allowable as a conditional use. An application for a conditional use shall be subject to the standards and criteria and evaluation procedures specified in Subsections (5)d and a and (10)d of this section. d. Standards for flood fringe conditional uses. 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 shall be considered above -grade and not a structure's basement or lowest floor if the enclosed area is above -grade on at least one side of the structure, it is designed to internally flood and is constructed with flood resistant materials, and it is used solely for parking of vehicles, building access or storage. The above -noted alternative elevation methods are subject to the following additional standards: (i) 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 and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from enterin� or accumulating within these components during times of flooding. (ii) 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 and the design plans must stipulate: A. A minimum area of openings in the walls where internal flooding is to be used as a floodproofing technique. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one -foot above grade. The automatic openings shall have a minimum net area of not less than 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 flood waters without any form of human intervention; and B. 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 shall be used solely for building access, parking of vehicles or storage. 2. Basements, as defined by Section 28-2, shall be subject to the following: (i) Residential basement construction shall not be allowed below the regulatory flood protection elevation, except as authorized in Subsection (5)d.7 of this section. (ii) Nonresidential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry floodproofed in accordance with Subsection (5)d.3 of this section, except as authorized in Subsection (5)d.7 of this section. Except as authorized in Subsection (5)d.7 of this section, all areas of nonresidential structures including basements to be placed below the regulatory flood protection elevation shall 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 and this shall require making the structure watertight with the walls substantially impermeable to the passage of water and Page 399 of 481 with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures floodproofed to the FP-3 or FP-4 classification shall not be permitted, except as authorized in Subsection (5)d.7 of this section. 4. When at any one time more than 1,000 cubic yards of fill or other similar material is located on a parcel for such activities as on -site storage, landscaping, sand and gravel operations, landfills, roads, dredge spoil disposal or construction of flood control works, an erosion/sedimentation control plan must be submitted unless the community is enforcing a state approved shoreland management ordinance. In the absence of a state approved shoreland ordinance, the plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the 100-year or regional flood event. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the City. The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists. 5. Storage of materials and equipment. (i) 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. (ii) Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the City. 6. The provisions of Subsection (5)e of this section. 7. When the Federal Emergency Management Agency has issued a letter of map revision/fill for vacant parcels of land elevated by fill to the 100-year flood elevation, the area elevated by fill remains subject to the provisions of this section. A structure may be placed on the area elevated by fill with the lowest floor below the regulatory flood protection elevation provided the structure meets the provisions of Subsection (5)d.7(i) and (ii) of this section. (i) No floor level or portion of a structure that is below the regulatory flood protection elevation may be used as habitable space or for storage of any property, materials, or equipment that might constitute a safety hazard when contacted by flood waters. The term "habitable space (room)" means any space in a structure used for living, sleeping, eating, or cooking. Bathrooms, toilet compartments, closets, halls, storage rooms, laundry or utility space, and similar areas, are not considered habitable space. (ii) For residenti* and nonresidential structures, the basement floor may be placed below the regulatory flood protection elevation, provided: A. The top of the immediate floor above any basement area is placed at or above the regulatory flood protection elevation; and B. Any area of the structure placed below the regulatory flood protection elevation shall meet the 'Reasonably Safe From Flooding" standards in the FEMA publication entitled "Ensuring that Structures Built on Fill In or Near Special Flood Hazard Areas Are Reasonably Safe From Flooding" Technical Bulletin 10- 01, a copy of which is adopted by reference and made a part of this section. In accordance with the provisions of this section, the applicant must submit documentation that the structure is designed and built in accordance with either the simplified approach or engineered basement option found in the above -cited FEMA publication. C. If the ground surrounding the lowest adjacent grade to the structure is not at or above the regulatory flood protection elevation, then any portion of the structure that is below the regulatory flood protection elevation must be floodproofed consistent with any of the FP-1 through FP- 4 floodproofing classifications found in the State Building Code. Page 400 of 481 e. Standards for all flood fringe uses. 1. All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation. If a variance to this requirement is granted, the Board of Adjustment must specify limitations on the period of use or occupancy of the structure for times of flooding and only after determining that adequate flood warning time and local flood emergency response procedures exist. 2. Commercial uses. Accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the regulatory flood protection elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth and velocity such that, when multiplying the depth (in feet) times velocity (in feet per second), the product number exceeds four upon occurrence of the regional flood. 3. Manufacturing and industrial uses. Measures shall be taken to minimize interference with normal plant operations especially along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in Subsection (5)e.2 of this section. In considering permit applications, due consideration shall be given to needs of an stry whose business requires that it be located in floodplain areas. 0 4. Fill shall be properly compacted and the slope shall be properly protected by the use of riprap, vegetative cover or other acceptable metho)l.rFEMA has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation; FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi -structure or multi -lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. 5. Floodplain developments shall not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the Official Zoning Map. 6. Standards for recreational vehicles are contained in Subsection (9)c of this section. 7. All manufactured home 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 to be 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. (6) General Floodplain District. a. Permissible uses. The uses listed in Subsection (4)a of this section shall be permitted uses. 2. All other uses shall be subject to the floodway/flood fringe evaluation criteria pursuant to Subsection (6)b of this section. Subsection (4) of this section shall apply if the proposed use is in the floodway district and Subsection (5) of this section shall apply if the proposed use is in the flood fringe district. b. Procedures for floodway and flood fringe determinations within the General Floodplain District. 1. Upon receipt of an application for a permit or other approval within the general floodplain district, the applicant shall be required to furnish such of the following information as is deemed necessary by the Community Development Director for the determination of the regulatory flood protection elevation and whether the proposed use is within the floodway or flood fringe district. Page 401 of 481 (i) A typical valley cross section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross sectional areas to be occupied by the proposed development, and high-water information. (ii) Plan (surface view) showing elevations or contours of the ground, pertinent structure, fill, or storage elevations, the size, location, and spatial arrangement of all proposed and existing structures on the site, and the location and elevations of streets. (iii) Photographs showing existing land uses, vegetation upstream and downstream, and soil types. (iv) Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development. 2. The applicant shall be responsible to submit one copy of the above information to a designated engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the floodway or flood fringe district and to determine the regulatory flood protection elevation. Procedures consistent with Minn. R. 6120.5000- 6120.6200 and 44 CFR 65 shall be followed in this expert evaluation. The designated engineer or expert is strongly encouraged to discuss the proposed technical evaluation methodology with the respective Department of Natural Resources' area hydrologist prior to commencing the analysis. The designated engineer or expert shall: (i) Estimate the peak discharge of the regional 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 0.5 foot. A lesser stage increase than 0.5 foot shall be required if, as a result of the additional stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries. 3. The Community Development Director shall present the technical evaluation and findings of the designated engineer or expert to the City Council. The City Council must formally accept the technical evaluation and the recommended floodway and/or flood fringe district boundary or deny the permit application. The City Council, prior to official action, may submit the application and all supporting data and analyses to FEMA, the Department of Natural Resources or the Planning Commission for review and comment. Once the floodway and flood fringe district boundaries have been determined, the City Council shall refer the matter back to the Community Development Director who shall process the permit application consistent with the applicable provisions of Subsections (4) and (5) of this section. (7) Subdivisions. a. Review criteria. No land shall be subdivided which is unsuitable for the reason of flooding, inadequate drainage, water supply or sewage treatment facilities. All lots within the floodplain districts shall be able to contain a building site outside of the floodway district at or above the regulatory flood protection elevation. All subdivisions shall have water and sewage treatment facilities that comply with the provisions of this section and have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation. 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 shall be clearly labeled on all required subdivision drawings and platting documents. b. Floodway/flood fringe determinations in the General Floodplain District. In the general floodplain district, applicants shall provide the information required in Subsection (6)b of this section to determine the 100-year flood elevation, the floodway and flood fringe district Page 402 of 481 boundaries and the regulatory flood protection elevation for the subdivision site. C. Removal of special flood hazard area designation. FEMA has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi -structure or multi -lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. (8) 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 shall be floodproofed in accordance with the State Building Code or elevated to above the regulatory flood protection elevation. b. Public transportation facilities. Railroad tracks, roads, and bridges to be located within the floodplain shall comply with Subsections (4) and (5) of this section. Elevation to the regulatory flood protection elevation shall be provided where failure or interruption of these transportation 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 transpotation services would not endanger the public health or safety. C. On -site sewage treatment and water supply 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 Or 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 shall 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 shall be determined to be in compliance with this section. (9) Manufactured homes and manufactured home parks and placement of recreational vehicles. a. New manufactured home parks and expansions to existing manufactured home parks shall be subject to the provisions placed on subdivisions by Subsection (7) of this section. b. The placement of new or replacement manufactured homes in existing manufactured home parks or on individual lots of record that are located in floodplain districts will be treated as a new structure and may be placed only if elevated in compliance with Subsection (5) of this section. If vehicular road access for pre-existing manufactured home parks is not provided in accordance with Subsection (5)e.I of this section, then replacement manufactured homes will not be allowed until the property owners develops a flood warning emergency plan acceptable to the City. All manufactured homes 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 to be 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. C. Recreational vehicles that do not meet the exemption criteria specified in Subsection (9)c.1 of this section shall be subject to the provisions of this section and as specifically spelled out in Subsection (9)c.3 and 4 of this section. 1. Exemption. Recreational vehicles are exempt from the provisions of this section if they are placed in any of the areas listed in Subsection (9)c.2 of this section and further they meet the following criteria: (i) Have current licenses required for highway use. (ii) Are highway ready meaning on wheels or the internal jacking system, are attached to Page 403 of 481 the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks and the recreational vehicle has no permanent structural type additions attached to it. (iii) The recreational vehicle and associated use must be permissible in any pre-existing, underlying zoning use district. 2. Areas exempted for placement of recreational vehicles. (i) Individual lots or parcels of record. (ii) Existing commercial recreational vehicle parks or campgrounds. (iii) Existing condominium type associations. 3. Recreational vehicles exempted in Subsection (9)c.1 of this section lose this exemption when development occurs on the parcel exceeding $500.00 for a structural addition to the recreational vehicle or exceeding $500.00 for an accessory structure such as a garage or storage building. The recreational vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation/floodproofing requirements and the use of land restrictions specified in Subsections (4) and (5) of this section. There shall be no development or improvement on the parcel or attachment to the recreational vehicle that hinders the removal of the recreational vehicle to a flood free location should flooding occur. V* 4. New commercial recreational vehicle parks or campgrounds and new residential type subdivisions and condominium associations and the expansion of any existing similar use exceeding five units or dwelling sites shall be subject to the following: (i) Any new or replacement recreational vehicle will be allowed in the floodway or flood fringe districts provided the recreational vehicle and its contents are placed on fill above the regulatory flood protection elevation and proper elevated road access to the site exists in accordance with Subsection (5)e.1 of this section. No fill placed in the floodway to meet the requirements of this section shall increase flood stages of the 100-year or regional flood. (ii) All new or replacement recreational vehicles not meeting the criteria of Subsection (9)c.4(i) of this section may, as an alternative, be allowed as a conditional use if in accordance with the following provisions and the provisions of Subsection (10)d of this section.T}e applicant must submit an emergency plan for the safe evacuation of all vehiclesYnd people during the 100-year flood. The plan shall be prepared by a registered engineer or other qualified individual, shall demonstrate that adequate time and personnel exist to carry out the evacuation, and shall demonstrate the provisions of Subsection (9)c.1(i) and (ii) of this section will be met. 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 Subsection (8)c of this section. (10) Administration. a. Community Development Director. The Community Development Director or his or her designee shall administer and enforce this section. If the Community Development Director finds a violation of the provisions of this section, the Community Development Director shall notify the person responsible for such violation in accordance with the procedures stated in Subsection (12) of this section. b. Permit requirements. 1. Permit required. A permit issued by the Community Development Director in conformity with the provisions of this section shall be secured prior to the erection, addition, modification, rehabilitation (including normal maintenance and repair), or alteration of any Page 404 of 481 building, structure, or portion thereof; prior to the use or change of use of a building, structure, or land; prior to the construction of a dam, fence, or on -site septic system; prior to the change or extension of a nonconforming use; prior to the repair of a structure that has been damaged by flood, fire, tornado, or any other source; and prior to the placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain. 2. Application for permit. Application for a permit shall be made in duplicate to the Community Development Director on forms furnished by the Community Development Director and shall include the following, where applicable: plans in duplicate drawn to scale, showing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill, or storage of materials; and the location of the foregoing in relation to the stream channel. 3. State and federal permits. Prior to granting a permit or processing an application for a conditional use permit or variance, the Community Development Director shall determine that the applicant has obtained all necessary State and federal permits. 4. Certificate of zoning compliance for a new, altered, or nonconforming use. It shall be unlawful to use, occupy, or permit the use or occupancy of any building or premises or part thereof hereafter created, erected, changed, converted, altered, or enlarged in its use or structure until a certificate of zoning compliance shall have been issued by the Community Development Director stating that the use of the building or land conforms to the requirements of this section. * _ F 5. Construction and use to be as provided an cfpplicVons, plans, permits, variances and certificates of zoning compliance. Permits, conditional use permits, or certificates of zoning compliance issued on the basis of approved plans and applications authorize only the use, arrangement, and construction sett forth in such approved plans and applications, and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this section, and punishable as provided by Subsection (12) of this section. 6. Certification. The applicant shall be 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 section. Floodproofing measures shall be certified by a registered professional engineer or registered architect. 7. Record of first floor elevation. The Community Development Director shall 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 Community Development Director shall also maintain a record of the elevation to which structures or alterations and additions to structures are floodproofed. 8. Notifications for watercourse alterations. The Community Development Director shall notify, in riverine situations, adjacent communities and the Commissioner of the Department of Natural Resources prior to the community authorizing any alteration or relocation of a watercourse. If the applicant has applied for a permit to work in the beds of public waters pursuant to Minn. Stats. ch. 103G, this shall suffice as adequate notice to the Commissioner of Natural Resources. A copy of the notification shall also be submitted to the Chicago regional office of FEMA. 9. Notification to FEMA when physical changes increase or decrease the 100 year flood elevation. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the Community Development Director shall notify the Chicago regional office of FEMA of the changes by submitting a copy of the technical or scientific data. C. Board of Adjustment. Page 405 of 481 1. City Council. The City Council is the Board of Adjustment for this section. 2. Administrative review. The Board of Adjustment shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Community Development Director in the enforcement or administration of this section. 3. Variances. The Board of Adjustment may authorize upon appeal in specific cases such relief or variance from the terms of this section as will not be contrary to the public interest and only for those circumstances such as hardship, practical difficulties or circumstances unique to the property under consideration, as provided for in the enabling legislation for planning and zoning for cities. In the granting of such variance, the Board of Adjustment shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in this section, any other zoning regulations in the community, and in the respective enabling legislation that justified the granting of the variance. No variance shall have the effect of allowing in any district uses prohibited 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. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied: (i) Variances shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. (ii) Variances shall only be issued upon a showing of good and sufficient cause, a determination that failure to grant the variance would result in exceptional hardship to the applicant, and 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. (iii) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 4. Hearings. Upon fling with the Board of Adjustment of an appeal from a decision of the Community Development Dire tc or, or an application for a variance, the Board of Adjustment shall fix a reasonable time for a hearing and give due notice to the parties in interest as specified by law. The Board of Adjustment shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed variances sufficiently in advance so that the Commissioner will receive at least ten days' notice of the hearing. 5. Decisions. The Board of Adjustment shall arrive at a decision on such appeal or variance within 60 days. In passing upon an appeal, the Board of Adjustment may, so long as such action is in conformity with the provisions of this section, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination of the Community Development Director or other public official. It shall make its decision in writing setting forth the findings of fact and the reasons for its decisions. In granting a variance the Board of Adjustment may prescribe appropriate conditions and safeguards such as those specified in Subsection (10)d.6 of this section, which are in conformity with the purposes of this section. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this section punishable under Subsection (12) of this section. A copy of all decisions granting variances shall be forwarded by mail to the Commissioner of Natural Resources within ten days of such action. 6. Appeals. Appeals from any decision of the Board of Adjustment may be made, as specified in the City's office controls and also by State law. 7. Flood insurance notice and record keeping. The Community Development Director shall notify the applicant for a variance that: Page 406 of 481 (i) 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 $25.00 for $100.00 of insurance coverage; and (ii) Such construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. A community shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program. d. Conditional uses. The City Council shall hear and decide applications for conditional uses permissible under this section. Applications shall be submitted to the Community Development Director who shall forward the application to City Council for consideration. 1. Hearings. Upon filing with the City Council an application for a conditional use permit, the City Council shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed conditional use sufficiently in advance so that the Commissioner will receive at least ten days' notice of the hearing. 2. Decisions. The City Council shall arrive at a decision on a conditional use within 60 days. In granting a conditional use permit, the City Council shall prescribe appropriate conditions and safeguards, in addition to those specified in Sublection (10)d.6 of this section, which are in conformity with the purposes of this section. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use permit is granted, shall be deemed a violation of this section punishable under Subsection (12) of this section. A copy of all decisions granting conditional use permits shall be forwarded by mail to the Commissioner of Natural Resources within ten days of such action. 3. Procedures. The following procedures shall Abe followed by the City Council in passing on conditional use permit applications within all floodplain districts: (i) Require the applicant to furnish such of the following information and additional information as deemed necessary by the City Council for determining the suitability of the particular site for the proposed use: A. Plans in triplicate drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, floodproofing measures, and the relationship of the above to the location of the stream channel; and B. Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities. (ii) Transmit one copy of the information described in Subsection (10)d.3(i) of this section to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters. (iii) Based upon the technical evaluation of the designated engineer or expert, the City Council shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard. 4. Factors upon which the decision of the City Council shall be based. In passing upon conditional use applications, the City Council shall consider all relevant factors specified in other subsections of this section, and: (i) The danger to life and property due to increased flood heights or velocities caused by encroachments. Page 407 of 481 (ii) The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures. (iii) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. (iv) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. (v) The importance of the services provided by the proposed facility to the community. (vi) The requirements of the facility for a waterfront location. (vii) The availability of alternative locations not subject to flooding for the proposed use. (viii) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. (ix) The relationship of the proposed use to the Comprehensive Plan and Floodplain Management Program for the area. (x) The safety of access to the property in times of flood for ordinary and emergency vehicles. (xi) The expected heights, velocity, duration, rate cif rise, and sediment transport of the flood waters expected at the site. 100*4 (xii) Such other factors which are relevant to the purposes of this section. 5. Time for acting on application. The City Council shall act on an application in the manner described above within 60 days from receiving the application, except that where additional information is required pursuant to Subsection (10)d.3 of this section. The City Council shall render a written decision within 60 days from the receipt of such additional information. 6. Conditions attached to conditional use permits. Upon consideration of the factors listed above and the purpose of this section, the City Council shall attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this section. Such conditions may include, but are not limited to, the following: (i) Modification of waste treatment and water supply facilities. (ii) Limitations on period of use, occupancy, and operation. (iii) Imposition of operational controls, sureties, and deed restrictions. (iv) Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. (v) Floodproofing measures, in accordance with the State Building Code and this section. The applicant shall 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. (11) Nonconforming uses. A structure or the use of a structure or premises which was lawful before the passage or amendment of the ordinance from which this section is derived but which is not in conformity with the provisions of this section may be continued subject to the following conditions. Historic structures, as defined in Section 28-2, shall be subject to the provisions of this subsection (11). a. No such use shall be expanded, changed, enlarged, or altered in a way that increases its nonconformity. 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 shall be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or Page 408 of 481 floodproofing techniques (i.e., FP-1 through FP-4 floodproofing classifications) allowable in the State Building Code, except as further restricted in this subsection (11). C. The cost of all structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed 50 percent 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 percent of the market value of the structure, then the structure must meet the standards of Subsection (4) or (5) of this section for new structures depending upon whether the structure is in the floodway or flood fringe district, respectively. d. If any nonconforming use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this section. The assessor shall notify the Community Development Director in writing of instances of nonconforming uses that have been discontinued for a period of 12 months. e. If any nonconforming use or structure is substantially damaged, as defined in Section 28-2, it shall not be reconstructed except in conformity with the provisions of this section. The applicable provisions for establishing new uses or new structures in Subsection (4), (5), or (6) of this section will apply depending upon whether the use or structur�^ the floodway, flood fringe or general floodplain district, respectively. X f. If a substantial improvement occurs, as defined in Section 28-2, from any combination of a building addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an existing nonconforming building, then the building addition and the existing nonconforming building must meet the requirements of Subsection (4) or (5) of this section for new structures, depending upon whether the structure is in the floodway or flood fringe district, respectively. (12) Penalties for violation. a. Violation of the provisions of this sec ' n or failure to comply with any of its requirements (including violations of conditions""Ed safeguards established in connection with grants of variances or conditional uses) shaloeconstitute a misdemeanor and shall be punishable as defined by law. b. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include but are not limited to: 1. In responding to a suspected violation of this section, the Community Development Director and local government 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 community must act in good faith to enforce these official controls and to correct violations of this section to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. 2. When any violation of this section is either discovered by or brought to the attention of the Community Development Director, the Community Development Director shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate Department of Natural Resources and FEMA regional offices along with the community's plan of action to correct the violation to the degree possible. 3. The Community Development Director shall notify the suspected party of the requirements of this section and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the Community Development Director may order the construction or development Page 409 of 481 immediately halted until a proper permit or approval is granted by the community. If the construction or development is already completed, then the Community Development Director may either: (i) Issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls; or (ii) Notify the responsible party to apply for an after -the -fact permit/development approval within a specified period of time not to exceed 30 days. 4. If the responsible party does not appropriately respond to the Community Development Director within the specified period of time, each additional day that lapses shall constitute an additional violation of this section and shall be prosecuted accordingly. The Community Development Director shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition which existed prior to the violation of this section. (13) Amendments. a. The floodplain designation on the Official Zoning Map shall 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 Natural Resources if he determines that, through other measures, lands are adequately protected for the intended use. L b. All amendments to this section, including amendments to the Official Zoning Map, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the Official Zoning Map must meet the FEMA's technical conditions and criteria and must receive prior FEMA approval before adoption. The Commissioner of Natural Resources must be given ten days' written notice of all hearings to consider an amendment to this section and the notice shall include a draft of the section amendment or technical study under consideration. (Code 1998, § 31-400; Ord. No. 1011, § 1(B), 12-15-2009) Sec. 28-290. St. Croix River Overlay District. St. Croix River Overlay District shall be regulated as follows: (1) Purpose. The purposes of the St. Croix River Overlay Districts are as follows: a. Designating suitable la$ffuse districts along the bluffland and shoreland of the Lower St. Croix River. b. Regulating the area of a lot and the length of bluffland and water lot frontage suitable for building sites. C. Regulating the setback of structures and sanitary waste treatment facilities from blufflines to protect the existing and natural scenic values, vegetation, soils, water and bedrock from disruption by manmade structures. d. Regulating the setback of structure and sanitary waste treatment facilities from shorelines to protect the natural scenic value, floodplain and water quality. e. Regulating alterations of the natural vegetation and topography. f. Conserving and protecting the natural scenic values, historical and cultural resources of the river valley and maintaining a high standard of environmental quality consistent with the National Scenic Rivers Act (PL 90-542) and Lower St. Croix Act (PL 90-560) and Master Plan and with the State Department of Natural Resources Standards and Criteria for the Lower St. Croix National Scenic Riverway (Minn. R. 6105.0351 to 6105.0550). (2) Designation of districts. For the purpose of protecting the natural resources and natural scenic values of Page 410 of 481 the land within the boundaries of the Lower St. Croix Riverway the following St. Croix River Overlay Districts are established: a. The boundaries of the Lower St. Croix Riverway and the urban district with sewer and water service and urban district without sewer and water include all of the land riverward of the legally described riverway boundary contained in the official copy of the Lower St. Croix National Scenic Riverway National Master Plan and as shown on the map designated as Riverway Boundary, Exhibit A, attached to the ordinance from which this section is derived, as part of the Zoning Map. b. The boundaries of the Lower St. Croix Riverway zoning districts are designated on the map marked as the Riverway Boundary Exhibit A and attached to the ordinance from which this section is derived and made a part of the City's Official Zoning Map. (3) Use standards. Use standards for the St. Croix River Overlay Districts are as follows: a. Purpose. The purpose of establishing standards for uses in the St. Croix Riverway are to protect and preserve existing natural, scenic and recreational values and to maintain proper relationships between various land use types. b. Permitted uses. All structures associated with the following uses are permitted in the St. Croix Riverway, subject to the dimensional requirements of t ' bsection: 1. Conservancy; 2. Agriculture; 3. Single-family residential; 4. Government highway waysides, rest areas, information areas, parks and scenic overlooks; and 5. Government resource management and interpretive activities. C. Accessory uses in general. Accessory uses are all appurtenances associated with and customarily incidental to permitted uses— d. Conditional uses. Conditional use_ s a as follows: 1. Conditional uses are not permitted in the urban districts of the St. Croix Riverway unless it is determined by the City Council, after a public hearing, that the proposed use will: (i) Preserve the scenic and recreational resources of the St. Croix Riverway, especially in regard to the view from and use of the river; (ii) Maintain safe and healthful conditions; or (iii) Limit erosion potential of the site. 2. Conditional uses must meet, in addition to the dimensional and other requirements, the following standards: (i) The proposed use must be consistent with the City Comprehensive and Area Plan and be complimentary to the existing and adjacent land uses. (ii) The side and front setback requirements of the local zoning ordinance. (iii) A parking layout and site plan which provides on -site or off-street parking spaces for all employees of the project, an exclusive area for leasing docks where required by local ordinance and off-street customer parking spaces as required by local ordinance. (iv) On -site grading and surface water runoff plan for the site that minimizes soil erosion and degrading of surface water quality. (v) A landscaping plan that minimizes the visual impact of the proposed project as viewed from the river and that visually screens all parking areas from the river. The applicant Page 411 of 481 must provide the community with a performance bond for the cost of all landscaping to ensure compliance with the landscaping plans. (vi) The project meets all zoning and subdivision requirements. (vii) The project requires no alteration or fill of the shoreline, bluffland or floodway. (viii) No lighted or flashing signs can face riverward. 3. The following listed urban district conditional uses are considered conditional uses, permitted by conditional use permit: (i) All lawful businesses, including supermarkets. (ii) Manufacture of baked goods, provided not more than five persons are employed in the business. (iii) Department stores. (iv) Establishments for the sale of china, floor covering, hardware, furniture, household goods and appliances, paint, wallpaper, materials and objects of interior decorating. (v) Establishments for the sale of books, magazines, newspapers, tobacco products, drugs, flowers, gifts, music, photographic supplies, sporting goods and stationery. 1 (vi) Eating places, lunchrooms, restaurants and cafet 'as and places for the sale and consumption of soft drinks, juices, ice cream and be rages of all kinds, but excluding drive-in establishments. L � (vii) Service establishments, such as barber or beauty shops; custom tailors, laundry agencies and self-service laundries; laundries; shoe repair shops; dry cleaning, pressing or tailoring shops; printing ops; radio and television stations; telephone exchanges and the like. hk (viii) Business and profess' nal o s and office buildings. (ix) Hotels and motels. (x) Funeral homes and mortuaries. (xi) Automotive sale, serv�and storage excluding gasoline filling stations. (xii) Transportation statOn's and terminals. (xiii) Amusement and recreational establishments, armories, assembly halls, bowling alleys, dancehalls, pool and billiard parlors, skating rinks and other social, sport or recreational centers operated as a business, provided the place or building in which it is operated is sufficiently sound -insulated to effectively confine the noise to the premises. (xiv) Marinas subject to the requirements of Subsection (11) of this section. (xv) Office display or sales space of a wholesale jobbing or distribution establishment not specifically mentioned as permitted only in a less restricted district, in connection with which not more than 25 percent of the floor area of the building, or part thereof, occupied by the establishment is used for making, assembling, remodeling, repairing, altering, finishing or refinishing its products or merchandise, and provided that: A. Any resulting cinders, dust, fumes, noise, odors, refuse matters, smoke, vapor or vibration is confined to the premises. B. The ground floor premises facing upon a street upon which the premises abut are used only for entrances, office or display. (xvi) Any other building, use or service similar to those listed in the type of services or goods sold, in the number of persons or vehicles to be attracted to the premises or in the effect upon adjacent areas. Page 412 of 481 (xvii) Any accessory use customarily incident to a use authorized by this chapter. (4) Prohibited uses. The following uses are prohibited in all St. Croix River Overlay Districts: a. Sand and gravel operations; b. Junkyards; C. Mobile home parks; d. Downhill ski areas; e. Advertising sign visible from the river; and f. All uses not authorized in this subsection. (5) Nonconforming uses. Prohibited uses in St. Croix River Overlay Districts, legally in existence prior to May 1, 1974, are legal nonconforming uses. These uses can be maintained but must not be enlarged or expanded. (6) Dimensional standards and other requirements. Dimensional standards and other requirements in the St. Croix River Overlay Districts are as follows: a. Purpose. The purpose of establishing dimensional standards is to maintain the aesthetic integrity of the St. Croix Riverway's dominant natural setting, to reduce the adverse effect of poorly planned shoreland and bluffland development, to provide sufficient space on lots for sanitary facilities, to minimize flood damage, to prevent pollution of surface water and groundwater, to minimize soil erosion and to provide a natural buffer between the river and developed areas. b. Minimum dimensional requirements. Minimum dimensional requirements are as follows: 1. The following chart sets forthhe minimum area, setbacks and other dimensional requirements of each district: /qrjhh� or Urban District without Sewer and Water Urban District with Public Sewer and Water Minimum lot size above ordinary high-water mark lor 1 acre 20,000 square feet Lot width at building setback line 150 feet 100 feet Lot width at water line 150 feet 100 feet Structure setback from ordinary high-water mark 100 feet 100 feet Structure setback from bluffline 40 feet 40 feet On -site sewage treatment system setback from ordinary high-water mark 100 feet NA On -site sewage treatment system setback from bluffline 40 feet NA Maximum structure height 35 feet 35 feet Maximum total lot area covered by impervious surface 20 percent (87,000 square feet 20 percent (4,000 square feet) On slopes <12%, the controlled vegetative cutting area setback is from: Ordinary high-water mark 100 feet 100 feet Bluffline 40 feet 40 feet Page 413 of 481 2. Other requirements are as follows: (i) Structures are not permitted on slopes greater than 12 percent, with the exception of stairways and lifts. The physical alteration of slopes is not permitted for the purpose of overcoming this limitation. (ii) New structures must meet the floodway requirements as defined in section 28-289. (iii) The exterior color of new structures, including roofs, shall be of earth or summer vegetation tones, unless completely screened from the river by topography. (iv) Sewage disposal must meet all requirements of Subsection (10) of this section. (v) Vegetative cutting requires a permit. On lands within 100 feet of the ordinary high- water mark and 40 feet landward of blufflines and on slopes greater than 12 percent there is no vegetative cutting of live trees or shrubs without a permit. A permit may be issued only if the cutting, including topping, involves trees less than six inches in diameter at breast height. The cutting, including topping involves vegetation which is not screening any structure from view from the river. The essential character, quality and density of existing growths are preserved, and continuous canopy cover is maintained. The trees are diseased, and their removal is in the public interest. The cutting is necessary for the maintenance of transportation lines or utility rights -of -way. A vegetative cutting permit is not required for the following; however, the vegetative cutting must be accomplished in such a manner that the essential character, quality and density of existing growth is preserved and continuous canopy cover is maintained as viewed from the river: (i) Clearing the minimum area necessa fora structure, sewage disposal system and private road and parking area, done pu uant to a validly issued building permit. (ii) Maintenance trimming or pruning on property or in transportation or utility rights -of - way. (iii) Vegetative cutting in areas of the St. Croix Riverway not covered under Subsection (6)b.2(v) of this section, provided that the vegetation is not screening any structure from view from the river. C. Grading and filling. Grading and filling requirements are as follows: 1. Grading, filling, excavating or changing the topography landward of the ordinary high-water mark is not permitted without a permit. A permit may be issued only if: (i) Slopes greater than 12 percent are not altered where erosion and visual scars may result. (ii) Earth moving, erosion, vegetative cutting, draining or filling of wetlands and the destruction of natural amenities is minimized. (iii) The smallest amount of ground is exposed for as short a time as feasible. (iv) During construction, temporary ground cover or mulch is used, and permanent ground cover or sod is planted. (v) Temporary and permanent methods to prevent erosion and trap sediment are employed. (vi) Fill is stabilized to accept engineering standards. 2. A separate grading and filling permit is not required for grading, filling or excavating the minimum area necessary for a structure, sewage disposal system, private road or parking area done pursuant to a validly issued building permit. However, the standards and criteria of Subsection (6)b.2 of this section are required as conditions of the building permit. Page 414 of 481 (7) Exceptions to minimum setback requirements. Exceptions to the minimum setback requirements in the St. Croix River Overlay Districts include the following: a. Where a substandard setback pattern from the ordinary high-water mark or a bluffline has already been established by existing principal dwelling unit structures on adjacent lots on both sides of the proposed building site, the setback of the proposed structure is the average setback of the existing dwelling units, plus at least 40 feet, or the required minimum setbacks of the underlying zoning districts, whichever distance is less from the average setback line. This exception applies only to substandard lots that do not meet the minimum lot width requirements of Subsection (6) of this section. b. Development subject to state permits which provide services to the public and which, by their nature, require location on or near public waters shall be subject to the conditions of the state permits as provided in Minn. R. 6105.0390 and 6105.0410 to 6105.0440. C. Temporary docks may be allowed to extend into the water the minimum distance necessary to facilitate the launching or mooring of watercraft during the open water season if the docks are allowed by the federal and State government. d. Signs may be allowed if allowed by the federal and State government and if necessary for the public health and safety. Signs may also be allowed that indicate areas that are available or not available for public use. Outside the minimum setbacks w1th the St. Croix Riverway, signs that are otherwise lawful are permitted, provided they will be ually inconspicuous in summer months as viewed from the river. C e. Stairways and lifts to enable access from bluffland propertie to the water on steep slopes may be allowed by the local authority, provided the disruption of vegetation and topography is kept to a minimum and the structure will be visually inconspicuous in the summer months as viewed from the river. (8) Substandard lots. Lots in the St. Croix Nat v Districts recorded in the office of the County Register of Deeds prior to May 1, 1974,o not meet the requirements of Subsection (6) of this section may be allowed as building sites when: Nomw a. The proposed use is permitted in the�oning districts. b. The lot has been in separate ownership from abutting lands since May 1, 1974. C. It can be demonstrated that a proper and adequate sewage disposal system can be installed in accordance with the provision of Subsection (10) of this section. d. The dimensional standards of this subsection are complied with to the greatest extent practicable. (9) Substandard structures. All structures legally in existence in the St. Croix River Overlay Districts prior to May 1, 1974, that do not meet the structure or sewage treatment system setback requirements or other dimensional standards of this subsection are considered substandard structures and are subject to the following conditions: a. Substandard structures that contain nonconforming uses may not be enlarged or expanded. b. Substandard structures and substandard sanitary facilities are allowed to continue. C. In no instance may the extent to which a structure or sanitary facility violates a setback standard be increased. d. An extension, enlargement or alteration of an existing substandard structure may be permitted on the side of the structure or facility facing away from the river or bluffline. e. An alteration or expansion of a substandard structure which increases the horizontal or vertical riverward building face may not be allowed unless it can be demonstrated that the structure will be visually inconspicuous in summer months as viewed from the river as determined by the City Council after a public hearing. Page 415 of 481 f. Exterior decks attached to the structure which do not extend any roof or foundation may be permitted to extend laterally (parallel to the river or bluffline) at the same setback as the substandard structure if the deck is visually inconspicuous in summer months as viewed from the river and the deck has no roof or building foundation. g. If a substandard structure needs replacing due to destruction, deterioration or obsolescence, the replacement must comply with the dimensional standards of this section. (10) Sewage disposal. Any premises intended for human occupancy in the St. Croix River Overlay Districts must be provided with an adequate method of sewage disposal, subject to the following items: a. Public collection and treatment facilities must be used where available and where feasible. b. Where public or municipal facilities are not available, all on -site individual sewer disposal systems must conform to the minimum standards as set forth in the regulations of the State Department of Health and State Pollution Control Agency. C. A septic tank/drain field system shall be the only acceptable system for installation unless it can be demonstrated that this system is not feasible and the system, being proposed as an alternative, will not cause a pollution problem. d. No person may install, alter, repair or extend any individual sewer disposal system without first obtaining a permit from the Community Development Director for the specific installation, alteration, repair or extension. (11) Marinas. Marinas in the St. Croix River Overlay Districts shall be re)ilated as follows: a. New and/or expanded marinas may only be allowed: 1. Between the Boomsite Highway W y� side and the City; and 2. Downstream from the northern City limits i urban districts. b. New marinas must meet the d rsign standards of the State Department of Natural Resources regulations, including Minn. R..0410, subp. 2. C. Permit requirements. No construction or development associated with a marina may begin until all of the following authorizations been obtained by the applicant: 1. Marinas are a conditional use in this section. I/ 2. For uses and structures above the ordinary high-water mark associated with a marina, a public hearing must be held by the City Council to consider a marina as a conditional use in accordance with the State Department of Natural Resources regulations including Minn. R. 6105.0530. The City Council may approve or deny the marina on the standards of the state Department of Natural Resources. If the City Council approves the marina, final issuance of the local permit must be conditioned upon granting of all State and federal permits required by the State Department of Natural Resources including Minn. R. 6105.0410. (12) Alterations of public waters. Public waters alterations in the St. Croix River Overlay Districts shall be regulated as follows: Changing the course, current or cross section of public waters require State and federal permits as specified in Minn. R. 6105.0420 before any local permits may be issued. (13) Transmission services. A permit from the Commissioner is required pursuant to Minn. Stats. & 84.415 or 103G.245 before transmission services may cross state-owned lands or public waters and shall be in accordance with the Natural Resources Regulations, including Minn. R. 6105.0430. (14) Public roads. A permit from the Commissioner of Natural Resources is required before construction, reconstruction, removal or abandonment of any road or railroad crossing of public waters within the riverway. Such permit shall be in accordance with Minn. R. 6105.0440. (15) Subdivisions. Subdivisions in the St. Croix River Overlay Districts shall be regulated as follows: a. Land suitability. No land may be subdivided if found by the City Council to be unsuitable for reason of flooding, inadequate drainage, soil and rock formations with severe limitation for Page 416 of 481 development, severe erosion potential, unfavorable topography, inadequate water supply or sewer disposal capabilities or any other features likely to be harmful to the health, safety or welfare of the future residents of the proposed subdivision or the community. The City Council, in applying the provisions of this subsection, must describe in writing the particular features upon which it bases its conclusions that the land is not suitable for the proposed use and must afford the subdivider an opportunity to present evidence regarding the suitability at a public hearing. Thereafter, the City Council may affirm, modify or withdraw its determination of unsuitability. b. Preliminary plans. Preliminary plans for all plats, including planned cluster developments, must be approved by the Commissioner or designee prior to preliminary approval by the City Council. All subdivisions must comply with the applicable provisions of the City's subdivision ordinance. C. Planned cluster developments. A pattern of subdivision development which places dwelling units into compact groupings may be allowed when the clustering will provide a better means of preserving agricultural land, open space, woods, scenic views, wetlands and other features of the natural environment than traditional subdivision development. Except for minimum setbacks and height limits, altered dimensional standards may be allowed as exceptions to this section for planned cluster developments if: 1. Public sewer and water will be installed in the proposed cluster development and the number of dwelling units does not exceed 50 percent more than the total number of dwelling units allowed by the minimum lot size requirements for a single-family residential subdivision. 2. Open space is preserved. At least 50 percent of the length of shoreland or bluffland frontage as viewed from the river must be kept in its natural state. 3. Temporary docks are centralized and are not larger than needed by the residents of the development. (16) Administration. Administration of thi section shall be according to the following: a. Administrative procedure. In addition to the applicable administrative procedures set forth in Article II of this chapter, the following procedures must be implemented with respect to land, subject to this section: 1. A public hearing must be held for all zoning district amendments, zoning text amendments, conditional use permits, planned unit developments, subdivisions and variances. 2. No less than 20 days prior to the public hearing, the Community Development Director must send notice and copies of the applicant's submittal information as specified to the following agencies for review and comment: (i) Department of Natural Resources; and (ii) Minnesota/Wisconsin Boundary Area Commission. Notice of the purpose, time and place of the public hearing must be mailed to all listed property owners and local governments at least ten days prior to the date of the hearing. Notice of the purpose, time and place of the public hearing must be published in the official newspaper of the affected communities at least ten days prior to the date of the hearing. b. Certification of the Commissioner of Natural Resources. Before any zoning district ordinance amendment or variance becomes effective, the City Council must forward the decision to the Commissioner. The Commissioner must certify in writing that the proposed action complies with the intent of the Wild and Scenic Rivers Act and the Master Plan for the Lower St. Croix River within 30 days of receipt of a final decision as required by the Department of Natural Resources regulations, Minn. R. 6105.0540. C. Forwarding a final decision. The Clerk must forward decisions within ten days of final action on all conditional use permits, planned unit developments and subdivisions to the Commissioner of Natural Resources. Page 417 of 481 d. Permit process. The permit process shall adhere to the following: St. Croix River Overlay District Permits Urban District Building permits LP Septic permits LP Grading permits LP Tree cutting permits LP Conditional use permits PH-WA-FD Amendments to this section PH-WA-FD Amendments to district bounds PH -WA -CC Plats and cluster developments PH-WA-FD Variances PH -WA -CC LP - Permit issued by the local authority in acute with this subdivision and all other local permits. CC - Certification by the Commissioner of Natural Resources prior to final local approval. PH - Public hearing necessary by the local authority giving 20 days' notice of meeting to the Commissioner of Natural Resources and other listed agencies. FD - Local authority forwards any decisions to the Commissioner of Natural Resources within the ten days after taking final action. WA - The Commissioner Cves Natural Resources must submit, after notice of public hearing and before the local authority preliminary approval, a written review and approval of the project. — e. Variances. Variances will be granted only where there are particular hardships which make the strict enforcement of this section impractical. Hardship means the proposed use of the property and associated structures in question cannot be established under the conditions allowed by this subsection, the plight of the landowner is due to circumstances unique to this property, not created by the landowners after May 1, 1974; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone will not constitute a hardship for the reasonable use of the property and associated structures under the conditions allowed by this section. In addition, no variance may be granted that would permit any use that is prohibited in this section in which the subject property is located. Conditions may be imposed on the granting of a variance to ensure compliance and to protect adjacent properties and the public interest, especially in regard to the appearance of the property when viewed from the river. The public hearing for a variance must be held by the Planning Commission and City Council set forth in this section. f. Requirements of the applicant for a public hearing. Applicant requirements for a public hearing are as follows: 1. The applicant must submit sufficient copies of the information in Subsections (16)f.2 through 10 of this section (submittal information) to the Community Development Director 30 days prior to the public hearing on the application for a conditional use, variance, planned unit development or subdivision. 2. An abstractor's certificate showing the names and addresses of all property owners within 350 feet of the affected property, and any local governments, within two miles of the affected property (this requirement does not apply to amendments to the text of this Page 418 of 481 subsection) as requested to the Community Development Director 30 days prior to the public hearing on the application for a conditional use, variance, planned unit development or subdivision. 3. Plat of survey showing the property location, boundaries, dimensions, elevations, bluff lines, utility and roadway corridors, the ordinary high-water mark, floodway and floodplain. 4. The most recent aerial photo of the property with property lines drawn in. 5. Location of existing and proposed structures including height and setback dimensions. 6. Location of existing and proposed alterations of vegetation and topography. 7. Adjoining water oriented to such districts and other uses. 8. Suitability of the area for on -site waste disposal. The type, size and location of the system must be indicated. If a public or municipal wastewater collection and treatment system is to be utilized, the applicant must submit a written agreement from the City indicating that the system has the capacity to handle the development. 9. An estimate of permanent and transient residents that will be associated with the use. 10. An abstractor's certificate showing the names and addresses of all property owners within 350 feet of the affected property, and any local governments, within two miles of the affected property. This requirement does not apply to amendments to the text of this subsection. g. Factors to be considered. When considering a conditional use permit, variance, subdivision, proposal or zoning amendment within the St. Croix River Overlay Districts, the City must address the following items in making its decisions: 1. Preserving the scenic and recreational resources of the St. Croix Riverway, especially in regard to the view from and AM of the river. 2. The maintenance of safe and healthful conditions. 3. The prevention and control of water pollution, including sedimentation. 4. The location of the site with respect to floodways, slopes and bluff lines. 5. The erosion potential of the site based on degree and direction of slope, soil type and vegetative cover. 6. Potential impact on game and fish habitat. 7. Location of the site with respect to existing or future access roads. 8. The amount of wastes to be generated and the adequacy of the proposed disposal system. 9. The anticipated demand for police, fire, medical and school services and facilities. 10. The compatibility of the proposed development with uses on adjacent land. (17) Enforcement. Enforcement of this section shall be according to the following: a. Violations. Penalties and remedies for violation of this section are as follows: 1. It is unlawful for any person to violate any of the terms and provisions of this section. A violation is a misdemeanor. Each day that a violation is permitted to exist will constitute a separate offense. 2. In the event of a violation or a threatened violation of this section, the City Council, or the Commissioner of Natural Resources, in addition to other remedies, may institute appropriate actions or proceedings to prevent, restrain, correct or abate violations or a threatened violation and it is the duty of the City Attorney or State Attorney General, to institute the action. b. Separability. The several provisions of this section are separable in accordance with the Page 419 of 481 following: 1. If any court of competent jurisdiction adjudges any provision of this section to be invalid, the judgment will not affect any other provisions of this section not specifically included in the judgment. 2. If any court of competent jurisdiction adjudges invalid the application of any portion of this section to a particular property, building or other structure, the judgment will not affect the application of the provision to any other property, building or structure not specifically included in the judgment. 3. Nothing contained in this section repeals or amends any section requiring a permit or license to engage in any business or occupation. (Code 1998, § 31-401) Sec. 28-291. Shoreland Management Overlay Districts. Shoreland Management Overlay Districts shall be regulated as follows: (1) Intent and purpose. The City finds that the protection of lakes, streams and water courses within its boundaries is critical for the health, safety, order and general welfare of its citizens and to preserve and enhance the quality of surface water and preserve the economic and natural environmental values of shoreland. It is the intent of the City to preserve shoreland areas foe purpose of: a. Regulating the areas of a lot and the length of water frontage suitable for building sites. b. Regulating the alteration of shorelands of public waters. IR C. Regulating alterations of the natural vegetation and the natural topography along shorelands. d. Conserving and developing natural resources and maintaining a high environmental quality. (2) General provisions and definitions. General provisions and definitions areas follows: a. Compliance. The use of any shoreland of public waters; the size and shapes; the use, size, type and location of structures on lots; the installation and maintenance of water supply and waste treatment systems; the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land must be in full compliance with the terms of this section and other applicable regulations. b. Enforcement. The Community Development Director is responsible for the administration and enforcement of this section. Any violation of the provisions of this section 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, constitutes a misdemeanor. C. Interpretation. In their interpretation and application, the provisions of this section will be held to be minimum requirements and must be liberally construed in favor of the City and not be deemed a limitation or repeal of any other powers granted by state statutes. d. Abrogation and greater restrictions. It is not intended by this section to repeal, abrogate or impair any existing easements, covenants or deed restrictions. All other ordinances inconsistent with this section are repealed to the extent of the inconsistency only. (3) Administration. Administration of this section shall be as follows: a. Permits required. A permit is required for the construction of buildings or building additions, alteration of sewage treatment systems and grading and fill activities. The application must include the necessary information so that the Community Development Director can determine the site's suitability. b. Notification to the Department of Natural Resources. Copies of all notices of any public hearing to consider variances, amendments or conditional uses for those lakes which are classified with the criteria found in Minn. R. 6120.3300 and the Protected Waters Inventory Map for Washington County, Minnesota, must be sent to the Commissioner or the Commissioner's designated Page 420 of 481 representative and postmarked at least ten days before the hearing. Notice of the hearing to consider proposed subdivisions or plats must include copies of the subdivision or plat. C. Variances. A variance may not circumvent the general purposes and intent of this section. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. Conditions may be imposed in the granting of a variance to ensure compliance and to protect adjacent properties and the public interest. In considering a variance request, the Board of Adjustment must also consider whether the property owner has reasonable use of the land without the variance, whether the property is used seasonally or yearround, whether the variance is being requested solely on the basis of economic considerations, and the characteristics of development on adjacent property. The Planning Commission must hear and decide requests for variances in accordance with the rules that it has adopted for the conduct of business. When a variance is approved after the Department of Natural Resources has formally recommended denial in the hearing record, the notification of the approved variance required in Subsection (3)b of this section must also include the Commission's summary of the public record/testimony and the findings of facts and conclusions that supported the issuance of the variance. d. Reconstruction of nonconforming sewage treatment systems. A permit authorizing an addition to an existing structure must require that an identified nonconforming sewage treatment system, as defined in Section 28-2, be reconstructed or replaced inaccordance with the provisions of the Uniform Building Code. e. Certificate of zoning compliance. The Community Development Director must issue a certificate of compliance for each activity requiring a ermit. This certificate will specify that the use of land conforms to the requirements of this sen. Any use, arrangement or construction at variance with that authorized permit is a violation of this section. (4) Shoreland classification system and land use districts. The public waters of the City have been classified consistent with the criteria found in Minn.R. 6120.3300 and the Protected Waters Inventory Map for Washington County, Minnesota, as follows: a. Lakes and streams. 1. Natural environment: South Twin Lake (82-19W). 2. Recreational development: Long Lake (82-21P). 3. General development: Lily Lake (82-23P). Lake McKusick (82-20W). 4. Streams and rivers: Brown's Creek and its tributaries. b. Land use districts for lakes. All lands within shoreland areas in the City shall be designated as a residential use district. The following uses are permitted: Permitted uses: (i) Single-family residential. (ii) Parks and historic sites. (iii) Agricultural cropland and pasture. 2. Uses permitted with a conditional use permit: Cluster residential development with the density not to exceed the development regulations of the zoning district. Page 421 of 481 Uses permitted with a conditional use permit: Senior care living facility; however, only on parcels that are partly, and not wholly, within the Shoreland Management Overlay District. C. Land use districts for rivers. 1. Permitted uses: (i) Single-family residential. (ii) Parks and historic sites. 2. Uses permitted with a conditional use permit: Cluster residential development with the density not to exceed the development regulations of that zoning district. (5) Zoning and water supply; sanitary provisions. Sanitary provisions for zoning and water supply are as follows: a. Lot area and width standards. The lot area and lot width standards for single-family residential lots created after the date of enactment of the ordinance from which this section derives for any lake and river/stream classification are the following: Area Width in eet Unsewered lakes: Natural environment 2.5 acres 200 Recreational development 2.5 acres 200 General development 2.5 acres 200 Sewered lakes: Natural environment 40,000 square feet 125 Recreational development 20,000 square feet 75 General developingg 15,000 square feet 75 (6) Placement of structures on lots'� . en more than one setback applies to a site, structures and facilities must be located to meet all setback . a. Structure and on -site sewage system setbacks. Structure and on -site sewage system setbacks from the ordinary high-water mark are as follows: Classes of Public Waters Structure Setback on Unsewered Parcel in eet Structure Setback on Sewered Parcel in eet Sewage Treatment System Setback in eet Lakes Natural environment 200 150 150 Recreational development 100 75 75 General development 75 50 75 Unclassified water bodies 75 50 75 Rivers 200 150 150 Tributaries 200 150 50 Page 422 of 481 b. Additional structure setbacks. The following additional structure setbacks apply, regardless of the classification of the waterbody: Setback from top of bluff, 40 feet. (7) Design criteria for structures. Design criteria for structures are as follows: a. High-water elevations. Structures must be placed in accordance with any floodplain regulations applicable to the site. Where these controls do not exist, the elevation to which the lowest floor, including the basement, is placed or floodproofed must be determined as follows: 1. For lakes, by placing the lowest floor at a level at least three feet above the highest known water level or three feet above the ordinary high-water level, whichever is higher. 2. For rivers and streams, by placing the lowest floor at least three feet above the flood of record, if data is available. If data is not available, by placing the lowest floor at least three feet above the ordinary high-water level, or by conducting a technical evaluation to determine effects of proposed construction upon flood stages and flood flows and to establish a flood protection elevation. Under all three approaches, technical evaluations must be done by a qualified engineer or hydrologist consistent with the county floodplain management ordinance. If more than one approach is used, the highest flood protection elevation determined must be used for placing structures and other facilities. b. Stairways, lifts and landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts must meet all of the following design requirements: 1. Stairways and lifts must not exceed four feet in width on residential lots; 2. Landings for stairways and lifts on residential lots must not exceed 32 square feet in area; 3. Canopies or roofs are not allowed on stairways, lifts or landings; 4. Stairways, lifts and landings 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. 5. Stairways, lifts and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf -on conditions, whenever practical; and 6. Facilities such as ramps, lifts or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of Subsection (7)a through e of this section are complied with in addition to the requirements of Minn. R. 1340. C. Significant historic sites. No structure may be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository. d. Steep slopes. The applicant must evaluate possible soil erosion impacts and development visibility from public waters before applying for a permit for construction of sewage treatment systems, roads, driveways, structures or other improvements on steep slopes. When determined necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles and other facilities as viewed from the surface of public waters, assuming summer, leaf -on vegetation. e. Height of structures. All structures in residential districts, except churches and nonresidential agricultural structures, must not exceed 35 feet in height. f. Shoreland alterations. Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping and protect fish and wildlife habitat. Page 423 of 481 g. Vegetation alterations. Vegetation alterations necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas are exempt from the vegetation alteration standards that follow. Removal or alteration of vegetation is allowed subject to the following standards: 1. Selective removal of natural vegetation shall be allowed, provided sufficient vegetative cover remains to screen cars, dwellings and other structures, piers, docks and marinas, when viewed from the water. 2. No cutting or removal of trees over six inches in diameter measured at a point two feet above ground level within the required building setback shall be permitted unless the trees are dead or diseased. A certificate of compliance must be obtained prior to the removal of any trees. 3. Natural vegetation shall be restored insofar as feasible after any construction project is completed in order to retard surface runoff and soil erosion. 4. The provisions of this subsection (7)g shall not apply to allowed uses which normally require the removal of natural vegetation or to the removal of trees, limbs or branches that are dead, diseased or pose safety hazards. h. Connections to public waters. Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons and harbors will only be allowed after the Department of Natural Resources has approved the proposed connection to public waters. i. Placement and design of roads, driveways and parking a)Vdsl Requirements for the placement and design of roads, driveways and parking areas are as follows: 1. Public and private roads and parking areas must be designated to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation must be provided by a qualified individual that all roads and parking areas are 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. 2. All new roads, driveways and parking areas must meet water body structure setbacks and must not be placed within bluff and shore impact zones. 3. Public and private watercraft access ramps, approach roads and access -related parking areas may be placed within shore impact zones, provided the vegetative screening and erosion control conditions of this subsection are met and a certificate of compliance is issued by the Community Development Director. j. Specific standards. Specific standards are as follows: 1. Impervious surface coverage of lots must not exceed 25 percent of the lot area. 2. When constructed facilities are used for stormwater management, documentation must be provided by a registered engineer that they are designed and installed consistent with the field office technical guide of the local soil and water conservation district. 3. New constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge. k. Standards for public uses. Standards for public uses are as follows: 1. Surface water -oriented public uses with similar needs to have access to and use of public waters may be located on parcels or lots with frontage on public waters. Those uses with water -oriented needs must meet the following standards: (i) In addition to meeting impervious coverage limits, setbacks and other zoning standards in this section, the uses must be designed to incorporate topographic and vegetative screening of parking areas and structures. Page 424 of 481 (ii) Uses that require short-term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need. (iii) Uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the following general standards: A. No advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public waters by a public authority or under a permit issued by the County Sheriff. B. Signs may be placed, when necessary, within the shore impact zone if they are designed and sized to be the minimum necessary to convey the location and name of the establishment and the general type of goods or services available. The signs must not contain other detailed information such as product brands and prices, must not be located higher than ten feet above the ground, and must not exceed 32 square feet in size. If illuminated by artificial lights, the lights must be shielded or directed to prevent illumination out across public waters. A sign permit must be obtained from the Community Development Director. C. Other outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights. Agricultural use standards. Agricultural use standards are as follows: General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or operated under an approved conservation plan (resource management systems) consistent with the field office technical guides of the local soil and water conservation districts or the United States Soil Conservation Service, as provided by a qualified individual or agency. The shore impact zone for parcels withppermitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high-water level. in. Forest management standards. The harvesting of timber associated with reforestation must be conducted consistent with the provisions of the Minnesota Nonpoint Source Pollution Assessment -Forestry and the provisions of Water Quality in Forest Management, Best Management Practices in Minnesota. n. Conditional uses. Conditional uses allowable within shoreland areas shall be subject to the review and approval procedures and criteria and conditions for review of conditional uses established in this section. The following additional evaluation criteria and conditions apply within shoreland areas: 1. Evaluation criteria. A thorough evaluation of the water body and the topographic, vegetation and soil conditions on the site must be made to ensure: (i) The prevention of soil erosion or other possible pollution of public waters, both during and after construction. (ii) The visibility of structures and other facilities as viewed from public waters is limited. (iii) The site is adequate for water supply and on -site sewage treatment. (iv) The types, uses and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft. (8) Nonconforming uses; substandard structures. Nonconforming uses and substandard structures shall be regulated as follows: a. Legally established nonconformities. All legally established nonconformities as of October 28, Page 425 of 481 1972, may continue, but they will be managed according to applicable state statutes and other regulations of the City for the subjects of alterations and additions, repair after damages, discontinuance of use and intensification of use; except that the following standards will also apply in shoreland areas: 1. A lot or parcel of land which was of record as a separate lot or parcel in the office of the County Recorder or Registrar of Title, on or before January 1, 1973, which is in a residential or agricultural district may be used for single-family detached dwelling purposes, without a variance, provided the area and width thereof are within 60 percent of the minimum requirements of Subsection (5) of this section, provided all setback requirements of this subsection can be maintained and provided it can be demonstrated that either two safe and adequate sewage treatment systems can be installed to service such permanent dwelling or the dwelling is served by sanitary sewer. 2. If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the requirements of Subsection (5) of this section, the lot must not be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the full requirements of Subsection (5) of this section. 3. Restoration of nonconforming uses and substandard buildings or structures. A nonconforming use or substandard building or structure which is damaged or destroyed by fire, flood, wind, earthquake or other calamity may be restored and the occupancy or use of such building, structure or part thereof, which existed at the time of such partial destruction, may be continued or resumed, provided that the restoration is started within a period of one year and is diligently prosecuted to completion, unless the damage to such building or structure is equal to 50 percent or more of the replacement cost thereof (as determined by the Building Official) in whic case, the reconstruction shall conform to the provisions of this section, not to exceed the gross square footage of the previous structure. (9) Additions or expansions to substandard structures. Additions or expansions to substandard structures shall meet the following requirements: *bW.I- a. All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height and other requirements of Subsection (6) of this section. Any deviation from these requirements must be authorized by a variance pursuant to this section. b. Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary highlater level if all of the following criteria and standards are met: 1. The structure existed on the date the structure setbacks were established. 2. A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high-water level setback of the structure. 3. The deck encroachment toward the ordinary high-water level does not exceed 15 percent of the existing setback of the structure from the ordinary high-water level or does not encroach closer than 30 feet, whichever is more restrictive. 4. No deck on a nonconforming structure shall exceed ten feet in width. 5. The deck is constructed primarily of wood and is not roofed or screened. 6. A certificate of compliance is obtained from the Community Development Director. (10) Exceptions to building setbacks. Exceptions to building setbacks are as follows: a. Exceptions to the building setback from the ordinary high-water mark for substandard structures that are set back a minimum of 30 feet from the ordinary high-water mark on sewered lots or a minimum of 45 feet from the ordinary high-water mark on unsewered lots. An extension, enlargement or alteration of an existing substandard structure may be permitted on the side of the structure facing away from the water body, provided the improved structure is in compliance with Page 426 of 481 all other requirements of this section. b. Exceptions to the building setback from the side yard and street right-of-way. An extension, enlargement or alteration of an existing substandard structure may be permitted on the side of the structure facing away from the side yard or street, provided the encroachment into the side or front yard is not increased and the improved structure is in compliance with all other requirements of this section. C. Nonconforming sewage treatment systems. A sewage treatment system not meeting the requirements of the County individual sewage treatment system ordinance must be upgraded, at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of, the property, with the exception of nonhabitable spaces, (decks, and porches). In addition, at time of sale or upon receipt of a complaint, the property shall be inspected and if the sewage system is found to be nonconforming, a new conforming system must be installed within 90 days. (11) Wetlandprotection natural buffer zone. a. Scope of application. This subsection applies to any property included within a subdivision or for property for which an application for a building permit was filed on or after the effective date of the ordinance from which this section is derived. This subsection does not apply to any of the following: 1. Structures located within a wetland buffer zone on the effective date of the ordinance from which this section is derived, or the remodeling or reconstruction of these structures provided that the change does not occupy additional land within the wetland buffer zone. 2. The construction or maintenance of public drainage facilities or temporary erosion control improvements. ' 3. The construction or maintenance %f public utilities, provided there is no other practical alternate location and measures are taken to minimize impact on the wetland buffer zone. 4. The construction or maintenance of public or private trails if the trail surface is not of impervious materials and the bufferizone is expanded, where possible, in width equal to the width of the trail corridor, including disturbed areas. b. Wetland buffer zone required. On all public and private property which abuts a wetland, a wetland buffer zone must be preserved or established and maintained in accordance with the following requirements: Wetland protective natural buffer zone means the area between a line delineating the wetland edge and a line parallel to and upland one-half the distance of the required setback (from Natural Environmental Lakes: 75 feet; Recreational: 37.5 feet; General Development Lakes, unclassified water bodies or wetlands: 25 feet). For Brown's Creek or tributaries of Brown's Creek, the buffer zone is 100 feet from the middle of the creek. If a wetland is associated with the tributary, the required buffer area is 100 feet from the centerline of the tributary or creek or 25 feet beyond the edge of the wetland, whichever is greater. 2. The buffer zone must be maintained in its existing condition; however, invasive species as identified by the City must be removed under direction from the City. 3. Any buffer zone that is disturbed must be reestablished with natural planting approved by the City. 4. A silt fence must be installed and maintained protecting the buffer zone before construction begins and not removed until all land disturbing activities are complete and disturbed areas reestablished. 5. All subdivision applications must have wetland delineated and buffer zones marked and required wetland building setbacks mapped. 6. All plats must show the wetland edge as approved by the City; and the wetland protective Page 427 of 481 natural buffer zone. 7. The owner or occupant of any property abutting any wetlands may not conduct or permit any of the following activities within the wetland buffer zone; (i) Vegetation alteration, including moving or clear -cutting; (ii) Topographic alteration, including but not limited to grading, filing, excavation and extractions; (iii) Construction, placement or installation of any structure; (iv) Dumping or disposing of any material foreign to the natural state of the wetland. 8. Land disturbing activity that is proposed outside of any established wetland buffer zone which may impact the buffer zone or wetland, requires approval by the City Engineer before the activity begins. 9. The buffer zone must be placed in a conservation or open space easement or dedicated for conservation purposes. C. Wetland buffer zone identified. The wetland buffer zone must be identified by permanent markers, approved by the City; at each lot line, but in no case more than 300 feet apart. All markers must be correctly installed prior to final plat or subdivision a al. (Code 1998, § 31-402; Ord. No. 998, § 2, 10-7-2008) ^ :: Sec. 28-292. Central Business District Height Overlay Districts. (a) Purpose. The City Council finds that the Central Business District has been the core area of the City and its most identifiable resource. Since 1930 when Lowell Park was established through the generosity of Elmore Lowell and the cooperation of the federal WPA program, Lowell Park and the downtown have served as the gateway to the City. The Central Business District has become a desirable place to work, shop, live and enjoy cultural and recreational activities and it is therefore apparent that regulations be adopted that will preserve and enhance the essential character of the downtown and that structures be limited in height in order that structures close to the river not rise above the height of structures farther from the river. (b) Height standards. In addition to, and np�t in lieu of other official controls, all buildings and uses hereafter proposed for construction, whether oniisting vacant parcels or parcels being vacated because of the intentional demolition of an existing structure, are subject to the standards, regulations and provisions of the Central Business District Height Overlay Districts as contained in this section. (1) CBDR Central Business District Riverside. a. Freestanding building. The maximum height of a freestanding building in the CBDR Height Overlay District is 1.5 stories, but not to exceed 20 feet. Height is measured from the front street level. b. Infill building. For vacant lots immediately adjacent to ' an existing building: the height of the infill building is to be within ten percent (higher or lower) of the height of the adjacent building or buildings. If the infill building is between adjacent buildings, then the height of the infill building is to be within ten percent (higher or lower) of the average height of the adjacent buildings on both sides. (2) CBDP Central Business District Parkside. a. Freestanding building. The maximum height of a freestanding building in the CBDP Height Overlay District is 2.5 stories, but not to exceed 30 feet. Height is measured from the front street level. b. Infill building. For vacant lots immediately adjacent to 2 an existing building: the height of the infill building is to be within ten percent (higher or lower) of the height of the adjacent building or buildings. If the infill building is between adjacent buildings, then the height of the infill building is to be within ten percent (higher or lower) of the average height of the adjacent buildings on Page 428 of 481 both sides. (3) CBDH Central Business District Historic. a. Freestanding building. The maximum height of a freestanding building in the CBDH Height Overlay District is three stories, but not to exceed 37 feet. Height is measured from the front street level. b. Infill building. For vacant lots immediately adjacent to 3 an existing building: the height of the infill building is to be within ten percent (higher or lower) of the height of the adjacent building or buildings. If the infill building is between adjacent buildings, then the height of the infill building is to be within ten percent (higher or lower) of the average height of the adjacent buildings on both sides. (4) CBDB Central Business District Bluffside. a. Freestanding building. The maximum height of a freestanding building in the CBDB Height Overlay District is four stories, but not to exceed 45 feet. Height is measured from the front street level. b. Infill building. For vacant lots immediately adjacent to 4 an existing building: the height of the infill building is to be within ten percent (higher or lower) of the height of the adjacent building or buildings. If the infill building is between adjacent buildings, then the height of the infill building is to be within ten percent (higher or lower) of the average height of the adjacent buildings on both sides. (5) CBDBT Central Business District Blufftop. a. Freestanding building. The maximum height of a freestanding building in the CBDBT Height Overlay District is three stories, but not to exceed 35 feet. Height is measured from the front street level. ,,��// b. Infill building. For vacant lots immediately asJJacent to 5 an existing building: the height of the infill building is to be within ten percent (higher or lower) of the height of the adjacent building or buildings. If the infill building is between adjacent buildings, then the height of the infill building is to be within ten percent (higher or lower) of the average height of the adjacent buildings on both sides. I i� (c) General regulations. In all Central Business District Height Overlay Districts the following regulations will apply: (1) For flat roofed buildings, height will be measured from the lowest street curb level to the highest parapet wall of the proposed building. (2) For peaked roofed buildings, height will be measured from the lowest street curb level to the highest roof peak of the proposed building. (3) In areas within the flood plain as depicted on the FEMA Flood Insurance Rate Map, height will be measured starting from one foot above the regional flood elevation of the property. (4) All properties abutting on Main Street with frontage on more than one street must have height measurements taken from the Main Street side. (5) All properties along Third Street must have height measured from the Third Street side. (6) Buildings existing on April 18, 2006, will, for the purpose of this section, will be in lawful height conformance for purposes of improvements, repairs, remodeling, or refinancing. This provision will not apply to buildings that are intentionally demolished. ' For purposes of calculating the height of an infill building, the term "immediately adjacent to" is synonymous with "adjoining" and " does not include buildings that are on the opposite side of a street, alley, or open space of any kind. 2 For purposes of calculating the height of an infill building, the term "immediately adjacent to" does Page 429 of 481 not include buildings that are on the opposite side of a street, alley, or open space of any kind. 3 For purposes of calculating the height of an infill building, the term "immediately adjacent to" is synonymous with "adjoining" and does not include buildings that are on the opposite side of a street, alley, or open space of any kind. 4 For purposes of calculating the height of an infill building, the term "immediately adjacent to" does not include buildings that are on the opposite side of a street, alley, or open space of any kind. s For purposes of calculating the height of an infill building, the term "immediately adjacent to" does not include buildings that are on the opposite side of a street, alley, or open space of any kind. (Code 1998, § 31-403) Sec. 28-293. Downtown Design Review District. The Downtown Design Review Overlay District shall be regulated as follows: (1) Purpose. The Downtown Design Review Overlay District is established to conserve and enhance downtown Stillwater's appearance, preserve its historical and architectural assets, protect and encourage areas of existing or potential scenic value, and assist property owners. It promotes working together effectively when new construction, renovation, and restoration are proposed. The purpose of the regulations is to ensure that building alterations emphasize the design and materials of the original building and remove inconsistent materials and features, that new construction maintains the scale and character of existing buildings and that downtown pedestrian quality is maintained and enhanced. (2) District boundaries. This section shall apply to all lands within the jurisdiction of the City as shown on the Official Zoning Map and/or the attachments thereto as being located within the boundaries of the Downtown Design Review Overlay District. /`*w (3) Design permit required. A design permit is required for new construction and any alterations to existing structures/sites that have the potential to alter the architectural integrity of that structure/site. a. Heritage Preservation Commission review. Prior to the issuance of other applicable City permits and licenses, the Heritage Preservation JCommission shall review and approve or deny the issuance of a design permit for any of the following uses and development types: 1. Residential structures including single- and two-family dwellings. 2. Commercial, office, institutional, and industrial structures, including land not involving buildings (e.g., outside storage, loading, or utility areas). 3. Accessory structures and uses. 4. Any structure for which a variance has been requested. 5. All multitenant signs and sign plans. 6. Any projects where the applicant is a public agency over which the City exercises land use controls. 7. Parking lots of five or more spaces. 8. Any planned unit development or subdivision. 9. Any sign design denied by City staff. b. Administrative review. To expedite the review process, the following types of applications and plans for minor alterations may be approved by the Community Development Department when the work is in substantial conformance with the criteria identified herein. 1. Interior work affecting only the interior of a structure (such as plumbing, insulation, flooring, finishes, etc.). 2. Minor alterations in keeping with the integrity of the site and do not impact the overall architecture character including: Page 430 of 481 (i) Ordinary and routine maintenance not exceeding $10,000.00. (ii) Siding similar to the existing materials, finish and form. (iii) Replacement of windows with same form, including pane arrangement, materials and finish. (iv) Replacement of roofing materials. (v) Landscaping including fencing. (vi) Installation of garbage or recycling enclosures. (vii) Replacement of awnings. (4) Design standards. The following shall apply: a. Main Street setbacks. 1. Front yard setback. For infill lots fronting on Main Street, the front yard setback shall be zero. Exceptions are allowed if it is designed as an expansion of the public pedestrian environment and generally aligns with the setbacks of adjacent buildings. 2. Side yard setback. For lots fronting on Main Street, the side yard setbacks shall be zero. Exceptions are allowed if it is designed as a publi estrian way and generally aligns with adjacent street design and form. b. Facade transparency. 1 1. At street level, a minimum of 60 percent4�, stree facing facades shall be transparent; side and rear facades shall be 30 percent transparent. 2. Reflective glass, mirrored glass, and heavily tinted glass shall be prohibited. C. Prohibited building exterior materials. Build exteriors shall not utilize exposed or painted concrete masonry units. d. Lighting. 1. Lighting fixtures shall be concealed or integrated into the overall design of the site; 2. Light sources shall be hidden from direct pedestrian and motorist view; and 3. Unshielded wall pack light fixtures shall be prohibited. (5) Design guidelines. The City's review of any proposed new construction or alteration shall also be subject to any design guidelines specific to the Downtown Design Review District that have been officially adopted by the City Council. (Code 1998, § 31-404; Ord. No. 1150, § 5, 9-15-20; Ord. No. 1175, § 4, 11-9-21) Sec. 28-294. Neighborhood Conservation Overlay District. The Neighborhood Conservation Overlay District shall be regulated as follows: (1) Purpose. The Neighborhood Conservation Overlay District is established to protect and preserve the unique character of Stillwater's residential neighborhoods by regulating new infill development and partial demolition within the district. Its purpose is to conserve traditional neighborhood character, guide future infill and partial demolition development within the district, and discourage unnecessary demolition of structures that contribute to the district's historic character. It also preserves neighborhood pride, property values, a diverse and affordable range of homes, and the general economic vitality of the neighborhood. (2) District boundaries. This section shall apply 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 Neighborhood Conservation Overlay District. (3) Design permit required. A design permit is required for the following uses and development types: Page 431 of 481 a. The construction of a new dwelling on a vacant lot. b. The demolition of a pre-1946 building or structure that is of potential historic significance and demolition is: Greater than 20 percent of all external walls of a building or structure, measured based upon their total surface area, when such walls are visible from a street, public way or the St. Croix River except when removal is for the construction of a front porch; or 2. Greater than 30 percent of total exterior is demolished regardless of the visibility of such walls from a street, public way or the St. Croix River. (4) Design guidelines. The City's review of any proposed new construction or alteration shall also be subject to any design guidelines specific to the Neighborhood Conservation Overlay District that have been officially adopted by the City Council. (Code 1998, § 31-405; Ord. No. 1150, § 6, 9-15-20) Secs. 28-295--28-321. Reserved. ARTICLE V. PERFORMANCE STANDARDS DIVISION 1. RESIDENTIAL STANJPAkRDS Sec. 28-322. Home occupations. The regulations contained in this section are intended to control over any inconsistent regulations that might appear in this chapter. (1) Type I home occupations. W%Nk a. Type I home occupations are permitted uses in the RA, LR, TR, CR or RB zoning districts if the home occupation is in compliance with the following regulations: 1. No outside storage or display of products, equipment, or merchandise; 2. No in person retail sales; %MO J 3. No traffic that is greater th n t residential level of the neighborhood; 4. No separate business entrance; 5. No signs; 6. Not more than 15 percent of the total gross floor area of a dwelling unit or 300 square feet, whichever is less is devoted to home occupation use; 7. No activity or equipment may be used that creates noise, vibration, glare, fumes, odor, or electric or television interference is permitted if it is detectable by adjacent neighbors; 8. All Type I home occupations must be registered with the Community Development Director on a form provided by the City; and 9. Any Type I home occupation use that exceeds the standards set forth in this section requires a conditional use permit; and 10. No nonresident employees are permitted. b. Type I home occupations are allowed by conditional use permit in the CTR, CCR, CTHR and RCM zoning districts if the home occupation satisfies the general standards found in Section 28- 81 (Speeial tise pefmits and conditional use permits) and is in compliance with the following regulations: 1. No outside storage or display of products, equipment, or merchandise; 2. No in -person retail sales; 3. No traffic that is greater than the residential level of the neighborhood; Page 432 of 481 4. No separate business entrance; 5. No signs; 6. Not more than 15 percent of the total gross floor area of a dwelling unit or 300 square feet, whichever is less, is devoted to home occupation use; 7. No activity or equipment may be used that creates noise, vibration, glare, fumes, odor, or electric or television interference is permitted if it is detectable by adjacent neighbors; and 8. No nonresident employees are permitted. (2) Type II home occupations. a. Type II home occupations are allowed in the RA, LR, TR, CR, CTR, CCR, or CTHR zoning districts if a conditional use permit for the occupation is first obtained. b. The following regulations with regard to Type II home occupations must be observed and the regulations made a part of any conditional use permit issued for the occupation: 1. No outside storage or display of products, equipment or merchandise is permitted; 2. Any retail sales must be accessory or incidental to the primary residential use; 3. Infrequent hobby, craft or art sales are permittede per year for not more than six days per calendar year; 4. Customers must be scheduled by appointment; 5. Off-street parking must be provided for a'ny customers; 6. No signs are permitted; /"%k 7. Not more than 20 percent of the total gross floor area of the dwelling unit may be used for the home occupation or 400 square feet, whichever is less; 8. Business hours are limited to the period of 7:00 a.m. to 8:00 p.m.; 9. No nonresident employees are permitted; 10. No traffic that is greater than normal residential area within the neighborhood; and 11. Type II home occupations are subject to review upon complaints from the neighborhood. If in the opinion of the Community Development Director the complaints are substantial, a public hearing must be held at which time additional conditions may be added to this special use conditional ulKermit or, in the alternative, the Type II home occupation permit may be revoked. (3) TWe III home occupations. a. Type III home occupations are allowed only in the RB and CTHR zoning districts if a conditional use permit is first granted. b. Type III home occupation permits must observe the following conditions and the conditions must be made a part of any conditional use permit: 1. No outside storage or display of products, equipment, or merchandise is permitted; 2. Any retail sales must be accessory or incidental to the primary residential use; 3. Infrequent hobby, craft or art sales are permitted twice per year for not more than six days per calendar year; 4. Any sign must be unlighted and smaller than two square feet; 5. Customers are permitted by appointment only; 6. Not more than 20 percent of the total gross floor area of the dwelling unit may be used for the home occupation or 400 square feet, whichever is less; Page 433 of 481 7. No activity or equipment may be used that creates noise, vibration, glare, fumes, odor, or electric or television interference is permitted if it is detectable by adjacent neighbors; 8. Business hours are limited from 7:00 a.m. to 8:00 p.m.; 9. Off-street parking must be provided for customers; 10. No more traffic which is allowed other than in a normal residential area; 11. No more than one nonresident employee is allowed; and 12. Type III home occupations are subject to review upon complaints from the neighborhood. If in the opinion of the Community Development Director the complaints are substantial, a public hearing must be held at which time additional conditions may be added to this conditional use permit or, in the alternative, the Type III home occupation permit may be revoked. (Code 1998, § 31-500) Sec. 28-323. Accessory dwellings. (a) In TR districts. (1) Accessory dwellings are permitted in the TR districts subject to the following regulations: a. Lot size must be at least 10,000 square feet; b. May be located within or attached to the primary structure, or within an accessory structure (detached from the primary structure); C. Off-street parking requirements for an accessory unit and single-family residence must be provided: r 1. Four off-street parking spaces, three shall be enclosed; 2. All four spaces must be provided within fie setback boundaries of the property; d. A detached accessory dwelling must be located in the rear yard of the primary residence; e. Detached accessory dwelling units shall not have roof dormers that face the nearest residential lot side yard property line; ow f. Detached accessory structure will not result in the loss of significant trees or require major site alteration. (b) In CTR districts. 7 (1) An accessory dwelling unit is a specially permitted use in the CTR districts subject to the following regulations: a. Lot size on which an accessory dwelling is located must be at least 15,000 square feet; b. Accessory dwellings may be located within or attached to the primary structure, or within an accessory structure (detached from the primary structure); C. Off-street parking requirements for an accessory unit and a single-family residence must be provided. Four off-street parking spaces are required, and three must be enclosed. All four spaces must be provided within the setback boundaries of the property; d. A detached accessory dwelling must be located in the rear yard of the primary residence; e. Detached accessory dwelling units may not have roof dormers that face the nearest residential lot side yard property line; f. Detached accessory structure must not result in the loss of significant trees or require major site alteration; g. Only one detached accessory structure may be located on a residential lot. Page 434 of 481 h. Detached accessory uses may include one or more of the following: 1. Accessory dwelling unit; 2. Accessory dwelling and one enclosed structure parking space; 3. Home office; 4. Storage. i. Maximum size of a detached accessory structure is: 1. 500 square feet. One story use of loft area is allowed; or 2. 720 square feet (when grade level used as only garage, i.e., no garage attached to primary structure), 20 feet maximum building height. j. A detached accessory structure must abide by the following setbacks: 1. Side yard five feet. 2. Rear yard ten feet. k. An accessory use requires design review for consistency with the primary unit in design, detailing and materials. 1. Detached accessory structures may not have window opemn s facing the rear property line. in. Detached accessory structures located on corner lots must ha e the garage doors turned away from the side street. n. If there are two garages on site, at least one garage must not face the street or streets if a corner lot. (c) In RB districts. (1) An accessory dwelling unit is a specially use in the RB district subject to the following regulations: ■ a. Lot size must be at least 10,000 square feet; b. The accessory dwellirAit may be located on second floor above the garage; C. The accessory dwelling unit must abide by the primary structure setbacks for side and rear setbacks; d. The accessory dwelling unit must be located in the rear yard of the primary residence or be set back from the front of the lot beyond the midpoint of the primary residence; e. Off-street parking requirements for an apartment and single-family residence (four spaces) must be provided; f. Maximum size of the accessory dwelling unit is 800 square feet; g. The application requires design review for consistency with the primary unit in design, detailing and materials; h. The height may not exceed that of the primary residence; -and i. Both the primary and accessory dwelling unit must be connected to municipal sewer and water services and be located on an improved public street; and j. Maximum size of garage is 800 square feet. (Code 1998, § 31-501) Sec. 28-324. Duplex accessory dwelling units. In TR districts, duplex accessory dwelling units are permitted special uses in the TR district subject to the following requirements: Page 435 of 481 (1) Minimum lot size is 12,000 square feet. (2) Garages must be separated if street facing or on separate street fronts for corner lots. (3) The design of the duplex must appear as a single-family house. (4) The number of duplexes is limited by the PUD for the subject property. (5) Duplexes must be located at least 200 feet apart. (6) Design review is required for consistency with traditional neighborhood design guidelines. (7) Duplexes must meet the development standards for single-family structures. (8) Home offices are permitted accessory uses if located above a garage that is located in the rear yard. (Code 1998, § 31-502) Sec. 28-325. Accessory structures. (a) In TR districts. Accessory structures are subject to the following regulations: (1) One accessory structure may be located on a residential lot. (2) Uses may include one or more of the following: a. Accessory dwelling unit, 500 square feet maximum; b. Accessory dwelling and one enclosed structure parking space (720 square feet maximum); C. Home office; and/or d. Storage. (3) Maximum size of a detached accessory structure is: a. 004 square feet. One story use of loft area is allo d; or b. 720 square feet (when grade level used as only garage, i.e., no garage attached to primary structure), 20 feet maximum building height. (4) A detached accessory structu must abide by the following setbacks: a. Side yard, five feet. b. Rear yard, ten f (5) The application requires 'gn review for consistency with the primary unit in design, detailing and materials. (6) Detached accessory structures shall not have window openings facing the rear property line. (7) Detached accessory structures located on corner lots shall have the garage doors turned away from the side street. (8) If there are two garages on site, a minimum of one garage shall not face the street or streets if a corner lot. (b) In RB districts. Accessory buildings are subject to the following performance standards: (1) The maximum lot coverage of all accessory buildings including attached and detached private garages and other accessory buildings shall be 1,000 square feet or ten percent of the lot area, whichever is less. (2) The total ground coverage of the accessory buildings shall not exceed the ground coverage of the principal building. (3) No more than two accessory buildings, one private garage and one other accessory building, 120 square feet maximum, shall be located on a residential premises. 4 Please provide a number to be used here. Page 436 of 481 (4) An accessory building shall not be designed or used for human habitation, business or industrial accessory use. (Code 1998, § 31-503) Sec. 28-326. Bed and breakfast. (a) The City Council recognizes that bed and breakfasts are an asset to the community and help the preservation of historic homes because the expense of owning and maintaining historic homes has made them less suitable for single-family dwellings. Conversion of historic houses into multifamily uses is usually determined by the neighborhood where it is located. It is therefore the intention of the City to limit bed and breakfast uses to those homes where the use would benefit the surrounding area by allowing appropriate adaptive reuse of historic dwellings. Bed and breakfasts are permitted in the RCL district and allowed with a conditional use permit in RB and RCM zoning districts as regulated in this section, subject to the following conditions: (1) At least two off-street parking spaces must be provided on -site for the owner or manager and one parking space for each room bed and breakfast unit. The parking spaces must be signed and the Parking Plan approved by the Community Development Director. (2) The dining facilities must not be open to the public and must be used exclusively by the registered guests unless allowed as a separate permitted or special use. (3) Bed and breakfast uses in residential areas must be located e t 900 feet apart (approximately three blocks). (4) An identification sign not exceeding four square fee ay e 1 at on the site. The sign must match the architectural features of the structure. (5) Bed and breakfast establishments are prohibited in all other districts. (6) The bed and breakfast structure must be at least 100 years old or show proof of historic significance to the City. /• �F (7) The maximum of five bed and breakfast guestrooms may be established in a structure. The following lot and structure size criteria determines the number of guestrooms allowed: Max. Number Guestrooms Permitted Original Number of Bedrooms Max. Gross House Size, Not Including Basement, in Square Feet Min. Zoning Lot Size in Square Feet 1 71 2 Up to 2,499 7,500 2 3 2,500-2,999 10,000 3 4 3,000-3,499 10,000 4 5 3,500-4,999 15,000 5 6 5,000 up 20,000 Maximum gross house size is determined by using the total square footage of habitable living space within the structure. The number of original bedrooms in the structure will determine the number of guestrooms that will be allowed. This determination will be made by the Heritage Preservation Commission. In the case of a family with children, the family's bedroom use must be determined before the number of permitted guestrooms are determined, and no family member must be displaced for a guestroom. (8) Adequate lighting must be provided between the structure and parking areas for safety contiguous to residential structures. (9) Additional external lighting is prohibited. (10) An establishment must show proof of City building, fire and planning inspections, proof of operation licenses by the county and must submit the state sales and use tax number for their business to the Page 437 of 481 Community Development Department. (11) Restoration or additions must meet the Secretary of the Interior's standards for rehabilitation. (12) All bed and breakfast conditional use permits must be reviewed annually by the Community Development Department. A report must be submitted to the Planning Commission and City Council during November of each year. (Code 1998, § 31-504) Sec. 28-327. Miscellaneous residential performance standards. (a) Clear corners. On a corner lot in any residential district no fence, wall, hedge or other structure or planting more than 42 inches in height may be erected, placed or maintained within the triangular area formed by the intersecting street lines and a straight line adjoining the street lines at points which are 40 feet distant from the point of intersection, provided that this regulation does not apply to trees trimmed to a height of eight feet above the street grade level. (b) Landscaping and screening. (1) In the RCM zoning district, the following landscaping and screening requirements shall apply. a. All sites when fully developed shall be completely graded so as to adequately drain and dispose of all surface water, stormwater and groundwater in a manner as to preclude large scale erosion and unwanted ponding. 100 b. All sites when fully developed shall be landscaped acc rdi�' to a plan approved by the City Council. The landscaping plan shall specify tlfe size, type aYd location of all trees and shrubbery and the location of all sodded areas. C. Parking areas containing four or more aces w 'cNe e adjacent to or across the street from a residential district shall be screened t heigh of at least four feet by shrubbery, wood or masonry materials. "� (2) In the RCH zoning district, the following landscaping and screening requirements shall apply. i a. All sites when fully developed shall be completely graded so as to adequately drain and dispose of all surface water, stormwa er and groundwater in such a manner as to preclude large-scale erosion and unwanted ponding. b. All sites when -fully developed shall be landscaped according to a plan approved by the City Council. The landscaping plan shall specify the size, type and location of all trees and shrubbery and the location of all sodded areas. C. Parking areas containing four or more spaces which are adjacent to or across the street from a residential district shall be screened to a height of at least four feet by shrubbery, wood or masonry materials. (c) Garage sale signage. A temporary sign promoting a garage sale is permitted, provided that: (1) The sign does not exceed four square feet. (2) The sign is not more than three feet in height. (3) The sign is removed the same day when the sale closes for each day. (4) The sign is permitted by the owner of the property on which the sign is placed. (5) No more than two garage sales per year are held by any address in any calendar year with each sale lasting no longer than three days. (6) The sign may not be placed upon the right-of-way, parks or public property in a manner that creates a nuisance to adjacent owners, creates a safety hazard or blocks the view of entrances to streets or intersections. (Code 1998, § 31-505; Ord. No. 1162, § 4, 3-16-21) Page 438 of 481 Sec. 28-328. Condominium conversion regulations. (a) Purpose. The conversion of residential structures from one ownership to condominiums with multiple ownership interests create special community problems both social and economic; relocation of tenants; the application of current building and Zoning Code regulations for consumer -purchase protection; the need for open space and the impact of such conversion on the general character of the area of location, are representative of such special problems. The purpose of this section is to provide guidelines to evaluate the problems and impacts any residential conversion may have on the community, and to establish requirements which shall be included in conversion approval. (b) Special permit required. No residential condominiums conversion project shall be permitted in the City unless and until a conditional use permit has been applied for and issued pursuant to and in accordance with the provisions of this chapter. (c) Conditional use permit application. In addition to such other application requirements as required by this chapter, the application for condominium conversion shall include the following: (1) 12 copies of plans illustrating the following details shown to scale: a. Site plan showing the location of buildings, parking areas, circulation system, recreational facilities and open space areas. b. Floor plans of each type of construction and landscape plans. C. Location, size and numbering of parking spaces to be used in conjunction with each condominium unit for residents and guests. d. Number and kind of units within the rental dwelling or building including: 1. Approximate square footage of each unit in the rental dwelling or building; 2. Number of bedrooms in each such unit; 3. The amount of rent charged for each such unit during the previous six months; 4. Number of persons residin% each such unit, approximate age and length of occupancy; 5. Vacancy rate of the rental dwelling or building during the previous six-month period. (2) Other information as necessary to fully evaluate the project. (d) Review considerations. Use permits for condominium conversion projects may be approved subject to the following considerations: (1) Condominium conversion. Condominium conversion shall not be allowed unless the building to be converted complies in all respects with the requirements of the Uniform Building Code, Uniform Fire Code and City Housing Code. Condominium conversion premises must be inspected by the Building Inspector and certification of inspection prepared describing what improvements are necessary to bring the structure into compliance with City building codes. (2) Off-street parking. Compliance with off-street parking requirements as required by chapter parking requirements. Any special density bonuses or parking requirement approved by the City for low and moderate -income housing publicly assisted projects shall be reviewed. (3) Recreational open space. Recreational facilities shall be reviewed for adequacy for the use. (4) Project management. A project management plan for common areas including landscaping, parking lots or garages, common hallways and rooms shall be submitted for review. (5) Impact on rental housing supply. The effect of the conversion of the rental project on the rental housing market shall be considered, including impact on Stillwater Regional Fair Share of Rental Housing and Housing Need Studies prepared by the County Housing and Redevelopment Authority. (e) Reasons for denial. Determination that the project will adversely affect the public health, safety and welfare of the community based on the above considerations. Page 439 of 481 (f) Conditions of approval. Approval of a proposed condominium conversion shall be conditioned to secure purposes of this section. Such conditions may include: (1) All improvements that are necessary to comply with present City standards shall be required and completed prior to approval of the final condominium plat. (2) A copy of the covenants, conditions and restrictions shall be filed with the Community Development Director for review and approved before final plat approval. (3) All provisions of Minn. Stats. § 515A.4-110 515A 114, aapart of the Minneseta-Uniform Condominium Act, Minn. Stats. 515A.1-101 et seq., regarding notification of tenants of conversion shall be met. On date of giving notice of conversion to tenant as required by state statutes, the applicant shall send, by United States mail, written notice of conversion to City Community Development Director. (Code 1998, § 31-506) Sec. 28-329. Multifamily residential district bonus. A ten percent multifamily residential density bonus may be allowed for qualifying affordable housing projects as defined by State and federal regulations. At least 80 percent of the residential units shall meet the affordable housing standards as established by the Department of Housing and Urban Development for the City area. (Code 1998, § 31-507) Secs. 28-330--28-346. Reserved. DIVISION 2. RESIDENTIAL AND NONRESIDENTIA STANDARDS Sec. 28-347. Fence regulations. Fence regulations are as follows: (1) Purpose. The purpose of this section is to provid )rthe regulation of fences in the City, to prevent fences being erected that would be a hazard to +e public, or an unreasonable interference with the uses and enjoyment of neighboring property and are compatible with existing uses, other zoning restrictions and drainageways. 7N (2) Permit required. Unless exempted pursuant to Subsection (3) of this section, no fence shall be erected without first obtaining a fence permit. Application shall be made to the Community Development Director. The fee shall be established by resolution of the City Council. The Community Development Director is authorized to issue a fence permit if the application indicates that the fence will be in compliance with this section. The City Council shall hear and decide appeals when it is alleged that the Community Development Director was in error. The appeals shall be taken as prescribed in Section 28- 139. (3) Permit exemptions. The following activities and uses shall be exempt from obtaining a fence permit. a. Public park and school recreational fences, including backstops. b. Snow fences between November 1 and April 15. C. Fences used to secure active construction sites. d. Fences used for erosion control. e. Fences to enclose chicken coops/runs when a chicken keeping permit has been issued. f. Fence repair. (4) Permit duration and expiration. a. Fences must be approved within 180 days of permit issuance. b. Approved fence permits shall expire within 180 days of the permit issuance. (5) Standards. Fences may be permitted in all yards, subject to the following: Page 440 of 481 a. Design. 1. Fences in a Design Review Overlay District must comply with adopted guidelines. 2. The side of the fence considered to be the face (finished side as opposed to structural supports) shall face abutting property. b. Location. 1. Fences may be placed on the lot line provided that the footings are within the fence owner's property. 2. No fence shall be permitted on public rights -of -way without an encroachment agreement approved by the City Council. 3. No fence may be erected on either street side of a corner lot that will obstruct or impede the clear view of an intersection by approaching traffic, subject to the provisions of Section 28- 327(a) that would control where inconsistent with this provision. 4. No fence shall be erected where it will impede a drainageway or drainage easement. 5. No fence shall be erected before all lots within a drainage system or platted block have had the final grade established and approved and all lots within the system or platted block have had turf established with grass seed or sod. C. Height. Height shall be measured from ground grade to the top of the picket. The height of fences in all districts shall be subject to the following: 1. Residential. 46�1_ (i) Fences in excess of 72 inches above the ground grade are prohibited in residential districts. (ii) Fences are limited to a height of 48 inches in the front yard and exterior side yard setback areas. 2. Nonresidential. Fences in nnresideltial districts may be erected on the lot line to the height of 72 inches. Nonresidential heights may exceed the maximum allowable height only if: (i) It is accommodating a security arm for barbed wire, the maximum allowed height shall be 96 inches; (ii) It is used for screening required as part of an approved conditional use permit. 3. Residential and noAresidential. (i) Where public safety is a concern, a minimum of 36 inches tall fence or equivalent safety barrier shall be required on top of any retaining wall that is four feet in height of higher. This fence shall be measured from the ground grade of the public space. (ii) Tennis courts, basketball courts and other substantially similar recreational situations in residential zones may have a single fence no higher than ten feet. A. Recreational fences must be set back a minimum of ten feet from any property line. B. With the exception of public park and school property, recreational fences cannot be located in the front or exterior side yard. (6) Maintenance. Fences must be maintained to the following standards: a. All fences, walls and screening must be maintained and kept in good repair by the property owners. The property owner is responsible to repair or remove fences, walls or screening if it becomes unsightly or a hazard to the public. b. Missing boards, pickets or posts shall be replaced within 30 days with material of the same type and quality. Page 441 of 481 C. Fences and walls shall be installed and maintained in an upright condition. The ability to stand and remain upright must be supported entirely from the posts or support beams. d. Fences designed for painting or similar surface finishes shall be painted, stained or varnished to manufacturer's specifications. Metal fences must be preserved against rust. (7) Violations. Violations may result in an administrative citation pursuant to Chapter 2, Article VI, Division 2, abatement of the violation pursuant to Section 10-94, and a criminal citation pursuant to Section 2-204. (Code 1998, § 31-508; Ord. No. 1179, § 1, 2-1-2022) Sec. 28-348. Sign regulations. (a) Findings. As a historic community, the City is unique. The proper control of signs is of particular importance because of this historical quality and uniqueness. The City's zoning regulations have included the regulation of signs in an effort to provide adequate means of expression and to promote the economic viability of the business community, while protecting the City and its citizens from a proliferation of signs of a type, size, location and character that would adversely impact upon the aesthetics of the community and threaten the health, safety and welfare of the community. The regulation of the physical characteristics of signs within the City has had a positive impact on traffic safety and the appearance of the community. Further, the City finds: (1) Exterior signs have a substantial impact on the character and quality of the environment. (2) Signs provide an important medium through which individuals may convey a variety of messages. (3) Signs can create traffic hazards, aesthetic concerns and detriments to property values, thereby threatening the public health, safety and welfare. (b) Purpose. It is not the purpose or intent of this sign ordinance to regulate the message displayed on any sign; nor is it the purpose or intent of this section to regulate any building design or any display not defined as a sign, or any sign which cannot be viewed from outside a building. The purpose and intent of this section is to: (1) Regulate the number, location, size, type, illumination and other physical characteristics of signs within the City in order to promote the public health, safety, and welfare. (2) Maintain, enhance and improve the aesthelt environment of the City by preventing visual clutter that is harmful to the appearance of the community. (3) Improve the visual appearance of the City while providing for effective means of communication, consistent with constitutional guarantees and the City's goals of public safety and aesthetics. (4) Provide for fair and consistent enforcement of the sign regulations set forth herein under the zoning authority of the City. subd. 3. Sever -ability. if any seetion, > sefitenee, elatise, or- phrase of this sign or-dinanee is for- afly reason held to be invalid, sueh deeision shall not aff-eet the validity of the rtions of this-STO or-dinanee. The City Cotineil deelar-es that it wetild have adopted the sign or-difiane in seetion, subseetiet+, > , or phrases be deela-red invalid-. (c) Substitution clause. Signs containing noncommercial speech are permitted anywhere that signs containing commercial speech are permitted, subject to the same regulations applicable to such signs. Any sign containing commercial speech may substitute noncommercial speech; any sign containing noncommercial speech may substitute commercial speech or other noncommercial speech; any sign containing commercial speech may substitute other commercial speech. This substitution of speech may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech or favoring of any particular noncommercial message over any other noncommercial message. This provision prevails over any more specific provision to the contrary. (d) Permit required. (1) Unless exempted pursuant to Subsection (f) of this section, no person shall erect, alter, reconstruct, Page 442 of 481 maintain or move a sign in the City without first obtaining a permit from the City. The content of the sign shall not be reviewed or considered in determining whether to approve or deny a sign permit. An application for a permit may be obtained from the Community Development Director or designee. The application must be accompanied by the required fee and must contain the following information: a. Street address or location of the property on which the sign is to be located along with the name and signature of the owner of the building; b. Name, address and signature of the owner of the sign; C. Name, address and phone number of the sign installation contractor; d. The type of sign as defined in this section; e. A complete set of plans and scaled drawings showing the materials, design, dimensions, structural supports, method of attachment, internal and external lighting and electrical components of the sign; f. A site plan showing the location of the proposed sign with dimensions to all adjacent lot lines; g. An approved building sign plan, if there is more than one business or use in a building; h. Certification by applicant indicating the application complies with all requirements of the sign code. �� (2) The Community Development Director or designee shall approve or deny the sign permit within 60 days following receipt of the completed application, including applicable fee. A decision must be made in writing and must be mailed or electronically delivered to the applicant at the address or email address provided in the application. If the permit is denied, the reason must be stated in writing and describe the applicant's appeal rights under Section 28-139 End must be sent by certified mail to the applicant. (e) General provisions. (1) The following provisions apply to signs located �n all zoning districts: a. All signs must comply with any applicable design guidelines and neighborhood plans adopted by the City and must meet all the size, location and height standards as required in this section. b. Repairs. Any sign located which may now be or become out of order, rotten or unsafe, and every sign which shall reafter be erected, altered, resurfaced, reconstructed or moved contrary to the provisions in this section, shall be removed or otherwise properly secured in accordance with the terms of this section by the property owners, business owners or by the owners of the grounds on which the sign stands, upon receipt of proper notice to do so, given by the Community Development Director or designee. No rotten or other unsafe sign shall be repaired or rebuilt except in accordance with the provisions of this section and upon a permit issued by the Community Development Director or designee. C. Electrical signs. Electrical signs must be installed in accordance with the current State Electrical Code. d. Placement. 1. No sign or sign structure may be erected or maintained if it prevents free ingress or egress from any door, window or fire escape. No sign may be attached to a standpipe or fire escape. 2. A sign must not be erected, positioned, or maintained so as to obstruct the architectural features of a building. 3. All signs must be compatible with the building and neighborhood where located, including any approved building sign plan. e. Temporary signs. The use of banners, pennants and similar devices for commercial, industrial and institutional uses shall be subject to the following provisions: Page 443 of 481 1. Temporary signs shall require a permit that shall be valid for no more than 30 days. 2. Not more than one temporary sign shall be displayed upon a property at any one time. 3. Not more than three temporary sign permits, or up to three temporary signs for a total of not more than 90 days, shall be issued during any calendar year. 4. The size of a temporary sign shall not exceed the maximum size allowed for a similar type of permanent sign allowed on the property. 5. Freestanding or movable temporary signs shall adhere to any setbacks required for similar permanent signage on the property. 6. The temporary sign shall be in harmony, as determined by the Community Development Director or designee, with the surrounding properties and the neighborhood in which it will be displayed. 7. Notwithstanding the foregoing, temporary signs that do not conform to the requirements of this section may be approved by the City Council as part of an event permit; however, all temporary signs must be removed within two days after the event. f. Maintenance. All signs must be maintained in a safe, presentable and good structural condition at all times, including the replacement of defective parts, cleaning and other items required for maintenance of the sign. Vegetation around, in front of,' behind, and underneath the base of ground signs for a distance of ten feet must be neatly trimmed and free of weeds. Rubbish or debris under or near the sign must be removed. g. Signs on public property or right-of-way. /24V 1. Except for public signs, signs approved by the City Council pursuant to an event permit, and signs allowed by encroachment agreement, no signs may be erected or temporarily placed within any right-of-way, upon public lands or easements without approval from the Community Development Director or designee. 2. The City may at any time and without notice remove signs which have been installed on public property or within public right-of-way or easement without approval. The sign owner may retrieve the signs: from a designated impound area at the City within 15 days from the date of removal. After 15 days the City will dispose of the sign. The City shall not be liable for any damage to removed signs. 3. The City may grant a permit to locate temporary signs or decorations on, over or within the right-of-way. h. Flags. Noncommercial flags may be displayed in accordance with State and federal law. No more than three noncommercial flags may be displayed outside of a building. i. Historic sign. The requirements of size, location and height in this section may be waived by the City Council if the sign is a historic resource or if the sign is a reproduction of a historic sign. j. Graphic design signs. Graphic design signs require a conditional use permit. k. TWes of signs allowed. Table 1 identifies where various types of signs are allowed and whether the sign is required to have a permit: Table 1 Sign Type Notes Res. Districts CA CeBuDS VC BP- C BP- O BP- I CRD PA PWFD PROS Per the City's request to use "CBD" only when the term relates to cannabis, we used this abbreviation "CeBuY for tables related to the zoning district. Otherwise, references to the business district are spelled out. Page 444 of 481 Public sign See Sec. 28-348 1 A A A A A A A A A A A Integral sin See Sec. 28-348 1 A A A A A A A A A A A Political and Size limit: 6 sf, 4 ft A A N N N N N N N N N related tall; see Sec. 28- noncommercial 348(f) l .b signs Political and 35 sf size limit; see N N A A A A A A A A A related Sec. 28-348(f)2.b noncommercial signs Political sign During exemption A A A A A A A A A A A period; see Sec. 28- 348 2.a Holiday sign Not exceeding 60 days A A A A A A A A A A A Construction sign See Sec. 28-348 3 A A A A A A A A A A A Real estate sin See Sec. 28-348 4 A A A A A A A A A A A Nameplate sign: 2 sf, see Sec. 28- A A A A A A A A A A A 1-5 Unit Bldg. 348 5 Nameplate sign: > 6 sf, see Sec. 28- A A A A A A A A A A 6 Unit Bldg. 348 5 Real estate See Sec. 28-348(f)4.c A A A A A A A A A A A development project sign Window sin See Sec. 28-348 6 A A A A A A A A A A A Garage sale sign See Sec. 28-327 c A N N N N N N N N N N Temporary real See Sec. 28-348(f)4.b A A A A A A A A A A A estate open house sign Wall sign See Sec. 28-348(h)l.b; <N P P P P P P P P P P (h)2.b; (h)3.b; (h)4.c; _ h 5.b Roof sign See Sec. 28-348 8 N N N N N N N N N N N Freestanding sign See Sec. 28-348(h)l.c; N P P P P P P P P P P (h)2.c; (h)3.c; (h)4.d; h 5.c Billboard See Sec. 28-348 5 N N N N N N N N N N N Awning or canopy See Sec. 28-348(h)l.d; N P P P P P P N N N N sin h 2.d; h 4.e Projecting sign See Sec. 28-348(h)l.f, N P P P N N N N N N N h 4. Three-dimensional See Sec. 28-348(h)l.e N P P N N N N N N N N sign Marquee sign See Sec. 28-348(h)2.e; N N N N P P P N N N N h 4.e Multitenant master See Sec. 28-348(h)2.e; N N N P P P P N N N N sin h 4.f Directory sign See Sec. 28-348 i N N N N P P P P P N N Institutional sin See Sec. 28-348 k P N N N N N N N P P P A = Allowed without permit P = Permit required Page 445 of 481 N = Not allowed (f) Exemptions. The following signs shall not require a permit and are allowed in every zoning district. These exemptions, however, shall not be construed as relieving the owner of the sign from the responsibility of its erection, maintenance and compliance with the other provisions of this section or any other law or ordinance regulating the same. (1) Public signs and integral signs. (2) Noncommercial signs. a. In any general election year, all noncommercial signs are exempt from regulation and may be posted in any size or in any number beginning 46 days before the state primary in a state general election year until ten days following the general election and 13 weeks prior to any special election until ten days following the special election. b. A noncommercial sign outside the exemption period outlined in Subsection (f)2.a of this section is regulated as follows: 1. Residential and CA districts: The maximum sign size is six square feet in area with a maximum height of four feet. Al 2. All other districts: The maximum size is 35 square fef ea. (3) Construction signs. A construction sign must be confined to the construction site and must be removed within two years of the date of issuance of the first building permit or upon completion of the project, whichever occurs first. One construction sign is permitted for each street the project abuts. No sign may exceed 32 square feet in multifamily residential, commercial and industrial districts and 12 square feet in single-family residential districts. (4) Real estate signs. a. A real estate sign is limited to up to six s are feet in residential districts and up to 32 square feet in commercial districts. A real estate sig must be removed within ten days after sale or rental of property. 'dr, I b. Temporary real estate open house signs, provided that: 1. The sign is not placed in a manner that creates a nuisance to adjacent owners, does not create a safety hazard or block the view of entrances to streets or intersections. 2. The sign is playd one-half hour before the open house and is removed each day immediately after the open house closes. 3. A maximum of four signs in a residential zoning district are allowed for each open house and are limited to a four -block radius of the open house. 4. The sign must not exceed six square feet. C. Real estate development project sign. For a development project of up to 25 acres, one sign not to exceed 100 square feet of sign surface may be erected on the project site. For projects of 26 to 50 acres, one or two signs not to exceed 200 aggregated square feet of sign surface may be erected. For projects over 50 acres, up to three signs not to exceed 300 aggregate square feet of sign surface may be erected. No dimension shall exceed 25 feet exclusive of supporting structures. The sign may not remain after 95 percent of the project is developed. The sign must be bordered with a decorative material compatible with the surrounding area. If the signs are lit, they must be illuminated only during those hours when business is in operation or when the model homes or other development are open for conducting business. (5) Nameplate sign. a. A nameplate sign must be placed on a wall of the structure not exceeding two square feet in area per structure. A nameplate sign shall not be constructed as to have more than two surfaces. Page 446 of 481 b. A single nameplate sign must be placed on a wall of the structure for each dwelling group of six or more units. The nameplate sign may not exceed six square feet in area per surface and may not be constructed as to have more than two surfaces. (6) Window sign. A window sign, which cannot cover more than one-third of the total area of the window in which the sign is displayed. (7) Garage and rummage sale signs, provided they comply with Section 28-327(c). (g) Prohibited signs. The following signs are prohibited in all zoning districts: (1) Abandoned signs. (2) Any sign, signal, marking or device which purports to be or is an imitation of or resembles any official traffic control device or railroad sign or signal, or emergency vehicle signs, or which attempts to direct movement of traffic or which hides from view or interferes with the effectiveness of any official traffic control device or any railroad sign or signal. (3) Any sign that obstructs the vision of drivers or pedestrians or detracts from the visibility of any official traffic control device. (4) Off -premises commercial signs. (5) Billboard signs. (6) Any sign that moves or rotates, except barber poles. _ (7) Signs that display any moving parts, are illuminated with any flashing or intermittent lights or are animated. All displays must be shielded to prevent any light from impairing the vision of any driver. No device may be illuminated to obscure an official traffic sign or signal, including indoor signs which are visible from public streets. (8) Roof signs. #010 ✓✓✓✓(9) Any sign with banners, pennants, ribbons, streamers, string or light bulbs, spinners or similar devices, except where used for noncommercial purposes or as part of an approved sign application. (10) Portable signs including signs with wheels removed, attached temporarily or permanently to the ground. (11) Signs mounted on a vehicle for promotional purposes, parked and visible from the public right-of-way, except signs identifying the related business when the vehicle is being used on the normal day-to-day operations of that business. r (12) Signs painted, attached or in any other manner affixed to trees, rocks, or similar natural surfaces, directly on building walls, or attached to public utility poles, telephone cables or wires, bridges, towers, or similar public structures or the supports thereof. (13) Illuminated signs or spotlights giving off an intermittent or rotating beam. (14) Revolving beacons, beamed lights or similar devices. (15) Hot air, gas filled or inflated objects used for commercial speech. (16) Signs supported by guy wires. (17) Signs in a state of disrepair. (h) Specific regulations by zoning district. In addition to the signs allowed in Subsection (f) of this section, the following signs shall be allowed within the specific zoning districts: (1) Central Business, General Commercial, and Neighborhood Commercial Districts. All signs in the Central Business, CA General Commercial, and NC Neighborhood Commercial Districts are subject to the following requirements: a. General regulations. In addition to the signs allowed without a permit pursuant to Subsection (g) of this section, Page 447 of 481 only one wall, monument, awning, canopy or three-dimensional sign is allowed per business within the CA General Commercial District. When a building or business abuts two or more public streets and/or public alleys, one sign is allowed on each street building face. 2. In addition to the signs allowed without a permit pursuant to Subsection (g) of this section, two signs are allowed per business within the Central Business District. The two allowed signs must be one wall sign and either a three-dimensional sign or a projecting sign. 3. All signs shall adhere to the following design standards: (i) Use simple sign shapes to complement the architecture of the building. (ii) Signs shall not obscure architectural features of buildings, including window or door openings. (iii) Sign shall be used to display the primary name of the business only. (iv) Use only one line of lettering, if possible. (v) Only one sign containing the business name or graphic logo shall be permitted per street -facing side. Projecting signs are allowed in addition to the one sign allowed facing the street. Use simple, bold lettering with sufficient contrast between the lettering and the background. (vi) Sign lighting. A. Indirect incandescent lighting shall bj�permitte . B. Place spotlights discreetly to shield from pe estrians and vehicular traffic. C. Neon lights are only permitted as interior window signs. D. In the Central Business District,11 signs shall adhere to the following design standards: a. All signs ust mee he downtown design guidelines for signs. b. May*o�be fi or internally lit. C. May not contain changeable or movable letter or graphics. b. Wall signs. Wall signs sha�mee the following requirements: 1. The total building sign�ge may have an aggregate area not exceeding one square foot for each foot of building face parallel or substantially parallel to a street lot line. 2. It must not project more than 12 inches from the wall to which the sign is affixed. It must not project higher than the parapet or eave line of the wall to which the sign is affixed or 15 feet as measured from the base of the building wall to which the sign is affixed, whichever is less. 4. Where a principal building is devoted to two or more permitted uses, the operator of each use may install a wall sign for its use consistent with a building sign plan approved by the City. The total gross signage for the entire building may not exceed one square foot for each foot of the building face parallel, or substantially parallel, to a street lot line with a maximum of 25 square feet per business. 5. All signs shall adhere to the following design standards: (i) In the Central Business District, signs shall generally be constructed of the traditional materials used during the primary development period of downtown buildings. If modern materials, such as acrylic, vinyl, or plastic, are used for signs, they shall be painted and simulate the texture and depth of traditional downtown sign materials, such as wood and metal. (ii) In the Central Business District, three-dimensional letters/symbols, with at least one- Page 448 of 481 quarter inch depth or reveal, are required unless an approved sign plan permits otherwise. (iii) If a signboard area exists on the building facade, a wall sign shall fit within this space and not extend above, below, or beyond the edges of the signboard area. (iv) In the Central Business and NC Neighborhood Commercial Districts, no part of any sign shall be placed higher than the height of the sills of the second story windows of a multi -story building. (v) Wall signs may not be directly painted onto historic masonry or stone. C. Multi -tenant wall signs. 1. Design the sign plan to emphasize the whole width and geometry of the building and individual storefronts and tenant spaces. 2. Placement of individual tenant signs shall be coordinated to achieve a unified signage appearance in sign heights, widths, depths, coloring and lettering sizing. 3. Signs shall use a common lettering style and color scheme. 4. A sign shall not span across different buildings. d. Freestanding signs. Freestanding signs shall meet the follo*ing requirements: 1. For all freestanding signs. (i) Placement of individual tenant signs shall�6e co mated to achieve a unified signage appearance in size heights, widths, depths, coloring and letter sizing. (ii) The area around a monument or freestanding sign must be landscaped. (iii) Externally illuminated I s are allowed, but no internally illuminated signs are allowed. ■ (iv) Pedestrian and vehicular sight lines must not be blocked. 2. In the CA General Commercial District. (i) The area oea monument or freestanding sign may not exceed 30 square feet. (ii) A monument or freestanding sign may be located in any required yard but must have a setback of 15 feet from any point of vehicular access, public roadway and property line. (iii) A monument or freestanding sign may not project higher than six feet, as measured from the base of the sign or grade of the nearest roadway, whichever height is less. 3. In the Central Business and NC Neighborhood Commercial District. (i) The area of a monument or freestanding sign may not exceed 15 square feet. (ii) A monument or freestanding sign may be located in a required yard but must be pedestrian in scale and does not block architecture features, including window and door openings. (iii) A monument or freestanding sign may not project higher than five feet, as measured from the base of the sign or grade of the nearest roadway, whichever height is less. (iv) Signs shall use a common lettering style and color scheme. e. Awning or canopy signs. Awning or canopy signs shall meet the following requirements: 1. The gross surface area of an awning or canopy sign may not exceed 50 percent of the gross surface area of the smallest face of the awning or canopy to which the sign is affixed. 2. An awning or canopy sign may not project higher than the top of the awning or canopy or below the awning or canopy. Page 449 of 481 3. Signage on awnings is permitted on the end panel or front valance only. Use lettering proportional to the space available. f. Three-dimensional signs. The total area of a three-dimensional sign is determined by enclosing the largest cross section of the sign in an easily recognized geometric shape and computing its area, which may not exceed nine square feet. g. Projecting sign. A projecting sign shall meet the following requirements: 1. The total area of a projecting sign may not exceed six square feet. 2. It must be easily visible from the sidewalk and not be a hazard to pedestrians. 3. If lighted, the sign must be externally illuminated. 4. The bottom of the sign and bracket must be at least eight feet above sidewalk grade. 5. Projecting signs shall generally be oriented to visibility by pedestrians and small in size so that they do not obscure other signs. 6. No part of any sign shall be placed higher than the height of the sills of the second story windows of a multi -story building. 7. The mounting bracket for a projecting sign shall be a black metal material and designed as a decorative element of the sign that is complementary of the building's architectural style. h. Graphic design sign. Graphic design signs may only be placed on non-contributing buildings, portions of contributing buildings where historic brick or masonry does not exist, or on portions of structures outside of a historic district where historic brick or masonry does not exist. (2) Business Park and Highway Mixed Use Districts. All signs in the BP-O, BP-C, BP -I, HMU and CMU districts are subject to the following requirements: a. General regulations. In addition to the signs allowed without a permit pursuant to Subsection (g) of this section, a property may have one freestanding sign, one wall sign per business, and as many awning, canopy, marque, multitenant master signs as provided in Subsection (i)2.e of this section. b. Wall signs. Wall signs shall meet the following requirements: 1. The gross surface area of a wall sign may not exceed one square foot for each foot of building, parallel or substantially parallel to the front lot line. 2. It must be located on the outermost wall of any principal building but may not project more than 12 inches from the wall to which the sign is affixed. 3. It must not project higher than the parapet line of the wall to which the sign is affixed or 20 feet as measured from the base of the building wall to which the sign is affixed, whichever height is less. 4. Where a principal building is devoted to two or more uses, the operator of each use may install a wall sign for its use consistent with a building sign plan approved by the City. The total gross signage for the entire building shall not exceed one square foot for each foot of building face parallel, or substantially parallel, to a street lot line or a minimum of 25 square feet per business, whichever is more. 5. Only one wall sign per building face is allowed. C. Freestanding signs. Freestanding signs shall meet the following requirements: 1. The gross surface area of a freestanding sign may not exceed 100 square feet for each exposed face nor exceed an aggregate gross surface area of 200 square feet. 2. A freestanding sign must be set back 15 feet from the front or side property line. 3. Along State Highway 36, freestanding signs may not project higher than 25 feet. Along Page 450 of 481 County Road 5 from Highway 36 to Croixwood Boulevard and South Greely from Orleans to Highway 36, freestanding signs may not project higher than 20 feet. In all other locations, a freestanding sign may not project higher than six feet. Signs shall be measured from the base of the sign or grade of the nearest adjacent roadway, whichever height is less. 4. There may be one freestanding sign per development site. d. Awning, canopy or marquee signs. Awning, canopy or marquee signs shall meet the following requirements: 1. The gross surface area of an awning, canopy or marquee sign may not exceed 50 percent of the gross surface area of the awning, canopy or marquee to which the sign is affixed. 2. A sign may be affixed to or located upon any awning or marquee. 3. An awning, canopy or marquee sign may not project higher than the top of the awning or marquee to which the sign is affixed. e. Multitenant master sign. Each multitenant or multi -use building is permitted one building master identification sign which meets the following requirements: 1. If the multitenant commercial building has a floor area of 40,000 square feet or less, the building may have a freestanding sign with a maximum of one square foot for each five feet of building frontage or 40 square feet maximum with a maximum height of eight feet. 2. If the multitenant commercial building has a floor area g ater than 40,000 square feet, but less than 100,000 square feet, the entry ma�'hav in identification sign with a maximum of 75 square feet on each sidand with a maximum height of 20 feet. 3. If the multitenant commercial building has a floor area greater than 100,000 square feet, the building may have a master identification sign with a maximum of 120 square feet on each side and with a maximum height of 25 feed (3) PA, PROS and PWFD districts. Al signs in the PA, PROS and PWFD districts are subject to the following requirements: a. Additionally. In addition to the sign owed without a permit pursuant to Subsection (g) of this section, one freestanding sign and one wall mounted sign are allowed for each facility. b. Wall signs. Wall signs shall meet the following requirements: 1. The gross surface area of a wall sign may not exceed one square foot for each foot of building, parallel or substantially parallel to the front lot line. 2. It must not project higher than the parapet or eave line of the wall to which the sign is affixed. C. Freestanding signs. Freestanding signs shall meet the following requirements: 1. The gross surface area of any side of a freestanding sign must not exceed 120 square feet. 2. It must be set back 15 feet from the front or side property line. Along State Highway 36, freestanding signs must not project higher than 25 feet. In all other locations, a freestanding sign must not project higher than 20 feet. Signs shall be measured from base of the sign or grade of the nearest adjacent roadway, whichever height is less. (4) VC Village Commercial District. All signs in the VC Village Commercial District are subject to the following requirements: a. Additionally. In addition to the signs allowed without a permit pursuant to Subsection (g) of this section, one other sign is allowed per business. It may be a wall, monument, awning or canopy sign. When a building or business abuts two or more public streets, one sign is allowed on each street building face. b. Design guidelines. All signs in the VC Village Commercial District must meet the approved Page 451 of 481 Liberty Village design guidelines for signage. C. Wall signs. Wall signs must meet the following requirements: 1. The gross surface area of a wall sign shall not exceed one square foot for each foot of building, parallel or substantially parallel to the front lot line. 2. It must be located on the outermost wall of any principal building but may not project more than 12 inches from the wall to which the sign is affixed. The location and arrangement of all wall signs is subject to the review and approval of the Community Development Director or designee. 3. It must not project higher than the parapet line of the wall to which the sign is affixed or 20 feet as measured from the base of the building wall to which the sign is affixed, whichever height is less. 4. Where a principal building is devoted to two or more uses, the operator of each use may install a wall sign upon each share of the building. The signs are subject to the following restrictions: (i) All signs must be visually consistent in location, design and scale. (ii) The total gross signage for the entire building shall not exceed one square foot for each foot of building face parallel, or substantially parallel, to a street lot line or a minimum of 25 square feet per business, whichever is more. k d. Freestanding signs. Freestanding signs shall meet the following requirements: 1. The gross surface area of a freestanding sign may not exceed 100 square feet for each exposed face nor exceed an aggregate gross surface area of 200 square feet. 2. A freestanding sign must be set back 15 feet from the front or side property line. 3. It shall not be higher than 10 feet measured from the base of the sign or grade of the nearest adjacent roadway, whichefer height is less. 4. There may be one freestanding sign per development site. e. Awning or marquee signs. Awning or marquee signs shall meet the following requirements: 1. The gross surface area of an awning or marquee sign must not exceed 50 percent of the gross surface area of the awning, canopy or marquee to which the sign is affixed. 2. A sign may be affixed to or located upon any awning or marquee. 3. An awning or canopy sign may not project higher than the top of the awning or marquee to which the sign is affixed. f. Multitenant master sign. Each multitenant or multi -use building is permitted one building master identification sign which meets the following requirements: 1. Building master identification signs must not contain the names of any tenants or occupants of the center. 2. The multitenant commercial building may have a freestanding sign with a maximum of one square foot of sign for each five feet of building frontage or 40 square feet maximum with a maximum height of eight feet. g. Projecting sign. A projecting sign shall meet the following requirements: 1. The total area of a projecting sign must not exceed six square feet. 2. It must be easily visible from the sidewalk and not be a hazard to pedestrians. 3. If lighted, projecting signs must be externally illuminated. h. Total allowable sign area. The total aggregate sign area allowed on a property for all signs permitted in Subsection (h)(4)d through g of this section shall be as follows: Page 452 of 481 1. A minimum of 100 square feet; and at a rate of one square foot of signage for each lineal foot of the building wall facing a public street, up to a maximum of 300 square feet. 2. When a building faces two or more public streets, the building wall area shall be determined by adding the wall area of each building wall that faces a public street and dividing by the number of public streets the building faces. (5) CRD Campus Research and Development Districts. All signs in the CRD Campus Research and Development Districts are subject to the following requirements: a. Additionally. In addition to the signs allowed without a permit pursuant to Subsection (g) of this section, one freestanding sign and one wall mounted sign are allowed for each facility. However, if the facility is large or consists of several buildings, additional signs may be allowed with a conditional use permit. b. Wall signs. Wall signs shall meet the following requirements: The gross surface area of a wall sign must not exceed one square foot for each foot of building, parallel or substantially parallel to the front lot line. 2. It must not project higher than the parapet or eave line of the wall to which the sign is affixed. C. Freestanding signs. Freestanding signs shall meet the follin requirements: 1. The gross surface area of any side of a freestandin ign st not exceed 120 square feet. 2. It must be set back 15 feet from the front or side prope line. 3. Along State Highway 36, freestanding signs must not project higher than 25 feet. In all other locations, a freestanding sign may not project higher than 20 feet. Signs shall be measured from base of the sign or grade of the nearest adjacent roadway, whichever height is less. (i) Directory signs. Directory signs are used to guide pedestrians to individual businesses within a multitenant commercial area and are permitted in BP, PA and CRD districts. The sign area used in directory signs shall not be calculated against the total allowable sign area. Directory signs in the permitted zoning districts shall meet the following requirements: L I (1) It must be placed on the site of the development and may be erected only in internal pedestrian access areas and not in vehicle access areas. (2) It must have a maximum area of one square foot for each business listed on the sign and four square feet for the name of the building or complex. (3) It may be freestanding but must not exceed 6 1/2 half feet in height. (4) It must only be used for directions and identification. 0) Nonconforming signs. It is recognized that signs exist within the zoning districts which were lawful before this section was enacted, which would be prohibited, regulated or restricted under the terms of this section or future amendments. It is the intent of this section that nonconforming signs shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other signs or uses prohibited elsewhere in the same district. It is further the intent of this section to permit legal nonconforming signs existing on the effective date of this section, or amendments thereto, to continue as legal nonconforming signs provided such signs are safe, are maintained so as not to be unsightly, and have not been abandoned or removed subject to the following provisions: (1) No sign shall be enlarged or altered in a way which increases its nonconformity. (2) Should such sign or sign structure be destroyed by any means to an extent greater than 50 percent of its replacement cost and no building permit has been applied for the sign within 180 days of when the property was damaged, it shall not be reconstructed except in conformity with the provisions of this section. (3) Should such sign or sign structure be moved for any reason for any distance whatsoever, it shall Page 453 of 481 thereafter conform to the regulations for the zoning district in which it is located after it is moved. (k) Institutional signs. An institutional sign may be either wall mounted or freestanding. The maximum size of the sign is 32 square feet and is subject to the following: (1) In residential zoning districts only non -electronic message centers are allowed as part of an institutional sign. (2) In the PA and PROS Zoning Districts a non -electronic message center is allowed as part of an institutional sign. (1) Violations. (1) All signs for which a permit is required shall be subject to inspection by the Community Development Director or designee. (2) The City may require the removal or repair, at the owner's expense, of any sign if the requirements of this section are not met. (3) Upon receipt of a notice of violation, the record owner of the property on which the sign or sign structure is located shall take corrective action. If the property owner fails to comply with the corrections outlined in the written notice, the City may initiate any lawful action or proceeding to prevent, restrain, correct or abate the violation. (Code 1998, § 31-509; Ord. No. 1002, § 1, 12-16-2008; Ord. No. 1081, § 7, 7-21 5; Ord. No. 1162, § 3, 3-16-21; Ord. No. 1175, § 6, 11-9-21) Sec. 28-349.Off-street parking and loading. Off-street parking and loading shall be regulated as?ffo Vs:� (1) Off-street parking. a. Purpose. The purpose of the regulations contained in this section is to reduce street congestion and traffic hazards in the City and to add to the safety and convenience of its citizens, by incorporating adequate, attractively designed, and functional facilities for off-street parking as an integral part of every use of land in the.C,..ity. b. General provisions. At the time any building or structure is constructed or erected or modified, there shall be provided, on the same site, for the use of occupants, guests, clients, customers or visitors thereof, off-street parking spaces for vehicles in accordance with the requirements in this section. C. Number of parking 'spa Ps required. Where the computation or required parking spaces produces a fractional result, fractions of one-half or greater shall require one full parking space. Art galleries One for each 500 square feet of floor area Automobile boat or machinery sales (office and service bay areas shall provide parking at those rates One for each 1,000 square feet of floor area Banks One for each 200 square feet of floor area Bed and breakfast One per guestroom, two for manager Beauty parlors Threes aces per chair Billiard parlors Twos aces per table Boardinghomes for the aged One for each five beds, plus two for each employee on the shift with maximum personnel Bowling alleys Six for each lane Page 454 of 481 Business and professional offices One for each 300 square feet of floor area excluding medical and dental offices Children's homes One for each five beds, plus one for each employee Churches One for each three seats in the main sanctuary Convenience stores Five per 1,000 square feet of gross floor area Dancehalls and assembly halls One for each three persons of design occupancy without fixed seats, exhibition halls load Day care centers One space per eight children, plus one space per staff person Drive-in food establishments One for each 100 square feet of gross floor area with drive -through facility add ten stacking spaces for drive-in window, with a minimum of five spaces designated for the ordering station Family daycare and foster family One for every five guests, lus one for each employee on homes the shift with the maximumnNumber of personnel Funeral homes, mortuaries One for each five seats of the ag�egate number of seats provided in all assemblyrooms Furniture and appliance stores One for each 400 square feet of sales floor area Health clubs Onespa e er 100 s uare feet of gross floor area Hospitals One for each two beds plus one for each employee on the shift with the maximum number of personnel Hotels, motels One for each unit, plus one for the resident owner or manage plus one-half of required parking for related activities such as restaurants, lounges and retail shops) Institutions for the aged — WK One for every five guests Manufacturing plants, research or One for each 325 square feet of floor area or one for each testing laboratories, bottling plants, employee, whichever is greater furniture repairs Marinas One space per three slips and additional parking for launch ramps and dry storage Medical and dental clinics and One for each 200 square feet of gross floor area; but need offices not exceed an average of fives aces per practitioner Medical (or convalescent) One for each five beds, plus one for each employee on hospitals the shift with the maximum number of personnel Nursing homes One for every five guests, plus one for resident manager, plus one for each employee on the shift with the maximum number of personnel Private clubs Parking s aces equal to the uses that take place Residential uses: Single-family/duplex, townhouses Twos aces per dwelling unit of which one is covered Multifamily, apartments 1.5 per unit; with one covered, plus one space per three units for est parking Page 455 of 481 Restaurants, bars or nightclubs; One for each 120 square feet of floor area up to 5,000 may include dancing as a square feet; one for each 100 square feet of restaurant secondary use area over 5,000 square feet Retail stores, shops, service One for each 200 feet of gross floor area establishments, other than furniture and appliance stores Schools: Elementary and junior high Three per classroom High school One for each four students based on design capacity, plus three per classroom College (business, beauty, etc.) One for each employee, plus one for each three students and universities Self-service laundry and dry One for each 200 feet of floor establishment's area cleaning establishments Service stations Three for each lubrication or service bay, plus one for each employee on the day shift Sports arenas, auditoriums, One for each three seats of maximum seating capacity assembly halls and meeting rooms or Theaters One for each three seats for the first 350 seats, plus one for each five additional seats Wholesale establishments, One for each 1,000 square feet of floor area warehouses, service and OF maintenance centers Unspecified uses of buildings, Where the larking requirements for a particular use is not structures or premises specifically established in this section, the parking -A( requirements for each use shall be determined by the City Council; such determination shall be based upon the 1040e uirements for similar uses d. Modifications to requirements. Modifications to off-street parking and loading requirements shall be permitted as follows: 1. Alternative provisions. The off-street parking requirements of this subsection shall be considered satisfied if- (i) The property being occupied is a part of a parking district which has been duly formed under the provisions of this Code; and (ii) A specific development plan for an area has been adopted and contains parking standards which supersede those contained in this subsection; or (iii) The required parking spaces and street access are permanently provided within 300 feet of the parcel, and a maintenance and management plan indicating the useful functioning of such parking is submitted and approved by the Community Development Director. Not more than 60 percent of the required parking may be provided off the site. 2. Cooperative parking facilities. The requirements for the provisions of parking facilities, with respect to two more property uses of the same or different types, may be satisfied by the permanent allocation of the required number of spaces for each use in a common Page 456 of 481 parking facility, located within 300 feet of all such participating property uses and cooperatively established and operated. In the case of a cooperative parking facility which is designed to satisfy the parking requirements of- (i) From two to four independent property uses, a reduction of not more than five percent of the total number of required spaces shall be allowed. (ii) From five to seven independent property uses, a reduction of not more than ten percent of the total number of required spaces shall be allowed. (iii) Eight or more independent property uses, a reduction of not more than 20 percent of the total number of required spaces shall be allowed. Shared parking facilities. Parking facilities may be shared by two or more commercial uses if their entrances are located within 300 feet of each other and if their hours of operation do not coincide, provided they: (i) Receive special use and design permit so that design criteria are met and conditions of use may be established along with periodic review. (ii) Submit a written document guaranteeing maintenance, hours of operation and specifying length of agreement. (iii) Demonstrate how the shared parking ar of ngement will fulfill the intent of this subsection. 4. Parking requirements for nonconforming structures )es. In the case of structures in any district, which are reconstructed, enlarged, structurally altered, changed in occupancy to a more intensive use category or otherwise increased in capacity, off-street parking shall be provided only for that portion of structures or use constituting the increase in capacity; except that no additional parking need be provided for nonresidential uses, if the increased capacity results in an increase of four or fewer off-street parking spaces. e. Miscellaneous requirements. Miscellaneous parking and loading requirements are as follows: 1. Parking limit. The City may establish a maximum parking limit where the development proposal exceeds City standards for the number of parking spaces required. 2. Parking use. Parking areas shall be used for vehicle parking only with no sales, dead storage, repair work or dismantling of any kind. 3. Existing spaces. Existing off-street parking spaces and loading spaces shall not be reduced in number unless the number exceeds the requirements set forth for the use. f. Accessible parking. Accessible parking shall comply with the Building Code. F� 1 to 50 4- ci�0 -2 ini�50 -3 1ci�o0 4 Page 457 of 481 g. Parking lots in residential districts. When in its opinion the best interests of the City will be served, the City Council may permit, temporarily or permanently, the use of land in a residential district, other than a one -family district, for a parking lot where the land abuts or is across the street from a district other than a residential district, provided that: 1. The lot is to be used only for parking of passenger automobiles of employees, customers or guests of the person controlling and operating the lot, who shall be responsible for its maintenance. 2. No charge is to be made for parking on the lot. 3. The lot is not to be used for sales, repair work or servicing of any kind. 4. Entrance to and exit from the lot are to be located on the lot. 5. No advertising sign or material is to be located on the lot. 6. All parking is to be kept back of the setback building line by a barrier unless otherwise specifically authorized by the City Council. 7. The parking lot and that portion of the driveway back of the setback line is to be adequately screened from the street and from adjoining property in a residential district by a hedge or sightly fence or wall not less than six feet high and not more than eight feet high located back of the setback line. All lighting is to be arranged so that there will be no glare therefrom annoying to the occupants of adjoining property in a residential district and surfacing of the parking lot is to be smoothly graded,�iard-surfaced and adequately drained. 8. Such other conditions as may be deemed necessary by the City Council to protect the character of the residential district. /"%k h. Parking lots and driveways abutting residential districts. Whenever a parking lot or driveway to a parking lot is established in other than a residential district so as to abut the side or rear line of a lot in a residential district, a solid masonry wall or a substantial sightly fence not less than six feet high and not more than eight feet high, shall be constructed and maintained along the side or rear lot line up to, but not beyond, the se�back building line. In addition, in all use districts, the lighting, including any permitted illuminated sign, on any parking lot or driveway shall be arranged so that there will be no glare directed or reflected toward a residence building or residential districts. i. Design requirements. esign requirements shall be as follows: 1. Parking space. parking space shall be at least nine feet in width and 18 feet in length exclusive of an adequately designed system of access drive. Driveways for two-way traffic shall be 24 feet. 2. Parking facility layout. There shall be no off-street parking spaces located within 15 feet of any street right-of-way or ten feet of any property line except in the Central Business District where spaces may be allowed with an approved design permit. 3. Access to spaces or facilities. Driveway design standards are as follows: (i) Driveways shall be designed to conform with existing contours to the maximum extent feasible. (ii) Driveways shall enter public/private streets in such a manner as to maintain an adequate line of sight. 3. Aisles. Circulation aisles necessary for maneuvering within a parking facility shall be designed so that vehicles do not back out into a street, sidewalk or other public way, other than a residential alley. In general, double -loaded aisles are preferred to single -loaded aisles. 4. Curbing. All commercial, industrial or multifamily residential parking lots with five or more spaces shall have continuous concrete curbing around the entire parking lot. Page 458 of 481 5. Border barricades. Every parking facility containing angled or 90-degree parking spaces adjacent to a street right-of-way shall, except at entrance and exit drives, be developed with a solid curb or barrier along such street right-of-way line; or shall be provided with a suitable concrete barrier at least six inches in height and located not less than two feet from such street right-of-way line. Such wall, fence, curb or barrier shall be securely installed and maintained. 6. Surfacing. All off-street parking facilities shall be surfaced with a minimum of five inches of concrete, or 1 1/2 inches of asphalt overlying four inches of base rock except temporary off-street parking facilities, which may be surfaced by placement of a single bituminous surface treatment upon an aggregate base, which bituminous treatment and base shall be subject to the approval of the Director of Public Works. All off-street parking shall be so graded and drained as to dispose of all surface water from within the area; in no case shall such drainage be allowed to cross sidewalks. 7. Marking. Parking spaces within a facility shall be clearly painted and delineated. 8. Lighting. Any lights provided to illuminate any parking facility permitted by this subsection shall be arranged so as to reflect the light away from any adjacent properties, streets or highways. 9. Landscaping and screening. Landscaping shall be provided in new parking lot construction and reconstruction. Landscaping is employed to diminish the visibility and impact of parked cars by screening and visually separating them from surrounding activities and the street; to provide shade and relief from paved areas; to channel the flow of traffic; and generally contribute to good site design. Trees, shrubs, ground covering and earth berming shall be used for lot landscaping. Every parking facility abutting property located in residential districts shall be separated from such property by a wall, planter or a view -obscuring fence; or a raised landscaped mound of earth, sand stones or the like; or by a permanently maintained compact evergreen hedge; or a combination of any of the preceding treatments. Such screening devices shall be six feet in height, measured from the grade of the finished surface of such parking facility, along the abutting residential property. (2) Off-street loading facilities. v � a. Purpose. The purpose of the r9gulations in this subsection is to reduce street congestion and traffic hazards; and to add to the safety and convenience of the community. Adequate, attractively designed and functional facilities for off-street loading shall be incorporated as necessary in conjunction with new uqts of land in the City. b. General provisions. For every building erected, which is to be occupied by manufacturing, storage, warehouse, retail and/or wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning or other uses similarly requiring the receipt or distribution by vehicles of material and merchandise, off-street loading areas shall be provided in accordance with the requirements in this subsection. C. Required areas. Required areas are as follows: Gross Floor Area Required Loading Spaces 10,000 to 24,999 square feet 1 25,000 to 49,999 square feet 2 For each additional 50,000 square feet or major fraction thereof 1 1. Each loading space shall be not less than ten feet in width, 30 feet in length and with an overhead clearance of 14 feet. Page 459 of 481 2. The space may occupy all or any part of any required yard or court space, except for any exterior side yards; and shall not be located closer than 50 feet to any lot in an R district, unless inside a structure or separated from such district by a wall not less than eight feet in height, provided a conditional fence permit is approved. (3) Miscellaneous off-street parking and loading standards. a. In a CA district. All automotive uses allowed in the CA general commercial zoning district that are adjacent to a residential zone must maintain the required front yard setback area in a clear condition without permanently parked or stored automobiles, trailers, vehicles or other stored items or materials used for or accessory to the automotive use. Short-term daily customer parking is allowed in the setback area, but the area must be clear when the business is closed. b. In a VC district. When a property within the VC district is directly across a street or thoroughfare or adjacent to any residential district, all parking and loading facilities must be at least 20 feet from the property line and buildings and structures at least 20 feet from the street. The setback space must be permanently landscaped. C. In a CRD district. 1. All parking areas must be set back a minimum of 20 feet from any street right-of-way. 2. All parking areas must be set back a minimum of 30 feet from the property line of any residentially zoned property, where adjacent property is already developed for residential use or is designated residential use on the City's Comprehensive Plan. 3. All parking areas must be set back a minimum of ten feet from any peripheral property line other than a street right-of-way or residentially zoned property. 4. Each establishment must provide, sufficient off-street parking spaces for all employees, customers and visitors. The number of parking spaces must be determined at the time of preliminary development plan approval, but in no event may there be less than three spaces for each 1,000 square feet of total floor area or portion thereof shown on the plan and in no event may there be less than 3.8 spaces for each 1,000 square feet of total floor area of office and research buildings. Some parking may, at the discretion of the Planning Commission or City Council, be built in stages. 5. Each establishment must provide an adequate loading space within a building or in a side or rear yard, in a way that will allow all storage, standing and maneuvering of trucks to be off the public right-of-way. 6. No portion of a rking or loading space, including maneuvering area, except the necessary drives, may be located closer than 20 feet from a public street right-of-way. d. In a PA district. Parking adjacent to residential property. All parking areas for three or more cars adjacent to residentially zoned land shall be set back a minimum of ten feet and landscaped to screen the parking area from the residentially zoned land. e. In a PWFD district. 1. All parking areas must be set back to a minimum of 20 feet from any of the property lines. 2. Parking areas, driveways or outside storage areas must be set back a minimum of 30 feet from the property line of any residentially zoned property. 3. Adequate parking must be provided for employees and visitors. The number of spaces must be determined for current and future possible expanded use at time of PUD review. 4. No parking area loading space, or maneuvering area may be closer than 30 feet from public right-of-way. This regulation does not apply to entrance and egress driveway. 5. Parking lots and drives may be shared with adjacent park areas. 4a Page 460 of 481 this in these ehapter-, eannot meet par -king r-eqttir-ements withetit a var-iaaee or- other- aeeommodation. eases,to > basis in to the impaet the E&i4s a to a*mbef necessary the mitigate n• this of not fneeting n fee have been time par -king standards. have — beeft seetir-e oa payment of eenstiming and fietiees e — n the in n issued , rder- this seetion. •� • (Code 1998, § 31-510; Ord. No. 1075, § 1, 4-21-2015; Ord. No. 1081, § 8, 7-21-2015) Sec. 28-350. Regulation of radio and television towers. (a) Purpose. In order to accommodate the communication needs of residents and business while protecting the public health, safety, general welfare and aesthetics of the community, the City Council finds that this section is necessary in order to: i1W (1) Facilitate the provision of wireless telecommunication services to the residents and businesses of the City; i (2) Minimize adverse visual effects of towers and antennas through setting design standards; (3) Avoid potential damage to adjacent properties from tower failure through structural standards, lot size requirements and setback requirements; and (4) Maximize the use of existing and approved towers and buildings to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community. (b) Location preferences antennas and towers. (1) Water towers. (2) Collocations on existing telejtommunications towers. (3) Sides and roofs of buildings over two stories. (4) Existing power or telephone poles. (5) Government and utility sites. (6) School sites. (7) Golf courses or public parks when compatible with the nature of the park or course. (8) Regional transportation corridors. (c) Antennas and towers in residential districts (RA, RB, RCM, RCH). Any person, firm or corporation erecting a tower or antenna in a residential district must obtain a conditional use permit from the City Council and meet the following requirements: (1) Communication antennas, subject to the following conditions: a. Satellite dishes, for television receiving only, are subject to the accessory structure requirements for residential districts. b. All antennas must be designed and situated to be visually unobtrusive, screened as appropriate, not be multicolored and may contain no signage, including logos, except as required by the Page 461 of 481 equipment manufacturers or City, State or federal regulations. C. An antenna placed on a primary structure may be no taller than 15 feet above the primary structure. Any accessory equipment or structures must be compatible with the design and materials of the primary structure and not visible from a public street. d. Towers are allowed subject to design review. The purpose of design review is to protect the historic integrity, natural setting, and character of the City's residential areas. e. Minimum land area for freestanding tower sites in residential districts is one acre. f. A tower and any antenna combined may be no more than 75 feet in height, or 100 feet in height if collocated. g. A tower may not be located within 100 feet of any existing or planned residential structure. h. A tower must be setback from a street line a minimum of the height of the tower and any antenna; and towers or antennas may be sited in preferred locations as listed in Subsection (b) of this section, subject to design permit approval. (d) Stillwater West Business Park Districts; Business Park Commercial, Business Park Office, Business Park Industrial (BP-C, BP-O and BP -I). Any person, firm or corporation erecting a tower or antenna in the Stillwater West Business Park shall require a conditional use permit fro k City Council and meet the following requirements: // (1) Exception. Communication antennas attached to an existing structure or in preferred location which are no higher than 15 feet above the primary structure and are allowed as permitted use. (2) Conditions. Communication towers and antennas are subject to the following conditions: ol a. A tower and antenna may be no more than 75 feet in height, 100 feet if collocated. b. A tower may not be located within 300 feet of theproperty line of residentially zoned property. C. A tower may be located no clokr to a street property line than a distance equal to the height of the tower plus ten feet. d. Minimum lot size is 0.5 acre for a primary tower use. e. Towers may be located no closer than one-half mile to the closest tower or other collocation PWCS transmitting facility. f. If a tower is erected on a site with an existing primary structure, the site must have a space of 1,200 square feet set aside exclusively for tower use. The tower may not be located in the front or corner side yard setback area of the primary structure but to the rear of the site. (e) Central Business District and PA Professional Administrative District. Any person, firm or corporation erecting an antenna in Central Business and Professional Administrative Districts shall meet the following requirements: (1) Towers are not allowed in the Central Business District. (2) Antennas are allowed subject to design review. The purpose of design review is to protect the historic integrity, natural setting and character of downtown and its historic buildings and the national register historic district. (3) All support service equipment for towers must be enclosed within an existing building or located and screened so as to be hidden from public view from the street or above. (4) Notwithstanding Subsection (e)(3) of this section, all small wireless support structures and small wireless facilities shall comply with Section 16-33. (f) St. Croix River Overlay District. No communication antenna or communication tower may be located in the St Croix River Overlay District, shoreland or floodplain districts. (g) Performance standards. All personal wireless communication towers erected, constructed, or located Page 462 of 481 within the City must comply with the following requirements: (1) Colocation requirements. A proposal for a new personal wireless communication service tower may not be approved unless it can be documented by the applicant that the communications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one -half -mile radius of the proposed tower due to one or more of the following reasons: a. The planned equipment would cause interference with other existing or planned equipment at the tower or building as documented by a qualified professional engineer, and the interference cannot be prevented at a reasonable cost. b. No existing or approved towers or commercial/industrial buildings within a one -half -mile radius meet the radio frequency (RF) design criteria. C. Existing or approved towers and commercial/industrial buildings within a one -half -mile radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and professional radio frequency (RF) engineer. d. The applicant must demonstrate that a good faith effort to collocate existing towers and structures within a one -half -mile radius was made, but an agreement could not be reached. (2) Tower construction requirements. All towers erected, constructed or located within the City, and all wiring therefor, shall comply with the following requirements: a. Stealth towers are the preferred tower design in residential districts. Monopoles are the preferred tower design in all other districts. The City will consider lternative tower types in cases where structural; radio frequency design considerations; or the nber of tenants required by the City, precludes the use of a preferred tower design. Guyed towers may not be used in any district. Lattice towers may not be used in any residential district. b. Towers and their antennas must comply with all applicable provisions of this Code. C. Towers and their antennas must be certified by a qualified and licensed professional engineer to conform to the latest structural standards of the Uniform Building Code and all other applicable reviewing agencies. X d. Towers and their antennas must be designed to conform to accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code. C. Metal towers must be constructed of or treated with corrosion -resistant material. f. Any proposed communication service tower of 100 feet in height must be designed, structurally, electrically and in all respects, to accommodate both the applicant's antennas and comparable antennas at least one additional user. To allow for future rearrangement of antennas upon the tower, the tower must be designed to accept antennas mounted at no less than 20-foot intervals. g. All towers must be reasonably protected against unauthorized climbing. The bottom of the tower (measured from ground level to 12 feet above ground level) must be designed in a manner to preclude unauthorized climbing to be enclosed by a six -foot -high chain link fence with a locked gate. h. All owners and their antennas and relative accessory structures must utilize building materials, colors, textures, screening and landscaping that effectively blend the tower facilities within the surrounding natural setting and built environment to the greatest extent possible. i. No advertising or identification of any kind intended to be visible from the ground or other structures is permitted, except applicable warning and equipment information signage required by the manufacturer or by federal, State or local authorities. j. Towers and their antennas may not be illuminated by artificial means, except for camouflage purposes (designed as a lighted tower for a parking lot or a ball field) or the illumination is specifically required by the Federal Aviation Administration or other authority. Page 463 of 481 k. No part of any antenna or tower, nor any lines, cable, equipment, wires or braces, may at any time extend across or over any part of the right-of-way, public street, highway or sidewalk. 1. All communication towers and their antennas must be adequately insured for injury and property damage caused by collapse of the tower. m. All obsolete or unused towers and accompanying accessory facilities must be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the City Council. After the facilities are removed, the site must be restored to its original or an improved state. n. In addition to the submittal requirements required elsewhere in this Code, applications for building permits for towers and their antennas must be accompanied by the following information: 1. The provider must submit confirmation that the proposed tower complies with regulations administered by that agency or that the tower is exempt from those regulations. 2. A report from a qualified professional engineer shall be submitted which does the following: (i) Describes the tower height and design including a cross section and elevation; (ii) Demonstrates the tower's compliance with the aforementioned structural and electrical standards; (iii) Documents the height above grade for all potential mounting positions, or collocated antennas and the minimum separation distances between antennas; (iv) Describes the tower's capacity including the number and type of antennas that it can accommodate; and (v) Confirmation by the provide at the proposed facility will not interfere with public safety communicatio A letter of intent committ g the t er owner or his successors to allow the shared use of the tower as long as there is non ative structural impact upon the tower and there is no disruption to the service provide . (h) Existing antennas and towers. Antennas, towers and accessory structures in existence as of July 1, 1997, which do not conform to or comply with this section are subject to the following provisions: (1) Towers may continue in use for the purpose now used and as now existing but may not be placed or structurally altered without complying in all respects within this section. (2) If a tower is damaged or destroyed due to any reason or course whatsoever, the tower may be repaired or restored to its former use, location and physical dimension upon obtaining a building permit, but without otherwise complying with this section. (i) Obsolete or unused towers. All obsolete or unused towers and accompanying accessory facilities must be removed within 12 months of the cessation of operations, unless a time extension is approved by the City Council. If a time extension is not approved, the tower may be deemed a nuisance pursuant to Minn. Stats. ch. 429. If a tower is determined to be a nuisance, the City may act to abate the nuisance and require the removal of the tower at the property owner's expense. In the case of multiple operators sharing the use of a single tower, this provision will not become effective until all users cease operations for a period of six consecutive months. After the facilities are removed, the site must be restored to its original or to an improved state. (Code 1998, § 31-512; Ord. No. 1007, § 1(c)—(g), 4-21-2009; Ord. No. 1129, § 2, 7-2-2019) Sec. 28-351. Landscaping. (a) BP-C, BP-O, BP -I, Central Business, CA and PA Districts. In the BP-C, BP-O, BP -I, Central Business District, CA and PA Districts, the following minimum landscaping requirements must be met for all projects: (1) Minimum plant size. Minimum plant size is as follows: Page 464 of 481 Typ e Size Deciduous trees 1 1/2-1 1/3 inches caliper Deciduous shrubs 18 inches high Coniferous trees 3 to 3 1/2 feet high Coniferous shrubs 1 gallon (2) Street trees. Trees shall be planted along all streets. Street trees shall be set back a distance of ten feet from the street right-of-way. Deciduous trees shall be planted 40 feet on center, and coniferous street trees shall be planted 30 feet on center. (3) Front yards, nonresidential. The minimum front yard on developed commercial and industrial lots shall be covered with sod and maintained in an appropriate manner. (4) Building expansion areas. Portions of lots intended to be utilized for expansion of structures may be seeded with grass seed, mulched and fertilized according to the recommendations of the Zoning Administrator instead of being sodded. (5) Parking lot planting islands. Planting islands in parking lots shall be planted with at least one deciduous tree and at least two shrubs and shall be mulched with a minimum of four inches of rock, wood chips or similar material. All planting islands shall be treated with a mechanical weed inhibiter. One tube for feeding and watering shall be installed in each planting island. (6) Warranty for plant materials. All plant materials indicated on an approved landscaping plan that do not survive two growing seasons shall be replaced with identical plants during or before the following season. (b) RCM district. Landscaping and screem hall be as follows: (1) All sites when fully developed shall e completely graded so as to adequately drain and dispose of all surface water, stormwater and ater in such a manner as to preclude large-scale erosion and unwanted ponding. (2) All sites when fully developed shall be -Kndscaped according to a plan approved by the City Council. The landscaping plan shall specify the size, type and location of all trees and shrubbery and the location of all sodded areas. (3) Parking areas containing four or more spaces which are adjacent to or across the street from a residential district shall be screened to a height of at least four feet by shrubbery, wood or masonry materials. (c) RCH district. Landscaping and screening shall be as follows: (1) All sites when fully developed shall be completely graded so as to adequately drain and dispose of all surface water, stormwater and groundwater in such a manner as to preclude large-scale erosion and unwanted ponding. (2) All sites when fully developed shall be landscaped according to a plan approved by the City Council. The landscaping plan shall specify the size, type and location of all trees and shrubbery and the location of all sodded areas. (3) Parking areas containing four or more spaces which are adjacent to or across the street from a residential district shall be screened to a height of at least four feet by shrubbery, wood or masonry materials. (Code 1998, § 31-513) Sec. 28-352. Wind turbine maximum height. No portion of a wind turbine or its appurtenances may exceed the maximum height established for the zoning district in which the wind turbine is located. Page 465 of 481 (Code 1998, § 31-513.1; Ord. No. 1010, § 2, 9-1-2009) Sec. 28-353. Miscellaneous residential and nonresidential performance standards. (a) Farm animals. In all districts, any lot upon which farm animals are kept must be at least three acres in size. The term "farm animals" means horses, cows, sheep, pigs, chickens, ducks, rabbits and other commonly known domestic farm animals. Chiekens e allowed in the RA a*d nB , g dist iet E)a a lat ofang size as leng as the), follow the standards in section 31 514, subd. 6 and r-eeeive a permit from the . See Chapter 8, Article IV for regulations related to beekeeping. r�:�r_��:e�se��st�e!�.r��sr�sr�r�!ee�:�r.��!�erse:_sree�ss.�•�.�r� • lip (b) Pole buildings. Pole buildings are prohibited in all zoning districts. (c) Projection into required yard areas. Every part of a required yard shall be open and unobstructed by any building or structure except for the following: (1) Awnings, sills, cornices, buttresses, eaves, landings and necessary steps and similar architectural features may project into required yard a distance of not more than three feet so long as the projection is not closer than three feet from the property line. (2) Openwork fire balconies and fire escapes may extend not mo han three feet into the required side or rear yard. (3) Chimneys, flues and fireplaces may extend not more than three feet i o a required yard. (d) Exceptions to height regulations. Exceptions to height regulations are as follows: (1) Roof structures. The maximum height specified in this chapter may be exceeded by church spires, belfries, cupolas, chimneys, ventilators, skylights, water tanks, bulkheads and similar features and by necessary mechanical appurtenances usually carried ab9ve the roof level, provided such structure is an integral part of a building. l (2) Maximum height of accessory buildings in residential districts. In residential districts an accessory building shall not exceed 20 feet in height or the distance from the accessory building to a main building or potential locatiaf of a main Suilding on adjoining premises in a residential district, whichever is less. ilk fir Page 466 of 481 adeqttate temperature in the eeep for- the safiaty of the ehieken hens. The plan must address bet-h- � TSSEIi�s'Jeff!*!!!TES'l'�ii!!!!iCi��Y�-S'�.4iiiT�f the be family two pr-ineipal use of speeifie property must either single A be issued for is residential or- for residential. permit will not any property which 4ian family two family. if the used prifteipally sofned+ing property'sThe other- single E)r the the p pfft.. t ,� the .. t ; addition o e tthe .,b,iee owner- s. 0Fm k,� keeper-; — No per -son may sla-ughter any ehiekens within the eit�-, - - i T�!!TS!l�SlrSi!T�lll�f�l�lT��T.�J. - ES'NLP.�.4 i N'sOil (Code 1998, § 31-514; Ord. No. 1051, §§ 1, 2, 10-2-2012; Ord. No. 1181, § 1, 6-7-2022) Sec. 28-354. Cannabis -related uses. (a) Medical cannabis distribution facilities shall comply with the following performance standards: (1) The maximum length of an interim use permit shall be three years. Interim use permits granted pursuant to this section are not transferable and terminate upon sale of the facility or discontinuance of use; Page 467 of 481 (2) A security plan stating how the facility will address public health, welfare and safety concerns, including, but not limited to, parking, traffic flow, security, fencing, lighting, window and door placement, landscaping, and hours of operation as approved by the Police Chief; (3) The distance limitations on locations of facilities in relation to a public or private school provided for under Minn. Stats. & 152.29, are incorporated herein. A facility shall not be closer than 200 feet of a zoning district that allows single-family, two-family, townhomes, or multifamily dwellings; (4) All facilities shall be setback from all property lines a minimum of 25 feet; (5) Facilities are prohibited from operating drive-throughs; (6) No exterior storage shall be allowed. (b) Medical cannabis laboratories shall comply with the following performance standards: (1) The maximum length of an interim use permit shall be three years. Interim use permits granted pursuant to this section are not transferable and terminate upon sale of the facility or discontinuance of use; (2) A security plan stating how the facility will address public health, welfare and safety concerns, including, but not limited to, parking, traffic flow, security, fencing, lighting, window and door placement, landscaping, and hours of operation as approved b e Police Chief, (3) A laboratory shall be setback from all property lines a mini feet; (4) No exterior storage shall be allowed. (c) Growing of industrial hemp shall comply with the following perfo ance standards: (1) A minimum of 200 contiguous acres is required for the hemp growing operation; (2) The hemp grower must be licensed by the State pursuant to Minn. Stats. ch. 18K; (3) The sale of CBD products is not permitted on the same property as the hemp growing operation. (d) The sale of CBD products shall comply with the following performance standards: (1) Only CBD retail establish intoxicating are allowed to sell, display, or provide intoxicating CBD products. X (2) All CBD retail establishments—intoxjcating shall have a security plan stating how the facility will address public health, welfare and safety concerns, including, but not limited to, parking, traffic flow, security, fencing, lighting, window and door placement, landscaping, and hours of operation that is approved by the Police Chiele (3) No CBD retail establishment —intoxicating shall have a drive -through, walk-up window service, sidewalk displays, sales or outdoor storage or sandwich board signs; (4) There must be at least 1,000 feet between all CBD retail establishments (intoxicating and non - intoxicating); (5) All CBD retail establishments (intoxicating and non -intoxicating) shall be located at least 500 feet from any school when measured in a straight line from the edge of the building wall or tenant wall space in which the establishment is located to the property line of the school or licensed day care facility; (6) CBD incidental sales of non -intoxicating CBD products are permitted in any nonresidential district. (e) Performance standards. All CBD retail establishments must meet the following conditions: (1) CBD products and edible CBD products may be sold for human or animal consumption only if all of the packaging requirements of Minn. Stats. & 151.72, subd. 3, or as may be amended, are complied with. (2) No CBD product may contain more than 0.3 percent of THC. (3) No edible CBD product can contain an amount of any TCH that exceeds five mg (milligrams) per serving or 50 mg per package. Page 468 of 481 (4) No intoxicating CBD product may be sold to anyone under the age of 21 years. (5) No one under 21 years of age shall be allowed to enter an CBD retail establishment that sells intoxicating CBD products. (6) Any person selling or distributing licensed products shall require proof of age by means of government issued photographic identification from the prospective purchaser showing purchaser is 21 years of age or older. (7) Signage identifying the legal sales age and the age verification requirement shall be posted at the point of sale. The required signage shall be posted in a manner so that it is clearly visible to anyone who is considering or making a purchase. (8) No one under 21 years of age shall sell intoxicating CBD products. (9) CBD products must comply with the testing requirements in Minn. Stats. & 151.72, subd. 4, as may be amended. (10) CBD products must comply with the labeling and packaging requirements of Minn. Stats. 151.72, subd. 5 and 5a, as may be amended. (11) Intoxicating CBD products cannot be sold in vending machines, by transient merchants, peddlers, by a moveable place of business, through a drive -through or by internet sales for in-store pickup. (12) Intoxicating CBD products cannot be sold at exclusive liquor stores. (13) Intoxicating CBD products cannot be delive d o a location outside of the CBD retail establishment. (14) No sampling is allowed. (15) No on -site entertainment is allowed. (16) No flavored inhaled intoxicating CBD products may be sold. (17) No gels, powders or other forms of intoxicating CBD that are mixed with liquid may be sold. (f) The following cannabis uses arloWhibit in the City: (1) CBD products that contain more than.f percent tetrahydrocannabinol (THC). (2) Medical cannabis many acturing. (3) Hemp manufacturing. IV (Ord. No. 1190, §§ 1, 2, 9-6-2022, subd. 14; Ord. No. 1192, § 3, 9-6-2022) Secs. 28-355--28-381. Reserved. DIVISION 3. NONRESIDENTIAL STANDARDS Sec. 28-382. Automotive uses in CA district. (a) Automotive uses. All automotive uses described in Section 28-227 adjacent to a residential zone must maintain the required front yard setback area in a clear condition without permanently parked or stored automobiles, trailers, vehicles or other stored items or materials used for or accessory to the automotive use. Short-term daily customer parking is allowed in the setback area, but the area must be clear when the business is closed. (b) Fences. All stored autos, auto parts, trailers or business -related items must be enclosed in a building, or stored behind a secure solid masonry wall or sightly fence not less than six feet in height. eemply with this subd. 10 of Seetion 31 509 (Au4emebile Ser-viee Sta4e Signs) withifi six ME)f4hs 40M the off etiye da4e of this see fi i (Code 1998, § 31-515) Page 469 of 481 Sec. 28-383. Amusement and recreational establishments in the BP-0 district. The City finds that amusement and recreational establishments (such as armories, assembly halls, bowling alleys, dance halls, pool and billiard parlors, skating rinks and other social, sport or recreational centers) are uses that under certain circumstances fit compatibly with other allowed uses in the BP-O Business Park Office District. Consequently, such uses shall be allowed with a conditional use permit if they meet the conditional use permit review criteria found in section 28-81 and all of the following performance standards: (1) The establishment may occupy no more than 3,000 square feet. (2) The establishment must operate in compliance with the noise standards as specified in—wetion 24 of this Code. a. The establishment shall be considered a commercial use ptffstiant to seetion 39 3, subd. 4 of this Cale. b. Not only shall the establishment meet the specified noise standards at its respective property lines, but the noise standards shall also apply to receiving uses in abutting tenant spaces within a multiple -tenant building, if the establishment is located in such a building. (3) Prior to issuance of a certificate of occupancy for the establishment, a qualified professional shall certify that the establishment will, under normal operating conditions, meet the noise standards ----ified in eeti ,. 38 3 of this Code. (4) The amusement or recreational activities offered by the establi ment must operate exclusively indoors. (5) The establishment must have at least one adult employ, r adult supervisory volunteer in the premises during all hours of operation. /00 (Code 1998, § 31-515.1; Ord. No. 997, § 3, 9-16-2008) Sec. 28-384. Large building projects in Central Business District. (a) Purpose. The purpose of this section is to establish a conditional use permit review process for all large building projects, regardless of proposed use, in the Central Business District. Given the impact of large projects on downtown's parking, pedestrian, open space, and 61er infrastructure systems, formal public review is in the public's best interest. (b) Conditional use permit required. Aesite plan review conditional use permit is required for all large building projects located in the Central Business District. For purposes of this section, the term "large building project" means the construction, re -construction, or change in use of at least 12,000 gross square feet of building space where the building or project has, or will have, 20,000 gross square feet of area including any accessory spaces such as basement, utility rooms, attached garage, or rooftop space where such rooftop space is approved for occupancy (e.g., patios). For calculation purposes, the total gross square footage of the large building project shall include all space that within a ten-year period is new construction, re -construction, or a change in use. This ten-year period shall include a three-year look -back period. Consequently, if the cumulative amount of new construction space, re -constructed space, or change of use space reaches 12,000 gross square feet in a 20,000 square foot project over the span of a ten-year period, then a site plan review conditional use permit is required. (c) Approval process. The approval process for the site plan review conditional use permit in this section shall be as established in Sections 28-60 and section 28-81. In addition, the following shall also apply: (1) A request for a site plan review conditional use permit as provided within this section, shall be considered officially submitted and complete when the applicant has complied with all the specified information requirements of this section and sections 28-60 and 28-81. (2) The applicant shall supply proof of ownership of the property or supply written authorization from the owner of the property in question to proceed with the requested conditional use permit review. (3) If the project meets the requirements for a design permit, as specified in section 28-84, then a design permit will need to be requested by the applicant and acted upon by the Heritage Preservation Commission prior to approval of the site plan review conditional use permit by the City Council. Page 470 of 481 (4) If the project meets the requirements for a site alteration permit, as specified in Section 4-84, then a site alteration permit will need to be requested by the applicant and acted upon by the Heritage Preservation Commission prior to approval of the site plan review conditional use permit by the City Council. (5) The Planning Commission, City Council and City staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony at the expense of the applicant concerning operational factors. The information is to be declared necessary to evaluate the request and/or to establish performance conditions in relation to all pertinent subsections of this section. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request. (6) Approval of the site plan review conditional use permit shall require passage by a majority vote of the City Council. (d) Evaluation criteria. City staff, Planning Commission and City Council shall evaluate the effects of the proposed large building project. This review shall be based upon compliance with the City Comprehensive Plan, downtown plans, parking system plans and policies, this section, and other applicable codes, policies and statutes. (e) Information required. The information required for all site plan review conditional use permit applications shall include the following items, unless a listed item is waived by the Community Development Director: (1) Site plan. a. Certificate of survey. b. Name and address of developer/owner. c. Name and address of architect/designer. d. Date of plan preparation. e. Dates and description of all revisi ns�O f. Name of project or development. g. Scale of plan (engineering scale only, at one inch equals 50 feet or less). h. North point indication. i. Lot dimension and area. j. Required and proposed setbac k. Location, setback and dimension of all buildings on the lot including both existing and proposed structures. 1. Location of all adjacent buildings located within 100 feet of the exterior boundaries of the property in question. m. Location, number, dimensions, and type of surfacing material of existing and proposed parking spaces. n. Location, number, dimensions, and type of surfacing material of existing and proposed loading spaces. o. Curb cuts and driveways. p. Type of surfacing material. q. Vehicular circulation. r. Sidewalks and walkways. S. Location and type of all proposed lighting. t. Location of recreational and service areas. U. Location of rooftop and ground mounted mechanical equipment and proposed screening. Page 471 of 481 V. Provisions for storage and disposal of waste, garbage, and recyclables. w. Location, sizing, and type of water and sewer system mains and fire hydrants closest to the property and proposed service connections. (2) Grading/stormwater drainage plan. a. Existing contours at two -foot intervals. b. Proposed grade elevations, two -foot maximum intervals. C. Drainage plan including configuration of drainage areas and calculations. d. Storm sewer, catch basins, invert elevations, type of castings, and type of materials. e. Spot elevations. f. Proposed driveway grades. g. Surface water ponding and treatment areas. h. Erosion control measures. i. Calculation of total square footage of site to be covered with impervious surfaces. (3) Landscape plan. a. Planting schedule (table) containing: 1. Symbols. 2. Quantities. 3. Common names. 4. Botanical names. 5. Sizes of plant material. 6. Root specification (bare root, balled and burlapped, potted, etc.). 7. Special planting instructions. b. Location, type and size of all existing significant trees to be removed or preserved. C. Planting detail (show all species to scale at normal mature crown diameter or spread for local hardiness zone). d. Typical sections in detail of fences, tie walls, planter boxes, tot lots, picnic areas, berms and the like. e. Typical sections of landscape islands and planter beds with identification of materials used. f. Details of planting beds and foundation plantings. g. Note indicating how disturbed soil areas will be restored through the use of deep tilling, sodding, seeding, or other techniques. h. Delineation of both sodded and seeded areas with respective areas in square feet. i. Coverage plan for underground irrigation system, if any. j. Where landscape or manmade materials are used to provide screening from adjacent and neighboring properties, a cross through section shall be provided showing the perspective of the site from the neighboring property at the property line elevation. k. Other existing or proposed conditions which could be expected to affect landscaping. (4) Other plans and information (as maybe required by the Community Development Director). a. Legal description of property under consideration. b. Proof of ownership of the land for which a site plan approval has been requested. Page 472 of 481 C. Traffic study including projected impact to public road system, impact to adjacent private improvements, and traffic and pedestrian circulation on the site. If a traffic study is required by the Community Development Director, then an escrow in the amount necessary to cover the cost the study must be submitted together with the other application materials. The City will then contract with a traffic engineer to complete the study. d. If exterior building changes are proposed, then architectural elevations are required (type, color, and materials used in all external surfaces). e. Typical floor plan and typical room plan. f. Fire protection plan. g. Extent of and any proposed modifications to land within the wetland, shoreland or floodplain district, or steep slopes as described and regulated in this chapter. h. Wetland delineation and report. i. Type, location and size (area and height) of all signs to be erected upon the property in question. j. Certification that all property taxes, special assessments, interest, or City fees due upon the parcel of land to which the application relates have been paid. (f) Compliance with other codes. The review and approval of site improvements pursuant to the requirements of City -adopted building and fire codes shall be in addition to the process established under this article. Approval of the site plan review conditional use permit does not imply compliance with the requirements of the building codes, fire codes, or design review by the Heritage Preservation Commission. (g) Plan agreements. All site and construction plans officially submitted to the City shall be treated as a formal agreement between the building contractor and the City. Once approved, no changes, modifications or alterations shall be made to any plan detail, standard, or specifications without prior submission of a plan modification request to the Community Develop �alt Director for review and approval. Significant changes as deemed by the Community Development Director may be subject to Council review and approval. (h) Enforcement. The Community Development Director shall have the authority to order the stopping of any and all site improvement activities when and where a violation of the provisions of this section has been officially documented by the Building Official, �ublic Works Director, or City Planner as applicable. (Code 1998, § 31-515.2; Ord. No. 1090, § 1, 2-7-2017) Sec. 28-385. Dog training facilities in the BP -I district. All dog training facilities must meet the following performance standards: (1) A dog training facility shall include an enclosed building with restrooms. (2) A dog training facility shall have a separation of at least 500 feet as measured in a straight line from the nearest edge of the building or outside areas used by dogs (whichever is closer) to the property line of all residentially zoned property. (3) When abutting a residential district, an approved screening and landscaping plan shall be filed and developed between the two land uses. (4) Adequate off-street parking shall be provided, as determined by the City Planner. (5) Indoor and outdoor areas shall be maintained in a clean and sanitary condition at all times. Solid waste material shall be removed at least daily and disposed of in a sanitary manner. (6) A dog training facility shall not be operated between 10:00 p.m. and 7:00 a.m. (7) No dogs shall remain unattended in outdoor areas. (8) No permanent outdoor pens are allowed with the exception of a separate outdoor relief area. Any outdoor areas to be used for the animal training facility, including any relief areas, shall be completely enclosed with a fence that is at least four feet in height, or all dogs utilizing a non -enclosed outdoor relief area shall be leashed at all times. No animals shall remain unattended in outdoor areas. Page 473 of 481 (9) A maximum ratio of one person to two dogs is allowed in the outdoor areas at any given time. (10) No dog boarding is allowed. Dogs may only be on -site while accompanied by their owner or handler. (Code 1998, § 31-515.3; Ord. No. 1135, § 3, 11-19-2019) Sec. 28-386.Outdoor uses. (a) VC Village Commercial District. All uses shall be conducted wholly within completely enclosed buildings, except for service stations, parking facilities and other outdoor uses when appropriately located and designed as approved by the Planning Commission. (b) CRD Campus Research District. All operations must be conducted within a fully enclosed building. No outside storage of materials, products or equipment is permitted other than in trash receptacles which must be completely screened utilizing the same building materials as the main building, unless the outside storage is specifically approved as part of a preliminary development plan. (c) CA General Commercial District. All stored autos, auto parts, trailers or business -related items must be enclosed in a building, or stored behind a secure solid masonry wall or sightly fence not less than six feet in height. (d) PWFD Public Works Facility District. Operations to a maximum extent must be conducted within a fully enclosed building. Any material stored outside shall be buffered and visually screened from adjacent residential properties using fencing, landscaping or earthen berms. O tside orage areas and screening must be specifically shown in PUD Master Plan. (Code 1998, § 31-516) Sec. 28-387. CRD Campus Research District miscellaneous standards. (a) Smoke. No use may produce or emit from a vent, stack, chimney or combustion process any smoke darker than Ringelmann No. 1, except that smoke darker than Ringelmann No. 2 is permissible for a duration of not more than four minutes during any eight-ho eriod if the source of the emission is not located within 250 feet of residentially zoned property. (b) Noise. Noise levels may not exceed 80dB(A) at repeated intervals or for a sustained length of time measured at any point along the property line. (c) Electrical disturbance. No activity is permitted that creates any electrical disturbance that adversely affects any operations or equipment other than those of the creator of the disturbance or which otherwise causes, creates or contributes to the interference with electronic signals (including television and radio broadcasting transmissions) to the extent that the operation of any equipment not owned by the creator of the disturbance is adversely affected. (d) Loading dock. No loading dock may face any street unless a screening plan therefore is approved as part of final plan approval. (e) Design permit. A design permit is required for all CRD Campus Research and Development District uses according to the design review standards of this chapter. (Code 1998, § 31-517; Ord. No. 1081, § 9, 7-21-2015) Sec. 28-388. PWFD Public Works Facility District miscellaneous standards. (a) Smoke. No use may produce or emit from a vent, stack, chimney or combustion process any smoke darker than Ringelmann No. 1, except that smoke darker than Ringelmann No. 2 is permissible for a duration of not more than four minutes during any eight -hour period if the source of the emission is more than 250 feet of residentially zoned property. (b) Noise. Noise levels may not exceed 80dB(A) at repeated intervals or for a sustained length of time measured at any point along the property line. (c) Electrical disturbance. No activity is permitted that creates any electrical disturbance that adversely affects any operations or equipment other than those of the creator of the disturbance or which otherwise causes, Page 474 of 481 creates or contributes to the interference with electronic signals (including television and radio broadcasting transmissions) to the extent that the operation of any equipment not owned by the creator of the disturbance is adversely affected. (d) Loading dock. No loading dock may face a street unless screened from view. A screening plan must be approved as part of final PUD approval. (e) Design permit. A design permit is required for all CRD campus research and development district uses according to the design review standards of this chapter. (f) Planned unit development permit. No building, structure, land or premises in the PWFD may be used and no building or structure may be constructed except those granted a planned unit development (PUD) permit. (g) Lighting plan. A lighting plan showing fixture type location, height and intensity of lighting must be submitted for review as part of the PUD application. A light source must not be seen from adjacent properties. The intensity of outdoor lighting must be the minimum for the intended purpose. (Code 1998, § 31-518; Ord. No. 1081, § 10, 7-21-2015) Sec. 28-389. Seasonal outdoor sales. (a) Defined. For purposes of this section, the term "seasonal outdoor sales" means the promotion and sale of goods or services, including, but not limited to, plants, vegetation,dscaping materials, lawn care items, fireworks. (b) Conditions for permit issuance; restrictions. SeZ�;, outdoor sales �s are subject to the following: (1) Seasonal outdoor sales may be allowed as an ry within the CA and BP-C zoning districts, subject to the requirements of this section. (2) Seasonal outdoor sales are only allowed on lCvate pr erty. No seasonal outdoor sales are permitted on public property or public rights -of -way (3) Seasonal garden centers, a type of seasonal outdoor sales, will be permitted for a maximum period of 90 days, and all seasonal garden centers permitted under this subsection must cease operation on or before July 15 each year. r I (4) Seasonal fireworks sales, another type of seasonal outdoor sales, will be permitted for a maximum of three weeks each year and must cease operation no later than July 6. (5) The sales area may not impede pedestrian or vehicular circulation patterns on the site. the eommunit-y development depai4men4. The eempleted appheation must be s4mitted at least 60 days prior- to the proposed opening da4e of the seasonal outdoor- sales business. To be eansider-ed eamplete, the appheatie must inelude the eompleted applieation form plus the following additional ififoFfflation and doeuments: Address ,fpr-, pep:«.. Page 475 of 481 Site -plan � � The site -plan � 1 ,1 �r� C�iscensSs�s�S�t T this — Size of the afea being aeeupied by the seasonal etAdeer- sales oper-a4ion. — Method of eon4aiaing operations. ladiea4e ma4er-ials and design of the pf:aposed tent or tempefary stfuetufe, any feneing virthe site, and tr-ash eentainment systems-. — The number- of pafking stalls being used by the entire seasonal otAdeer- sales operation and desefiption of the fmmbef of par -king spaees tha4 will femain a-vailable to the primary use of the pr-epefty, showing that stiffieiefft par -king must be available to suppeft both the aeeesser-y seasonal (c) Sign standards. Signage is subject to the following requirements and restrictions: (1) The total number of signs associated with a seasonal outdoor sales operation is limited to three. (2) All signage for the seasonal outdoor sales operation must be contained on the subject property. (3) Signage may not be located within public rights -of -way. (4) Each freestanding sign is limited to a surface area of two feet by three feet (six square feet total). (5) Up to two banners may be permitted provided that they maCtempora ;be attached to the tent or temporary structure used for the seasonal outdoor sales operation. (6) One sign may be painted or affixed directly to the t or structure used for the seasonal outdoor sales operation. (7) The size and height of the banner and affixed signs are limited to that which is allowed in the BP Business Park Districts as regulated in section 28-348(8). (8) No sign may be erected or installed priortoerec`n f the seasonal outdoor sales tent or temporary structure. (9) All signs must be removed from the (roperty concurrently with removal of the seasonal outdoor sales operation.eha-ages or- eomplaints, the planning eo . . it review the annual pei:mit applieation for that — — Review of fifst pefmit appheation. The annual pefmit for- the first yeaf of eper-a4ian shall be r-evie by the p!a+mi:R- n. The first year- pefmit shall be valid through Deeember- 31 of the yeaf. (d) Review of subsequent annual applications. The apAittal pefmit for- subsequent years of operation be reviewed by eefnffmnit-y development depaFtmen4 staff-, tmiess there are s4stafttial ehanges to the site plan of oper-4ions plan, or- unless there are substanti4ed eemplain4s of a p4lie sa", nattwe. if there —ar-ke sueh suh-stantial • (d) Inspection by Fire Marshal required. An inspection by the Fire Marshal will be required prior to the seasonal outdoor sales operation opening for business. (Code 1998, § 41-7, subd. 1; Ord. No. 1041, §§ 1, 2, 11-1-2011; Ord. No. 1066, § 1, 7-1-2014; Ord. No. 1132, § 1, 9-17- 2019) Secs. 28-390--28-406. Reserved. DIVISION 4. CONSERVATION REGULATIONS, ALL DISTRICTS See. 31 523. Soil stripping.- for- than the > > or- use other- en premises from w-hieh it is taken, exeept in eemeetion with any incidental excavation or- grading. 1999, R 31 523; Ord.T.T., 1126, § 2,6 18 201 9) the eonstfuetion or- alteration of a building on the premises an (Code See. 1 526.Rest-r4etiveseits-. Page 476 of 481 om ._ Mw IN ON i- M 'M.M. M.-M-11111 ........ . ............ . NI OWNp"MINay11 �, icy' Page 477 of 481 . WIN PVT, .. . ......... ---------- ...... . . ........... ............. g lip FA ■ MWETMIS IN PH Soil Less Limits n n for Soils in Washington County Map Symbol Soil Name iLT2 243 Ostrander- silt loam, 2 6 pereent slopes -5 2C_ Page 478 of 481 LUM KOR Page 479 of 481 •• iia •. ••. _ - aim •E •. • A. ILI ..• .�NRZMTMZMT • MIT, , Page 480 of 481 . . .•mum- � \ •. 'y • •.. •_� • \ • \ ILMS Page 481 of 481 (Code 1999§ 31 526) Seed 32' motion regulations-. s Land r-eelamation is the r-eelaiming of land by depositing or- moving mater-W to eleva4e the gfude. The 'U-ad r-eelamation" shall not ineWde landscaping done by or- tmder- the direetion of a pr-opefty owner- that does not affeet the drainage pattem or- alter- or- intensify the flow into or- "Em ptiblie E)r- pr-iva4e pr-epefty. IMien applieable, ofdiaa-nee. Land r-eelafnation shall be pefmitted only by speeial use permit. The pei!fait shall inelude- as a eonditio thereof-, a finished grade pla-m which will not adversely affeet the adjaeefA land and as a eendition thereof-, shall r-egttleAe the type of matefial pefmitted, pfogfam fef fodefA eentfel, plan for- fire eentfel and genefal main4enanee E)f the site, eafftfels E)f vehieulaf ingress and egress and for- eentr-el E)f ma4er-ial dispersed ffem funeff-, wind E) ha-u inn f matefial to or f-,,.r, the site it de 1998§ 31 527) Sec. 28-407. Solid waste disposal sites. (a) Defined. The term "solid waste disposal site" means any site including a sanitary landfill or dump used for the disposal of solid or semisolid wastes from more than one premises or from a commercial or industrial operation, not suitable for discharge into water carriage waste disposal systems. (b) Prohibited generally. Solid waste disposal sites are prohibited in the City. (Code 1998, § 31-528)