Zoning Code Ord. #2001-05 - 1NEW HOPE CITY CODE
ZONING CODE - CHAPTER 4
REDLINED VERSION SHOWING 5/14/2001
RECODIFICATION CHANGES
4.00 ZONING
4.01 TITLE AND APPLICATION
4.011 Title This Zoning Code shall be known as the "New Hope Zoning Code" except as referred to herein,
where it may be known as "this Code ".
4.012 Purpose The intent of this Zoning Code is to protect the public health, safety and general welfare of
the community and its people through the establishment of minimum regulations governing
development and use. This Code divides the City into use districts and establishes regulations in
regard to location, erection, construction, reconstruction, alteration and use of structures and land.
Such regulations are established to protect the use areas; to promote orderly development and
redevelopment; to provide adequate light, air and convenience of access to property; to prevent
congestion in the public right -of -way; to prevent overcrowding of land and undue concentration of
structures by regulating land, buildings, yards and density of population; to provide for compatibility
of different land uses; to encourage a distribution of life cycle housing within the community; to
provide for administration of this Code; to provide for amendments; to prescribe penalties for
violation of such regulations; and to define powers and duties of the City staff, the Board of
Adjustment and Appeals, the Planning Commission, and the City Council in relation to the Zoning
Code.
4.013 Comprehensive Municipal Plan It is the policy of the City of New Hope that the enforcement,
amendment, and administration of this Code be accomplished with due consideration of the
recommendations and policies contained in the Comprehensive Municipal Plan as developed and
amended from time to time by the Planning Commission and City Council of the City. The Council
recognizes the Comprehensive Municipal Plan as the Policy for regulation of land use and
development in accordance with the policies and purpose herein set forth.
4.014 Restrictive Interpretation Where the conditions imposed by any provisions of this Code are either
more or less restrictive than comparable conditions imposed by other ordinance, rule or regulation
of the City, the ordinance, rule or regulation which imposes the more restrictive condition, standard,
or requirements shall prevail.
4.015 Minimum Requirements In their interpretation and application, the provisions of this Code shall
be held to be the minimum requirements for the promotion of the public health, safety and welfare.
4.016 Permits Controlled No permits shall be issued, and no structure shall be erected, converted, enlarged,
reconstructed or altered, used or occupied, and no structure or land shall be used for any purpose nor
in any manner which is not in conformity with the provisions of this Code.
4.017 Prohibition of Uses Not Specifically Authorized Whenever in any zoning district a use is neither
specifically permitted nor denied, the use shall be considered prohibited. In such case the City
Council or the Planning Commission, on their own initiative or upon request, may conduct a study
to determine if the use is acceptable and if so what zoning district would be most appropriate and the
determination as to conditions and standards relating to development of the use. The City Council,
Planning Commission or property owner, upon receipt of the staff study shall, if appropriate, initiate
an amendment to the Zoning Code to provide for the particular use under consideration or shall find
that the use is not compatible for development within the City.
4.018 Authority. This Zoning Code is enacted pursuant to the authority granted by the Municipal Planning
Act, Minnesota Statutes Sections 462.351 to 462.363.
4.019 Separability It is hereby declared to be the intention of the City that the several provisions of this
Zoning Code are separable in accordance with the following:
4,019(l) Invalid Provision If any court of competent jurisdiction shall adjudge any
provision of this Zoning Code to be invalid, such judgment shall not affect any
other provisions of this Zoning Code not specifically included in said judgment.
4.019 (2) Adjudication of Invalid Application If any court of competent jurisdiction shall
adjudge invalid the application of any provision of this Code to a particular
property, building, or other structure, such judgment shall not affect the application
of said provision to any other property, building, or structure not specifically
included in said judgment.
4.019A
4.02 RULES AND DEFINITIONS
4.021
Rules The language set forth in the text of this Zoning Code shall be interpreted in accordance with
the following rules of construction - and definitions. Any conflict with common usage or Chapter
1 as to the meaning of a word or term shall be resolved in favor of the following definitions, if the
word applies to this Zoning Code. Otherwise, the definitions in Chapter 1 will control.
......... . .......... .... .................................. —fc—atAe e;z2684j
4.022 Definitions The following words and terms, wherever they occur in this Zoning Code, shall be
interpreted as follows:
092 ;r (1) Accessory Building or Use A subordinate building or use which is located on the
same lot on which the main building or use is situated and which is reasonably
necessary and incidental to the conduct of the primary use of such building or main
use.
i.ii (2) Adult Day Care. Personal care during the day (for less than 24 hours) in a
protective setting licensed by the State of Minnesota providing companionship,
education, recreational or developmental activities, as well as integral but
subordinate medical services in the form of medical examinations, dental
screening, and immunizations.
4,022 (2j(-r3) Adult Uses Any of the activities and businesses described below constitute
Sexually Oriented Businesses which are subject to the regulations of this Code and
more specifically §4Section 4.039C-here4ft.
4 € ' (,2 ki3) (1) Adult Uses - Body Painting Studio An establishment or
business which provides the service of applying paint or other
substance, whether transparent or non - transparent, to the body
of a patron when such body is wholly or partially nude in terms
of "specified anatomical areas. ".
4 022? " ?I 1 (iib) Adult Use - Bookstore A building or portion of a
building used for the barter, rental or sale of items
consisting of printed matter, pictures, slides, records,
audio tape, videetapevideo tape, -or motion picture film,
or any type of computerized or electronic images or
projections if such building or portion of a building is
not open to the public generally, but only to one or
more classes of the public excluding any minor by
reason of age and if-a substantial or significant portion
of such items are distinguished and characterized by an
emphasis on the depiction or description of
"speeifie4 "specific sexual activities" or
"spee3fiet1 "specified anatomical areas' -'."
4. 022( 2 � _113) (iHc) Adult Use - Cabaret A building or portion of a
building used for providing dancing or other live
entertainment, if such building or portion of a building
excludes minors by virtue of age and if such dancing or
other live entertainment is distinguished and
characterized by an emphasis on the presentation,
display, depiction or description of "specified sexual
activities" or "specified anatomical areas, " -
i 0 X64„ ,r) (ivd) Adult Use - Companionship Establishment A
companionship establishment which excludes minors
by reason of age, and which provides the service of
engaging in or listening to conversation, talk or
discussion between an employee of the establishment
and a customer, if such service is distinguished and
characterized by an emphasis on "specified sexual
activities" or "specified anatomical areas."
4 •022(3)(e) Adult Use - Conversation apParlor A conversation/rap parlor
which excludes minors by reason ofage, and which provides the
services of engaging in or listening to conversation, talk, or
discussion, if such service is distinguished and characterized by
an emphasis on "specified sexual activities" or "specified
anatomical areas', " -
4 02 €:?r;, ( Adult Use parlor! -
Healthl5port
Club A bealthlsport club which excludes minors by
reason of age, and if such club is distinguished and
characterized by an emphasis on "specified sexual
activities" or "specified anatomical areas."
4. 02I2(� ' _'I')ka3) (y»g) Adult Use - Hotel or Motel Adult hotel or motel
means a hotel or motel from which minors are
specifically excluded from patronage and where
material is presented which is distinguished and
characterized by an emphasis on matter depicting,
describing or relating to "specified sexual activities" or
"specified anatomical areas," -
.t 0. (h) Adult Use - Massie Parlor Health Club A massage parlor or
health club which restricts minors by reason of age, and which
provides the services of ,
tal k, or a:`etts. o massage, if such service is distinguished and
characterized by an emphasis on "specified sexual activities" or
"specified anatomical areas', " -
4 02 2(itt6;) (y4i) Adult Use - 1 Furl w ar._ ..4 ,.., . u __, hL ... r.,�
wItteltMini-Motion Picture Theater A building or
portion of a building with a capacity for less than 50
persons used for presenting material if such building or
portion of a building as a prevailing practice excludes
minors by reasei3virtue of age, and if such material is
distinguished and characterized by an emphasis on
"specified sexual activities" or "specified anatomical
areas" for observation by patrons' therein:
x,022( 3) (j) Adult Use , Modeling Studio An establishment whose major
business is the provision, to customers, offiguremodels who are
so provided with the intent of providing sexual stimulation or
sexual gratification to such customers and who engage in
"specified sexual activities" or display "specified anatomical
areas" while being :observed, painted, painted upon, sketched,
drawn, sculptured, photographed, or otherwise depicted by such
customers.
4 t`2 2 { z °_t':6'� (x4k) Adult Use - Motion Picture Arcade Any place to
which the public is permitted or invited wherein coin or
slug- operated or electronically, electrically or
mechanically controlled or operated still or
irmotion picture machines, projectors
(computerized or electronic imaging devices) or other
image - producing devices are maintained to show
images to five O or fewer persons per machine at any
one time, and where the images so displayed are
distinguished and characterized by an emphasis on
depicting or describing "speeified "specified sexual
activities — or �speeified specific anatomical areas!`."
elub
4
, (l) Adult Use - Motion Picture Theater A building or portion of a
building with a capacity of SO or more persons used for
presenting material if such building or portion of a building as
a prevailing practice excludes minors by virtue of age and if
such material is distinguished and characterized by an emphasis
on "specified sexual activities" or "specified anatomical areas"
for observation by patrons therein.
4 02 2 ,? , ') (v44m) Adult Use - Novelty Business A business which has as a
principal activity the sale of devices which stimulate human
genitals or devices which are designed for sexual stimulation.
4,022(3) Adult Use - M.., sa,,.e Parlo TT G h t b. A r ,._,,,_ u ..
health lub -- hie estr etgSauna :+ A sauna which excludes
minors by reason of age, and which provides a steam bath or
heat bathing room used for the purpose ofbathing, relaxation, or
reducing, utilizing steam or hot air as a cleaning, relaxing or
reducing agent, if the service of massage, if stieh serviee
provided by the sauna is distinguished and characterized by an
emphasis on "specified sexual activities" or "specified
anatomical areas "..
business
so pfevided
ex4udes
bafli
figure
50
is �ie provision, to ettstomers,
of niodels who are
with the ittteiit of
providing sexual stinittlafion oi
b
11 11
it
"
display "speeified
or
being
attatom
tt
afeas"
drawn,
v NJtVllters.
IN Wo :.
Painted p
depieted by-t�t�
settiptureel, photographed,
or otherwise
business
so pfevided
ex4udes
bafli
figure
50
is �ie provision, to ettstomers,
of niodels who are
with the ittteiit of
providing sexual stinittlafion oi
b
11 11
it
"
display "speeified
or
being
attatom
tt
afeas"
drawn,
v NJtVllters.
while observed,
Painted p
depieted by-t�t�
settiptureel, photographed,
or otherwise
4.022(2)(a) (xiv) Adult 1:4se Sauna! A sauna whieh
of age, and whieh provides a steam
used for the purpose , .
ex4udes
bafli
presentin building with a eapaeity
50
of otz more persons ttsed
b pfaetiee
exeludes minors by virtue of age aft
o" "speeified sexual
11 11
o areas
4.022(2)(a) (xiv) Adult 1:4se Sauna! A sauna whieh
of age, and whieh provides a steam
used for the purpose , .
ex4udes
bafli
mittors
heat
by reason
bathing
or
room
steam or Itot air as a eleaning,
by the is distinguished
b or redtteing
and
agent, i
eharaeter
serviee provided sauna
by an emphasis on. "speeified sexual
eii alojniettl ,. ..11
"
"
or
022 3) (ti) Adult Use - Steam Room/Bathhouse Facility A building or
portion of a building used for providing a steam bath or heat
bathing room used for the purpose of pleasure, bathing,
relaxation, or reducing, utilizing steam or hot air as a cleaning,
relaxing or reducing agent if such building or portion of a
building restricts minors by reason of age and if the service
provided by the steam room/bathhouse facility is distinguished
and characterized by an emphasis on "specified sexual activities"
or "specified anatomical areas'. " -
&.02 ? (34) Alley A public right -of -way less than thirty feet in width which affords secondary
access to abutting property.
.... ........................ ........ .......- (Gotle 8 }
4.(,)2" (3B6) Antenna Any of the below described uses requiring an antenna shall be subject to
the regulations of this Code and more specifically §§4Sections 4.032(3 and
4.039D herein:
4m22'(3435) (i) Antenna Personal Wireless Service A device consisting of a metal,
carbon fiber, or other electromagnetically conductive rods or elements on
a single supporting pole or other structure, and used for the transmission
and reception of wireless communication radio waves including cellular,
personal communication service (PCS), enhanced specialized mobilized
radio (ESMR), paging and similar services and including the support
structure thereof.
4, 2f (iib) Antenna Public or Commercial Radio and Television Broadcast
Transmitting A wire, set of wires, metal or carbon fiber rod or other
electromagnetic element used to transmit public or commercial broadcast
radio, or television programming and including the support structure
thereof.
.. 0 2(24,'5) (!He) Antenna, Public Utility Microwave A parabolic dish or cornucopia
shaped electromagnetically reflective or conductive element used for the
transmission and/or reception of point to point UHF or VHF radio waves
in wireless telephone communications, and including the supporting
structure thereof.
i 422(3445 ) (iyd) Antenna Radio and Television Receiving A wire, set of wires, metal or
carbon fiber element(s), other than satellite dish antennas, used to receive
radio, television, or electromagnetic waves, and including the supporting
structure thereof.
4 0 "'22( 32 2 ) ( ve) Antenna, Satellite Dish A device incorporating a reflective surface that
is solid, open mesh or bar configured and is in the shape of a shallow dish,
cone, horn, or cornucopia. Such device is used to transmit and/or receive
radio or electromagnetic waves between terrestrially and/or orbitally
based uses. This definition shall include, but not be limited to, what are
commonly referred to as satellite earth stations, TVROs (television,
receive only) and satellite microwave antennas and support structure
thereof.-
4,0211 (cif) Antenna Short -Wave Radio Transmitting and Receiving A wire, set of
wires or a device, consisting of a metal, carbon fiber, or other
electromagnetically conductive element used for the transmission and
reception of radio waves used for short -wave radio communications, and
including the supporting structure thereof.
,O22 (3C-6) Antenna Support Structure Any building or other structure other than a tower
which can be used for location of antennas.
,022 (3$7) Antenna Tower A self - supporting lattice, guyed or monopole structure
constructed from grade which supports personal wireless service antennas. The
term tower shall not include amateur radio operators' equipment, as licensed by the
FCC.—
-i 02,2 (3-E8) Antenna Tower - Temporary Mobile Any mobile tower, pole or structure located
on a trailer, vehicle or temporary platform intended primarily for the purpose of
mounting an antenna or similar apparatus for personal wireless service, which is
commonly referred to as cellular on wheels (COW).
.................. I ...... .......... -(6�4 9� 4j
' 4,o22 (3A;9) Applicant Any person, corporation, partnership, association of any type, public
agency or any other legal entity who submits an application to the Issuing
Authority for a permit or license pursuant to this Code.
i
4022 (14) Artificial Obstruction Means any obstruction which is not a natural obstruction
(see obstruction).
1,,0 (4A21) As Graded The surface conditions extae�nt on completion of grading.
... .......................I......� 1 }
(912) Basement Means any area of a structure, including crawl spaces, having its floor
or base sub -grade (below ground level) on all four sides, regardless of the depth of
excavation below ground level.
4, 02.2 (9Ar13) Bedrock In place solid rock.
4,022 (9B14) Bench A relatively level step excavated into earth material.
.()') 2 (9E15) Best Management Practices A technique or series of techniques which, when used
in an erosion control plan, is proven to be effective in controlling construction-
related runoff, erosion and sedimentation.
:.
:.
._
(912) Basement Means any area of a structure, including crawl spaces, having its floor
or base sub -grade (below ground level) on all four sides, regardless of the depth of
excavation below ground level.
4, 02.2 (9Ar13) Bedrock In place solid rock.
4,022 (9B14) Bench A relatively level step excavated into earth material.
.()') 2 (9E15) Best Management Practices A technique or series of techniques which, when used
in an erosion control plan, is proven to be effective in controlling construction-
related runoff, erosion and sedimentation.
,,0 3 (9816) Bluff A topographic feature such as a hill, cliff, or embankment having the
following characteristics (an area with an average slope of less than eighteen (18)
percent over a distance €orof fifty (50) feet or more shall not be considered part of
the bluff):
4; 0} 2 (9i)16) (a) Part or all of the feature is located in a shoreland area;
4 t 2 2 (44416) (b) The slope rises at least twenty -five (25) feet above the ordinary high water
level of the waterbody;
4 The grade of the slope from the toe of the bluff to a point twenty -five (25)
feet or more above the ordinary high water level averages thirty (30)
percent or greater; and
4. 02 204 ) (d) The slope must drain toward the waterbody.
........ . ................. .. .... I .......
.....- {Hrt� -4�-� }
(91 -17) Bluff Impact Zone A bluff and land located within twenty (20) feet from the top
of a bluff.
4- 02? - (1-0
4,022 (18)
1,01 2 (19)
4 0 2 2 ( )
Bluff, Toe The lower point of a fifty (50) foot segment with an average slope
exceeding eighteen (18) percent.
Bluff
, lop s The h point of a fifty (50) foot segment with a n
average slope exceeding eighteen (18) percent,,
Board of Appeals and Adjustments The City Council sitting as a review board for
zoning matters as provided in Minn. 4atMiiinesota Statutes 462.351 Subd. 6.
1.x0221? (4421) Boarding House A building other than a hotel where, for compensation and by
prearrangement for definite periods, meals or lodging and meals are provided to
three or more persons, not of the principal family therein, pursuant to previous
arrangements and not to anyone who may apply, but not including a building
providing these services for more than ten persons.
1.0012 (4 -A22) Boulevard That portion of the dedicated street or right -of -way lying between the
curb, or traveled portion of the right -of -way if there is no curb, and the lot or
property line.
4.022 (44-B Borrow Earth material acquired from an off -site location for use in grading on a
site.
................... I ......................... - (flr-'4 go 0�9
4,022 (1-24) Buildable Area The portion of a lot remaining after required yards and set -backs
have been provided.
4.o2l. (44A25) Building Line A line parallel to a lot line or the ordinary high water
level at the required setback beyond which a structure may not
extend.
0 ".'<°2 (4326) Building Any structure used or intended for supporting or sheltering any use or
occupancy.
4 .02- (4.427) Building Height A distance to be measured from the mean ground level to the top
of a flat roof, to the mean distance of the highest gable on a pitched or hip roof, to
the deck line of a mansard roof, to the uppermost point on all other roof types.
41 022 (4.528) Business Any establishment, occupation, employment or enterprise where
merchandise is manufactured, exhibited or sold, or where services are offered for
compensation.
i 0222 (29)
i .02 2 (4 -630) Carport A canopy constructed of metal or other material supported by posts either
ornamental or solid and completely open on more than one side.
4,022 (4431) Cellar That portion of a building having more than one -half of the floor to ceiling
height below the average land grade.
4,02 (32)
4,012 (4$33)
operated within the boundaries of such cemetery.
Channel A natural or artificial depression of perceptible extent, with definite bed
and banks to confine and conduct water either continuously or periodically.
. . . . . . . . . . . . . . . . . . . . . ?_20 . J .IGIP - 07 84
, u.)22 (2934) Children One or more persons under the age of sixteen (16), or persons over
sixteen (16) years of age, but under twenty -one (21), if for reasons of mental
retardation they still require the protection needed by persons under sixteen (16)
years of age.
4,0 22 2 (2435) Church A building, together with its accessory buildings and uses, where persons
regularly assemble for religious worship and which building, together with its
accessory buildings and uses, is maintained and controlled by a religious body
organized to sustain public worship.
..............................
4.022 (24A36) Civil Engineer A professional engineer registered in the State of Minnesota to
practice in the field of civil works.
walkways, and approved off - street vehicle service areas.
J)"22 (24BP) Civil Engineering The application of the knowledge of the forces ofnature,
principles of mechanics and the properties of materials to the evaluation, design
and construction of civil works for the beneficial uses of mankind. -
. .................. .......... .............. .. -(9r4 90 07)
4.022 (243$) Club or Lodge A club or lodge is a non - profit association of persons who are
bonafide members paying annual dues; use ofpremises being restricted to members
and their guests.
_ '0 _'� ( 39) Commercial j se. The
principal use of land or buildings for the sale, lease, rental or trade of products,
goods, and services, including, but not limited to, the following:
4,02
4 ,39) (d)
hospices;
4,()22(' (e)
4,022(39) (1);
4 J.kR 2(39) (g)
character.
Automobile Repair-wMaior General repair, rebuilding or reconditioning
engines, motor vehicles or trailers; collision service, including body,
frame or fender straightening or repair; overall painting or paint ,job;
vehicle steam cleaning,
conducted as an accessory use.
4 022 (s 9) (h) Recreational Business Health club, bowling alley, cart track, golf course;
billiard (pool) hall, dance hall, skating, trampolitte, .
Me
rinks, firearms range, boat rental, amusement rides, campgrounds, private parks, and uses
of similar character,
4M2i,39) (i)
4,022 (k) Retail Business An establishment engaged in the display and sale of
41 022'(391(1) Service Business -Off- Site A company that provides useful labor;
maintenance, repair and activities incidental to business production or
distribution where the service is provided at the customer's location;
including delivery services, catering services, plumbing and sewer
services, and other uses of similar character:
4,02 39�
U22 (40) (40) C omp rehensive Municipal Plan Sometimes described as the Comprehensive Plan:
"Comprehensive municipal plan" means a compilation of policy statements, goals,
standards, and maps for guiding the physical, social and economic development,
both private and public, of the City of New Hope and includes but is not limited to,
the following: statements of policies, goals, standards, a land use plan, a
community facilities plan, a transportation plan, and recommendations for plan
execution. The comprehensive plan represents the pPlanning eCommission's
recommendations for the future development of the community, as approved by the
Council.
............ ............................... (Code 84f
4 .022 (24$41) Compaction The densification of a fill by mechanical means.
90 9�9
Restaurant- General An establishment that serves food in individual
portions to be consumed on site, but not including ,convenience
restaurants,
such as banks (not including drive- through facilities), copy centers,
barber /beauty ,salons, laundromats,, dry cleaners, funeral homes and
mortuaries, animal clinics, appliance repair, tailor shops, travel bureaus.
4,01:2 (24C Commissioner Relating to §4Section 4.4-625 of this Code "Commissioner" shall
mean Commissioner of the Department of Natural Resources.
- 1,(K'!2 (-1543) Conditional Accessory Use An accessory use which because of special problems
of control require a Conditional Use Permit.
.0 2':' (4644) Conditional Use A use, which because of special problems of control inherent in
the particular use, requires reasonable, but special, unusual or extraordinary
limitations peculiar to the use for the protection of the public welfare and the
integrity of the municipal land use plan.
4.022 (2445) Conditional Use Permit A permit, issued by the Council by resolution, as a
flexibility device to enable the Council to assign dimensions to a proposed use or
conditions surrounding it after consideration of adjacent uses and their functions
and the special problems which the proposed use presents. Resolutions authorizing
Conditional Use Permits shall be filed with the appropriate County officials as
required by Minnesota Statutes Frequently identified by its initials, CUP, or
C.U.P.
............... ......................
....�4- �-3f
4.l122 (2846) Condominium A multiple dwelling or development containing individually owned
dwelling units and jointly owned and shared areas and facilities, which dwelling
is subject to the provisions of the Minnesota Condominium Law, Minnesota
Statutes -
{�ez X68
Gonygiienee Food Establishment. An establishment whigh seFves-f&a44n-ff--m
z vie Or vii t he
sefved at tables, bo or ,.4:
1:,' (4) Cooperative (Housing) A multiple family dwelling owned and maintained by the
residents. The entire structure and real property is under common ownership as
contrasted to a condominium dwelling where individual units are under separate
individual occupant ownership.
4.0221 (334$) Day Care Facility Any sState licensed facility, public or private, which for gain
or otherwise regularly provides one or more persons with care, training,
supervision, habilitation, rehabilitation, or developmental guidance on a regular
basis, for periods of less than twenty -four (24) hours per day, in a place other than
the person's own home. Day care facilities include, but are not limited to: family
day care homes, group family day care homes, day care centers, day nurseries,
nursery schools, daytime activity centers, day treatment programs, and day
services, as defined by " Minnesota Statutes Section 245A.7-8 -U2, Subd.
51i1.—
4,021',` (33A4) Deck 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 (3) feet above ground.
.............. .... .. .... I ............... I ... . -fBr 98 i7)
4.02-2(34) Department Store. A business whielt is eondueted - _:_ - - -.. I , .
are exliibited and sold direetly or retail to the ettstomer faf whom the goods and
fur
1.022 (3550) Development Any man -made change to improved or unimproved real estate
including, but not limited to, buildings and other structures, mining, dredging,
filling, grading, paving, excavation, drilling operations, or storage of material or
equipment.
..... . ..... ........... I ............... ........ (Orr
4J)'2 (3651) District A section or sections of the City for which the regulations and provisions
governing the use of buildings and lands are uniform for each class of use
permitted therein.
4.02 (3-752) Diversion A channel that intercepts surface water runoff and that changes the
accustomed course of all or part of a stream.
,0t 22 (3553) Doe Kennel Any place where four dogs or more over six months of age are
boarded, bred and/or offered for sale, except a veterinary clinic.
4.02!2. (3$A54) Drainage Way A natural or man -made channel which collects and intermittently
or continuously conveys stormwater runoff:
...................... - fei'a'- 99-07)
4 6 :% (3955) Draining The removal of surface water or groundwater from land.
4.0 22 (4856) Dredging To enlarge or clean -out a waterbody, watercourse, or wetland.
::
4.022 (4-257) Dwelling For purposes of this Code, a dwelling shall be defined as a building or
portion thereof, designated exclusively for residential occupancy, including ene-
the following, but not including
hotels, motels and boarding houses..
t).,Z 2( 5 7) (b) Dwelling_Manox Homes A residential structure with live (.))to erg of (6)
units with each unit having a separated entrance /exit. There may be more
than one (1) Moor and an attached garage space
4.022(57) (c) Dwelling, Manufactured Home A residential dwelling unit designed for
transportation after fabrication on streets or highways on its own wheels
or on flatbed or other trailers, and arriving at the site where it is to be
occupied as a dwelling complete and ready for occupancy except for
minor and incidental unpack and assembly operations, location on jacks
or other temporary or permanent foundations, connections to utilities. A
travel trailer is not considered a manufactured home.
..................... — ....... I. ........ (Ot- 79 -4- -8 3j
i. 02" 2(5 7) (44tO Dwelling, Multiple Family (Apartment) A building designed
with three or more dwelling units exclusively for occupancy by
three or more families living independently of each other but
sharing hallways and main entrances and exits.
4.44,' 0220 ) (fie) Dwelling, Quadraminium A single structure which contains
four i (4) separately owned dwelling units, all of which have
individually separate entrances from the exterior of the structure.
Except where otherwise noted, quadraminiums are applicable
under the same conditions and standards as townhottsmies in this
Code.—
-4,0`2-2-022(57) (45f) Dwelling, Single - Family A detached dwelling unit designed
exclusively for occupancy by one family.
4.022(46-
i 7) ; (4-24g) Dwelling, Townhouses Structures housing three (3). or more dwelling
units of not more than two (2) stories each and contiguous to each other
only by the sharing of one common wall, such structures to be of the town
or row house type as contrasted to multiple dwelling apartment structures.
Each dwelling unit shall have separate and individual front and rear
entrances from the exterior.-
4,02 "1t 7) (h) Dwelling, Two - Family A dwelling designed exclusively for occupancy
by two (2) families living independently of each other.
(ai) Do tbI Twinhome Ri ew . A two- family dwelling
with two (2) units side by side.
1,022(_ 65 7)( i (hi) Duplex A two - family dwelling with one (1) unit
above the other.
w i ($-7)) Dwelling Unit A residential building or portion thereof
intended for occupancy by one (1) family but not including
hotels, motels, nursing homes, seasonal cabins, boarding or
rooming houses, tourist homes, or trailers.
4.02 "? (44,k58) Earth Material Any rock, natural soil or fill and combination thereof:
............ I ........ - (9f -}8-87�
4.022 (8A59) Engineering Geologist A geologist experienced and knowledgeable in engineering
geology and certified by the State of Minnesota to practice engineering geology.
4 �0212 . (48B60) Engineering Geology The application of geologic knowledge and principles in the
investigation and evaluation of naturally occurring rock and soil for use in the
design of civil works.
4.021 ;'. (49A61) Erosion The wearing away of the ground surface as a result of the movement of
wind, water or ice.
4.02 (5862) Essential Services The erection, construction, alteration, or maintenance by public
utilities or municipal departments of underground or overhead telephone, gas,
electrical, communication, water, or sewer transmission, distribution, collection,
supply or disposal systems, including poles, wires, mains, drains, sewers, pipes,
conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and
other similar equipment and accessories in connection therewith for the furnishing
of adequate service by such private or public utilities or municipal departments.
Personal wireless service and commercial broadcasting antennas and towers shall
not be considered an essential service.-
4J12"I (5+63) Equal Degree of Encroachment A method of determining the location of
encroachment lines so that flood plain lands on both sides of a stream are capable
of conveying a proportionate share of flood flows. This is determined by
considering the effect of encroachment on the hydraulic efficiency of the flood
plain along both sides of a stream for a significant reach.
J. )22 (5369) Family One or more persons each related to the other by blood, marriage,
domestic partnership, adoption, or foster care, or a group of not more than four (4)
persons not so related maintaining a common household and using common
cooking and kitchen facilities, exclusive of servants.-
.1.0 (5365)
Final Erosion and Sediment Control Plan (Final Plan) A set of best management
practices or equivalent measures designed to control surface runoff and erosion and
to retain sediment on a particular site after all other planned final structures and
permanent improvements have been erected or installed.
(5466) Filling The act of depositing any rock, soil, gravel, sand, or other material so as
to fill or partly fill a waterbody, watercourse, wetland, channel or natural or
excavated hole, trench, or other swell or depression in the earth.
.02-2 (5567) Flood A temporary rise in stream flow or stage which results in inundation of
the areas adjacent to the channel, or other terrain or buildings not normally under
water.
4. W2, 2 (5668) Flood Frequency The average frequency, statistically determined, for which it is
expected that a specific flood stage or discharge may be equaled or exceeded. By
strict definition, such estimates are designated "exceedence frequency "; but in
practice the term "frequency" is used. The frequency of a particular stage or
discharge is usually expressed as having a probability of occurring once within a
specific number of years.
4A,11 (5769) Flood Fringe That portion of the flood plain outside of the floodway.
................. ............. I ...... I ... I. (eotk-
4.0212 (5970) Flood Plain The channel or beds proper and the areas adjoining a wetland, lake
or watercourse which have been or hereafter may be covered by the regional flood.
FlesdrtFloodplain areas within New Hope shall encompass all areas designated
as Zone A on the Flood Insurance Rate Map.
1.022 (5971) Flood Profile A graph or a longitudinal plot of water surface elevations of a flood
event along a reach of a stream or river.
4 , 0212 (6872) Flood Proofing A combination of structural provisions, changes, or adjustments
to properties and structures subject to flooding, primarily, for the reduction or
elimination of flood damages.
U22 (6473) Floodway The bed of a wetland or lake and the channel of a watercourse and
those portions of the adjoining flood plain which are reasonably required to carry
or store the regional flood discharge.
4,022 (6 74) Floor Area The sum of the gross horizontal areas of the several floors of the
building or the portions thereof, devoted to a particular use, including accessory
storage areas located within selling or working space such as counters, racks or
closets and any basement floor area devoted to retailing activities, to the production
or processing of goods, or to business or professional - offices: However, the floor
area shall- not include basement floor area other than area devoted to retailing
activities, to the production or processing of goods, or to business or professional
offices. In determining the floor area minimum requirements of one family
structures, two family structures and townhouse structures, the area of either
attached, unattached or basement garages not to exceed 200 square feet per
dwelling unit, shall be includedbut shall not include closed breezeways or porches,
or basement (cellar) area other than such area devoted to garage purposes, unless
such basement area meets all requirements for occupancy as living area. Floor area
of other residences shall not include basement area or the area of attached or
unattached garages, enclosed breezeways or porches.
4.022 (6375) Garage Private An accessory building or accessory portion of the principal
building which is intended for and used to store the private passenger vehicles of
the family or families resident upon the premises, and in which no business service
or industry is carried on.
4,022 (647+6) Garage Public A building or portion of a building, except any herein defined as
a private garage or as a repair garage, used for the storage of motor vehicles, or
where any such vehicles are kept for remuneration or hire and in which any sale of
gasoline, oil and accessories is only incidental to the principal use.
1.02 - (6577)
4.0 "" (6678)
Grade (Adjacent Ground Elevation). The lowest point of elevation of the finished
surface of the ground, paving or sidewalk within the area between the building and
the property line, or when the property line is more than five feet from the building,
between the building and a line five feet from the building. Grade also means the
following for purposes of Section 4.03913 of this Code. The vertical location of the
ground surface existing grade means the grade prior to grading; rough grade means
the stage at which the grade approximately conforms to the approved plan; final
grade means the stage at which the grade conforms to the approved plan.
Grading. Changing the natural or existing topography of land.
4,6 1 2 2 (74 Guest Room A room occupied by one or more guests for compensation and in
which no provision is made for cooking, but not including rooms in a dormitory for
sleeping purposes primarily.'
Hardship A situation where property in question cannot be put to a reasonable use
under the conditions allowed by the official controls; the plight of the landowner
is due to circumstances unique to the property, not created by the landowner; and
the variance, if granted, will not alter the essential character of the locality.
Economic considerations alone shall not constitute a hardship if a reasonable use
for the property exists under the terms of the official controls.
.............. I....... 98-��}
4m' (-7-281) Home Occupation A business conducted in a residential area in which the home
is used as the base or central location for operating said business.
.x ( , balls and
stairway a"d in whieh lodging is offtred with or without itteals to ten Or more
guests.
82) Impervious Surface An artificial or natural surface through which water, air, or
roots cannot penetrate.
4 .022 ( 83) Interim Erosion and Sediment Control Plan A set of best management practices
or equivalent measures designed to control surface runoff and erosion and to retain
sediment on a particular site during the period in which pre - construction and
construction - related land disturbances, fills, and soil storage occur, and before final
improvements are completed.
................ ............................. (0�4. 90 07)
i.:22 (-74B8) Industrial Use The use of land or buildings for the production, manufacture,
warehousing, storage, or transfer of goods, products, commodities, or other
wholesale items.
C .; 022(84) (& Automobile Wrecking or Junk Yard Any place where two or
more vehicles not in running condition and /or not licensed, or
parts thereof, are stored in the open and are not being restored to
operation or any land, building or structure used for wrecking or
storing of such motor vehicles or parts thereof, and including
any commercial salvaging and scavenging of any other goods,
articles or merchandise.
(85) Intensive Vegetation Clearing The complete removal of trees or shrubs in a
contiguous patch, strip, row, or block.
............................. f9ra� --, '/
4 , 0 n (-7586) Intermittent A stream or portion of a stream that flows only in direct response to
precipitation.
" Dog " ., 7 ` /' lO Al
.. ......... ............................... - (Code - 97 . 2 34
-4. 022 (7-5C-87) Land Disturbance /Land - Disturbing Activities Any moving or removing by
manual or mechanical means of the soil mantle or top 6 inches of soil whichever
is shallower, including but not limited to excavations.
WII
4.022 (7889) Lot (Of Record) A parcel of land, whether subdivided or otherwise legally
described, as of the effective date of this Code, or approved by the City as a lot
subsequent to such date and which is occupied by or intended for occupancy by
one principal building or principal use together with any accessory buildings and
such open spaces as required by this Code and having its principal frontage upon
a street.
(7.990) Lot. Land occupied or to be occupied by a building and its accessory buildings,
together with such open spaces as are required under the provisions of this zoning
regulation, having not less than the minimum area required by this Zoning Code
for a building site in the district in which such lot is situated and having its
principal frontage on a street, or a proposed street approved by the Council.
4.012" (8691:) Lot Area The area of a horizontal plane within platted or unplatted lot lines.
(8+92) Lot, Base Lots meeting all the specifications in the zoning district prior to being
subdivided into a two family dwelling, townhouse, or quadraminium subdivision.
............................ ..... .. ........... -(o 4 3)
Minnesota Statutes Chapter 1A.01,
4.022 (7889) Lot (Of Record) A parcel of land, whether subdivided or otherwise legally
described, as of the effective date of this Code, or approved by the City as a lot
subsequent to such date and which is occupied by or intended for occupancy by
one principal building or principal use together with any accessory buildings and
such open spaces as required by this Code and having its principal frontage upon
a street.
(7.990) Lot. Land occupied or to be occupied by a building and its accessory buildings,
together with such open spaces as are required under the provisions of this zoning
regulation, having not less than the minimum area required by this Zoning Code
for a building site in the district in which such lot is situated and having its
principal frontage on a street, or a proposed street approved by the Council.
4.012" (8691:) Lot Area The area of a horizontal plane within platted or unplatted lot lines.
(8+92) Lot, Base Lots meeting all the specifications in the zoning district prior to being
subdivided into a two family dwelling, townhouse, or quadraminium subdivision.
............................ ..... .. ........... -(o 4 3)
Minnesota Statutes Chapter 1A.01,
4A - 212 (8Z93) Lot, Corner A lot situated at the junction of and abutting on two or more
intersecting streets; or a lot at the point of deflection in alignment of a single street,
the interior angle of which is one hundred thirty- five(135) degrees or less.
($394) Lot, Depth The shortest horizontal distance between the front lot line and the rear
lot line measured from a ninety (90) degree angle from the street right -of -way
within the lot boundaries.
.022 (8495) Lot, FrarrtageFront The front of a lot shall be, for purposes of complying with this
Code, that boundary abutting a public right -of -way having the least width.
4.0 .2 (8-596) Lot, Interior A lot, other than a corner lot, including through lots.
4M22 ($697) Lot, Line A property boundary line of any lot held in single or separate
ownership; except that where any portion of the lot extends into the abutting street
or alley, the lot line shall be deemed to be the street or alley right- of -way.-
M,211! (8498) Lot, Through A lot fronting on two parallel streets.
4A'2 (899) Lot, Unit Lots created from the subdivisions of a two family dwelling, townhouse,
or quadraminium having different minimum lot size requirements than the
conventional base lots within the zoning district.—
t 0 (89100) Lot, Width The shortest horizontal distance between the side lot lines measured
at right angles to the lot depth at the front setback line.
....... (CPotle 8R684�
•i.() „)', (98101) Manual of Standards A compilation of technical standards and design
specifications adopted by the City as being proven methods of controlling
construction - related surface runoff, erosion and sedimentation.-
l 02 (94102) Motor Freight Terminal (Truck Terminal) A building in which freight brought by
motor truck is assembled and sorted for routing in intrastate and interstate
shipment.
4.022 (96103) Natural Drainage System All land surface areas which by the nature of their
contour configuration, collect, store and channel surface water run -off.
.1A) -2 2 (9-7104) Natural Obstruction Any rock, tree, gravel or analogous natural matter that is an
obstruction and has been located within a waterbody, watercourse, or wetland by
a non -human cause.
4J'22 (98.105) Non - Conforming Structure or Use Any structure or use which on the effective
date of Ord4 t anee 7 9 ' ' , July 5, 1979, does not, even though lawfully established,
conform to the applicable conditions if the structure or use was to be constructed
or developed under the requirements of this Code.
$ .022 (99106) Normal High Water Mark A continuous mark of reference at an elevation where
land and water meet for some period of record; is commonly that point where the
natural vegetation changes frompredominantly aquatic to predominantly terrestrial.
WATAWWAK Zo ..
.�' (10.1 -7) Obstruction (Flood Plain) Any dam, wall, wharf, embankment, levee, dike, pile,
abutment, projection, dredged soil, channel modification, culvert, building, wire,
fence, stockpile, refuse, fill, structure, stockpile of sand or gravel or other material,
or matter in, along, across, or projecting into any channel, watercourse, lake bed,
or regulatory fia l floodpiam which may impede, retard, or change the
direction of flow, either in itself or by catching or collecting debris carried by
floodwater.-
i 22 (10 -18) Off - Street Loading Space A space accessible from the street or alley in a building
or on the lot, for the use of trucks while loading or unloading merchandise or
materials. Such space shall be of such size as to accommodate one truck of the
type typically used in the particular business.
............ .............................ems
&,012 (1 0 Open Outdoor Storage Any open land used or occupied for the purpose of outdoor
storage of material, equipment, product or semi - trailers accessory to the principal
use of the property. Outdoor storage shall not include the temporary parking of
licensed and operable motor vehicles in designated parking stalls, or trucks being
serviced in designated loading areas.
4.022 2 (- 03110) Open Sales Lot Any open land used or occupied for the purpose of buying selling
and/or renting merchandise and for the storing of same prior to sale.
1,0 "11" 2 (183Al11) Ordinary High Water Level The boundary of public waters and wetlands which
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 flowages, the
ordinary high water level is the operating elevation of the normal summer pool.
.. .......... .. ....I ........ I .......... - (C7h -4 9847)
-i.t 1 ' 2 (18412) Out - Patient Care Medical examination or service available to the public in a
hospital. This service is provided without overnight care and shall be considered
a separate, independent, principal use when combined or operated in conjunction
with a hospital.
.:' (1-8113) Outdoor Sales of Seasonal Farm Produce The sale, from an outdoor location
which may include a temporary structure, tent, kiosk, booth or truck bed, by
vendors who are not a part of the principal use otherwise occurring on the site, of
Christmas trees or other agricultural commodities harvested in season and hauled
fresh to the site.
4 (18-+14) Parking R amp . An accessory structure designed and used for the storage of motor
vehicles at, below and/or above grade.
i3O. (18615)
Parking Space An area, enclosed in the main building, in an accessory building,
or unenclosed, sufficient in size to store one automobile, which has access to a
public street or alley, permitting satisfactory ingress and egress of an automobile.
� 684#
,022" (4796 - -A116) Permittee The applicant in whose name a valid permit or license is duly issued
pursuant to this Code and hislhertheir agents, employees and others acting under
lre rtheir direction.
.......... ............................ -f9 e 9019;;
4 .022 (1817) Permitted Use A use which may be lawfully established in a particular district or
districts, provided it conforms with all requirements, regulations, and performance
standards (if any) of such districts.
1.022 ( 118) Personal Services Personal Services shall include the following: barber shops,
beauty salon, electrolysis, manicurist, tanning parlor, physical therapy, therapeutic
massage, and tattooing.
............ ...........................(6*d 9:51
-Lo I2 (18$1,9) Person An individual, firm, partnership, association, corporation, or organization
of any kind. Person also means an adult who is handicapped by reason of mental
retardation, mental illness, chemical dependency, or physical handicap and a child,
whether handicapped or not, as defined per Minnlaf-Mfimesota Statutes Section
285 O'1 `ti1Z TLlII��
,
4.0-22 (109) Physieally 41andie 245A.02, Subd. 4.
U (120) Physical Disability Encompasses those orthopedic, incoordinative, sight, and
hearing disabilities that culminate in the significant reduction of mobility,
flexibility, coordination, or perceptiveness and that, singly or in combination,
interfere with the individual's ability to live and function independently; that are not
the result of the normal aging process; and that are medically diagnosed as chronic
conditions.
.......... . ...... . ......................... - (4_�zad9�2
4J's22 ( 121) Physically ffgndei�Disabied Citizen Residential Housing Housing within the
City which is particularly suitable as to location and amenities intended solely for
physically handiexppeddisablecl persons.
............. I - (fly -&8-49)
4.022 (14-022) Planned Unit Development (PUD) Grouping of land parcels for development
under integrated management, planning, architecture, operation and maintenance.
Also identified by its initials, PUD or P.U.D.
4M22 (14423) Principal Use The main use of land or buildings as distinguished from subordinate
or accessory uses. "Principal use" may be either permitted or conditional. Such a
use is to be interpreted in the general, broad sense of a given use classification,
such as residential, commercial, industrial, etc. and is comprised of and limited to
one or more activities specified in a given zoning district.
......................... I ............. {9t4. ;z9 i 4, 8- 3}
iJQ2 (+32124) Public Uses Uses owned or operated by ti.itmieipal, school districts, municipal,
county, state, or other governmental units.
i .o - ` (442-M 25) Public Structure An edifice or building of any kind, or any piece of work
artificially built up or composed of parts joined together in some definite
manner which is owned or rented, and operated by a federal, state, or
local government agency.
, y > (342B126) Public Waters Any waters as defined in N1inn-.—Sfqt-.Mimiesota Statutes
j4-04GSection 103G.005, Subd. 15 and 15a.
.... ........... I .......... I ........ - .984
,0212 (127) Reach A hydraulic engineering term to describe a longitudinal segment of a
stream, river or creek influenced by a man -made obstruction. In New Hope, the
segment of a stream between two consecutive culverts; under streets or highways
the stream would most typically constitute a reach.
............... ............................... ((qr4 8tg9)
i.€ (11628) Recreation, Field or Building An area of land, water or any building in which
amusement, recreation or athletic sports are provided for public or semi - public use,
whether temporary or permanent, except a tkeatt - e theater, whether provision is
made for the accommodation of an assembly or not. A golf course, arena, baseball
park, stadium, circus or gymnasium is a recreation field or building for the purpose
of this Code.
4 , 0 2 2 (1-1- 24)
Recreational Vehicle A-s elf- propelled or trailered vehicles which isare used
primarily for recreational - leisure time activities md-pt rpeset
..I ......... .............1...11.1.......... 67-2 }
4,0,� 2 (130) Regional Flood A flood which is representative of large floods known to have
occurred generally in Minnesota and reasonably characteristic of what can be
expected to occur on an average frequency in magnitude of the 100 year recurrence
interval. Regional flood is synonymous with the term "base flood" used in the
Flood Insurance Rate Map.
.......... I .... I ......................... ft9r,4. 80- �3�B�j
,022 (449131) 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 flood
plain that result from designation of a floodway.
4.o (67-132) GrettpResidential Care Facility Any sState licensed facility, public or private,
which for gain or otherwise regularly provides one or more persons with a twenty-
four (24) hour per day substitute for care, food, lodging, training, education,
supervision, habilitation, rehabilitation, and treatment they need, but which for any
reason cannot be furnished in the person's own home, - GrMresidential care
facilities include, but are not limited to: state institutions under the control of the
commissioner of public welfare, foster homes, senior foster care, residential
treatment centers, maternity shelters, group homes, residential programs, or schools
for handicapped children, as defined bym " Minnesota Statutes Section
245A.�Le2, Subd. 614.
4.022(120) ft�gattfa-nt. , kn establishment whieli serves food i" ar on, t1aft disposa-ble dishels-.
building whefe food is served for eoftstmption by waiters or waittesses rathef th
of intoxieatittg liqttor oil wine shall have the iteaning 4eseribed in seetion 19.038
of this Gode.
,o22 (442-A133) Sediment Earth material deposited by water or wind.
i. €M (4. -B13) Secondary Use A use of land or of a building or a portion thereof which is
subordinate to and does not constitute the primary use of the land or building.
...... ..I ..................... ......... - (Ord. -';4)
4U)'2 2 (1226135) Semipublic Use 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.
1.022 (48136) Elder* f Senior Citizen) Housing A public agency owned, controlled, or financed
multiple dwelling building with open occupancy limited to persons sixtyfifty -five
(55) years of age or over.
,01 (137) Sensitive Resource Management 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.
. ............................... 98
4.00'2 (123138) Setback The minimum horizontal distance between a building, street lot line,
shoreline or bluff. The setback distance is measured at ground level from the lot
line, lake ordinary high water level, top of bluff, or street right -of -way, to a point
on the ground directly under the most outwardly extended portion of the side of the
structure nearest the lot line, lake ordinary high water level, top of bluff or street
right -of -way.
.............. ............................... (Of 17)
4 0 2 2 (12439) Shopping g enter An integrated grouping of individual retail and service stores
located in one or more principal buildings, sharing parking, entrance and exit areas,
under single ownership or unified control. Shopping centers are planned unit
developments and processed accordingly.
4 J)22 (124A140) Site. A space, parcel or parcels of real property owned by one or more than one
person which is being or is capable of being developed as a single project.
....... I ................... I .......... -(6�4 90 07)
4.o2 � (}-24-5141) Shore Impact Zone Land located between the ordinary high water level of a public
water and a line parallel to it at a setback of fifty (50) percent of the structure
setback.
.. ..... . ............. I .............. ..- (Or,4. 98 ,7)
-i .0'2 (425142) Sl The degree of deviation of a surface from the horizontal, usually expressed
in percent or degrees. Slope also means an inclined ground surface the inclination
of which is expressed as a ratio of horizontal distance to vertical distance.
40 22 2 (125x143) Soil. Naturally occurring superficial deposits overlying bedrock.
4,0 (42-5D144) Soils Engineer A civil engineer experienced and knowledgeable in the practice of
soils engineering.
:3.022 (125G145) Soils Engineering The application of the principles of soil mechanics in the
investigation, evaluation and design of civil works involving the use of earth
materials and the inspection and testing of the construction thereof.
4,0x"'2 (4-2-54146,) Specified Anatomical Areas
4A22(+ I46) (ia) Less than completely and opaquely covered human genitals,
pubic region, buttock, anus, or female breast(s) below a point
immediately above the top of the areola; and-
4 4"2--4 14 ) (0) Human male genitals in a discernibly turgid state, even if
completely and opaquely covered.
4.012, (345e147) Specified Sexual Activities
u.;.t "t i w , 14 � (fia) Actual or simulated sexual intercourse, oral copulation,
anal intercourse, oral -anal copulation, bestiality, direct
physical stimulation of unclothed genitals, flagellation
or torture in the context of a sexual relationship, or the
use of excretory functions in the context of a sexual
relationship, and any of the following sexually- oriented
acts or conduct: anilingus, buggery, coprophagy,
coprophilia, cunnilingus, fellatio, necrophilia,
pederasty, pedophilia, piquerism, sapphism, zooerasty;
or
4.0220 l 47') (Rb) Clearly depicted human genitals in the state of sexual
stimulation, arousal or tumescence; or
4 , 022 ( 4 idi N (iHe) Use of human or animal ejaculation, sodomy, oral
copulation, coitus, or masturbation; or
)22(4-- �-e 14 7) (ivd) Fondling or touching of nude human genitals, pubic
region, buttocks, or female breast; or
Situations involving a person or persons, any of whom
are nude, clad in undergarments or in sexually
revealing costumes, and who are engaged in activities
involving the flagellation, torture, fettering, binding or
other physical restraint of any such persons; or
l 24 iti` 1 7) (v4f) Erotic or lewd touching, fondling or other sexually -
oriented contact with an animal by a human being; or
,0 47) (wig) Human excretion, urination, menstruation, vaginal or anal
irrigation.
........... I ..........
- � �}
1 (4-2-5-F,148) Steep Slope 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 Code. Where specific
information is not available, steep slopes are lands having average slopes over
twelve (12) percent, as measured over horizontal distances of fifty (50) feet or
more, that are not bluffs.
............... - f9r,4. 98 --1-)
4.022 (12649) Story That portion of a building included beneath the upper surface of a floor and
upper surface of floor next above, except that the top -most story shall be that
portion of a building included between the upper surface of the top -most floor and
the ceiling or roof above. If the finished floor level directly above a basement or
cellar, or unused underfloor space is more than six (6) feet above grade as defined
herein for more than fifty (50) percent of the total perimeter or is more than twelve
(.12) feet above grade as defined herein at any point, such basement, cellar, or
unused underfloor space shall be considered as a story. -
-i. , 2.2 (12450) Street Frontage The proximity of a parcel of land to one or more streets. An
interior lot has one street frontage and a corner lot has two frontages.
4.022 (12451) Structure 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 and travel trailers /vehicles.
}.02 (424A152) Tattooing The marking of the skin of a person with insertion of permanent colors
by introducing them through puncture of the skin.
i. (128D153) Therapeutic Massage A scientific health care, health maintenance and
rehabilitation technique, carried out by a massage therapist, involving the
massaging and kneading of human skin, muscles and tissues for the exclusive
purpose of easing mental and physical tension, alleviation of aches and pains, the
breaking up of fatty tissues and muscle spasms, physical fitness, relaxation,
beautification, or improvement of circulation through the body, and for no other
purpose.
................. .............. .......( )
1.02 (429A154) Trees, Understory /Overstory
154 (a)
Overstory - A tree with a normal mature height of twenty -five
(25) feet or more.
4 02 5�, ` 4 15 4 1(b)
Understory - A plant with a normal mature height of less than
twenty -five (25) feet.
........... :
1 J) (13055) Use. The purpose or activity for which the land or building thereon is designated,
arranged, or intended, or for which it is occupied, utilized or maintained, and shall
include the performance of such activity as defined by the performance standards
of this Code.
-1. II' (13+56) Useable Open Space A required ground area or terrace area on a lot which is
graded, developed, landscaped and equipped and intended and maintained for
either active or passive recreation or both, available and accessible to and useable
by all persons occupying a dwelling unit or rooming unit on the lot and their
guests. Such areas shall be grassed and landscaped or covered only for a
recreational purpose. Roofs, driveways and parking areas shall not constitute
useable space.
, U)2 12' (14457) Variance The waiving by Council action of the literal provisions of the Zoning
Code in instances where their strict enforcement would cause undue hardship
because of physical circumstances unique to the individual property under
consideration.
4.o" (4-3-2-A158) Water- Oriented Accessory Structure or Facility A small, above ground building
or other improvement, except stairways, fences, docks, and retaining walls, which
because of the relationship of its use to a surface water feature, reasonably needs
to be located closer to public waters than the normal structure setback. Examples
of such structures and facilities include gazebos, screen houses, pump houses, and
detached decks.-
1,02 (13359) Waterbody A body of water (lake, pond) in a depression of land or expanded part
of a river, or an enclosed basin that holds water and surrounded by land.-
, 021'." (13460) Watercourse A channel or depression through which water flows, such as rivers,
streams, or creeks, and may flow year - around or intermittently.
i.t22 (13561) Watershed The area drained by the natural and artificial drainage system, bounded
peripherally by a bridge or stretch of high land dividing drainage area.
,1 0 2 (£36162) Wetlands Swamps, bogs, marshes, potholes, wet meadows, and sloughs are
wetlands, and properly, may be shallow waterbodies, the waters of which are
stagnant or actuated by very feeble currents, and may at times be sufficiently dry
to permit tillage but would require drainage to be made arable. The edge of a
wetland is commonly that point where the natural vegetation changes from
predominantly aquatic to predominantly terrestrial. An area where water stands
near, at, or above the soil surface during a significant portion of most years,
saturating the soil and supporting a predominantly aquatic form of vegetation, and
which may have the following characteristics:
4. 022(1-3 , 6 1 tat (a) Vegetation belonging to the marsh (emergent aquatic), bog, fen,
sedge meadow, sltrttdshrub land, southern lowland forest
(lowland hardwood), and northern lowland forest (conifer
swamp) communities. (These communities correspond roughly
to wetland types 1, 2, 3, 4, 6, 7, and 8 described by the United
States Fish and Wildlife Service, Circular 39, "Wetlands of the
U.S., 1956).
162) (b) Mineral soils with gley horizons or organic soils belonging; to
the Histosol order (peat and muck).
4.02244 �� 1 62) (c) Soil which is water logged or covered with water at least three
months of the year.
l 022 ( 163) Yard Except as permitted in the yard encroachment provisions, a yard shall be
defined as an open space on the lot which is unoccupied and unobstructed by
artificial structures from its lowest level to the sky. A yard extends along a lot line
at right angles to such lot line to a depth or width specified in the yard regulations
for the zoning district in which such lot is located.
i.t (13864) Yard, Front A yard extending across the front of the lot and lying between the
front line of the lot and the nearest line of the building.
4.01 (13465) Yard, Rear A yard extending across the full width of the lot and lying between the
rear line of the lot and the nearest line of the principal building.
1.022 (14866) Yard, Side A yard between the side line of the lot and the nearest line of the
principal building and extending from the front line of the lot to the rear lot line.
4.03 GENERAL PROVISIONS
4.031 Non - Conforming Buildings, Structures and Uses
4M31 (1) Purpose It is the purpose of this section to provide for the regulation of non -
conforming buildings, structures and uses and to specify those requirements,
circumstances and conditions under which non - conforming buildings, structures
and uses will be operated and maintained. The Zoning Code establishes separate
districts, each of which is an appropriate area for the location of uses which are
permitted in that district. It is necessary and consistent with the establishment of
these districts that non - conforming buildings, structures and uses not be permitted
to continue without restriction. Furthermore, it is the intent of this section that all
non - conforming uses shall be eventually brought into conformity.
41.13 3 (2) Grandfather Clause Any structure or use lawfully existing on July 5, 1979, shall
not be enlarged, but may be continued at the size and in the manner of operation
existing upon such date except as hereinafter specified or, subsequently amended.
4.0 1 (3) Remedial Work Nothing in this Code shall prevent the placing of a structure in
safe condition when said structure is declared unsafe by the Building Official
providing the necessary repairs shall not constitute more than fifty (50) percent of
fair market value of such structure. Said value shall be determined by the City
Assessor.
1.001 (4) Moving of Non- Conforming, Structures No non - conforming building, structure
or use shall be moved to another lot or to any other part of the parcel of land upon
which the same was constructed or was conducted at the time of this Code adoption
unless such movement shall bring the non - conformance into compliance with the
requirements of this Code.
4,(33, 1 (5) Reversal of Non - Conformity When any lawful non - conforming use of any
structure or land in any district has been changed to a conforming use, it shall not
thereafter be changed to any non - conforming use.
1.().3 1 (6) Reduction of Non - Conformity A lawful non - conforming use of a structure or
parcel of land may be changed to lessen the non - conformity of use. Once a non-
conforming structure or parcel of land has been changed, it shall not thereafter be
so altered as to increase the non - conformity.
4 ffl 1 (7) Partial Destruction If at any time a non - conforming building, structure or use shall
be destroyed to the extent of more than fifty (50) percent of its fair market value,
said value to be determined by the City Assessor, then without further action by the
Council, the building and the land on which such building was located or
maintained shall, from and after the date of said destruction, be subject to all the
regulations specified by these zoning regulations for the district in which such land
and buildings are located. Any building which is damaged to an extent of less than
fifty (50) percent of its value may be restored to its former extent provided
reconstruction is completed within twelve (12) months of said damage. Estimate
of the extent of damage or destruction shall be made by the Building Official.
1.03 1 (8) Discontinuance Whenever a lawful non - conforming use of a structure or land is
discontinued for a period of six (6) months, Fo llowing written notiee fTo
attthorited ftgent of the , any future use of said structure or land shall be made
to conform with the provisions of this Code.
:1.031 (9) 1
Alterations N Alteration and normal maintenance of a building or
other stmeture eontaining or related to a lawful non - conforming nse is permitted;
physieally extend or building or structure may be made provided:
4,03 1 (9) (a) The alterations do not expand the building size.
,1,031 (9) (b) The alterations do not change the building occupancy capacity or parking
demand,
4.03](9) (C) The alteration does not increase the .
.................. .........I....- fF-ad19�
4,031, (41) Aftefations maybe made to a building non - conformity of
the building or the use:
, 4, 031 (10) Expansion of Non -Conforming Buildings or Structures
.03 3 (,ii) (a)
4,031i i0')(a) () Expansion of buildings found to be non - conforming only by
reason of height, yard setback, lot area or off-street parking ma
be permitted provided the structural non - conformity is not
increased and the expansion complies with the performance
standards of this Codex
4, 03M I M d) (ii) Lawful non - conforming single family and two family units may
be expanded to improve the livability thereo — proved
O"provided the non- conformity of the structure is not
increased. ,
„ 1.03, ( , 0) (b) Conditional htse Permit Lawful non - conforming commercial, industrial,
4.03, ( 10)(b) (i) Expansion of buildings found to be non - conforming only by
reason of height and setback are exempt from requiring a
conditional use permit'
Administrative Approvals The expansions of lawful non - conforming
residential. units when thqy single family or two family residential
b 3 (ii) Except for the above, the expansion will not increase the jittffibe r
of e1welling tittits, or the number of bedrooms in any b
unit, of s or-v ° non - conformity of the building-
or site..
,031(10 )(by (ill) The new building expansion will conform with all applicable
performance standards of this Code. A conditional use permit
shall not be issued under this section for a deviation from other
requirements of this Code unless variances are also approved,
1.1.3 t 3 0)(b) (iv) The !request for conditional; use permit shall be evaluated based
on standards and criteria set forth in Section 4.333 of this Code.:
4.131 (
as to area or width may be utilized for single family detached dwelling purposes
provided:
4,03 1 (1 1) (a) The lot measurements for lot area and width are within seventy -five (75)
percent of the applicable zoning district standards.
4,031(1 0 (b) The building setbacks of the applicable zoning district or Section 4.0133
(6) of this Code are met.
4.032 General Building Requirements
1.031 (1) Dwelling Unit Restriction
4,0320) (a) Garages and Tents as Dwellings No garage, tent or accessory building
shall at any time be used as living quarters, temporarily or permanently.
Camping trailers or recreational vehicles may be used for temporary
living quarters onprivateproperty for periods not to exceed one (1) week.
1. t' `m'( I ) (b) Basements as Living Quarters Basements and cellars may be used as
living quarters or rooms as a portion of the principal residential dwelling,
provided they meet the applicable regulations of the Building Code.
4 032 1 (c) Recreational Uses Tents, playhouses, or similar structures may be used
for play or recreational purposes.
U62 (2) Minimum Floor Area Per Dwelling Unit
�y laalMlP \!M J\!!l;!lal3i):f �. t1 :��1i� :)!N! ►.IRRR:R %:�!l.l :lr.! \541
. 1. i. R�aa t: ��aia�aaaa•l ll:ia:.:alsliiiaa :iaaran:�:n�:i ice
: " : - It uena:nil:p]a��r lasnr�riz.a:i: !
- J I NIUIRI�aI:Ill:l:I t:l
F-ttttire ° + °eets7.�( ne, two family dwellings and townhouses The
minimum habitable floor area for these types of buildings shall be se
plaeed that they will not obstruet ftAttre streets whieh may be eonstfuet
by flie Gity in eottformity with existing stfeets and aeeording to the system
• .
Single Family Dwelling'
Two Family Dwelling and
Townhouse
unity
Efficiency units
One bedroom units
Two bedroom
More than two bedroom
units - an additional 100
1,000 square feet
500 square feet
600 square feet
750 square feet
square feet for each
additional bedroom.:
1,032 (3) Maximum Unit Tvve
Efficiency
exceed five (5) percent of the
(€b) 13auh4Thre'e "~� (3) or More, Bedroom Apartments
flnThe number of dwelling units containing three (3) or more
bedrooms in a g oft
both street lit t e i m iultiple dwelling containing eight (8) or more
units shall be &ont lot lines exceed for
pai4ing regulatiot&ty (40) percent of this Gode tbe total mmnber
of apartments within a single building.
4 A,132 (34) Building Width In no event shall either the length or width of a residential
principal building referred to in Section 4.032.() be less than twenty -four: (24)
feet.
4,032 (5) Building and Structure Heights
4 (a) All buildings and strut
1 03 ()(b) (i)
Belfries.
4,031`45)(b) (ii)
Chimneys or flues.
i 0,,. 2 )(b) (iii)
Church spires.
,0132(5)(1) (iv)
Cooling towers.:
4,032(5)(b) (v)
Cupolas and domes which do not contain useable space.
4.032(5)(b) (vi)
Elevator penthouses.
4,032'(5)(t)) (vii)
Flag poles mounted on a building.
4,03 2(5)(b) (viii)
Parapet walls extending not more than three (3) feet above the
limiting height of the building.
4.0 . # r`s)(h) (h)
Water towers,
Efficiency units 440 square feet
One bedroom 520 square feet
Two bedroom 700 square feet
4,032( ) (b) (x)
4.032(5 )f) (xi)
4,03520 )(x i)
4, 032( `iib (xiii
Necessary mechanical and electrical appurtenances,.
Poles, towers and ether structures for essential services.
Personal wireless service and commercial broadcasting antennas
not exceeding twenty (20) feet above the roof of the antenna
support structure.
Antenna towers,
4 (c) Mechanical equipment must meet the following standards
i.0,i,2(� )i O (i) Rooftop mechanical equipment shall not exceed the building
height standards by more than ten (10) feet.
1033( 5)(c )(ii) All rooftop and ground mounted mechanical equipment shall be
buffered so as to mitigate noise in compliance with Chapter 9 of
the City Code,
1 0 2(5(c) (iii) All rooftop and ground mounted equipment shall be painted or
color clad to match the building or screened from view with
secured fencing or parapets in a harmonious colon
4,032(5 (d)
4.032 (6) Accessory Buildings, Uses and Equipment An attached garage or attached
accessory building shall be considered an integral part of the principal building.
Attached garages and attached accessory buildings shall meet all required building
setbacks of the applicable zoning district. Detached garages and accessory
buildings must comply with the location, setback, size and area restrictions of this
section.
..... .................. I ............. I........ 8 :5)
i ( ) 3s2 a;i' (a) Permitted Locations and Setbacks Accessory garages and buildings, both
attached and detached, are permitted in side yards and rear yards.
Detached structures are also subject to the following setback conditions:
Use (, �6 )t a) (i) side yard interior 5 feet
.x)_32(-' a6) w (ii) side yard abutting a street 20 feet
4.032( (iii) side yard abutting a collector or
arterial street 30 feet
1 , 0 FP a) (iv) all rear yards aeeessMyards-accessory buildings 5 feet
i 0 '2 (:'3�6)(aa) (v) all rear yards -- garage 10 feet
of Transportation as part of the requited applicable permit request. This
4. 0- 3 32(: �Y 6) (b) Prohibited Locations No garage or accessory building shall be located
in any front yard or a drainage and utility easement.
032('3,6) (c) Permitted Side Yard Setback Vga Reduction Notwithstanding
§4Section 4.O32(336)(a)(ii) and (iii) of this Code, a three (3) foot
vftr4ftiteereductiun into a required side yard abutting a street will be
permitted for construction of an accessory building or garage subject to
an administrative permit and the following conditions attd §4.22 oft
Gode!
4.03 (t,# (i) The physical constraints of the lot make the encroachment
necessary to maximize indoor storage on the property which
would be prevented by strict compliance with setback standards.
i 032(-' )f (ii) The proposed structure will not be located in a drainage or utility
easement.
1 0, 32(, 6)(c) (iii) The City- Eeuneil shall determine that the building will not
negatively impact the neighboring or adjacent property.
i 0 2(�°�56 )# c 0 (iv) The same or similar quality building material shall be used in the
accessory building as in the principal building. Additionally, the
exterior appearance and architectural design of the accessory
building are to be similar to that of the principal building.
4 t) 3 2 'q.'I '➢ (d) Area Limits, General Accessory building and garage area in the R - 1 and
R -2 Zoning Districts shall be limited to a combined total area of 1,400 sq.
ft. Alson, no individual garage shall exceed 1,000 square feet of floor
area or exceed 15 feet in height. No storage type building shall exceed
400 square feet of floor area or exceed 12 feet in height. Construction of
storage type accessory buildings or garages are regulated by Minnesota
State Building Code as identified as Chapter 3 of this Code. (f31 '3)
i
'I' '
....... MY I i
-- .......
WON-
, :i.t 12(6 ) (e) Garages for ainf4le Family and Two Famrly Lots Every single tartly
and two family dwelling unit hereafter erected shall be so located on the
lot so that garage space for at least two (2) vehicles, either attached or
detached, can be located on said lot.
Off- street parking for any residential use shall be in accordance with Section 4.035'
of this Code.
ai 031 6) (f) Limit on Numbers Every lot in the R -1 and R -2 Zoning Districts shall be
limited to no more than two (2) accessory buildings, including an attached
garage.
i M '( ::V(O (g) Air Conditioners Accessory uses or equipment such as air conditioning
cooling structures or condensers (ground mounted) which generate noise
shall be located in rear yards behind Oie reaf bttildiftg 1 . Air
conditioning cooling structures or condensers may be located within a
required side yard _, t h e _ f f : v date of t his se e t io n _, l f y
vtr m ay r iuii
provided the following
conditions are met:
The cooling structure or condenser shall not produce noise levels
contrary to §§48ections 9.423 and 9.424 of this Code.
4.0 2( (ii) The cooling structure or condenser shall be screened by
landscaping, fencing, or othermeans rendering it concealed from
view from adjacent property.
1 0 ,.' Z6 (g' (iii) The cooling structure or condenser shall not lie within a required
drainage and/or utility easement.
4i 0.3,2 , 3`6) (h) Accessory Antennas Accessory Antennas shall be limited to radio and
television receiving antennas, satellite dishes, TVROs, short-wave
dispatching antennas and amateur short-wave radio transmitting and
receiving antennas. Accessory Antennas that are accessory to the
principal use of property are permitted accessory uses in all zoning
districts provided they meet the following conditions:
4.012( 416)(1 0 (i) Height A ground mounted accessory antenna shall not exceed
twenty (20) feet in height from ground level. The height of an
accessory antenna attached to an antenna support structure may
exceed five (5) feet; above the: pear of the roof of the principal
building. An accessory antenna in excess ofthe aforementioned
height standards may be allowed by conditional use permit
4,o,3 "I"' 10 (ii) Yards Accessory antennas shall not be located within the
required front yard setback or side yard setback abutting a street,
except for wall mounted antennas less than twenty- four (24)
inches in dimension, wall mounted to a principal building and
the setback encroachment does not exceed two (2) feet.
0 b 2f: 6)(1i) (iii) Roofs If vegetation or obstructions interfere with satellite
signals at a location in any allowable placement area, the
accessory antenna may be placed on the roof of any authorized
structure on the premises.
4.Y.6 (iv) Setbacks The height of the aeeessory atftma attaehed to
permit. 4 the roof only by eanditional use Accessory antennas
shall not be located within five (5) feet of any lot lines of
adjoining lots or within a drainage or utility easement.
4 2#:46 x saa (v) Building_ Permits A building permit shall be required for the
installation of any accessory antenna requiring a conditional use
pen Building permit applications shall be accompanied by
a site plan and structural components data for the accessory
antenna, including details of anchoring. The Building Official
must approve the plans before installation.
4 0.1 - 2 (46)( � ) (vi) Lightning Protection Each accessory antenna shall be grounded
to protect against natural lightning strikes in conformance with
the National Electrical Code as adopted by the City of New
Hope.
03 "€ - 6)0?) (vii) Electrical Code Accessory antenna electrical
equipment and connections shall be designed and
installed in conformance with the National Electrical
Code as adopted by the City of New Hope.
(viii) Color /Content Accessory antennas shall be of a
neutral color and any lettering or scenes contained on
said device qualifying it as a sign shall be subject to the
regulations of Sections 3.40 through 3.485 of the New
Hope Sign Code.
&. i# (ix) Effective Date The provisions of this section shall be applicable
to all accessory antennas erected after April 7, 1988. All such
structures existing prior to this date shall be addressed as legal
non - conforming uses.
fi g-9- 4-
.............................. -(9t - 4 98 -§)
4.033(3)(a) (ii) The I equired sereeftin , . . speeified in subseetiott (d)
of this seetiott, shall supersede,-where applieable, thejff-&�
of this Sebseetion-.
:. -
.0 (b) Residential Fefteiit� and Se.
`>i>is sLetionr
be least
StIbjeef to the getiefal provisions of
five f6p
4.033(3)(b) (i) Fenees shall at
ed as walls and will
Fenees f;Drty
(5) pereent opett pft"age-o+-air
be reqttited to meet btii4ding setbaeks.
ifiehes in height less may
4.033(3)(b) (H) Shaft Fettees.
Fenees
two (42) or
feet in heiglit
(iii) Tall Fenees. up
wi4iin t1te required side
Seetiet-4- 834 (4)-
industrial Disb-iet
to eight (8) mty+t��
and rear yard set-baeks of a lot whi
Fenee�, Subjeet to the
-.033(3) (e) Gommefeial and
provisions of this seetion!
A rl__
industrial
general
- be to eight (8)
efeial aftd
ftef in height. Fenees
efeeted tip
in emeess of eight (8) feet shall requite
have projeetij g arms
on e tidition that the arms
or over publie right
prop erty.
r,..-,,.. � in d u str i a l
on whieli barbed wire ean be f�st
and bat-beel wire do tiot ettereaeh onto
of-way or property lines of ae�aeent
t t + '+t i
efe i,.t_..,
4 (::n)
lU I11UU .7L110.1
lull LLt� ma
(i.e., Atueture, parking or storage)
of the fesidemial pfoperty.
business or industry is aeross the
that side of a business or industfy
abuts propefty zoned for residential
b shall also be pfavided where
street from a residential zone, btit not on
eonsidered to be the ftorA (as
MR I
Fol M I i - MI v - M.
:.
: :.
0 - -
: . _
Type and mode are dependent ttpon time of planting season,
Rability, and site eonditions (soils, , ground wafer,
:.
0 - -
: . _
Type and mode are dependent ttpon time of planting season,
Rability, and site eonditions (soils, , ground wafer,
more rows, plantings shall be staggered itt
more thatt five (5) feet on eenfer-.
than three (3) feet on eenter.
Massin of Plants where
intended large deeidttaus shrubs shall not
evergreen slitubs shall not be plaitted more
,
n
rabies
_d , nia . n
FILL IL3 TIY\..�
sp, Fir sp
1l l.S LLLIUVL VA Laaxva � avv.a
and, ereative site grading-,
largely intended for
0
PapiftrPsettdotsti
slimbs
4.03
desi
plant materials,
whieli are
Y ...'' Y .,ses)'
and, ereative site grading-,
largely intended for
aesthetie
G G i i
treated. All exterior areas not paved or
designated as roads, parking
4.a;;443EE3f;dj Eerl All bttildings must have an exterior water
lands
wile
- afa.��a :� rii::s.�a ii wfs n r ..� :a :izti�:a:::i.�.:ar�s r: a: r.. a: ns •�i�.n:��a :iwi:�iaua.w�ai:aez �a.�ar;v::.���,
power, are parked or stored outside fof a period in exeess ofthirty days,
and all oihef materials stored outside ift violation of the Gity Gode are
i : _ _ i _ _ i • _ _ _
.
VWAAMAIMM
wile
- afa.��a :� rii::s.�a ii wfs n r ..� :a :izti�:a:::i.�.:ar�s r: a: r.. a: ns •�i�.n:��a :iwi:�iaua.w�ai:aez �a.�ar;v::.���,
power, are parked or stored outside fof a period in exeess ofthirty days,
and all oihef materials stored outside ift violation of the Gity Gode are
4,933(8) (b) In all afeot4 the ovmier ofvaeam land shall keep 4ttelt land ftee of ,
w eeds a ._, ftst rill
4 ,033( Storage . r'cirmaterials and .
iru �- yuil»iie4it, e n..�-Nt as oN4eir,.u„y uut„�.,.z..,
elsewhere in t4iis , .. ..
to be visible ftorn adjo4tiftg properties, emeept for the follo
4.03
1
Gff
�
, ,
�
Y i
4.033 Lot and Yard Requirements
4 J)-'-',- -033 (1) Purpose. r This section identifies minimum yard spaces,
exceptions, and areas to be provided for in each zoning district.
applicable zoning district. No lot, yard or other open space shall
be reduced in area or dimension so as to make such lot, yard or
open space less than the minimum required by this Code, and if
an- existing yard or other open space is less than the minimum
required, it shall not be further reduced. No required open space
provided about any building or structure shall be included as a
part of any open space required for another structure.
4,0--'4-f3033(3) Platted and U platted Property
Development Revenue Bonds or ! Tax Increment Districts or like
governmentally sponsored financing is involved.
f ..
U323(2) (b) Detailed Data Required Any person desiring to improve property shall
submit to the Building Official a survey or acceptable scale drawing of the
premises and information on the location and dimensions of existing and
proposed structures, location of easements crossing the property,
encroachments, and any other information which may be necessary to
insure conformance to this Code.
4.03,�(2.� (c)
4 . 03 2 3 2 ) (ed) Principal Building Except in the case of Planned Unit Development as
provided for in Section 4.+434 of this Code, not more than one principal
building shall be located on a lot. The words "principal building" shall be
given their common, ordinary meaning; in case of doubt or on any
question of interpretation, the decision of the Building Official shall be
final, subject to the right of appeal as provided in Chapter 1. For
purposes of this Code, all shopping centers shall be interpreted as having
more than one principal building, thus requiring that they be handled
under Section 4.x-934, Planned Unit Development.
1,033 (4) Open S ace
4,033(4) (a
4 0 (4) (b)
4.033 (5) Setbacks All sccozuc�crrsmn z" s - l- rscca- in- rriv— ca
structures shall comply with the setbacks within the applicable district except as
may be required within other sections of this Code. All setbacks shall be measured
from the appropriate lot line.
Future Streets All buildings shall be so placed that they will not obstruct
thirty. -five (35) percent opera space.
. (6) District Setback Exceptions
4.03 3 (6 ( a) Where adjacent structures within the same block have front yard setbacks
ifk .._._,. fro "fl e less than the required minimum,- the front yard
minimum setback shall be the average of the adjacent structures. If there
is aftyonly one adjacent structure, the front yard minimum - setback shall
be the - average of the required setback and the setback of the adjacent
structure. in no ease shall t4ie minimum Front yafd set-baek emeeed thirty
feet:
i _ Ow _ ► .
4,()33 (6) Setbacks along T1iafott0iRffeigArtcrials and Co muniVCollectorStreets
Heavily use Streets designated as arterial or community collector
streets, arms as defined; by the Comprehensive Flan, have
special minimum set baeksetback needs and requirements:
4J),1 43i 46)) b (i) Along streets designated as arterial
streets or community collector streets by the Comprehensive
Plan, the minimum front setback shall be seventy -five (75) feet
from the center line of the street or thirty -five (35) feet from the
street right -of -way line, whichever is the greater setback.
Medicine Lake Road
36t 42nd Avenue North
Tl U.J. f \ V e11U1+ Noyth
Bass Lake Road
West Broadway
Winnetka Avenue
State Highway 169 (including service roads)
Boone Avenue North
4M. (ii) Where the side yard is adjacent to one L'above n �a
thoroughfares; a designated arterial or community
collector street (corner lot) the minimum setback shall
be thirty (30) feet from the right -of -way line or seventy
(70) feet from the center line of the street, whichever is
the greater setback.
elk" MMYMPMV,al
:.
4.034(4)(e) (i) The setbaelt line in eftelt quadrant shall be a 4ine e1rawn fi ft
b the outsideSide and
Rear Yard Setbacks for Industrial Districts Ad "agent to
Railroads In either the Industrial District, the minimum side or
rear yard setback front the lot line of the side or rear yard of the
parcel adjacent to a railroad right - of - way line from its
shall be ten (1 0) feet:
4 33(4 ) (d)
4,033(6) (e)
Sight Trianizle Setback Can corner lots in all districts, no structure or
Permitted Encroachments This subsection is not intended to effect or
make nonconforming any existing building, structure or use.
Accordingly, the following provisions shall pertain to new construction
only. Buildings shall not be built upon or extend over easements of
record. The following structural elements or equipment shall not be
considered as encroachments on yard setback requirements:
i. .'43 %)- (.c) (ai) Building Extensions tensionsInftAllyYards eChimneys,flues,
belt ent tr ay or bow windows, leaders, sills,
pilasters, lintels, ornamental features, cornices, eaves,
gutters, and the like provided they do not project more
than two (2) feet into a yard.
3.t _ +3 (hii) Decks, Stools, etc. In aAll yYards 4Terraces, steps,
decks, stoops or similar features provided they do not
extend above the height of the ground floor level of the
principal structure or to a distance less than three
(3) feet from any lot line.
4m34.' 6)(c ) (eiii) In rear yards -- rRecreational and laundry drying
equipment, arbors and trellises, balconies, breezeways,
open porches, decks, detached outdoor living rooms,
garages, and air conditioning or heating equipment.
Porches, outdoor living rooms which become closed in
and attached to the dwelling subsequent to initial
construction of the principal dwelling shall not remain
exempt from yard setback requirements.
ft r"4 �9- 44 -84-3j
4.03- Area and Bttildittt� Size 4�-E+iilqtimfls
n n n� n......,...- Thi ide n tifi es � - ,.
�� ZILULIIG11T1J 1111111111 U111 area a � •la E"j y ft4. ,
b distriet as listed in the table belowt
• i �' i •' i i r'i• i "
r' r" i • ' - i - i
Single Fami�y 9,500 square feet
Two Family 4 square
m 8 • GG7777D .. s .. .l,vvv square
ElIderly 11v isillb and o
- � • _ i'. it i i "• - ..i i '
i r
- f,
i �• i i.i i" i
i •
4.035(4) Tile bttilding height lindits established herein. for distriets shall not apply to flie
f6ilowing:
4.0 3 5 (4) (a)
BelfHe�
G�ifflfteys or fittes
Ghurelt spires
Mg towefs
Gtipolas and clomes whieli do not eontaift usea-ble spaee
ft4evatof penthouses
4035(4) (b)
A fincl �
(e)
� V_
4. -n 3 S
4. 0 3 S (4) (f)
Exeept f�r
Flftg po4ef�
Mofffifflents
4.035(4)
(h)
feet the limiting height
4.03 5(4)
Parapet walls extending not more thart three above ofthe
btti,14ing.
Water towef s
Neeess- and eleetrieal appmtenaftees
Pole , I r stmetures f6r esseMial servill-
.................. I . . I ....... I ........ 07-26i94, 88 8)
4.0 35(4)
4.035(4) (k)
4.035(4) (1)
4.035(4) (m) Persortal wifeless serviee and eomme-reial broadeasting antemas ttot exeeeding
twenty (20) feet above the roof of the antenna stipport stnteture
4.035(4) (it) Antenna toweft
I. 1 11 ........... I ............... ...... ...... (6. 4. 9 T 4)
44035(6) (a) Q-11
types
-g, two Family dwelli"s and towphouses.
oflottildings shall be as follows!
Dwelling
T4te minimttm floor afea for thes-e
1,240 f;tet
Single F-ftmily
Two Family Dwelling and
Towr4totlse
sqttare
1,050
Exeept f�r
Square
hottsing, liv�ig
4.03 5 (6) (b) Mjqltip4e-dwe4m%��j—!.
multiple
dwellings shall ha-ve the following
Effieieney
elelerly uttits eltts4ified
mimmtim floor areas per ttnit!
599 feet
units
Glte bedroom
square.
609 feet
tfliits
Two bedroom
sqtiare
750
More olaft two bedroom
units an additional
sqttftre 4;tet t;5r eaelt
ftdditional bedroom-.
............
Gitize�n) 4
S4UUM
4 00
I ........ ........ (�7-OtL- 0�2684�
llaiidieavied llottsitlf�. Livi"g
4.035(6) (e) Elderill
elassified
shall
(Senior aftd,
as elderly (settiof eitizett),
have the following mmimttm floor
tmits
pitysieally haftdieapped or R 5 Itottsing-tmits
areas per tmit!
440 feet
Ftflqeieney tinits
sqttare
4,03 s ±(7) T.T TT..;t T..
- i • ' • ' i i ' i i :
Subdivision of Double Bungalow Tinhome Quadraminium or Townhouse Lots The
subdivision of base lots containing dottble —bungalows twinhome , quadraminiums, or
townhouses to permit individual private ownership of a single dwelling unit within such a
structure is acceptable upon approval by the City Council, but is contingent on the following
requirements:
4, 0 3 (11 (a) Meet Zoning Requirements Prior to a doh btu twinhome,
quadraminium, or townhouse subdivision, the base lot must meet all the
requirements of the zoning district.
4 . 0, 1 3- RR 71 (b) Minimum Area and Width The following are minimum unit lot
requirements for doable — bunga twi ho e, quadraminium, or
townhouse subdivisions:
f ouMTwinhorne
- i i' ii'
i
- - �•" - i
f i
�► - e"
i i :i:
Subdivision of Double Bungalow Tinhome Quadraminium or Townhouse Lots The
subdivision of base lots containing dottble —bungalows twinhome , quadraminiums, or
townhouses to permit individual private ownership of a single dwelling unit within such a
structure is acceptable upon approval by the City Council, but is contingent on the following
requirements:
4, 0 3 (11 (a) Meet Zoning Requirements Prior to a doh btu twinhome,
quadraminium, or townhouse subdivision, the base lot must meet all the
requirements of the zoning district.
4 . 0, 1 3- RR 71 (b) Minimum Area and Width The following are minimum unit lot
requirements for doable — bunga twi ho e, quadraminium, or
townhouse subdivisions:
4.035 3(0 ) (e) Principal Structure There shall be no more than one (1) principal
structure on a base lot in all residential districts. The principal
structure on a unit lot created in a double twinlome,
quadraminium, or townhouse subdivision will be the portion of the
attached dwelling existing or constructed on the platted unit lots.
f ouMTwinhorne
Quadraminium
Townhouse
Lot Area
-76,000 sfi
5,000 sq-ft- squaw
5,000
ft-.square feet
feet
sT- square feet
Lot Width
mot
frettt9
40 feet.
20 -€t74 feet
street
37.5 feet
4.035 3(0 ) (e) Principal Structure There shall be no more than one (1) principal
structure on a base lot in all residential districts. The principal
structure on a unit lot created in a double twinlome,
quadraminium, or townhouse subdivision will be the portion of the
attached dwelling existing or constructed on the platted unit lots.
1.03 id 1 7) (d) Conformity to Existing Setbacks The principal structure on the base
lot shall conform to the established setbacks and yard requirements
of the zoning district.
-1,()3- (e) Accessory Uses Permitted accessory uses as defined by the zoning
districts are acceptable provided they meet all the zoning
requirements.
#. is 5 33, 8 (f) Individual Public Utilities Separate public utility services shall be
provided to each subdivided unit and shall be subject to the review
and approval of the City Engineer.
,o3 I ") (g) Platting Required The subdivision shall be platted and recorded in
conformance to all other requirements of the New Hope Platting
Code, specifically including the providing of a Subdivision Bond.
- ........... ............................... f t4 84 3)
4.0364 Performance Standards
4.03 (1) Purpose The regulation
parkin way and to promote the safi�ty and gem welfare of the publie, by
establishing millu — for off-street
in aeeorda-nee with the irAensity oftttilization of the various pareels of land or
Stme CLLTGS.
6-(4)------standards.
4 (
4,03 (3) Fencing and Screening
,,03 ) (a) General Provisions
.:t,i� ���n'� ��� �...�_ i�r <r� -����,. u� i �s��.m�.�r���.._..�rx�r ��� �::. i��•�a��i��.�ri�e����.
negt ji n,43)(ai ) ( The required screening provisions as
specified in Subsection (d) of , this
Section, shall supersede, - inhere
applicable, the provisions of this
Subsection.
J ,0,. ( )(as (ii) All posts or similar supporting instruments used in the
construction of fences shall be faced inward toward the
property being fenced, unless symmetrical.
require the submission ofinformation showing compliance or non - compliance
with the
4,0 4(3)(w.i (iii) No fence shall obstruct natural drainage. No fence shall be
placed within an easement that obstructs or impedes the free
flow of surface water from, or in any drainage easements.
If a fence is constructed within the easement and it is
required to be removed, the City shall not be required to pay
compensation for any such fence.
4,034(3 )1 a � (iv) The height of a fence, in the case of Made separation; shall
be determined on the basis of the e rior fl,.,.° �_....
dimensions of the buildings, strueture or use times tit-e
n umbef of H ears , mittus teit j:.i %ic% ipc as may uv
hetzeittaftef modified.
u a
....... . . ......... . . ..... . .............. ..... .
::
.: . ..
by these zoning regt tlations.
:
INKMEALM : I
- ; W N-11 M
• - • ' • -
Mmeeaverage point between the highest and lowest grade.
assembly in whieh patrons or speetators o-eetipy
benehes, pews of other similar seafing ,
eaeh eighteenIn the case of a corner lot with the
building front oriented to the side yard abutting a
street, fences over forty -two (42) inches o
seating f�eijities shall be —anted as orte se
the pmpose of determining reqttirements.
the parkifig ai-ea for adeqttate snow storage or femoval to
ensttfe the required ntmtbe
of spaees are availab •' _ th
1 _
!
:M J•
•
i
by i designed within the principh"
unless i i i' iftele jie building perm s b
eon vert sa paf s i ft t o a dwe utt or li v i ng afea o r
othef aetMty t intil other adeqttate i i i ade to eomp
vM-4 the re quired i • R ! t
4,0,3 *3)(b) ResidentialFencing and Screening Subject to the general provisions
of this G&46ection,
4A)34 (,. )� it) (i) Fences shall be at least five (S) percent open for passage of
air and light. Fences not meeting this design standard will
be treated as walls and will be required to meet building
setbacks.
4 , 3 4 ( , \(b) (ii) Short Fences. Fences forty -two (42) inches in height or less
may be located on any part of a lot.
„. t; , ()j(b) (iii) Tail Fences. Fences up to eight (8) feet in height may be
located within the required side and rear yard setbacks of a
lot which is behind the required front yard building setback
as defined within the applicable zoning district.
s,031ff 4(4, (ive) Commercial and Industrial District
Fences Subject to en tbe general previsions of this
section
4 /x'34(3)( 0 (i) Commercial and industrial fences may be erected up to
eight (8) feet in height.
feeessFences in excess of eight (8) feet shall require a
conditional use permit;
4,0 4(3 y 6 (ii) Commercial and industrial fences maybe l0eatea less tha
f6rtyerected up to eight (8) feet fframin height. Fences in
excess of eight (8) feet shall require a conditional use
permit.
4,034(3)(c � (iii) Fences which are primarily erected as a security measure
may have projecting arms on which barbed wire can be
fastened commencing at a point at least seven (7) feet above
the intergeetion of " round on condition that the arms and
barbed wire do not encroach onto or more street Wight -off
waysover public right -of w ay or property lines of adjacent
property,
4, 41, n 0( 6 (iv) Commercial and industrial fencing may be located within
the required side and rear yard setback of a lot which is
behind the required front yard: building setback as defined
This distanee the applicable zoning district.
J')3 t( (d) Required Fencing and Screening Where any business or industrial
use (i.e. , structure, parking or storage) abuts, property zoned for
residential use, that business or industry shall provide screening
along the boundary of the residential property. Screening shall also
be provided where a business or industry is across the street from a
residential zone, but not on that side of a business or industry
considered to be the front (as determined by the Building Official).
All the fencing and screening specifically required by this Code shall
be measured ft-o_ t b , _t ton of lot lin o :_..rb li_._..,
to (a), above, and shall consist of either a fence or greenbelt planting
strip as provided for below
U)3 3'ff46Cn °eenff Stall Stand Belts se
green belt planting strip shall consist of evergreen 'trees
and/or deciduous trees and large shrubs and shall be of
single fm"ily, two uffcient width and townhottse
dwellings, par4ting areas and their density to provide
an effective visual screen. This planting strip shall contain
no structures. Such planting strips shall be developed in
eomplimee designed to provide complete visual
screening to a minimum height of six (b) feet. Earth
mounding or berms may be used but shall not be used to
achieve more than three (3) feet of the required screen, The
planting plan and type of plantings shall require the
approval of the City Council, which ,shall have before it the
recommendations of the Planning Commission, City
Engineer or Building Official,
4 03 )f d) (ii) Screen; Fencing A required screening fence shall be
constructed of masonry=, brick, wood or steel; Such fence
shall provide a solid screening effect and not exceed eight
(8) feet in height or be less than six (G) feet in height. The
design and materials used in constructing a required
screening fence shall be subject to the approval of the City
Council, which shall have before it recommendations ofthe
Planning Commission, City Engineer or Building OfficiaL
1,03 (4) Landseaping
4,034(4) (a) Required Landscaping GeneralRestdential The lot area remaining
after providing for off-street parking, gaff- street loading, sidewalks,
driveways, building site and/or other requirements shall be
landscaped using ornamental grass, shrubs, trees or other acceptable
s. ;i;m 4 l (b) Required Landscaping; - Semi - Public and all income producing
property uses Prior to approval of a building permit, all of the above
uses shall be subject to a mandatory Landscape Plan requirement.
Said Landscape Plan should be developed with an emphasis upon the
following areas:
The boundary or perimeter of the proposed site at points
adjoining another existing or proposed site or sites: the
immediate perimeter of the structure or building at points of
its placement on the site; and the public boulevard areas at
points of interface with streets or sidewalk areas of the
eCity.
All landscaping incorporated in a Landscape Plan shall
conform to the following standards and criteria:
-4,034(4)0 (i) Minimum Plant Sizes All plants must equal not less than
the following standardsminimum sizes:
Height that will not interfere with the overhead wires,
«tide
Potted /Bare Roof
Sta0all
�i
ed
Shade °Trees (Russian
1 -3/4" dia.
2" (dia.)
Olive, Hawthorn, etc.)
Boulevard Tree
2.5" (dia.)
Wid� (Deciduous Trees)
Gurb I. Per
ength
G
Evergreen Trees
3 -4 feet (height)
3-4 feet
-4 feet (height)
Nall orb kShrubs and
Hedge material
(evergreen or deciduous)
Low Shrubs:
St all Depth Wail
3 ; gallon
3 gallon
t44s4e Deciduous
Depth inter loek to
4 r
24 101!
Stall
Aisle
i810 1H 9 41
24 -30 i
4 orn Ta -v 1 49 1
(height)
Aisle Gne Way
:'Alidt-h TWO o i n
"18 -24 inches
" n
8'9 Evergreen
24100'
�c�
+ &
24'8'' Spreading
'r er
1816r
evergreen
919 1 49 1 0 11
4 810 1av = i .r11
1 nr3r �
1 OrC rl!'
�nr rrn� ±r
22'0"450
81 "�lr
42t3f
1 8'nt 7�f
i -nnr r T
23
r
o " *
o
lnrnr�
t 8rlN TQ'V ,2 1131.
� -r�n
1
1 3'0"!12'9"
rsv c�v
810 rf221011221
22tMrno
"8'9"8'9"1 2tn'12 A'0"
9'2 r l9 1 T
8.24 in.; (height)
r "potted
*44ie parking lot dimensions May be Type and mode are dependent
upon sttl ssio ime of planting season; availability, and prior Gity Gouneil
approval of a eompreltensive snow removal site planeon tions (soils, climate,
ground water, man -made irrigation, grading, etc. Three snow re oval
, 4,0340)(b) (H) acigg
4,03,40)(b)(0) (aa) Trees shall not be allow unt il .�
eonditions of this seetion are met.
placed closer than five
level, -��
S) feet from
the pr
FILM
1 9 =
Ilk
:
i 0 ; 4(4 )(b)(ii ) (bb)', Where plant materials are planted in two
(2) or more rows, plantings shall be
staggered in rows unless otherwise
approved by the City,
4, 034(4)(h)(6) (cc) Deciduous boulevard trees shall be
planted not more than forty (4t)) feet
apart.
4,034 (41 1 0)(0 (dd) Massing of plants where screening is
intended, largedeciduous shrubs shall not
be planted more than four (4) feet on
center, and/or, evergreen shrubs shall not
be planted more than three (3) feet on
center.
,0 „V (h) (iii) Prohibited boulevard/street trees The following trees are
specifically prrshibited within the public right -of -way.
Abies sp
Fir species
Acer negundo
Box Elder
Acer Saccharimrn
Silver Maple
Ginkgo biloba (female only)
Ginkgo:
Picea sp
Spruce species
Pinus sp
Pine species
Populus:alba (and varieties)
White Poplar
Populus deltoides
Eastern Cottonwood
Populus nigra `ltalica'
Lombardy Poplar
Pseudotsuga sp.
Douglas fir species
Robina Pseudoacacia
Black Locust
Salix species
Willow
Tsuga sp,
Hemlock species
Uhnus species (non - disease
resistant)
Elm
Understory deciduous and coniferous trees and shrubs
� s~�, ��rf����� � ��� �..- i�ri;����,; �,�i ��i i i�� ���, ��1,� �l° ;�1
i ii�1(iv) Dew.
i , ) i(, i Y b) 6 ) (aa), The landscape plan must show a form of
designed site amenities, (i.er composition
of plant materials, and/or creative site
grading, decorative lighting, exterior
sculpture, etc., which are largely intended
for aesthetic purposes).
. )3 i(4)(b)(i ) (bb) All area within the property lines (or
beyond, if site grading extends beyond)
shall be treated. All exterior areas not
paved or designated as roads, parking, or
storage trust be planted into ornamental
vegetation lawns, ground covers, or
shrubs unless otherwise approved by the
City<
.� ) .,. ,in i iv (cc) Turf slopes in excess of three to one
(3:1) are prohibited:
03 i(mi )ib)(iv) (dd) All ground areas under the building roof
overhang trust be treated with a
decorative mulch and/or foundation
planting.
.. 0 . (4) (,b)(k ) (ee) All landscape areas trust be irrigated or
have access to an exterior building water
spigot in a location adequate + for
providing for landscape maintenance,
i A0,,_ (4 )(b)(h) (ft) Landscape Maintenance: All plants
required as part : of an approved
landscaping plan shall be maintained €er
and kept alive. Dead plants shall be replaced in accordance
with the approved landscape plan.
4 ,034 (5) Glare Any lighting used to illuminate an off - street parking area, sign, or other
property.
4A)34 (6)
4,034 (I)
Refuse
4,034 (g) (a)
4,034(8) (b) In all areas the owner of vacant land shall keep such land free of
refuse, weeds and waste fills
4 ,034(9) Exterior Storage All materials and equipment, except as specifically
authorized elsewhere in this Code, shall be s$arrangedstored within abuilding
or fully screened. so as not to be visible from adjoining
prope ' b i
parkin eomphanee with Seetion 4.033 (5) of this Go4e.
4.036(4)(4t) (xiv) 5j=. �4o sign sliall be so loeated as to restriet the sight lines and
or4erly operatien an4 &affie movement within any parking lot.
areas of five 0
mare-- spaeesies or public street right-of-way, except for the
following;
(a) Clothesline pole and wires.
4,034(f)) (l) Recreational equipment and vehicles.
4.03 4(0)i b) (i) Recreational equipment and vehicles may be stored in the
front, side, or rear yards.
4,03 3i Y, 1 (ii Front yard storage shall meet the following standards::
4 , 0 3 4 ( 9 )(b)( 33 ) (a) Must be on a surface of material that is
durable, weather resistant, and suitable to
control dust and drainage. Landscaped
yard or grass areas are not suitable for
storage.
Noise Noise shall not exceed the standards in the Noise Provisions of Chapter
9.
of the City Code are considered refuse car junk and shall be removed
from premises in the City.
4 0 i 4(9) i1)i ii t (b ) All front yard storage must be set back
fifteen (15) feet from the street curb and
storage shall not encroach on any
sidewalk.
(9)� b) (ii) (c) Storage shall not occur in arequired
parking stall.
4,()3 it i ii a i (iii) The designated storage area shall maintain at least a five (5)
foot setback from side or rear property lines and shall be
screened and landseaped from abtitt-
residential disti in eanipliane, -4.
fi_:
4.036(6) hoeation. All neessory from adjoining properties through either
landscaping or fencing.
4,0 349) (c) Construction and landscaping material currently being used ou the
premises;
1.04(9) (d) Off - street parking '
of passenger vehicles and
trucks not exceeding a'gross weight of twelve thousand (12,000)'
pounds in R -1, R -2, R -3 and R -4 District.
i.034 (10) Radiation and Electrical Emissions No activity shall be permitted that emits
dangerous radioactivity beyond enclosed areas. There shall be no off-str
parking wifliin three feet of my property lir&-.
MM
:.
i I� - • IItR:J�iL'l�I��Ni:l: /It \: - -
_
_
� �
- i i i �•:i •u:f�•ra:�ri•iin�
i :
WIN
fAll iS�il / /Alt�ii��Jf R•II�J�Y/1.1
pafkftt'g .
fm fifteen square fieet of gfoss serviee and seating floor are
. Two
Window.
4$36 (10)
of Roof area.
03 6 ( '.0) (w) Seho8
b is requifed by th
ftetivi
4.0
4.03
greater spaees, of one spaee for eaelt employee on the max4"tn
4. 0: 6 (10) (y)
required f6r t�e station.
ff2fpjj2h. Two spaees per eaeh bed.
.... . ........ .
Me
------------
. .. . ..... . ....... .
— ---------
... . .......... . .....
..............
4.036(i !)(a) (ii) Nigl-A Time ot-Stmday Uses. Up to fifty pereent of off-
street patqting ftteilities fequired for any use speeified tttide
(iv) below as primary daytime tises may be sttpplied by the
parking f�eilities provided by the following night time or
Stinday uses auditoriums ineidental to a publ� — p— Itial
sehool, ehtif ehes, bowling alleys, danee halls, theatres, bars,
restatirants or apartments.
shops 4.03 6(4 ! )(a) (iv) Dffvtime l4ses. For flie purpose ofthis seetion the followin g
"snrrilaf
instrument, exeettteel by the parties eoneemed, forjoint use
of o#�street parking f�-etilities, duly approved as to title a
grantors or lessors, aii4 forift and mamier of emeetttion by
the Gity Attorney, shall be filed with the Gity Glerk and
the joint parkin me b the Gitr
4.036(12) G4 Site
4.036(1-2) (a) A Gonditional
use as regulated by Seetion 4.20 of this Gode and shall be
sttbjeet to the eonditiotts listed below.
4.036(12) (b) Gm qp G4f-site parking shall be devt4bpe4-attd
stft of th s noa_
x.836 - the
off-site par-king requireme"s of this Gode shall be seeure
by a lease agreement betweert the parties, with term
be filed with t4te Gity Gledt within 60 days after appfoval erf
the a by the Gity .
•i
�W AILW AWA
1 �lr +aa� •a��iw� +� ria:�ewiivMma:nilil
God
::
- -
4.037 Off r,_.._.
^' electrical disturbance adversely affecting the operations at any point of any
equipment other than that of the creator of such disturbances.
4.035 Off Street Parking Requirements
.l 0 5 (1) Purpose The regulation of loadiftgoffstreet parking spaces in these zoning
regulations is intended to alleviate or prevent congestion of the public right -of-
way and to promote the safety and general
welfare of the public, by establishing minimum requirements for off - street
parking of motor vehicles in accordance with the
intensity 'of utilization of the various parcels of land
or structures.
4
l.ti;i 5 (2) Anlication of Off - Street Parking Red. =ulaions The regulations and
requirements set forth herein shall apply to all off-street parkin; facilities in
all of the zoning districts of the City,
4, R,'35 (4) General Provisions
4.0,3 5(4) (a) Floor Area The term' "floor area" for the purpose of calculating the
number of off-street parking spaces required shall be determined on
the basis of the exterior floor area dimensions of the buildings,
structure or use times the number of floors, minus ten (10) percent
except as may be hereinafter modified.
1.03( (b) Reduction of Existing Off - Street Parking Space or Lot Area Off -
street parking spaces and loading spaces or lot area existing upon the
effective date of this Code shall not be reduced in number or size
unless said number or size exceeds the requirements set forth herein
for a similar new use.
4,035'(4) (c) Non- Conforming Structures Should a non- conforming structure or
use be damaged or destroyed by fire, it may be re- established if
elsewhere permitted in these zoning regulations, except that in doing;
so, any off-street parking or loading space which existed before shall
be retained.
4,035, (1 4) (d) Change of Use or Occu anc' of Land. No change of use or
occupancy of land already dedicated to a parking area, parking
spaces, or loading spaces shall reduce the area necessary for parking,
parking stalls, or parking requirements below the minimum
prescribed by these zoning regulations.
spaces in compliance with the requirements set forth in this section.
n ,035(1 ) ( e) Change of Use or Occupancy of Ru11dings Any change of use or
occupancy of any building or buildings including additions thereto
requiring more parking area shall not be permitted until there is
furnished such additional parking spaces as required by these zoning
regulations.
- 0.365(4)(f) Residential Off - Street Parking Off - street parking facilities accessory
to residential use shall be utilized solely for the parking of licensed
and operable passenger automobiles; no more than one (1) truck not
to exceed gross weight of twelve thousand (12,000) pounds; and
recreational vehicles and equipment.- Under no circumstances shall
parking facilities accessory to residential structures be used for the
storage of commercial vehicles or equipment or for the parking of
automobiles belonging to the employees, owners, tenants, or
customers ofbusiness or manufacturing establishments not a resident
at the residential site.
4; 03 5(4) (g) Calculating space !
ii w5¢ ( ) ( i) Fractions of Space When determining the number of off-
street parking spaces results in a traction, each fraction of
one -half (1 /2) or more shall constitute another space.
4,035(4)(g) (H) Places of Public Assembly In stadiums, sports arenas,
churches and other places of public assembly in which
patrons or spectators occupy benches, pews or other similar
seating facilities, each twenty -two (22) inches of such
seating facilities shall be counted as one (1) seat for the
purpose of determining requirements,
4,035(4)( g) (M) Floor Area The gross floor area of each use shall be
calculated and a ten (10) percent reduction shall be made for
non - productive space. The resulting net useable floor space
figure shall be utilized to determine the off - street parking
requirement
4,f,,) 5( i') g l ( iv) Snow Storage in Parking Stalls Provision shall be made in
the parking area for adequate snow storage or removal to
ensure that the required number ofspaces are available at all
times during the year.
1 1)35(`1) (h) Stall Aisle and Driveway Design
4,0 3 5(4)(h) (i) Parking Sp Size Each parking space shall be not less than eight
feet nine inches (89") wide andiiineteen (19') feet in length exclusive
of access aisles, and each space shall be served adequately by access
aisles.
4,t 35( )(h (ii) Parkin, Stall Standards Except in the case of single family, two
family and townhouse dwellings, parking areas and their aisles shall
be developed in compliance with the following standards:
*The parking lot dimensions may be reduced upon submission and prior City Council
()
(C)
Stall
Stall
(T)
(F)
(A)
(13)
Curb
(D)
Depth
Depth
Aisle
Width
Angle of
Stall
Length
Stall
Wall to
Inter-
One
Two
Parking
Width
Per Car
Length
Aisle
lock to
Way
Way
Aisle
90 °
8 1 9"
8 1 9 1 1 ,
19
39'9'"
19
24'0"
24'0 ""
8'9 "*
8 1 9 1,
18'0 "*
98`0"*
38'0 "*
24'9"
24'9'"
75°
8"9"
9 1 9 1,
19
20T'
19'5"
20'11"
23'0" t"
8'9 "*
9
18 "*
19 1 3 11 *
i$'S"
20'II"
23'0"
60°
8'9"
10
19'9":
20`3'
19
18'6"
2 2'0"
8'9 "*
10 1 0 1 '
18 "*
192"*
18'6 "*
18'6"
22'0"
45 0
8
12'3"
19
18
1TY'
I3'9"
22'0"
8 1 9 11 *
12'3"
18'0 " *'
179" *
106 "*
I3
229"
0`
8
22'9"
22'0"
8'9 ",
8'0"
12'0"
*The parking lot dimensions may be reduced upon submission and prior City Council
U1
ui
< z
A = Angle of parking E F �
S= Stall width
C= Curia length per car A f
D = Stall length [
F = Stall depth B D
F - Aisle width [
i
4,€ 5(4)(h ) (iii)
4 t 365(i)(i) P (ilia) Streets Not Used Except under joint parking provisions or
in the case of single, two family and tawft4tottsetownhouse
dwellings, parking areas shall be designed so that
circulation between parking bays or aisles occurs within the
designated parking lot and does not depend upon a public
street or alley. Except in the case of single, two family and
townhouse dwellings, parking area design which requires
backing into the public street is prohibited.
4,03501) (h) (v) Curb Cut Proximity to Intersection No curb cut or other driveway
access shall be located less than forty (40) feet from the intersection
of two (2) or more street rights-of-way, This distance shall be
treasured from the intersection of lot lines, not curb limes.
4,035f -i )(h) (vi) Curb Cut Maximum No curb cut access shall exceed the following
width dimensions measured at a point setback twenty (20) feet fi°o
the property line:
Residential 24 feet
Residential Single Family
With a Tbree Car Garage 28 feet
Commercial/Industrial 26 feet
All curb'' cuts shall be installed to comply with the City's, curb cut
design standards. The curb radius for any curb cut shall not exceed
thirty -five (35) feet. Curb cut widths up to thirty-two (32) feet may
be permitted subject to review and recommendation of the City
Engineer and approval of the City. Manager. Before the City
Engineer recommends a curb cut exceeding the maximum widths set
out herein, they shall consider the type of land use the curb cut will
serve, the extent and nature of the vehicular traffic anticipated the
type, the width of the street serving the property where the curb cut
will be located, and any regulations promulgated by the Minnesota
Commissioner of Transportation relative to driveway and curb cut
dimensions.
Curb Cut Minimum Curb cut openings sball be located at minimum
five (5) feet from the side yard lot line in all districts.
4, 5(4)( )(Viii) Curb ,Cut Separation Driveway access curb openings can a public
street except for single, two family and townhouse dwellings shall
not be located less than forty (40) feet from one another.
4, 03 50)(h) (ix) Parking Area Grades The grade elevation of any parking area shall
not exceed five (5) percent.
4,03 (4)th) (x) Driveway Access Minimum All property shall be entitled to at least
one (1) driveway access. Each property shall be allowed one (1)
driveway access for each one hundred twenty -five (125) feet of street
frontage; Single family uses shall be limited to one (1) driveway
access per lot.
4,035 -)(ip) (xi) Surfacing All areas intended to be utilized for parking space and
driveways shall be surfaced with materials suitable to control dust
and drainage. Driveway aprons shall be constructed and surfaced
with either concrete or bituminous in compliance with adopted city
construction specifications. Except in the case of single family and
two family dwellings, driveways and stalls shall be surfaced with a.
six (6) inch class five base and two (2) inch bituminous topping.
Plans for surfacing and drainage of driveways and stalls for five (5)
or more vehicles shall be submitted to the City Engineer for review
and the final drainage plan shall be subject to written approval of the
Engineer.
4.035(4 �(h) (xii) Strioing Except for single family, two family and townhouses, all
barking stalls shall be marked with painted lines not less than four (4)'
inches wide, which striping shall be maintained for legibility; on a
regular basis.
,01 "') 5 ( ..i It ii)(xiii) L i htin . Any lighting used to illuminate an off - street parking area
shall be so arranged as to reflect the light away from adjoining
property, abutting residential uses and public rights -of -way and be in
compliance with Section 4»034(5) of this Code.
U35(4') b) (xiv) 5,,i=. No sign shall be so located as to restrict the sight lines and
orderly operation and traffic movement within any parking lot,
4'o'3650)0 ) (xv) Curbing and Landscaping All open off - street parking shall
have a continuous perimeter concrete curbing, unless
otherwise recommended by the City Engineer, around the
entire parking lot, said curb barrier shall not be closer than
five (5) feet to any lot line. Plantings or surfacing material
shall be provided in all areas bordering the parking area.
No landscaping in the boulevard shall interfere with the
view of the street for driver's entering or exiting the
premises. This requirement shall not apply to off - street
parking areas for single family or two family dwellings or
townhouse units with direct street access to garages.
ri 0;3 ( ilk is (xvi) Required Screening All open, off-street parking areas of five (5) or
more spaces shall be screened and landscaped from abutting or
surrounding residential districts in compliance with Section 4.034(3)
of this Code.
L0,365 (5) Maintenance It shall be the joint and several responsibility of the owner of
the principal use (or Lessee, if there be one), to use and to maintain in a neat
and adequate manner, the parking space, accessways, striping, landscaping,
and required fences.
4r06.(6) Location All accessory offstreetparking facilities required by this Code shall
be located and restricted as folio -wsa
e.03 (6) (a) Same Lot Required accessory off-street parking shall be on the
same lot under the same ownership as the principal use being
serviced, except under the provisions of Section 4,035(11) and
4.035(12) of this Code.
4,o.:i65"'6' (b) Head In Parking Except for single, two family and townhouse
dwellings, head -in parking, directly off of and adjacent to a public
street, with each stall having its own direct access to the public street,
shall be prohibited.
4,035(6) (e) Parking Distance From Property Line There shall be no off-street
parking within three (3) feet of any property line.
,. ,035(6) (d) Boulevard Parking Prohibited The boulevard portion of the street
right- of-way shall not be used for parking.
4,035 (7)
,013'5 (8)
€,0.15 (10)
(48) hours.
Garages. A private garage shall be provided in connection with the erection
or increase of units of any multiple family dwelling structure as follows: One
(1) private garage per dwelling unit. No such private garage shall be less than
ten (10) feet in width nor less than twenty(20) feet in depth. Each garage shall
have an individual door for vehicular access shall be not less than nine (9) feet
in width. If more than one private garage is contained in a single building, an
area of each such private garage shall be separated by a continuous fire -
resistant wall extending from the foundation up to the roof at all points. The
side of the garage building containing the doorway for vehicular access shall
be not less than thirty (30) feet from other garage buildings or apartment house
buildings, or from other structures which may interfere with vehicular
movement.
4,0, 5 (10) (a) Stele Family, Dwellings One (1) enclosed and one (1) open space,
except that all structures with existing or potential floor area, as
calculated under Section 4,035(4)(a) ofthis Code, in excess of two
thousand two hundred (2,200) square fleet shall require one (1)
enclosed and two ( ) open spaces for parking.
4,03 5 ( i 0) (b) Two- FaMiiy Dwellings and Townhomes One (1) enclosed and one
and one -half (1 -1 /2) open parking spaces per unit,
4,03 5 (10 (c) Townhotnes and Multiple Family Dwellings At least one enclosed
and one and one- quarter (1 -1t4) open spaces per unit.
4,03,5(1 )(c)(i) Senior + Citizen Residential Housing .One(1)spaceperunit.
plus one (1) space per employee on maximum shift. One-
half of required stalls may be provided at initial
parking.
Physically Disabled Citizen Residential Housing One (1)
parking space for each unit, plus one (1) space per
employee on maximum shift:
4,1,')3, (d)
Convalescent Homes, Rest Homes, nursing . One (1) for
each four (4) beds for which accommodations are offered plus one
per each two (2) employees.
4 J )'3,5 (10) (e)
Motels Motor Hotels Hotels One (1) space per each rental unit and
one (1) space for each employee on any shift.
4,0,3 5(1 0) (f)
School ElemegLaM and Junior High School or Church Schools„ At
least one (1) parking space for each seven (7) students based on
design capacity plus one (1) for each three (3) classrooms.
4,03 5(, 1, 0) (g)
Schools,, Trade School /Specialty Schools Such as Gymnastic'
Training, One and one-half (1 -1 /2) parking spaces for every two (2),
pupils at student capacity, unless it can be demonstrated that a
differing amount of parking is required by that activity.
4MB( its) (h)
Senior High School and Post High School Facilities Public and
Private), One (1) space based on four (4) students based on building
design capacity.;
4,035(10)(i)
Church Theatre Auditorium At least one (1) parking space for each
three (3) seats based on the design capacity of the main assembly
hall. Facilities as may be provided in conjunction with such
buildings or uses shall be subject to additional requirements, which
are imposed by this Code.
4,035(f 0) (j)
Community Centers Libraries, Private Health Clubs, Museums, Art
Galleries One (1) parking space for each three hundred (340)
square feet of floor area,
rii.035(i 0 ) (k)
Bowling Ailey At least six (6) parking spaces for each alley, plus
additional spaces as may be required herein for related, uses contained
within the principal structure.
Office Buildings, Medical andProfessional Offices ,Three(3) spaces
plus at least one (1) space for each three hundred (340) square feet
of floor area,
°1,035(10) (m) Retail Store Set vice/ ShM12ing Center or Convenience Food Take -'
Out//DelivM Establishment At least one (1) off streetparking space
for each two hundred (200) square feet of floor area:
4,05(10) (n) Retail Sales and Service Business with Fifty (50) Percent or More of
Gross Floor Area Devoted to Storage, Warehouses Atleasteight(8)
spaces or one (1) space for each two hundred (200) square feet
devoted to public sales: or service plus one (1) space for each one
thousand five hundred (1,500) square feet of storage area
4,035(10)(o) (o) Restaurants Cafes Private Clubs Serving Food and/or Drinks, 'Bars
Taverns, Night dubs At least one (1) space for each forty (40)
square feet of gross floor area :of dining and bar area and one (1)
space for each eighty (80) square feet of kitchen area,
4,l,.l` 5(101(p) Drive -in Establishment and Convenience Food At least one (1)
space for each forty (40) square feet of floor area car dining area, plus
one (1) space per eighty (80) square feet ofkitchen area; plus one (1)
space per fifteen (15) square feet of lobby and service center area.
4,0 50 0 (q) Funeral Parlor At least twenty (20) parking spaces for each chapel
or parlor, plus one (1) parking space for each funeral vehicle
maintained on the premises. Aisle space shall also be provided off
the street for making up a funeral procession;
4,03 50 0) (r) Automobile Repair and Motor Fuel Station At least five (5) off-
street parking spaces plus three (3) off - street parking spaces for each
service stall. Those facilities designed for sale of other items than
strictly automotive products, parts or service shall be required to
provide additional parking in compliance with other applicable
sections of this Code.
4 03 5(,110 (s) Automobile Sales At least one (1) space for each five hundred
(500) square feet of showroom, plus one (1) space for every three
thousand (3,000 square feet of outdoor sales lot, plus parking
required for any ancillary automobile service or repair.
,a 5(1 0) (t) Carden Sutataly, Nursery, Lumber Yard. At least one (1) space per
two hundred fifty (250) square feet of interior sales floor area plus
one (1) space for each three thousand (3,000) square feet of outdoor
sales area.
4,03 10) (u) Manufacturing, Fabricating or Processing of a Product or Material
One (1) space for each five hundred (500) square feet of floor area,
plus one (1) space for each company owned vehicle (if not stored
inside principal building),
4,0351101(x) Warehousing, Storage or Handling g of Bulk Goods That space which
is solely used as office ancillary to the larger warehouse facility shall
provide one (1) space for each three hundred (300) square feet of
floor area used as office and one (1) space per each one thousand five
hundred (1,500) square feet of floor area used as warehouse, plus one
(1) space for each company owned vehicle (if not stored inside).
4,11 35 ( R)) (w) Other Uses Other uses not specifically mentioned herein shall be
determined on an individual basis by the City Council. Factors to be
considered in such determination shall include (without limitation)'
national parking standards, parking standards for similar businesses
or land uses, size of building, type of use, number of employees,
expected volume and turnover of customer traffic and expected
frequency and number of delivery or service vehicles.
4,035 (11) Joint Facilities
;,x`115( 11) (a) Cuff -Site Joint Use of Parkin t The City Council may, after receiving
a report and recommendation from the Planning Commission,
approve a conditional use permit for one (1) or more businesses to
provide the required off - street parking facilities by joint use of one
(1) or more sites where the total number of spaces provided are less
than the sum of the total required for each business should they
provide them separately. When considering a request for such a
permit, the Planning Commission shall not recommend that such
permit be granted except when the following conditions are found to
gist.
4,035(1 (i) Entertainment Uses Up to fifty (50) percent of the parking
facilities required for a theatre, bowling alley, dance hall;
bar or restaurant maybe supplied by the off-street parking
facilities provided by types of uses specified as primarily
daytime uses in subsection (iv) below;
403511 11(a) (H) Night Time or SILndn Uses. Up to fifty (50) percent of the
off-street parking facilities required for any use specified
under (iv) below as primary daytime uses may be supplied
by the parking facilities provided by the following night-
time or Sunday uses; auditoriums incidental to a public or
parochial school, churches, bowling alleys, dance halls,
theatres, bars, restaurants or apartments.
1.11.,«5(1 1)iIa)(iii) School Auditorium and Church Uses . .. Up to eighty (80)
percent of the parking facilities rewired by this section for
a church or for an auditorium incidental to a public or
parochial school may be supplied by the off-street parking
facilities provided by uses specified under (iv) below as
primarily daytime uses.
1,0,'35(11' ,o(zv) Daytime Uses For the purpose ofthis section the following
uses are considered as primarily daytime uses: banks,
business offices, retail stores, personal service shops,
household equipment or furniture shops, clothing or shoe
repair or service shops, manufacturing, wholesale and
similar uses.
4,03 :5 11 i (b) Additional Criteria for Joint barking In addition to the preceding
requirements, the following conditions are required forjoint parking
usage.
4,035(1 1)(b) (i) Proximity The building or use for which application is
being made to utilize the off-street parking facilities
provided by another building or use shall be located within
three hundred (300) feet of such parking facilities.
Conflict in Hours. The applicant shall show that there is no
substantial conflict in the principal operating hours of the
two (2) buildings or uses for which joint use of off-street
parking; facilities is proposed:
Written Consent and Agreement , ` A legally binding
instrument, executed b} the parties concerned, for jointuse
of off-street parking facilities, duly approved as to title of
grantors or lessors, e nd form. and manner of execution by
the City Attorney, shall be filed with the City Clerk and
recorded with the Hennepin County recorder or Registrar
of Titles, and a certified copy of the recorded document
shall be filed with the City within sixty, (60) days after
approval of the joint harking use by the City.
4,035 (12) Off-Si Parkin
4035j i .1;) (a) A Conditional Use Any off-site parking which is used to
meet the requirements of this Code shall be a conditional
use permit as regulated by Section 4.33 of this Code and
shall be subject to the conditions listed below.
,03 50 1') (b) Code Compliance Off-site parking shall be developed and
maintained in compliance with all requirements and
standards of this Code:
4,015(12) (c) Access Reasonable access from offstreetparking facilities
to the use being serviced shall be provided.
i3O1'1 (12 )(d) Lessee Ag eement Required The site used for meeting the
off -site parking requirements of this Code shall be secured
by a lease agreement between the parties, with 'term
approved by the City ;Council subject to the review and
approval of the City Attorney, filed with the City Clerk and
recorded with the Hennepin County Recorder or Registrar
of Title; and a certified copy of recorded document shall
be filed with the City Clerk within sixty (60) days after
approval of the agreement by the City Council.
4,035(12) (e) Proxi t to Multiple Residence Off-site parking for
multiple family dwellings shall not be located more than
one hundred (1 00) feet from any normally used entrance of
the principal use serviced.
4,(')35(E'2) '2) (f) Proximity for Non - Residential Uses Off -site parking for
non- residential uses shall not be located more than three
hundred (300) feet from the main entrance of the principal
use being served. No more than one (1) main entrance; shall
be recognized for each principal building.
4,03502) (g) Term of Parkins Agreement Any use which de pends upon
off -site parking to meet the requirements of this code shall
maintain ownership and parking utilization of the off -site
location until such time as on -site parking is provided or a
site in closer proximity to the principal use is acquired and
developed for parking.
4,('55 (13) Deferment of Required Parkin A reduction in the number of
required parking stalls may be permitted by conditional use permit
provided that.
4. 0 5i 13, (a) lavidence is provided demonstrating that the parking
requirements of the proposed use will be less than the
parking required under Section 4,035 of this Code during
the peak, demand period, Factors to be considered when
reviewing the proposed parking demand shall include, but
not be limited to:
,0 (13 (a) (i) Size, type and use of building.
4A5J,1.i 3)(a) (ii) Number of employees,
4,()3'4 i (,r )(iii) Projected volume and turnover of employee and/or
customer traffic.
03 ,( 13)(a) (iv) Projected frequency and volume of delivery or
service vehicles.
4,()3 (3)(a) (v) Number of company owned vehicles:
4 .03 5( i , ri ri (vi) Storage of vehicles on site.
4.035(13)(b) In no case shall the amount ofparking provided be less than
one -half ('d7) to the amount of parking required by
Ordinance.
4,03503`a (e) The property owner can demonstrate that the site has
sufficient property under the same ownership to
accommodate the expansion of the parking facilities to meet
the minimum requirements of Section 4.035 of this Code if
the parking demand exceeds on -site supply.;
4,035(1 0 (d) On -site parking shall only occur in areas designed and
constructed forparking in accordance with Section 4.035 of
this Code. The area reserved as "proof of parking" shall be
sodded or seeded and maintained as green space or a
recreational area. No permanent buildings shall be
permitted in the "proof of parking" area.
4,05 3) (e) The property owner shall record a restrictive covenant
against the title to the property providing that additional
parking shall be constructed in accordance with Section
4.035 of this Code if the site parking demand exceeds the
actual on -site parking supply in the sole opinion of the ;City.
The form of the restrictive covenant shall be approved by
the City Attorney before the issuance of the conditional use
permit,
4,03 03 5('l 3 ) ( To qualify for a parking deferment, the site plan must
comply with all current zoning standards,
4.035(13) (g) Application for and approval ofa conditional use permit for
deferment of required parking shall also be subject to the
previsions of Section 4.33 et al of this Code.
4.035 Off - Street Loadin
4,036 PuWose The regulation of loading spaces in these zoning
regulations is to alleviate or prevent congestion ofthe public right
way and in off - street parking areas so to promote the safety and
general welfare ofthe public, by establishing minunurnrequirements
for off-street loading and unloading from motor vehicles in
accordance with the specific and appropriate utilization of various
parcels of land or structures.
4,0,'36 (2) Location
4,03 � (a) Off - Street All required loading berths shall be off - street
and located on the same lot as the building or use to be
served.
4,037($(2) (`$q 2 (b) Distance from Intersection All loading berth curb cuts
shall be located at minimum fifty (50) feet from the
intersection of two (2) or more street riglt- 4- waysrights -of
way. This distance shall be measured from the property
line.
4,0 . i 2 , (4c) Prohibited in Front Yards Loading berths shall not occupy
the front yard setbacks.
.....................0�
4, 03 , �f 2) (ed) Front or Side Yard Locations A conditional use permit
shall be required for loading berths for non - residential uses
where the leading bertli is located at the front of the
building or at the side of the building on a corner lot
. must comply with the following standards.
Pedestrians Loading berths shall not conflict with
pedestrian movement.
N t (2(ed) (ii) Visibility. Loading berths shall not
obstruct the view of the public right -of-
way from off - street parking access.
i 0 76(2 )( `)(iii) General Compliance Loading berths
shall comply with all other requirements
of this section.
( €e) Traffic Interference Each loading berth shall be located
with appropriate means of vehicular access to a street or
public alley in a manner which will cause the least
interference with traffic.
4,036(2( (f) Distance From Residential Lase No loading berth for an
industrial use shall be located closer than one hundred (100)
feet from a residential district unless within a structure,
4,03" (3) Surfacing All loading berths and accessways shall be improved with
not less than six (6) inch class five base and two (2) inch bituminous
surfacing to control the dust and drainage according to a plan
submitted to and subject to the approval of the City Engineer.
4,013 (4) Accessory Use; Parking and Storage Any space allocated as a
required loading berth or access drive so as to comply with the terms
of these zoning regulations shall not be used for the storage of goods,
inoperable vehicles or snow and shall not be included as part of the
space requirements to meet the off - street parking requirements.
4,0 � (5) Screening Except in the case of multiple dwellings all loading areas
shall be screened and landscaped from abutting and surrounding
residential uses in compliance with Section 4.033.4;(3) of this Code.
. ........................I.....I (k- 07-_*8
4.03 (6) Number and Size of Loading Berths erths The number of required off -
street loading berths shall be as follows:
-U) "6f 6,t (a) Commercial or Industrial Uses
i ; ` 7,61, 6 pt a) (i) One (1) loading berth and one (1) additional berth
for each additional one hundred thousand
(100,000) square feet or fraction thereof. The first
loading berth shall be not less than seventy (70)
feet in length and additional berths required shall
be not less than thirty (30) ;feet in length and all
loading berths shall be not less than ten (10) feet in
width and fourteen (14) feet in height, exclusive of
aisle and maneuvering space.
(ii) Reduction in Size of Space For commercial or
industrial buildings f-rveseven thousand (7;000)
square feet or less, the size of the loading area may
be reduced or the requirement may be waived
upon theadministratiwe approval of - eonditio -'
tee- permit. To qualify for such exception, the
following provisions must be met:
& :ti° is a; s` i (a) It must be demonstrated that the
site cannot physically
accommodate a loading berth to
the size required.
(XG `tii i)(a)f ki) (b) It must be demonstrated that
semi- trailer truck deliveries will
not occur at the site or all
deliveries will occur at such a
time as to not conflict with
customer or employee access to
the building and parking
demand.
4 03- 7 6(6) (b) Multiple Residential Type Uses One (1) loading
area shall be provided for each multiple family
structure containing five (5) or more units and
shall be exclusively reserved for loading and
unloading. The space shall be at minimum forty
(40) feet in length and ten (ltd) feet in width. Said
area may be parallel to a driveway aisle, but shall
not serve to block the flow of traffic or parking
spaces.
--4-.039 Reuse ofthe building shall be held tothe aforementioned condition if site is approved for leading
area waiver.
4.037 Home Occupation
4,0 1; (1) Purpose The regulation of home occupations within residential structures is
intended to insure that the occupational use is clearly accessory or secondary
to the principal dwelling use and that compatibility with surrounding
residential uses is maintained.
4 ,03KI (2) Application For purposes of this Code, home occupations, as defined in
Section 4.022($1), shall be further defined to distinguish permitted home
occupations from conditionally permitted home occupations. Accordingly, all
home occupations which satisfy the permitted home occupation criteria shall
be considered as a permitted accessory use in all residential zoning districts.
Home occupations which fail to satisfy the permitted home occupation criteria,
shall require a conditional use permit, as provided for in Section 4.2.$33 and
may be located in any residential zoning district based upon conditions set
forth in the approved conditional use permit.
x.0311 7 (3) Permitted Home Occupations Home occupations which meet the following
criteria:
4.03 -,� 7 0 3 (a) Structural Changes Businesses which require no interior or exterior
changes necessary to conduct the business; which are conducted
within a principal building; and which require no mechanical or
electrical equipment not customarily found in a home.
4.0 314 7 ,t.- � (b) Traffic Businesses which do not significantly alter the traffic pattern
of the neighborhood.
4,038.7( (c) Employ Businesses which do not require employees other than
those living on the premises.
•i. 74 `,i) (d) Area Permitted Businesses which require no more than twenty (20)
percent of the gross floor area of a dwelling, not to exceed three
hundred (300) square feet including accessory building.
.. ............................... (Eat 9268 }
4,038 (e) Sales on Premises Businesses which are not involved in direct sales
on the premises except as may be conducted through the use of the
U.S. snail, commercial delivery services by a vehicle no larger than
a step van, or by taking and ordering delivery of orders by telephone
orinternet.sales.
4.03830 ) (f)
Outside Storage Businesses which require no outdoor storage of
equipment, machinery, inventory, tools or any other item required for
use by the business, except for parking of business vehicles in
compliance with §4Secton 4.0365(4)(f) of this Code.
4,030 (4) Conditional Use Permits Conditionally permitted home occupations
shall consist of those home occupations which do not meet all of the
provisions of (3) above. Said home occupation may be granted a
conditional use permit provided that:
4,0 041 (a) Adverse Effect on Neighborhood The City Council shall
find that all business related activity occurring on the
premises shall not cause any adverse changes to the
residential character of the neighborhood.
i.d 3 S A i (b) Screening of Exterior Changes The City Council shall find
that any exterior changes necessary to conduct the business
are sufficiently screened, properly designed, or separated by
distance so as to be consistent with existing adjacent
residential uses and compatible with the residential
occupancy.
4,0 97(l ) (c) Interior Changes The City Council shall find that any
interior changes necessary to conduct the business comply
with all building, electrical, mechanical and fire codes
governing the use in a residential occupancy.
.1 � (d) Traffic The City Council shall find that the traffic
generated by the business involves only vehicles of the type
that typically service single family residences and that such
traffic constitutes neither a nuisance nor a safety hazard.
4.0398 Temporary Uses
4. 0 148 (1) Purpose Certain uses that are generally not suitable within a particular zoning
district are potentially suitable on a temporary basis. This may be due to the
lack of development on existing property due to a short-term need (such as
highway construction), or to the limited degree of adverse affects upon
adjacent land use. Accordingly, it is the intention of this Subdivision to
recognize certain temporary uses as being potentially allowable and provide
regulations for their control, if permitted.
-1,030)8 (2) Application Where not specifically listed, all temporary uses shall be
permitted in any zoning district provided they apply for and receive approval
of a eanditionalttsen administrative permit or appropriate City license (as may
be required by the nature of the use).
4M:348 (3) Temporary Uses Subject to Licensing
4,03 (a) Christmas Trees Christmas tree sales for a period not to exceed
ninety (90) days.
ml3v�tiit.3) (b) Sales Promotions Carnivals and circuses held as promotional
activities in conjunction with developed commercial uses in "B -2 ",
"B -3 ", and "B -4" Districts only.
t.o39 (c) Civic Activities Community activities by non - profit civic groups,
upon approval by the City Council of the proposed program as being
in harmony with area uses, and upon issuance of appropriate permits
and licenses.
,0, 8 i (d) Outdoor Sales of Seasonal Farm Produce
4J)3 -4 Temporary Uses Requiring a n Administrative Permit
4, 0 (a) Road Materials Black -top or crushing plant for highway materials.
,0', - 98( t (b) Excavating For Sale Excavating businesses - sand, gravel, or black
dirt.
,034)188 i,) (c)
4.0148('-1) (e)
4 . 03 9 - (15) days.
Stockpiling Stockpiling ofmaterial for use in highway construction.
Religious Religious meeting in a temporary structure for a period
not to exceed ten (10) days.
Carnival Carnivals or circuses when operated as a separate
commercial business for a period not to exceed fifteen 4ays7
:1 038( ) (f) Outdoor Sales of Seasonal Farm Produce Subject to the
requirements of Section 5.31 of this Cade.
),03 (5) Additional Criteria All eonditionally Permitted temporary uses shall satisfy
the following criteria in addition to the general criteria imposed for all
on a vvrruniona! use administrative permits as provided for in Section 4.241- - �31.
4 .0348(5) (a) Site Plan A detailed site plan, consistent with Section 4.35, must be
submitted for review and approved by City staff.
d (5) (b) Adjacent Sites Adjacent vacant land is not yet impacted by
development pressures or will not be affected by the proposed use.
4.0'3 �) (be) Noise and Nuisance Adjacent developed land will not be adversely
affected by the proposed use because of traffic, noise, dust, smoke,
unsightliness, or other nuisance characteristic.
4.0398t5) (ed) Term of Permit The period of time for which the eand itional
ttseadministrative permit is to be granted will terminate before any
adverse effects are felt upon adjacent property.
-03 5 (de) Performance Bond There is adequate assurance, guaranteed by
performance bond in a form accepted by the City Council, if deemed
necessary by the Council, that the property will be left in suitable
condition after the temporary use is terminated.
- ........................ ............................... ( Ie O, #}
shall oeetif &td no building permit or eertifieate of oempattey shall be isstted
aeti shall be i i with site and building plans t
appr have been i'
plans shall be=
b
40771 b
requirements!
fir
• _
4.039A(2) (e) Gitattges ift the ttse of leasable spaee ift multi teftaftt btlildiftgs where
— j —, additional parking or fesult in att inability to j"aintain the-
;required. Grading and drainage plans shall demonstrate
compliance with the performance standards-
Platt:
WAI
• iI 1•
: •l lit: /t: {A•191: /•
Greaf ion designforstfttetures
4.9 3 9,k (e) of aftmetional and! im-maniotts
€eattres ine g!
and site
genefal eommunity
,
spaee and b to the desin
Appropriateness the
and futtetiott of the
4.939A(3)(e)(Hi) of s
details of eottstmetion as an expresston
eoneept of +e projeet and the eompatibility
eolors mid
of the design.
of the same
4.0 3 9A (6) _Eee. The fee for site and building plan reviews shall be ets preseribed by
seetion 4.36 and Ghapter 1.4 of this Gode.
- -(of - 4 90- ) of Section 4,03913 of the City Code and shall be subject to the review and written approval of the
City Engineer,
4.039B Grading, Erosion and Sediment Control Regulations
of ientaf ion aftd elevaf ion of , t ttse
in strttettifes, and t1te use of landseape materials
l oeat i on
,
m d
o glass
gmelittg.
and site
Proteetion.
throttglt
4.03 9A(3) (g) of adj aeent and neighboring properties
si
reftsomable
of design, not adeqttately eovet:ed by other
Fegulations,
whieh may
4.039A (4) Pfoeedures For Rt
..
A
�V'J l(, tJ Pl an A ttreeme n
039A (5)
approved > > or alterations
platt detail, standard or speeiReation withotit prior
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
be
to
shall made
ffty
submission
of a p4ftft
, 89 9)
. . . . . . . . . "(
4.0 3 9A (6) _Eee. The fee for site and building plan reviews shall be ets preseribed by
seetion 4.36 and Ghapter 1.4 of this Gode.
- -(of - 4 90- ) of Section 4,03913 of the City Code and shall be subject to the review and written approval of the
City Engineer,
4.039B Grading, Erosion and Sediment Control Regulations
(1) Title. This section shall be known as the "Grading, Erosion and Sediment
Control Regulations" and may be so cited.
4,(.''69 i (2) Purpose The purpose of this section is to safeguard property, and to preserve
and enhance the natural environment, including, but not limited to water
quality, by regulating clearing and grading on public and private property.
4S),39B (3) S cope . This section sets forth rules and regulations to control land
disturbances, land fill, soil storage, and erosion and sedimentation resulting
from such activities. This section establishes procedures for issuance,
administration and enforcement of a permit.
•i.0,3,1)B (4) Other Laws Neither this section nor any administrative decision made under
it:
4,03 ,1(a) Exempts the Permittee from procuring other required permits or
complying with the requirements and conditions of such permit; or
4,0330BO) (b) Limits the right of any person to maintain, at any time, any
appropriate action at law or in equity, for relief or damages against
the Permittee arising from the permitted activity.
,si3£l (5) Severabililty and Validity If any part of this section is not found valid, the
remainder of this section shall remain.
4.030B (6) Permit Required No person may grade, fill, excavate, store or dispose of soil
and earth materials or perform any other land - disturbing or land - filling activity
without first obtaining a Permit as set forth in this section.
4,039 (7) General Exemptions All land - disturbing or land - filling activities or soil
storage shall be undertaken in a manner designed to minimize surface runoff,
erosion and sedimentation and to safeguard life, limb, property, and the public
welfare. A person performing such activities need not apply for a Permit
pursuant to this chapter, if all the following criteria are met:
4,0,1911(71 (a) The disturbed or filled area is fifteen thousand (15,000) square feet
or less.
4,03911 (b) Volume of soil or earth materials stored or moved is fifty (50) cubic
yards or less.
4,03911(7 7 ) (c) Rainwater runoff is diverted- , e during or after construction, from
an area smaller than two (2) acres.
4,030 BO) ) (d) An impervious surface, if any, of less than ten thousand (10,000)
square feet is created.
1, 33011E ' "� (e) No drainageway is blocked or has its stormwater carrying capacities
or characteristics modified.
4,0308(7) (f) The activity does not take place within one hundred (100) feet by
horizontal measurement from the top of the bank of a watercourse,
the mean high water mark (line of vegetation) of a body of water or
within the wetlands associated with a watercourse or water body,
whichever distance is greater.
4,03 (S) Categorical Exemptions Sections 6 and 7 (a) -(e) notwithstanding, the
following activities are exempt from the permit requirements:
4,1),3'911(8) (a) An excavation below finished grade for basements and footings of a
building, retaining wall or other structure authorized by a valid
building permit. This shall not exempt any fill made with the
material from such excavation nor exempt any excavation having an
unsupported height greater than five (5) feet after the completion of
the structure.
1,03411(8) (b) Cemetery graves.
- 1. 03 (c) Refuse disposal sites controlled by other regulations.
),1) 39B(,k)) (d) Excavations for tunnels.
- 1,03913(8) (e) Mining, quarrying, excavating, processing, stockpiling ofrock, sand,
gravel, aggregate or clay where established and provided for by law,
provided such operations do not affect the lateral support or increase
the stresses in or pressure upon any adjacent or contiguous property.
,011), 911(8) (f) Exploratory excavations under the direction of soil engineers or
engineering geologists.
1,0;: 9 1(8b (g) Routine agricultural crop management practices.
4.03911(g) (h) Emergencies posing an immediate danger to life or property, or
substantial flood or fire hazards.
4,0 (i) Any activity where total volume of material disturbed, stored,
disposed of or used as fill does not exceed fifty (50) cubic yards and
which does not obstruct a drainage course.
4,03 (j) Sections 6 and 7 (a) -(e) notwithstanding, any activity where total
volume of material disturbed, stored, disposed of or used as fill does
not exceed five; (5) cubic yards is always exempt for the permit
requirements.
(9) Handbook Adopted by Reference The standards and specifications contained
in the Manual of Standards are hereby incorporated into this section and made
a part hereof by reference for the purpose of delineating procedures and
methods of operation under site development and erosion and sedimentation
control plans approved under Article III. In the event of conflict between
provisions of said manual and of this ordinance, the ordinance shall govern.
3,€ ,3O B (10) Application The application for a Permit must include all of the following
items:
4,03911(10) (a) Application.
1,0.303 101(b) Site Map and Grading Plan.
4.03 i ()) (c) Interim Erosion and Sediment Control Plan.
, .1.1):,111( 10) (d) Final Erosion and Sediment Control Plan, where required.
4J" 69B(I0) (e) Soil Engineering Report, where required.
4,039B(10) (f) Engineering Geology Report, where required.
4.0301300) (g) Work Schedule.
1 13 €,10) (h) Application Fees.
4.o3,913(10) (i) Performance Bond or other acceptable security (see s ection
4.439B(18)).
U69B(1 ) 0) Any supplementary material required by the issuing authority.
4.030B (11) Applie
form:
1.039B (l 1) (a)
1.039FYJ 1) (b)
ation Form The following information is required on the application
Name, address and telephone number of the Applicant
N-a ,Name(s);, s address(es)! and telephone
numbersnumber(s) of any and all contractors, subcontractors or
persons actually doing the land - disturbing and land - filling activities
and their respective tasks.
1 9B 1 1) (c) Name(s), address(es) and telephone number(s) of the person(s)
responsible for the preparation of the Site Map and Grading Plan.
1,0339f1(1 1) (d) Name(s), address(es) and telephone number(s) of the person
responsible for the preparation of the Final Erosion and Sediment
Control Plan.
4,03 1 1) (e) Name(s), address(es) and telephone number(s) of the registered
engineer(s) responsible for the preparation ofthe soil engineering and
engineering geology reports, where required.
4.0' 9,11,1 1) (f) A vicinity map showing the location of the site in relationship to the
surrounding area's watercourses, water bodies and other significant
geographic features, and roads and other significant structures.
1,03 11) (g) Date of the Application.
4,039B(] 11(h) Signature(s) of the owner(s) of the site or of an authorized
representative.
1.11::101~ (12) Site Map _and Gradin Plan lan (Grading Plan) The Site Map and Grading Plan
shall contain all the following information:
$,(p;; 911 ( 12) (a) Existing and proposed topography of the site taken at a contour
interval sufficiently detailed to define the topography over the entire
site. Ninety percent of the contours shall be plotted within one -half
contour intervals of the true location.
4.0391,1 2 1) (b) Contour lines that extend a minimum of one hundred (100) feet off -
site, or sufficient to show on -site and off -site drainage.
-1,0391 (c) Site's property lines shown in true location with respect to the plan's
topographic information.
- 4,0.'99 ( 2) (d) Location and graphic representation of all existing and proposed
natural and man -made drainage facilities.
- t.039B(12) (e) Detailed plans of all surface and subsurface drainage devices, walls,
cribbing, dams and other protective devices to be constructed with or
as a part of the proposed work, together with a map showing the
drainage area and the estimated runoff of the area served by any
drain.
4.039M (f) Location and graphic representation of proposed excavations and
fills, of on -site storage of soil and other earth material, and of on -site
disposal.
(g) Location of proposed final surface runoff, erosion and sediment
control measures.
4,039B(I2) (h) Quantity of soil or earth material in cubic yards to be excavated,
filled, stored or otherwise utilized on -site.
41 0.3 O13( I ". "p (i) Outline of the methods to be used in clearing vegetation, and in
storing and disposing of the cleared vegetative matter.
4,0101M � 2'i (j) Proposed sequence and schedule of excavation, filling and other
land - disturbing and filling activities, and soil or earth material
storage and disposal.
4.030)N, 12) (k) Location of any buildings or structures on the property where the
work is to be performed and the location of any buildings or
structures on land of adjacent owners which are within fifteen (15)
feet of the property or which may be affected by the proposed
grading operations.
Specifications shall contain information covering
construction and material requirements.
1, 03913 (13) Interim Erosion and Sediment Control Plan (Interim Plan)
4.0391103)(a) Maximum surface runoff from the site shall be calculated using the
method approved by the issuing authority and maintained in the
Manual of Standards, or any other method proven to the issuing
authority to be as or more accurate.—
4.030N i ) (b) The Interim Plan shall also contain the following information:
4,03 A delineation and brief description of the measures
to be undertaken to retain specifications for
sediment detention basins and traps, and a
schedule for their maintenance and upkeep.
4.03 QB( 1:)),1);1(2) A delineation and brief description of the surface
runoff and erosion control measures to be
implemented, including, but not limited to, types
and method of applying mulches, and designs and
specifications for diverters, dikes and drains, and
a schedule for their maintenance and upkeep.
,0391:if" a 3 (3) A delineation and brief description of the
vegetative measures to be used, including; but not
limited to, types of seeds and fertilizer and their
application rates, the type, location and extent of
pre- existing and undisturbed vegetation types, and
a schedule for maintenance and upkeep.
4,0391 , � ) (c) The location of all the measures listed by the Applicant under
Subsection (b) above, shall be depicted on the Grading Plan, or on a
separate plan at the discretion of the City.
,03 3) (d) An estimate of the cost of implementing and maintaining all interim
erosion and sediment control measures must be submitted in a form
acceptable to the City.
4,039Bi B) (e) The Applicant may propose the use of any erosion and sediment
control techniques in -the Interim Plan provided such techniques are
proven to be as or more effective than the equivalent best
management practices contained in the Manual of Standards.
(14) Final Erosion and Sediment Control Plan (Final Plan) All the following
information shall be provided with respect to conditions existing on the site
after final structures and improvements (except those required under this
Section) have been completed and where these final structures have not been
covered by an Interim Plan (see sSection 4.039B(25)):-
4,0301104)(a) Maximum runoff from the site shall be calculated using the method
approved by the issuing authority and maintained in the Manual of
Standards, or any other method proven to the issuing authority to be
as or more accurate.
4.0391 i )` (b) The Final Plan shall also contain the following information:
A description of and specifications for sediment
retention devices.
4,33301 ( 14)( ) (2) A description of and specifications for surface
runoff and erosion control devices.
4.0301:a) �) a'�,1�) (3) A description of vegetative measures.
4,03 013( 1 -1 )(h) (4) A graphic representation of the location of all
items in Subsections (1) - (3) above (see section
4.039 (
•1,039131(1) (c) An estimate of the costs of implementing all final erosion and
sediment control measures must be submitted in a form acceptable to
the City.
4,030110 4 1 (d) The Applicant may propose the use of any erosion and sediment
control techniques in the Final Plan provided such techniques are
proven to be as or more effective than the equivalent best
management practices contained in the Manual of Standards.
),0 39 (15) Soils Engineering Report A soil engineering report, when required by the
City, shall be based on adequate and necessary test borings, and shall contain
all the following information:
4,03911( (5') (a) Data regarding the nature, distribution, strength and erodibility of
existing soils.
4,0 35011( 15')(b) Data regarding the nature, distribution, strength and erodibility of soil
to be placed on the site, if any.
B 13 15 ,� (c) Conclusions and recommendations for grading procedures.
-1.0 39TV 8 5) (d) Conclusions and recommended designs for interim soil stabilization
devices and measures and for permanent soil stabilization after
construction is completed.
-1.0� 9B 15) (e) Design criteria for corrective measures when necessary.
4,03Q1.3s, 51(f) Opinions and recommendations covering adequacy of sites to be
developed by the proposed grading. Recommendations included in
the report and approved by the City shalt be incorporated in the
grading plans or specifications,
6
4,03911 (16) Engineering Geology Report An engineering geology report, when required
by the City, shall be based on adequate and necessary test borings and shall
contain the following information:
1.3,09B (16) (a) An adequate description of the geology of the sites.
4,03 9130 0 D (b) Conclusions and recommendations regarding the effect
{
of geologic conditions on the proposed development
-1,0391-P 16) (c) Opinions and recommendations covering the adequacy of sites to be
developed by the proposed grading, Recommendations included in
the report and approved by the City shall be incorporated in the
grading plans or specifications,
,1 39B (
4,039B( ) (a) Proposed grading schedule.
,0339B( $) (b) Proposed conditions of the site on the 15th of each month between
and including the months of April through October,
4 , 3 0 Be 1 71(c) Proposed schedule for installation of all interim erosion and sediment
control :measures including, but not limited to, the stage of
completion of erosion and sediment control devices and vegetative
measures on each of the dates set forth in Subsection (b):
1.111:(1 '7 ) (d) Schedule for construction of final improvements, if any,
4,039B(17'i e) Schedule for installation ofpennanent erosion and sediment control
devices where required.
4. 039B (18) securi
4,03 x.11:1118 i (a) The Applicant shall provide security for the performance ofthe work
described and delineated on the approved. Grading flan in an amount
to be set by the City. The form of security shall be one or a
combination of the following to be determined; by the City.
- .139111101 a (1) Bond or bonds issued by one or more fully
authorized corporate' sureties, The form of the
bond or bonds shall be subject to the approval of
the (City) ( Watershed Management Organization)'
Attorney.
1.1139B(111 (a) (2) Deposit, either with the (City) ffatershed
Management Organization)' or a ! responsible
escrow agent or trust company at the option of the
(City)' (Watershed Management Organization), of
money, negotiable bonds of the kind approved for
securing deposits of public monies, or other
instrument of credit from one or more financial
institutions subject to regulation by the State or
Federal government wherein said financial
institution pledges funds are on deposit and
guaranteed for payment.
4,03913(18)(a) (3) Cash in United States currency.
4, 0391 ( i 8 )(b) The Applicant shall provide security for the performance of the work
described and delineated in the Interim flan in an amount to be
determined by the City but not less than one hundred (100) percent
of the approved estimated cost of performing said work, The form
of the security shall be as set forth in Subsection (a) (2) and (3)
above.
i i 9 i ) (c) The .Applicant shall provide security for the performance ofthe work
described and delineated in the Final flan in an amount to be
determined by the City but not less than one hundred (100) percent
of the approved estimated cost of performing said work. The form
of the security shall be as set forth in Subsection (a) (2) and (3)
above.
4,039B (19) Fees Fees are to be paid pursuant to a schedule of fees as set forth in Chapter
14 of this Code.
(20)
i.039 (21)
4,039B 23)
4,0. OB (24)
4,0319B( 2 , i) (a) The Permittee notifies the City of the proposed assignment.
4.0398 24 (b) The proposed assignee.
.iiv 9M, 24 )� b) (1) Submits an application form pursuant to Section
4.039B(1l), and
having jurisdiction.:
Notice Applicant shall be notified of the City's, decision on the application
within three (3) working days of the decision.
Assignment of Permit A permit issued pursuant to this chapter may be
assigned, provided:
4,039B(2 0'b) (2)
4,0393( )(b) (3)
'I, w ol.i i ," b (4)
elAr 9B(24)d h) (5)
Agrees in writing to all the conditions and duties
imposed by the Permit, and
Agrees in writing to assume responsibility for all
work performed prior to the assignment, and
Provides security pursuant to Section 4.039B(18)
and
Agrees to pay all applicable fees.
i J)39 (4 ) (c) The City approves the assignment, The City shall set forth in writing
the reasons for its approval or disapproval of an assignment,
4.039B (25) No I rovements Planned Where an Applicant does not plan to construct
4.03 Meet all the requirements of this chapter except that are Interim Flare
designed to control runoff and erosion on the site for the period of
time during which the site, or portions thereof, remain unimproved
must be submitted in lieu of a Final Plan; and
r039B('1 "5)(b) Submit executed contract( s) asdefinedinSection4 .03913(29)(a)after
completion of grading
4,039B (26
4 (a) The Per ittee shall maintain a copy of the Permit, approved plans
and reports required under Section 4.039B(27) can the work site and
available for public inspection during all working hours.
4,.03913(26) (b) The Permittee shall, at all times, be in conformity with approved
Grading Plan, Interim and Final Plans.
,0,399 (27) Implementation of Permits Pennittee's Duties In addition to performing as
required under Section 4.039B(26).
4,03911(27)(a) Unless this requirement is waived by the City, Permittee shall notify
the City within seventy -two (72) hours of
4,03()B(2'1' )t,,0 (l) The beginning of the permitted activity.'
4.039B(27)( (, O (2) The completion of rough grading.;
4,03% (3) The completion of finished grading
The installation of all erosion control devices and
the completion of planting requirements.
Issuance of Permits The City shall issue a Permit upon approval of a Grading
4,0 39B( 1 27 (a) (5) Readiness of the site for final inspection,
including, but not limited to, finished grading,
installation of drainage devices and final erasion
control measures
4,0399( )(b) Permitter shall submit to the City, reports if:;
i.()39B(2';f= )(b) (1) There are delays in obtaining materials,
machinery, services or manpower necessary to the
implementation of the Grading, Interim or Final
Plans as scheduled.
- t.03913(2 ), 1i� (2) There are any delays in land - disturbing or filling
activities or soil storage.
i 39B( 7 )t b) (3) The work is not being done in conformance with
the approved Grading, Interim or Final Plans.
4, 039B( 7, ) (4) There; are any departures from the approved
Grading Plan which may affect implementation of
the Interim or Final Plans as scheduled.
Off "33 B J 2 7)(b) (5) There are any delays in the implementation of the
Interim or Final Plans
4,039B(- (6 ) There are any other departures from
implementation of the Interim or Final Plans.
4039 B(27 1 1 (c) Unless this requirement is waived by the City, Permitter shall submit
recommendations for corrective measures, if necessary and
appropriate, with the reports made under Subsection (b) above.
4,03%3 (28) Implementation of Permits
4,03911(28) (a) The City shall review all reports submitted by Permittee. The City
may require Perittee to modify the Grading Plan, Interim or Final
Plans, and maintenance methods and schedules. The City shall notify
the Permittee in writing of the requirement and specify, a reasonable
period of time within which Pennittee must comply. All
modifications are subject to City's approval.
4,(k ( (b) The City may inspect the site::
4J)3911i2 (b (1) Upon: receipt of a ;report by Permittee under
provisions of Section 4.039B(27) (a) and (b),
i3O3_ , ,28)(h) (2) To verify completion of modifications required
under Section 4r039B(28)(a)
4.03911(2 (3) During and fallowing any rainfall,
4 % 3911, 2 )(b) (4) At any other time, at the City's discretion.
4,0399(2 8) (r) Upon completion of the rough grading work and at the final
completion of the work, the City may, require the following reports
and drawings and supplements; thereto;
4 039i (28)tc (1) An as- graded grading plan prepared by the civil
engineer including original ground surface
elevations, as- graded ground surface elevations,
lot drainage patterns and locations, and elevations
of all surfaces and subsurface drainage facilities.
The engineer shall pruvideapprova,lthat the work
was done in accordance with the final approved
Grading Plan.
4,039B( (2) A soil grading report prepared by the soils
engineer including locations and elevations of field
density tests, summaries of field and laboratory
tests and other substantiating data and comments
on any changes made during grading and their
effect on the recommendations made in' the soil
engineering investigation report, The engineer
shall provide approval as to the adequacy of the
site fair the intended use.
,03 9B( )(c) (3) A geologic grading report prepared by the
engineering geologist including a final description
of the geology of the site including any new
information disclosed during the grading and the
effect; of same on recommendations incorporated
in the approved Grad' tug Plan.. The geologist shall
provide approval as to the adequacy of the site for
the intended, use as affected by geologic factors.
4. 039B (29)
$1,03913(29) (a) Executed contract(s) for maintenance and upkeep of Final Plan
runoff and erosion control measures for a period of three (3) years,
(Less desirable alternatives: deed restrictions requiring maintenance,
instructions on maintenance provided subsequent owners.)
4,039it (30) Suspension or Revocation of Permit The City shall first have resorted to the
procedures set forth in this Section before any other work enforcement
procedure set forth in this Article.
4 039B(.'0) (a) The City shall suspend the Permit and issue a stop work order„ and
Permittee shall cease all work on the wont site, except work
necessary to remedy the cause of the suspension, upon notification of
such suspension when:
-11.3,9B(30)(a) (1 ) The City determines that the permit was issued in
error or on the basis of incorrect i information
3 393 (2) (b) The Permittee fails to conform to the Interim. Plan or Final Plan as
approved or as modified under Section 4,039B(28)(a) and has had
his/her permit revoked under Section 4.039B(30)w
, 1,039B(32) (c) The techniques utilized under the Interim or Final Plan fail within
one (1) year of installation, or before a Final Plan is implemented for
the site or portions of the site, whichever is later.
4,03 /B(32) (d) The City determines that action by the City is ,necessary to prevent
excessive erosion from occurring on the site.
4,039B (33)
4,0 39 (, 3 ) (a) Securities held against the successful completion of the Grading Plan
and the Interim Plan, except for Interim Plans described in Section
4x039B(25), shall be released to the Permittee after inspection by the
City at the termination of the Permit, provided all conditions have
been met and no action against such security is filed prier to that
date.
i,d x B( 3.3) (b)
(34) Cumulative Enforcement Procedures The procedures for enforcement of a
Permit, as set forth in this section, are cumulative and not exclusive,
Securities held against the successful completion of the Final Plan
4.039C geaulation of Sexually Oriented Businesses and Adult Uses
4.i)39C (1)
4.039C( I) (a) Prevent additional criminal activity within the City;
4,039C(l) (b) Prevent deterioration of neighborhoods and its consequent adverse
effect on real estate values of properties within the neighborhood;
4,039('(1) (c) To locate Sexually Oriented Businesses away from residential areas,
schools, churches, and parks and playgrounds;
4 03 9(111) (d) Prevent concentration of Sexually Oriented Businesses within certain
4,0393,1 (e) Prevent the spread of sexually transmitted diseases.
4 039C (
provisions:'
t.(),3 9(' i (a) Activities defined as obscene b Minnesota Statute §617.241 are not
permitted and are prohibited.
4,039(,'(2) (b) Sexually Oriented Businesses and Adult Uses', either principal or
accessory, shall be prohibited from locating in any building which is
also utilized for residential purposes.
,u,i9Q 2) (c) Sexually Oriented Businesses and Adult Uses, either principal or
accessory, shall be prohibited from locating in any place which is
also used to dispense, consume or sell alcoholic beverages.
4,039C(2) (d) A Sexually Oriented Business or Adult Use which does not qualify:
as an accessory use shall be classified as an adult use - principal.
4,( 39('. (1"1) (e) Sexually Oriented Businesses or Adult Uses classified as an adult
use- principal may not locate or operate within the City without first
obtaining a Sexually Oriented Businesses Adult Uses Principal
License as required by §8.27 of this Code
i. 9 " (3) Adult Uses - Principal
1. 039C(3) (a) Sexually; Oriented Businesses classified as adult use - principal shall
be located at least three hundred (30tl) radial feet, as measured in a
Purpose and Intent The regulations of this section have neither the purpose'
straight line from the closest point ofthe property line of the building
upon which the adult use - principal is located to the property line of
4e03 903)(a � (i) Residentially zoned property, or residential uses,
t ui 3 i; °(3) a ) (ii) A licensed day care center.
,039(. "(3) a l (iii) Public or private educational facilities including
preschools, elementary, junior high or senior high
schools.
4,039Q3 ")(a? (iv) A public library..
4,039(_11 1(a,� (v) A public parka
4,039 ,. ,3)( (vi) Another adult use, principal,,
4,039Q13 ))(a) (vii) An on -sale liquor, wine or beer establishment.
4,,03903)(�',o (viii) Churches
4,039 "t 9 as a (ix) Commercial recreational facilities if the majority
of its customers consist of minors.
4,0"i9(' r . (aa) (x) Specialty schools if the majority of its students
consist ofinom
(b) Adult use - principal activities, as defined by this Code shall be
classified as one use. Two or more Sexually Oriented Businesses or
Adult Uses - Principal shall not be located in the same building or
upon the same property.
4,039C(3) (c) Sexually Oriented Businesses shall adhere to the following signing
regulations.
4M39( '(3 (v) (i) Sign messages shall be generic in nature and shall only
identify the type of 'business or use which is being
conducted; and
4,01'19("(3 )(c) (ii) Shall not contain material classified as advertising; and
4 , 0 3 90 3)( (iii) Shall comply with the requirements of size and number for
the district in which they are located
4,039(' 3 ) (d) Adult use - principal activities shall be prohibited at any public show,
movie, caravan, circus, carnival., theatrical, or other performance or
exhibition presented to the general public where minors are
permitted.
4,039(_'(4) Adult Uses - Accessory
4.039(_'(4) (a) Adult use - accessory shall:
9 "(4 )�,a'ji) Comprise no more than ten (10) percent of the floor area of
the establishment in which it is located,'
4,039( '(4)(a) (ii) Comprise no more than twenty (20) percent of the gross
receipts of the entire business operation
4 A03 1,`( i ",i)(W) Not involve or include any activity except the sale or rental
of merchandise
4,0390 (b) Adult use - accessory shall be restricted from and prohibit access to
minors by the physical separation of such items from areas of general
public access, Business owner shall make every reasonable
precaution to limit access to minors.
t,03 � _i,i (i) Movie > Rentals Display areas shall be restricted from
general view and shall be situated in such fashion as to
prohibit access and visibility to minors, the access of which
is in clear view and under the control of the persons
responsible for the operation.
a ,039 ..;4y(bl (ii)' Magazines Publications classified or qualifying as adult
uses shall not be accessible to mirrors and shall be covered
with a wrapper or other means to prevent display of any
material other than the publication title.
4t039C(4 (()(iii) QtherUse. Adult uses-accessory not specifically cited shall
comply withthe intent of this section subjeetto the approval
of the City Council.
4,039C( (c) Adult use - accessory shall be prohibited from both internal and
external
4.039 Personal Wireless Service Antennas and Towers
4,01'39D (1) Purpose and Intent The purpose of this section is to establish predictable,
4.. 0,' 91) (2)
4,0",191)(2 ) (a) Unless the antenna/antenna support structure and land is under the
same ownership, written authorization for antenna erection shall be
provided by the property owner as well as the applicant.
Personal Wireless Service Antennas Personal wireless service antennas
erected on an antenna support structure may be allowed as a permitted
secondary use in all zoning districts by administrative permit and provided
they comply with the following standards,
4.0391')( - ?) b) In commercial and industrial zoning districts, the antenna support
structure must be twenty (20) feet in height or greater. Within
residential zoning districts, the ; support; structure must be thirty -six
(36) feet in height or greater.
4..0391)(2 (c) The antenna shall not extend beyond the height of the antenna
support structure by greater than twenty (24) feet
4 ,039D( 1 2) (d) The antenna support structure and antenna shall be in compliance
with the Minnesota State Building Code and all other applicable
federal and state regulations and permits.
4,0391)(2) (e) The structural design and mounting plans of the antenna on the
existing antenna support structure shall be in compliance with
manufacturer's specifications and shall be 'verified and approved by
a registered professional engineer.
4,0 391)(2) (f) No advertising message shall be affixed to the antenna.
tk39[')i `'2) (g) Antennas shall not be artificially illuminated unless required by law
public's health and safety.'
4,03Q[)( (h) When applicable, proposals to erect new antenna shall be
accompanied by any required federal, state, or local agency licenses.:
4,()39D(1'(!) (i) Transmitting, receiving, and switching equipment which is not self-
contained shall be housed within the existing antenna support
structure whenever possible, Self - contained transmitting, receiving
and switching equipment shall be located at the base of the antenna
and screened from view from residential uses and public rights-of-
way,
4.€ 391 () (j) All obsolete and unused antennas shall be removed within twelve
(12) months ofeessation of operation at the site, unless an exemption
is granted by the City Manager or designate. The removal shall be
the joint or several responsibility of the utility or communication
provider and land owners
4,0 3 9 i. �, ,� (k) Antennas shall be of a color and configuration as to minimize adverse
visual effect. Antennas mounted to the side of an antenna support
structure' shall be of a matching color in order that such facilities
harmonize with the character and environment of the area in which
they are located,
4,03 (3)
4 w0391)(3') (a) Unless the antenna tower and land is under the same ownership„
written authorization for antenna and antenna tower erection shall be
provided by the property owner as well as the applicant.
Personal Wireless Service Antenna Towers Personal wireless service
4,039 ) 3) (b) All obsolete and unused antenna towers shall be removed within
twelve (12) months of cessation of operation at the site, unless an
exemption is granted by the City Manager or designate. The removal
shall be the joint and several responsibility of the antenna tower
oNvner and land owner:
4 0 91)(:1) (c) All antenna towers shall be in compliance with the Minnesota State
Building Code and all other applicable federal and state regulations
and permits.
4,0391)( (d) Structural design and construction plans of the antenna towers shall
be in compliance with manufacturer's specifications and shall be
verified and approved by a registered professional engineer.
10391')(3) (e) When applicable, proposals to erect new antenna towers shall be
accompanied by any required federal state, or local agency licenses.
4,03 (f) The City may authorize the use of City property for an antenna tourer
in appropriately zoned districts in accordance with the procedures of
the City Code. The City shall have no obligation whatsoever to use
City property for such purposes.
4.0391)(3) (g) Antenna towers shall maintain a minimum setback to the nearest
1.0391)(3) (h)
All antenna towers shall maintain a minimum separation of one
thousand (1,400) feet front existing towers at the time the conditional
use permit is approved.
4,03N)(3) (i)
Maximum height of a two antenna array tower shall be one hundred
forty -five (145); feet, A tower providing for three (2) or more
antenna arrays may have a maximum height of one hundred sixty -
.
five (165) feet.
4,0,391 )1�3 O
Antenna towers shall not be artificially illuminated unless required
by law or by the Federal Aviation Administration (FAA) to protect
the public's health and safety.
4,0341)(3) (k)
No advertising message shall be affixed to the antenna tower,
,030f)(3) (1)
Antenna towers shall be painted silver or have a galvanized finish to
reduce visual impact, unless otherwise required by federal law.
4. 039D(31(m)
Antenna towers shall be of a color and configuration as to minimize
adverse visual effects in order that such facilities harmonize with the
character and environment of the area in which they are located.
requirements of the base zoning district, whichever is greater.
4,0 alit (3 ) (n) A security fence eight (8) feet in height shall be provided around the
base of the antenna tower. A locked anti -climb device shall be
installed on all towers extending twelve (12) feet above the ground.
4,0391)(3) (o) Transmitting, receiving and switching equipment, whether self;
contained or located in a free - standing; equipment building, shall be
located at the base of the antenna tower and shall be screened from
view from residential uses and public rights-of-way.
,4„0391,' 3) (p) If a new antenna tower is to be constructed it shall be designed to
accommodate at least two (2) antenna arrays including, but not
limited to, other personal wireless service companies, local police,;
fire, and ambulance companies
i.t 391)% 3) (q) The conditional use permit provisions of Section 4.33' of this Code
must also be satisfied.
4,039D (4)
4,,0391.)( 4) (a) The applicant must demonstrate by certification of a registered
engineer that any antenna support structure is structurally capable of
supporting the antenna and related equipment and complies with the
Minnesota State Building Code:
4,0391)(4) (b) Antennas located in an existing structure shall not extend more than
twenty (20) feet above the height of the structure to which they are
attached.
4,0 (c) Antennas attached to a tower shall comply with the tower provisions
set forth in Section 4.0391)(3) of this Code.
shall also comply with the following standards:
4.039E Wetland Conservation Regulation s
4,039E (
4,039E (3) S, cane This section regulates the draining and filling of wetlands and parts of
wetlands within the City of New Hope. It is part ' of the official controls of the
City. Conflicts with other official controls must be resolved in favor of
providing the most wetland protection.
4.039 (4) Procedures
4.039E(4) (a)
Administrator should seek the advice of the Technical Evaluation
Panel on questions of wetland delineations and type. (The WCA
requires that the Technical Evaluation Panel include representatives
of the Board of Water and Soil Resources, Hennepin Conservation
District, the Watershed Management Organization, and the City. It
is recommended that representatives from the U.S. Army Carps of
Engineers be included on the Technical Evaluation Panel. When
dealing with a DNR protected water, a regional 'DNRrepresentative
should be invited to participate.) The Zoning Administrator's
decision is final unless appealed to the Board of Adjustment' within
thirty (30) days.
,4,0391-',(4) (b) Sequencing and Replacement Plan Decisions Sequencing and
replacement plan decisions under Minnesota Rule part 8420.0520
8420.0550 shall be made following the same procedures as for
conditional use permits (per Section 4.33) plus the additional notice
and time requirements of part 8420,0230, If the amount of wetland
to be drained or tilled is less than one-ten th (1,10) of an acre, the
sequencing determination under Minnesota Rule part 8420.0520 shall
he made by the Zoning Administrator.
ecological, aesthetic, recreational and economic assets to the City, They are
Code which are defined in the Act or the Rules have the meanings given there.
.039E(4) (e) Monitoring The Zoning Administrator shall assure that the
replacement plan monitoring and enforcement requirements of
Minnesota Rule part 8420,0600 - 8420,0630 are fulfilled,
4,03 (d) Wetland Banking Wetlands may be restored or recreated within the
City for purposes of deposit in the wetland bank in accordance with
Minnesota Rule part 8420.0700- 8420 .0720. The Zoning
Administrator is responsible for approving bank plans, certifying
deposits, and monitoring ofbanked wetlands and enforcement under
the rules.
4,0,59E(4) (e)
Appeals Decisions made under this section maybe appealed to the
Board of Water and Soil Resources under Minnesota Rule
8420,0250, after administrative appeal rights under the official
controls have been exhausted.
4,0,319f (f)
Variances The City Council tray, issue variances from the official
controls of the City so bang as variances do not wary requirements of
the Act or the Rules.
4,0391"(4) (g)
Technical Evaluation Panel The City,shall appoint a person to serve
on the Technical Evaluation Parcel. The person must be a technical
professional With expertise in water resources management.
4,039E(4) (h)
Decisions under this section must not be made until after receiving
the determination of the Technical Evaluation Panel regarding
wetland public values, location, size, and /or type if the decision -
maker, the landowner, or a member of the technical panel asks for
such determinations.
4,0339: ( (i)
The Planning Commission and/or City Council may seek and may
consider recommendations, if any, made by the Technical Evaluation
Panel in making replacement decisions;
4,03191 -,', (6)
High Priority Areas Decisions regarding sequencing, replacement plans, and
4,04 GENERAL DISTRICT PROVISIONS
4.041 Cate cries ofDistricts The following zoning classifications are in effect within the City ofNew
Hope.
i,(41 (1) Residential Districts
4.04 i iii (a)
R -1, Single Family Residential District
,041 0) ()
R-2, Single and Two Family Residential District
4,0 i 1( i ) (c)
R -3, Medium Density Residential District
4,0 i ( i) (d)
R-4, High Density Residential District
4,04 1 ( 1) (e)
R -S, Senior Citizen Residential District
4,0 ,4 1(1 ) (f)
R -B, Residential/Business District
4,04)(2) Business Districts
4.041(2) (a)
LB, Limited Neighborhood Business District
,041( ) (b)
CB, Community Business District
(3) Industrial Districts
4,04 i () i (a)
I, Industrial District
4,041 (4) Special Districts
4,041 (4 ) (a)
PI.TD, Planned Unit Development District
4,041(4) ()
FP, Flood Plain District
U41(4) (c)
S, Shore and Permit Overlay District
4.042
4,043
4,04,1 (1)
4,043(2)
Code or as this Code is amended.
of Appeals and Adjustments.
4.05 R -1 SINGLE FAMILY RESIDENTIAL DISTRICT
4.0511 Purpose, The purpose of the R-1 Single Family District is to provide for low density single
family detached residential dwelling units and directly related; accessory and complementary
uses.
4.052 Permitted. Uses, R -1 : The following are permitted arses in an R -1 District:'
Single family detached dwellin s
4,052 (2) Boarding (house) Home - Foster Children Subject to applicable County and
State licensing requirements.
1052 (3) Day Care In Home Subject to applicable County and State licensing
requirements, serving up to twelve (12) persons.
4,.052 (4) Public Parks and Playgrounds
4,,032 (5) Essential Services (See Definition).
4,052(6) Group Home, Single Family
4.453 Accessory t ses, R -1 , The following are permitted accessory uses in an "R -1" District.:
4,053(l)
1.053 (2)
4,053(3)
.053 (4)
4€0 3(5)
A5 (6)
4,05 33 (7)
Code.
Recreational Vehicles and Equipment Storage per Section 4.034(9)(b) of this
Code,
Non- commercial Greenhouses and Conservatories
Recreational Facilities Swimming pool, tennis courts and other recreational
Storage Sheds Tool houses, shed and/or similar building for storage of
domestic supplies and non-commercial recreational equipment.
Boarding Rooms ooms Boarding or renting of rooms to not more than one person:
Accessory Antennas Accessory antennas in conformance with Section
4,032(6)(h) of this Code.`
4.054 lJses by Administrative Permit The following are uses by administrative permit in the R -1
District. (Requires an administrative permit based on the procedures set forth in and regulated
by Section 4.31 and the performance standards set forth in Section 4.03 of this Cade:
4,0 , (1) E xpansionof anon-conforming single family buildingperA.031(10)(a)ofthis
Code.
,054 (2)
,054 (
4,054 (
4,054(5)
Accessory building side yard setback. reductionper Section 4,032(6)(c) of this
Cade.
Personal wireless service antennas per Section 4,039D of this Code.
Permitted home occupations per Section 4,037(3) of this Code,
provided that-
4,05,4(5) (a), CoMpatibilily and Setbacks. Conformity with the surrounding
neighborhood is maintained and required setbacks and side yard
requirements are met.
4.055
4,055(l)
.d# (a) Side Yards Side yards shall be double that required for the district,
but no greater than thirty (30) feet.
4,055 (2) Recreational Commercial outdoor recreational areas including golf courses
and club house country clubs, swimming pools and similar facilities provided
that:
4,0 ( .) (a) Outdoor The principal use, function or activity is open, outdoor in
character.
4,055(--) (b) Limited Structures Not more than Eve (5) percent of the land area
of the site be covered by buildings or structures.
i.i (4) PUD Residential. Residential planned: unit development as regulated by
Section 4.34 of this Code.
4,054 ( ) (b) Equipment Enclosed Equipment is completely enclosed in a
permanent structure with no outside storage.
synagogues provided that:
4055 (5) Cemeteries Cemeteries platted after July 5, 1979, provided that :'
4,055(5) (a) Platting Required The cemetery :must be platted under the Platting
Code of the City.
<i 055(5) (b) Area The overall site does not contain more than twenty -five (25)'
acres,i
4,055(5) (c) .Access The site accesses on a ;minor or principal arterial only.
4 , $ 5 5( ,$) (d) Comprehensive Plan The applicant has applied for a comprehensive
plan amendment and said amendment has been processed and
approved in accordance with applicable State Statutes.
U55 (b) Day Care Facility A State; licensed facility, serving thirteen (13) or more
people, provided that:
(a) Accessory Use The day care facility is an accessary use of
Building used for educational or religious purposes as permitted by
and in compliance with Section 4.055(l) of this Code.
4 ; (6) (b) Front Yard Set -Back The front yard set-back is a minimum of thirty
(30) feet.
4 5 (6 (c) Outdoor Play Area Outdoor play areas are landscaped and screened
from abutting residential properties in compliance with Section
4.034(3) of this Code,
4,055(6) (d) Street Access The site and related parking and service is sensed by
an arterial or collector street of sufficient capacity to accommodate
the traffic which will be generated,
4i 055(61) (e) State Regulations The regulations and conditions of Minn. Rules
Parts 9545.0510 through 9545 0678 as adopted and amended are
satisfactorily met. No facility shall begin operation without a State
license. .
4,055(6) (f) Building and Fire Codes. That all applicable provisions of the
Minnesota State Building Code and Fire Code have been met, That
the City Building Official and Fire Department shall inspect the
property prior to the issuance of the conditional use permit to
determine if this subsection of this Code has been complied with.
4.056
4,036(l) Lot Area
4,056(l) (a) Base Lot
4,0560)(a) (i) Single Family ;Dwellings: Nine thousand five hundred
(9,500) square feet.
4,056(1 )(hy) (ii) Other Uses: Fifteen thousand (15,000) square feet.
4,056(1) (b) Unit Lot Nine thousand five hundred (9,500) square feet..:
4.056 (2) Lot Width
4I 05 (2) (a) Single Family, Seventy -five (75) feet
4,056(2 ( b) Single Family- Corner Lot. Ninety (90) feet.
4,056('2) (c) Other Uses. Ninety (90) feet. ,
4.056(2) (d) Other Uses - Corner Lot One hundred (100) feet,
4,056(3) Buildigg Her ht . Two and one -half (2 -112) stories or thirty -two (32) feet,
whichever is greater.
4,056(4) Setbacks.
Front: Local
Front: Arterial or
Rear
Side: Interior
Side: Corner
Side: Arterial or
Street
Community
Side Yard
Local Street
Community
Collector Streets
-
Collector Street
(a)
(a)
25 feet
30 feet
25 feet
1015 (b)
20 feet
25 feet
(a) See Section 4.033 (6)(b) of this Code.
(b) Ten (10) foot side yard setbacks are required except a five
(5) foot side yard setback is permitted for an attached
garage.;
4.06 R-2, SINGLE AND TWO FAMILY RESIDENTIAL DISTRICT
4.061 Purpose, The purpose of the R -2 Single and Two Family Residential District is to provide for
low density single family detached residential dwelling units and directly related, accessory and
complementary uses.
4.062 Permitted Uses, R 2 N The fdllowing are permitted uses in an R-2 District.
4,062(1) Sin leg fatnily detached dN ellznas
41,062(2) Two family duellrn -as
4,062(3) Boarding (house) i Horne - Foster Children Subject to applicable County and
State licensing requirements,
4,062(4) Day Care In Home Subject to applicable County and State licensing
requirements:
,06 (5)
,06 (6) Essential Services
4,062(7) Croup Horne. Single pan ily
4.063 Aecessoly Uses, R -2 3 The following are permitted accessory uses in an R' -2 District::
4.06; (1)
Code.
Recreational Vehicles and Eguigment Storage per Section 4.034(9)(b) of this
Code.
Non - commercial gLeenhouses and C:oMervatories
4,063(4) Recreational Facilities Swimming pool, tennis courts and other recreational
facilities which are operated for the enjoyment and convenience of the
residents of the principal use and their guests.
40613 (5)
4,063,(6)
(6)
person.
4.063 (7) Accessory Antennas Accessory antennas in conformance with Section
4.032(6)(h) of this Code
4.064
4,064(l) Expansion of a non - conforming single, family or two family building per
4P031(10)(a) of this Code.
4,064(2) Accessory building side yard setback reduction per Section 4,032(6)(c) of this
Code.
4,064(3) Personal wireless service antennas per Section. 4,039D of this Code.
i. 64 (4) Permitted home occupations per Section 4.037(3) of this Code.
4,064 (5)
necessary for the health, safety and general welfare of the community,
provided that:
4,06-45) 45) (a) Conatibili1y and Setbacks Conformity with the surrounding
neighborhood is maintained and requited setbacks and side yard
requirements are met,
4.064 (5) (b) Equipment Enclosed Equipment is completely enclosed in a
permanent structure with no outside storage,
4.065 Conditional Uses R-2 The following are conditional uses in an R -2 District, (Requires
conditional use permit based upon procedures set forth in and regulated by Sections 4.303 and
4,33 the performance standards set forth in Sections 4.03 of this Code:
4,06 (1) Public, Educational and Religious Buildings Public or semi- public
recreational buildings and neighborhood or community centers; public and
private educational institutions limited to elementary, junior high and senior
high schools, and religious institutions such as churches, chapels, temples and
synagogues provided that:
4,065� d) (a) Side Yards Side yards shall be double that required for the district,
but no greater than thirty (30) feet.
4,065(2) Recreational Commercial outdoor recreational areas including golf courses
4.06 (a) Outdoor The principal use, function or activity is open, outdoor in
character,
4.0$N- (b) Limited Structures Not more than five (5) percent of the land area
of the site be covered by buildings or structures.
4,06 (3) PM Residential Residential planned unit development as regulated by
Section 4.34 of this Code,
4,065(4) Cemeteries Cemeteries platted after July 5, 1979, provided that:
4,065(4) (a) Platting •~Required The cemetery must be platted under the Platting
Code of the City.
4'065(4) (b) Area The overall site does not contain more than twenty-five (25)
acres.
4,065( ) (c) Access The site accesses on a minor or principal arterial only.
4.i 65(,1) (d) Comprehensive Plan The applicant has applied for a comprehensive
plan amendment and said amendment has been processed and
approved in accordance with applicable state statutes.
4,065(5) Day Care Facility A State licensed facility, serving thirteen (13) or more
people, provided that:
4,065(5.) (a) Access2a Use .; The day care facility is an accessory use ofa
building used for educational or religious purposes as permitted by
and in compliance with Section 4.065(l) of this Code,
406( ')(b)
(30) feet
4,065(5) (e) Outdoor Play Area. Outdoor play areas are landscaped, fenced and
screened from abutting; residential properties in compliance with
Section 4.034(3) of this Code.
4,06 ) ( d) Street Access The site and related parking and service is served by
an arterial or collector street of sufficient capacity to accommodate
the traffic which will be generated.
4,065(5) (e) State Regulations The regulations and conditions of Minn. Rules
Parts 9545;0510 through 9545.0678 as adapted and amended are
satisfactorily met, No facility shall begin operation without a State
license.
4,065(5') (f) Building and Fire Codes. That all applicable provisions of the
Minnesota State Building Code and Fire Code have been meta That
the City Building Official and Fire Department shall inspect the
property prior to the issuance of the conditional use permit to
determine if this subsection of this Code has been complied with.
4.0661
4,066(l) Lot Area
4,066( i) (a) Base Lrot
4 066(1)f a) (i) Single, Family„ Eight thousand four hundred (8,400)
square feet,
4.066(1)0) (ii) Two Family. Twelve thousand (12,000) square feet.
t 66(l)(a) (iii) Other Uses. Fifteen thousand (15,000) square feet.
4,066(i) (b) Lot Area Per Unit
1,066 (i X ) (i) Single Family. Eight thousand four hundred (8,400) square
feet.
4, 66 l `( (ii) Two Family. Six thousand (6,000) square feet:
4,06 6(2) Lot Width
t,066(2t , (a) Single Family. Seventy (74) feet.
4 066(2) (b) Single Family - Corner Lot. Ninety (90) feet.
4.066(2) (c) Two Family. Seventy -five (75) feet.
4,066(21) (d) Two Family-Comer Lot. Ninety (90) feet.
4. &x%6(2) (e) Other Uses. Ninety (90) feet.
Fl. ii 56( ) (f) Other Uses- Corner Lots. One hundred (100) feet.
Building Height Two and one -half (2 -112) stories or thirty -two (32), feet;
whichever is greater,
4,0, 66 (4) Setbacks
Front: Local
Front: Arterial
Rear
Side:
Side:
Side: Arterial or
Street
or Community
Interior
Corner
Community
Collector Street
,
Side
Local Street
Collector Street
(a)
Ward
(a)
25 feet
30 feet
25 feet 1
1015 (b)
20 feet
25 feet
(a) See Section 4,433 (6)(b) of this Code:
(b) Ten (10) foot side yard setbacks are required except a five (5) foot side yard setback is
permitted for an attached garage.
4.07 R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT
4.071 Purpose The purpose of the R -3 Medium Density Residential District is to provide for medium
density housing in townhouses and multiple family structures and directly related complementary
uses.
4.072 Permitted Uses, R -3 . The following are permitted uses in an R -3 District.
4,07'e (1) Two Family/MUltigle Family Two family and multiple family dwelling
structures containing twelve (1) or less dwelling. units,
4,07 2 (2) Boarding Houses Boarding houses limited to not more than ten (1 U) resident
persons.
t.ii 72 (3) Day Caro In Hoene Subject to the applicable State licensing requirements
serving up to twelve (12) persons,
4,072(4) Public Parks and Playgrounds
LOT' (5) Essential Services (See definition).
4.073 Accessory Uses, R-3 The following are permitted accessory uses 'in an R:�-3 District:
4A73 (
(12,000) pounds, as regulated by Section. 4.035 (Off-Street Parking) of this
Code
4.073(2) Off-Street Loading
(3) Recreational Facilities Swimming pool, tennis courts and other recreational
facilities which are operated for the enjoyment and convenience of the
residents of the principal use and their guests.
4,073 (4)
U7-1 (5) Boarding Rooms Boarding or renting of rooms to not more than one (1)
person.
,073 (6) Accessory Antennas Accessory antennas in conformance with Section
4.032(6)(h) of this Code.
4.07#
4 4 (1) Expansion of a non - conforming two family building per 4.031(10)(a) of this
Code
4,074 (2) Accessory building side yard setback reduction per Section 4.032(6)(c) of this
Goole.
4,071(3) Personal wireless service antennas per Section 4.039D of this Code,
4,074 (4) Permitted home occupations per Section 4.037(3) of this Code.
4,0 74 ( Munici alGoyei nmentandLTtili Buildin s. Municipal government, publicly
regulated communications, and public utility buildings and structures
necessary for the health., safety and general welfare of the community,
provided that:
4,074(5) (a) Compatibility and Setbacks Conformity with the surrounding
neighborhood is maintained and required setbacks and side + yard
4.074(5) (b) Equipment Enclosed Equipment is completely enclosed ma
permanent structure with no outside storage:
4.075 Conditional Uses R -3. The fallowing are conditional uses in an R-3 District (Requires a
4,075(l)
4,075 1) (a) Side Yards Side yards shall be double that required for the district,
but no greater than thirty (30) feet.
4.0 75(2)
(z)
4,0a`5 (3) Day Care A State licensed facility, serving thirteen (13) or more persons,
provided that
4,075(3) (a) Street Access The site and related parking and service is served by
an arterial or collector street of sufficient capacity to accommodate
the traffic which will be generated.
,075(3) (b) State Regulations The regulations and conditions of Minn. Rules
Part 9545.0510 through 9545.0670 are satisfactorily met. No facility
shall begin operation without a State license.
4,075(3) (c) Building and Fire Code That all applicable provisions of the
Minnesota State Building Code and Fire Code have been met. That
the City Building Official and Fire Department shall inspect the
property; prior to the issuance of the conditional use permit to
determine if this sub- section of this Code has been complied with.
4,075(4) Residential Group _Care Facility A Stater licensed residential facility serving
seven (7) to sixteen (16) persons provided that the following conditions are
met for the protection of the residents of the facility:
high schools; and religious institutions such as churches, chapels, temples and
synagogues provided that.
A)75(4) (a) The facility is licensed by the Mate of Minnesota and the operator of
the facilityprovides documentation ofcompliancewith all applicable
Federal, State, Metropolitan and County regulations.
4,,075'(4 ) (b) The facility is in compliance with and is maintained in accordance
with the Minnesota State Fire Code and Uniform Building Code,
4,075(4) (r) The facility is not located within one thousand three hundred twenty
feet (1,32{}) of any similar type use or care facility.
4,07:5(,A) (d) The entrance of the facility is located within four hundred (400) feet
of a public transit route and stop, and pedestrian access is available,
or the operators provide a transportation/access plan which is found
acceptable by the City Council.
4.076
4,076(l) Lot Area
4.076( (a) Base Lot
4,0760)(a) (i) Twinhome Ten thousand (10,000) square feet,
4.076 1)(a) (ii) Multiple Farnil DwellingorTo nho es . Fifteen thousand
(15,000 square feet.
1,0 76 (1 ')( i) (iii) Other Uses Fifteen thousand (15,000) square feet..
11116( ) (b) Lot Area Per Unit
4,076( 1 )(b) (i) Tcvinho nes, Quadraminiu s or Townhomes Five
thousand (5,000) square feet.
4,076(1 )1 b) (ii) Multiple Family Dwelling Three thousand (3,000) square
feet.
1.176 (2) Lot Width
4,t1 6(2 -) (a) Twinhomes Seventy -five (75) feet.
1,076(2') (b) Twinhornes -Corner Lot .; Ninety (90) feet.
1,076(2) (c) Multiple Family Dwelling; ToMhomes Eighty (80) feet.
4, 076( ( d) Multiple Family Dwelling Townhomes- Corner Lot One hundred
(100) feet.
4.075(4) (4) (e) The operation is subject to monitoring by the City and is found to
be in compliance with all applicable construction and operation
regulations and standards.
,0 X6(2) (e) Other Uses. Ninety (90) feet.
4.076(2) (f) Other Uses-Corner Lo, One hundred (100) feet.
4n076 (3) Building Height Three (3) stories or thirty-six (36) feet, whichever is
greater,
4,076 (4) Setbacks.
(a) See Section 4x033 (6)(b) of this Code.
(b) Ten (10) foot side yard setbacks are required, except a five (5) foot setback is permitted
for an attached garage,
Front,
Front, Arterial or
Rear
Side:
Side:
Side Arterial or
Local
Community
Interior
Comer
Community
Street
Collector Street
Side
Local
Collector Street
(a)
Yard
Street
(a)
Twinhomes
25 feet
30 feet
30 feet
1015 feet
20 feet
25 feet
I (b)
Townhome/
25 feet
30 feet
30 feet
10 feet
20 feet
25 feet
Quadrarninjum
Multiple Family
30 feet
30 feet
30 feet
20 feet
20 feet
25 feet
Otber Uses
30 feet
30 feet
30 feet
20 feet
20 feet
25 feet
(a) See Section 4x033 (6)(b) of this Code.
(b) Ten (10) foot side yard setbacks are required, except a five (5) foot setback is permitted
for an attached garage,
4.08 R-4 HIGH DENSITY RESIDENTIAL DISTRICT
4.081 Pu 'ose> The purpose of the R -4 High Density Residential District is to provide for high density
residential uses, and directly related uses.
4.082 Permitted Uses, R-4 The following are permitted uses in an R -4 District
4,08 (1) Two Family/Multiple Family Two family and multiple family dwelling
structures:
4,082(2) Boarding Houses Bearding houses limited to not more than ten ;(I{3) resident
persons,
4.082(3) Public Parks and Playgrounds
Essential Services (See Definition).;
4.083 Accessory Uses Permitted, R -4 , The following are permitted accessory uses in an R-4 District:
4,083(2)
4,083(3)
4,083(4)
4,083(-5)
.083 (6)
4.084
Code.
Off - Street Loading.
Recreational Facilities Swimming pool, tennis courts and ether recreational
Storage Sheds Tool house, shed and/or similar building for storage of
domestic supplies and non - commercial recreational equipment.
Boarding Roos Boarding or renting of rooms to not more than one (1)
person:
Accessory= Antennas .Accessory antennas in conformance with Section
4.(3:32(6)(h) of this Code.
,i ,0 l (2) Accessory building side yard setback reduction per Section 4.032(6)(c) of this
Code4
4,084(3) (3) Personal wireless service antennas per Section 4,039D of this Cade,
4,084(4) Permitted home occupations per Section 4.037(3) of this Code.:
41)84 (1) Expansion of a non- conforming two family building per 4.031(10)(a) of this
Code,
4,084 (5) Municipal Government and Utilily Buildings, Municipal government, publicly
regulated communications, and public utility buildings and structures
necessary for the health, safety and general welfare of the community,
provided that;
4,084(5) (a) Comtoatibilty and Setbacks Conformity with the surrounding
neighborhood is maintained and required setbacks and side' yard
requirements are met.
4.084431 (b) Equipment Enclosed Equipment is completely enclosed in
permanent structure with no outside storage.
4.085 Conditional Uses, R -4 ,. The following are conditional uses in an "R-4" District: (Requires a
conditional use permit based upon procedures set forth in and regulated by Sections 4,303 and
4,33, the performance standards set forth in Section 4.03 of this Cade).
4,085(l)
4 085(i i ( a) Side Yards Side yards shall be double that required for the district,
but no greater than thirty (30) feet,
4,085 (2) PUD Residential' and Townhomes Residential planned unit developments
and townhomes as regulated by Section 4.34 of this Code.
4,085 (3) Day Car e . A State licensed facility, serving thirteen (13) or more, persons
provided that:
4()85(3 ) (a) Street Access The site and related parking and service is served by
an arterial or collector street of sufficient capacity to accommodate
the traffic which will be generated.
4,085(3) (b) State Regulations, The regulations and conditions of Minn. Rules
Part 9545.05 10 through 9545.0670 are satisfactorily met. loo facility
shall begin operation without a State license ,
4 085(3) (c) Building and Eire Code That all applicable provisions of the
Minnesota State Building Cade and Fire Code have been met. That
the City Building Official and Fire Department shall inspect the
property prior to the issuance' of the conditional use hermit to
determine if this subsection of this Code has been complied with.
4,08,S(4) Lon Term Care Facility Long Term Care " Facility, but not including
hospitals, or similar institutions, provided that-
4,085(4) (a) Side Yards Double Side,; yards are double the minimum
requirements established for this District and are 'screened in
compliance with Section 4,034 (3) of this Code.
4,085 (4) (b) Rear Yard Requirements Only the rear yard shall be used for
recreational areas. Said area shall be fenced and controlled and
screened in compliance with Section 4.034 (3).
,0 (4) (c) Street Access The site shall be served by an arterial or collector
street of sufficient capacity to accommodate traffic which will be
generated.
4,085(4) (d) Permits and State Laws All state laws and statutes governing such
use are strictly adhered to and all required operating permits are
secured.
4M5 (5)
foot reductions;
Bon i Feature
Square Foot Reduction Per Unit
(a )
action Durable exterior
300 square feet
wall finishes consisting of glass,
bricks stone or stucco on seventy
(70) percent of the wall face.
(b)
Under round Parkin' . One (1)
300 square feet
space per unit of the require
free parking is underground or
within the principal structure
(not including attached or
detached garages).
(c)
Recreation, Indoor Indoor
100 square feet
recreation and social rooms
equal to a minimum oftwenty-
five (25) square feet per unit or
seven hundred fifty (750) square
feet total, whichever is greater.
(d)
Recreation. Outdoor Outdoor
100 square feet
recreational facilities such as
swimming pools, porches, tennis
courts or similar facilities
requiring a substantial
investment equaling at
minimum five (5) percent of the
construction cost of the principal
structure.
(e)
Public Transit Transit service
104 square feet
available within three hundred
(300) feet of entrance=
4,04'5 (6) Senior Housing Senior housing provided that::
6.0 85(6) (a) Age Limit Within a senior housing facility, eighty (80) percent of
the dwelling units must be occupied by at least one (1) person of the,
age of fifty -five (55) years or older.
4,085(6) (b) Public Transit The site of the, main entrance of the principal use is
served or is located within five hundred (500) feet of regular transit
service.
4,081(6) (c) Elevators Elevator service is provided to each floor lever
4,085(, () Open Space Twenty (0) percent of the gross lot area shall be
maintained for passive or active recreational use.
is.,) (7) Group Care Facility A State licensed facility serving seven (7) or more
persons,
4,085(7) (a) The facility is licensed by the State ofMinnesota and the operator of
the facility provides documentation ofcomplianee with all applicable
Federal, State, Metropolitan and County regulations.
4i 085 () (b) The facility is in compliance with and is maintained in accordance
with the Minnesota State Fire Code and Uniform Building Code.
4,08: (7) (c) The facility is not located within one thousand three hundred twenty
(1,320) feet of any similar type use or care facility.
„ 1M10 ( i) (d) The entrance of the facility is located within four hundred (400) feet
of a public transit route and stop, and pedestrian access is available,
or the operators provide a transportation/access plan which is found
acceptable by the City Council
4 ,085(7) (e) The operation is subject to monitoring by the City and is found to be
in compliance with all applicable construction and operation
regulations and standards.
4,086 Lot Requirements, Building Heights, and Setbacks The following minimum requirements shall
be observed in the R-4 Zoning District subject to additional requirements, exception, and
modification set forth in this Code:
4,086 (1) Lot Area
4,0860) t) (a) Base Lot
4,086( ))(a) (1) Twinhome Ten thousand (10,000) square feet.
4a086(1) a)(H) M ultiple Family Dwelling orlolmhomes , Fifteen thousand
(15,000) square feet
,. ,0866" i s a � (iii) Other Uses Fifteen thousand (15,000) square feet.
4,086(l) (b) Lot Area Per Unit
4,086(l)(h) (i) Twinhomes, Quadrainin
iun or lownhoines. Five
thousand (5,000) square feet
4,086(1)(h,a (ii) Other Lultjple Family Dwellings. Two thousand hvo
hundred (2,200) square feet.
4,086(, 1)(b) (W) Senior Housing One thousand (1,000) square feet.
4,M6 (2) Lot Width,
4,086(2) (a) Twinhomes. Seventy-five (75) tea
L086(2) (c) Mulliple FapjjIA Dwelling; Tollhoines, Eighty (80) feet.
4 M 6(2) (d) Multiple Family Dwelling, To w nhomes-Comer Lo One hundred
(100) feet,
4M6(2) (e) Other Uses. Ninety (90) feet.
4,086(2) (f) Other Uses- Corner Lo t. One hundred (100) feet,
4,086(3) Building Heights. Six (6) stories or seventy-Uvo (72) feet, whichever is
greater.
4 086 (4) Setback&
(a) See Section 4.033 (6)(b) of this Code.
(b) Ten (10) foot side yard setbacks are required, except a five (5) foot setback is permitted
for an attached garage.
(c) For each additional story over four (4) stories or for each additional ten (10) feet over
forty (40) feet, the rear and side yard setback requirements shall be increased by five
(5) feet.
Front'.
Front Arterial or
Rear
Side:
Side.
Side: Arterial
Local
Community
interior
Corner
or Community
Street
Collector Street (a)
Side Yard
Local
Collector Street
Street
(a)
Twinhomes
25 feet
30 feet
30 feet
1065 feet
20 feet
25 feet
I
(b)
Townhome/
25 feet
30 feet
30 feet
10 feet
20 feet
25 feet
Quadraminium
Multiple Family (c)
30 feet
30 feet
30 feet
20 feet
I
20 feet
25 feet
I I
Other Uses
30 feet
30 feet
30 feet
20 feet 1
20 feet
1 25 feet
(a) See Section 4.033 (6)(b) of this Code.
(b) Ten (10) foot side yard setbacks are required, except a five (5) foot setback is permitted
for an attached garage.
(c) For each additional story over four (4) stories or for each additional ten (10) feet over
forty (40) feet, the rear and side yard setback requirements shall be increased by five
(5) feet.
4.09 R -5 SENIOR AND PHYSICAL DISABILITY RESIDENTIAL, ILQ IN
4.091
4.092 Permitted Uses, R -5 The following are permitted uses in the R -5 District:
4M2 (1) Senior Housing Senior housing provided that:
4,092(1) (a) Age Lim. Within a senmrhousing facility, eighty (40) percent of the
dwelling units must be occupied by at least one (1) person of age
fifty -five (55) years or older,
4,091"'2(l) (b) Public Transit The site of the main entrance of the principal use is
served or is located within four hundred (400) feet of regular transit
service.
4,092(1,) (c) Elevators Elevator service is provided to each floor level.:
4 092(1) (d) Open Space Twenty (20) percent of the gross lot area shall be
maintained for passive or active recreational use.
, 09 (2) Physical Disability Housing as defined in Section 4,022 of this Code provided
that:
4,092(2 (a) The main entrance of the principal building shallbe served or located
within four hundred (400) feet of regular public transit service.
1,092(2) (b) One (1) unit per building may be designated for a caretaker. The
caretaker unit may be occupied by a person without a physical
disability,
4,0912(2) (c) Physical disability housing shall be architecturally compatible with
surrounding uses in the area as to exterior design and' construction
materials.
4.093 Accessory lases Permitted, R-5 The following are permitted accessory uses in an R -5 District:
,0931) (1) Auto Parking Private garages and parking spaces for licensed and operable
Code.
4,093 (2) Off - Street Loading
4,0 1 (4)
4.094
4,0 94 (2) Personal wireless service antennas per Section 4.039D of this Code.
4,094 (3) Municipal Government and ILtility Buildi= Municipal government
publicly regulated communications, and public utility buildings and structures
necessary; for the health, safety and general welfare of the community,
provided that;
4.094(3) (a) Compatibility and Setbacks Conformity with the surrounding
neighborhood is maintained and required setbacks and side yard
requirements are met;
4.09 (3) (b) Equipment Enclosed Equipment is completely enclosed in a
permanent structure with no outside storage:
4.095
4,095(l)
provided that:
4, 9,5(1) (a) Side Yards Double, Side yards are double the minimum
requirements established for this District where the facility abuts an
R -1, R -2 or R-3 Zoning District and are screened in compliance with
Section 4.034(3) of this Code.
4,095(f) (b) Rear Yard Requirements Only the rear yard shall be used for
recreational areas, Said area shall be fenced and controlled and
screened in compliance with 4.034 (3) of this Code,
4J)950) ) (c) Street Access The site shall be served by an arterial or collector
street of sufficient capacity to accommodate traffic which will be
generated.
1.095(I ) (d) Permits and State Laws All state laws and statutes governing such
use are strictly adhered to and all required operating permits are
secured,
1,433 (2) Adult Day Care A State licensed facility as defined in 4,022 of this Code
provided that;
4,094(l) Accessory building side yard setback reduction per Section 4.032(6)(c) of this
Code
,095(2 (a) Rear Yard Requirements Only the 'rear yard shall be used for
recreational areas. Said area shall be fenced and controlled and
screened in compliance with 4.034 (3) of this Code.
4 092(2 2 ) (b) Off Street Loading Loading and unloading of adult day care
participants shall take place in an area designated solely for that
purpose,
4v095(2) (c) Street Access The site and related parking and service is served by
an arterial or collector street of sufficient capacity to accommodate
4,095(2) (d) Permits and State Laws y All state laws and statutes governing such
use are strictly ;adhered to and all required operating permits are
secured;
EM
4,095(3) (a) Financial Institutions.
=3,095(3) (b) Personal Services.
43 095(3) (r) Limited Retail Sales::
4�095(3) (d) Newsstand:
4,095(3) (e) Pharmacy.
w095(3) (f) Clinics.:
4,0950 (g) Performance Standards. All conditional accessory uses listed herein
shall conform to the following provisions;
4,095(3 3 ti F„ (i) Location. All uses shall be located completely within the
principal structure of the residential facility.
3,09533 V ;3 (ii) Access, No separate : exterior entrance or exit shall be
allowed for any accessory use(s).
4,095(34(g (iii) Signag . No exterior signage of any tyke shall be allowed
for accessory use(s).
4.095(33)( (iv Size. All combined commercial accessory uses within a
single building shall not exceed three thousand (3,000)
square feet gross floor area.
i 095(3) gj (v) Hours. No accessory use shall be open for operation
between the hours of 9;00 P.M. and 8.00 A.M.
4,095(3)(g)(vi) Parking. Sufficient parking for the cornmercial use(s) shall
be provided in accordance with Section 4.035 of this Code,
4.096
modification set forth in this Code.
4A96 (1) Lot Area.
4a096( 1'§ (a) Base Lot.
4,096(,l)(a)(H) Senior or Physical Disabil Housing, Fifteen thousand
(15,000) square feet
4.096(l)(a)(H) Other Uses Fifteen thousand (15,000) square feet.
4,,096(1) (b) Lot Area Per Unit.
4.096(l )(h) (i) Seiiior/Phv5ica]Disab ilitvHousiniz. One thousand (1,000)
square feet,
4,096(2) Lot Width,
, 4.096( 2 ) ( a) Senior or Physical Disability Housing. One hundred (100) feet.
4,096(2) (b) Other Uses, One hundred (100) feet.
4,096(3) Building Heights, Six (6) stories or seventy-two (72) feet, whichever is
greater.
Setbacks.
Front: Local
Arterial or
Rear (c)
Side: Interior
Corner. Local
Arterial or
Street
Community
Side Yard (t)
Street
Community
Collector Street
Collector Street
(a)
(a)
1 30 feet
30 feet
30 feet
1 15120 (b)
20 feet
25 feet
(a)
(b)
(e)
See Section 4.033 (6)(b) of this Code.
4.10 R-C) RESIDE AL-OFFICE DISTRICT
4.101
4.102 Permitted Uses, R-0 The following are permitted uses in an R-0 District::
4, 102 (1) Two Family/Multiple Family Two family and multiple family dwelling
structures.
4,102 (2) Boarding houses Boardinghouses limited to not more than ten (10) resident
persons.
1. 102 (3 ) Public Parks and flay org_unds
4,102(4) Essential Services (See Definition).
4.103 Accessory Uses Permitted, R-0 The following are permitted accessory uses in an R -0 District-
4,103(l) Autry Parki Private garages and parking spaces for licensed and operable
4,10 (2)
4,103(3)
i 1 03 (5) Boarding Rooms Boarding or renting of rooms to not more than one (1)
person.
4,103(6) Accessory Antennas Accessory antennas in conformance with Section
4.432(6)(h) of this Code.
4.104
4 1 ii i (1)
, 104 (2) Accessory building side yard setback reduction per Section 4.032(6)(c) of this
Code: _
4 10 (3) Personal wireless service antennas per Section. 4w039D of this Code
4,104(4) Permitted home occupations per Section 4.037(3) of this Code,
Code..
Off- Street Loading
4,1 04(s)
provided that
4 104 (5) (a) Compatibility, and Setbacks Conformity with the surrounding
neighborhood is maintained and required setbacks and side yard
requirements are met,
4„ 104(5") (b) Equipment Enclosed Equipment is completely enclosed in a
permanent structure with no outside storage.
4.1.05
,, I,) ti;i (1)
4 i 0 1 i ( a) Side Yards Side yards shall be double that required for the district,
but no greater than thirty (30) feet.
4 i (
4,105(3) Day Care .A State licensed facility, serving thirteen (13) or more persons,
provided that,
4,105(3) (a) Street Access The site and related parking and service is served by
an arterial or collector street of sufficient capacity to accommodate
the traffic which will be generated.
(b) State Regulations The regulations and conditions of Minn. Rules
Part 9545.0510 through 9545.0670 are satisfactorily met. No facility
shall begin operation without a State license.
4,1050) (c) Building and Fire Code That all applicable provisions of the
Minnesota State Building Code and Fire Cade have been met. That
the City Building Official and Fire Department shall inspect the
property prior to the issuance' of the conditional use permit to
determine if this subsection of this Code has been complied with..:
4 € 05 (4) Long Term Care Facility Long Term Care Facility, but not including
hospitals, or similar institutions, provided that;
i 705(4. (a) Side Yards Double Side yards are double the minimum
requirements established for this District and are screened in
compliance with Section 4,034(3) of this Code,
high schools; and religious institutions such as churches, chapels, temples and
synagogues provided that
4,105( ) (b) Rear Yard Re uirements. Only the rear yard shall be used for
recreational areas, Said area shall be fenced and controlled and
screened in compliance with Section 4.034 (3)
4, 1050) (c) Street Access The site shall be served by an arterial or collector
street of sufficient capacity to accommodate traffic which will be
generated.
105(4) (d) Permits and State Laws All state laws and statutes governing such
use are strictly ,adhered to and all required operating permits are
secured
4 n 10 (s)
foot reductions.
Bonus Feature
Square Foot Reduction Per Unit
(a)
Construction Durable exterior
300 square feet
wall finishes sconsisting of glass,
brick, stone or stucco on seventy
(70) percent of the wall face.
(b)
I.lnderground Parking One (1)
300 square feet
space per unit of the required
free parking is underground or
within the principal structure
(not including attached or
detached garages).
(c)
Recreation, Indoor Indoor
100 square feet
recreation and social rooms
equal; to a minimum of twenty-
five (25) square feet per unit or
seven hundred fifty (750) square
feet total, whichever is greater.
(d)
Recreation Outdoor Outdoor
100 square feet
recreational facilities such as
swimming pools, porches, tennis
courts or similar facilities
requiring a substantial
investment equaling at
minimum five (5) percent of the
construction cost of the principal
Structure.
(e)
Public Transit Transit service
100 square feet
available within three hundred
(300) feet of entrance,
i (b) Senior Housing ;Senior housing provided that:
4,105( 6) (a) A eeLLimit Within a senior housing facility, eighty (80) percent of
the dwelling units must be occupied by at least one (1) person of the
age of fifty - five (55) years or older.
4, a 050 (b) Public Transit The site of the main entrance of the principal use is
served or is located within five hundred (500) feet of regular transit
service:
4,105(6) (c) Elevators Elevator service is provided to each floor level.
. i 05(6) (d) Opexx Soace Twenty (20) percent of the gross lot area shall be
maintained for passive or active. recreational use
4,105(7) Group Care Facility A' State licensed facility serving seven (7) or more
persons.
=a..105( ) (a) The facility is licensedby the State of Minnesota and the operator of
the facility provides documentation of compliance with all applicable
federal, State, Metropolitan and County regulations.
4, i 05f 7) (b) The facility is in compliance with and is maintained in accordance
with the Minnesota State Fare Code and Uniform Building Code.
4,1 (c) The facility is not located within one thousand three hundred twenty
(1,320) feet of any, similar type use or care facility.
4, i 05( ) (d) The entrance of the facility= is located within four hundred (400) feet
of a public transit route and stop, and pedestrian access is available;
or the operators provide a transportation/access plan which is found
acceptable by the City Council.
4, i 5(7 ) (e) The operation is subject to monitoring by the City and is found to be
in compliance with all applicable construction and operation
regulations and standards,
4,105(8) Medical; Professional and Commercial Offices Hospitals, medical offices
and clinics, dental offices and clinics, veterinarian clinics when completely
enclosed, professional offices and commercial offices and funeral homes and
mortuaries provided that:
4,105(8) (a) Street Access The site and related parking and service entrances
are served by an arterial or collector street of sufficient capacity to
accommodate the traffic which will be generated,
4. i 5 (8) (b) Traffic Flow Vehicular entrances to parking or service areas shall
create a. minimum of conflict with through traffic movement.
4, i o?�� (c) Buffers When abutting an R -1, R-2, R -3 or 11 -4 District, a buffer
area with screening and landscaping in compliance with Sections
4.034(3) shall be provided.
4 d 05 (9) Parking Off -site parking facilities for adjacent commercial or multiple
dwellings:
4 t 5(9) (a) Excess ofRe uirements for Principal Use Such parking is in excess
of that required on the lot upon which the principal use is located.
4, 105(9) (b) Street Access The site of the principal use and its related parking
is served by an arterial or collector street of sufficient capacity to
accommodate the traffic which will be generated
4,105(10) Retail Commercial Retail commercial' activities provided that,
4,105(l 0) (a) Sales at Retail Merchandise is sold at retail
4,105(( 0) (b) Princi Use. The retail activity is located within a structure whose
principal use is not commercial sales.
) 05 ( 10) (c) Area The retail activity shall not occupy more than fifteen (15)
percent of the gross floor area of the building
4 105 (t 0) (d) Not in Residential The retail activity is not located within a
structure whose principal use is residential.
4, i 05 (10) (e) Additional Signing Re uirement, No directly or indirectly
illuminated sign or sign in excess of ten (I Q) square feet identifying
the name of the business shall be visible from the outside of the
building, and no signs or posters of any type advertising products for
sale shall be visible from the outside of the building
4,105 (11) Combined Residential and Non - Residential Buildings combining residential
and non- residential uses allowed in this District provided that:
4,105(11) (a) Separate Floors i Residential and non- residential uses shall not be
contained on the same floor.
4,105( s ) ( b) Residential uses shall be provided separate entrances and separately
identified parking spaces.
4 i 05(1 i ) ( c) Conflict of Uses The residential and non - residential uses shall not
conflict in any manner.
4.106
4,106(l) Lot Area
4,106(i) (a) Base Lot
41 ) 06(i)(a) (i) Twinhome Ten thousand (10,000) square feet.
4,1 t)6(l)(a) (ii) Multiple FamilyDwellnrgorTownhomes Fifteen thousand
(15,000) square feet.
4,,106(1)(a)) (iii) Other Uses Fifteen thousands (15,000) square feet,;
4, 106 t) (b) Lot Area Per Unit
44 106(1)1 1") (i) Twinhomes, Quadraminiums, or Townhoines. Five
thousand (5,000) square feet.
4, 1060)(b) (H) Other Multiple Fami PLveRiM Two thousand two
hundred (2,200) square feet.
4,106J 1)(b) (iii) Senior Housing, One thousand (1,000) square feet,
4,106(2) Lot Width,
4,106('2) (a) Twinhomes, Seventy-five (75) feet.
4,106(2) (b) Twinhomes-Corner Lo , Ninety (90) feet.
4,106(2) (c) Multiple Family Dwelling; To�ynhornes Eighty (80) feet,
(d) Y
_11tiple Family Dwelling-, Townhoines-Corner Lo . One hundred
(100) fect.
4,106(2) (e) Other Uses. Ninety (90) feet.
4,106(2) (f) Other Uses - Corner Lot. One hundred (100) feet.
Building Heights. Six (6) stories or seventy-two (72) feet, whichever is
greater.
4,106(4) Setbacks.
(a) See Section 4.033 (6)(b) of this Code.
(b) Ten (10) foot side yard setbacks are required, except a five (5) foot setback is permitted
(c)
(5) feet,
Front
Front: Arterial or
Rear
Side
Side:
Side: Arterial
Local
Community
Interior
Comer
or Community
Street
Collector Street (a)
Side Yard
Local
Collector Street
Street
(a)
Twinhomes
25 feet
30 feet
30 feet
1015 feet
20 feet
25 feet
I (b)
Townhome/
25 feet
30 feet
30 feet
10 feet
20 feet
25 feet
Quadraminium
Multiple Family (c)
30 feet
30 feet
30 feet
20 feet
20 feet
25 feet
Other Uses
30 feet
30 feet
30 feet
20 feet
20 feet
25 feet
(a) See Section 4.033 (6)(b) of this Code.
(b) Ten (10) foot side yard setbacks are required, except a five (5) foot setback is permitted
(c)
(5) feet,
4,11 R -B RESIDENTIAL - BUSINESS DISTRICT
4.111 PUMose The purpose of the R -B, Residential- Business District is to provide for high density
4.112 Permitted Uses, R-B The following are permitted uses in the R -B District:
4, 1 Q (1)
4,11 A2 (2 ) Boarding Houses Boarding houses limited to not more than ten (10) resident
persons.
4 1 (3) Public Parrs and Playgrounds
4,112 (4) office Business not exceeding four thousand (4,000) gross square feet of floor
area.
1, () Retail Business not exceeding four thousand (4,000) gross square feet of floor
area;
1J 1 (6) Service Business fOn -Site) not exceeding four thousand (4,00a) gross square
feet of flour area:
1.1 1 (7) Personal Services Not exceeding four thousand (4,000) gross square feet and
State licensing requirements.
4,112 (8) Essential Services (See Definition)'
4.113 Permitted Accessory Uses, R -B . The following are permitted accessory uses in an R -B Districts
4,113(l) Accessory Building .Accessory building for commercial uses shall not
exceed thirty (30), percent of the gross floor space of the principal building,
4,113(2)
4 113 (
..1.313 (4)
r a 1,3 (5)
of this Code.
Off- Street Loading as regulated by Section 4.036 of this Code.
Storage Sheds Tool house, shed and/or similar building for storage of
domestic supplies and non-commercial recreational equipment;
4,1 13 (6) Accessory Antennas .Accessory antennas in conformance with Section
4.032(6)(h) of this Code.
4,113(7) Adult Use -Accessory Subject to the regulations of Section 4:0390 of this
Code.
4.114
:1.1 14 (1) Accessory building side yard setback reduction per Section 4.032(6)(c) of this
Code,
4,11 X1(2)
4,114(3)
4,114(3 (a) CoMpat bllity and Setbacks Conformity with the surrounding
neighborhood is maintained and required setbacks and side' yard
requirements are met.
4,114(3 1 ) ( b) Equipment Enclosed Equipment is completely enclosed in a
permanent structure with no outside storage.
.1 14 (4) Outdoor sales of seasonal products subject to the permit requirements of
Chapter 8: of this Code.
1,114 (S)
4.114(5) (a) Stacking Not less than one hundred twenty (120) feet of segregated
automobile stacking lane must be provided for a single service lane.
Where multiple service lanes are provided, the minimum automobile
stacking may be reduced to sixty (60) feet per lane.
4,114(5) (b) Traffic Control The stacking lanes and their drive's access must be
designed to control traffic in a manner to protect the buildings and
green area on the site,
4,.114(,5') (c) Use of Street No part of the public street or boulevard may be used
for stacking of automobiles.
4,,1 1 1(5) (d) Noise The stacking lane, order board intercom and window
placement shall be designed and located in such a manner as to
minimize noises and glare as to adjacent premises, particularly
residential premises, and to maximize maneuverability of vehicles on
the site.
4 1 14(5) (e) Drive- through service windows and stacking lanes must be screened
from adjoining residential uses.
„ 1.1.14(5) (f) Hours of Operation. The hours of operation may be limited as
necessary to minimize the nuisance factor such as traffic, noise, or
glare.
4, 114( ) () A lighting and photometric plait will be required that illustrates that
the drive- through service lane lighting shall comply with Section
4,034(5) of this Code.
4 114 (6)
h 11 4(6) O The applicant be required to submit a site plan and other pertinent
information demonstrating the location and type of all tables, refuse
receptacles, and wait stations,
4,114(6) (b) Access to the dining area be prodded only via the principal building
if the dining area is a full service restaurant, including table waiting
service.
4,114(6) (c) The size !ofthe dining area is restricted to thirty (30) percent of the
total customer floor area within the principal structure,
4,114(11) (d) The dining area is screened from view from adjacent residential uses
in accordance with Section 4.034(3) of this Code,
1,114(11)(e) All lighting be hooded and directed away from adjacent residential:
uses in accordance with Section 4.034(5) of this Code.
4.11405) (f) The applicant 'demonstrates that pedestrian circulation is not
disrupted as a result of the outdoor dining area by providing the
following:
4,11 µ1l`0 ) (i) Outdoor dining area shall be segregated from through
pedestrian circulation by means of temporary fencing,
bollards, ropes, plantings, or other methods, and shall be
subject to review and approval by the City Council.
1.11 (6 (1) (H) Minimum clear passage zone for pedestrians at the
perimeter of the restaurant shall be at least five (5) feet
without interference from parked motor vehicles, bollards,
trees, tree gates, curbs, stairways, trash receptacles, street
lights, parking meters, or the like.
4,114 (6)(t) (iii) Overstory canopy of trees, umbrellas or other structures
extending into the pedestrian clear passage zone or
pedestrian aisle shall have a minimum clearance of seven
(7) fectabove sidewalk.
4,1 4(6) () The dining area is surfaced with concrete, bituminous or decorative
pavers or may consist of a deck with wood or other flooring material
that provides a clean, attractive, and functional surface.
wi .1 (6) (h) A minimum width of thnfy -six (36) inches shall be provided within
aisles of the outdoor dining area.
.i 3 i ( 1 6) (1)
the storage prohibition of this section. However, any immovable or
permanently fixed or attached furniture must be approved as part of
the administrative permit application.
4,1146) (j) Additional off-street parking shall be required pursuant to the
requirements set forth in Section 4.036 of this Code based on the
additional seating area provided by the outdoor dining area.
1.1 4(6 ) (k) Refuse containers are provided for self-service outdoor 'dining areas.
Such containers shall be placed in a manner which does not disrupt
pedestrian circulation, and must be designed to prevent spillage and
blowing litter,
4, 1 1 4f, 6) (1) Rooftop, dining facilities shall be permitted provided they meet all
applicable conditions as listed herein and in addition;
4 114(6')( 1) (i) Provide permanent walls of fencing around the periphery of
the diming area at a minimum height of forty -two (42)
inches to ensure the safety of persons/property.
4.11 iii 6) (1) (ii) Any permanent structures, including divider walls, trellis
work, etc, be included as part of the building upon which
they are located and are subject to the building height
limitations as specified in Section 4.116(3) of this Cade.
4,114(6)(1) (iii)
4.115 Conditional uses R -B. The following are conditional uses in an R -B District: (Requires a
4,115(l) Office, Business, Retail Business, and Service Businesses in excess of four
thousand (4,040) gross square feet of flour area provided that:
4 r 1 5(l) (a) Street Access The site and related parking and service entrances are
served by an arterial or collector street of sufficient capacity to
accommodate the traffic which will be generated.
1,115(1) (b) Traffic Flow Vehicular entrances to parking or service areas shall
create a minimum of conflict with through traffic movement.
1,115(1) (c) Buffers When abutting an R -1, R -2, -3, or R 4 District, a buffer
area with screening and landscaping in compliance with Section
4.0134(3) shall be provided,
$1.11 1l (d) Retail Businesses shall occupy the first floor of multiple story
buildings. Mixed use occupancy may occur on any floor above the
first floor.
4,115(2) Restaurant General or Convenience provided that::
4,1 15(2) (a) Street Access The establishment must have access to a collector or
arterial street.
4 11 (3) Combined Residential and Non- Residential Buildings combining residential
and non - residential uses allowed in this District provided that:
4,115(3) (a) Separate Floors Residential and non - residential uses shall not be
contained on the same floor.
X1.115 3 1() Residential uses shall be provided separate entrances, and separately
identified parking stalls
4,115j,3) (c) Conflict of Uses The residential and non - residential uses shall not
conflict in any manner.
-1 . 11 5( 4 )
4,115(5) Day Care A State licensed facility, serving thirteen (13) or more persons,
provided that.
1,115(5) (a) Front Setback The front yard depth is a;minimum of thirty (30) feet:
4,115(5) (b) Street Access The site and related parking and service is served by
an arterial or collector street of sufficient capacity to accommodate
the traffic which will be generated.
4.115( (c) State Regulations The regulations and conditions of Minn. Rules
Part 9545.07510) through 9545.0670 are satisfactorily met. No facility
shall begin operation without a State license.
®t 115(5) (d) Buildinj4 and Fire Code That all applicable provisions of the
Minnesota State Building Code and Fire Code have been met. That
the City Building Official and Fire Department shall inspect the
property prior to the issuance of the conditional use permit to
determine if this sub - section of this Code has been complied with.
.1,1 1 1(fi) Group Care Facility A State licensed i facility serving seven (7) or more
persons.
4-115(6) (a) The facility is licensed by the State of Minnesota and the operator of
the facilityprovides documentation ofcomphancewith all applicable
:Federal, State, and County regulations.
4,115(6) (b) The facility is not located within one thousand three hundred twenty
(1,320) feet of any similar type use or care facility,
41 115(6) (c) The entrance of the facility is located within four hundred (400) feet
of a public transit route and step, and pedestrian access is available,
or the operators provide a transportation/access plan which is found
acceptable by the City Council.
1.11 (6) (d) The operation is subject to annual review and continual monitoring
by the City and is found to be in compliance with all applicable
construction and operation regulations and standards.
4,115 (7) Long Term Care Facility Long Term, Care Facility, but not including
hospitals, sanitariums or similar institutions, prodded that:
4,115(7) (a) Street Access The site: shall be served by an arterial or collector
street of sufficient capacity to accommodate traffic which will be
generated.
1.115(7) (b) Permits and State Laws All state laws and statutes governing such
use are strictly adhered to and all required operating permits are
secured.
Senior Housing Senior housing provided that;
4,115(8) (a) Age Lim Within a senior housing facility, eighty (80) percent of the
dwelling units must be occupied by at least one (1) person of the age
of fifty -five (55) years or older.
1.11;11 s (b) Public Transit The site of the train entrance of the principal use is
served or is located within four hundred (400) feet of regular transit
service,
4,115(8) (e) Elevators Elevator service is provided to each floor level,
1 „315(81) (d) Oven Space Twenty, 20) percent of the grass lot area shall be
maintained for passive or active recreational use.
4,115(9)
Bonus Feature
Square Foot Reduction Per Unit
(a)
Construction. Durable exterior
300 square feet
wall finishes consisting of glass,
brick, stone or stucco on seventy
(70) percent of the wall face.
(b)
UndgUound Parking. One (1)
300 square feet
stall per unit of the required free
parking shall be underground or
within the principal structure
(not including attached or
detached garages).
(c)
, Indoor, Indoor
Recreation
100 square feet
recreation and social rooms
equal to a minimum of twenty-
five (25) square feet per unit or
seven hundred fifty (750) square
feet total, whichever is greater.
(d)
Recreation, Outdoor Outdoor
100 square feet
recreational facilities such as
swimming pools, porches, tennis
courts or similar facilities
requiring a substantial
investment equaling at
minimum five (5) percent of the
construction cost of the principal
structure:
(e)
Public Trans Transit service
100 square feet
available within three hundred
(300) feet of entrance.
4.116
modification set forth in this Co&
4, 1 (1) Lot Area.
1n 1A 16(1) (a) Base Lot
4,1160)(a) (i) Twinhorne. Ten thousand (10,000) square feet.
4, 116( 1 (ii) Multiple Family or Townhomes. Fifteen thousand (1 5,000)
square feet.
4,116(1)k'i)(iii) Other Uses. Fifteen thousand (15,000) square feet.
1..11 t1( 1) (b) Lot Area Per Unit.
16(1)(b) (i) Twinhomes. Quadraminiums/Townhom . Five thousand
(5,000) square, feet.
4,116(i)(,b) (H) Other Multiple Family Dwelling Two thousand two
4.116(J 1 b)(W) Senior and Physical Disability Housing One thousand
(1,000) square feet.
4,. 116 (2) Lot Width.
4,116(2) (a) Twinhoines. Seventy-five (75) feet.
4,116(2 ( b) Twinhoines-Corner Lo t: Ninety (90) feet,
, .1.11 (2, ) (c) Multiple Family Dwelling, Townhornes. Eighty (80) feet.
1,116 2) (d) Multiple Family Dwelling, Townhomes-Comer Lot. One hundred
(100) feeta
4,116(2) (e) Other Uses. Ninety (90) feet.
4, 116(2) (1) Other Uses - Corner Lot One hundred (100) feet,
1.11 6 (3) Building Heights. Six (6) stories or seventy-two (72) feet, whichever is
greater.
, t 116 (4) Setbacks.
(a)
(b)
(c)
4.124.14 RESERVED
Front:
Front: Arterial or
Rear
Side:
Side:
Side. Arterial or
Local
Community
Interior
Comer
community
Street
Collector Street (a)
Side Yard
Local
Collector Street
Street
(a)
Twinhomes
25 feet
30 feet
30 feet
1015 feet
20 feet
25 feet
I (b)
Townhomel
25 feet
30 feet
30 feet
10 feet
20 feet
25 feet
Quadranunium
Multiple Family (c)
30 feet
30 feet
30 feet
20 feet
20 feet
25 feet
Other Uses
30 feet
30 feet
30 feet
1 20 feet
20 feet
25 feet
(a)
(b)
(c)
4.124.14 RESERVED
4.15
4.151 Puu es The purpose of the LB, Limited Business District is to provide for low intensity office,
4.152 Permitted Uses LB. The following are permitted uses in an LB District*
4,152(l) Office Business
1,52 (2) Restaurant
4.152(3) Retail Business
4. 152 (4) Service Business
, U52 (5) Municioal Government and Utility Buildings
4,152(6) Personal Services Subject to any licensing requirements of Chapter 8 of this
Code or County or State licensing requirements.
4.153 Permitted Accessory? Uses, LB , The following are permitted accessory uses in an LB District
4.153(l) Accessory Building Accessorybuildingforcorumercial uses shall not exceed
thirty (30) percent of the gross floor space of the principal building.
4,153(2) Parking Off-street parking as regulated by Section 4.035.
4,153(3) Off Street Loading Off-street leading as regulated by Section 4.036.
4,153(4) Adult Uses - Accessory Subject to the regulations of Section 4:0390 of this
Code,
%l. 153 (5) Accessory Antennas Accessory antennas in conformance with Section
4.032(6)(h) of this Code.
4.154
154 (3)
4,154(3)(a) Stacking Not less than one hundred twenty (120) feet of segregated
automobile stacking must be provided for the single service lane.
4,154(l) Personal wireless antennas per Section 4.039D(2) of this Code,
4, x 5 (2) Outdoor sales of seasonal produce subject to the permit requirements of
Chapter 8!ofthis Code.
Where multiple service lanes are provided, the minimum automobile
stacking may be reduced to sixty (60) feet per lane.
154 3 i (b) Traffic Control The stacking lane and its access must be designed
to control traffic in a manner to protect the buildings and krill not
interfere with on -site traffic circulation or access to the required
parking space
4 J54(3) (c) Use of Street No part of the public street or boulevard may be used
for stacking of automobiles.
4,154(3) (d) NoiE The stacking lane, order board intercom and window
placement shall be designed and located in such a manner as to
minimize glare to adjacent premises, particularly residential
premises, and to maximize maneuverability of vehicles on the site
4,154(3) (e) The drive through window and its stacking lanes shall be screened
from view of adjoining residential zoning districts and public street
rights-of-way.
4, i 4(3 ) (f) Hours Hours of operation shall be limited as necessary to minimize
the effect of nuisance factors such as traffic, noise, and glare.
4. 154(,3) (g) A lighting and photometric plan will be required that illustrates the
drive through service lane lighting and shall comply with Section
4. 034(5)' of this Code,
4,154(4)
4J 54 (4) (a) The applicant small be required to submit a site plan and other
pertinent information demonstrating the location and type of all
tables, refuse receptacles, and wait stations.
i w 154( (b) Access to the dining area be provided only via the principal building
if the dining area is a full service restaurant, including table waiting
service.
4,154(4) (e) The size of the dining area is restricted to thirty (30) percent of the
total customer floor area within the principal structure.
4,154 4 (d) The dining area is screened from view from adjacent residential uses
in accordance with Section 4.034(3) of this Code.
4, 15-4(4) (e) All lighting be hooded and directed away from adjacent residential
uses in accordance with Section 4.034(5) of this Code.
4 i 4(4 (f) The applicant demonstrates that pedestrian circulation is not
disrupted as a result of the outdoor dining area by providing the
following.
4,1 54(4)(1) (i) Outdoor dining area shall be segregated from through
pedestrian circulation by means of temporary fencing,
bollards, ropes, plantings, or other methods, !and shall be
subject to review and approval by the City Council.
4,1 (ii) Minimum clear passage zone for pedestrians at the
perimeter of the restaurant shall be at least five (5) feet
without interference from parked motor vehicles, bollards;
trees, tree gates, curbs, stairways, trash receptacles, street
lights, parking meters,; or the like.
4 1 5 (11 f" (iii) Overstory canopy of trees, umbrellas or other structures
extending into the pedestrian clear passage zone or
pedestrian aisle shall have a minimum clearance of seven
(7) feet above sidewalk.
4 15 4(4) () The dining area is surfaced with concrete, bituminous or decorative
pavers 'or may consist of deck with wood or other flooring material
that provides a clean, attractive, and functional surface.
4,154(4) (h) A minimum width of thirty -six (36) inches shall be provided within
aisles of the outdoor dining area.
4,1 5 (i) Storage of furniture shall not be permitted on the sidewalk between
November 1 and March 31. Sidewalk furniture that is immovable or
permanently fixed or attached to the sidewalk shall not be subject to
the storage prohibition of this section. However, any immovable or
permanently fixed or attached furniture must be approved as part of
the administrative permit application:
4. 1 5 (4) (j) Additional off - street parking shall be required pursuant to the
requirements set forth in Section 4.035 of this Code based on the
additional seating area provided by the ;outdoor dining area.
4,154(4) (k) Refuse containers are provided for self - service outdoor dining areas.
Such containers shall be placed in a manner which does not disrupt
pedestrian circulations, and must be designed to prevent spillage and
blowing litter.
4.1 ,1(4) (1) Rooftop dining facilities shall be permitted provided they meet all
applicable conditions as listed herein and in addition:
w1,1 ai(4)(1) (i) Provide permanent Malls of fencing around the periphery of
the dining area at a minimum height of forty -two, (42)
inches to ensure the safety of persons /property.
4,154(4)(J) (ii) Any permanent structures, including ;divider walls, trellis
work., etc. be included" as part of the building' upon which
they are located and are subject to the building height
limitations as specified in Section 4.032(5) of this Code.
42 154( (1) (iii) The submitted plans for a rooftop dining facility as well as
the building upon which the proposed outdoor dining is to
occur is subject to review by the City Building Inspector.
The inspector will determine whether the building is
structurally capable of handling the additional weight of
persons and equipment,
4.155
,, l 5 (1) RU_D Commercial. Commercial planned unit development as regulated by
Section 4.34,
4-155(2) Open and Outdoor. Storage As an accessory use provided that::
4.155(2) (a) Outside storage connected with the principal use is limited to thirty
(30) percent of the gross floor area of the principal use.
4,155(2) (b) The storage area is landscaped, fenced, and screened from view of
neighboring uses and abutting residential districts.
4.155( (c) Storage is landscaped and screened from view from the public right-
of-way.
=i . l 55(2) (d) Storage area is blacktopped or concrete surfaced.
-"L l 5(2 ) (e) All lighting shalt be hooded and so directed that the light source shall
not be visible from the public right -of -way or from neighboring
residences,
4 i X512) (f) The storage area does not take up parking space or loading space as
required for conformity to this Code.
4,155(3) Open or Outdoor Service, Sale and Dist2iav As an accessory use prodded
that;
4,155(3)(a) Outside services, sales and displays connected with the principal use
is limited to thirty (30) percent of the gross floor area of principal
use:
4,155(3) (b) Outside sales areas are landscaped and fenced or screened from view
of neighboring residential uses or an abutting residential district.
4,155(3)(c) All lighting shall be hooded and so directed that the light source shall
not be visible from the public right-of-way or from neighboring
residences.
4,155(3 ) (d) Areas are asphalt or concrete surfaced.
1,1 0) (e) The use does not take up parking space or loading areas as required
for conformity to this Code.
4,155(4) pay C . A State licensed facility, serving thirteen (13) or more persons,
provided that:
4,155(-4) (a) State Regulations, The regulations and conditions cif Minn. Rules
Part 9545.05 10 through 9545.0670 are satisfactorily met, No facility
shall begin operation without a State license.
4 1,55(4) (b) Building and Fire, Code, That all applicable provisions of the
Minnesota State Building Code and Fire Code have been met. That
the City Building Official and Fire Department shall inspect the
property prior to the issuance of the conditional use permit to
determine if this sub-section of this Code has been complied with.
4.156 Lot Reguirements, Building Heights, and Setbacks. The following mitifinum, requirements shall
be observed in the LB Zoning District subject to additional requirements, exception, and
modification set forth in this Code.
4 156 (1) Lot Area. Ten thousand (10,000) square feet
4,156(2) L o t t idth, Eighty (80) feet.
4,,156(3) Building Her bs, Three (3) stories or thirty-six (36) feet, whichever is greater.
°1.156 (4) Setbacks.
Front: Local
Front: Arterial or
Rear
Side: Interior
Side Comer.
Side. Arterial or
Street
Community
Side Yard (b)
Local Street
Community
Collector Street
Collector Street
(a)
(a)
20 feet
20 feet
30 feet
1 10/20 feet
20 feet
20 feet
(a) See Section 4.033 (6)(b) of this Code,
(b) Teu(10) foot side yard setbacks are required except twenty (20) foot sideyard setback
will be required where the lot abuts an R- I or R-2 Zoning District.
4,16 CB COMMUNITY BUSINESS DISTRICT
4.161 Pub The purpose of the C
the entire community or sub - region.
4.162 Pernfitted Uses, C.B The follmNdng are permitted uses in a CB District:;
4,162(l)
Essential Services
4,162(2)
Municibal Government and Utility Buildings
4.162(3)
Hos - pitahly Business.
4.162(4)
Office Business (Commercial, Professional and Medicab
4,162(5)
Personal Services Subject to the licensing requirements of Chapter 8 of this
Code.
4,162(6)
Recreational Business not exceeding ten thousand (10,000) square feet in area.:
lx 16 (7)
Restaurant tcafes delicatessens, convenience food)
1,16 (8)
Retail Business
4.162 (9)
Service Business
4,162, (10)
Theaters
X1,162 (11)
Training and Specj4k Schools
4.163 Permitted Accessory Uses, CB . The following are permitted accessory uses in a CB District.
4,,1 6 i (1)
Accessory_ Building Accessory building for commercial uses shall not exceed
4,163(2) Parking Off- street parking as regulated by Section 4.035.
4,163(3) Off-Street Loading Off - street loading as regulated by Section 4.036.
4,163(4) Adult Uses - Accessory Subject to the regulations of Section 4.039C of this
Code.
4.10 (S)
4.164
X1.16 -4 (1) Personal wireless antennas per Section 4.039D of this Cade.
1,16 (2)
4,164 (3)
Outdoor sales of seasonal produce subject to the permit requirements of
Chapter 8 of this Code.
, 164 (3 ) ( a) Stacking Not less than one hundred twenty (120) feet of segregated
automobile stacking must be prodded for the single service lane.
Where multiple service lanes are provided, the minimum automobile
stacking may be reduced to sixty (60) feet per lane.
4, 1, 6#31) (b) Traffic Control The stacking lane and its access roust be designed
to control traffic in a manner to protect the buildings and will not
interfere with on -site traffic circulation or access to required parking
spaces:
4, 16 (3) (c) Use of Street. No part of the public street or boulevard may be used
for stacking of automobiles.
4, 164(3 ) (d) Noise ! The stacking lane, order board intercom and window
placement shall be designed and located in such a manner as to
minimize glare as to adjacent premises, particularly residential
premises, and to maximize maneuverability of vehicles on the site.
4,164(3) (e) The drive through lanes shall be screened from view of adjoining
residential zoning districts and public street rights -of -way.
4, i 64 (,i) (f) Hours Hours of operation shall be limited as necessary to minimize
the effect of nuisance factors such as traffic, noise, and glare.
4. 6°i 0) (g) A lighting and photometric plan will be required that illustrates that
drive through service lane lighting shall comply with Section
4.034(5) of this Code.
4J 64 (4)
, .i. i 640) (a) The applicant shall be required to submit a site plan and other
pertinent information demonstrating the location and type of all
tables, refuse receptacles, and wait stations.
4,164(4) (b ) Access to the dining area be provided only via the principal building
if the dining area is a full service restaurant, including table waiting
service.
, i i rui ) ( c) The size of the dining area is restricted to thirty (30) percent of the
total customer floor area within the principal structure,
4,164(4) (d) The dining area is screened from view from adjacent residential uses
in accordance with Section 4.034(3) of this Code.
4, 164(4) (e) All lighting be hooded and directed away from adjacent residential
uses in accordance with Section 4.0340) of this Codex
4 i 64(t) (f) The applicant demonstrates that pedestrian circulation is not
disrupted as a result of the outdoor dining area by providing the
followings
4.'164(4)(1) (i) Outdoor dining area shall be segregated from through
pedestrian circulation by means of temporary fencing,
bollards, ropes, plantings, or ether methods, and shall be
subject to review and approval by the City Council.
41 i 64(4 )( f) (ii)' Minimum clear passage zone for pedestrians at the
perimeter of the restaurant shall be at least five () feet
without interference from parked motor vehicles, bollards;
trees, tree gates, curbs; stairways, trash receptacles, street
lights, parking meters, or the like.
4, t ) (iii) Overstory canopy of trees, umbrellas or other structures
extending into the pedestrian clear passage zone or
pedestrian aisle shall have a minimum clearance of seven
(7) feet above sidewalk
4,164( (g) The dining area is surfaced with concrete, bituminous or decorative
pavers or may consist of a deck with wood or other floofing material
that provides a clean., attractive, and functional; surface,
4 164(4
4, 164(4) (j) Additional off-street parking ;shall be required pursuant to the
requirements set forth in Section 4.036 of this Code based on the
additional seating area provided by the outdoor dining area.
4,164(4) (k) Refuse containers are provided for self-service outdoor dining areas.:
Such containers shall be placed in a manner which does not disrupt
pedestrian circulation, and must be designed to prevent spillage and
blowing litter.
`i.1 0,,4(4) (I) Rooftop dining facilities shall be permitted provided they meet all
applicable conditions as listed herein and in addition;
4,164(4)(1) (i) Provide permanent walls of fencing around the periphery of
the dining area at a minimum height of forty -two (42)
inches to ensure the safety ofpersons /property,
A minimum width of thirty -six (36) itches shall be provided within
aisles of the outdoor dining area..
4 3 04(4) (1) (ii) Any permanent structures, including divider walls, trellis
work, etc, be included as part of the building upon which
they are located and' are subject to the building height
limitations as specified in Section 4.166(3) of this Cade,
4,164(4)(1) (iii) The submitted plans for a rooftop dining facility as well as
the building upon which the proposed outdoor dining is to
occur is subject to review by the City Building Inspector.
The inspector will determine whether the building is
structurally capable of handling the additional weight of
persons and equipment.
4,164(5)
4,164(5) (a) Tank Lo ation Storage tanks shall notbe located within the required
front yard. Tanks shall be located not less than twenty -five (5) feet
from any other property line.
4, i i(5) (b) Qpen Area Storage tanks shall be surrounded by twenty -five (25)
feet of open area, Storage of any kind is prohibited in said open areas
except equipment incidental to the storage tank. Approved parking
areas must be setback ten (1U) feet from any storage tank.
4,164(i) (c) Setback from Buildinu Storage tanks shall be setback from existing
structures, as outlined in the Uniform Fire Code, based on tank size.
4, i 6 (5 ) (d) Circulation Storage tanks shall not interfere with the site circulation
including, but not limited to, parking, driveways, curb cuts and
loading areas.
4,164 ) (e) Screening Storage tanks shall be screened from view from public
rights -of -way and adjacent properties. Screening must be constructed
in such a way as to permit access by emergency vehicles and avoid
interference with firefighting on the site.
4,164(5) (f) Valves All filling valves of the storage tanks shall be enclosed and
have locking devices and be locked when not in use.
4 164(5 ) (g) Tank Access Storage sites shall be accessible by service, customer,
and emergency vehicles: Access shall accommodate vehicles with a
thirty (30) foot wheel base
i i5 (5) (h) Warning Signat e . A warning sign shall be required for every tank:
and shall be placed in a conspicuous location directly on the tank
indicating a supplier's name, address, phone number, that highly
dangerous and flammable material is stored therein and that no
smoking requirements must be observed or a sufficient warning to
that affect. Said signage may not exceed four (4) square feet nor may
it be used for advertising purposes.
3,164(5) (i) Tank Size Storage tanks shall not exceed one thousand (1,000)
4.165
4.165(2) Recreational Business Facilities Recreational business facilities exceeding
ten thousand (10,000) square feet in area, provided. that;
4,165(2) (a) Access The site of the proposed use has direct access to a minor:
arterial street as defined in Section 13,022(22) of this Cade, without
utilizing public streets of a lower traffic handling classification to
reach the minor arterial street.
4,165(2) (b) Compatibility. The primary recreational facilities are enclosed such
that the architectural appearance and functional plan of the building
and site shall not be so dissimilar to the existing buildings or areas as
to cause impairment to property values or constitute a blighting
influence.
,1 €" 5(2) (c) Access Vehicular access points shall be limited and designed and
constructed to create a minimum of conflict with through traffic
movement.
tai (3) Outdoor Sales and Services, Accessory Open or outdoor service, sale and
rental is an accessory use under a conditional use permit provided that:
4,165(3) (a) Area Limit Outside services, sales and equipment rental connected
with the principal use is limited to thirty (30) percent of the gross
floor area of the principal use.
4,165(3) (b) Screened from Residential Outside sales areas are fenced or
screened from view of neighboring residential uses or an abutting
"R" District in compliance with Section 4.034(3) of this Code,
4,165(3) (c) Lighting Shielded All lighting shall be hooded and so directed that
the light source shall not be visible from the public right -of -way or
from neighboring residences and shall be in compliance with Section
4,034(5) of this Code,
4 65(31) (d) Surfacing Sales area is grassed or surfaced to control dust, mud and
to provide a clean., attractive and usable surface.
.1, 165(3) (e) Parking. Does not take up parking space required for conformity to
this Code.
4.165(4) Auto Repair (Major and Minor), Motor Fuel Facilities
4.165(l) Planned Unit Development w' Commercial Commercial planned unit
development as regulated by Section 4.34.
4,165 (4 ) ( a) Safety, Regardless of whether the dispensing, sale or offering for
sale of motor fuels and/or oil is incidental to the conduct of the use
or business, the standards and requirements imposed by this Code for
motor fuel stations shalt apply. These standards and requirements
are, However, in addition to other requirements which are imposed
for other uses of the property,
i 5(4) (b) Motor Fael Facilities Motor fuel facilities are installed in
accordance with state and city standards, Additionally, adequate
space shall be provided to access gas pumps and allow
maneuverability around the pumps. Underground fuel storage tanks
are to be positioned to allow adequate access by motor fuel transports
and unloading; operations do not conflict with circulation, access and
other activities on the site. Fuel pumps shall be installed on pump
islands,
4,165(4 ) (e) Area Minor auto repair sites shall have a minimum lot area of
twenty -two thousandfive hundred (22,500) square feet. Major auto
repair sites shall have a minimum lot area of thirty thousand (30,000)
square feet and minimum lot width of one hundred thirty (130) feet.
4, i 5( ) (d) Com bil , i Motor' fuel facilities shall be accompanied by a
commercial building having a minimum floor area of one thousand
six hundred (1,600) square feet The architectural appearance and
functional plan of the building and site :shall not be so dissimilar to
the existing buildings or areas to cause impairment in property values
or constitute a blighting influence within a reasonable distance ofthe
lot
i i 5( (e) Surfacina/Drainne The entire site other than that taken up by a
building, structure or plantings shall be surfaced with either concrete
or bituminous to control dust and drainage. Site surfacing and
drainage are subject to the approval of the City.
4 165 1 (f) Curbing A curb not less than six (6) inches above grade shall
separate the public sidewalk from motor vehicle service areas.
4,165(4) (g ) Green Strity At the boundaries of residential district, a strip of not
less than five (5) feet shall be landscaped and screened in compliance
with Section 4.034(3) of this Code,
, i (4) (h) Cano py, Canopies located over pump islands shall be allowed as
accessory structures subject to the following specifications:
4 65(4) h) (i) Canopy setbacks shall be a minimum of ten (10) feet from
the property line. Adequate visibility both on and off site
must also be maintained
4. 65 0)(h) (ii) Canopies shall not be allowed' in rear yards not abutting a
public street.
4, i 5( i(Ih (iii) Maximum canopy height may not exceed twenty (20) feet;
and shall provide a minimum clearance of fourteen (14)
feet.
4,16 (4)( a) (iv) Canopy facades may not exceed three (3) feet in height.
4 165 �� a�,�'�, (v)
foot candles, as measured on the property line when
abutting residentially zoned ;property and one (1) foot
commercial or industrially zoned property.
si i 65( ,di ) (vi) Signage may, be allowed on the canopy as permitted an
. i 65 (4) (i) Stacking„ Magazin ng or stacking space is constructed with
screening subject to the approval of the City.
i. 1 /55 (4) (j) Pedestrian Traffic An internal site pedestrian circulation system
shalt be defined and appropriate provisions made to 'protect such
areas from encroachments by parked cars or moving vehicles.
4, 165(4) (k) Noise Noise control 'shall be as required in the Noise Control
Section of this Code,
4,165(4) (t) Outside Storage No outdoor storage except as allowed in
compliance with Section. 4.165(9) of this Code
4A65 (5) Convenience, Store with Gasoline Grocery and/or food operations, with
convenience gas (no vehicle service or repair), provided than
4.165(5) (a) Permitted Uses The retail sales involve uses or activities which are
allowed in LB and CB Distracts'.
i i 65(x) (b) anitatinrt That any sale of food "stems is subject to the approval of
the County who shall provide specific written sanitary requirements
for each proposed sale location based upon applicable State and
County Regulations.
4 16 ( 5) (c) Licenses That the non - automotive sales shall qualify for and be
granted an annual food handling, retail sales license or other license,
as circumstances shall require,' in addition to the conditional use
p ermit,
. 165t, 5 ) (d) Outdoor Sales/DisplU Outdoor sales shall be subject to a separate
conditional use permit consistent with Section 4.165(3) ofthis Code.
4,165(5) (e)
Council„
4 165(5) (1) Motor fuel facilities associated with a convenience store shall be
subject to all the specifications of an auto repair, as outlined in
Section 4.165(4) of this Code:
4,165(6) Motor Vehicle Sales, Service, Leasing; /Rental and Repair Motor vehicle
sales /leasing /rental, service and repair is allowed as a conditional use permit
provided that:
4,165(6) (a) Required Uses The uses of motor vehicle sales /leasing /rental,
service and repair must all be prodded on the subject property.
4,165(6) (b) Same Site All customer - oriented uses associated with the business
shall be on the lot of principal activity or business and shall not be
separated by a public street, alley or other land; use.
4 i 6 f 6) (c) Location The subject property roust be accessible from a major or
minor arterial street as defined by the New Hope Comprehensive
Plan
4, 165(6) (d)
lot. All sides of the principal and accessory structures are to have
essentially the same or a coordinated, harmonious finish treatment.
„) 65(6) (e) Required Plans A detailed site plan, landscaping plan; and lighting
plan shall be required illustrating all existing andproposd buildings,
outdoor sales and storage areas, parking, loading and trash facilities;
setbacks, landscaping, exterior lighting and all other necessary
information as determined by the City.
, 165(6) (f) Lot Standards The minimum lot area shall be one (1) acre': The
minimum lot width shall be one hundred (10Q) feet.
4,165(6) (g) Sales Area The outdoor automobile sales/leasing/rental area shall
not be greater than one and one -half (1 -1/2) tunes the gross floor area
of the principal building. A minimum of two hundred eighty (280)
square feet ofsales/leasing /rental area per vehicle shall be provided,
i 1,65(6) (h) Setbacks All parking areas, driveways, and outdoor storage areas
shall be at least five (5) feet from all side and rear property lines,
The area shall be landscaped and screened in accordance with
Section 4.034(3) of'this Code.
4,165(6) (i) ionffard/T_lrsplayArea Outdoormotorvehicle sales /leasing /rental
display area maybe permitted withinthe required frontyardprovided
the following criteria are met,
i, i 65t6)(O (i) The outdoor sales /leasing /rental area does not exceed forty
(40) percent of the required front yard
4,16, ( (ii) The outdoor sales/leasing/rental display area shall not be
less than ten (l0) feet from the front lot line.
4.i165(6 (i) (iii) The required display area setback shall be curbed and
landscaped to prevent vehicle `encroachment into the front
yard and side yard setback areas.
4,1 (6 , s � (iv) Front ! yard display area shall comply with the
sales/leasing/rental area per vehicle ofsubsecton (g) above.
4,165(611(0 (v) The front yard display area shall not be used for customer
or employee parking.
4.165(6) (j)
building on the site, Areas intended for the storage' of damaged
vehicles that may result in the loss of motor vehicle fluids (i.e.,
gasoline, oil, antifreeze, transmission fluid, battery acid, etc.) shall be
designed to prevent the 'infiltration or drainage of these fluids into
area soils or storm water runoff and prevent the deterioration of
harking and storage area surfaces,
4, 5( 6) (k) Outdoor Re pair. The outdoor repair of motor vehicles or motor
vehicle parts anywhere on the property is prohibited.
4 ,165(6) (1) Parkigg. In addition to the required parking for the principal use or
activity, one (1) off - street parking stall for every one thousand:
(1,000) square feet of outdoor; motor vehicle sales area shall be
required. Areas used for outdoor sales shall be separated from the
required; off-street parking stalls. The required off-street parking
shall not be used for outdoor sales or storage and shall be specifically
marked for customer or employee use.
4,165(6 Strjpfiru All areas intended for customer vehicle parking or storage
shall be striped with painted lines not less than four (4) inches in
width and shall be maintained for legibility on a regular basis. The
front yard sales /leasing /rental display area need not be striped,+
4 (n) Curbing. All parking areas, driveways, sales areas and outdoor
storage areas shall have a continuous perimeter concrete curb of not
less than six (6) inches in height.
41 (o) Surfacing All parking area, driveway, sales area and outdoor storage
area shall be surfaced with bituminous or concrete material:
4,1 (p) Drainage The entire site shall have a drainage system which shall be
subject to City approval:
4r l 65 (6) (q) Lighting Shielded All lighting; shall be hooded and so directed that
the light shall not be visible from the public right-of-way and so that
no light or glare shines on adjacent property, buildings or structures.
4,165(6) (r) Noise Noise control shall be regulated by the noise control section
of this Code.
4.165(6) (s) Trash Receptacle An enclosed trash handling facility shall be
provided which conforms with the following provisions:
165(6 (s) (i) The exterior wall treatment shall be similar and/or
complement the principal building,
, t i (6) i (ii) The enclosed trash receptacle shall be located in the rear
yards
4 16- (6)( m) (iii) The trash receptacle must be in an accessible location for
trash pick up vehicles,
, i 65(6)(s m (iv) The trash enclosure must be filly screened and landscaped
right -of -way.
4.165(6) (t) Accessoi y Buildings The principal use may have one (1) accessory
building or structure, no larger than thirty (30)', percent of the 'floor
area of the principal building. Accessary buildings must be
constructed of the same type of materials as the principal building.;
Similar architectural treatment will be required on all sides of the
building
4,165(6) (u) Sianaae A detailed signage plan in conformance with Section 3.40
of this Code shall be submitted to the City for review and approval:
4, i 65( (t ) (i) Promotional signage attached or affixed to an automobile is
prohibited.
4 165( )(tt) (ii) Banner, pennants, streamers and other temporary
promotional signage may be permitted in accordance with
Section 3.441 of this Code.
4,1,65(6) (v) Flans if the American Flag is displayed in conjunction with this
conditional use permit, it must comply with the lawns outlined in 36
USCS, Section 173 -176n
4,165(7) Car Washes Car washes (drive through, mechanical and self-service)
provided that.
4,165(7) (a) Com atibili . The architectural appearance and functional plan of
the building and site shall not be so dissimilar to the existing
buildings or area as to cause ;impairment in property values or
constitute a blighting influences within a reasonable distance of the
lot
4,165(') (b) Stacking. Magazining or stacking space is constructed, with
screening, to accommodate that number of vehicles which can be
washed during a maximum thirty (3q) minute period and shall be
subject to the approval of the City,
4,165(7) (c) Surfacing/Drainne, The entire area other than occupied by the
building or plantings shall be surfaced with bituminous surfacing and
surrounded by continuous perimeter concrete curbing. Site surfacing
and drainage is subject to the approval of the City.
(d) Access. Vehicular access points shall be limited, shall create a
minimum of conflict with through traffic movement and shall be
subject to the approval of the City.
4,165(7) (e) NL. Provisions are made to control and reduce noise in
accordance with the Noise Control provisions of this Code.
4 165 (8) Adult Uses-Principal, Subject to the regulations of Section 4,039C and
Section 4.33 of this Code.
4,165 (9)
4,165(9) (a) Open Storage Screened. Storage area is landscaped, fenced, and
screened from view of adjoining properties and public rights-of-way.
4 165t9) (b) Surfacing Storage areas shall be surfaced with concrete or
bituminous.
4,165(9) (c) Parking Does not take up parking space as required for conformity
to this Code.
4.166 Lot RequireWnts, Buildin g Heights, and Setbacks. The following minimum requirements shall
be observed in the CB Zoning District subject to additional requirements, exception, and
modification set forth in this Code.
4,166(l) Lot Area. No minimum.
4,166(2) Lot Width. No ininfinum,
4,166(3) BMiLding Heig ht, Four (4) stories or forty-eight (48) feet whichever is greater.
4,166(4) Setbacks.
Front: Local
Front: Arterial or
Rear
Side: Interior
Side: Comer:
Arterial or
Street
Community
Side Yard (b)
Local Street
Conitnunity
Collector Street
Collector Street
(a)
(4)
20 feet
20 feet
30 feet
I 10 feet (b)
20 feet
20 feet
(a) See Section 4.033 (6)(b) of this Code.
(b)
4,17-4.19 RESERVED
4.20 I INDUSTRIAL DISTRICT
4.201
Industrial Use.
4.202 Permitted Uses
The following are permitted uses in an I District:
4.. 20 (1)
Radio and Television Antenna .Farm
4,202(2)
s .
Research, Medical, Dental or C112tical Laboratories
4,202(3)
Trade SchooMaining Schools /SpecialW Schools
4,202(4)
Warehousess
4.202(5)
Essential Services
.20 (6)
Governmental and Public Utility Buildings and Structures
02 (7)
Building Materials/Appliance and Furniture Retail Sales
4,202 (8)
Engraving, Printing and Publishing
4- (9)
Wholesale Business
4,202- (10)
Manufacturing etc. The manufacturing, compounding, assembly, packaging
processing, treatment or storage of products and materials.
i.202 (11)
Automobile Major Repair
t. -(')2 (12)
Office Business
,20 (13)
Cable TV . Limited scope production studio for franchised Cable TVcompany
additional height will have no adverse effect on the area surrounding the
studio.
4.203 Permitted Accessory Uses The fallowing are permitted accessory uses in an I District::
4,203(l) Accessory Building Accessory building forcornmercial uses shall not exceed
thn°ty (30) percent of the gross floor space of the principal building.
t.203 (2) Parking Off- street parking as regulated'by Section. 4.035s
4,201(3) Off-Street Loading Off- ..street loading as regulated by Section 4.036.
4,1 2 03(4) S_ g__ Sims in compliance with Chapter 3.
G iii (5)
4, 20 (6)
,20 3 (7) Eatin Establishments, Cafeterias, restaurants, snack bars and similar uses
provided such uses are primarily for the use of employees in the immediate
area
4,203(8) O° en Outdoor Storage. Open outdoor storage as a permitted accessory use
provided that;
4,203(8) (a) Accessory Use The open outdoor storage must bean accessory use,
as defined by Section 4,022 of this Cade, to a permitted or
conditional principal use on the site.
4.203(8) (b) Maximuin S ace. The open outdoor storage area may not exceed
twenty (20) percent of the gross' floor area of principal' structure.
.4,2 03(8) (c) Setbacks The open outdoor storage area shall not be located within
any front yard or side yard abutting a public right-of-way. Open
outdoor storage shall be back five (5) feet from all side and rear
lot lines and shall not be located within a utility or drainage
easement.
4,Z' ( ) (d) Surfacing The open outdoor storage area shall be surfaced with
concrete or bituminous.
4,203 (8) (e) Fencing. A wire weave /chain link security fence shall be required
around the open outdoor storage area in conformance with Section
4.034(3)(c) ofthis Code. Open outdoorstorage areas intended for the
exclusive storage of semi - trailers may be exempt from the required
security fencing provided the storage area is delineated and the
individual trailers are secured,
UO3(8) (f) Screenin /Landsca in . The open outdoor storage area shall be
screened and landscaped from adjacent residential uses and public
rights -of -way in accordance with the provisions of Section 4.034(3)
of this Cade.
i 03(8) (g) Required Space The open outdoor storage area shall not utilize any
required off- streetparking, loading areas, or access space, as required
by Section 4.035 and 4.036 of this Code.
4,203( 8) (h) Hazardous Materials The open outdoor storage area shall not be
used for storage of hazardous liquids, solids, gases or wastes. This
provision does not prohibit the property owner from obtaining an
administrative permit for the outdoor storage of propane or LP gas
per Section 4.204(5) of this Code.
4,2�;3(9)(i) Refuse and Uokeeu The property owner shall keep the open outdoor
storage areas free of refuse, trash, debris, weeds, and waste fill,
4,204
4.31 and the performance standards set forth in Section 4.03 of this God &<
4,204(l) Personal wireless antennas per Section 4,0399(2) of this Code.
4,204(2)
4,204 (3)
4.201(4)
1,204 () (a) Area limit Accessory outside service, sales and equipment rental
connected with a principal use is limited to thirty (30) percent of the
gross floor area of the principal use,
4104(l) (b) Screened from Residential Outside sales areas are fenced or
screened from view of neighboring residential uses.
4,204(4) (c) Surfacing Sales area is surfaced with concrete or bituminous.
4104. 4 (5) Outdoor Storage of Propane, or LP Gas, Accessory Outdoor storage of
4.204(5) (a) Location All propane: or, LP gas outdoor storage tanks shall be
located in the rear yard not less than twenty - fire (2) feet from any
property boundary lines. No tanks shall be permitted in the front yard
and side yard abutting public streets.
4,204( (b) Open Area Storage tanks shall be surrounded by twenty -five (25
feet of open area, Storage ofany kind is prohibited in said open area,
except equipment incidental to the storage tank. Approved parking
areas roust be set back ten (1 0) feet from any storage tank.
Outdoor Sales and Disylay, Accessory Open or outdoor service, sale and
rental as an accessory use provided that:
following requirements are satisfied.
4,1 (e) Setbacks from Building. Storage tanks shall be set back from
existing structures, as outlined in the Uniform Fire Code, based on
tank size.
4,20,4 5i (d) Circulation Storage tanks shall not interfere with site circulation
including, but not limited to, parking, driveway, curb cuts and
loading areas,
, 4( (e) Fencing. A wire weave /chain link security fence shall be required
around all storage tanks. The location of the fence shall be as per the
Uniform Fire Code.
4, 2 4(5) (f) Access Storage sites shall be accessible by service and emergency
vehicles:
4,20 () Valves All filling valves of the storage tanks shall be enclosed and
have locking devices
(h) Warning Signa e . A warning sign shall be required for every tank
and shall be placed in a conspicuous location directly on the tank
indicating a supplier's name, address, phone number, that highly
dangerous and flammable material is stored 'therein and that no
smoking requirements must be observed or a sufficient warning to
that affect, Said signage may not exceed four () square feet nor may
it be used for advertising purposes.
4.205
4,20-5 (1)'
4,205(l) (a) Screening/ andsegping The open outdoor storage area is screened
and landscaped from adjacent residential uses and public right-of-
way in compliance with Section 4.034 of this Co&
4,205(l) (b) Fencm , A wire weave /chain link security fence shall be required
around the open outdoor storage area in conformance with Section
4,034(3)(c) of this Code. Open outdoor storage areas intended for
the exclusive storage of semi-trailers may be exempt from the
required security fencing provided the storage area is delineated and
the individual trailers are secured,
4_ � (c) Surfacing The open outdoor storage area is surfaced with concrete
or bituminous,
4 205 1) (d) Setbacks The open outdoor storage area shall not be located within
any front yard or side yard abutting a public right-of-way. The open
outdoor storage shall be set back five (5) feet from all side and rear
lot lines and shall not be located within a utility or drainage
easement
4,205(1)(e) Re uired Space The seen outdoor storage area shall not utilize any
required off- streetparknrg, loading areas, or access space, as required
by Section 4.035 and 4.036 of this Code.
, U(60) i ) (f) Hazardous Materials The open outdoor storage area shall not be
used for storage of hazardous liquids, solids, gases or wastes. This
provision does not prohibit the property owner from obtaining an
administrative permit for the outdoor storage of propane or LP gas
per Section 4.204(5) of this Code.
4,205(l) () Refuse and Pp eep The property owner shall beep open outdoor
storage areas free of refuse, trash, debris, weeds, and waste fi1L
1.i} (2) Planned Emit Development, Industrial Industrial planned unit development
as regulated by Section 4.34 of this Code.
4 5 (3) Restaurants
4,205 (4) Motels/Hotels
44,205 (5) Commercial Recreation Facilities Commercial Recreation, provided thati
i 205(5) (a) Access The site of the proposed use has direct access to an arterial
street as defrned'in the City Code, without utilizing public streets of
a lower traffic handling classification to reach the .arterial street
(b) Com ratbili . The architectural appearance and functional plan of
the building and site shall not be so dissimilar to the existing
buildings or area as to cause ;impairment in property values or
constitute a blighting influence.
4,20 5 5i,5i (c) Lighting_ Shielded All lighting shall be!hooded and so directed that
the light source is not visible from the right- of-way or from a
residential zone or use,
4, 05(5 (d) Surfacin The entire area other than that occupied by buildings,
and grading shall be subject to the approval of the City.
1'2105(5 ) (e) Landse Wipg. Landscaping shall be provided and the type of planting
material and the number and size of plants shall be subject to the
approval of the City.
4.205(6) Solid and :Hazardous Waste Transfer Stations
4,20"50) (a) Purpose The purpose of this section is to establish standards for the
development of energy resource recovery -solid and hazardous waste
transfer facilities.
4 05(6) (b) General Provisions
, 1 .05(6) ) (i) Area The site must be fine (5) acres, or larger,
4,205(6 b) (ii)
4 205(6)(b)(M) Develorrinent The site development shall not require major
slope cutting, filling or off-site utility work.
i.,tai (iv)
C3wvnerhiu The site must be owned by Hennepin County
or privately held and currently for sale.
4,205(6)(h) (v)
Traffic A thorough Traffic Analysis must be made of the
existing and anticipated impacts upon streets within the City
of New Hope. This study would be based upon the Goals
and Objectives of the 1998 New Dope Transportation Plan.
Development shall be consistent with this Plan and shall be
evidenced by the Traffic Analysis.
mi, 0 )()) (A)
Environmental The site must be well- buffered and have
minimal visual, activity, and noise impact on residences.
4, 205(6)1( l (vii) Noise The site roust be one thousand (1000) feet from the
nearest residence and well buffered from tesidential areas as
to sound pollution, and shall conform with the Noise
Ordinance of the City of New Hope:
4105(6)(b) (viii) Water Quality The ; site development shall minimize
impacts on wetlands, streams, lakes and ponding areas.
4,205(6)(b) (ix) Recreation The site development shall not conflict with
existing recreational facilities in the City.
410 (7) Self Storage (mini warehouse) Facilities Provided that:
4,205('7) (a) Green Space At least thirty -five (35) percent of the site is open
green space which is sodded and intensely landscaped in accordance
with a plan approved by the City Council.
4,-- )05(7) (b) Building Location No buildings shall be located closer than
thirty -five (35) feet to each other to allow for parking, loading,
driveway and fire lanes.
4,205(7) (c) Building Length No building shall be greater than one hundred fifty
(150) feet in length,
4, 0 ) (d) Snow Storage Adequate space is provided for snow storage.
i, X05 (7) (e) Fire Hydrant All structures are to be within two hundred (200) feet
of a fire hydrant.
4,205( 7) (f) Sprinkler std All storage buildings are to be equipped with dry
sprinkling systems which will be subject to review and approval of
the City Building Official and the Fire Department,
4 0,5( () Fire Alarm S stern. Every two thousand (2,000) square feet of the
storage structure is to be separated by a fire wall and a complete and
comprehensive fire alarm system with smoke detectors shall be
initiated in each structure subject to the review and approval of the
Fire Department,
(h) Driveways and Parking Area. All driveways and parking areas are
to be hard (blacktop or concrete) surfaced and adequate turning
radius for fire truck maneuverability is to be maintained throughout
the site. Designated snow storage space is to be provided to insure
adequate and safe access during winter months'.
4,2 05( 7 ) (i)
the :Minnesota State Building Code and the Flew Hope Zoning and
Building Code. The occupancy and minimum interior and floor area
standards shall be controlled by Sections 3.35:3, 3361, 3.362 and
4.032(2)(b) of this Code. Off - street parking shall be made available
for said dwelling unit in conformance with . Section 4,035 of this
Code.
4,205�,7)(j) Building Appearance Any structures having exposure to an adjacent
residential use or public right-of-way, park-, or similar public use
areas shall be of brick, natural stone, wood, or stucco facing material.
4v2-05(7) (k) Other Business Activity No retailing, wholesaling, manufacturing,
repair, or other such activity other than storage is to occur within the
self storage, mina warehousing facility.
i.;iii (
it 20 (9)
i 20 (10) Tracking Operation Truck terminals and major truck repair provided the site
is adjacent to an arterial street, provided that:
- 4 (a) Regardless of whether the dispensing,; sale or offering for sale of
motor fuels and/or oil is incidental to the conduct of the use or
business, the standards and requirements imposed by this Code for
motor fuel stations shall apply. These standards and requirements
are, however, in addition to other requirements which are imposed
for other uses of the property.
Personal Wireless Service Antenna Lowers Personal wireless service antenna
towers in conformance with Section 4,039D of this Code,
4n205( (b) The entire site other than that taken up by a building; structure or
plantings shall be surfaced with blacktop or concrete to control oust
and drainage which is subject to the approval of the City Engineer.
4,205( i 0) (r) A drainage plan subject to the approval of the City Engineer shall be
installed.
4,205( (d) The lighting shall be accomplished in such a way as to have no direct
source of light visible from adjacent laud in residential use or from
the public right-of-way and shall be in compliance with Section
4.034(5) of this Code.
4,205(10) (e) Wherever fuel pumps are to be installed, pump islands shall be
installed.
4d205t i 0 i (f) Parking or truck magazine storage space shall be screened from view
of abutting residential districts in compliance with Section 4.034(3)
of this Code
4,205(10) (g) No outside storage, sales, service or rental shall be permitted, unless
otherwise approved in accordance with applicable provisions oftbis
Code.
i, 05 (11)
4, 205(12)
i. 0 (13)
i 20 (14)
Adult Use, Principal Subject to the regulations of Section 4,0300 of this
Code
County, state or federal government buildings or structures necessary for the
health, safety or welfare of the community.
4.206 Lot epuirerncnts, Building Height and Setbacl�s The following minimum requirements shall
be observed in the I District subject to additional requirements, exception, and modification set
forth in this Code
4,2106 (1) Minimum Lot Area One (1) acre.
1, (2) lylinirnum Lot Width One hundred (100) feet.
4, Impervious Surface Not more than eighty (80) percent of the lot area shall
be impervious surface,
4, 06(, ) (a) The pervious portion of the lot area shall be maintained as
landscaping in conformance with Section 4.034(4) of this Code,
4, 206 (4) Buildin Height Six (6) stories or seventy -two (72) feet, whichever is greater.
Four (4) stories of forty -eight (48) feet, whichever is greater, shall be required
DU Care, Centers Group day care centers operated in conjunction with a
health and social services use which qualified. under Section 4.205(] l).
4,20 6 (5) Setbacks.
Front. Local
Front: Arterial or
Rear (b)(c)
Side Interior Side
Side, Corner
Side Arterial or
Street
Community
Yard (b)(c)
Local Street
Community
Collector Street
Collector Street
(a)
(a)
30 feet
30 feet
30 feet
11) (b)
10 feet
30 feet
(a) See Section 4.033 (6)(b) of this Code,
(b) A seventy-five (75) foot side or rear yard setback will be required where the lot abuts
an R-1 or R-2 Zoning District
(c) For each additional story over three (3) stories or for each additional ten (10) feet over
(5) feet.
4.214.23 RESERVED
_ -
4.241 Purpose. The purpose of the PUD, Planned Unit Development District is to provide. for the
4.25 SHQULAND PERMIT OVERLAY DI
4.251 Policy and Application.
Minnesota Regulations Parts 6120.2500 - 61203900, and the planning and
zoning enabling legislation in MimL Stat, Chapter 462.
use and development of shorelAnds of public waters.
specific boundaries of the Shoreland Permit Overlay District is shown on the
New Hope Zoning Map.
4.252 Shoreland Classification System
,252 (1)
4,252 (3) Lakes
General Development Fakes
Protected Waters Inventory I.D.
Northwood Lake
27 - 627P
Meadow Lake
27 - 57P
i,212 (4) Rivers and Streams
Tributary Streams
Bass Creek
Bassett Creek - North. Branch
4.253 Administration
4153 (1)
4.253(2)
i „2 5„-3 (3)
Certificate of Zoning QoMjiance The Zoning Administrator shall issue a
punishable as provided in this Code
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 (5)
below shall also include the Planning Commission and City Council's
4 253 (4)
4,2,53(l i (a) The prevention of soil erosion or other possible pollution of public
waters, both during and after construction,
4,2153(4) (b) The visibility of structures and other facilities as viewed from public
waters is limited,
23( V (e) The types, uses, and numbers of watercraft that the project will
generate are compatible in relationto the suitability of public waters
to safely accommodate these watercraft.
4.253 (5) Notifications to the Department of Natural Resources
4.253(5) (a) Public Hearings Copies of all notices of any public hearings to
consider variances, amendments, or conditional uses under local
shoreland management controls must be sent to the commissioner or
the commissioner's designated representative andpostinarked at least
ten (10) days before the hearings. Notices of hearings to consider
proposed subdivisions/plats must include copies of the
sobdivision,tplat
,253( 5) (b) Approval. A copy of approved amendments and subdivisions /plats
and final decisions granting variances or conditional uses under local
shoreland management controls must be sent to the commissioner or
the commissioner's designated representative and postmarked within
ten (10) days of final action.
4.254 Land Use District Descriptions
- - l!5 4 (1) Allowed uses Allowed land uses within the Shoreland District shall be
determined by the underlying zoning district, as listed within Sections 4.05
through 4.24 of this Code.
4.255
4,255 (1) Residential.
summary of the public record/testimony and the findings offacts and
conclusions which supported the issuance of the variance.
Area Per Unit
Width
ti
Single Family
9,500 sf:
75 feet
Duplex Two Family
6,000 s f,
75 feet
Townhouse
5,000 s f,
80 feet
summary of the public record/testimony and the findings offacts and
conclusions which supported the issuance of the variance.
*2,200 square feet in an R -4 District
4,255 (2) Commercial and Industrial::
1
Area Per Unit
Width
Multiple Family
3,000 s1
100 feet
Elderly Housing and/or
1,000 &f
100 feet
Physically Handicapped
25,000 stf
80 feet
*2,200 square feet in an R -4 District
4,255 (2) Commercial and Industrial::
1
Area Per Unit
Width
Residential Business
15,000,s.f
100 feet
Limited Business
10,000 s1
80 feet
Community Business
25,000 stf
80 feet
Industrial
43,560 s.f
100 feet
4.256 Placement, Design, and Hecht of Structures
4,,"i (1)
4,'256( 1) (a) Required Setbacks All required rear yard, side yard and front yard
setbacks shall be met per the underlying zoning district.
Structures shall be located as follows:
al.2 (l ) (b) Ordinary Huh Water Level Setback Structure Setbacks (in feet),
from the Ordinary High Water Level:
Classes of Public Waters
Structure Setbacks
General Development
50 feet
Tributary.:
50 feet
4,256(f) (c) Requited Bluff Setback The following setback shall be applied,
regardless of the classification of the waterbody~
42:56(1 ) (e) Hei h� t of Structures Maximum allowable, height for all structures
shall be as follows.
District
Building Height
R -I
2-1/2 stories 32 feet
R-�2
2 -1/2 stories 1 32 feet
R -3
3 stories /36 feet
R -4
6 stories / 72 feet
R -5
6 stories 172 feet
R -C?
6 stories / 72 feet
R -B
6 stories 1 72 feet
LB
3 stories l 36 feet
CB
4 stories J 48 feet
Design Criteria for Structures
4,2 (a) High Water Elevjtions Structures must heplaced in accordance with
any floodplain regulations applicable to the site. Where these controls
do not exist, structures must be placed at least three (3) feet above the,
highest known water level, or two (2) feet above the ordinary high
water level, whichever is higher.
4,256041, (b) Water - oriented Accessory Structures Each lot may have one (1)
water- oriented accessory structure not meeting the normal stricture
setback in subsection (1) above if this water- oriented accessory
structure complies with the following provisions.
4,2 56 1 (d) Bluff Impact Zones Structures and accessory facilities, except
stairways and landings, r ustnotbeplacedwithinbluffi pactzhnes
.t , 2 da m(2 )(b) (i) Each lot shall be limited to one (1) accessory building in
addition to an accessory garage:
4, 256 (.))(b � (ii) The structure or facility must not exceed fifteen (15) feet in
height, exclusive of safety rails, and cannot occupy an area
greater than two hundred fifty (250) square feet. Detached
decks must not exceed eight (S) feet above grade at any
point.
4,256(2)(b) (iii) The setback of the structure or facility from the ordinary
high water level must be at least ten (10) feet:
4," 56 (2,,�) I)) (iv) The structure or facility rrrust be treated to reduce visibility
as viewed from public waters and adjacent shorelands by
vegetation, topography, increased setbacks or color,
assuming summer, leaf -on conditions.
4,2 56(2 (b) (v) The roof maybe used as a deck with safety rails butmust
not be enclosed or used as a storage area.
4_1 ti 56(;) )) b) (vi) The structure or facility must not be designed or used for
human habitation and must not contain water supply or
sewage; treatment facilities.
4.2%(2)(b (vii) As an alternative for general development and recreational
development waterbodies, water- oriented accessory
structures used solely for watercraft storage, and including
storage of related boating and water- oriented sporting
equipment, may occupy an area up to four hundred (400)
square feet provided the maximum width of the structure is
twenty (20) feet as measured parallel to the configuration of
the shoreline.
4,256)21(c) 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 the Shoreland Permit District
areas. Stairways and lifts must meet the following design
requirements:
42'36(2)(c) (i)
commercial properties, public open -space recreational
properties, and planned unit developments.
4,256(2)(c) (ii) Landings for stairways; and lifts on residential lots must not
exceed thirty -two (32) square feet in area. Landings larger .
than thirty -two (2) square feetmay be used for commercial
properties, public open -space recreational properties, and
planned unit developments.
4.11 (iii) Canopies or roofs are not allowed on stairways, lifts, or
landings.
4, (iv) 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.
4,256(2'K0 (v) 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.
4,256( (A) 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 subitems to
(v) are complied with, in addition to the requirements of
Minnesota Re lug ations Chapter 13411!,
12 (d) Steen S lgpes. The Zoning Administrator must evaluate possible soil
erosion impacts and developmentvisibility frompublic waters before
issuing a permit for construction of roads, driveways, structures, or
other improvements on steep slopes. When determined necessary;
conditions must be attached to'issuedpermits to prevent erosion and
to preserve existing vegetation screening of structures, vehicles, and
other facilities as viewed from the surface ofpublic waters, assuming
summer, leaf -on vegetation;
4,256 (3)
4,256(3)(a) Ve etationAlteration Removal oralterationofvegetati rnis allowed
subject to the following standards:
,,2 56(3)(a) (i) Intensive vegetation clearing within the share and bluff
impact zones and on steep slopes is not allowed.
4w256(3)0a (ii) In shore and bluff impact zones and on steep slopes, limited
clearing of trees and shrubs and cutting, pruning, and
trimming of trees is allowed to provide a view to the water
from the principal dwelling site and to accommodate the
placenneut of stairways and landings, picnic areas, access
paths, beach and watercraft access areas, and permitted
water-oriented accessory structures or facilities provided
that.
, 2 5 (3) (a)(ii) (1) The screening of structures vehicles, or
other facilities as viewed from the water,
assuming summer, leaf -on conditions, is
not substantially reduced,
i6(3, )W)(fi) (Z) Along rivers, existing shading of water
surfaces is preserved.
Shoreland Alterations Alterations of vegetation and topography will be
236 3 (a) iii (3) The above provisions are not applicable
to the removal of trees, limbs, or
branches that are dead, diseased, or pose
safety hazards.
(b) Construction Permit Grading and filling and excavations necessary
for the constr uction ofstructures and driveways under validly issued
construction permits for these facilities do not require the issuance of
a separate shoreland grading and filling permit:
256( ) ( c) Shoreland Girading_BFilling Permit Notwithstanding (b) above,
shoreland grading and tilling permit will be required for.
i , 2 5 60 )(c) 0) The movement ofmore than ten (10) cubic yards of material
on steep slopes or within shore or bluff impact zones.
4.256(3)(c) (ii) The movement of more than fifty (50) cubic yards of
material outside of steep slopes and shore and bluff impact
zones.
4,2560) (d) Conditions The following considerations and conditions must be
adhered to during the issuance of construction permits, shoreland
grading and filling permits, conditional use permits, variances and
subdivision approvals:
4 25 ( ) d) (i)
2 "'E6(3)t i)(il (1) Sediment and pollutant trapping and
retention,
,25. t,. (2) Storage of surface runoff to prevent or
reduce flood damage.
56 6) d ) (3) Fish and wildlife habitat.
2156(3)()) (i) (4)
256(3)(d )f ii (5)
"L2 (,3)(d)( i) (6)
Recreational use:
Shoreline or bank stabilization.
Noteworthiness, including special
qualities such as historic significance,
critical habitat for endangered plants and
animals, or others„
Grading or filling in any type 2 -8 wetlandmustbe evaluated
to determine how extensively the proposed activity would
4,2'5 6(3 )fd) (ii) Alterations must be designed and conducted in a manner
that ensures only the smallest amount of bare ground is
exposed for the shortest time possible:
4.1256(3)(l)( iii)
Mulches or similar materialsmustbe used, where necessary,
for temporary bare soil coverage, and a permanent
vegetation cover must be established as soon as possible.;
4, 2 5 (if 3(d# (iv)
Methods to minimize soil erosion and to trap sediments
before they reach any surface water feature must be used.
4, X56( )f d � (v)
Altered areas must be stabilized to acceptable erosion
control standards consistent with the field office technical
guides of the local soil and water conservation districts and
the United States Soil Conservation Service
4256(3 (vi)
Fill or excavated material must not be placed in a manner
that creates an unstable slope.
4 256(, ),j,aJ (vii)
Plans to place fill or excavated material on steep slopes
must be reviewed by qualified professionals for continued
slope stability and must not create finished slopes of thirty
(30) percent or greater.
:.x.,256(3 ,t (d; , (viii)
Fill or excavated material must not be placedin bluff impact
zones;
-1,25 f,3)(�il (ix)
Any alterations below the ordinary ,high water level of
public waters must first be authorized by the commissioner
under Minn. Stat. Section 103G.245.
4,256(3)(d) (x)
Alterations of topography must only be allowed if they are
accessory to permitted or conditional uses and do not
adversely affect adjacent or nearby properties'.
4,d 56(, 39(d) (xi) Placement of natural '!rock rip rap, including associated
grading ofthe shoreline and placement of a filter blanket, is
permitted if the finished slope does not exceed three (3) feet
horizontal to one (1) foot vertical, the landward extent of
the rip rap is within ten (1 d) feet of the ordinary high water
level, and the height of the rip rap above the ordinary; high
water level does not exceed three (3) feet.
4, 56(.3) (e) Connections to Public Waters Excavations where the intended
purpose is connection to a public water, such as boat slips, canals,
lagoons, and harbors, mustbe controlledby local shoreland controls.
Permission for excavations may given only afterthe commissioner
has approved the proposed connection to public waters.
4 256 (4) Stormwater Manage ment The following; general and specific standards shall
apply:
4.256(4) (a) General Standards
4,256 4 0,,� � (i) When passible, existing natural drainage ways, wetlands,
and vegetated sail surfaces must be used to convey, stare,
filter, and retain stormwater runoff before discharge to
public waters.
(ii)
velocities, erosion potential, and reduce and delay runoff
velocities, erosion potential, and reduce and delay runoff
volumes, Disturbed areas must be stabilized and protected
as soon as possible and facilities or methods used to retain
sediment on the site.
4„���i6 ..gVa (iii) When development density, topographic features, and soil
and vegetation conditions are not sufficient to adequately
and facilities.
4 X6(4) (b) Specific Standards
.t, 2 6(4 (i ) (i) Impervious surface lot coverage shall not exceed thirty five
(35) percent of the lot area, except as a conditional use,
which shall comply with the following standards.
56(4 )to)i i (1)
All structures, additions or expansions
shall meet setback and either
requirements of this Code.
4"256(4)( (2)
The lot shall be served with municipal
sewer and water.
, ,25 6(4)(b)(O (3)
The lot shall provide for the collection
and treatment of storm water in
compliance with the City Surface Water
Management Plan if determined that the
site improvements will result in increased
runoff directly entering a public water.
All development plans shall require
review and approval by the City Engineer
and the underlying Watershed District.
1 56(4)(0 0) (4)
Measures to be taken from the treatment
of storm water runoff and/or prevention
of storm water from directly entering
public water'. The measures may include,
but not be limited to the following.
12 56(4 )( n)h, i ii l t (A) Appurtenances as sedimentation
basins debris basins, desilting
basins, or silt traps.
1, 256(4 )(lx )t i i( ) (B) Installation of debris guards and
mic rosilt basins on storm sewer
inlets.
4n25 6(4,)(b )(i)i4)(C) Use where practical, oil
skimming devices or sump
catch basins.
4, 56(4)(b)ji)(4) (U) Direct drainage array from the
lake and into pervious, grassed,
yards through site grading, use
of gutters and down spouts.
4,256(4)(b)(i)( ) (E) Construction sidewalks and
driveways of partially pervious
raised materials such as decking
which has natural earth or other
pervious material beneath of
between the planking.
42560ii t(i)(4) (F) Use grading and construction
techniques which encourage
rapid infiltration, e „g., sand and
gravel under impervious
materials with adjacent
infiltration swales graded to
lead into them.
4- 1 56(4)(,b)(i )(4) (G) Install berms, water bars, or
terraces which itemporarily
detain waterbefore dispersing it
into pervious area.
4,256(4)(b) (ii) When constructed facilities are used for
stormwater management, documentation must be
provided by a qualified individual that they are
designed and installed consistent with the field
office technical guide of the local soil and water
conservation districts;
4,2 ,6 (b) (iii) New constructed stormwater outfall to public
waters must provide for filtering or settling of
suspended solids and skimming or surface debris
before discharge.
4.257
4, 2 5 7 (1)
4,257( 1 (a) The structure existed on the date the structure setbacks were
established.
4 2 5 �( I) (Ii) 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.
4,2 5 7(1 'i (c) The deck encroachment toward the ordinary high water level
maintain a minimum setback to less than twenty - five (25) feet.
,257 1 (d) The deck is constructed primarily of wood, and is not roofed or
screened.
4.26 F'LOODPLAIN DISTRICT
4.261!
14,a6i (1)
4,261(2)
4.262 General Provisions
"!6 (1)
4,262(2)
261 (3)
community shall:;
..'. (a) Require a floodplain evaluation consistent with Section 4264(3) of
this Code to determine a lot} -yeas flood elevation for the site; or
4,261 (b) Base its decision on available h drauhc/hydrologlc or site elevation
survey data which demonstrates the likelihood the site is within or
outside of the floodplain,
4.263 Conflict with Pre - Existing Zoning Regulations and { gneral Compliance
Statutory Authorization Findin sofl;actandPu ose. The Legislature ofthe State ofMinnesota
public health, safety and general welfare.
Warning of Disclaimer of Liability This Code dues not imply that areas
outside of the floodplain district or land uses permitted within such districts
,263, (1)
,2 3 (2)
, 21 3 (2 ) ( a) New manufactured homes and replacement manufactured homes are
subject tothe general provisions ofthis Code and specifically Section
4,264
4,2 6 13 ( 1) (b) Modifications, additions, structural alterations or repair after damage
to existing nonconforming structures and nonconforming uses of
sttctures or land are regulated by the general provisions of this Code
and specifically Section 4.269.
4,263(2) (c) As -built elevations for elevated structures must be certified by
ground surveys as stated in Section 4,267(3) of this Code:
4,264 Permitted Uses. Standards, and Floodnlain Evaluation Criteria
4,264(l) Permitted Uses in the Floodt}lain The following uses of land are permitted
uses in the floodplain district.
t. 264 (1 ) (a) Any use of land which does not involve a structure, an addition to the
outside dimensions to an existing structure or an obstruction to flood
flows such as fill, excavation, or storage of materials or equipment.
4,264(1) (b) Any use of land involving the construction of new structures, the
placement or replacement ofmanufacturedhomes, the addition to the
outside dimensions ofan existing structure or obstructions such as fill
or storage of materials or equipment, provided these activities are
located in the flood fringe portion of the floodplain. These uses shall
be subject to the development standards in Section 4.264(2) of this
Code and the floodplain evaluation criteria in Section 4264(3) ofthis
Code for determining floodway and flood fringe boundaries.
4,264(2) Standards for Floodplain Permitted Uses
4,26 ( a) Fill shall be properly compacted and the slopes shall be properly
protected by the use of riprap, vegetative cover or other acceptable
method, The Federal Emergency Management Agency (FEMA) has
established criteria for removing the special flood hazard area
designation for certain structures properly elevated on fill above the
CoMpliance No new structure or land shall hereafter be used and no structure
shall be located, extended, converted, or structurally altered without full
100-year flood evaluation - 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 initiationn of site preparation if a change of
special flood hazard area designation will be requested.
4, 2 64('12 `) (b) Storage of materials and equipment.
4,264(2)(b) 0) 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.
4,2 1( ) b) (ii) Storage of other materials or equipment maybe allowed if
readily removable from the area within the time available
after a flood warning or if placed on fill to the Regulatory
Flood Protection Elevation.
4,264(2) (c) No use shall be permitted which will adversely affect the capacity of
the channels or floodways of any tributary to the main stream, or of
any drainage ditch, or any other drainage facility or system.
t, 264 2 � (d) All structures, including accessory structures, additions to existing,
thereon.
4,264(2) (e) All Uses Uses: that do not have vehicular access at or above an
elevation not more than two (2) feet below the Regulatory Flood
Protection Elevation to lands outside of the floodplain shall not be
permitted unless granted a variance by the City Council. In granting
a variance, the Council shall specify limitations on the period of use
or occupancy of the use and only after determining that adequate
flood warning time and local emergency response and recovery
procedures exist.
4164( ) (f) Commercial and Manufacturing 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 greater than two (2) feet or be subject to flood velocities
greater than four (4) feet per second upon occurrence of the regional
flood.
i ,2 i(2) (g) All manufactured homes roust 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.
i 264 (3) Floodplain Evaluation
4,2640 ( a) Upon receipt of an application fora permit, manufactured home park
development or subdivision approval within the Foodplam district,
the City Manager or a designative representative shall require the
applicant to furnish sufficient site development plans and a
hydrologic/hydraulic analysis by a qualified engineer or hydrologist
specifying the nature of the development and whether the proposed
use is located in the floodway or flood fringe and the Regulatory
Flood Protection Elevation for the site. Procedures consistent with
Minnesota Rules 1983 Pants 6120.5600 (Technical Standards and
Requirements for Floodplain Evaluation) and 6120.5700 (Minimum:
Floodplain Management Standards for Local Ordinances) shall be
followed during the technical evaluation and review of the
development proposal.
4, 264(3) (b) The City shall submit one (1) copy of all information required by
Section 4.264(3)(x) of this Code to the respective Department of
Natural Resources Area Hydrologist for review and comment at least
twenty (20) days prior to the granting of a permit or manufactured
home park development/subdivision approval by the community.
The City shall notify the respective Department of Natural Resources
Area Hydrologist within ten (10) days after a permit or manufactured
home park development/subdivision approval is granted,
4.265
state;floodplain management standards contained in Minnesota Rules 1983 Parts 612#15000 -
61206200,
4.266 Subdivisions
4,266 (1)
4 6 (
For all subdivisions in the Foodplain the Floodway and Flood Fringe
boundaries, the Regulatory Flood Protection Elevation and the required
elevation ofail access roads shall be clearly labeled on all required subdivision
drawings and platting documents,
4.266(4)
4.267 Administration
4,267(l)
4,2677 (2)
Permit Required A permit issued by the City shall be secured prior to the
permits.
4,267 (4) Securily Required
i - 2 67(4 1 (a) Form Upon approval of a use permit, the City may require a letter
of credit or other financial security to be approved by the City
Attorney prior to the issuing ofbuilding permits or initiation of worl
on the proposed improvements or development, Said security shall
,guarantee conformance and compliance with the conditions of the
use permit and the regulations and laws of the City.
-U67(4 ) (b) Amount The security shall be in the amount of the City Engineer's
and/or City Building Official's estimated costs of labor and materials
for the proposed improvements' or development~
8 "Z6 7(4) (c) Duration The City shall hold the security until completion of the
proposed improvements or development and a certificate of
occupancy indicating compliance with the use permit and the
regulations and laws ofthe City has been issued by the City Building
Official.
designation will, be requested.
of an obstruction within the floodplain.
4,2 67(4) 7(4) (d)', Forfeiture Failure to comply with the conditions of the use permit
and/or the regulations and laws of the City shall result in forfeiture of
the security.
4.268 Variances
4, 6 (i)
4,268(2)
4,2 ( (3)
,26 (4) The City shall submit by mail to the Commissioner of Natural; Resources a
.,26 (5)
4,268 (6)
4,269 Nonconformities A'! structure or the use of a structure or premises which was lawful before the
passage or amendment of this Code but which is not in conformity with the provisions of this
Goole may be continued subject to the following conditions.
the City's ",respective planning and zoning enabling legislation.
Appeals Appeals from any decision of the City Council may be made, and as
specified in the City's Official Controls and also Minnesota Statutes
4, (1) No such use shall be expanded, changed; enlarged, or altered in a way which
increases its nonconformity.
4,26 9(2)
(2)
structures'.
4,269(4)
4.269A
i,269 (
Program
passible.
An alteration within the inside dimensions of a nonconforming use or structure
is permissible provided it will not result in increasing the flood damage
potential of that use or structure.
Permit for reconstruction if the use is located outside the floodway and, upon
reconstruction, is adequately elevated on fill in conformity with the provisions
of this Code.
The City shall notify the suspected party of the requirements of this Code and
all other Official Controls and the nature and extent of the suspected violation
,1.69 (4
4.269B Amendments All amendments to this Code, including revisions to the Official Floodplain
4.27 -4.29 RESERVED
exceed thirty (30) days.
4.30
Al)MINISTRATIgN - GEN1 RAI
4.301:
4.302
4.303
DevelopmentApplication Procedures Certain applications ofthe Zoning Code require study and
, 03 (1)
4,103(2)
4-103( (a) A City application form(s) relating to the request signed by all
persons with an interest in the subject property affected by the
request. A copy of an Owner's Duplicate Certificate of Title or other
approved documentation of interest shall also be submitted with the
signed application form(s);
4,30,1(d ") (b) All supporting information required by this Code and/or outlined in
Section 4.35 of this Code and application documents included with
the City application forms;
4,303(2) (c ) Payment of all fees associated with the applicable application(s);
4,303(2)(d) A pre -- application meeting shall be requiredby City staff at which the
appropriate application procedures, requirements and applicable'
Code provisions relating to the request Will be reviewed and
explained.
4,303("'4') (e) An application will be deemed complete unless the applicant receives
written notice within ten (10) business days exclusive of Saturdays,
Sundays and legal holidays of its submission indicating it is not
complete and indicating what information is missing. This notice
shall be considered given by its deposit in the U.S. Mail, first class
postageprepaid, addressed to any listed applicant atthe address given
on the application form. In the event the applicant fails to provide an
reviews, .Zoning Cade test or reap amendments, and appeals on zoning questions:
Manager, Applications must be complete before they are accepted, A
complete application must include the following` information:
address on the application form, this notice requirement for
incomplete applications shall be deemed waived by the applicant.
4,303(3)
.4,3 i (4)
4,303(5)
I
l„ 0 s (6) Notice Not Received Failure of the City to send, or a property owner to
receive notice shall not invalidate any proceedings under this Code..
4,303 (
ui 4 0 (8) Presentation of&plication The applicant or a representative of the applicant
shall appear before the Planning Commission in order to present the case for
the application and to answer questions concerning the request. Failure ofthe
of the applicant.
necessary or desirable to carry out the intent and purpose of this Code and the
Comprehensive Plan. Such recommendation shall be either in the minutes or
expert opinion and data at the expense of the applicant.
in which ease the application shall be placed on the agenda and considered at
the regular meeting following the next regular meeting.
4 }03 (10)
4,3(Y3 (11)
4303 (12)
Council Review The City Council shall act upon an application after it has
43 03 (13) Votes Required
=4.iO3 (43)(a) Amendments. Approval of a request for an amendment of this
Chapter (text and/or reap) shall require passage by a 4/5ths vote of
the full City Council.
-4,303(13) (b) Conditional Use Permit, Variance, and/or Site Plan Review. A
request for approval of a conditional use permit, variance or appeal
on site plan review shall require the affirmative vote of a majority of
a quorum of the City Council present for the vote for passage.
be entered in and made part of the permanent written record of the City
Council meeting.
Council Action Upon receiving the report and recommendation of the
as provided by Section X4.30 4(2) of this Code.
4,303 (14)
,3 3 (15)
4.303(16)
i34 (17)
4.304
430i(l)
findings which may have been passed by the Council.
variance authorized shall be filed with the Hennepin County Recorders
under Robert's Rules of larder.
contain, but not be limited to, the following terms and conditions:
cash escrow, certificate of deposit, irrevocable letter of credit, securities or
,30 (2)
U(J-4 (3)
4-30 (4)
l 0,4 (5)
4.305
4.306
4.306(l)
-306 (2)
security.
work under the permit.
performance agreement relating to said permits.
consultant fees or costs paid by the City for other consultants for expert review
of a development application.
4.307
4.306(4)
06 (S)
4,:06 (6)
a Supplemental Zoning Deposit shall be required by the City Manger to be
paid by the applicant. The one or more Supplemental Zoning Deposits shall
be in an amount sufficient to pay all Actual Costs of the City.
4,33'ii ADMIN STRATTON - ADMINISTRATIVE PERMITS AND APPROVALS
4.311
4.312 Procedure..
4.3 ! (1) Applicat
ordesign
the City.
4,312(2) The appl
as established by City Council resolution.
4 "362 (3)
submission.
ii (4)
4,312(4)(a) Compliance with and effect upon the Comprehensive Plan and public
facilities, plans.
4,312(4) (h) The establishment, maintenance or operation of the use, event or
activity will not be detrimental to or endanger the public health,
3 t Vii"; 8) (c) The establishment of the use, event or activity will not conflict with
existing uses and will not impede the normal and orderly
development and improvement of surrounding property for uses
permitted in the district.
312(4) (d) Adequate public facilities and services are available or can be
reasonablyprovided to accommodate the use, event or activitywhich
is proposed,
rt",t t A'0 ) ( e) The use, event or activity shall,; in all other respects, conform to the
applicable regulations of the district in which it is located and to the
performance standards as outlined in Section 4.03 and all ether
applicable provisions of this Code.
4- i " " 2 (5)
of a complete application.
4,3 i 2 (6)
4,312(7) , Determination of non-compliance with apphcable codes, ordinances, and the
standards in this paragraph shall be communicated to the applicant in writing
and the application for the permit shall be considered. denied.
4,312(8) Unresolved disputes as to administrative application of the. requirements of this
paragraph shall be subject to appeal as defined by Section 4,305 of this Code.
4.313
,3iv (1)
4,313(2)
431 (
i,:31 13 (
4.314
exits, bona fide parking and driving areas, and which accurately indicates any
proposed temporary structures, including tents, stands, and signs.
activity is proposed.
4.315 Administration and Enforcement
4,315 (1) The Zoning Administrator shall keep a record of applications and
administrative permits.
, 3 1:5 (2)
3 a 5 (3)
4.316
criteria outlined in Section 4.354 of this Code.
Code shall be attached to the permit,
Information identified in Section 4,356 of this Code, as may be applicable.
4.317
4.318
proposed improvement or development in accordance with Section 4.304 of this Code,
4.32
AT)MM I '1 ATTON - AMENDMENTS
4,321
real estate.
4.322 Procedure
pursuant tc
4,323
4,323 (2) The character of the area has changed to warrant consideration of an
amendment.
4,323(3)
Comprehensive Plan.
4,323 (1) The zoning amendment is necessary to correct a past zoning mistake.
4.3 ADMINISTRATION - CC)NDITIONAL USE PERMIT
4,331'
4.332
4.333
4,11333 (1)
4,333(2)
4,333(3) Performance Standards The proposed use conforms with all applicable
performance standards contained in this Code
4333 (4) No DWreciation in Value The proposed use will not tend to or actually
depreciate the area in which it is proposed.:
4333 (5) Zoning District Criteria In addition to the above general criteria, the proposed
use meets the criteria specified for the various zoning districts.
i. 33 (6) In Residential Districts (R -J-R-2, R-3, R- 4�R -5, R -B, R
4, , 3 (6) (a) Traffic Non- residential traffic is channeled into thoroughfares or
onto a street abutting business or industrial uses leading directly to
thoroughfares, and not onto minor residential streets.
4-1 (b) Screening The proposed use will be sufficiently separated by
distance or screening from adjacent residentially .zoned land so that
existing homes will not be materially depreciated in value and there
will be no deterrence to development of vacant land.
433 3 (6 ) (c) Compatible Appearance The structure and site shall have an
appearance that will not have an adverse effect upon adjacent
residential properties.
4,3 3 (7) In Business Districts ( LB, CB)
Criteria for Decision The Planning Commission and City Council shall consider possible
.3)33( ) ( a) Traffic The proposed use will not cause traffic hazards or
congestion.
4,33 () Nearby Residences Adjacent residentially -zoned land will not be
adversely affected because of traffic generation, noise, glare, or other
nuisance characteristics.
4,33 17 (c) Effect on Other Businesses Existing businesses nearby will not be
adversely affected because of curtailment of customer trade brought
about by intrusion of unduly heavy non - shopping traffic or general
unsightliness.
4333 (8) In Industrial Districts 1'I)
4333(8i (a) Nuisance, Nuisance characteristics generated; by the use will not
have an adverse effect upon existing and future development in
adjacent' areas.
43331, ) (b) Economic Return The use will provide an economic return to the
community and be cornmensurate with other industrial uses for which
the property could feasible be used. In considering the economic
return to the community, the Planning Commission and City Council
may give weight to the sociological impact of a proposed use, both
positive and negative.
4.334
43,34 (2)
,3334 (3)
4,334(3) (a) The application shall be processed and considered pursuant to
Section 4.303 of this Code.
4,334(3) (b) The Zoning Administrator shall notify the responsible Bolder of the
permit of the application and that they have an opportunity to appear
4,334(l) What circumstances constitute a significant change or changes shall be
determined by the City Manager or designated agent and may include, but are
not limited to, expansion of structures andfor premises or operational
modifications that affect the intensity ofuse, Significant changes in the scope
of the approved use may include, but not be limited to, removal or
Holders of a conditional use permit may request an amendment to the permit
at any time pursuant to the provisions for application set forth in Section
4.3113.
before the Planning Commission and/or City Council to show cause
why the permit should or should not be amended:
4334(11)(C)
4.335
4,335(l)
4-1135(l) (a) The application shall be processed and considered pursuant to
Section 4.303 of this Code.
4.335(11 (b) The Zoning Administrator shall notify the responsible holder of the
permit of the application that they have an opportunity to appear
before the Planning Commission and/or City Council to show cause
why the permit should not be revoked.
• l . " ill (c) The Zoning Administrator shall provide the responsible holder of the
permit a;notice of any decision as well as a copy of the proceedings
and adopted findings of the City Council.
violation of existing City ordinances, codes or ether applicable regulations,
4,34 ADMJNISTRATION PLTt PLANNED UNIT DEVELOPMENT
4,341'
4341 (
4341 (2)
43 (
4, 1 i ( 4)
3 i (5)
4.341(6) Promotion of a desirables and creative environment that might be prevented
4.342 General Rcauit'ements and Standards fora PUP
4,342(l)
4,342(2) CoMprehensive Plan Consistency TheproposediPU [3shallbe consistent with
the City Comprehensive Plan,
4 -342 (3) Common Open Space Common open space at least sufficient to meet the
minimum requirements established in this Code and such complementary*
structures and improvements as are necessary and appropriate for the benefit
Pu ose and Intent. The purpose of this section of the Zoning Cade is to provide for the
such developments.
4,3 42(4)
(4)
4,:,31 2(4) (a) Landlord - Tenant Landlord control, where only use by tenants is
anticipated.
4 2(4 ) (b) Owners Property Owners Association, provided all of the following
conditions are met;
43,42(4)(b) (ii) Owner's Association The,, declaration of covenants,
conditions and restrictions shall provide that an owner's
association or corporation shall be formed and that all
owners shall be members of said association or corporation
which shall maintain all properties and cornrnorr areas in
good repair and which shall; assess individual property
owners proportionate shares of joint or common costs.
4,342(4)(b) (iii) Open Space Permanent The open space restrictions must
be permanent and not for a given period of years,
4- (iv) Liability forCaga The Association mustbe responsible for
liability insurance, local taxes, and the maintenance of the
open space facilities to be deeded to it
4,342 (5)
, 1342 ;t (6) Densi . The exact density allowable shall be determined by standards agreed
and enjoyment of the residents of the PUD shall' be provided within the area
of the PUD.
Operating ` and Maintenance Re uir ments for PT.7D Cgnnnon O en
Declaration of Covenants and Conditions Prior to the use,,
occupancy or sale of an individual building unit, parcel,
tract, townhouse, apartment, or common area, a declaration
the entire PUD as the stages or units completed or under development bear to
the entire PUD.
,34,2 (7)
4,34 (8) Utility Connections
i., ° 2(8) (a) Water Connections Where more than one (1) property is served
from the same service line, a shut off valve must be located in such
a way that each unit's service may be shut off and secured by the
City, in addition to the normally supplied shut off at the street:..
4,342(g) (b) Sewer Connections Where more than one (1) unit is served by a
sanitary sewer lateral which exceeds three hundred (300) feet in
length, provision must be made for a manhole to allow adequate
cleaning; and maintenance of the lateral. All maintenance and
cleaning shall be the responsibility ofthe property owners association
or owner.
4,342 (9) Roadways Private
4,342(91 (a) Design Private roadways within the project shall have an improved
surface to twenty -five (25) feet or more in width and shall be so
designed as to permit the City fire trucks to provide protection to
each building.
i,3 w (9) (b) Parking No portion of the required private road system may be used
in calculating required off- street parking space or be used for
parking.
i 34 (10)
434 2 (11) Public Services The proposed project shall be served by the City water and
sewer system and fire hydrants shall be installed at such locations as necessary
to provide fire protection'.
434 (12) Refuse Provision for trash pick -up shall be provided according to aplan
i.34 (13)
particular site, the architectural characteristics of the proposed structures and
the overall scheme of the PUD plank
4.343 Residential Planned Unit Development, CUP, Requirements
4,343(2) Yards,
4.343(2 (a) Setbacks, Peri� The front and side yard restrictions at the
periphery of the Planned Unit Development site at a minimum shall
be the same as unposed in the respective districts.
,343(2 (b) Setback, Front No building shall be located less than twenty (20)
feet from the back of the curb line along those roadways which are
part of the internal street pattern,
4,3 43(2) (c) Building, Separation Buildings within the same lot shall maintain a
minimum setback of ten (10) feet between buildings.
i 3 4 3, (3) Density Bonus As a consequence of a Planned Unit Development's planned:
..a i. (4) Townhouses. Cooperatives, Condom miums
4,1343(4) (a) Frontage Minimum unit lot frontage for townhouses shall be not
less than twenty -four (24) feet.
4, 43(4) (b) Dwellin Dwelling unit and accessory use requirements are in
compliance with the district provisions in which the development is
planned.
4,343(4) (e) Number ofUnits and BumldmngLength A townhouse structure shall
have three (3) to eight (8) dwelling units with no single wall greater
than forty - eight (48) feet in length without an offset of four (4) feet
or more, or an angle of twenty -two and one -half (22 -1,2) degrees, or
.more.
shall be one and one -half (1 -1I2) times the estimated cost ofthe improvements
as determined by the City Engineer or City Building Official.
4.30, 4.33 and 4.34 of this Code,
requirements for these extra units shall be observed in compliance with this
Code,
-343(4) (d) Open Space, Townhouse projects shall have an open space area
equal to foil (40) percent of the total project site.
4.344
Commercial or Industrial Planned Unit Development CUP Requirements
,4,344(l)
3,. tai (2)
i,3 4(2) (a) Surfacing The entire site other than that takers up by structures or
landscaping shall be surfaced with a material to control dust and
drainage:..
4.34 (b) Drainage. A drainage, system subject to the approval of the City
Engineer shall be installed.
4,13144(2) (2) (c) Screening and Landsc#ping Developments abutting an R -1 R -2
R -3, R -4, R -0, and RB District shall be screened and landscaped in
compliance with Section 4.034(3)(d).
4.345
Procedure for Processing g_Planned Unit Developent
4-345(1)
4.345 1) (a) Application Conference Preliminary discussions
4,345(1) (b) General Conce t Flan. Consideration of overall concept and plan.
4-3'45 (1 ) (c) Develparnent Stage Plan One or more detailed. Plans as part of the
whole final plan,
4.346
4.347 General Concept Plan
Landscapipg, Screening, and Surfacinj
segments of the whole as the plan affects the public interest. The various
steps, outlined in detail in the following sections, aces
4,34 5( 1 3 (d) Final Plan The summary of the entire concept and each
Development Stage Plan in an integrated complete and final plan.
,34 7 (1) Pg The General Concept Plan provides an opportunity for the applicant
4.34 (a) Overall Maximum PUD Density Range
4 4 7 11) (b) General Location of Major Streets and Pedestrian Ways
43470) (c) General Location and Extent of Public and Common Open Space
,31"1 (1)(d) General Location cif Residential and Non - Residential LandUses u+ith
Approximate Ty�ae and Intensities of Development
4,3 470) (e) Stag and Time Schedule of Develonment
4,347(l) (f) Qther Special Criteria for Development
4347 (2) General Concept Plan Submission Information
4347(2) (a) General Information
ryl. t (, )(a) (i) Qwner. The landowner's name, address and telephone
number and his interest in the subject property.
4 7(2 )i a) (ii) Applicant The applicant's name, address and telephone
number if different from the landowner, The applicant may
designate an agent to be contacted by the City, who may
speak for the Applicant.
4, 3 7(2 ){ ; 0 (iii) Consultants, The names and addresses of all professional
consultants who have contributed to the development ofthe
PUD plan being submitted, including attorney, land planner,
engineer and surveyor.
4.;; 47(2) '�, (its) Title of Applicant Evidence that the applicant has
4 "DUI (2) (b) Present Status of Premises and Adjacent Properties
, 1 (2 )t 1 ') (i) Description The address and legal description of the
subject property. A survey is required.
. X34 7 (=1 )(b) (ii) Zoning The existing zoning classification and present use
of the subject property and all lands within five hundred
(500) feet of the subject property.
4, 3 (ill) Mats A single reproducible snap or aerial photograph at a
scale of not less than one (1) inch equals one hundred (100)
feet, depicting + the existing development of the subject
property and all land within five hundred (500) feet thereof
and showing the precise location of existing streets.
a3„ i°i7(2) (d)
4,347(2)(d) (i) Survey; showing lot dimensions and existing easements and
utilities
4.347(2)(d) (ii) Contours - minimum two (2) foot intervals.
4 34 (2)( M (iii) Location, type, and extent of tree cover.
43 ri 7(2)(d ) (iv) Slope analysis,.
4,3 t (2)(' iii (v) Location and extent of water bodies, wetlands, and streams
and flood plains within three hundred (300) feet of the
subject property.
.,ui i sJ2.)(d) (vi) Existing drainage patterns.:
4.347(2)(d) (vii) Vistas and significant views.
4a347(2 Rd) (viii) Soil conditions as they affect development,
All of the graphics should be the same scale as the final plan
to allow easy cross reference. The use of overlays is
recommended for clear reference.
4,347(2) ( ) (e) Concept Drawing Schematic drawing of the proposed development
concept including, but not limited to, the general location of major
circulation elements, public and common open space, residential and
other land uses.
4,347(2) (f) Number of Units A statement of the estimated total number of
dwelling and/or other units proposed for the PUD and a tabulation of
the proposed approximate allocations of land use expressed in acres
Site Conditions Where deemed necessary by the City, graphic
reproductions of the existing site conditions at a'scale of not less than
one (1) inch equals one hundred (100) feet shall be submitted And
shall contain the following.
and as a percent of the total project area, which shall include at least
the following
i„ i4 7(2)(A (i) Area devoted to residential uses,
,l„ 47(2)s t) (ii Area devoted to residential use by building or structure or
use type.
4,347(2)(1) (iii) Area devoted to common open space,.:
4, i :2 ;i(1 ) (iv) Area devoted to public open space,
4 w31 4 7(2)� f) (v) Approximate area devoted to streets.
4,347(2)(t) (vi) Approximate area, and potential floor area, devoted to
commercial uses.
, , 7t i (If (vii) Approximate area, and potential floor area, devoted to
industrial or office uses:
4,347(2) (g) Staged Development When the PUD is to be constructed in stages
during a period of time extending beyond a single ';construction
season, a schedule for the development of such stages or units shall
be submitted stating the approximate beginning and completion date
for each such stage or unit and the proportion of the total PUD public
or common open space and dwelling units to be ' or
constructed during each such stage and the overall chronology of
development to be followed from stage to stage.
4 4 7 (2) (h) Common Areas When the proposed PUD includes provisions for
public or common open space or service facilities, a statement
describing the provision that is to be made for the care and
maintenance of such open space or service facilitie& If it is proposed
that such open space be owned and/or maintained by any entity either
than a governmental authority, copies of the proposed articles of
incorporation and by -laws of such entity shall be submitted during
the development stage:
4,34 2 "i (i) Covenants General intent of any restrictive covenants that are to be
recorded with respect to property included in the proposed PUD.
4 4 7 1) (j) Market Feasibility Where deemed necessary, a market feasibility
study including an analysis of the proposals economic impact on the
City.
4,34 7 (3) General Concept Plan Process
i,3 Mil (a) Developer attends application conference and ales application for a
PUD conditional use permit or PUD rezoning and platting if
property is unplatted concurrently with the sub nmission ofthe General
ConceptPlan. The application review shall follow the procedures of
Section 4.303 of this Code.:
4, 347(3) (b) The City Manager provides for staff and Planning; Commission
Committee review of the, proposal and sets a public hearing, after
published notice, before the Planning Commission,
4,1 7 ( 3) (e) Planning Commission shall bold a public hearing pursuant to mailed
and published notice.
4-3 (d) Planning Commission shall make a recommendation to the City
Council on the General Concept Plana
.3 t 7(3 ) (+e) City] Council reviews all recommendations and approves or denies
General Concept Plan as presented or amended.
4,347(4)
(4)
the public interest
@.347 (5)
4.348 Development Stage Plan
,3 (2)
Optional Submission of Development Sta g e, Plan In cases of single stage
Purpose The purpose of the Development Stage Plan is to provide one (1) or
3, 4 8 (3) Review and Action by City Staff and Plannigg T ommission Immediately
Development Stage submissions shall include but not be limited to:
4 3 (4) Development Stage Plan Review Criteria The evaluation of the proposed
Development Stage Plan shall include but not be limited to the following
criteria:
i,348 4) (a) Individual Rights Adequate property control is provided to protect
the individual owners' ;rights and property values and the public
.responsibility for maintenance and upkeep.
4,348(4) (b) Traffic Plan The interior circulation plan plus access from and onto
public rights -o&way does not create congestion or dangers and is
adequate for the safety ofthe project residents and the general public.
(c) CJpen Space A sufficient amount of useable open space is provided.
4,348(4) (d) Privacy and Property 'Values The arrangement of buildings
structures and accessory uses does not unreasonably disturb the
privacy or property values of the surrounding residential uses.
, "'13 4 8 ) (e) CgWat bility The architectural design of the project is compatible
with the surrounding area.
., 3 8 i ,� (t) Draina e. The drainage and utility system plans are submitted to the
City Engineer and the funal drainage and utility plans shall be subject
to their approval.
4,348(1 ) (g) Sound Development The development schedule insures a logical
development of the site which will protect the public interest and
conserve land.
4,3 i (4) (h) Platting Code The development is in compliance with the
requirements of the New Hope Subdivision Code.
3 i8 (4 Dtstrtct&Auirements Dwelling unit and accessory use requirements
are in compliance with the district provisions in which the
development is planned':
, 43 48(5) (S) Development Stage Submission information Development stage submissions
should depict and outline the proposed implementation General Concept
Stage for the PITD, information from the General Concept Stage may be
included for background and to provide a basis for the submitted plan, The
.,a (a) Zoning Required Zoning classification required for Development
Stage submission and any other public decisions necessary for
implementation of the proposed plan.
4,348 (5) (b) Preliminary Plat Twenty (20) sets of a preliminary plat, following
provisions of the Platting Section Chapter 13 of this Code, plus the
following:
4,348(5)(h) (i) Buildin s. The location, size, use and arrangement
including height in stories and feet and total square feet of
ground area coverage and floor area, orproposed buildings,
and existing buildings which will remain, if any.
°l. 3 4 (5) ( h) (H) Traffic Circulation Location, dimensions and number of all
driveways, entrances, curb arts, parking stalls, loading
spaces and access aisles, and all other circulation elements
including bike and pedestrian; and the total site coverage of
all circulation elements
41 48(5)(b) (iii) Common Areas Location, designation and total area of all
common open spaced
i, �i ( (i ` (iv)' Public C7raen trace Location, designation and total area
proposed to be conveyed or dedicated for public open
space, ;including harks, playgrounds, school sites and
recreational facilities,
,3 (5(0�( (v) Locate Existing Structures The location, use and size of
structures and other land uses on adjacent properties.
43•i (5)(W'( (vi) Landscaping Preliminary sketches of proposed
landscaping.
4,348(5) (vii) Drainage and Grading General grading and drainage plans
for the developed PUD
4,348()(b) (viii) Other Data Any other information that may have been
required by the Planning Commission in conjunction with
the approval of the General Concept Plan.
4348(5 (ix) Legal Descriptionw An accurate legal description of the
entire area within the PUD for which final development
plan approval is sought, correlated to the legal description
defining use districts in this Code.
, 8(5� (c) Areas of Use A tabulation indicating the approximate gross square
footage, if any, of comtnercial and industrial floor space by type of
activity (e.g. drug store, dry cleaning, supermarket).
4 3480 5) (d) ,Architectural Plans Preliminary architectural plans indicating use;
floor plan, elevations and exterior Nvall finishes of proposed
buildings, including mobile homes
4,348 �, (e) Landscaping Plan A detailed landscaping plan including the type,
size and quantity of all existing and proposed plantings,,
4,348(5) (f) Grading Plan Preliminary grading and site alterationplan
illustrating changes to existing topography and !natural site
vegetation. The Plan should clearly reflect the site treatment and its
conformance with the approved concept plan.
4,348p) () Final Plats A ' final plat in recordable form in accordance with
Chapter 13, the Platting Chapter of this Code.
1,348( -5) (l) Erosion Control A Soil Erosion Control Plan acceptable to
watershed districts and any other agency with review authority
clearly illustrating erosion control measures' to be used during
construction and as permanent measures.
4,348( 5) (i) Document Changes A statement summarizing all changes which
have been made in any document, ',plan data or information
previously submitted, together with revised copies of any such
document, plan or data.
4..348t,5)(j) Additional Data Such other and further information as the Planning
Commission, City Manager or Council shall find necessary to a full
consideration of the entire proposed PUD or any stage thereof
4,348(6) Process
4,348(6) (a) A 1pp i cation. Developer shall mare application for subdivision
approval under the Platting section of this Code; (first phase of PUD)
at least fifteen (15) days, prior to Planning Commission meeting, for
conditional use permits and rezoning, if required, and the
Development Stage of the plan is presented in writing to the City
Manager, for review negotiation of proposed changes at staff level,
and for forwarding to the Planning Commission for consideration at
a public hearing:
3,48 (6) () Public Hearing Planning Commission sets one (1) or more public
hearings, as required to establish jurisdiction over the various phases
of the plan.
4, 3 (c ) Planning Commission holds one (1) or more public hearings, which
may consider such individual or combined phases cif the PUD as may
be necessary or desirable, including General Concept Plan,
Development Stage Plan., Rezoning text or boundary amendments,
Conditional Use Permits and Prelumnary and Final Platting.
4,348(6) (d)
Within sixty (60) days of the public hearing, or such further time as
may be agreed to by the applicant, the Planning Commission shall
itself review said reports and plans and submit its written report and
recommendations to the Council and applicant, Such report shall
local codes. If the Planning Commission shall find substantial
conformity between such plans or that any lack of substantial
conformity merits approval and shall further find the Development
Stage Plan to be in all ether respects complete and in compliance
with this Code and other applicable federal, state and local codes it
shall make its recommendations to the City Council.
43 48(6) 8(t ) (e) Within thirty (30) days of receipt of the report and recommendation
of the Planning Commission, the Council may grant approval, return
the plan to the Planning Commission for further consideration of
specified items or deny approval of the plan, with written findings of
fact.
4,348i6 (
applicable.
4.349 Final Plane
4,349(l)
3.19 (2)
by written resolution setting forth its fmdings and conclusions in
support of its action. In all cases, a certified copy of the document
evidencing Council action shallbe promptly mailedto or servedupon
the applicant.
3.34 (3)
4,3._39 („3) (a) Recording Proof Certified copies establishing the recording of any
easement or other documents required b the City prior to the sale of
any land or dwelling unit included in the PUD and of the
establishment and actuation of any entity that is to be responsible for
the management and maintenance of any public or common open
space or service facility,
4-3 (b) Final Plans, Structures Final architectural working drawings at all
structures.
43 49 3 3 (c) Final Engineering Plans Final engineering plans and specifications
for streets, drainage, utilities and otherpubhc improvements, together
with a development contract providing for the installation of such
improvements and financial guarantees for the completion of such
improvements as provided in Chapter 13,
4 3 9(3 ) (d) Other Plans Any other plans, agreements, or specifications
necessary for the City staff to review the proposed construction. All
work must be in conformance with the Building Code of the City.
4 (s)
be integrated as a coherent statement of the entire Plan. Appropriate
cross - referencing and incorporation of recorded documents may be utilized.;
Final Plan Submission Information After approval of a General Concept Plan
documents shall be furnished to the City
4.35 ADMIERATION - SITE PLAN REVIEW
4.351 P=ose. To insure that the purposes of this Code are adhered to, it is hereby determined that a
4.352
,35 (1)
4,352(2)
t 3 5 2 (3)
4,352(4)
4,352(5)
Erection of a building or buildings.
Moving of a building or buildings to a location or locations within the City.
in the need for additional parking.,
4.353 Exceptions To Review The following shall be excepted from the foregoing requirements:
i,353 (1 ) New on -site construction of detached single or two family residential
structures, or uses or structures accessory thereto.
lr 3 53 (2) Modifications, additions, or enlargements which do not increase the gross
floor area of the building by more than twenty -five (25) percent and which do
4- (
i ;3 5 3 (4)
different intensity of use.:
4 53 (5)
4.354
43,54 (
4,354(2) Consistency with the purposes of this Code.j
4,354(3)
4, i.5 (4)
4,354(5) Creation of a functional and harmonious design for structures and site feature
including:
, 435 , 405) (a) Creation of an internal sense of order for the various functions and
buildings on the site and provision of a desirable environment for
occupants, visitors, and the general community.
4,354(5) (b) Appropriateness of the amount and arrangement of open space and
landscaping to the design and function of the development;
;i 354(5) (e)
4,354(6)
,3 4 (7)
Creation of a harmonious relationship of buildings and open spaces with the
Appropriateness of the materials, textures, colors, and details of
construction as an expression of the design concept ofthe project and
the compatibility of the same with the adjacent and neighboring
structures and functions.
Protection of adjacent and neighboring properties through reasonable
4.355
4,356
131 (1) Site Plan.
4- ) (a) Name and address of developerlowner„
4,356(1) (b) Name and address of architect/designer,
4.356(1) (c) Date of plan preparation.
4,356(l) (d) Dates and description of all revisions.
4.3 6 i (e) Name of project: or development.
, 3 56(i) (t) A scaled plan or, for commercial or industrial properties, a certificate
of survey, depicting the following,
43 6( i ( 1) (i) kale ofplan (engineering scale only, at one (1) inch equals
fifty (50) feet or less),
4,356(l)() (ii) North point indication.
4 1511(. )t 1) (iii) Lot dimension and area.
4 356(l )tt) (N) Required and proposed setbacks,
4,356( l (P) (v ) Location, setback and dimension of all buildings on the lot
including both existing and proposed structures.
,356(1 )` ) (vi) Location of all adjacent buildings located within one
hundred (100) feet ofthe exteriorboundaries ofthe property
in question.
l„ 6(1 )f 1) (vii) Location, number, dimensions, and setbacks ofexisting and
proposed parking spaces, including drive aisle width.
4,356(1)i i "i (viii) Location, number, and dimensions ofexisting and proposed
loading spaces.
4,3560 ;(f) (ix) Location, width, and setbacks of all curb cuts and
driveways.
4,356(1)(0 (x) Vehicular circulation..:
4356(1)(t') (xi) Sidewalks, walkways, trails.
4,356(1 UI) (A) Location and type ofall proposed lighting, including details
of all proposed fixtures.
4,3560)(f) (xiff) Location of recreational and service areas.
4,356(l)(f) (xiv) Location of rooftop equipment and proposed screening.
43 6(i) O(xv) Provisions for storage and disposal of waste, garbage, and
recyclables, including details for screening exterior
trash/recycling enclosures.
4,3560)(1)(xvi) Location, sizing, and type of water and sewer system mains
and proposed service connections.
4.356(2) Grading/Storm Water Drainage Plan.
4,356(2) (a) Existing contours at two (2) foot intervals.
4,356(2) (b) Proposed grade elevations, two (2) foot maximum intervals.
4356(2) Drainage plan including configuration of drainage areas and
calculations,
4,356(2') (d) Storm sewer, catch basins, invert elevations, type of castings, and
type of materials.
443 S6(2) (e) Spot elevations,
4,356(2) (f) Proposed driveway grades.
4,356(2) (9) Surface water ponding and treatment areas.
4,356(2) (h) Erosion control measures.
4-1 , 356 (3) Landscape Plan.
,1356(3) (a) Planting Schedule (table) containing:
4356(3)( 'O (i) Symbols,
4.356(3)fa) (H) Quantities.
4356(3)(a) (M) Common names.
4.356(3)(a) (iv) Botanical names.
4-3560)(a) (v) Sizes of plant material.
4,356(,3'IV)(,a) (vi) Root specification (bare root, balled and burlappeO, potted,
etc.)
4,356(3)(a) (vii) Special planting instructions.
4_356(3) (b) Location, type and size of all existing significant trees to be removed
or preserved.
4,356(3) (c) Planting detail (show all species to scale at normal mature crown
diameter or spread for local hardiness zone).
$356(3) (d) Typical sections with details of fences, tie walls, planter boxes, tot
lots, picnic areas, berms and the like.
4,356(3 i (e) Typical sections with details of landscape islands, planter beds, and
foundation plantings with identification of materials used.
4,356(_I)(1) Note indicating how disturbed soil areas will be restored through the
use of sodding, seeding, or rather techniques,
3..356(3 `) (g) Delineation of both sodded and seeded areas with respective areas in
square feet.
3.336( h3 ) (h) Coverage plan for underground irrigation system, if any.
4,356(33 (i) Where landscape or man -made materials are used to provide
screening from adjacent and neighboring properties, a cross - through
section shall be provided showing the perspective ofthe site from the
neighboring property at the property line elevation
4, 3 6(,3) {) Other existing or proposed conditions which could be expected to
affect landscaping.
3° 3 6 3) (k) Snow storage areas.
4,356 (4) Other Plans and Information. (May be submitted in combination pursuant to
approval by the Zoning Administrator):
4, 3 6(4) (a) Legal description of property under consideration;
4,1156(4) (b) Architectural elevations of all principal and accessory buildings
(type, color, and materials used in all external surfaces).
4,33156(4) (e) "Typical" floor plan and "typical" room plan drawn to scale with a
summary of square footage for each use or activity.:
4,356(4) (d) Fire Protection Plan.
4.356(4) (e) Extent of and any proposed modifications to land within the
Shoreland or Floodplain District, as described and regulated in
Sections 4,25 or 4.26 of this Code.
4. 56 (4) (f) Type, location and size (area and height) of all signs to be erected
upon the property in question.
4,3560) (g) Sound source control plan.
4, 3 6(4) (h) Snow storage or snow removal plans.
4.357 Plan Modifications i An amended site plan involving major changes, as defined by the Zoning
4.358
4.359
approval.
Minnesota State Buldin Code, The review and approval of site improvements pursuant to the
4.36 A DMISTRATIQN - VARIANCES
4.361
4.362
4.363
4 363 (I)
terms of this Code.
. 33 3 (2) The undue hardship is unique to the parcel or lot for which the variance is
being sought and is not generally applicable to ether properties within the
same zoning district.
4363 (3) The hardship or circumstances unique to the parcel or lot has not been created
by the landowner or any previous owner:
3 63 (4) Additional Criteria. The application for variance shall also meetthe following
criteria; ,
4-363t4) (a) It will not alter the essential character of the locality.
4,363(4) (4 ) (b) It will not impair an adequate supply of light and air to adjacent
property, or substantially increase the congestion ofthe public streets.
or increase the danger of fire, or endanger the public safety.
4,363(4) (c) It is the minimum action required to eliminate the hardship.
4,363(4) (d) It does not involve a use which is not allowed within the respective
zoning district.
4.364 Informational Requirements
4364 (1) A certificate of survey depicting the following:.:
4,36 3 (a) Lot dimensions and area.
4,1 - 164(l) (b) Location, setback and dimension of all buildings on the lot including
existing and proposed structures.
4,364(l) (c) The proposed variance.
4,. t (2) Narrative description of the requested variance and hardship unique to the
property:
THE REST OF THIS MATERIAL SHOWS THE SECTIONS THAT WERE COMPLETELY
DELETED FROM CHAPTER 4. ANY LANGUAGE ACTUALLY USED FROM ANY OF
THESE SECTIONS WAS REDLINED WITHIN THE FOREGOING SECTIONS:
4.039C(5)
4.039C(5) (a)
4.039C(5) (b)
4.039C(5) (c)
4.039C(5) (d)
4.039C(5) (e)
4.039C(5) (f)
4.039C(5) (g)
4.039C(5) (h)
4.041(2) (c)
4.041(2) (d)
4.041(3) (b)
4.052(7)
4.053(8)
4.054
4.054(1) (b)
4.054(1) (c)
4.05444
4.054(2) (c)
4.054(3) (a)
4.054(3) (b)
4.054(6) (d)
4.054(6) (e)
4.054(6) (h)
4.054(6) (i)
4.054(6) (k)
4.054(7)
4.054(7) (a)
4.054(7) (b)
4.054(7)(b) (i)
4.054(7)(b) (ii)
4.054(7)(b)(iii)
4.06
4.07
4.08
4.08A
4.09
4.10
4.11
4.13
4.14
4.15
4.16
4.17
4.18
4.19
4.20
4.21
4.22
4.23
4.24
4.25
4.26
4.27
4.28
4.28A
4.29
4.29A
4.30
4.31
4.32
4.33
4.34
4.35
4.36