Loading...
HomeMy WebLinkAboutPlanning Commission - 10/23/2023ANNOTATED AGENDA TO: Planning Commission Members FROM: Jeremy Barnhart, City Planner RE: Planning Commission Meeting for Monday, October 23, 2023 _______________________________________________________________________________ Monday, October 23, 2023 7:00 PM, COUNCIL CHAMBERS I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE- ROLL CALL III. APPROVAL OF AGENDA MOTION: Move to approve the agenda. IV. APPROVAL OF MINUTES A. PLANNING COMMISSION MEETING HELD MONDAY, OCTOBER 9, 2023. MOTION: Move to approve the Planning Commission minutes dated October 9, 2023. V. PUBLIC HEARINGS A. CODE AMENDMENT – CHAPTER 11 ZONING Request for: • Amend City Code Chapter 11 related to reformatting for clarity and other housekeeping items The amendment primarily reorganizes existing regulations to improve the functionality and usability of the Eden Prairie Zoning Code by breaking larger sections into smaller sections, adding tables to describe permissible uses in each zoning district. The amendment also removes the requirements that all development in the Town Center and Transit Oriented Districts occur with a Planned Unit Development process. Finally, the amendment repeals the regulation for medica cannabis to reflect state law changes. MOTION 1: Move to close the public hearing. MOTION 2: Move to recommend approval for the amendment to Chapter 11 as represented in the October 23, 2023 staff report. B. CODE AMENDMENT – SIGN CODE Request for: • Amend City Code Chapter 11 related to Sign regulations The amendment addresses a handful of housekeeping items including removing the prohibition of off-premise signs, updating sign area definition, clarifying addresses on signs, the “300’ rule”, and the number of signs permitted. These changes adjust the code to reflect City intent. ANNOTATED AGENDA October 23, 2023 Page 2 MOTION 1: Move to close the public hearing. MOTION 2: Move to recommend approval of Sign Code Amendment as represented in the October 23, 2023 staff report. VI. PLANNERS’ REPORT VII. MEMBERS’ REPORT VIII. ADJOURNMENT MOTION: Move to adjourn the Planning Commission meeting. AGENDA EDEN PRAIRIE PLANNING COMMISSION Monday, October 23, 2023 - 7:00 P.M. PLANNING COMMISSION MEMBERS: John Kirk, Andrew Pieper, Ed Farr, Carole Mette, Robert Taylor, Daniel Grote, Frank Sherwood, Charles Weber, Phou Sivilay STAFF MEMBERS: Jeremy Barnhart, City Planner; Carter Schulze, City Engineer; Matt Bourne, Manager of Parks and Natural Resources I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE -- ROLL CALL III. APPROVAL OF AGENDA IV. MINUTES A. Approval of the Planning Commission Meeting minutes dated October 9, 2023. V. PUBLIC HEARINGS A. CODE AMENDMENT – CHAPTER 11 ZONING Request for: • Amend City Code Chapter 11 related to reformatting for clarity and other housekeeping items B. CODE AMENDMENT – SIGN CODE Request for: • Amend City Code Chapter 11 related to Sign regulations VI. PLANNERS’ REPORT VII. MEMBERS’ REPORTS VIII. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, OCTOBER 9, 2023 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Frank Sherwood, Andrew Pieper, Ed Farr, Carole Mette, Robert Taylor, Dan Grote, Charles Weber; Phou Sivilay CITY STAFF: Jeremy Barnhart, City Planner; Carter Schulze, City Engineer; Matt Bourne, Parks & Natural Resources Manager; Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER Vice Chair Farr called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE – ROLL CALL Commission members Kirk, Pieper and Weber were absent. III. APPROVAL OF AGENDA MOTION: Grote moved, seconded by Taylor to approve the agenda. MOTION CARRIED 6-0. IV. MINUTES MOTION: Taylor moved, seconded by Mette to approve the minutes of August 28, 2023. MOTION CARRIED 6-0. V. PUBLIC HEARINGS A. MISTER CAR WASH (2023-03) Request for: • Planned Unit Development Concept Review on 1.23 acres • Planned Unit Development District Review with waivers on 1.23 acres • Site Plan Review on 1.23 acres Prabhs Matharoo, of the Mr. Car Wash development team, presented a PowerPoint and detailed the application. The development was located at Flying Cloud Drive, Prairie Center Drive, and Crystal View Road, and displayed a PLANNING COMMISSION MINUTES October 9, 2023 Page 2 rendering of the final development. He introduced his colleagues and gave an overview of Mr. Car Wash, which was the largest car wash operation in the United States. Matharoo explained the water conservation process developed by his team. He displayed the site location and overall plan at the former Burger King site. The waiver addressed the encroachment into the setback along Flying Cloud Drive and would improve circulation of automobiles on the site. In addition it would ease the backlog of the car service, which was currently at capacity. The trash and vacuuming enclosure would be moved closer to the building. The canopy was too large and would be brought into compliance with City ordinances with three smaller canopies covering the pay lanes. Pedestrian ramps would be added to maintain ADA compliance. The materials and elevations would be upgraded to adhere to City guidelines, allowing for 70 percent of the materials to be Class One. Brick was added and the point-of-sale canopy was divided into three canopies. Sivilay asked for and received confirmation this development was similar to the Mr. Car Wash in Brooklyn Park. Taylor asked for and received the square footage of the existing site (42,000 feet). Mette asked for and received confirmation the proposed canopies were smaller scale. Farr asked for and received confirmation the development would move from the existing site, which would be sold, to the new proposed location. Farr asked how many cars per minutes the business serviced. Luke Kittley, director of Midwest operations, explained the business could wash over 1,000 cars a day, or two cars per minute (120/hour). The current site was a right-hand turn, whereas the proposed site would be a gradual left-hand turn. Taylor asked if there were tanks under the existing site. Kittley replied there were, but they were 50 years old. The new site would increase conservation from 10 to 50 percent of the water. All processes were biodegradable, and no chemicals were used. Taylor asked the fate of the tanks on the current sites, and Kittley replied they could be either filled with concrete or removed. Farr asked for the stacking plan, which Matharoo provided. Farr stated the traffic study indicated car trips per hour for weekday and weekend peak times: the maximum, 114/ hour, was less than the total capacity supplied by Kittley. Up to four cars would wait in line, which agreed with the applicant’s numbers, so Farr did not see a need for two traffic lanes, and asked why the variance could not be avoided. Kittley replied an entire row of vacuums would be lost with that change. Farr suggested the vacuuming stalls be moved so that a 14-foot-wide lane was created. Matharoo replied the structural footings of the building were in the PLANNING COMMISSION MINUTES October 9, 2023 Page 3 setback, and the applicant did not want the vacuum stalls so close to Prairie Center Drive, which directed the current design as proposed. Mette asked if the trees slated for removal near Crystal Review could be saved. Matharoo offered to revisit the site plan and landscape design. Barnhart gave the staff report. There was a discrepancy with the waiver, with the narrative giving a 22-foot setback and the site plan giving a 25-foot setback, and this would be resolved between the applicant and staff. Staff did support the waiver for the principal structure rather than the auxiliary structure. Locating the building as shown provided additional screening of the internal working of the car wash site. The applicant was providing additional easement along Crystal View Road and Flying Cloud Drive to accommodate the existing encroaching sidewalk and trail. The building did exceed all minimum materials requirements, as did the vacuum building and the point-of-sale attendant building. The proposed canopies increased the massing on the current site. The canopy[y should be attached to the building according to the City’s standards. A small temporary canopy could be used when necessary. Staff recommended approval of the application, subject to the removal of the canopy. MOTION: Grote moved, seconded by Taylor to close the public hearing. Motion carried 6-0. Mette stated she did not have a concern regarding the canopies; however, the setback did not agree with other setbacks on the street in this area. This caused her some concern but she was satisfied with the design after hearing the explanation. Farr added he had shared this concern from the point of view of equitable retailer visibility but understood the justification for it after visiting the site and seeing it in three dimensions. However he urged the commission to continue to consider setback consistency. Mette agreed this unique location elevation was a caveat to approving this waiver. Farr asked the reasons for the canopies. Kittley stated there were many reasons for them, including snowfall and employee comfort. The peak season was in the winter going toward spring, which also required the heated and air conditioned kiosk. The canopies’ size would be similar other canopies used by Mr. Car Wash, though they were swing arches and these would be flat. Farr asked for and received confirmation staff preferred no canopies, but the motion tonight would be with the understanding that canopies would also be approved. Taylor asked if the canopies had any branding. Matharoo replied the color with “UWC” (unlimited car wash) would signal the Mr. Car Wash brand. Grote stated he had a monthly pass, and asked what percent of members never interacted with staff. Kittley replied it was roughly 75 to 80 percent. One lane would handle retail customers, and the other two for touch-free members. Farr asked how these land PLANNING COMMISSION MINUTES October 9, 2023 Page 4 assignments would be communicated without the canopies, and Kittley replied it would be difficult, and would require a redesign. Matharoo added all the existing sites had canopies which also functioned as very large signs. He foresaw a circulation issue without the canopies. Farr asked for the signage limits when this applicant requested a sign permit. Barnhart replied wall signage and free-standing signs were possible as well as incidental signs. There was a lot of signage allowed in a commercial district, though he would have to retrieve the dimensions. Staff did review the incidental signage requirements, and directional signage or clearance markers could be alternatives. Taylor stated he would be more concerned if the vacuum lanes were adding canopies, but he was not concerned with the existing design. He noted the greater conservation of water was a plus. He asked if there was a detailing section, and Kittley replied there would not be. Farr stated he was satisfied with the architecture and materials, and was pleased with the counterclockwise circulation. Farr reiterated a motion for approval was a motion for approval of the three small canopies, and eliminating them required specific inserted language. Grote and Sherwood expressed satisfaction with the canopies as well. Farr stated the intention of the Zoning Code was to avoid clutter and found the trees could mitigate this. MOTION: Sherwood moved, seconded by Mette to recommend approval of a Planned Unit Development Concept Review on 1.23 acres; Planned Unit Development District Review with waivers on 1.23 acres; and Site Plan Review on 1.23 acres as represented in the October 9, 2023 staff report, as represented in the plans dated September 6, 2023 in the staff report. Motion carried 6-0. PLANNERS’ REPORT Jennifer Fierce gave the Building Sustainability Update. The Sustainable Building Standard established minimum sustainability criteria that went beyond existing state code for new construction or significantly renovated developments and were triggered by funding or land use incentives. This was also known as green building policies or green building standards. Eden Prairie had a goal of overall community-wide carbon neutrality by 2050. Subgoals were: five percent of new construction would be net zero by 2030, 80 percent by 2040, 100 percent by 2050. Five percent of the electricity load would be met with on-site solar by 2025, 10 percent by 2030. Thirty percent of passenger vehicles would be EV by 2030, 50 percent by 2040, and 100 percent by 2050. She displayed a graph of planned emissions reduction by strategy (residential efficiency, fuel switching, et cetera) and a list of cities with a similar standard PLANNING COMMISSION MINUTES October 9, 2023 Page 5 (Duluth, Edina, St. Louis Park, Northfield, Rochester, Maplewood, and St. Paul). There were city-specific requirements, community rating systems, and the Minnesota state building code. Partnering with third parties contributed to this standard. She explained the involvement and expertise of third-party partners and their rating systems. Fierce displayed the average upfront cost for LEED (Leadership in Energy and Environmental Design) Certified Projects in the project tiers (certified, silver, gold, platinum). She explained the costs for commercial and multifamily buildings. A city-specific requirement would apply to a project triggered by funding or land use incentives regardless of the rating system selected. They were established to ensure city sustainability priorities were met, and each city would determine a verification method. Eden Prairie was asking for predicted greenhouse gas emissions, built in in EV charging capacity, and built in solar energy capacity (EV capable, EV ready, or EV installed). She explained the different standards of EV capability depending on land use. Mette asked if townhomes were considered to be multi-family dwelling. Fierce replied they would have individual garage which would have individual EV capability. This contrasted with a multi-family unit with a shared parking ramp. Mette asked for and received confirmation that for a small commercial facility, one percent would be rounded up to one stall minimum. An EV universal standard, which was a City-specific requirement in Eden Prairie, would help ensure EV charging across rating systems would be consistent, which was not currently the case. Solar energy capability would apply to roof layout and material, electrical conduit and the space for the meter. A five percent sourcing panel system would have a payback of 15 years. A solar universal standard was needed as solar requirements across rating systems were not consistent. This standard would be triggered by any new construction of 2,000 square feet or more requesting a financial and land use incentive or any major addition over 10,000 square feet requesting the same. The standard would not apply to any other projects. Fierce displayed examples of these. Barnhart stated there would be some minor changes in the City Code Chapter 11 as a result of this standard which the commission would review in the future. Mette asked if a setback such as requested tonight would trigger the standard, and Barnhart replied it would. Grote noted these were aggressive goals and asked how many would be modified. Fierce replied Eden Prairie could closely match its stated EV goals. The City Council had adopted this standard on September 19 and it would take effect January 1, 2024. This was a City policy, not encoded into the Zoning Code. PLANNING COMMISSION MINUTES October 9, 2023 Page 6 Discussion followed on the cases in which this standard could and could not be required. Fierce stated in cases this standard could not be required, staff would continue to ask developers to incorporate these improvements. Mette agreed this was a very aggressive policy, adding costs to development, requiring consultant teams, et cetera. She asked how this standard compared to those in the other cities listed. Fierce displayed a comparison slide showing Eden Prairie to be basically comparable with other cities’ efforts. Mette noted this standard set a high bar, and stated she had some concerns about that. Farr agreed this was an ambitious standard since the application approved tonight would fall under its purview. Fierce stated affected developers could request modification or removal of the standard, which would be voted on by the City Council. Discussion followed on the possible effects upon non-incentivized affordable housing development. Farr commended the standard however, for its sustainable goals. Farr asked what would happen if a developer tried and failed to meet the standard, and Fierce stated she did not have a specific answer on this hypothetical situation, but there could be a financial penalty, decided by the City Council on a case-by-case basis. Farr asked if and received confirmation the City fully funded consultant fees. He suggested an equivalency checklist as a tool. Fierce agreed. Farr thanked Fierce for her presentation. MEMBERS’ REPORTS VI. ADJOURNMENT MOTION: Taylor moved, seconded by Mette to adjourn. Motion carried 6-0. The meeting was adjourned at 8:22 p.m. STAFF REPORT TO: Planning Commission FROM: Ben Schneider, Planner I DATE: October 23, 2023 SUBJECT: Code Amendment – Chapter 11 Reformatting BACKGROUND The primary purpose of this code amendment is to reformat the City’s zoning code (City Code Chapter 11) to be more user friendly for residents, contractors, developers, and staff. This is proposed to be achieved by two main strategies: 1) rearranging existing provisions to separate code sections that are more intuitive for readers of Code to find and 2) creating a series of permitted use tables to add more clarity on what uses are permitted in each zoning district. There are also two (2) additional proposed changes in this amendment that fall outside the scope of simple reformatting. The first is a repeal of the City’s regulations regarding medical cannabis. With the recent cannabis law passed by the MN State legislature, these medical cannabis provisions are no longer applicable. The second is amending the Town Center (TC) and Transit Oriented Development (TOD) districts to not require all development proposals in these districts to apply for a Planned Unit Development (PUD). This is in response to the City’s Building Sustainability standards being triggered in part by PUD requests. The more ‘housekeeping’ changes are summarized below. SUMMARY – CHAPTER 11 REFORMATING Chapter 11 of City Code includes all the City’s zoning regulations, including permitted uses, lot standards (setbacks, building height, etc.), and performance standards related to parking, architecture, landscaping, and much more. The City has made several substantive changes to the zoning code in the past decade with the addition of new zoning districts, including TOD, TC, Mixed Use (MU), and Flex Service (FS). However, the formatting of older zoning district sections has largely been unchanged for decades. Revising the formatting across all zoning districts to be more consistent will make the zoning code more user friendly. Permitted Use Tables The current zoning code includes a list of permitted uses in each zoning district section. This amendment proposes to replace these use lists with centralized tables, sampled on the next page. In each table, there are listed P or C uses. P represents those uses as permitted in the applicable zoning district. C represents those uses as Conditional uses in the applicable zoning district. There are only two uses that are allowed by conditional use in Eden Prairie: adaptive reuse of historic sites, and telecommunication towers within the right of way within or adjacent to R-1 zoning districts. Staff believes that this change will add more clarity related to which uses are permitted in each zoning district. Staff Report – Code Amendment – Chapter 11 Reformat October 23, 2023 Page 2 2 Another factor that led to the proposed use tables is that if a specific use is listed in one zoning district but not another, that use is not permitted where not listed. An audit of the listed uses identified this issue for restaurants, hotels, and medical clinics. These uses were listed in TOD and TC but nowhere else. Therefore, restaurants, hotels, and medical clinics would only be permitted in the TOD and TC districts since it is not listed in any other zoning district. This is clearly not the intent of the ordinance, as these uses are appropriate in other zoning districts – including all the City’s Commercial districts. The City has a total of 29 zoning districts/sub districts. Since it would be difficult to navigate a table with 29 columns, staff is proposing to split this information into four separate tables; each with their own section in the zoning code. Separating the information into multiple tables is consistent with City Codes in neighboring communities with use tables, including Bloomington, Richfield, Minneapolis, and Saint Paul. Note that each zoning district section in code will include a reference and hyperlink to the appropriate use table. Use Type Zoning District Rural R1-44 R1-22 R1-13.5 R1-9.5 RM-6.5 RM-2.5 RESIDENTIAL Home Occupations, subject to City Code Section 11.65 P P P P P P P Multi-family dwellings and accessory structures P P Single Family detached dwellings and accessory structures P P P P P RURAL Agriculture, accessory and related uses P Commercial stables. P PUBLIC Adaptive Reuse of Heritage Preservation Site, subject to City Code Section 11.41 C Antennas and Towers, subject to City Code Section 11.39 P P P P P P P Public Infrastructure. P P P P P P P Publicly owned historical property/building P Staff Report – Code Amendment – Chapter 11 Reformat October 23, 2023 Page 3 3 Reorganizing Content in Section 11.03 Currently, City Code Section 11.03 includes an abundance of performance standards. Since these standards are all housed in one section, staff is unable to provide direct links to specific categories of regulations. Lumping all of these standards into one single section also makes the information generally harder to find. As a part of this amendment, most of the information in the existing Section 11.03 is being moved to different parts of the zoning code and in some cases titled to be more intuitive for users to find. New sections were created for landscaping, off-street parking, architectural standards, outside storage and display, and the site plan review process. The current Section 11.03 also has some provisions that are specific to certain zoning districts. This amendment moves these standards to the pertinent zoning district section. Reformatting Zoning District Sections In addition to rearranging the locations of various provisions, this amendment adds several cross references to other sections in the zoning code within each zoning district section. This includes references to landscaping, off-street parking, architecture, shoreland, and more standards. Additionally, this amendment removes the centralized setback/lot standard tables in Section 11.03 and provides individual setback/lot standard tables within each zoning district section. These changes will enhance the user experience of City Code. STAFF RECOMMENDATION Staff recommends approval of the Code Amendment reformatting Chapter 11 as provided. If viewing the word document, each of the section headings below has a drop down. To read the contents of a Section, click on the arrow that appears to the left of the Section Heading. LEGEND • Green Text identifies new language/sections that are not currently in code. In most cases, new language is not substantive. • Stricken Red Text identifies existing language that is proposed to be removed. In most cases, deleted language is not substantive. • Blue Text identifies Sections or provisions that exist in Code but are moved to a new section (e.g. some provisions in the current 11.03 are moved to specific zoning district sections) • Sections 11.04 through 11.07 below include permitted use tables. P’s with brown text identify situations where a use that previously was not listed as permitted is now a listed use in that zoning district. These changes are not substantive and reflect how the zoning code is already administered. For example, “restaurants and food service” is not currently a listed use in Commercial districts. The use table in Section 11.06 now lists a “P” under the C zoning districts for this use. Restaurants have always been permitted in Commercial districts. Section 11.01 Objectives (unchanged) This Chapter is adopted to protect and to promote the public health, safety, peace, comfort, convenience, prosperity, and general welfare, and specifically to achieve the following objectives: (1) To assist in the implementation of the City Comprehensive Guide Plan as amended; (2) To foster a harmonious, convenient workable relationship among land uses; (3) To promote the stability of existing land uses that conform with the Guide Plan and to protect them from inharmonious influences and harmful intrusions; (4) To insure that public and private lands ultimately are used for the purposes which are most appropriate and most beneficial from the standpoint of the City as a whole; (5) To prevent excessive population densities and over-crowding of the land with structures; (6) To promote a safe, effective traffic circulation system; (7) To foster the provision of adequate off-street parking and off-street truck loading facilities; (8) To facilitate the appropriate location of community facilities and institutions; (9) To provide human and physical resources of sufficient quantity and quality to sustain needed public services and facilities; (10) To protect and enhance real property values; and (11) To safeguard and enhance the appearance of the City, including natural amenities of hills, woods, lakes, and ponds. Section 11.02 Definitions (ONE MINOR CHANGE) For the purpose of this chapter, the following terms shall have the meanings stated: (Source: City Code, 9-17-1982) Accessory Structure means a detached structure, building or facility, which is located on the same lot as the main building and the use of which is clearly incidental to the use of the main building. Such accessory structures shall include but not be limited to pools, tennis courts, water oriented accessory structures, sculptures and statuary etc. (Source: Ordinance No. 20-2013, 12-12-2013; Ordinance No. 16-96, 4-26-1996) Accessory Use means a subordinate use which is clearly and customarily incidental to the principal use of a building or premises and which is located on the same lot as the principal building or lot. Active Solar Energy System is a system whose primary purpose is to harvest energy by transforming solar energy into another form of energy, or transferring heat from a collector, to another medium using mechanical, electrical, or chemical means. (Source: Ordinance No. 15-2019, 7-25-2019) Aeronautical Uses and Aeronautical Development Project means any airfield project, hangar project, FBO development project, FBO facility development project, airport roads or fencing, or other facilities or improvements at the Flying Cloud Airport that involve or are directly related to the operation of aircraft, including activities that make the operation of aircraft possible and safe, or that are directly and substantially related to the movement of passengers, baggage, mail and cargo. (Source: Ordinance No. 3-2013, 1-17-2013) Agriculture means the cultivation of the soil and all activities incident thereto, except that said term shall not include the raising and feeding of hogs, sheep, goats, cattle, poultry, and fur bearing animals and shall not include riding academies, commercial stables or kennels. (Source: City Code, 9-17-1982) Antenna means any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, and satellite dishes, and omni-directional antennas, such as whip antennas. (Source: Ordinance No. 27-97, 6-13-1997) Architectural Precast means a panel with a concrete backing with a veneer of brick, natural stone, or cast stone. (Source: Ordinance No. 7-2011, 5-26-2011) Automotive Repair Services—Major means those services, where the primary use involves; engine rebuilding or major assembling and reconditioning of worn or damaged motor vehicles or trailers; collision service including body, frame, or fender straightening or repair; overall painting; and any activity defined as "automotive repair- minor. (Source: Ordinance No. 26-2016, 11-24-2016) Automotive Repair Services—Minor means those services, where the primary use involves; incidental repairs, replacement of parts such as tires, brakes, transmissions, mufflers, exhaust systems, and batteries; tire sales; and lubrication; filter replacement; oil change and other similar services; but shall not include any other operation specified under "automotive repair-major." (Source: Ordinance No. 26-2016, 11-24-2016) Base Area means the "Base Area" of a building or buildings shall be the sum of the gross horizontal areas of the first floor of such building or buildings measured from the exterior faces of the exterior walls or from the centerline of party walls separating two (2) buildings. In particular, "Base Area" shall include: a. Elevator shafts and stairwells on the first floor. b. Floor space used for mechanical equipment where the structural headroom exceeds seven and one- half (7½) feet, except equipment, open or closed locked on the roof, i.e., bulkheads, water tanks and cooling towers. c. Forty percent (40%) of the porch when the porch is completely enclosed. Base area ratio means the ratio of total base area to total lot area. (Source: Ordinance No. 9-87, 5-7-1987) Brewer taproom is a brewer licensed under [Minnesota Statutes] Section 340A.301, Subdivision 6, clause (c), (1), or (j) who also holds a retail license to sell on-sale malt liquor produced by the brewer for consumption on the premises of or adjacent to a brewery location owned by the brewer. (Source: Ordinance No. 6-2018, 5-10-2018) Buffer means the use of land, topography (difference in elevation), space, fences or landscape plantings to screen or partially screen a tract or property from another tract or property and thus reduce undesirable influences such as: sight, noise, dust, and other external effects which a land use may have upon other adjacent or nearby land uses. Building means any structure for the shelter, support or enclosure of persons, animals, chattels or property of any kind, and when separated by party walls without openings, each portion of such building so separated shall be deemed a separate building. (Source: City Code, 9-17-1982) Building Height means the vertical distance from the grade plane to the highest point of the coping of the highest flat roof or to the deck line of the highest mansard roof or to the average height of the highest gable of a pitched or hipped roof. (Source: Ordinance No. 4-2017, 3-30-2017; Ordinance No. 18-90, 9-21-1990) Building Length means the length of a building as related to any property line is the length of that portion of the property line from which when viewed directly from above, lines drawn perpendicular to said line will intersect any wall of the building. (Source: City Code, 9-17-1982) Cast Stone means a precast concrete building stone similar in appearance and manufactured to simulate the texture, color, and appearance of natural cut stone. (Source: Ordinance No. 7-2011, 5-26-2011) Cocktail room is an establishment on the premises of or adjacent to one (1) distillery location owned by a distiller for the on-sale of distilled liquor produced by the distiller. (Source: Ordinance No. 6-2018, 5-10-2018) Commercial Kennel means a place where any number of dogs and/or cats of any age are kept, confined, or congregated for the purpose of selling, boarding, breeding, training, treating or grooming. A Commercial Kennel does not include a Private kennel as defined in City Code, Chapter 5, Section 5.60, Subdivision 2. (Source: Ordinance No. 27-2016, 11-24-2016) Community Center means a place or establishment designed as a gathering place for people from the community and surrounding communities that offers, as its primary purpose, civic, social, cultural, educational, public health, and recreational activities provided however the principal use of which is not a private school, public school, place of worship or day care as defined by City Code. (Source: Ordinance No. 12-2017, 8-17-2017) Conditional Use means a use which is not permissible in a zoning district but which may under certain circumstances and with the application of certain conditions be suitable. (Source: Ordinance No. 30-83, 7-22-1983) Corner Lot means a lot situated at the junction of and fronting on two (2) or more streets. Court means an open unoccupied space bounded on two (2) or more sides by the exterior walls of a building or buildings on the same lot. (Source: City Code, 9-17-1982) Cul-de-sac means a street closed on one (1) end, with one (1) point of entry, and a circular turnaround having a minimum radius of fifty (50) feet. (Source: Ordinance No. 15-85, 5-30-1985) Cultured Stone means a precast concrete veneer made to resemble natural cut stone in color, texture, and appearance. (Source: Ordinance No. 7-2011, 5-26-2011) Day Care Facility means any facility, public or private, which for gain or otherwise regularly provides one (1) or more persons with care, training, supervision, habilitation, rehabilitation, or development 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. (Source: Ordinance No. 13-2017, 8-17-2017) Depth of Lot means the mean horizontal distance between the mean front street and the mean rear lot line. The greater frontage of a corner lot is its depth and its lesser frontage is its width. Depth of Rear Yard means the mean horizontal distance between the rear line of the building and the rear lot line. District means a portion or portions of the City for which land use regulations under this chapter are the same. Dwelling means any building which is designed or used exclusively for residential purposes by one (1) or more people, not including hotels, motels, rest homes, hospitals or nursing homes. Dwelling, Multiple-Family means a building designed for or occupied by two (2) or more families. Dwelling, One or Single Family means a building designed for or occupied exclusively by one (1) family. Dwelling, Unit or Group means Residential accommodation including kitchen facilities, permanently installed, which are arranged, designed, used or intended for use exclusively as living quarters for one (1) family and not more than an aggregate of two (2) roomers or boarders. Family means one (1) or more persons related by blood, marriage or adoption, including foster children, or a group of not more than five (5) persons (excluding servants) some or all of whom are not related by blood, marriage, or adoption, living together and maintaining a common household but not including sororities, fraternities, or other similar organizations. Floor Area means the floor area of a building or buildings shall be the sum of the gross horizontal areas of the several floors of such building or buildings measured from the exterior faces of exterior walls or from the centerline of party walls separating two (2) buildings. In particular "floor area" shall include: a. Elevator shafts and stairwells at each floor. b. Floor space used for mechanical equipment where the structural headroom exceeds seven and one- half (7½) feet, except equipment, open or enclosed located on the roof, i.e., bulkheads, water tanks and cooling towers. c. Interior balconies and mezzanines. d. Forty percent (40%) of porch when the porch is completely enclosed. Floor Area Ratio means the ratio of total floor area to total lot area. Garage Sale means a sale of household or personal articles (including but not limited to furniture, tools, clothing, household appliances, books, sports equipment) held at the primary residence of the seller of the articles offered for sale or in the case of a multi-family sale at the primary residence of one (1) of the individuals owning the articles held for sale. (Source: Ordinance No. 9-2009, 10-15-2009) Grade Plane means a reference plane representing the average finished ground level adjoining the building at the exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the closest adjacent lot line or, where the closest adjacent lot line is more than six (6) feet from the building, between the building and a point six (6) feet from the building. (Source: Ordinance No. 4-2017, 3-30-2017) Gross Leasable Area means the total floor area within a building that may be rented to tenants excluding common areas and space devoted to the heating and cooling of the building and other utility areas. Ground mounted solar energy system is a freestanding active solar energy system mounted directly to the ground using a rack or pole. (Source: Ordinance No. 15-2019, 7-25-2019) Gymnasium A building or space within a building with a wall height of not less than 20 feet and providing facilities such as courts, turf fields, batting cages, gymnastics studios, swim schools and supporting uses for recreation and physical training. Uses including but not limited to fitness centers, martial arts studios, and dance studios are not considered gymnasium uses under this definition, but are considered commercial uses and are allowed consistent with retail uses in the Industrial Zoning Districts. (Source: Ordinance No. 5-2021 , 5-4-2021) Home Based Business means any occupation or service which is clearly secondary to the main use of the premises as a dwelling, and does not change the character thereof or have any exterior evidence of such secondary use. (Source: Ordinance No. 1-2009, 02-26-2009) Hotel. (See Motel/Hotel) Loading Facilities means a space accessible from a street, alley or way, in a building or on a lot, for the use of vehicles while loading or unloading merchandise or materials. Lot means one (1) unit of a recorded plat, subdivision or registered land survey, or a recorded parcel described by metes and bounds. Lot Area means the lot area is the land area within the lot lines. Lot, Depth means the mean horizontal distance between the mean front street and the mean rear lot line. The greater frontage of a corner lot is its depth and its lessor frontage is its width. Lot, Interior means a lot other than a corner lot. Lot Line means the line bounding a lot as defined herein. When a lot line abuts on a street, avenue, park or other public property, such line shall be known as a street line. Lot Line, Corner means a lot bounded by two (2) or more intersecting streets. Lot Line, Front means when a lot fronts on a public street, the street right-of-way shall be the front lot line. Lot Line, Rear means that boundary of a lot which is most distant from and is or is approximately parallel to the front lot line. If the rear lot line is less than ten (10) feet in length or if the lot forms a point at the rear, the rear lot line shall be deemed to be a line ten (10) feet in length within the lot, parallel to and at the maximum distance from the front lot line. Lot Line, Side means any boundary of a lot which is not a front or rear lot line. Lot, Through means an interior lot having frontage on two (2) streets. Lot, Width means the width of a lot is its own mean width measured at right angles to its mean depth. Microdistillery is a distillery operated within the state producing premium, distilled spirits in total quantity not to exceed 40,000 proof gallons in a calendar year, which distillery is licensed under Minnesota Statutes Chapter 340A. (Source: Ordinance No. 6-2018, 5-10-2018) Motel/hotel means a building or group of buildings used primarily for the temporary residence and supportive service of motorists or travelers. Non-Conforming Use means a non-conforming use is the lawful use or occupation of land or premises existing at the time of the adoption of a provision of the City Code which, upon the adoption of the provision, the use or occupation of the land or premises is not in conformity. (Source: Ordinance No.17-2005, 9-15-2005) Nursing Homes means a home for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders, which does not provide for hospital care. (Source: City Code, 9-17-1982) Outdoor Display Area Limits means the actual square footage under a tent or enclosed in any manner, plus any area obstructed from its intended use due to access by an outdoor display area or outdoor sales event. (Source: Ordinance No. 19-2022 , 10-13-2022) Parapet Wall means an architecturally, structurally and aesthetically integral wall extending above the roof level, continuously around the perimeter of the building which has the primary purpose of screening mechanical equipment. (Source: Ordinance No. 25-2016, 10-27-2016) Pawnshop as defined in City Code Section 5.71, Subdivision 2. (Source: Ordinance No. 22-2018, 12-13-2018) Places of Worship means a tax exempt institution that people regularly attend to participate in or hold religious services meetings, and other activities related to religious ceremonies. (Source: Ordinance No. 17-2005, 9-15-2005) Precast Concrete Panel means a panel made from a mix of cement, water, aggregate, and admixtures that is place in a form and cured. (Source: Ordinance No.7-2011, 5-26-2011) Private School means a school which is not owned or operated by a public entity, and which offers general primary and/or secondary educational instruction equivalent to grades K through 12. (Source: Ordinance No. 12-87, 3-17-1988) Public Infrastructure means infrastructure related to municipal utilities owned by any governmental unit including lift stations, well houses, water towers, sewer and water lines, manholes, storm sewer, street lights, stops signs and stop lights, bridges, trails, sidewalks, and infrastructure related to electric, gas, telephone and cablevision utilities lines, poles and boxes, but not including buildings except as specified above. (Source: 3-2010, 1-28-2010; City Code, 9-17-1982) Public Right-of-Way means as defined in Section 6.01. (Source: Ordinance No. 22-2017, 12-21-2017) Public School means (1) a school owned or operated by a public entity which offers general education instruction equivalent to K-12 or post-secondary education, or (2) a charter school organized under Minnesota Statutes Chapter 124E. (Source: 18-2016, 9-15-2016) Public Utility Structure means a structure or pole supporting wires for communication or transmission of data or electricity. (Source: Ordinance No. 27-97, 6-13-1997) Recreational Vehicle means any trailer, watercraft, snowmobile, pull camper, all terrain vehicle, motorhome, travel trailer or tent trailer, or other similar vehicle. A recreational vehicle upon a trailer shall constitute one (1) recreational vehicle. (Source: Ordinance No. 22-88, 4-27-1989) Related Boarding Facilities as used in Section 11.35, Subdivision 2.E 4 in this chapter means a structure which has as its sole function the boarding of students who are enrolled at a single private school, and which is located upon the same parcel of property as the private school for which is provided boarding. (Source: Ordinance No. 12-87, 3-17-1985) Restaurant Type 1 means a restaurant, often referred to as a fast food or deli-style restaurant, where customers stand to order and wait for food preparation or where food is pre-prepared and packaged to go. Restaurant Type 2 means a sit-down restaurant, often referred to as a family-style restaurant, with no liquor sales and where customers typically stay for an hour or less. Restaurant Type 3means a restaurant, often referred to as a bar or tavern, with a large bar or dancing area and amplified music used as entertainment; or a sit down restaurant, often referred to as a fine dining restaurant, where reservations are sometimes needed and the bar area is secondary to dining. (Source: Ordinance No. 22-2007, 9-13-2007) Right-of-Way Line means the dividing line between the lot and the street. Roof Mounted Solar System is an active solar energy system located on the roof of a building, back side of a parapet wall, or stage loft. (Source: Ordinance No. 15-2019, 7-25-2019) Sculptures and Statuary are three-dimensional works of art, as representations or abstract forms, created by sculpturing, modeling, carving, casting or welding. (Source: Ordinance No. 20-2013, 12-12-2013) Self-Storage Facility means a building or group of buildings designed and used for the leasing of compartmentalized individual storage space to tenants who have controlled and secure access for the sole purpose of storing personal property which is not held or offered for current or future sale. (Source: Ordinance No. 21-2017, 12-21-2017) Setback means the minimum horizontal distance between a building and the street or lot line. Sexually Oriented Business as defined in City Code Section 5.77. Shopping Center means a group of two or more retail, service, or other commercial establishments that is planned, developed, owned, or managed as a single entity having a gross floor area exceeding 200,000 square feet. Small Brewer is a brewer licensed under section [Minnesota Statutes] 340A.301, Subdivision 6, clause (c), (i), or (j) who also holds a retail license to sell off-sale malt liquor at its licensed premises which has been produced and packaged by the brewer. (Source: Ordinance No. 6-2018, 5-10-2018) Small Wireless Facility as defined in Section 6.01. (Source: Ordinance No. 22-2017, 12-21-2017) Stable, Private means a stable is any building located on a lot on which a residence is located, designed, arranged, used or intended to be used, for not more than four (4) horses for the private use of the residence, but shall not exceed six hundred (600) square feet in area. (Source: City Code, 9-17-1982) Stable, Commercial means a place where five (5) or more equines are kept for remuneration or hire. (Source: Ordinance No. 34-83, 8-26-1983) Story means that portion of building included between the surface of any floor and the surface of the floor next above; or if there is not floor above, the space between the floor and the ceiling next above. A basement shall be counted as a story and a cellar shall not be counted as a story. Story, Half means a portion of a building under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls, are not more than two (2) feet above the floor of such story. Street means a public thoroughfare for vehicular and pedestrian traffic. Street Line means the dividing line between the lot and the street. Structure means anything constructed or erected, the use of which requires location on the ground or attachment to something having a location on the ground. Structure, Alterations means any change in the supporting members of a building such as bearing walls, columns, beams or girders. (Source: City Code, 9-17-1982) Telecommunications mechanical equipment - Wireless equipment means equipment that is necessary for the operation of a tower for wireless services. (Source: Ordinance No. 22-2017, 12-21-2017; Ordinance No. 3-2014, 2-27-2014) Temporary Outdoor Sales Event means a sales event held out of doors, characterized by the short-term or seasonal nature of the event. (Source: Ordinance No. 19-2022 , 10-13-2022) Tower means any (a) ground or roof mounted pole, spire, structure, or combination thereof, taller than fifteen (15) feet, including supporting lines, cables, wires, braces and masts, on which is mounted an antenna, meteorological device, or similar apparatus above grade, or (b) ground or roof mounted antennas taller than fifteen (15) feet. Tower does not include a wireless support structure as defined in this section. (Source: Ordinance No. 22-2017, 12-21-2017; Ordinance No. 27-97, 6-13-1997) Usable Open Space. Land area and facilities specifically designated and developed for active or passive recreation, social activities, and leisure use that are accessible to and intended to serve the residents and visitors of the project. Examples of usable open space include, but are not limited to, spaces such as swimming pools, rooftop decks, seating areas, tot lots, sport courts, garden areas, outdoor cooking facilities, community rooms, fitness rooms, activity rooms, dining rooms, and similar spaces. Usable open space does not include balconies, decks, and patios; driveways; or parking areas designated for use by an individual dwelling unit. (Source: Ordinance No. 8-2021 , 7-13-2021) Use means the purpose for which land or premises or a building thereof is designated, arranged or intended, or for which it is or may be occupied or maintained. Use Classification means a group of similar uses that are associated with each other to such an extent that they perform a specific land use function. Use Principal means the main use of land or buildings as distinguished from a subordinate or accessory use. Variance means a modification or variation of the provisions of this chapter as applied to a specific piece of property, except that modification in the allowable uses within a district shall not be considered a variance. Wall Mounted Solar System is an active solar energy system located on the wall of a building. (Source: Ordinance No. 15-2019, 7-25-2019) Wireless Service as defined in Section 6.01. (Source: Ordinance No. 22-2017, 12-21-2017) Wireless Support Structure as defined in Section 6.01. (Source: Ordinance No. 22-2017, 12-21-2017) Yard means that portion of a lot not occupied by a structure. Yard, Depth of Rear means the mean horizontal distance between the rear line of the building and rear lot line. (Source: City Code, 9-17-1982) Yard, Front means a yard extending across the front of the lot between the side lines of the lot and lying between the front line of the lot and the nearest line of a building. (Source: Ordinance No. 1-90, 2-1-1990) Yard, Rear means an open space unoccupied except for accessory buildings on the same lot with a building between the rear lines of the building and the rear line of the lot, for the full width of the lot. (Source: Ordinance No. 9-87, 5-7-1987) Yard, Required means that portion of a side, front, or rear yard, nearest the designated lot line and having the width or depth required in the district in which located. Yard, Side means an open unoccupied space on the same lot with a building between the building and the side line of the lot, and extending from the front lot line to the rear of the back yard. Items renumbered: (Source: Ordinance No. 27-97, 6-13-97; Ordinance No. 20-2013, 12-12-2013) Definition section amended and renumbered: (Source: Ordinance No. 4-2017, 3-30-2017; Ordinance No. 3-2014, 2-27-2014; Ordinance No. 22-2007, 9-13-2007; Ordinance No. 18-90, 9-21-1990; Ordinance No. 1-90, 2-1-1990; Ordinance No. 22-88, 4-27- 1989, Ordinance No. 12-87, 3-17-1988; Ordinance No. 9-87, 5-7-1987; Ordinance No. 15-85, 5-30-1985; Ordinance No. 114-84, 11-1-1984; Ordinance No. 37-83, 9-30-1983; Ordinance No. 34-83, 8-26-1983) Section 11.03 Establishment of Districts, Special Requirements and Performance Standards A. The following Districts, with the abbreviations stated, are hereby established. (Some Districts are subdivided for the purpose of this chapter, in which case, only the abbreviations of such subdivisions may be shown.) District Title Abbreviation Rural District R One-Family Residential District R-1 R1-44 R1-22 R1-13.5 R1-9.5 Multi-Family Residential District RM RM-6.5 RM-2.5 Office District OFC Commercial District Neighborhood Commercial District Community Commercial District Regional Commercial District Regional Service District Highway Commercial District C N-Com C-Com C-Reg C-Reg-Ser C-Hwy Town Center District TC – Mixed Use TC – Residential TC – Commercial TC TC-MU TC-R TC-C Transit Oriented Development District TOD – Mixed Use TOD – Residential TOD – Employment TOD TOD-MU TOD-R TOD-E Mixed Use District MU Flex Service District FS Industrial District Industrial Park District Industrial Park District General Industrial District I I-2 I-5 I-Gen Public District PUB Golf Course GC Airport – Office A – OFC Airport – Commercial A – C Park and Open Space District P *THE REST OF EXISTING 11.03 CONTENT IS MOVED TO VARIOUS SECTIONS BELOW.* Section 11.04 Permitted Uses Table – Traditional Residential Districts A. Table Key. 1. P=Permitted Uses 2. C=Conditional Uses 3. A=Accessory Uses B. Additional Standards. The uses listed in the table below are further subject to zoning district standards in Sections 11.10 through 11.12 and other standards listed in this Chapter. C. Prohibited uses. Uses not associated with a letter in the zoning district column are prohibited uses in the respective zoning district. Uses not listed are prohibited in all zoning districts. D. Permitted Uses Table for Traditional Residential Districts. Use Type Zoning District Rural R1-44 R1-22 R1- 13.5 R1-9.5 RM- 6.5 RM- 2.5 RESIDENTIAL Home Occupations, subject to City Code Section 11.65 P P P P P P P Multi-family dwellings and accessory structures P P Single-Family detached dwellings and accessory structures P P P P P RURAL Agriculture, accessory and related uses P Commercial stables. P PUBLIC Adaptive Reuse of Heritage Preservation Site, subject to City Code Section 11.41 C Antennas and Towers, subject to City Code Section 11.39 P P P P P P P Public Infrastructure. P P P P P P P Publicly owned historical property/building P Section 11.05 Permitted Uses Table – Commercial and Industrial Districts A. Table Key. 1. P=Permitted Uses 2. C=Conditional Uses 3. A=Accessory Uses B. Additional Standards. The uses listed in the table below are further subject to zoning district standards in Sections 11.20 through 11.30 and other standards listed in this Chapter. C. Prohibited uses. Uses not associated with a letter in the zoning district column are prohibited uses in the respective zoning district. Uses not listed are prohibited in all zoning districts. D. Permitted Uses Table for Business Districts. Zoning District Office FS N- Com C- Com C- Reg C- Reg- Ser C- Hwy I- 2 I- 5 I- Gen A- OFC A- C COMMERCIAL Day Care Facility P P P P P P P P Gasoline/convenience stores P10 P9 P P P P P Hotels/Hospitality/lodging P10 P P P P Microdistillery P P P Microdistillery with Cocktail Room P P P P P P P P P P Pawnshops P Restaurants and Food Service P6 P10 P P P P P P8 P8 P8 p4 P Retail Sales and Services (Direct) conducted within structures and accessory uses P6 P10 P P P P P P8 P8 P8 p4 P Sexually Oriented Businesses P P Small Brewer P P P Small Brewer with Brewer Taproom P P P P P P P P P P OFFICE Business and professional offices and accessory uses P P12 P P P P P P7 P7 P7 P Medical and Dental Clinics P P12 P P P P P P7 P7 P7 P INDUSTRIAL Assembling, Compounding, Manufacturing, Packaging, Processing, Showroom, and/or Wholesale P P P P Automotive Repair Services - Major, when conducted exclusively in an enclosed building P P1 P1 P1 P1 P1 P P P Automotive Repair Services - Minor, when conducted exclusively in an enclosed building. P P P P P P P P P Commercial Kennel P P P Distribution P P P P Funeral Homes P P P P Gymnasium P P P P Live/work space such as artist lofts Self-Storage Facility P Warehousing P P P P PUBLIC Antennas and Towers, subject to City Code Section 11.39 P P P P P P P P P P P P Public Facilities and Services P Public Infrastructure P P P P P P P P P P P P Transit Facilities P RESIDENTIAL Home Occupations, subject to City Code Section 11.65 P9 P9 Multi-family dwellings and accessory structures P9 P9 1 Properties with frontage along a principal arterial street may utilize up to 100 percent of the building’s gross floor area for retail sales and services and restaurants; Properties without frontage along a principal arterial street may utilize up to 25 percent of the building’s gross floor area for retail sales and services and restaurants. 2Gasoline/convenience stores shall not be permitted in the Neighborhood Commercial (N-COM), provided, however, that gasoline/convenience stores in existence as of January 13th, 2022 shall remain, for all purposes, a permitted use under this chapter. 3Supporting commercial sales and services to office users within large office structures of one hundred thousand (100,000) square feet or more. The Commercial use is not to exceed fifteen percent, (15%), of the gross Floor Area Ratio. 4Commercial uses in Industrial Districts are limited to 15% of the gross floor area of a structure. 5Supporting commercial sales and services to office users within large office structures of thirty thousand (30,000) square feet or more. The Commercial use is not to exceed fifteen percent, (15%), of the gross Floor Area Ratio. 6Up to 15% of the building's gross floor area 7Office uses as permitted in the Office District shall be permitted in the Industrial District. Office use in the Industrial District shall in no event exceed fifty percent (50%) of the total floor area of the structure. Such office use shall comply with all of the requirements of this chapter. 8Must have been in existence as of November 1, 2016 9Only permitted if provided for within a PUD, within commercial buildings in the N-Com and C-Com Districts. Section 11.06 Permitted Uses Table – Mixed Use, Town Center, and Transit Oriented Development Districts A. Table Key. 1. P=Permitted Uses 2. C=Conditional Uses 3. A=Accessory Uses B. Additional Standards. The uses listed in the table below are further subject to zoning district standards in Sections 11.24 through 11.27 and other standards listed in this Chapter. C. Prohibited uses. Uses not associated with a letter in the zoning district column are prohibited uses in the respective zoning district. Uses not listed are prohibited in all zoning districts. D. Permitted Uses Table for Mixed Use, Town Center, and Transit Oriented Development Districts Use Type Zoning District MU TOD- MU TOD- R TOD- E TC- MU TC- R TC- C RESIDENTIAL Home Occupations, subject to City Code Section 11.65 P P1 P1 P2 P2 Multi-family dwellings and accessory structures P P1 P1 P2 P2 COMMERCIAL Day Care Facility P P1 P1 P1 P2 P2 Hotels/Hospitality/lodging P P1 P2 Microdistillery with Cocktail Room P Restaurants and Food Service P P1 P1 P1 P2 P2 Retail Sales and Services (Direct) conducted within structures and accessory uses P P1 P1 P1 P2 P2 Small Brewer with Brewer Taproom P OFFICE Business and professional offices and accessory uses P P1 P1 P1 A2 P2 Medical and Dental Clinics P P1 P1 P1 A2 P2 INDUSTRIAL Assembling, Compounding, Manufacturing, Packaging, Processing, Showroom, and/or Wholesale P1 Distribution P1 Live/work space such as artist lofts P1 PUBLIC Antennas and Towers, subject to City Code Section 11.39 A P1 P1 P1 P2 Parking ramps P1 P1 P1 Parks P1 P1 P1 P2 P2 P2 Public Facilities and Services P1 P1 Public Infrastructure. P P1 P1 P1 P2 P2 P2 Transit Facilities P1 P1 P1 P2 P2 Transit parking P1 P1 P1 1Refer to Section 11.26 for specific use standards for TOD Districts 2Refer to Section 11.27 for specific use standards for Town Center Districts Section 11.07 Permitted Uses Table – Special Districts A. Table Key. 1. P=Permitted Uses 2. C=Conditional Uses 3. A=Accessory Uses B. Additional Standards. The uses listed in the table below are further subject to zoning district standards in Sections 11.35 through 11.37 and other standards listed in this Chapter. C. Prohibited uses. Uses not associated with a letter in the zoning district column are prohibited uses in the respective zoning district. Uses not listed are prohibited in all zoning districts. D. Permitted Uses Table for Mixed Use, Town Center, and Transit Oriented Development Districts Use Type Zoning District Public GC Park and Open Space COMMERCIAL Day Care Facility A PUBLIC Adaptive Reuse of Heritage Preservation Site, subject to City Code Section 11.38 C Antennas and Towers, subject to City Code Section 11.39 P P P Cemeteries P Community Center P Drainage ways and flood plains approved by the Council P Golf Courses P1 Governmental offices in buildings of less than 6,000 SF P Parks P Places of Worship P Public Conservation Areas P Public Infrastructure. P P P Public Recreation P Public School and Private school P2 Publicly owned historical property/building P Recreation related structures and amenities that support the primary use of the site P 1This includes golf, golf holes, practice ranges and greens, tennis courts, club houses, swimming pools, maintenance and storage buildings, pump houses and wells, shelter houses, cart paths, irrigation facilities, croquet, lawn bowling, platform tennis, cross country skiing, snow shoeing, ice skating and other passive recreational activities with non-motorized use, provided however motorized golf carts are permitted. The term "golf course" does not include permanent or temporary residential use or transient hotel use. 2Related boarding facilities which have public sanitary sewer and water service are also permitted within the area described in Ordinance No. 12-87 Section 11.08 General Provisions for all Zoning Districts A. Lots which rear on a railroad or freeway shall have at least one hundred fifty (150) feet depth B. Where forty percent (40%) or more of a block is developed, the required setback shall be equal to or greater than the average of the principle structures on either side. C. Rear or side yard requirements for dissimilar abutting districts must meet the larger of the two requirements. D. Fences not over seven (7) feet in height may occupy any yard. No fence, hedge or other planting exceeding thirty (30) inches in height or trees pruned even to a height less than eight (8) feet shall be permitted where there will be interference with traffic sight distance. Fencing in the Park and Open Space District is exempt from these requirements. Fencing standards for the Park and Open Space District are set forth in Section 11.37. E. Except towers for wireless services, towers, spires, chimneys, water tanks, flagpoles, radio and TV antennas, transmission towers and other structures and necessary mechanical appurtenances covering not more than ten percent (10%) of the ground area may be erected to a height of not more than twenty-five (25) feet in addition to the maximum height permitted. F. Trash and Recycling. Implementation of a trash enclosure plan shall be required prior to issuance of any occupancy permit for a property located in zoning districts RM 2-5, OFC, I-2, I-5, I-Gen, FS, C-Com, N-Com, C-Reg, C-Reg-Ser, C-Hwy, TC, TOD-E, TOD-R, TOD-MU, PUB, GC, MU, A-C and A-OFC. This Section 11.03 Subdivision 3.M is applicable to applicable to all properties which have been issued a building permit for new construction after the effective date of the ordinance. 1. Trash and Recycling Enclosure: All recyclable waste shall be kept within a completely enclosed building or within a trash enclosure constructed with materials consistent with Architectural Standards 11.03, Subdivision 2.K.2 to match the building with a roof and solid wood or metal gates that completely screen the interior of the enclosure. 2. Trash and Recycling Location: All trash, trash receptacles and recycling bins shall meet the setbacks for the underlying zoning district. G. Sculptures and Statuary 1. Setbacks. In all zoning districts accessory structures must meet the required setbacks, except for the following: (a) The front yard setback for sculptures and statuary is ten (10) feet in the residential, office, industrial, golf course, airport and public districts. (b) The front yard setback for statuary and sculptures is twenty (20) feet in the commercial districts. 2. Height. In all zoning districts the maximum height allowed for sculptures and statuary is fifteen (15) feet. 3. One (1) sculpture or statuary per street frontage in the commercial, office, industrial, public, and airport zoning districts. H. Active Solar Energy Systems as Accessory Uses 1. Roof Mounted Systems and Wall Mounted Systems attached to a principal structure shall comply with all requirements relating to principal structures. 2. Ground Mounted Systems shall comply with all standards relating to accessory structures. I. Performance Standards. Uses which because of the nature of their operation are accompanied by an excess of noise, vibration, dust, dirt, smoke, odor, noxious gases, glare or wastes shall not be permitted. These standards shall be considered "excessive when they exceed or deviate from the limitations set forth in the following performance specifications: 1. Vibration. No activity or operation shall at any time cause earth vibrations perceptible beyond the limits of the immediate site on which the operation is located. 2. Dust and Dirt. Solid or liquid particles shall not be emitted at any point in concentrations exceeding 0.3 grains per cubic foot of the conveying gas or air. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of five hundred (500) degrees Fahrenheit and fifty percent (50%) excess air. 3. Smoke. Measurement shall be at the point of emission. The Ringelman Smoke Chart published by the United States Bureau of Mines shall be used for the measurement of smoke. Smoke not darker or more opaque than No. 1 of said chart may be emitted, provided that smoke not darker or more opaque than No. 2 of said chart may be emitted for periods not longer than four (4) minutes in any 30-minute period. These provisions, applicable to visible grey smoke, shall also apply to visible smoke of a different color but with an equivalent apparent opacity. 4. Odor. No activity or operation shall cause at any time the discharge of toxic, noxious, or odorous matter beyond the limited of the immediate site where it is located in such concentrations as to be detrimental to or endanger the public health, welfare, comfort or safety or cause injury to property or business. 5. Glare. Glare, whether direct or reflected, such as from spotlights or high temperature processes, and as differentiated from general illumination, shall not be visible beyond the limits of the immediate site from which it originates. Glare and Lighting illumination in the Park and Open Space District are exempted from these requirements. Glare and Lighting illumination standards for the Park and Open Space District are set forth in Section 11.37. 6. Performance Standards – Tests. In order to assure compliance with the performance standards set forth above, the Council may require the owner or operator of any permitted use to have made such investigations and tests as may be required to show adherence to the performance standards. Such investigation and tests as are required to be made shall be carried out by an independent testing organization as may be agreed upon by all parties concerned, or if there is failure to agree, by such independent testing organization as may be selected by the Council after thirty (30) days' notice. The costs incurred in having such investigations and tests conducted shall be shared equally by the owner or operator and the City, unless the investigation and tests disclose noncompliance with the performance standards, in which event the entire investigation or testing cost shall be paid by the owner or operator. 7. Tests by City. The procedure above stated shall not preclude the City from making any tests and investigations it finds appropriate to determine compliance with these performance standards. J. Lighting. The following lighting illumination standards apply to all districts except Park and Open Space: (a) Glare, whether direct or reflected, such as from spotlights or high temperature processes, and as differentiated from general illumination, must not be visible beyond the limits of the immediate site from which it originates. (b) Lighting illumination from the property may not exceed 0.5 foot candles measured at the property line. (c) Pole lighting height may not exceed 25 feet on a maximum three (3) foot base for a total maximum height of 28 feet, and the light source must have downcast shoe box lens. (d) Wall lighting placed on buildings must be positioned to cast light downward toward the ground, and the light source must include a shield directing light to the ground. Upward lighting on or projected onto building exteriors is subject to approval by the Council through Site Plan Review or the City Planner through Administrative Site Review if the criteria are met. (e) Bare incandescent, fluorescent, or LED lightbulbs are not permitted in locations where they can be viewed from adjacent property or public right-of-way with the exception of the area of the required setback on adjacent property. (f) For lighting non-horizontal surfaces, such as flag poles, landscaping, fountains, and art or statuary, luminaires must be located, aimed, and shielded so as to not project their beam onto adjacent properties, past the object being illuminated, or onto public right-of-way. The lighting must be fitted with devices such as shields, barn doors, baffles, louvers, skirts, or visors to minimize spill light and glare impacts. (g) All canopy lighting must be recessed lighting, flush mounted with the canopy ceiling, and have a flat glass lens, except decorative lighting under canopies at building entries. K. Limitation on Uses. Uses in each District established in this chapter shall be limited to those permitted uses authorized, and then only under the standards and conditions which are also stated herein. Section 11.10 R Rural District Subd. 1. Purposes. The purposes of the R-Rural District are to: A. Prevent premature urban development of certain lands which eventually will be appropriate for urban uses, until the installation of drainage works streets, utilities, and community facilities and the ability to objectively determine and project appropriate land use patterns makes orderly development possible; B. Permit the conduct of certain agricultural pursuits on land in the City; C. Ensure adequate light, air, and privacy for each dwelling unit, and to provide adequate separation between dwellings and facilities for housing animals. Subd. 2. Permitted Uses. Refer to the table in Section 11.04. Subd. 3. Building Bulk and Dimension Standards. A. The following minimum standards apply in the Rural district, unless otherwise noted: Standard Rural (R) Minimum Lot Size 10 acres Minimum Lot Width 300 ft. Minimum Lot Depth 300 ft. Front Yard Setback 50 ft Side Yard Setback One side 50 ft, both sides 150 ft Rear Yard Setback 50 ft Maximum Building Height 40 ft Maximum Floor Area Ratio N/A B. The following minimum standards apply for all accessory structures in the Rural district, unless otherwise noted: Standard Rural (R) Front Yard Setback 50 ft Side Yard Setback 30 ft Rear Yard Setback 30 ft Maximum Height 30 ft Subd. 4. Required Conditions A. The minimum lot size for parcels created prior to July 6, 1982 is 5 acres. B. In the Rural District, the minimum frontage on a street right-of-way is one hundred (100) feet C. The total ratio of the total square footage of all garages (attached and detached), and all accessory buildings to the total lot area shall not exceed 0.075. D. Lots in all Districts except the RM and Park and Open Space Districts shall be required to have frontage on a public street. Corner lots shall have additional width equal to the minimum interior side yard requirement and shall in no case be less than ninety (90) feet. E. Garage Sales shall comply with the following Conditions: 1. Garage sales may occur only on properties zoned Rural, R1 and RM that are improved with a dwelling unit or units erected and which have been issued a Certificate of Occupancy. 2. No more than four (4) garage sales may occur at a dwelling in a twelve (12) month period. 3. No sale shall exceed a period of four (4) consecutive days. 4. Garage sale signs must comply with Section 11.70 entitled sign regulations. Subd. 5. General Provisions. Refer to Section 11.08 for provisions that apply to all zoning districts. Subd. 6. Parking. Refer to Section 11.43 for parking standards. Subd. 7. Home Occupations. Refer to Section 11.65 for home occupation regulations. Subd. 8. Shoreland Management. Refer to Section 11.50 for shoreland management standards. Subd. 9. Wetlands. Refer to Section 11.51 for wetland protection standards. Subd. 10. Land Alteration, Tree Preservation, and Stormwater Management. Refer to Section 11.55 for regulations regarding land alteration, tree preservation, and stormwater management. Subd. 11. Sloped Ground Development and Regulations. Refer to Section 11.60 for sloped ground development regulations. Subd. 12. Floodplain. Refer to Section 11.45 for floodplain regulations. Subd. 13. Signs. Refer to Section 11.70 for sign regulations. Section 11.11 R-1 One-Family Residential Districts Subd. 1. Purposes. The purposes of the R-1 One Family Residential Districts are to: A. R1-44, reserve appropriately located areas for single family living on large lots where vegetation, slopes, water bodies or other significant natural features are best preserved through large lot development B. R1-22, R1-13.5, R1-9.5, reserve appropriately located areas for single family living at reasonable population densities consistent with sound standards of public health; C. Ensure adequate light, air, privacy and open space for each dwelling; D. minimize traffic congestion and avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the land around them; and, E. Protect residential properties from noise, illumination, unsightliness, odors, dust, dirt, smoke, vibration, heat, glare, and other objectionable influences. Subd. 2. Permitted Uses. Refer to the Table in Section 11.04. Subd. 3. Building Bulk and Dimension Standards. A. The following minimum standards apply in the R1 districts, unless otherwise noted: Standard R1-44 R1-22 R1-13.5 R1-9.5 Minimum Lot Size 44,000 sf 22,000 sf 13,500 sf 9,500 sf Minimum Lot Width 100 ft 90 ft 85 ft 70 ft Minimum Lot Depth 150 ft 125 ft 100 ft 100 ft Front Yard Setback 30 ft 30 ft 30 ft 30 ft Side Yard Setback 15 ft 15 ft One side 10 ft, both sides 25 ft One side 5 ft, both sides 15 ft Rear Yard Setback 30 ft 25 ft 20 ft 20 ft Maximum Building Height 40 ft 40 ft 40 ft 40 ft Maximum Floor Area Ratio N/A N/A N/A N/A B. The following minimum standards apply for all accessory structures in the Rural district, unless otherwise noted: Standard R1-44 R1-22 R1-13.5 R1-9.5 Front Yard Setback 30 ft 30 ft 30 ft 30 ft Side Yard Setback 10 ft 10 ft 10 ft 5 ft Rear Yard Setback 10 ft 10 ft 10 ft 5 ft Maximum Height 15 ft 15 ft 15 ft 15 ft Subd. 4. Required Conditions A. Unless otherwise noted, all single-family dwellings shall be connected to sanitary sewer and water service. B. In the R1-44 and R1-22 districts, sanitary sewer and water service shall not be required with respect to those lands which were situated within an R1-22 District on July 1, 1982 C. The edge of a driveway in the One Family Residential District shall not be closer than three (3) feet to a side lot line and shall not cross the extension of a property line to the curb line. D. In the R1-13.5 District, the maximum gross density is 2.5 units per acre. E. In the R1-9.5 District, the maximum gross density is 3.5 units per acre. F. In R1-13.5, R1-22 and R1-44 Districts, the minimum frontage on a cul de sac street right-of- way is eighty-five (85) feet, ninety (90) feet and one hundred (100) feet respectively, except for lots abutting entirely on the arc of the circular turnaround portion of the cul-de-sac, in which case the minimum frontage on a street right-of-way is fifty-five (55) feet. (Preliminary plats approved prior to the effective date of Ordinance No. 15-85 are exempt from these conditions.) G. In R1-9.5 Districts, the minimum frontage on a cul-de-sac street right-of-way is seventy (70) feet, except for lots abutting entirely on the arc of the circular turnaround portion of the cul- de-sac, in which case the minimum frontage on a street right-of-way is fifty-five (55) feet. (Preliminary plats approved prior to the effective date of Ordinance No. 15-85 are exempt from these conditions.) H. The total ratio of the total square footage of all garages (attached and detached), and all accessory buildings to the total lot area shall not exceed 0.075 in all R-1 Districts. I. Lots in all Districts except the RM and Park and Open Space Districts shall be required to have frontage on a public street. Corner lots shall have additional width equal to the minimum interior side yard requirement and shall in no case be less than ninety (90) feet. J. Garage Sales shall comply with the following Conditions: 1. Garage sales may occur only on properties zoned Rural, R1 and RM that are improved with a dwelling unit or units erected and which have been issued a Certificate of Occupancy. 2. No more than four (4) garage sales may occur at a dwelling in a twelve (12) month period. 3. No sale shall exceed a period of four (4) consecutive days. 4. Garage sale signs must comply with Section 11.70 entitled sign regulations. Subd. 5. General Provisions. Refer to Section 11.08 for provisions that apply to all zoning districts. Subd. 6. Home Occupations. Refer to Section 11.65 for home occupation regulations. Subd. 7. Parking. Refer to in Section 11.43 for parking standards. Subd. 8. Shoreland Management. Refer to Section 11.50 for shoreland management standards. Subd. 9. Wetlands. Refer to Section 11.51 for wetland protection standards. Subd. 10. Land Alteration, Tree Preservation, and Stormwater Management. Refer to Section 11.55 for regulations regarding land alteration, tree preservation, and stormwater management. Subd. 11. Sloped Ground Development and Regulations. Refer to Section 11.60 for sloped ground development regulations. Subd. 12. Signs. Refer to Section 11.70 for sign regulations. Subd. 13. Floodplain. Refer to Section 11.45 for floodplain regulations. Section 11.15 RM Multi-Family Residential Districts Subd. 1. Purposes. The purposes of the RM Multi-Family Residential District are to: A. Reserve approximately located areas for family living in a variety of types of dwellings at a reasonable range of population densities consistent with sound standards of public health and safety; B. Preserve as many as possible of the desirable characteristics of the one-family residential district while permitting higher population densities; C. Ensure adequate light, air, privacy, and open space for each dwelling unit; D. Provide space for semi-public facilities needed to complement urban residential areas and space for institutions that require a residential environment; E. Minimize traffic congestion and avoid the over-loading of utilities by preventing the construction of buildings of excessive size in relation to the land around them; F. Provide necessary space for off-street loading of trucks; and, G. Protect residential properties from noise, illumination, unsightliness, odors, dust, dirt, smoke, vibration, heat, glare, and other objectionable influences. Subd. 2. Permitted Uses. Refer to the table in Section 11.04. Subd. 3. Building Bulk and Dimension Standards. A. The following minimum standards apply in the RM districts, unless otherwise noted: Standard RM-6.5 RM-2.5 Minimum Lot Size 3,000 sf 25,000 sf Minimum Zone Area (Acreage/sf) 13,000 sf 25,000 sf Minimum Lot Width 24 ft 150 ft Minimum Lot Depth 100 ft 150 ft Front Yard Setback 30 ft 35 ft Side Yard Setback 10 ft 25 ft Rear Yard Setback 20 ft 30 ft Maximum Building Height 40 ft 45 ft Maximum Floor Area Ratio N/A N/A Usable Open Space Park ded plus 150 Sq ft/unit Park ded plus 150 Sq ft/unit B. The following minimum standards apply for all accessory structures in the RM districts, unless otherwise noted: Standard RM-6.5 RM-2.5 Front Yard Setback 30 ft 35 ft Side Yard Setback 10 ft 10 ft Rear Yard Setback 10 ft 10 ft Maximum Height 15 ft 15 ft Subd. 4. Required Conditions A. In the RM 6.5 District, the maximum gross density is 6.7 units per acre. B. In the RM 2.5 District, the maximum gross density is 17.4 units per acre. C. A minimum yard setback may be zero feet in RM Districts in any instance where a wall common to two (2) or more dwelling units is situated on a lot line. All other setbacks provided in the Chapter shall apply, except in those instances where only one (1) side yard setback may be zero feet, the other side yard setback shall be that required for "one side". D. In the RM 6.5 District, in the case of two (2) abutting lots on which are situated duplex living units, the minimum lot size is thirteen thousand (13,000) square feet. In the case of a duplex lot, the minimum lot size on which is situated one dwelling unit shall be no less than three thousand (3,000) square feet. E. Garage Sales shall comply with the following Conditions: 5. Garage sales may occur only on properties zoned Rural, R1 and RM that are improved with a dwelling unit or units erected and which have been issued a Certificate of Occupancy. 6. No more than four (4) garage sales may occur at a dwelling in a twelve (12) month period. 7. No sale shall exceed a period of four (4) consecutive days. 8. Garage sale signs must comply with Section 11.70 entitled sign regulations. Subd. 5. General Provisions. Refer to Section 11.08 for provisions that apply to all zoning districts. Subd. 6. Landscaping. Refer to Section 11.42 for landscaping requirements. Subd. 7. Parking. Refer to Section 11.43 for parking standards. Subd. 8. Architectural Standards. Refer to Section 11.46 for architectural standards. Subd. 9. Home Occupations. Refer to Section 11.65 for home occupation regulations. Subd. 10. Signs. Refer to Section 11.70 for sign regulations. Subd. 11. Shoreland Management. Refer to Section 11.50 for shoreland management standards. Subd. 12. Wetlands. Refer to Section 11.51 for wetland protection standards. Subd. 13. Land Alteration, Tree Preservation, and Stormwater Management. Refer to Section 11.55 for regulations regarding land alteration, tree preservation, and stormwater management. Subd. 14. Sloped Ground Development and Regulations. Refer to Section 11.60 for sloped ground development regulations. Subd. 15. Floodplain. Refer to Section 11.45 for floodplain regulations. Section 11.20 OFC Office District Subd. 1. Purposes. The purposes of the Office District are to: A. Provide opportunities for offices of a semi-commercial character to locate outside of commercial districts; B. Establish and maintain in portions of the City the high standards of site planning, architecture, and landscape design sought by many business and professional offices; C. Provide adequate space to meet the needs of modern offices, including off-street parking of automobiles and, where appropriate, off-street loading of trucks; D. Provide space for semi-public facilities and institutions appropriately may be located in office districts; E. Minimize traffic congestion and avoid the over-loading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them; and, F. Protect offices from the noise, disturbance, traffic hazards, safety hazards, and other objectionable influences incidental to certain commercial uses. Subd. 2. Permitted Uses. Refer to the table in Section 11.05. Subd. 3. Building Bulk and Dimension Standards. A. The following minimum standards apply in the Office district, unless otherwise noted: Standard Office (OFC) Minimum Lot Size 20,000 sf Minimum Lot Width 100 ft Minimum Lot Depth 100 ft Front Yard Setback 35 ft Side Yard Setback One side 20 ft, both sides 50 ft Rear Yard Setback 20 ft Maximum Building Height 30 ft Maximum Floor Area Ratio (FAR) N/A Maximum Base Area Ratio (BAR) 0.3 – 1 Story 0.5 – Multi Story B. The following minimum standards apply for all accessory structures in the Office district, unless otherwise noted: Standard Office (OFC) Front Yard Setback 35 ft Side Yard Setback 10 ft Rear Yard Setback 10 ft Maximum Height 15 ft Subd. 4. Required Conditions. A. All professional pursuits and businesses shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading area. B. Acceptable, approved sanitary sewer service must be provided to all occupied structures C. Zoning requests will be considered only on the basis of a Comprehensive Guide Plan for the entire area to be zoned and specific plans for initial structures and site development. D. Lots in all Districts except the RM and Park and Open Space Districts shall be required to have frontage on a public street. Corner lots shall have additional width equal to the minimum interior side yard requirement and shall in no case be less than ninety (90) feet. Subd. 4. Medical Cannabis *Entire Subdivision Deleted* Subd. 5. General Provisions. Refer to Section 11.08 for provisions that apply to all zoning districts. Subd. 6. Landscaping. Refer to Section 11.42 for landscaping requirements. Subd. 7. Parking. Refer to in Section 11.43 for parking standards. Subd. 8. Architectural Standards. Refer to Section 11.46 for architectural standards. Subd. 9. Signs. Refer to Section 11.70 for sign regulations. Subd. 10. Shoreland Management. Refer to Section 11.50 for shoreland management standards. Subd. 11. Wetlands. Refer to Section 11.51 for wetland protection standards. Subd. 12. Land Alteration, Tree Preservation, and Stormwater Management. Refer to Section 11.55 for regulations regarding land alteration, tree preservation, and stormwater management. Subd. 13. Sloped Ground Development and Regulations. Refer to Section 11.60 for sloped ground development regulations. Subd. 14. Floodplain. Refer to Section 11.45 for floodplain regulations. Section 11.23 FS Flex Service District Subd. 1. Purposes. The intent of the Flex Service (FS) Zoning District is to provide areas for a variety of compatible land uses outside of the Town Center and Transit Oriented Development districts that create a flexible industrial-commercial environment for the community. The purposes of the Flex Service Zoning District are to: A. Convert areas previously utilized as industrial office hybrid into places with a diverse and innovative mix of uses that are better situated in these areas than in other areas of the City; B. Provide alternative locations for businesses that meet auto service-oriented, indoor recreational and amusement, commercial, and light industrial needs that are inconsistent with the goals and visions of Town Center, TOD, and Industrial Flex Tech areas; C. Provide opportunities for adaptive reuse of properties that provide a mutually beneficial relationship to land use and community needs; D. Provide development opportunities that can be auto service-oriented as well as pedestrian accommodating and complement the scale of surrounding areas; E. Provide a mix of uses and a more efficient, compact, and connected development pattern; F. Guide future development to provide for and adapt to market and transportation demands; Subd. 2. Permitted Uses. Refer to the table in Section 11.05. Subd. 3. Setback and Bulk Regulations. A. The following minimum standards apply in the FS district, unless otherwise noted: Standard FS Lot Size 15,000 sq ft Lot Width 100 ft. min. Lot Depth 150 ft. min. Front Yard Setback 20 ft Side Yard Setback 10 ft, both sides 20 ft total Rear Yard Setback 15 ft Maximum Building Height 40 ft Maximum Floor Area Ratio 0.3 - 1 Story 0.5 - Multi story B. The following minimum standards apply for all accessory structures in the FS district, unless otherwise noted: Standard FS Front Yard Setback 20 feet Side Yard Setback 15 feet Rear Yard Setback 15 feet Maximum Height 40 feet Subd. 4. Required Conditions. A. Redevelopment shall be in substantial conformance with any special area study applicable to the property. B. Streetscaping must be incorporated to improve the aesthetics and provide cohesiveness. C. All permitted uses must be conducted within a building except for patio seating areas associated with taprooms, cocktail rooms, or other restaurant uses. D. Lots in all Districts except the RM and Park and Open Space Districts shall be required to have frontage on a public street. Corner lots shall have additional width equal to the minimum interior side yard requirement and shall in no case be less than ninety (90) feet. Subd. 5. Off-Street Parking Standards. A. All properties in the FS district must comply with the off-street parking dimensional and location requirements established in Section 11.43. The number of required parking stalls must either comply with parking requirements in Section 11.43 or comply with a parking plan approved through the following review process: 1. The City may approve a reduction of the number of required parking spaces in conjunction with a parking plan upon a finding that there are no negative impacts on traffic circulation and neighboring properties. This approval is not subject to the requirements or standards of either a variance or PUD review. As part of an approved parking plan, an agreement between the City and the property owner may be recorded against the property to ensure that additional parking will be provided should parking needs exceed the provided parking onsite. 2. The parking plan must include the following elements: a. At least five (5) off-street parking stalls provided for each property. b. A site plan showing all structures, parking stalls, drive aisles, and parking and structure setbacks. c. Existing and proposed impervious surface coverage. d. Parking lot calculations, including sizes of parking lot islands, percentage of property used for parking, etc. e. Snow storage areas and/or snow removal plan. f. Stormwater management and water resources. g. Garbage, recycling, and organics container locations. h. A list of building uses/users and the area(s) they will occupy in square feet. i. Operating hours of the uses/users, including peak demand j. Typical parking need of the uses/users based on performance at other locations, current site function, etc. k. Traffic and parking data for the proposed use(s) on the site from ITE or other professional transportation organization or licensed engineer. l. Any shared parking or cross-access easements or agreements recorded against the property. m. Other items as may be requested by City staff to provide a thorough review of the site. Subd. 6. Pedestrian and Off-Street Bicycle Facility Standards. A. Required public sidewalks and/or trails must be constructed in conformance with the Comprehensive Guide Plan and the City’s Pedestrian and Bicycle Plan. Design must conform to the requirements of the City Engineer and the City Parks and Recreation Director. B. An off-street sidewalk or multi-use trail must be provided that connects each front door of principal buildings to adjacent public sidewalks, trails, or other pedestrian areas that are either existing or contemplated in the Comprehensive Guide Plan, an approved City trail plan, or the City’s Capital Improvement Plan. C. Off-street bicycle parking must be provided at the following ratios: 1. Commercial and industrial uses – 1 space per 20,000 square feet of gross floor area 2. Office uses - 1 space per 15,000 square feet of gross floor area. 3. Public uses - 5 spaces D. Bicycle racks must be securely anchored to the ground and on a hard surface. Required bicycle parking may be seasonal. E. Shared Bicycle Parking. Shared off-street bicycle parking facilities may collectively provide bicycle parking for more than one structure or use upon the City’s approval of a shared parking plan and agreement. All development or redevelopment in the FS district must provide exterior pedestrian furniture in appropriate locations along public trails, sidewalks, and other public gathering areas adjacent to public rights-of-way at a minimum rate of one seat for every ten thousand (10,000) square feet of gross floor area. Subd. 7. General Provisions. Refer to Section 11.08 for provisions that apply to all zoning districts. Subd. 8. Landscaping. Refer to Section 11.42 for landscaping requirements. Subd. 9. Architectural Standards. Refer to Section 11.46 for architectural standards. Subd. 10. Signs. Refer to Section 11.70 for sign regulations. Subd. 11. Shoreland Management. Refer to Section 11.50 for shoreland management standards. Subd. 12. Wetlands. Refer to Section 11.51 for wetland protection standards. Subd. 13. Land Alteration, Tree Preservation, and Stormwater Management. Refer to Section 11.55 for regulations regarding land alteration, tree preservation, and stormwater management. Subd. 14. Sloped Ground Development and Regulations. Refer to Section 11.60 for sloped ground development regulations. Subd. 15. Floodplain. Refer to Section 11.45 for floodplain regulations. Section 11.24 MU Mixed Use District Subd. 1. Intent and Purposes. The intent of the Mixed Use (MU) Zoning District is to promote the reinvestment in and economic vitality of the major shopping center and surrounding areas by providing a mix of differing but compatible land uses in select areas of the community not eligible for the Transit Oriented Development (TOD) or Town Center (TC) zoning districts. The purposes of the MU zoning district are to: A. Provide a site at an appropriate location for a major shopping center which serves a wider region than the City itself consistent with the intent of the Comprehensive Plan. B. Provide concentrated opportunities for multi-family residential buildings, retail stores, offices, service establishments, and amusement establishments for the convenience of the public and in mutually beneficial relationship to each other; C. Ensure development occurs in accordance with high standards of cohesive site planning, architecture, and landscape design. D. Maximize connections between various land uses, including promoting mobility for pedestrians and bicycles. E. Provide adequate space to meet the needs of modern commercial development, including off- street and bicycle parking and truck loading areas; F. Provide opportunities for attached family living at a reasonable density consistent with sound standards of public health and safety. Subd 2. Design Guidelines. All new development, redevelopment, and subdivisions within the MU zoning district must comply with the architectural standards established in Section 11.46. Subd. 3. Use Classifications and Permitted Uses. The MU zoning district is intended to provide for a mix of use classifications. More than one use classification must be included within a development project area in the MU zoning district. The mix of uses may be found vertically (two uses within single building), or horizontally (two or more uses in separate buildings on the same or adjacent lots). The following use classifications are permitted in the MU zoning district. Within each use classification, permitted uses are listed below: Refer to the in Section 11.06 for permitted uses within these use classifications. A. Commercial Permitted Uses 1. Direct retail sales to users of goods and services conducted within structures and accessory uses. 2. Day care facility 3. Small brewer with brewer taproom 4. Microdistillery with cocktail room B. Office Permitted Uses 1. Business and professional offices 2. Medical and dental clinics C. Residential Permitted Uses 1. Multiple family attached dwellings Offices for the sole purpose of leasing on-site residential units are not considered an office use for the purpose of determining if a project is mixed use. D. Public Infrastructure Permitted Uses 1. Antennas and towers, in those locations and subject to the limitations contained in Section 11.06. Antennas and towers may not be a principal use. 2. Public infrastructure Subd. 4. Required Conditions A. An application to rezone property to MU will be considered only based on the Comprehensive Guide Plan for the entire area to be rezoned and specific plans for structures and site development or redevelopment. B. Proposals for development or redevelopment in the MU zoning district will be reviewed by the City as part of the Site Plan and Architectural Design Review processes outlined in Section 11.47 or as part of the PUD review process as provided in Section 11.40. C. To be considered a mixed-use project permitted in the MU district, the project must incorporate two or more use classifications, i.e., residential, commercial, or office. Proposals for development or redevelopment proposals in the MU zoning district must establish a cohesive site design through the use of complementary elements including but not limited to building materials, architectural style, landscaping, lighting fixtures, and signage. Proposals may include the incorporation of elements found in nearby mixed-use projects as a means of establishing a cohesive design. D. Acceptable, approved sanitary sewer, and water services must be provided to all occupied structures. E. Lots in all Districts except the RM and Park and Open Space Districts shall be required to have frontage on a public street. Corner lots shall have additional width equal to the minimum interior side yard requirement and shall in no case be less than ninety (90) feet. F. In the case of gasoline/convenience store the following criteria shall apply: a. All buildings and pump canopies should have peaked roofs and relate architecturally in scale, proportion, materials and detail, and color with the building. b. Pump canopies shall be connected with the primary store structure. Pump canopies shall be located behind the store and oriented away from adjoining residential areas. Canopy ceiling should be textured or have a flat finish. c. All site walls, screen walls and pump island canopies should be architecturally integrated with the building with similar materials, colors, and detailing. d. Average horizontal luminance at grade shall not exceed ten foot-candles, with individual lamps not to exceed two hundred fifty (250) watts. The fascias of the canopy should extend at least twelve (12) inches below the lens of the fixture to block the direct view of the light sources and lenses from property lines. Recessed non glare lighting shall be used under the canopy. Average horizontal luminance at grade at the property line shall not exceed 0.5 foot-candles. e. Service areas, storage areas and refuse enclosures shall be screened from public view, adjacent streets and residential areas f. A landscape buffer shall be required to provide screening from adjacent residential uses. G. Multi-family attached dwellings Offices for the sole purpose of leasing on-site residential units are not considered an office use for the purpose of determining if a project is mixed use. H. Any provision contained in this section that is inconsistent with or in conflict with any other provision of the City Code will supersede such other provisions. Subd. 5. Building Bulk and Dimension Standards. A. The following minimum standards apply in the MU district, unless otherwise noted: Standard MU Lot Size 10,000 sq ft Lot Width 80 ft. min. Lot Depth 100 ft. min. Front Yard Setback 25 ft Side Yard Setback 20 ft Rear Yard Setback 10 ft Maximum Building Height 60 ft Street Façade Building Step-back 8 ft min. (above 4 floors) Usable Outdoor Open Space 5% of lot area min. Usable Open Space Park Dedication plus 150 sq ft / residential unit Residential Density 40-75 Units/ acre Maximum Floor Area Ratio 0.5-1 Story 1.0-Multi story 2.0 Multi-story with Residential Maximum Base Area Ratio 0.5 B. The following minimum standards apply for all accessory structures in the MU district, unless otherwise noted. Standard MU Maximum Height 40 feet Min. Distance to Front lot line 25 feet Min. Distance to Side lot line 20 feet Min. Distance to Rear Lot Line 10 feet Subd. 6. Vehicular and Pedestrian Safety Standards. Development in the MU district will include vehicular and pedestrian transportation systems serving the development. Development or redevelopment proposals in the MU district must include design elements that prioritize safe and efficient vehicular and pedestrian mobility. Development or redevelopment proposals must incorporate site design that will accomplish the following: A. Minimize vehicular interaction with pedestrians and bicycles and where necessary as determined by the City, highlight this interaction through color, materials, and texture. B. Promote pedestrian visibility throughout the site. C. Drive-thrus are permitted only in compliance with the following standards: 1. Drive-thru stacking lanes must be screened as required by Section 11.42. 2. The site must accommodate adequate on-site vehicle queuing. Overflow stacking may not occur on public or private roads. Subd. 7. Off-Street Parking Standards. Because the sharing of trips generated within a development is a primary facet of mixed-use development, it is expected that access drives, parking, and internal circulation for sites in the MU district will be shared between uses on site and with adjacent sites. This shared access supports the lowering of parking requirements, reduction of parking lot setbacks, and coordination of site accesses. The following minimum parking standards apply to all properties in the MU district Use # of spaces (min) Multiple-Family Residential 2 per dwelling unit (d.u.); 1 per studio or efficiency unit Half of all spaces must be enclosed Independent Senior Living 1.5 per d.u. Half of all spaces must be enclosed Nursing Home/Assisted Senior Living 1/4 beds at design capacity, plus 1 space for each employee on largest shift. Half of all spaces must be enclosed Retail Stores & Services 4.5/1,000 sq. ft. of gross leasable area (G.L.A.) Shopping Center 4.25/ 1000 sq ft of G.L.A Restaurant, Type 1 Restaurant, Type 2 Restaurant, Type 3 1 / 2.5 seats based on capacity 1 / 3 seats based on capacity 1 / 2 seats based on capacity Office 3/1,000 sq. ft. G.F.A. Hotel 1/guest room + 1/employee Other Uses Refer to parking requirements in Section 11.43 or as designated by the City Manager. A. Location. Off-street parking facilities must be on the same parcel of land as the structure they are intended to serve, except where a shared parking or cross access easement agreement exists. B. Reduction. The on-site, off-street parking requirements for a project may be reduced up to 20% if the following standards can be met: 1. Parking spaces will be shared between two complimentary uses, subject to the following: a. The applicant must demonstrate that, because of the hours, size, and operation of the respective and future uses, there is no substantial conflict in the peak parking demands of the uses for which shared use of off-street parking facilities is proposed, and there will be an adequate amount of parking available to meet the needs for each use. b. A shared parking plan must be submitted that includes specific analysis on the peaking characteristics of the various and future uses that will share parking. c. Prior to the earlier of the City’s issuance of a building permit for the project or release of a final plat for the project, whichever occurs first, a shared parking, cross access easement, or similar agreement documenting the shared parking arrangement must be approved by the City Planner and filed against both properties with the County Recorder and/or Registrar of Titles’ office, as appropriate. The City shall be party to the agreement and no changes shall be made to the agreement unless all parties agree. C. Surface Parking Lot Setbacks. The following setbacks apply for surface parking lots in the MU district: 1. Front Yard: A surface parking lot may not occupy the required front yard. On a corner lot, a surface parking lot may not occupy more than one-half (½) of the required front yard closest to the street. 2. Side Yard: 10 feet 3. Rear yard: 10 feet 4. If two adjoining sites share parking, setbacks for common side and rear yards may be reduced to zero. D. Parking Structures. Parking structure façades must architecturally complement the building(s) the parking structure serves through the use of exterior materials, architectural elements, or color. Parking structures must include architectural elements that enhance the structure and break up its mass. Examples of specific architectural elements that assist in meeting this requirement include decorative piers and pilasters, banding, reveals, architectural accents, wall plane articulation, decorative artwork, ornamental grillwork, recessed window openings, façade treatment variations, and locating tenant signs on the side of parking ramps. Parking structures must be appropriately screened as required in Section 11.42. Subd. 8. Pedestrian and Off-Street Bicycle Facility Standards. A. Public sidewalks and/or trails must be constructed in conformance with the Comprehensive Guide Plan or the City Pedestrian and Bicycle Plan. Design must conform to the requirements of the City Engineer and the City Parks and Recreation Director. B. An off-street sidewalk or multi-use trail must be provided that connects the front door of any primary building to adjacent public sidewalks, trails, or other pedestrian areas that are either existing or contemplated in an approved City trail plan or the City’s Capital Improvement Plan. C. Bicycle Parking. A proposal for development or redevelopment in the MU district must incorporate the following Pedestrian and Off-Street Bicycle facilities: 1. Off-street bicycle parking must be provided at the following ratios for each use classification in a project: a. Office – minimum of 5 spaces, plus 1 space per 15,000 square feet of gross floor area b. Commercial – Commercial spaces with gross floor area less than 100,000 sq ft, 1 space per 10,000 square feet of gross floor area. Commercial spaces greater than 100,001 sq ft in gross floor area, 1 space per 20,000 sq ft. c. Residential – 1 space per 5 dwelling units. 2. Required bicycle parking must be located within 50 feet of the primary building entrance(s) except as approved through a shared bicycle plan. Bicycle parking may not obstruct sidewalks when in use. 3. Bicycle racks must be securely anchored to the ground and on a hard surface. Up to 25 percent of required bicycle parking may be temporary or seasonal, but all temporary or seasonal bicycle parking must be included within the Site Plan. 4. Covered spaces. If twenty (20) or more bicycle spaces are required, then at least fifty (50) percent of the required bicycle spaces must be covered. Coverage may be provided under roof overhangs or awnings, in bicycle lockers, in an indoor room, within adjacent parking structures, or within underground parking structures. 5. Shared Bicycle Parking. Shared off-street bicycle parking facilities may collectively provide bicycle parking for more than one structure or use upon the City’s approval of a shared parking plan and agreement. 6. Proof of Bicycle Parking. If the applicant demonstrates to the City’s satisfaction that the required bicycle parking is in excess of the actual demand, all of the required bicycle parking need not be constructed prior to the issuance of the initial certificate of occupancy for the building being served. Any spaces not constructed, as shown on the site plan, must be constructed when determined necessary by the City Planner. If outdoors, the area of future parking must be landscaped, which landscaping may not be used to satisfy minimum landscaping requirements. The City Planner will notify the property owner in writing of the need to construct the additional proof of bicycle parking spaces. No more than 50 percent of the required bicycle parking stalls may be placed in proof of bicycle parking. D. Exterior pedestrian furniture must be provided in appropriate locations at a minimum rate of one seat for every ten thousand (10,000) square feet of gross floor area. Subd. 9. Signage. A. Signage in the form of free standing and incidental signs, wall lighting, or other features can be a compelling proponent in the development of a cohesive mixed use project. Signage proposed for any development or redevelopment in the MU zoning district must be included in a Sign Master Plan. Signage must comply with standards outlined in Section 11.70. B. The Sign Master Plan must identify location, size, design, lighting, and other pertinent features of the unified signage proposed for the site. The City Planner will determine the level of review required for the Sign Master Plan in accordance with the Site Plan and Architectural Design Review process outlined in Section 11.46. Subd. 10. Supplemental Analyses or Studies. A. Traffic. All proposed development or redevelopment projects, regardless of size, in the MU district require documentation of the expected traffic impacts of the development. The appropriate scope of the traffic analysis will be determined by the City Engineer based on several factors including the size, type, and location of the development. The required analysis may range from a trip generation memo including daily, a.m. peak, and p.m. peak traffic generation estimates to a traffic impact study including but not limited to turning movement counts, roadway capacity analysis, and infrastructure improvement recommendations. B. Transportation Demand Management (TDM) for Office Uses. All development or redevelopment proposals that include office uses will be reviewed by the Engineering Division for applicable TDM requirements, which may include submittal of a TDM Plan or commitment of the property owner or developer to implement chosen TDM strategies from a City-approved checklist. TDM Plan requirements include measures to be implemented, a two-year budget, and an evaluation plan. TDM strategies that must be considered in the TDM plan include, but are not limited to, financial incentives for car poolers, van poolers, and bicyclists, subsidized transit passes, preferential location of carpool/vanpool parking, bicycle racks and storage, access to shower and lockers, and promotion of commuter programs. As a condition of approval of a TDM Plan, a TDM cash escrow, letter of credit with a corporation approved by the City Manager, or other guarantee acceptable to the City Manager equal to one hundred percent (100%) of the cost of implementing the first two (2) years of the TDM Plan will be required. All new residential development or redevelopment are encouraged to consider TDM strategies such as bikeshare and carshare memberships, subsidized transit passes, and an information kiosk onsite. C. Major Center Area. All applications for rezoning or development or redevelopment for property located in the Major Center Area are subject to the standards and findings of the City’s Major Center Area Plan. D. Staff Exemption. The City Engineer or City Planner are authorized to exempt or otherwise reduce the requirement for supplemental analyses outlined in Items A-C above if they determine that the scope of the proposed project will not increase traffic, trips, or parking demand in a demonstrable way. Subd. 11. General Provisions. Refer to Section 11.08 for provisions that apply to all zoning districts. Subd. 12. Landscaping. Refer to Section 11.42 for landscaping requirements. Subd. 13. Shoreland Management. Refer to Section 11.50 for shoreland management standards. Subd. 14. Wetlands. Refer to Section 11.51 for wetland protection standards. Subd. 15. Land Alteration, Tree Preservation, and Stormwater Management. Refer to Section 11.55 for regulations regarding land alteration, tree preservation, and stormwater management. Subd. 16. Sloped Ground Development and Regulations. Refer to Section 11.60 for sloped ground development regulations. Subd. 17. Floodplain. Refer to Section 11.45 for floodplain regulations. Section 11.25 C Commercial Districts Subd. 1. Purposes. A. The general purposes of the C-Commercial District are to: 1. Provide appropriately located areas for retail stores, offices, service establishments, and amusement establishments; 2. Provide opportunities for retail stores, offices, service establishments, and amusement establishments, to concentrate for the convenience of the public and in mutually beneficial relationship to each other; 3. Provide space for community facilities and institutions that appropriately may be located in commercial areas; 4. Provide adequate space to meet the needs of modern commercial development, including off-street parking and truck loading areas; 5. Minimize traffic congestion and avoid the over-loading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them; and, 6. Protect commercial properties from noise, odor, dust, dirt, smoke, vibration, heat, glare, traffic, fire, explosion, noxious fumes, and other hazards. B. Special purposes of the N-Com Neighborhood Commercial District are to: 1. To provide appropriately located areas for retail stores, offices, and personal service establishments patronized by residents of the immediate neighborhood area. 2. To permit development of neighborhood shops and related office uses, which can be accommodated in less than fifty thousand (50,000) square feet of retail area, and are in the appropriate locations shown on the Guide Plan, according to standards that minimize adverse impact on adjoining residential uses. C. Special purposes of the C-Com Community Commercial District are to: 1. To provide appropriately located areas for retail stores, offices, and personal service establishments patronized primarily by residents of the immediate community area. 2. To permit development of community shopping centers and related office uses, which can be accommodated in less than two hundred thousand (200,000) square feet of retail area, and are in the appropriate locations shown on the Guide Plan according to standards that minimize adverse impact on adjoining residential use. D. Special Purposes of the C-Reg Regional Commercial District are to: 1. To provide a large site at an appropriate location for a major shopping center which serves a wider region than the City itself consistent with the intent of the Metropolitan Guide Plan. 2. To ensure that a major center will be developed in accord with high standards of site planning, architecture, and landscape design. 3. To minimize the adverse effect of major commercial facilities on nearby dwellings. Subd. 2. Permitted Uses. Refer to the table in Section 11.05. Subd. 3. Building Bulk and Dimension Standards. A. The following minimum standards apply in the Commercial districts, unless otherwise noted: Standard N-Com C-Com C-Reg-Ser C-Hwy C-Reg Minimum Lot Size 2 acres 5 acres 10,000 sf 20,000 sf 50 acres Minimum Lot Width 200 ft 300 ft 80 ft 100 ft N/A Minimum Lot Depth 200 ft 300 ft 100 ft 130 ft N/A Front Yard Setback 35 ft 35 ft 35 ft 35 ft 80 ft Side Yard Setback 20 ft 20 ft 20 ft 20 ft 80 ft Rear Yard Setback 10 ft 10 ft 10 ft 10 ft 60 ft Maximum Building Height 30 ft 30 ft 40 ft 40 ft 40 ft Maximum Floor Area Ratio (FAR) 0.2—1 Story 0.4— Multi Story 0.2—1 Story 0.4— Multi Story 0.2—1 Story 0.4—Multi Story 0.3—1 Story 0.4—Multi Story 0.2—1 Story 0.5—Multi Story Maximum Base Area Ratio (BAR) .2 .2 .2 .3 .2 Minimum Zone Area (Acres) 2 5 10 5 60 Maximum Zone Area (Acres) 15 20 N/A 20 N/A Floor Area Primary Use (sf) 20,000 30,000 N/A 20,000 N/A Maximum Total Floor Area (sf) 50,000 200,000 N/A 100,000 N/A B. The following minimum standards apply for all accessory structures in the Commercial districts, unless otherwise noted. Standard N-Com C-Com C-Reg-Ser C-Hwy C-Reg Front Yard Setback 35 ft 35 ft 35 ft 35 ft 80 ft Side Yard Setback 10 ft 20 ft 20 ft 20 ft 50 ft Rear Yard Setback 10 ft 10 ft 10 ft 10 ft 50 ft Maximum Height 15 ft 15 ft 40 ft 40 ft 40 ft Subd. 4. Required Conditions. A. Acceptable, approved sanitary sewer service must be provided to all occupied structures and uses. B. Zoning requests will be considered only on the basis of a Comprehensive Guide Plan for the entire area to be zoned and specific plans for initial structures and site development. C. Lots in all Districts except the RM and Park and Open Space Districts shall be required to have frontage on a public street. Corner lots shall have additional width equal to the minimum interior side yard requirement and shall in no case be less than ninety (90) feet. D. C-REG-SER uses are limited to sales and service operations which require relatively large sites, attract little or no pedestrian traffic and are not typically found in shopping center structures. E. C-HWY uses are limited to sales and service operations directly related to highway or freeway uses, tourists, and travelers. F. Gasoline/convenience stores shall not be permitted in the Neighborhood Commercial (N- COM), provided, however, that gasoline/convenience stores in existence as of the effective date of this ordinance shall remain, for all purposes, a permitted use under this Section G. In the A-C, C-COM, C-REG, C-REG-SER, C-HWY, Districts, In the case of gasoline/convenience store the following criteria shall apply: 1. All buildings and pump canopies should have peaked roofs and relate architecturally in scale, proportion, materials and detail, and color with the building. 2. Pump canopies shall be connected with the primary store structure. Pump canopies shall be located behind the store and oriented away from adjoining residential areas. Canopy ceiling should be textured or have a flat finish. 3. All site walls, screen walls and pump island canopies should be architecturally integrated with the building with similar materials, colors, and detailing. 4. Average horizontal luminance at grade shall not exceed ten foot-candles, with individual lamps not to exceed two hundred fifty (250) watts. The fascias of the canopy should extend at least twelve (12) inches below the lens of the fixture to block the direct view of the light sources and lenses from property lines. Recessed non glare lighting shall be used under the canopy. Average horizontal luminance at grade at the property line shall not exceed 0.5 foot-candles. 5. Service areas, storage areas and refuse enclosures shall be screened from public view, adjacent streets and residential areas 6. A landscape buffer shall be required to provide screening from adjacent residential uses. Subd. 5. Pawnshops. A. No pawnshop may be located closer than one thousand (1,000) feet from any other pawnshop. Measurements will be made in a straight line, without regard to intervening structures or objects, from the nearest point of the property line of the building occupied by the pawnshop to the nearest point of the property line of the building occupied by the other pawnshop. B. All pawnshops shall comply with the licensing requirements of City Code Section 5.71. Subd. 6. General Provisions. Refer to Section 11.08 for provisions that apply to all zoning districts. Subd. 7. Landscaping. Refer to Section 11.42 for landscaping requirements. Subd. 8. Parking. Refer to in Section 11.43 for parking standards. Subd. 9. Architectural Standards. Refer to Section 11.46 for architectural standards. Subd. 10. Signs. Refer to Section 11.70 for sign regulations. Subd. 11. Shoreland Management. Refer to Section 11.50 for shoreland management standards. Subd. 12. Wetlands. Refer to Section 11.51 for wetland protection standards. Subd. 13. Land Alteration, Tree Preservation, and Stormwater Management. Refer to Section 11.55 for regulations regarding land alteration, tree preservation, and stormwater management. Subd. 14. Sloped Ground Development and Regulations. Refer to Section 11.60 for sloped ground development regulations. Subd. 15. Floodplain. Refer to Section 11.45 for floodplain regulations. Section 11.26 TOD Transit Oriented Development Districts Subd. 1. Purposes. The intent of the Transit Oriented Development (TOD) zoning ordinance is to provide for development of attractive, compact, pedestrian-friendly, high density, environmentally and economically sustainable, transit-oriented areas which allow a complementary mix of land uses. A TOD land use pattern supports transit system investments, optimizes development opportunities, and helps achieve many goals and policies outlined in the Eden Prairie Comprehensive Plan. To support the intent of Transit Oriented Development (TOD), the specific purposes of the TOD zoning districts are to: A. Promote high density development within convenient walking and biking distance of a transit station, including increased residential densities, employee densities, and non-residential floor area ratios (FARs); B. Accommodate a complementary mix of market-supportive land uses including residential, office, public (buildings, plazas, open spaces), light industrial, and where appropriate, select commercial uses; C. Ensure building and site design is oriented to public spaces - streets, sidewalks, plazas, open spaces, and the transit station and emphasizes a pedestrian-friendly environment; D. Support an urban design pattern that encourages active living - the integration of physical activity into daily routines and healthy mobility choices, including walking, biking, riding scooters, and rollerblading, and other forms of pedestrian travel and includes accommodations for persons with disabilities to connect to transit; E. Promote strategies and designs that decrease the need for parking, including compact/mixed-use development patterns, on-street parking, joint use parking, structured parking, access to transit and shuttle services, bike sharing, and car sharing; F. Incorporate public amenities such as parks and plazas, civic spaces, public art, landscaped streetscapes, benches, and sidewalks/trails that provide connections between development sites, transit, and the City's overall sidewalk/trail network; G. Incorporate urban design principles that promote the safety and comfort of residents, employees, visitors, and transit riders; H. Promote high quality and aesthetically attractive building forms that contribute to a positive City image, help to identify the unique characteristics of the location, and enhance the streetscape environment for pedestrians, bicyclists, transit riders, and vehicular drivers; and I. Incorporate sustainability practices relating to building lifespan such as reuse and recycling of materials, energy and water efficiency, storm water management, and economic resilience through lower operating costs. There are three (3) Transit Oriented Development (TOD) zoning districts: A. The TOD-Mixed Use (TOD-MU) district encourages high-density, mixed-use, and pedestrian- oriented development that supports transit usage. B. The TOD-Residential (TOD-R) district allows for moderate- to high-density residential development with some allowance for limited commercial uses. C. The TOD-Employment (TOD-E) district allows for moderate- to high-density office, light industrial and institutional development with some allowance for limited commercial uses. The individual TOD district standards are described in Subdivision 4. Subd. 2. Definitions. Ten-Minute Walkshed is the area surrounding each of an existing or planned commuter bus or light rail transit station that is accessible by walking within a ten-minute timeframe. Attached Building is an individual structure on a parcel consisting of multiple similar units arranged side by side where each unit shares a common wall with the adjacent unit. All building entries are located at the ground level facing the primary street or facing a courtyard that is open to the street. Building Break means a recess in the building façade that provides facade articulation, creates the impression that one (1) building is two (2) or more buildings, incorporates a unique building element, and improves the building's overall composition and aesthetic. Minimum requirements for a building break are a depth of two (2) feet and a width of four (4) feet. Building Stepback means a setback of a building's upper floor(s) in order to reduce the building's bulk, articulate the base of the building, ensure a more comfortable street environment, and provide light and air at street level. Building Street Frontage means the proportion of a lot's frontage on a public street that is occupied by a building as measured at the required maximum front yard setback. Corner lots must meet maximum front yard setback requirements for both public street frontages. Building Transparency means openings in the street-facing façade of a building which are transparent, including windows and doors that enable increased physical and/or visual interaction between street/sidewalk/plaza activities and a building's interior uses and activities. Commercial Ready means a space constructed to meet a minimum ground floor height that accommodates retail/commercial use as established by City Code Chapter 11. The intent of Commercial Ready standard is to provide the flexibility to occupy ground floor space in accordance with market demand while allowing a future transition to retail/commercial uses as the market dictates. Drive-Thru Facilities means facilities that accommodate automobiles and from which the occupants of the automobiles may make purchases or transact business, including the stacking spaces needed for waiting vehicles. Examples of drive-thru facilities include, but are not limited to, drive-up windows, menu boards, order boards or boxes, drive-in restaurants and drive-up banks. Flex Building is a building designed to be versatile and may be used in combination with office, research and development, sales/showroom, industrial processing, distribution/warehousing, or high tech. Flex Space means a use providing its occupants the flexibility of utilizing the space. Usually provides a configuration allowing a flexible amount of office or showroom space in combination with manufacturing, laboratory, warehouse distribution, etc. Ground Floor Height means a measurement taken from floor to floor Joint Use Parking means a parking facility shared by two (2) or more uses, tenants, or properties. Liner Building is a building designed to line the outside of a parking structure along a public street frontage with an active ground floor use. A liner building may also include active upper floors. Mixed-Use Building means a multi-story building that contains allowed retail and services on the ground floor and allowed residential and/or office uses on the upper floors. Neighborhood Commercial means small-scale retail stores and personal services primarily serving nearby residential areas and nearby businesses and their employees and small-scale specialty shops and services. No individual tenant space shall exceed ten thousand (10,000) square feet in area with the exception of grocery stores, which shall not exceed twenty-five thousand (25,000) square feet in area. Drive-thru facilities are prohibited as a neighborhood commercial use. Ornamental grillwork is a decorative metal grate placed on a building façade to provide screening and architectural interest along a street front facade. Pilaster is a shallow rectangular column placed on a building façade, typically as a decorative architectural element to provide articulation of the building façade. Public Open Space means a publicly or privately owned area designated for use by the public such as a park, trail, sidewalk or plaza that is accessible to the public. Stacked Building is a multi-level structure comprised of single-floor or multi-floor units that are stacked vertically and connected with one (1) or more shared entries. This building type is typically designed for residential, hospitality, or office uses. Transit Oriented Development (TOD) is commonly described as a community or development that mixes residential, office, commercial and open space, and allows for convenient or direct access to public transportation. The design of TOD is specifically influenced by transit and focuses on walkability and connections to other sites as well as transit. Visitor Parking means an off street, surface parking areas for motor vehicles that will be parked for short periods of time, and visiting within the Transit Oriented Development district. Visitor parking does not include long term or all day employee parking or parking of delivery vehicles engaged in loading or unloading goods. Subd. 3. Applicability. A Transit-Oriented Development (TOD) district shall apply to property zoned under this section. Any provisions contained in this Section 11.26, which are inconsistent with or are in conflict with any other provision of the City Code shall supersede such other provisions. Such properties will generally be within a ten-minute walkshed (the area within a ten-minute walking distance, or roughly a half-mile) of an existing or planned commuter bus or light rail transit station consistent with the Comprehensive Guide Plan. Nonconformities are governed under Minnesota Statutes Section 462.357, Subdivision 1.e. Development proposals will be reviewed as part of the Site Plan and Architectural Design Review and Planned Unit Development process set out in City Code Chapter 11. Subd. 4. Permitted Uses. Refer to the table in Section 11.06. Subd. 5. District Development Standards. The following tables and diagrams include development standards for each of the three TOD zoning districts and are intended to illustrate the desired character, form, and scale of development within each district. Additional standards and required conditions that apply across all of the TOD zoning districts are addressed in Subdivisions 6 through 10 of this section. A. Development Standards: Transit Oriented Development - Mixed Use (TOD-MU). STATEMENT OF POLICY: The TOD-Mixed Use (TOD-MU) district encourages high-density, mixed- use, and pedestrian-oriented development that supports transit usage. The TOD-MU district is intended to generally be applied closest to the transit station. Buildings are mid- to high-rise structures with active ground floor uses. A mix of office, residential, hotel, and institutional uses, along with ground floor shops, services, and restaurants encourage activity throughout the day, and provide residents, visitors, transit riders, and employees with amenities and services that support their day-to-day needs within convenient walking distance. The specific permitted uses are set forth below in the chart titled Permitted Uses-TOD-MU District. The diagrams set out below are intended to illustrate the application of the above statement of policy. District Diagram, Land Use Character and Built Form Description: The TOD MU district features a high- density development pattern with stacked mixed-use buildings. Requirements for street-fronted architecture, minimal setbacks, and active ground floor uses contribute to a more safe and walkable street environment. To that end, parking is predominantly provided in structured or underground parking and is located away from primary transit streets. Permitted Uses - TOD-MU District Permitted Uses Performance Standards Commercial - Neighborhood commercial - Restaurants and food service - Hotels/Hospitality/Lodging - Day care facility 1. The ground floor in all buildings in the mixed use district shall be commercial along the primary transit street and commercial ready along the secondary transit street. Office - Business and professional offices and clinics - Day care facility Residential - Multiple-Family Dwellings Public - Public facilities and services - Libraries - Parks - Transit facilities - Transit parking - Parking ramps Public Infrastructure Antennas and Towers, in those locations and subject to the limitations contained in City Code Section 11.06 2. Drive-thrus are only allowed when the drive- thru lanes are internally located within the parking structure. 3. Neighborhood Commercial individual tenant space shall not exceed 10,000 square feet in area with the exception of grocery stores, which shall not exceed 25,000 square feet in area. General Performance Standards – TOD-MU District 1. The ground floor in all buildings in the mixed use district shall be commercial along the primary transit street and commercial ready along the secondary transit street. 2. Drive-thrus are only allowed when the drive-thru lanes are internally located within the parking structure. 3. Retail uses shall be limited to Neighborhood Commercial uses as defined in Subdivision 2 of this section. Neighborhood Commercial individual tenant space shall not exceed 10,000 square feet in area with the exception of grocery stores, which shall not exceed 25,000 square feet in area. Off-Street Vehicular Parking Standards - TOD-MU District Use # of spaces (min) # of spaces (max) Multiple-Family Residential 1/dwelling unit (d.u.) 1/ bedroom Visitor (Residential) None 1/5 dwellings Retail Stores & Services 3/1,000 sq. ft. Gross Floor Area (G.F.A.) 5/1,000 sq. ft. (G.F.A.) Restaurant 1/3 seats 1/2.5 seats Office 3/1,000 sq. ft. (G.F.A.) 5/1,000 sq. ft. (G.F.A.) Hotel 1/guest room + 1/employee None Others As determined by site plan review. A parking demand study may be required. Proof of parking may be required by the City Engineer to be included as part of a parking demand study. Parking Performance Standards 1 All off-street parking in the TOD-MU District shall be provided in an enclosed building or structure except as follows: residential visitor parking may be provided as surface parking behind buildings or on secondary transit streets as designated in the Comprehensive Guide Plan. Residential developments may provide for visitor parking through on-street and/or district/joint use parking when reviewed and approved through a Planned Unit Development. 2. The location and quantity of off-street parking will be reviewed on a case-by-case basis as part of the development review process. Off-street parking requirements may be reduced if the applicant can demonstrate meeting the requirement through joint use, district, off-site, or on-street See Subdivision 7 for more on off-street parking standards. 3. Parking ramps facing a public street must be lined on the street-facing side with an active ground floor use or commercial ready space. If no upper floor uses are present the ramp must be appropriately screened as required in Subdivision 7. 4. For new development occurring within the TOD Districts, on-street parking along the use's lot frontage may count towards the parking requirements when reviewed and approved through a Planned Unit Development. This count shall be rounded to the nearest whole number. Density Standards - TOD MU District Performance Standards. Floor Area Ratio (FAR)1 1.5 min. 1. Parking structures shall not be included in calculation of number of floors and FAR. 2. The above diagram is intended to show the proportion of usable open space required, but not the exact location or distribution. See Subdivision 9 for more requirements on usable open space. Residential Density 40 dwelling units/acre min. Lot Standards - TOD MU District Lot Size None (a) Lot Width 50 ft. min. (b) Lot Depth 100 ft. min. 3. Buildings exceeding 40 feet in width along a street are required to incorporate articulation in street-facing façades. Articulation includes recesses in the building façade, material changes, or other methods of building articulation that break down the scale of large buildings and create visual interest. 4. Commercial Use ground floor windows facing a primary transit street shall not preclude visibility. 5. Within the Commercial Use all buildings shall have a primary entrance facing a public sidewalk or public open space. Building entrances must be provided at least every 60 feet along the primary transit street-facing facade of the building. 6. Front Yard Setbacks may be increased if outdoor dining or usable open space is proposed as part of a Planned Unit Development. Notwithstanding the diagram awnings, decks, overhangs, stairs, steps, retaining walls and structures, signs or bicycle parking, etc. shall not project into the public right-of-way. 7. Lots in all Districts except the RM and Park and Open Space Districts shall be required to have frontage on a public street. Corner lots shall have additional width equal to the minimum interior side yard requirement and shall in no case be less than ninety (90) feet. (c) Front Yard Setback (ft.)6 0 min.; 10 max. (d) Side Yard Setback (ft.) 0 min. (e) Rear Yard Setback (ft.) 0 min. (g) Usable Outdoor Open Space2 7% min. Impervious Surface Coverage 90% max. Building Standards - TOD MU District (h) Street Frontage 75% min. (f) Total Height (# of floors)1 4 min., max. limited by language in the Comprehensive Plan (i) Ground Floor Height 12 ft. min. (j) Upper Floors Stepback (street facades only) 8 ft. min. (above 4 floors) (k) Façade Articulation (street facades only)3 Every 40 ft. max. (l) Ground Floor Transparency (street facades only)4 60% min. Entry Spacing6 60 ft. (applicable to Commercial Uses only B. Development Standards: Transit Oriented Development - Residential (TOD-R). STATEMENT OF POLICY: The Transit Oriented Development - Residential (TOD-R) district allows for a mix moderate to high-density housing, including stacked and attached residential building types, as well as limited mixed-use development. Land uses in the TOD-R district shall be residential with a small amount commercial uses (ground floor retail, services, and restaurants) that support the day-to-day needs of residents. The TOD-R district shall generally be applied farther out from the transit station and provides more latitude in density and street frontage requirements while still promoting transit-supportive densities and pedestrian-oriented urban design. The specific permitted uses are set forth below in the chart titled Permitted Uses-TOD-R District. The diagrams set out below are intended to illustrate the application of the above statement of policy. These higher density housing types, both rental and ownership, shall be designed to optimize the district's walkable access to retail, services, restaurants, parks and trails, transit and community facilities. Buildings shall be located and designed to take advantage of views of nearby natural amenities and where significant shading of lower buildings will not occur. District Diagram, Land Use Character and Built Form Description: The TOD-R district features stacked and attached residential building types, as well as mixed-use building with active ground-floor uses. Requirements for street-fronted architecture and structured parking contribute to a more safe and walkable street environment. Slightly deeper setbacks allow for additional landscaping, gardens, and small front or side yards. Street-facing architectural details such as porches, stoops, and balconies encourage social interaction and contribute to the safety and comfort of the public realm. Permitted Uses - TOD-R District Permitted Uses Performance Standards Commercial - Neighborhood commercial - Restaurants and food service - Day care facility Office - Business and professional offices and clinics - Day care facility Residential - Multiple-Family Dwellings Public - Libraries - Parks - Transit facilities - Transit parking - Parking ramps Public Infrastructure Antennas and Towers, in those locations and subject to the limitations contained in City Code Section 11.06 1. All commercial uses shall be limited to the street level floor of a building along primary transit streets. 2. Neighborhood Commercial individual tenant space shall not exceed 10,000 square feet in area with the exception of grocery stores, which shall not exceed 25,000 square feet in area. 3. Drive-thrus are only allowed when the drive- thru lanes are internally located within the parking structure. General Performance Standards 1. All commercial uses shall be limited to the street level floor of a building along primary transit streets. 2. Retail and personal service uses shall be limited to Neighborhood Commercial uses as defined in Subdivision 2 of this section. Neighborhood Commercial individual tenant space shall not exceed 10,000 square feet in area with the exception of grocery stores, which shall not exceed 25,000 square feet in area. 3. Drive-thrus are only allowed when the drive-thru lanes are internally located within the parking structure. Off-Street Vehicular Parking Standards - TOD-R District Use # of spaces (min) # of spaces (max) Multiple-Family Residential 1/dwelling unit (d.u.) 1/ bedroom Visitor (Residential) None 1/5 dwellings Retail Stores & Services 3/1,000 sq. ft. Gross Floor Area (G.F.A.) 5/1,000 sq. ft. (G.F.A.) Restaurant 1/3 seats 1/2.5 seats Office 3/1,000 sq. ft. (G.F.A.) 5/1,000 sq. ft. (G.F.A.) Others As determined by site plan review. A parking demand study may be required. Proof of parking may be required by the City Engineer to be included as part of a parking demand study. Parking Performance Standards 1. All off-street parking in the TOD-R sub-district shall be provided in an enclosed building or structure except as follows: Residential visitor parking may be provided as surface parking behind buildings or on secondary transit streets as designated in the Comprehensive Guide Plan. Residential developments may provide for visitor parking through on-street and/or district/joint use parking when reviewed and approved through a Planned Unit Development. 2. The location and quantity of off-street parking will be reviewed on a case-by-case basis as part of the development review process. Off-street parking requirements can be reduced if the applicant can demonstrate meeting the requirement through joint use, district, off-site, or on-street parking. See Subdivision 7 for more on off-street parking standards. 3. Parking ramps facing a public street must be appropriately screened - as required in Subdivision 7. 4. For new development occurring within the TOD Districts, on-street parking along the use's lot frontage may count towards the parking requirements if reviewed and approved through a Planned Unit Development. This count shall be rounded to the nearest whole number. Density Standards - TOD R District Performance Standards Residential Density 25 dwelling units/acre min. 1. Parking structures shall not be included in calculation of number of floors and FAR. 2. The above diagram is intended to show the Lot Standards - TOD R District Lot Size None proportion of usable open space required, but not the exact location or distribution. See Subdivision 9 for more requirements on usable open space. 3. Buildings exceeding 30 feet in width along a street are required to incorporate articulation in street-facing façades. Articulation includes recesses in the building façade, material changes, or other methods of building articulation that break down the scale of large buildings and create visual interest. 4. Commercial Use ground floor windows facing a primary transit street shall not preclude visibility. 5. Within the Commercial Use all buildings shall have a primary entrance facing a public sidewalk or public open space. Building entrances must be provided at least every 60 feet along the primary transit street-facing facade of the building. 6. Front Yard Setbacks may be increased if outdoor dining or usable open space is proposed as part of a Planned Unit Development. Notwithstanding the diagram awnings, decks, overhangs, stairs, steps, retaining walls and structures, signs or bicycle parking, etc. shall not project into the public right-of-way. 7. Lots in all Districts except the RM and Park and Open Space Districts shall be required to have frontage on a public street. Corner lots shall have additional width equal to the minimum interior side yard requirement and shall in no case be less than ninety (90) feet. (a) Lot Width 50 ft. min. (b) Lot Depth 100 ft. min. (c) Front Yard Setback (ft.)6 0 min.; 20 max. (d) Side Yard Setback (ft.) 10 min. (e) Rear Yard Setback (ft.) 20 min. (g) Usable Outdoor Open Space2 10% min. Impervious Surface Coverage 75% max. Building Standards - TOD R District (h) Street Frontage 60% min. (f) Total Height (# of floors)1 2 min., max. is limited by language in the Comprehensive Plan (i) Ground Floor Height 10 ft. min. (j) Upper Floors Stepback (street facades only) 8 ft. min. (a building step back is required above 4 floors and encouraged below 4 floors) (k) Façade Articulation (street facades only)3 Every 30 feet (l) Ground Floor Transparency (street facades only)4 40% min. Entry Spacing5 60 ft. (applicable to Commercial Uses only) C. Development Standards: Transit Oriented Development - Employment (TOD-E). STATEMENT OF POLICY: The Transit Oriented Development - Employment (TOD-E) district allows for a mix of moderate- to high-density office, light industrial and institutional development with some allowance for limited commercial uses. The TOD-E district allows stacked office and mixed use buildings as well as multi-story flex buildings that can accommodate a range of living wage employment opportunities at higher densities. Retail, services, and showrooms are allowed in the district but limited to smaller scale businesses that support the needs of district employees or complement existing light industrial or office uses. The TOD-E district would generally be applied farther out from the transit station and provide more latitude in density and street frontage requirements while still promoting transit-supportive densities and pedestrian-oriented urban design. The diagrams set out below are intended to illustrate the application of the above statement of policy. District Diagram, Land Use Character and Built Form Description: The TOD-E district features stacked office and mixed use buildings, as well as multistory flex buildings. Requirements for street-fronted architecture contribute to a more safe and walkable street environment. Slightly deeper setbacks allow for additional landscaping, plazas, and other types of open space. Street adjacent features such as a canopy, awnings, plazas, and courtyards create a safe and welcoming environment. Permitted Uses - TOD-E District Permitted Uses Performance Standards Commercial - Neighborhood commercial 1. The ground floor in all buildings in the TOD-E district shall be commercial ready along the - Restaurants and food service - Day care facility Office - Business and professional offices and clinics - Day care facility Light Industrial - Manufacturing - Research and design - Wholesale - Processing - Packaging - Showroom - Assembling - Compounding - Flex space - Live/work space such as artist lofts Public - Public facilities and services - Libraries - Parks - Transit facilities - Transit parking - Parking ramps Public Infrastructure Antennas and Towers, in those locations and subject to the limitations contained in City Code Section 11.06 primary transit street. 2. Neighborhood Commercial individual tenant space shall not exceed 10,000 sq. ft. in area with the exception of grocery stores, which shall not exceed 25,000 sq. ft. in area. 3. Drive-thrus are only allowed when the drive- thru lanes are internally located within the parking structure.4. Warehouse and Distribution shall be permitted in the Light Industrial district as an accessory use. Warehouse and Distribution shall not exceed 15% of the Gross Floor Area of a structure. General Performance Standards 1. The ground floor in all buildings in the TOD-E district shall be commercial ready along the primary transit street. 2. Retail and personal service uses shall be limited to Neighborhood Commercial uses as defined in Subdivision 2 of this Section. Neighborhood Commercial individual tenant space shall not exceed 10,000 sq. ft. in area with the exception of grocery stores, which shall not exceed 25,000 sq. ft. in area. 3. Drive-thrus are only allowed when the drive-thru lanes are internally located within the parking structure.4. Warehouse and Distribution shall be permitted in the Light Industrial district as an accessory use. Warehouse and Distribution shall not exceed 15% of the Gross Floor Area of a structure. Off-Street Vehicular Parking Standards - TOD-E District Use # of spaces (min.) # of spaces (max.) Retail Stores & Services 3/1,000 sq. ft. (G.F.A.) 5/1,000 sq. ft. (G.F.A.) Restaurant 1/3 seats ½ seats Office 3/1,000 sq. ft. (G.F. A.) 5/1,000 sq. ft. (G.F.A.) Others As determined by site plan review. A parking demand study may be required. Proof of parking may be required by the City Engineer to be included as part of a parking demand study. Parking Performance Standards 1. All off-street parking in the TOD-E District shall be provided in an enclosed building or structure except as follows: visitor parking may be provided as surface parking behind buildings or on secondary transit streets as designated in the Comprehensive Guide Plan. Developments may provide for visitor parking through on-street and/or district/joint use parking when reviewed and approved through a Planned Unit Development. 2. The location and quantity of off-street parking will be reviewed on a case-by-case basis as part of the development review process. Off-street parking requirements can be reduced if the applicant can demonstrate meeting the requirement through joint use, district, off-site, or on-street parking. See Subdivision 7 for more on off-street parking standards. 3. Parking ramps facing a public street must be must be appropriately screened as required in Subdivision 7. 4. For new development occurring within the TOD Districts, on-street parking along the use's lot frontage may count towards the parking requirements when reviewed and approved through a Planned Unit Development. This count shall be rounded to the nearest whole number. Density Standards - TOD E District Performance Standards Floor Area Ratio (FAR)1 .5 min 1. Parking structures shall not be included in calculation of number of floors and FAR. 2. The above diagram is intended to show the proportion of usable open space required, but not the exact location or distribution. See Subdivision 9 for more requirements on usable open space. 3. Buildings exceeding 50 feet in width along a street are required to incorporate articulation in street-facing façades. Articulation includes recesses in the building façade, material changes, or other methods of building articulation that break down the scale of large buildings and create visual interest. 4. Commercial Use ground floor windows facing a primary transit street shall not preclude visibility. 5. Within the Commercial Use all buildings shall have a primary entrance facing a public sidewalk or public open space. Building entrances must be provided at least every 60 feet along the primary transit street-facing facade of the building. 6. Front Yard Setbacks may be increased if outdoor dining or usable open space is proposed as part of a Planned Unit Lot Standards - TOD E District Lot Size None (a) Lot Width 100 ft. min. (b) Lot Depth 100 ft. min. (c) Front Yard Setback (ft.)6 0 min; 20 max (d) Side Yard Setback (ft.) 20 min. (e) Rear Yard Setback (ft.) 20 min. (g) Usable Outdoor Open Space2 5% min. Impervious Surface Coverage 75% max Building Standards - TOD E District (h) Street Frontage 60% min. (f) Total Height (# of floors)1 2 min., max. is limited by language in the Comprehensive Plan (i) Ground Floor Height 12 ft. min. (j) Upper Floors Stepback (street facades only) 8 ft. min. (a building step back is required above 4 floors and encouraged below 4 floors) Development. Notwithstanding the diagram awnings, decks, overhangs, stairs, steps, retaining walls and structures, signs or bicycle parking, etc. shall not project into the public right-of-way. 7. Lots in all Districts except the RM and Park and Open Space Districts shall be required to have frontage on a public street. Corner lots shall have additional width equal to the minimum interior side yard requirement and shall in no case be less than ninety (90) feet. (k) Façade Articulation (street facades only)3 Every 50 feet (l) Ground Floor Transparency (street facades only)4 60% min Entry Spacing5 60 ft. (applicable to Commercial Uses only) Subd. 6. Building Standards. All buildings shall provide pedestrian-oriented design features along streets, sidewalks, pedestrian ways, and pedestrian areas. Buildings and developments shall comply with the following standards for building design and pedestrian orientation: A. Buildings shall have a primary entrance facing a public sidewalk or public open space. B. Primary building entrances shall be architecturally emphasized and highly visible from the street, sidewalk, or pedestrian way, utilizing design features such as protruding or recessed entryways, awnings, canopies, pillars, unique building materials and/or architectural details. Residential buildings shall incorporate elements such as porches, stoops, and balconies that enhance the safety and comfort of the public realm. C. Buildings are required to incorporate articulation in street-facing façades that improves the building's overall composition and aesthetic, and contributes to a more aesthetically and visually interesting and walkable street environment. Articulation includes recesses in the building façade, material changes, or other methods of building articulation that break down the perceived scale of the building or create visual interest. Subd. 7. Off-Street Vehicle Parking Standards. A. Parking structures shall be located behind buildings or located along secondary streets. B. Parking structure facades visible from public streets and public open space shall architecturally complement the building or buildings the parking structure serves through the use of exterior materials, architectural elements, and color. Parking structures shall include architectural elements that enhance the structure, break up its mass, and complement the building or buildings the parking structure serves. Examples of specific architectural elements that assist in meeting this requirement include decorative piers and pilasters, banding, reveals, architectural accents, wall plane articulation, decorative artwork, ornamental grillwork, recessed window openings, façade treatment variations, and locating tenant signs on the side of parking ramps. C. Parking structures may also incorporate liner buildings that screen the parking structure with active street-level uses. Liner building may include upper floor uses, or may utilize appropriate architectural elements as described above. Subd. 8. Pedestrian and Off-Street Bicycle Facility Standards. A. Public sidewalks and/or trails may be required to be constructed by the applicant in conformance with the Comprehensive Guide Plan and/or the City Pedestrian and Bicycle Plan. Design shall conform to the requirements of the City Engineer, Parks and Recreation Director or designee. B. An off-street sidewalk or multi-use trail shall be provided by the applicant that connects the front door of the building to adjacent public sidewalks or trails that are either existing or contemplated in an approved city trail plan or Capital Improvement Plan. C. Off-Street Bicycle parking shall be provided at the following ratios at the time of initial certificate of occupancy and at the time of enlargement of a structure: 1. Office - minimum of ten (10) spaces, plus one (1) space per seven thousand five hundred (7,500) square feet of gross floor area. 2. Commercial - minimum of ten (10) spaces, plus one (1) space per three thousand five hundred (3,500) square feet of gross floor area. 3. Public - minimum of ten (10) spaces, plus one (1) space per 3,500 square feet of gross floor area. 4. Light Industrial - minimum of ten (10) spaces, plus one (1) space per ten thousand (10,000) square feet of gross floor area. 5. Residential - one (1) space per two (2) dwelling units. D. Location. Bicycle parking shall be located within fifty (50) feet of the primary building entrance(s) and shall not obstruct sidewalks except as approved through a shared bicycle plan as referenced in Subdivision 8.G. E. Bicycle racks shall be securely anchored to the ground and on a hard surface. Up to twenty-five (25) percent of bicycle parking may be temporary or seasonal, but all temporary or seasonal bicycle parking shall be included within the Proof of Bicycle Parking Plan. F. Covered spaces. If twenty (20) or more bicycle spaces are required, then at least fifty (50) percent of the required bicycle spaces shall be covered. Coverage may be provided under roof overhangs or awnings, in bicycle lockers, indoor room, fenced in corral, within adjacent parking structures, or within underground parking structures. G. Shared Bicycle Parking. Shared off-street bicycle parking facilities are allowed to collectively provide bicycle parking in any district for more than one (1) structure or use. The applicant shall demonstrate meeting the requirement through a joint use, district or shared parking agreement. H. Proof of Bicycle Parking. If the applicant demonstrates that the required bicycle parking is in excess of the actual demand, all of the required bicycle parking need not be constructed prior to the issuance of the initial certificate of occupancy for the building being served. Any spaces not constructed, as shown on the site plan, shall be constructed when determined necessary by the City Planner. The area of future parking shall be landscaped, which, landscaping shall not be used to satisfy landscaping requirements. The City Planner shall notify the property owner in writing of the need to construct additional proof of bicycle parking spaces. No more than fifty (50) percent of bicycle parking stalls shall be placed in proof of bicycle parking. Subd. 9. Landscaping and Open Space Standards. A. All sites and buildings within the TOD district shall comply with Screening and Landscaping standards established in Section 11.42 of Chapter 11 of the City Code, except for Subdivision 5 A 4(a). Minimum Size Requirements for Plantings and 4(b) Subdivision 5 B Total Caliper Inches Required. The following standards apply within the TOD district in lieu of said Subdivision 5 A and Subdivision 5 B:Items 4(a) and 4(b): 1. Minimum Size Requirements for Plantings. Deciduous overstory plantings shall be a minimum of three (3) caliper inches; deciduous understory trees shall be a minimum of two (2) caliper inches; and coniferous trees shall be a minimum of eight (8) feet in height. 2. Total Caliper Inches Required. Sites with up to five (5) acres of on-site pervious area require a minimum of three (3) caliper inches of trees for every five hundred (500) square feet of the on- site pervious surface area. Sites with five (5) acres or greater of on-site pervious area require a minimum of three (3) caliper inches of trees for every seven hundred fifty (750) square feet of the on-site pervious area. Pervious pavement areas, green roofs, and undevelopable areas including but not limited to: wetlands, floodways, archeological resource areas, and water bodies are excluded from the on-site pervious surface area calculation. 3. Planting beds and/or decorative planting containers may replace up to fifty percent (50%) of the required caliper inches for trees at a rate of three (3) caliper inches of trees per five hundred (500) square feet of cumulative planting beds and/or decorative planting containers. 4. Planting Beds and/or Decorative Planting Containers: Each planting bed or container shall include a variety of plants which may include shrubs, ornamental grasses, ground cover, vines, annuals, or perennials to provide year round color and interest. Native plant species to the local hardiness zone and those which provide interest and/or color in the winter are encouraged. 5. Existing trees on the developable portions of the site that will remain after construction and/or existing trees on the overall site that provide benefits such as screening may be considered as counting toward a portion of the caliper inches required by this section as determined through the PUD process. Any existing trees proposing to remain shall be determined to be healthy and of the appropriate species as determined by the City. 6. Eco-grass, green roofs, rooftop gardens, limiting irrigation through xeriscaping and rainwater collection and reuse, public art, and other sustainable practices related to landscaping may be considered as counting toward a portion of the caliper inches required by this section as determined through the PUD process. B. Due to the urban character of the TOD District, less landscaping space will be available typically than in other zoning districts. Therefore, a higher level of landscaping design detail is required for the concentrated open space, pervious surface areas, plazas, planters, screening areas and streetscape areas. Examples of a higher level of landscaping design include rooftop gardens and green roofs, both of which are encouraged. A detailed landscape plan prepared by a landscape architect shall be submitted with the development application. Other privately owned amenities are encouraged, such as plazas, courtyards, fountains, outdoor art, roof top gardens and green roofs, and other decorative elements. C. The following privately owned and maintained Usable Open Space forms are permitted to meet the requirements for usable outdoor open space: 1. Pocket Park. A Pocket Park is an open space of no less than 0.05 acres in size that is available for recreation. A Pocket Park may be spatially defined by landscaping rather than building frontages and may be linear in form or shape. A pocket park may consist of a landscaped and maintained lawn, trees, and seating areas that are naturalistically disposed. 2. Square. An open space available for passive recreation and civic purposes. A Square Usable open Space is spatially defined by building frontages. Its landscape shall consist of paths, lawns, trees, hardscape, and public art formally disposed. Square Usable Open Spaces shall be located at the intersection of important main streets. There shall be no minimum size for a square. 3. Plaza. An open space available for public use, community events, and/or commercial activities. A Plaza Usable Open Space shall be spatially defined by building frontages. Its landscape shall consist primarily of hardscape, plantings, public art, and trees. There shall be no minimum size for a Plaza. 4. Play Area. An open space designed and equipped for the recreation of children. A Play Area shall be fenced and may include an open shelter. Play areas shall be interspersed within residential or mixed-use areas and may be placed within a block. Play areas may be included within parks and greens. There shall be no minimum or maximum size. 5. Pedestrian Way. Natural or landscaped walking paths and running trails. D. The following shall not constitute Useable Open Space: landscape strips or enlargements/enhancements of landscaping areas adjacent to the sidewalk; shrubs, flowers and other low profile landscaping around buildings, sidewalks and parking areas; required minimum building setback areas; yards associated with private dwellings; or outdoor areas that prohibit public or tenant access during normal business hours. Alternative useable open space areas may be considered as counting toward a portion of the useable open space requirement of this section as determined through the PUD process. Subd. 10. Supplemental Analysis or Study. A. Traffic. All development and zoning projects in the TOD District require documentation of the expected traffic impacts of the development. The scope of the traffic analysis is dependent on several factors including the size, type, and location of the development. The City Engineer should be contacted early in the project to determine the appropriate scope of traffic analysis and to determine if a formal Traffic Impact Study is required. All development applications, regardless of size, shall document the size and type of the proposed development and provide Daily, a.m. Peak, and p.m. Peak traffic generation estimates for the development. B. Travel Demand Management (TDM). All development applications for office and light industrial uses shall include a Travel Demand Management (TDM) plan. The plan shall document TDM measures to be implemented, a two-year budget, and an evaluation plan. TDM strategies that shall be considered in the TDM plan include, but are not limited to, financial incentives for carpoolers, vanpoolers and bicyclists, subsidized transit passes, preferential location of carpool/vanpool parking, bicycle racks and storage, access to shower and lockers, and promotion of commuter programs. As a condition of approval a TDM cash escrow, letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager equal to one hundred percent (100%) of the cost of implementing the first two (2) years of the TDM Plan will be required. All new residential development applications should consider TDM strategies such as bikeshare and carshare memberships, subsidized transit passes, and an information kiosk onsite. C. Parking. All zoning and development projects in the TOD District require documentation of the parking plan for the project site including the number of required parking spaces, the number of provided parking spaces and any proposed use of proof of parking. The location and quantity of parking will be reviewed on a case-by-case basis as part of the development review process. Based on the specifics of the parking plan for the project site a formal Parking Study may be required. The City Planner should be contacted prior to application and early in the project to review the parking plan for the project and to determine if a formal Parking Study is required. Subd. 11. General Provisions. Refer to Section 11.08 for provisions that apply to all zoning districts. Subd. 12. Architectural Standards. All buildings shall comply with Architectural Standards established in Section 11.46 of Chapter 11 of the City Code. Subd. 13. Signage. All sites and buildings shall comply with Sign Permits standards established in Section 11.70. Subd. 14. Lighting. All sites and buildings shall comply with Glare standards established in Section 11.08 J. Subd. 15. Mechanical Equipment, Trash, Loading Facilities. All sites and buildings shall comply with the Screening standards in Section 11.42, Off-Street Loading Facilities standards in Section 11.43, Trash and Recycling standards in Section 11.08, and Wastes standards in Section 11.08 of Chapter 11 of the City Code. Subd. 16. Tree Replacement. Property within the TOD zoning districts shall be exempt from the Tree Replacement Plan Requirements provided in Section 11.55, Subdivision 4. Section 11.27 TC Town Center Districts Subd. 1. Purposes. The intent of the Town Center (TC) zoning district is to provide an area for development of an attractive, compact, walkable, mixed-use town center that creates a live/work/play environment for the community. To support the intent of the Town Center, the purposes of the TC zoning district are to: A. Provide a mix of higher density regional uses, vertical mixed uses, more housing within walking distance of services, and a more efficient, compact and connected development pattern; B. Incorporate connections between the various land uses; including pedestrian, street and visual; C. Incorporate civic amenities such as urban parks and plazas, civic and cultural spaces, sidewalks and trails, and landscaped streetscapes; D. Promote strategies and designs that decrease the need for parking, including compact/mixed-use development patterns, on-street parking, joint use parking, structured parking, access to transit and shuttle services, bike sharing, and car sharing; E. Locate and design buildings that are oriented to public spaces, including streets, sidewalks, plazas and open spaces, to create the feel and function of a traditional town center and to emphasize a pedestrian oriented environment; and F. Encourage non-automobile access and circulation, including transit, walking and biking. G. Support an urban design pattern that encourages active living - the integration of physical activity into daily routines and healthy mobility choices, including walking, biking, riding scooters, and rollerblading, and other forms of pedestrian travel and includes accommodations for persons with disabilities to connect to transit. The standards applicable to the TC zoning district are intended to implement the vision, goals and principles established in the Eden Prairie Major Center Area Framework Plan and Major Center Area Planning Principles and the Town Center Design Guidelines, which will be carried out through specific standards related to land use mix, site planning, building bulk and dimensions, architecture, building materials, transportation access, parking, landscaping, signage and lighting. Subd. 2. Definitions. The following terms, as used in this section, shall have the following meanings: Building Break means a recess in the building façade that provides façade articulation, creates the impression that one (1) building is two (2) or more buildings, incorporates a unique building element, and improves the building's overall composition and aesthetic. Minimum requirements for a building break are a depth of two (2) feet and a width of four (4) feet. Building Stepback means a setback of a building's upper floor(s) in order to reduce the building's bulk, articulate the base of the building, ensure a more comfortable street environment, and provide light and air at street level. Building Street Frontage means the proportion of a lot's frontage on a public street that is occupied by a building as measured at the required maximum front yard setback. Corner lots must meet maximum front yard setback requirements for both public street frontages. Building Transparency means openings in the street-facing façade of a building which are transparent, including windows and doors, that enable increased physical and/or visual interaction between street/sidewalk/plaza activities and a building's interior uses and activities. Community Commercial means medium-scale retail stores and personal services primarily serving the residents and employees of the community. No individual building or tenant space shall exceed sixty thousand (60,000) square feet in area. Drive-thru Facilities means facilities that accommodate automobiles and from which the occupants of the automobiles may make purchases or transact business, including the stacking spaces needed for waiting vehicles. Examples of drive-thru facilities include, but are not limited to, drive-up windows, menu boards, order boards or boxes, drive-in restaurants and drive-up banks. Ground Floor Height means measurement taken from floor to floor. Joint Use Parking means a parking facility shared by two (2) or more uses, tenants or properties. Mixed-Use Building means a multi-story building that contains allowed retail and services on the ground floor and allowed residential and/or office uses on the upper floors. Neighborhood Commercial means small-scale retail stores and personal services primarily serving nearby residential areas and nearby businesses and their employees and small-scale specialty shops and services that contribute to the uniqueness and vibrancy of Town Center and may attract a larger trade area. No individual tenant space shall exceed ten thousand (10,000) square feet in area with the exception of grocery stores, which shall not exceed twenty thousand (25,000) square feet in area. Drive-thru facilities are prohibited as a neighborhood commercial use. Public Open Space means a publicly or privately owned area such as a park, trail, sidewalk or plaza that is accessible to the public. Usable Outdoor Open Space means planned and improved outdoor facilities and open spaces that provide active or passive recreational, relaxation or gathering opportunities, including, but not limited to, any one (1) or more of the following: parks; plazas; play areas; maintained and landscaped lawn with trees and seating areas; natural or landscaped walking paths and running trails; pedestrian spaces; publicly accessible natural or wildlife viewing areas; gardens; ponds and water features; and other similar environments. Usable outdoor open space shall not include: landscape strips or enlargements/enhancements of landscaping areas adjacent to the sidewalk; shrubs, flowers and other low profile landscaping around buildings, sidewalks and parking areas; required minimum building setback areas; yards associated with private dwellings; or outdoor areas that prohibit public or resident access during normal business hours for the area. No areas of usable open space shall contain less than two thousand (2,000) contiguous square feet. Usable open space in Mixed Use and Commercial sub-districts should be located near primary building entrances and be accessible by the public from a public sidewalk or streetscape area at least during normal business hours of the surrounding area. Visitor Parking means an off-street, surface parking area for motor vehicles that will be parked for short periods of time, and visiting within the Town Center district. Visitor parking does not include long term or all day employee parking or parking of delivery vehicles engaged in loading or unloading goods. Subd. 3. Sub-Districts. The TC zoning district is divided into three (3) sub-districts: A. Town Center Mixed Use (TC-MU). Town Center Mixed-use requires higher intensity vertical mixed- use buildings with ground floor retail shops, services and restaurants that front onto Town Center's "Main Streets" and are pedestrian-oriented. In order to support a live/work/play environment, the upper floors shall be primarily residential uses, both rental and ownership housing, with a minimal amount of office uses allowed. B. Town Center Residential (TC-R). Town Center Residential allows a mix of stacked housing types including high density high-rise residential and high density mid-rise residential. These higher density housing types, both rental and ownership, shall be designed to optimize the district's walkable access to retail, services, restaurants, parks and trails, transit and community facilities. High rise buildings shall be located and designed to take advantage of views of nearby natural amenities and where significant shading of lower buildings will not occur. C. Town Center Commercial (TC-C). Town Center Commercial allows a mix of lower intensity commercial uses including community retail, services, restaurants, entertainment, office, and hospitality/lodging. Site layout, building design and parking strategies shall support the compact and pedestrian-oriented character of the district. Subd. 4. Design Guidelines. All new development, redevelopment and subdivisions within the Town Center district shall be in substantial conformance with the Town Center Design Guidelines. Development proposals will be reviewed as part of the Site Plan and Architectural Design Review process for conformance with the City Codes and the Design Guidelines. Subd. 5. Permitted Uses. Table 1 establishes the permitted and accessory uses in the TC zoning district. Refer to the table in Section 11.06. Use TC-MU TC-R TC-C Commercial Neighborhood commercial P Community commercial P Restaurants and food service w/o drive-thru facilities P P Business and professional offices and clinics A1 P Hotels P Day care facility P P Antennas and Towers, in those locations and subject to the limitations contained in City Code Section 11.06. P Residential High-rise multiple-family attached dwelling units with minimum gross density of 60 units per acre P Mid-rise multiple-family attached dwelling units with minimum gross density of 40 units per acre P Antennas and Towers, in those locations and subject to the limitations contained in City Code Section 11.06. P Mixed-Use Mid-rise multiple-family attached dwelling units w/ ground floor retail/restaurant/services2 P Multi-story office w/ ground floor retail/restaurant/services2 P Day care facility P P Antennas and Towers, in those locations and subject to the limitations contained in City Code Section 11.06. P Public Public Infrastructure P P P Libraries P P Parks P P P Transit facilities P P Subd. 6. Permitted Building Types. The following building types are established as the only types of new buildings allowed within the TC district. A. Building Type A, Vertical Mixed-Use Residential/Commercial. Type A buildings shall have retail, restaurant and/or service uses on the ground floor with residential on the upper floors. Parking may be included below or above the ground floor. B. Building Type B, Vertical Mixed-Use Office/Commercial. C. Building Type C, High-Rise Residential. D. Building Type D, Mid-Rise Residential. E. Building Type E, Entertainment/Restaurant/Services. Type E buildings may include entertainment, restaurant and/or services uses F. Building Type F, Hospitality/Lodging. G. Building Type G, Community Retail. H. Building Type H, Parking Structure. Table 1 establishes where the permitted building types can be located within the Town Center district. Table 1: Permitted Building Types in Town Center District Building Type TC-MU TC-R TC-C Type A P Type B P Type C P Type D P Type E P Type F P Type G P Type H P P P Subd. 7. Required Conditions. A. Zoning applications will be considered only on the basis of the Comprehensive Guide Plan for the entire area to be zoned and specific plans for initial structures and site development. B. Nonconformities are governed under Minnesota Statutes Section 462.357, Subdivision 1.e. C. Development proposals will be reviewed as part of the Site Plan and Architectural Design Review process and Planned Unit Development process as set out in City Code Chapter 11. D. Any provisions contained in Section 11.27, which are inconsistent with or are in conflict with any other provision of the City Code shall supersede such other provisions. E. All zoning and development applications must include a trip generation analysis that indicates the traffic impacts on the overall Major Center Area (MCA) and demonstrates that the proposed development is not in conflict with the MCA traffic model. F. Acceptable, approved sanitary sewer and water services must be provided to all occupied structures. G. In the TC-MU District, retail and personal service uses shall be limited to Neighborhood Commercial uses as defined in Subdivision 2 of this section. H. In the TC-C District, retail and personal service uses shall be limited to Community Commercial uses as defined in Subdivision 2 of this section. I. In the TC-C and TC-MU Districts, drive thru facilities are prohibited J. In the TC-R District, High-Rise Residential buildings shall have a minimum gross density of 60 units per acre and Mid-Rise Residential buildings shall have a minimum gross density of 40 units per acre K. In the TC-MU District, business and professional offices and clinics shall be located in mixed-use buildings, shall not be located on the ground floor, and shall not occupy more than twenty-five percent (25%) of upper floors' gross square footage. L. In the TC-MU District, mid-rise multiple-family buildings shall have ground floor retail, restaurant, and/or services. Ground floor uses with street frontage shall be one hundred percent (100%) retail, restaurant, and/or services. M. Lots in all Districts except the RM and Park and Open Space Districts shall be required to have frontage on a public street. Corner lots shall have additional width equal to the minimum interior side yard requirement and shall in no case be less than ninety (90) feet. Subd. 8. Building Bulk & Dimension Standards. Table 2 establishes specific bulk and dimension standards for new buildings in the Town Center District. Table 2: Building Bulk & Dimension Standards for Town Center District Standard TC-MU TC-R TC-C Lot Size None None None Lot Width 50 ft. min. 50 ft. min. 50 ft. min. Lot Depth 100 ft. min. 100 ft. min. 100 ft. min. Front Yard Setback (ft.)4 0 min. 10 max. 10 min. 20 max. 0 min. 15 max. Side Yard Setback (ft.) 0 min. 10 min. 5 min. Rear Yard Setback (ft.) 0 min. 20 min. 10 min. Building Height1 (# of floors) 4 min. 6 max. 4 min. 10 max. 1 min. 3 max2 Building Footprint Coverage 50% min. 75% max. 40% min. 60% max. 30% min. 50% max. Floor Area Ratio (FAR)1 2.25 max. 2.25 max. 0.5 max.2 Building Street Frontage 75% min. 60% min. 50% min. Impervious Surface Coverage 90% max. 75% max. 75% max. Ground Floor Height 12 ft. min None 12 ft. min. Street Façade Building Stepback 8 ft. min (above 4 floors) 8 ft. min. (above 6 floors) N/A Street Façade Building Breaks3 20% min. 15% min. 15% min. Street Level Frontage Transparency 60% min. 20% min. 40% min. Usable Outdoor Open Space 5% min. 10% min. N/A 1 Parking structures shall not be included in calculation of number of Floors, FAR and Building Footprint Coverage. 2 Maximum building height and maximum FAR may be exceeded for permitted hotel, lodging and entertainment uses, when the peak period trips generated is in compliance with the MCA traffic model. 3 Buildings exceeding forty (40) feet in width along a street are required to incorporate building breaks in the street façade that break the building into smaller facades, which may be a maximum of forty (40) feet in width. 4 Front Yard Setbacks may be increased if outdoor dining or usable open space is proposed as part of a Planned Unit Development. Awnings, decks, overhangs, stairs, steps, retaining walls and structures, signs or bicycle parking, etc. shall not project into the public right-of-way. Subd. 9. Non-Residential Building Orientation to Street and Pedestrian Areas. All new mixed-use and commercial buildings shall provide a variety of active uses and pedestrian-oriented design features along streets and pedestrian areas. These design features include, but are not limited to, the use of multiple storefronts or businesses, multiple entrances into large single-tenant buildings, and design treatments of facades, entrances, windows, and other similar features. Buildings and developments shall comply with the following standards for building orientation: A. All new buildings shall have primary entrance doors facing a public sidewalk or public open space and spaced no more than sixty (60) feet apart. A primary entrance is defined as a principal entrance through which people enter the building. A building or individual business may have more than one (1) primary entrance. Building entrances may include doors to individual businesses, lobby entrances, entrances to pedestrian-oriented plazas, or courtyard entrances to a cluster of stores. Primary entrances shall be open to the public during all business hours. B. Primary building entrances shall be architecturally emphasized and visible from the street. Primary building entrances shall be clearly defined and highly visible utilizing design features such as awnings, canopies, pillars, unique building materials and/or architectural details. C. A minimum percentage of a mixed-use and commercial building's street-facing ground level façade between two (2) feet and eight (8) feet in height shall be comprised of clear windows, as specified in the Street Level Frontage Transparency standard in Table 3 above, in order to allow views of indoor non-residential space or product display areas. Required windows shall have a sill no higher than four (4) feet above the adjacent sidewalk. Subd. 10. Off-Street Vehicle Parking Standards. A. Due to the more urban pedestrian oriented character of the Town Center area, the location and quantity of off-street parking spaces will be reviewed on a case-by-case basis as part of the development review process. In general, the intent is for developments to provide a reduced number of off-street parking spaces to account for availability of joint and shared-use parking, parking efficiencies resulting from a compact mixed-use development pattern, on-street parking, transit, walking and bicycling. Off-street parking facilities shall be provided as established in Table 3 or as determined through the development review process, recognizing the potential for district, shared and public parking. Table 3 establishes minimum and maximum off-street parking standards for uses within the Town Center district. Table 3: Off-Street Parking Space Standards for Town Center District Use TC-MU (# of spaces) TC-R (# of spaces) TC-C (# of spaces) Minimum Maximum Minimum Maximum Minimum Maximum Multiple- Family Residential 1/dwelling unit 1/ bedroom 1/dwelling unit 1/bedroom N/A N/A Retail Stores & Services 3/1,000 sq. ft. (G.F.A.) 5/1,000 sq. ft (G.F.A.) N/A N/A 3/1,000 sq. ft. (G.F.A.) 5/1,000 sq. ft. (G.F.A.) Restaurant 1/3 seats 1/2.5 seats N/A N/A 1/3 seats 1 / 2.5 seats Office 3/1,000 sq. ft. (G.F.A.) 4/1,000sq. ft. (G.F.A.) N/A N/A 3/1,000 sq. ft. (G.F.A.) 5/1,000 sq. ft. (G.F.A.) Hotel N/A N/A N/A N/A 1/guest room +1/employee N/A Visitor N/A 1/5 dwelling units N/A 1/5 dwelling units N/A N/A Others As determined by site plan review. A parking demand study may be required. Proof of parking may be required by the City Engineer to be included as part of a parking demand study. B. On-site parking is prohibited in the front yard directly in front of a building, except for frontage along Highway 212. Parking shall be provided to the rear or side of buildings. C. All parking in the TC-MU sub-district shall be in a parking structure or on the street. D. All off-street parking for residents in the TC-R sub-district shall be provided in an enclosed building or structure. E. Parking structure facades visible from public streets and public open spaces shall architecturally complement the building or buildings the parking structure serves through the use of exterior materials, architectural elements, and color. Parking structures shall include architectural elements that enhance the structure, break up its mass, and complement the building or buildings the parking structure serves. Examples of specific architectural elements that assist in meeting this requirement include decorative piers and pilasters, banding, reveals, architectural accents, wall plane articulation, decorative artwork, ornamental grillwork, recessed window openings, façade treatment variations, and locating tenant signs on the side of parking ramps. F. Parking structures may also incorporate liner buildings that screen the parking structure with active street-level uses. Liner building may include upper floor uses or may utilize appropriate architectural elements as described above. G. The location and design of off-street parking will be reviewed on a case-by-case basis as part of the development review process. Off-street parking requirements may be reduced if the applicant demonstrates meeting the requirement through join use, district, off-site, or on-street parking. H. Parking ramps facing a public street must be lined on the street-facing side with an active ground floor use or commercial ready space. If no upper floor uses are present the ramp must be appropriately screened as required. I. For new development occurring within the TC Districts, on-street parking along the uses's lot frontage may count towards the parking requirements when reviewed and approved through a Planned Unit Development. This count shall be rounded to the nearest whole number. J. Parking structures shall not be included in calculation of number of floors and FAR. Subd. 11. Supplemental Analysis or Study. A. Traffic. All development and zoning projects in the TC District require documentation of the expected traffic impacts of the development. The scope of the traffic analysis is dependent on several factors including the size, type, and location of the development. The City Engineer should be contacted early in the project to determine the appropriate scope of the traffic analysis and to determine if a formal Traffic Impact Study is required. All development applications, regardless of size, shall document the size and type of the proposed development and provide Daily, a.m. Peak, and p.m. Peak traffic generation estimates for the development. B. Traffic Demand Management (TDM). All development applications for office uses shall include a Travel Demand Management (TDM) plan. The plan shall document TDM measures to be implemented, a two-year budget, and an evaluation plan. TDM strategies that should be considered in the TDM plan include, but are not limited to, financial incentives for car poolers, van poolers and bicyclists, subsidized transit passes, preferential location of carpool/vanpool parking, bicycle racks and storage, access to shower and lockers, and promotion of commuter programs. As a condition of approval a TDM cash escrow, letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager equal to one hundred percent (100%) of the cost of implementing the first two (2) years of the TDM Plan will be required. All new residential development applications should consider TDM strategies such as bikeshare and carshare memberships, subsidized transit passes, and an information kiosk onsite. C. Parking. All zoning and development projects in the TC District require documentation of the parking plan for the project site including the number of required parking spaces, the number of provided parking spaces and any proposed use of proof of parking. The location and quantity of parking will be reviewed on a case-by-case basis as part of the development review process. Based on the specifics of the parking plan for the project site a formal Parking Study may be required. The City Planner should be contacted prior to application and early in the project to review the parking plan for the project and to determine if a formal Parking Study is required. Subd. 12. Pedestrian and Off-Street Bicycle Facility Standards. A. Public sidewalks and/or trails may be required to be constructed by the applicant in conformance with the Comprehensive Guide Plan and/or the City Pedestrian and Bicycle Plan. Design shall conform to the requirements of the City Engineer, Parks and Recreation Director or designee. B. An off-street sidewalk or multi-use trail shall be provided by the applicant that connects the front door of the building to adjacent public sidewalks or trails that are either existing or contemplated in an approved city trail plan or Capital Improvement Plan. C. Off-Street Bicycle parking shall be provided at the following ratios at the time of initial certificate of occupancy and at the time of an enlargement of a structure: 1. Office - minimum of ten (10) spaces, plus one (1) space per seven thousand five hundred (7,500) square feet of gross floor area. 2. Commercial - minimum of ten (10) spaces, plus one (1) space per three thousand five hundred (3,500) square feet of gross floor area. 3. Public - minimum of ten (10) spaces, plus one (1) space per three thousand five hundred (3,500) square feet of gross floor area. 4. Light Industrial - minimum of ten (10) spaces, plus one (1) space per ten thousand (10,000) square feet of gross floor area. 5. Residential - one (1) space per two (2) dwelling units. D. Location. Bicycle parking shall be located within fifty (50) feet of the primary building entrance(s) and shall not obstruct sidewalks except as approved through a shared bicycle plan as referenced in Subdivision 12.G. E. Bicycle racks shall be securely anchored to the ground and on a hard surface. Up to twenty-five (25) percent of bicycle parking may be temporary or seasonal, but all temporary or seasonal bicycle parking shall be included within the Proof of Bicycle Parking plan. F. Covered spaces. If twenty (20) or more bicycle spaces are required, then at least fifty (50) percent of the required bicycle spaces shall be covered. Coverage may be provided under roof overhangs or awnings, in bicycle lockers, indoor room, fenced in corral, within adjacent parking structures, or within underground parking structures. G. Shared Bicycle Parking. Shared off-street bicycle parking facilities are allowed to collectively provide bicycle parking in any district for more than one (1) structure or use. The applicant shall demonstrate meeting the requirement through a joint use, district or shared parking agreement. H. Proof of Bicycle Parking. Any bicycle parking not constructed, as shown on the site plan, shall be constructed when determined necessary by the City Planner. If the applicant demonstrates to the satisfaction of the City Planner that the required bicycle parking is in excess of the actual demand, all of the required bicycle parking need not be constructed prior to the issuance of the initial certificate of occupancy for the building being served. The area of future parking shall be landscaped, which landscaping shall not be used to satisfy landscaping requirements. The City Planner shall notify the property owner in writing of the need to construct additional proof of bicycle parking spaces. No more than 50 percent of bicycle parking stalls may be placed in proof of bicycle parking. Subd. 13. General Provisions. Refer to Section 11.08 for provisions that apply to all zoning districts. Subd. 14. Architectural Standards. All buildings shall comply with Architectural Standards established in Section 11.46 of Chapter 11 of the City Code and shall be in substantial conformance with the Town Center Design Guidelines. Subd. 15. Landscaping. A. All sites and buildings within the TC district shall comply with Screening and Landscaping standards established in Section 11.42 of Chapter 11 of the City Code, except for Subdivision 5 A 4(a). Minimum Size Requirements for Plantings and 4(b) Subdivision 5 B Total Caliper Inches Required. The following standards apply within the TOD district in lieu of said Subdivision 5 A and Subdivision 5 B:Items 4(a) and 4(b): 1. Minimum Size Requirements for Plantings: Deciduous overstory plantings shall be a minimum of three (3) caliper inches; deciduous understory trees shall be a minimum of two (2) caliper inches; and coniferous trees shall be a minimum of eight (8) feet in height. 2. Total Caliper Inches Required: Sites up to five (5) acres of on-site pervious area require a minimum of three (3) caliper inches of trees for every 500 square feet of the on-site pervious surface area. Sites with 5 acres or greater of on-site pervious area require a minimum of three (3) caliper inches of trees for every seven hundred fifty (750) square feet of the on-site pervious area. Pervious pavement areas, green roofs, and undevelopable areas including but not limited to: wetlands, floodways, archeological resource areas, and water bodies are excluded from the on-site pervious surface area calculation. 3. Planting beds and/or decorative planting containers may replace up to fifty (50%) of the required caliper inches for trees at a rate of three (3) caliper inches of trees per five hundred (500) square feet of cumulative planting beds and/or decorative planting containers. 4. Planting Beds and/or Decorative Planting Containers: Each planting bed or container shall include a variety of plants which may include shrubs, ornamental grasses, ground cover, vines, annuals, or perennials to provide year round color and interest. Native plant species to the local hardiness zone and those which provide interest and/or color in the winter are encouraged. 5. Existing trees on the developable portions of the site that will remain after construction and/or existing trees on the overall site that provide benefits such as screening may be considered as counting toward a portion of the caliper inches required by this section as determined through the Development Review process. Any existing trees proposing to remain shall be determined to be healthy and of the appropriate species as determined by the City. 6. Eco-grass, green roofs, rooftop gardens, limiting irrigation through xeriscaping and rainwater collection and reuse, public art, and other sustainable practices related to landscaping may be considered as counting toward a portion of the caliper inches required by this section as determined through the Development Review process. B. Landscaping shall be in substantial conformance with the Town Center Design Guidelines. Due to the urban character of the Town Center District, less landscape space will be available than in other zoning districts. Therefore a higher level of design detail and level of landscaping is required for the concentrated open space, pervious surface areas, plazas, planters, screening areas and streetscape areas. Rooftop gardens and green roofs are encouraged. A detailed landscape plan prepared by a landscape architect shall be submitted with the development application. Subd. 16. Signage. All sites and buildings shall comply with Sign Permits standards established in Section 11.70 and shall be in substantial conformance with the Town Center Design Guidelines. Subd. 17. Lighting. All sites and buildings shall comply with Glare standards established in Section 11.08 J and shall be in substantial conformance with the Town Center Design Guidelines. Subd. 18. Mechanical Equipment, Trash, Loading Facilities. All sites and buildings shall comply with the Screening standards in Section 11.42, Off-Street Loading Facilities standards in Section 11.43 and Wastes standards in Section 11.08 of Chapter 11 of the City Code and shall be in substantial conformance with the Town Center Design Guidelines. Section 11.28 A-C Airport Commercial District Subd. 1. Purposes of Airport C-Commercial. The purposes of the Airport C-Commercial District (A-C) are to: A. Provide appropriately located areas for retail stores, offices, service establishments, restaurants, business and professional offices and accessory uses, gasoline/convenience stores and amusement establishments; B. Provide opportunities for retail stores, offices, service establishments, and amusement establishments, to concentrate for the convenience of the public and in mutually beneficial relationship to each other; C. Provide space for community facilities and institutions that appropriately may be located in commercial areas; D. Provide adequate space to meet the needs of modern commercial development, including off- street parking and truck loading areas; E. Minimize traffic congestion and avoid the over-loading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them; and, F. Protect commercial properties from noise, odor, dust, dirt, smoke, vibration, heat, glare, traffic, fire, explosion, noxious fumes, and other hazards. Subd. 2. Permitted Uses. Refer to the table in Section 11.05. Subd. 3. Building Bulk and Dimension Standards.The following minimum standards apply in the Airport C-Commercial district, unless otherwise noted: Standard A-C Minimum Lot Size 2 acres Minimum Lot Width 200 ft Minimum Lot Depth 200 ft Front Yard Setback 35 ft Side Yard Setback 20 ft Rear Yard Setback 10 ft Maximum Building Height 30 ft Maximum Floor Area Ratio 0.2—1 Story 0.4—2 Story Maximum Base Area Ratio 0.2 A. The following minimum standards apply for all accessory structures in the Airport C-Commercial district, unless otherwise noted: Standard Rural (R) Front Yard Setback 35 ft Side Yard Setback 10 ft Rear Yard Setback 10 ft Maximum Height 15 ft Subd. 4. Required Conditions. A. Acceptable, approved sanitary sewer service must be provided to all occupied structures and uses. B. Lots in all Districts except the RM and Park and Open Space Districts shall be required to have frontage on a public street. Corner lots shall have additional width equal to the minimum interior side yard requirement and shall in no case be less than ninety (90) feet. C. In the A-C, C-COM, C-REG, C-REG-SER, C-HWY, Districts, In the case of gasoline/convenience store the following criteria shall apply: 1. All buildings and pump canopies should have peaked roofs and relate architecturally in scale, proportion, materials and detail, and color with the building. 2. Pump canopies shall be connected with the primary store structure. Pump canopies shall be located behind the store and oriented away from adjoining residential areas. Canopy ceiling should be textured or have a flat finish. 3. All site walls, screen walls and pump island canopies should be architecturally integrated with the building with similar materials, colors, and detailing. 4. Average horizontal luminance at grade shall not exceed ten foot-candles, with individual lamps not to exceed two hundred fifty (250) watts. The fascias of the canopy should extend at least twelve (12) inches below the lens of the fixture to block the direct view of the light sources and lenses from property lines. Recessed non glare lighting shall be used under the canopy. Average horizontal luminance at grade at the property line shall not exceed 0.5 foot-candles. 5. Service areas, storage areas and refuse enclosures shall be screened from public view, adjacent streets and residential areas 6. A landscape buffer shall be required to provide screening from adjacent residential uses. Subd. 5. Aeronautical Uses. Aeronautical Uses and Aeronautical Development Projects are not subject to the terms or conditions of the City Code Subd. 6. Restrictions. In addition to the requirements set forth in this section, construction of any building or structure situated within Airport - Commercial shall comply with all federal and state statutes, regulations, rules, laws, restrictions, guidance, and directives and Metropolitan Airports Commission rules and regulations concerning aeronautical safety and operation within the Flying Cloud Airport and runway protection zones. Subd. 7. General Provisions. Refer to Section 11.08 for provisions that apply to all zoning districts. Subd. 8. Landscaping. Refer to Section 11.42 for landscaping requirements. Subd. 9. Parking. Refer to in Section 11.43 for parking standards. Subd. 10. Architectural Standards. Refer to Section 11.46 for architectural standards. Subd. 11. Signs. Refer to Section 11.70 for sign regulations. Subd. 12. Shoreland Management. Refer to Section 11.50 for shoreland management standards. Subd. 13. Wetlands. Refer to Section 11.51 for wetland protection standards. Subd. 14. Land Alteration, Tree Preservation, and Stormwater Management. Refer to Section 11.55 for regulations regarding land alteration, tree preservation, and stormwater management. Subd. 15. Sloped Ground Development and Regulations. Refer to Section 11.60 for sloped ground development regulations. Subd. 16. Floodplain. Refer to Section 11.45 for floodplain regulations. Section 11.29 A-OFC Airport Office District Subd. 1. Purposes of Airport – Office. The purposes of the Airport – Office District (A-OFC) are to: A. Provide opportunities for offices of a semi-commercial character to locate outside of commercial districts; B. Establish and maintain in portions of the City the high standards of site planning, architecture, and landscape design sought by many business and professional offices; C. Provide adequate space to meet the needs of modern offices, including off-street parking of automobiles and, where appropriate, off-street loading of trucks; D. Provide space for semi-public facilities and institutions appropriately may be located in office districts; E. Minimize traffic congestion and avoid the over-loading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them; and, F. Protect offices from the noise, disturbance, traffic hazards, safety hazards, and other objectionable influences incidental to certain commercial uses. Subd. 2. Permitted Uses. Refer to the table in Section 11.05. Subd. 3. Building Bulk and Dimension Standards. A. The following minimum standards apply in the Airport Office district, unless otherwise noted: Standard A-OFC Minimum Lot Size 20,000 sf Minimum Lot Width 100 ft Minimum Lot Depth 100 ft Front Yard Setback 35 ft Side Yard Setback 20 ft one side, 50 ft both sides Rear Yard Setback 20 ft Maximum Building Height 30 ft Maximum Floor Area Ratio 0.3—1 Story 0.5—Multi Story Maximum Base Area Ratio 0.3 B. The following minimum standards apply for all accessory structures in the Airport Office district, unless otherwise noted: Standard Rural (R) Front Yard Setback 35 ft Side Yard Setback 10 ft Rear Yard Setback 10 ft Maximum Height 15 ft Subd. 4. Required Conditions. A. All professional pursuits and businesses shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading areas. B. Acceptable, approved sanitary sewer service must be provided to all occupied structures. Subd. 5. Aeronautical Uses. Aeronautical Uses and Aeronautical Development Projects are not subject to the terms or conditions of the City Code Subd. 6. Restrictions. In addition to the requirements set forth in this section, construction of any building or structure situated within Airport - Commercial or Airport - Office District shall comply with all federal and state statutes, regulations, rules, laws, restrictions, guidance, and directives and Metropolitan Airports Commission rules and regulations concerning aeronautical safety and operation within the Flying Cloud Airport and runway protection zones. Subd. 7. General Provisions. Refer to Section 11.08 for provisions that apply to all zoning districts. Subd. 8. Landscaping. Refer to Section 11.42 for landscaping requirements. Subd. 9. Parking. Refer to in Section 11.43 for parking standards. Subd. 10. Architectural Standards. Refer to Section 11.46 for architectural standards. Subd. 11. Signs. Refer to Section 11.70 for sign regulations. Subd. 12. Shoreland Management. Refer to Section 11.50 for shoreland management standards. Subd. 13. Wetlands. Refer to Section 11.51 for wetland protection standards. Subd. 14. Land Alteration, Tree Preservation, and Stormwater Management. Refer to Section 11.55 for regulations regarding land alteration, tree preservation, and stormwater management. Subd. 15. Sloped Ground Development and Regulations. Refer to Section 11.60 for sloped ground development regulations. Subd. 16. Floodplain. Refer to Section 11.45 for floodplain regulations. Section 11.30 I Industrial Districts Subd. 1. Purposes. A. The purposes of the I-Industrial District are to: 1. Reserve appropriately located area for industrial and related activities; 2. Protect areas appropriate for industrial use from intrusion by inharmonious uses; 3. Protect residential and commercial properties and protect nuisance-free, non- hazardous, industrial uses from noise, odor, insect nuisance, dust, dirt, smoke, vibration, heat and cold, glare, truck and rail traffic, and other objectionable influences, and from fire, explosion, noxious fumes, radiation, and other hazards incidental to certain industrial uses; 4. Provide opportunities for certain types of industrial plants to concentrate in mutually beneficial relationship to each other; 5. Provide adequate space to meet the needs of modern industrial development including off-street parking and truck loading areas and landscaping; 6. Provide sufficient open space around industrial structures to protect them from the hazards of fire and minimize the impact of industrial plants on nearby uses; 7. Minimize traffic congestion and avoid the over-loading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them; and, 8. Permit and reserve areas for employment activity and service to the public which do not materially detract from nearby industrial uses. B. Special purposes of Industrial Park districts are to: 1. Establish and maintain high standards of site planning, architecture, and landscape design that will create an environment attractive to the most discriminating industries and research and development establishments seeking sites in the Metropolitan area. 2. Provide and ensure the continuity of locations for industries that can operate on small sites with minimum mutual adverse impact. C. The special purpose of the I-GEN General Industrial District is to provide locations where industries that desire larger sites and outside storage can operate with minimum restriction and without adverse effect on other uses. Subd. 2. Permitted Uses. Refer to the table in Section 11.05. Subd. 3. Building Bulk and Dimension Standards. A. The following minimum standards apply in the Industrial districts, unless otherwise noted: Standard I-2 I-5 I-Gen Minimum Lot Size 2 acres 5 acres 5 acres Minimum Lot Width 200 ft 300 ft 300 ft Minimum Lot Depth 300 ft 300 ft 300 ft Front Yard Setback 50 ft 75 ft 75 ft Side Yard Setback 20 ft 30 ft 30 ft Rear Yard Setback 25 ft 25 ft 50 ft Maximum Building Height 40 ft 40 ft 40 ft Maximum Floor Area Ratio (FAR) 0.3—1 Story 0.5—Multi Story 0.3—1 Story 0.5—Multi Story 0.3—1 Story 0.5—Multi Story Maximum Base Area Ratio (BAR) .3 .3 .3 Minimum Zone Area (Acres) 40 40 80 B. The following minimum standards apply for all accessory structures in the Industrial districts, unless otherwise noted: Standard I-2 I-5 I-Gen Front Yard Setback 50 ft 75 ft 75 ft Side Yard Setback 20 ft 20 ft 20 ft Rear Yard Setback 25 ft 25 ft 50 ft Maximum Height 40 ft 40 ft 40 ft Subd. 4. Required Conditions. A. Acceptable, approved sanitary sewer service must be provided to all occupied structure. B. Zoning requests will be considered only on the basis of a Comprehensive Guide Plan for the entire area to be zoned and specific plans for initial structures and site development. C. Office uses as permitted in the Office District shall be permitted in the Industrial District. Office use in the Industrial District shall in no event exceed fifty percent (50%) of the total floor area of the structure. Such office use shall comply with all of the requirements of this chapter. D. Lots in all Districts except the RM and Park and Open Space Districts shall be required to have frontage on a public street. Corner lots shall have additional width equal to the minimum interior side yard requirement and shall in no case be less than ninety (90) feet. Subd. 4. Medical Cannabis *Entire Subdivision Deleted* Subd. 5. Sexually Oriented Businesses. A. Purpose and Findings. The purpose of this subdivision is to control, through zoning regulations, sexually oriented businesses, which have a direct and detrimental effect on the character of the City's residential and commercial neighborhoods. The City Council makes the following findings regarding the effect sexually oriented businesses have on the character of the City's neighborhoods. 1. Sexually oriented businesses can exert a dehumanizing influence on persons attending places of worship; children attending day care facilities; and students attending public or private schools. 2. Sexually oriented businesses can contribute to an increase in criminal activity in the area in which such businesses are located, taxing city crime-prevention programs and law- enforcement services. 3. Sexually oriented businesses can significantly contribute to the deterioration of residential neighborhoods and can impair the character and quality of the residential housing in the area in which such businesses are located, thereby exacerbating the shortage of affordable and habitable housing for City residents. 4. The concentration of sexually oriented businesses in one area can have a substantially detrimental effect on the area in which such businesses are concentrated and on the overall quality of urban life. A cycle of decay can result from the influx and concentration of sexually oriented businesses. The presence of such businesses is perceived by others as an indication that the area is deteriorating and the result can be devastating. Other businesses move out of the vicinity and residents flee from the area. Declining real estate values, which can result from the concentration of such businesses, erode the city's tax base and contribute to overall urban blight B. Permitted Use. Sexually oriented businesses are a permitted use in the I-2 and I-5 Industrial Park Districts as identified on the Zoning Map of the City of Eden Prairie subject to the restrictions contained in this subdivision. Sexually oriented businesses are prohibited in all other districts. C. Performance Standards. All sexually oriented businesses shall comply with the following performance standards: 1. No sexually oriented business may be located closer than one thousand (1,000) feet from any other sexually oriented business. Measurements will be made in a straight line, without regard to intervening structures or objects, from the nearest point of the property line of the building occupied by the sexually oriented business to the nearest point of the property line of the building occupied by the other sexually oriented business. 2. No sexually oriented business may be located closer than one thousand (1,000) feet from any place of worship, day care facility, or school. Measurements will be made in a straight line, without regard to intervening structures or objects, from the nearest point of the property line of the building occupied by the sexually oriented business to the nearest point of the property line of the building occupied by the place of worship, day care facility, or school. 3. No sexually oriented business may be located closer than one thousand (1,000) feet from any residential use. Measurements will be made in a straight line, without regard to intervening structures or objects, from the nearest point of the property line of the building occupied by the sexually oriented business to the nearest point of the property line of the building occupied by the residential use. D. Licensing. All sexually oriented businesses shall comply with the licensing requirements of City Code Section 5.77. E. Sign Regulations. In addition to the sign regulations contained in Section 11.70, the following sign regulations apply to all sexually oriented businesses in the City. Where a provision of this subsection E conflicts with a provision of Section 11.70, the more restrictive provision will apply. 1. All signs shall be wall signs. Free-standing signs, readerboard signs, and dynamic displays are prohibited. 2. The amount of allowable sign area is ten percent (10%) of the wall area that the sexually oriented business occupies of the wall to which it is affixed or thirty (30) square feet, whichever is less. 3. No merchandise, photos, or pictures of the products or entertainment on the premises may be displayed in window areas or any area where they can be viewed from the sidewalk or public right-of-way adjoining the building in which the sexually oriented business is located. 4. No signs may be placed in any window. A one (1) square foot sign may be placed on the door to state hours of operation and admittance to adults only. Subd. 6. General Provisions. Refer to Section 11.08 for provisions that apply to all zoning districts. Subd. 7. Landscaping. Refer to Section 11.42 for landscaping requirements. Subd. 8. Parking. Refer to in Section 11.43 for parking standards. Subd. 9. Architectural Standards. Refer to Section 11.46 for architectural standards. Subd. 10. Signs. Refer to Section 11.70 for sign regulations. Subd. 11. Shoreland Management. Refer to Section 11.50 for shoreland management standards. Subd. 12. Wetlands. Refer to Section 11.51 for wetland protection standards. Subd. 13. Land Alteration, Tree Preservation, and Stormwater Management. Refer to Section 11.55 for regulations regarding land alteration, tree preservation, and stormwater management. Subd. 14. Sloped Ground Development and Regulations. Refer to Section 11.60 for sloped ground development regulations. Subd. 15. Floodplain. Refer to Section 11.45 for floodplain regulations. Section 11.35 PUB Public District Subd. 1. Purposes. The purposes of the PUB - Public District are to provide a procedure for the orderly establishment of public facilities, expansion of their operations, or change in the use of lands owned by governmental agencies or entities that operate places of worship, cemeteries, private schools, and community centers as defined by City Code and for the identification of drainage ways and flood plains. Subd. 2. Permitted Uses. Refer to the table in Section 11.07. Subd. 3. Building Bulk and Dimension Standards. A. The following minimum standards apply in the Public district, unless otherwise noted: Standard Public Minimum Lot Size N/A Minimum Lot Width N/A Minimum Lot Depth N/A Front Yard Setback 50 ft Side Yard Setback 50 ft one side, both sides 150 ft Rear Yard Setback 50 ft Maximum Building Height 30 ft Maximum Floor Area Ratio (FAR) N/A Maximum Base Area Ratio (BAR) N/A B. The following minimum standards apply for all accessory structures in the Public district, unless otherwise noted: C. Lots in all Districts except the RM and Park and Open Space Districts shall be required to have frontage on a public street. Corner lots shall have additional width equal to the minimum interior side yard requirement and shall in no case be less than ninety (90) feet. Subd. 4. Private schools. In the Public District, a private school and related boarding facility shall be located on a parcel of land of not less than twenty-five (25) acres and shall have a floor-to-area ratio of 0.1 to 1.0. Such a use shall not include any outside storage. Subd. 5. General Provisions. Refer to Section 11.08 for provisions that apply to all zoning districts. Subd. 6. Landscaping. Refer to Section 11.42 for landscaping requirements. Subd. 7. Parking. Refer to in Section 11.43 for parking standards. Subd. 8. Architectural Standards. Refer to Section 11.46 for architectural standards. Subd. 9. Signs. Refer to Section 11.70 for sign regulations. Subd. 10. Shoreland Management. Refer to Section 11.50 for shoreland management standards. Subd. 11. Wetlands. Refer to Section 11.51 for wetland protection standards. Subd. 12. Land Alteration, Tree Preservation, and Stormwater Management. Refer to Section 11.55 for regulations regarding land alteration, tree preservation, and stormwater management. Subd. 13. Sloped Ground Development and Regulations. Refer to Section 11.60 for sloped ground development regulations. Subd. 14. Floodplain. Refer to Section 11.45 for floodplain regulations. Section 11.36 GC Golf Course District Subd. 1. Purposes. The purpose of the GC-Golf Course District is to specify a land use district applicable and consistent with the historical and contractual development and use of the City's golf courses. Subd. 2. Permitted Uses. Refer to the table in Section 11.07. Subd. 3. Building Bulk and Dimension Standards. A. The following minimum standards apply in the Golf Course district, unless otherwise noted: Standard Golf Course Standard Public Front Yard Setback 50 ft Side Yard Setback 30 ft Rear Yard Setback 30 ft Maximum Height 30 ft Minimum Lot Size 75 acres Minimum Lot Width 100 ft Minimum Lot Depth 300 ft Front Yard Setback 35 ft Side Yard Setback 20 ft Rear Yard Setback 10 ft Maximum Building Height 30 ft Maximum Floor Area Ratio (FAR) 0.3—1 Story 0.5—Multi Story Maximum Base Area Ratio (BAR) 0.3 B. The following minimum standards apply for all accessory structures in the Golf Course district, unless otherwise noted: C. Lots in all Districts except the RM and Park and Open Space Districts shall be required to have frontage on a public street. Corner lots shall have additional width equal to the minimum interior side yard requirement and shall in no case be less than ninety (90) feet. Subd. 4. General Provisions. Refer to Section 11.08 for provisions that apply to all zoning districts. Subd. 5. Landscaping. Refer to Section 11.42 for landscaping requirements. Subd. 6. Parking. Refer to Section 11.43 for parking standards. Subd. 7. Architectural Standards. Refer to Section 11.46 for architectural standards. Standard Public Front Yard Setback 35 ft Side Yard Setback 30 ft Rear Yard Setback 30 ft Maximum Height 30 ft Subd. 8. Signs. Refer to Section 11.70 for sign regulations. Subd. 9. Shoreland Management. Refer to Section 11.50 for shoreland management standards. Subd. 10. Wetlands. Refer to Section 11.51 for wetland protection standards. Subd. 11. Land Alteration, Tree Preservation, and Stormwater Management. Refer to Section 11.55 for regulations regarding land alteration, tree preservation, and stormwater management. Subd. 12. Sloped Ground Development and Regulations. Refer to Section 11.60 for sloped ground development regulations. Subd. 13. Floodplain. Refer to Section 11.45 for floodplain regulations. Section 11.37 P Park and Open Space District Subd. 1. Purposes. The Park and Open Space District is established to: A. promote, preserve, and protect publicly owned parks and open space through conservation and appropriate and compatible development; B. provide opportunities for active and passive indoor and outdoor recreation and leisure activities integral to the overall quality of life; C. protect natural resources including grassland, forest, wetlands and other features; D. enhance property values and further the purposes of the City's Park and Open Space System Plan. Subd. 2. Definitions. The following terms, as used in this section, shall have the following meanings stated: Front yard, perimeter means the area between the perimeter front lot line and the required front setback extending across that portion of a park property adjacent to the exterior streets. Historical Property means a Historic Preservation Site as designated in this chapter and/or a district, site, building, structure or object on the National Register of Historic Places. Lot Line, perimeter means the boundary that encompasses the entire park property which may include multiple parcels that function as a single site. Park Property means a single parcel or multiple parcels that function as a single site. When a street crosses a park property, the park property is still considered a single site. Public Recreation means any use commonly provided for and open to the public at parks, playgrounds, community centers, or other similar sites owned or operated by a unit of government for the purpose of providing recreation. Rear yard, perimeter means the area lying between the perimeter rear lot line and the required rear setback line extending from the perimeter side lot lines. Side yard, perimeter means the area between the perimeter side lot line and the required side setback extending from the perimeter front lot line to the perimeter rear lot line. Subd. 3. Permitted Uses. Refer to the table in Section 11.07. Subd. 4. Lots and Accessory Structures and Uses A. Lots/Parcels. Park property may consist of one (1) or more lots or parcels that for the purposes of this section function as one (1) site. Setbacks for parking lots, buildings, and accessory structures and use shall be measured from the perimeter lot line that encompasses the park property. B. Accessory Structures and Uses. Accessory structures and uses in the Park and Open Space District may be located on the same lot as the principal use or structure or on another lot within the park property. An accessory structure or use may occur without a primary structure and may be allowed in the perimeter front yard setback up to fifteen (15) feet from the property line. Subd. 5. Parking Lot Design. The following parking lot screening and parking setbacks shall be applicable to new or enlarged parking areas after the effective date of the adoption of this section: A. Parking Lot Location. Off-street parking facilities shall be on the same parcel or parcels of land that contain the structure or use that the parking is intended to serve. B. Parking Setbacks. Parking areas shall be at least twenty (20) feet from any front lot line, ten (10) feet from any side lot line and fifty (50) feet from any rear lot line and shall be at least five (5) feet from a building. C. Parking Lot Screening. Off-street parking areas shall be screened from adjacent differing land uses and the public right-of-way as required in Section 11.03. D. Parking Surface. All parking lots shall be surfaced in accordance with Section 11.03. E. Parking Lot Islands. Parking lot islands shall be included at the ends of parking aisles rows and shall include planting material. Each island shall be a minimum of one hundred sixty (160) square feet and no dimension shall be less than five (5) feet. F. Shared Use Parking. Shared use parking is allowed between a park and an adjacent public district when it can be demonstrated to the reasonable satisfaction of the City Planner that the uses have different peak hour parking demands. If shared parking is allowed the parties shall enter into a shared parking agreement in form and substance as approved by the City Planner. Overflow parking is allowed between two (2) park properties. Subd. 6. Building Bulk and Dimension Standards. A. Building Setbacks shall be measured from the perimeter lot line. B. The following minimum standards apply in the Park and Open Space District, unless otherwise noted: Standard Parks and Open Space Minimum Lot Size N/A Minimum Lot Width N/A Minimum Lot Depth N/A Front Yard Setback 35 ft Side Yard Setback 25 ft Rear Yard Setback 50 ft Maximum Building Height 30 ft Maximum Floor Area Ratio (FAR) N/A Maximum Base Area Ratio (BAR) N/A C. The following minimum standards apply for all accessory structures in the Park and Open Space District, unless otherwise noted: Standard Public Front Yard Setback 35 ft Side Yard Setback 10 ft Rear Yard Setback 10 ft Maximum Height 30 ft Subd. 7. Fencing. Fencing associated with athletic fields, ball diamonds, courts and similar uses may exceed seven (7) feet in height. Fencing not associated with athletic fields, diamonds, courts or similar use shall be limited to seven (7) feet in height and may occupy any perimeter yard. No fence, hedge or other planting exceeding thirty (30) inches in height or trees pruned even to a height less than eight (8) feet shall be permitted where there will be interference with traffic sight distance Subd. 8. Landscaping. Landscaping required after the effective date of the adoption of this section shall comply with the following: A. Mechanical equipment screened in accordance with this chapter. B. General screening in this chapter. C. Native plant material is encouraged consistent with this chapter. D. Landscaping shall include a combination of trees, shrubs, perennials, and ornamental grasses to create a diverse and balanced design. Subd. 9. Architectural Standards. All new buildings, including storage and equipment buildings, in the Park and Open Space District that require a building permit, are visible from the public right-of-way, street, and/or an adjacent differing land use and constructed after the effective date of this ordinance (date) shall comply with the following: The City's Design Guidelines shall be used as the standards for the architectural design of the buildings in the Park and Open Space District. The architectural design should be compatible with the built environment surrounding the park, fit the context of the site and further the intent and goals of the Design Guidelines including the development of high quality projects balanced with aesthetics, function, surrounding environment, and economics. Subd. 10. Lighting Standards. Athletic Field Lighting Fixtures: Light poles (not including base) shall be a maximum height of one hundred (100) feet with downcast and cut off lens. Lighting shall be directed toward the athletic field. All new lighting fixtures and poles installed in the Park and Open Space District after the effective date of the adoption of this section shall comply with the following: A. Lighting shall not exceed a maximum of 0.5 foot candles as measured at the perimeter property line demonstrated with a photometric plan. B. Glare, whether direct or reflected, such as from spotlights or high temperature processes, and as differentiated from general illumination, shall not be visible beyond the limits of the immediate site from which it originates. C. Parking Lot Lighting Fixtures: Light poles shall be a maximum height of twenty (25) feet as measured from grade with downcast and cut off lens. Full cutoff lighting fixtures shall be used in order to minimize ambient light pollution and side glare. Parking lot lighting fixtures in the interior portions of the parking lot are not required to be located in islands. Subd. 11. General Provisions. Refer to Section 11.08 for provisions that apply to all zoning districts. Subd. 12. Parking. Refer to Section 11.43 for parking standards. Subd. 13. Signs. Refer to Section 11.70 for sign regulations. Subd. 14. Shoreland Management. Refer to Section 11.50 for shoreland management standards. Subd. 15. Wetlands. Refer to Section 11.51 for wetland protection standards. Subd. 16. Land Alteration, Tree Preservation, and Stormwater Management. Refer to Section 11.55 for regulations regarding land alteration, tree preservation, and stormwater management. Subd. 17. Sloped Ground Development and Regulations. Refer to Section 11.60 for sloped ground development regulations. Subd. 18. Floodplain. Refer to Section 11.45 for floodplain regulations. Section 11.38 Heritage Preservation Sites (moved to new Section number, content unchanged) Subd. 1. Declaration of Public Policy and Purpose. The Council of the City of Eden Prairie (hereinafter the "Council") declares as a matter of public policy that the preservation, protection, perpetuation and use of areas, places, buildings, structures, and other objects have historic, aesthetic or community interest or value, benefits the health, prosperity, education and welfare of the community. The purposes of this chapter are to: (1) Safeguard the heritage of the City by preserving sites and structures which reflect significant elements of the City's cultural, social, economic, political, visual or architectural history; (2) Promote the preservation and continued use of historic sites and structures for the education and general welfare of the people of the City; and (3) Foster civic pride in the beauty and notable accomplishments of the past. Subd. 2. Definitions. A. The following terms, as used in this section, shall have the following meanings: Alteration means any act or process which changes one (1) or more of the exterior architectural features of a building, or landform. Archaeological resources means archaeological artifacts, objects, or sites as defined in regulations promulgated under the Archeological Resources Protection Act of 1979, 16 USC Section 470. Building means an enclosed structure with walls and a roof, consciously created to serve a residential, industrial, commercial, agricultural, or other human use. Certificate of Appropriateness means a certificate issued by the City Council authorizing alteration, construction, restoration, relocation or demolition of a designated Heritage Preservation Site in accordance with the provisions of this chapter. Commission means the Heritage Preservation Commission of the City. Cultural resource means a building, object, monument, structure, site or geographically definable area, such as an historic district or archaeology site that possesses a significant concentration, linkage or continuity of historically significant resources. Demolition means any act or process that destroys in part or in whole a cultural resource including the removal of any material constituting part of a structure other than for the purposes of ordinary maintenance or repair, which if removed affects the exterior appearance of the structure, which reduces the stability or longevity of the structure and impairs its historic or architectural integrity. Demolition by neglect means any total or partial destruction of or damage to a structure or any portion thereof due to failure to adequately maintain or repair the structure. Exterior appearance means the design, architectural style, general arrangement, ornament, character and general composition of the exterior of a cultural resource, including but not limited to the kind, color and texture of the building material and type, design, style and character of all windows, doors, light fixtures, signs and appurtenant elements. Historic District means a geographically definable area designated by the City Council conveying a sense of time and place due to the historic and architectural merits of the area. A historic district may also comprise contributing and noncontributing elements separated geographically but linked by association or history. Integrity means the authenticity of a cultural resource's historical identity evidenced by its survival of physical characteristics that existed during the property's historic or prehistoric period. Maintenance means all activities necessary to prolong the useful life and aesthetic appearance of a cultural resource. Minor work means small scale repairs and ordinary maintenance to correct problems or damage to the exterior that does not include a change in design, material, or outward appearance of the cultural resource. Examples of minor work include, but are not limited to, touch-up painting, window and door repair, caulking, fastening loose materials and roofing repairs. National Register of Historic Places means the national list of districts, sites, buildings, structures and objects significant in American history, architecture, archaeology, engineering or culture maintained by the Secretary of the Interior under authority of Title 16 USC, Section 101(a)(1)(A) (National Historic Preservation Act) as amended Object means a material item of functional, aesthetic, cultural, historical, or scientific value that may be, by nature or design, movable yet related to a specific setting or environment. Preservation means the identification, evaluation, recordation, documentation, curation, acquisition, protection, management, rehabilitation, restoration, stabilization, maintenance and reconstruction of cultural resources. For the purposes of development of cultural resources, preservation means the act or process of applying measures to sustain the existing form, integrity and material of a building or structure and the existing form and vegetative cover of a site. It may include initial stabilization work, where necessary, as well as ongoing maintenance of the historic building materials. Protection means the act or process of applying measures designated to affect the physical condition of a cultural resource by defending or guarding it from deterioration, loss, or to cover or shield the cultural resource from danger or injury. In the case of buildings and structures, such treatment is generally of a temporary nature and anticipates future historic preservation treatment; in the case of archaeological sites, the protective measure may be temporary or permanent. Reconstruction means the act or process of reproducing by new construction the exact form and detail of a vanished cultural resource, or part thereof, as it appeared at a specific period of time. Rehabilitation means the act or process of returning a cultural resource to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the cultural resource which are significant to its historical, architectural and cultural values. Repair means the replacement of deteriorated materials which are impractical to save, such as broken window glass or severely rotted wood and the reclamation of items worn to the point that they can no longer perform their intended function. Material used for repairs on cultural resources should be as close as possible to the original in composition of materials, in method of fabrication and in manner of erection. Restoration means the act or process of accurately recovering the form and details of a cultural resource and its setting as it appeared at a particular period of time by means of the removal of later work or by replacement of missing earlier work. Secretary of Interior Standards for treatment of historic properties means the preservation, rehabilitation, restoration and reconstruction standards adopted by the U.S. Department of Interior codified in 36 CFR Part 68, as may be amended from time to time. Site means the location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing or vanished, where the location itself maintains historical or archaeological value regardless of the value of any existing structure. Stabilization means the act or process of applying measures designed to reestablish a weather resistant enclosure and the structural stability of an unsafe or deteriorated cultural resource while maintaining the essential form as it exists at present. Structure means a constructed work, usually immovable by nature or design, consciously created to serve some human activity. Examples are buildings of various kinds, monuments, dams, roads, railroad tracks, canals, millraces, bridges, tunnels, locomotives, nautical vessels, stockades, forts and associated earthworks, Indian mounds, ruins, fences, and outdoor sculpture. For purposes of Section 11.05 "structure" is limited to functional constructions other than buildings. Subd. 3. Designation of Heritage Preservation Sites. A. Reports. The Council may direct the City staff to prepare studies which catalog buildings, land, areas, historic districts or other objects to be considered for designation as a Heritage Preservation Site. B. Criteria for Eligibility. The Commission shall recommend to the Council that an area, building, historic district, or object be designated a Heritage Preservation Site, when: (i) the quality in American history, architecture, archaeology, engineering, and culture is present in the historic district, site, building, structure or object and (ii) the historic district, site, building structure or object possess integrity of location, design, setting, materials, workmanship, feeling, and association and (iii) the historic district, site, building, structure or object meets one (1) or more of the criteria listed below. 1. It is associated with events that have made a significant contribution to the broad patterns of our history; or 2. It is associated with the lives of persons significant in our past; or 3. It embodies the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or 4. It has yielded or may be likely to yield, information important in prehistory or history. C. Planning Commission Review. The Commission shall advise the Planning Commission of the proposed designation of a Heritage Preservation Site, including boundaries, and a program for the preservation of a Heritage Preservation Site, and secure the Planning Commission's recommendation with respect to the relationship of the proposed heritage preservation designation to the Comprehensive Plan of the City, and the City Planning Commission's opinion as to the effect of the proposed designation upon the surrounding neighborhood and any other planning consideration which may be relevant to the proposed designation. The Commission may make such modifications, changes, and alterations concerning the proposed designation as it deems necessary in consideration of the recommendation and opinion of the Planning Commission. The Planning Commission shall also give its recommendation of approval, rejection or modification of the proposed designation to the Council. D. Communications with State Historical Society. A copy of the Commission's proposed designation of a Heritage Preservation Site, including boundaries, and a program for the preservation of a Heritage Preservation Site, when received by the City, shall be sent to the State Historical Society in accordance with Minnesota Statutes. E. Findings and Recommendations. The Commission shall make findings as to whether a proposed Heritage Preservation Site is eligible for heritage preservation as determined by the criteria specified in Paragraph B of this subdivision. If the Commission determines the site meets the criteria in Paragraph B, it shall forward its findings to the Council with its recommendation that the site be designated for heritage preservation and its proposed program for the preservation of the site. F. Council Designation. The Council shall consider the Commission's recommendation that a site be designated for Heritage Preservation, together with the Planning Commission's recommendations, and may, upon the request of the Commission, by ordinance designate a Heritage Preservation Site. Subd. 4. Amendment or Recession of Designation. A Heritage Preservation Site designation may be amended or rescinded following the same process for the original designation. Subd. 5. Suffix "HP." For purposes solely of identification, a site designated by ordinance as a Heritage Preservation Site may be identified with the suffix "HP" following its underlying zoning classification and any other overlay zoning. Subd. 6. Heritage Site Preservation Plan and Hearings. A. Within such time as is established by the City Council following City Council approval of the Heritage Preservation Site designation, the applicant shall prepare and submit to the Commission for approval a Heritage Site Preservation Plan, which sets forth necessary preservation guidelines, including identification of significant features. B. Hearings. Prior to the Commission recommending to the Council any building, historic district, or object for designation as a Heritage Preservation Site, the Commission shall hold a public hearing on the proposed designation. Prior to such hearing, the Commission shall cause to be published in a newspaper of general circulation notice of the hearing at least ten (10) days prior to the date of the hearing, and notice of the hearing shall be sent to all owners of the property proposed to be designated a Heritage Preservation Site and to all property owners within three hundred fifty (350) feet of the boundary of the area to be designated a Heritage Preservation Site. Subd. 7. Additional Powers and Duties of the Commission. A. The Commission may recommend to the Council after review and comment by the City Planning Commission, that certain property eligible for designation as a Heritage Preservation Site be acquired by gift, negotiation or by eminent domain as provided for in Chapter 117 of the Minnesota Statutes. B. The Commission shall have the powers and duties specified in Chapter 2, Section 2.18 in addition to those otherwise specified in this chapter. Subd. 8. Alterations. A. A Certificate of Appropriateness is required to do any of the following to a Heritage Preservation Site: 1. Remodel, alter, or substantially change the exterior appearance of a historic building, site or landmark. 2. Erect a building or any structure. 3. Erect signs. 4. Move from or to any building. 5. Demolish any building in whole or in part. This does not apply to structures to be demolished in accordance with Minnesota Statutes Chapter 463. 6. Alter or remove a land form in whole or in part. The application for a Certificate of Appropriateness shall be accompanied by detailed plans including a site plan, building elevations and design details, and materials necessary to evaluate the request. The Council shall make the determination whether to approve or disapprove the permit. B. Commission Recommendation. The Commission shall review each application and make its recommendation to the Council relative to the request for a Certificate of Appropriateness. The Commission shall also review and make recommendations to the Council concerning City sponsored construction projects or development projects aided by the City that could change the nature or appearance of a Heritage Preservation Site. C. Criteria for Certificate of Appropriateness. All recommendations by the Commission and decisions by the Council to approve, disapprove, and/or impose conditions on a Certificate of Appropriateness shall be in accordance with the program approved by the Council and the State Historical Society for each Heritage Preservation Site. The following General Standards for Historic Preservation Projects issued by the Secretary of the Interior shall be used to evaluate applications of Certificate of Appropriateness: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive features should be avoided when possible. 3. All buildings, structures and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to, any acquisition, stabilization, preservation, rehabilitation, restoration or reconstruction project. 9. The Commission and the Council shall also consider, when appropriate, the Secretary of the Interior's Specific Standards for Preservation Projects. D. Criteria for Certificate of Appropriateness for Demolition of Historic Preservation Site. In addition to the criteria listed in Subdivision 7.C, the following criteria shall also apply to an application for demolition of a Heritage Preservation Site. A Certificate of Appropriateness for the demolition or partial demolition of a historic resource shall not be granted without the review and approval of a completed application. The review shall consider the following: 1. The public's interest in the preservation of the cultural resource. 2. The ability of the cultural resource to reasonably meet the National, State or local criteria for designation as a Heritage Preservation Site. 3. The age of the cultural resource, its significant features, unusual or uncommon design, texture, and/or material and its ability to be reproduced without unreasonable difficulty and/or expense. 4. The ability of the cultural resource to help preserve and protect a historic place or prehistoric site or area of historic interest in the City. 5. The ability of the historic resource to promote the general welfare of the City by: a. Encouraging the study of American history, architecture and design; b. By developing an understanding of the importance and value of the American culture and heritage; and c. By making the City a more attractive and desirable place in which to live. 6. The cost and economic feasibility of restoring the cultural resource. E. No owner or any other person shall demolish or undertake to demolish a Heritage Preservation Site without a Certificate of Appropriateness. F. Findings. The Council shall make findings as to whether a Certificate of Appropriateness application should be approved or disapproved, or conditions imposed, as determined by the criteria specified in Paragraphs C and D of this subdivision. G. Hearings. Prior to the Council making its decision regarding an application for a Certificate of Appropriateness for a Heritage Preservation Site, the Council shall hold a public hearing on the application. Prior to such hearing the Council shall cause to be published in a newspaper of general circulation notice of the hearing at least ten (10) days prior to the date of the hearing, and notice of the hearing shall be sent to all owners of the property for which a Heritage Preservation Site Certificate of Appropriateness application has been submitted and to all property owners within three hundred fifty (350) feet of such property. H. Limitations. If within sixty (60) days from the filing of a completed application for a Certificate of Appropriateness for site alteration the Commission has not made a recommendation of approval or disapproval to the Council, the application shall be forwarded to the Council for approval or disapproval of the permit without the Commission's recommendation. Subd. 9. Minor Work. A. Nothing in this section shall be construed to prevent minor work. Minor work does not require a Certificate of Appropriateness. The criteria set forth in Subdivision 8.C shall be followed to the extent practicable. B. Minor work should replace like-with-like, using the same materials and the same construction methods as originally used. Subd. 10. Archaeological Resources and Traditional Cultural Properties. Special Consideration. The City's archaeological resources are part of its heritage and community fabric. These resources are important to the City's past and are irreplaceable and need to be protected from deterioration and site damage. Though considered historic resources under this ordinance, the City acknowledges that archaeological resources have distinct differences. The City shall maintain an inventory of known archaeology sites and potentially sensitive areas. Subd. 11. Demolition. A. Except as otherwise provided in this section, the Building Official shall not issue a permit to demolish a designated Heritage Preservation Site until after a Certificate of Appropriateness is issued. No owner or any other person shall demolish or undertake to demolish a designated Heritage Preservation Site or an element within a designated Heritage Preservation Site without a Certificate of Appropriateness. B. No owner or person with an interest in real property designated as a Heritage Preservation Site shall allow property to fall into a serious state of disrepair without obtaining a Certificate of Appropriateness. Examples of such deterioration include, but are not limited to, the following: 1. Deterioration of exterior walls or other vertical supports. 2. Deterioration of roofs or other horizontal members. 3. Deterioration of exterior chimneys. 4. Deterioration, crumbling or spalling of exterior stucco, masonry or mortar. 5. Lack of waterproofing of exterior walls, roofs, or foundations; including broken windows or doors that prove ineffective. 6. Deterioration of any feature so as to create a hazardous condition that requires the demolition of the Property for public safety purposes. 7. Deterioration of ornamental features. Subd. 12. Enforcement. If inspection finds that the work is not in compliance with the Certificate of Appropriateness the City may suspend the Certificate of Appropriateness and issue a "Stop Work Order". No further work shall be undertaken on the project as long as a "Stop Work Order" is in effect except for work necessary to remedy the cause of the suspension. Subd. 13. Emergency Repair. In emergency situations where immediate temporary repair is needed to protect the safety of the structure and its inhabitants, the Building Department, may approve the temporary repair without prior Commission or Council action. Subd. 14. Repository for Documents. The office of the City Clerk is designated as the repository for at least one (1) copy of all studies, reports, recommendations and programs required under this Section 11.05. Subd. 15. Recording of Heritage Preservation Sites. The office of the City Clerk shall record the designation of buildings, lands or areas as Heritage Preservation Sites with the Hennepin County Recorder or the Hennepin County Registrar of Titles, unless the County Recorder or Registrar of Titles refuses to record such designation, and shall transmit a copy of the recording document to the Building Department. Section 11.39 Towers and Antennas (moved to new Section number, content unchanged) Subd. 1. Purpose. In order to accommodate the communication needs of residents and business while protecting the public health, safety, and general welfare of the community, the Council finds that these regulations are necessary in order to: A. Facilitate the provision of wireless services to the residents and businesses of the City; B. Minimize adverse visual effects of towers through careful design and siting standards; C. Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and D. Maximize the use of existing and approved towers and buildings to accommodate new wireless antennas in order to reduce the number of towers needed to serve the community. Subd. 2. Prohibition. No tower, antenna or wireless equipment shall be erected, constructed, maintained, altered or used unless in compliance with this section. Subd. 3. Towers in Rural and Residential Zoning Districts. Towers shall be allowed in the Rural and Residential Zoning Districts only as follows: A. Towers for amateur radio communication and conforming to all applicable provisions of this Code shall be allowed only in the rear and side yards of rural and residential zoned lots. B. Towers for wireless services and conforming to all applicable provisions of this Code shall be allowed only in the following residentially-zoned locations: 1. Parks, when compatible with the nature of the park; 2. Schools; and 3. Public streets and rights-of-way when attached to, or part of a public utility structure. Subd. 4. Height. A. The height of a tower shall be determined by measuring the vertical distance from the point of contact with the ground of the tower or the structure to which it is attached (if attached) to the highest point of the tower, including all antennas and other attachments. B. In all zoning districts the maximum height of a tower, except those which are public utility structures located within a public street or right-of-way, shall not exceed one (1) foot for each four (4) feet the tower is setback from a Rural or Residential Zoning District up to a maximum height of one hundred fifty (150) feet. C. No antenna shall extend more than twenty (20) feet above the highest point of a public utility structure. Subd. 5. Setbacks and Location. Towers shall conform with each of the following minimum requirements: A. Towers, except those which are public utility structures, located within a public street or right-of- way, shall meet the setbacks of the underlying zoning district, except industrial zoning districts where towers may encroach into the rear setback area, provided that the rear property line abuts another industrially zoned property and the tower does not encroach upon any easements. B. Towers, except those which are public utility structures, located within a public street or right-of- way shall not be located between a principal structure and a public street, with the following exceptions: 1. In industrial zoning districts, towers may be placed within a side yard abutting an internal street. 2. On sites adjacent to public streets on all sides, towers may be placed within a side yard abutting a street. C. Towers which are public utility structures located in a public street or right-of-way need not be setback from a street or right-of-way line. D. A tower's setback may be reduced or its location in relation to a public street varied, at the sole discretion of the City Council, to allow the integration of a tower into an existing or proposed structure such as a Place of Worship steeple, light standard, power line support device or similar structure. Integration may include replication of the existing or proposed structure by a new structure provided the new structure is substantially similar in design and color to the exiting or proposed structure and extends no more than twenty (20) feet above the highest point of the existing or proposed structure. Subd. 6. Exceptions. The provisions of Subdivisions 4 and 5 shall not apply to the following: 1. Water towers and poles supporting emergency warning devices to which are attached antennas. 2. Place of Worship sanctuaries, steeples and bell towers to which are attached antennas. 3. In accordance with the preemption ruling PRB1 of the Federal Communications Commission, towers for amateur radio communication that comply with other provisions of this chapter relating to towers. Subd. 7. Co-Location Requirements. All towers for wireless service erected, constructed, or located within the City shall comply with the following requirements: (Source: Ordinance No. 22-2017, 12-21-2017) A. A proposal for a new tower for wireless service shall not be approved unless the City Manager or his designee finds that the antenna or wireless equipment intended to be attached to the proposed tower cannot be accommodated on an existing or approved tower, public utility structure, or building within one (1) mile (one-half (½) mile for towers under one hundred twenty (120) feet in height, one-quarter (¼) mile for towers under eighty (80) feet in height) of the proposed tower due to one (1) or more of the following reasons: (Source: Ordinance No. 22-2017, 12-21-2017) 1. The planned equipment would exceed the structural capacity of the existing or approved tower, public utility structure or building, as documented at applicant's expense by a qualified registered professional engineer, and if owned by applicant the existing or approved tower, public utility structure or building, cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost. 2. The planned equipment would cause interference materially impacting the usability of the existing or planned equipment at the tower, public utility structure or building as documented at applicant's expense by a qualified registered professional engineer and the interference cannot be prevented at a reasonable cost. 3. Existing or approved towers, public utility structures and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented at applicant's expense by a qualified registered professional engineer. 4. Other reasons (including but not limited to economic considerations) that make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower, public utility structure or building. Subd. 8. Tower and Antenna Design Requirements. Proposed or modified towers and antennas shall meet the following design requirements: A. Towers and antennas shall be designed to blend into the surrounding environment to the maximum extent possible through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration. B. Towers for wireless service, except those which are public utility structures, shall be of a monopole design unless the City Manager or his designee determines that an alternative design would better blend in to the surrounding environment. (Source: Ordinance No. 22-2017, 12-21-2017) C. Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower and then only at such time or times required. Strobe lights shall not be permitted during the hours between sundown and sunrise. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower. D. Metal towers shall be constructed of, or treated with, corrosive resistant material. Wood poles shall be impregnated with rot resistant substances. E. No antenna or tower shall have affixed or attached to it in any way, except during time of repair or installation, any lights, reflectors, flashers, or other illuminating device, except as required by the Federal Aviation Administration or the Federal Communications Commission, nor shall any tower have constructed thereon, or attached thereto, in any way, any platform, catwalk, crow's nest, or like structure, except during periods of construction or repair. F. The face of an antenna having one (1) face shall not exceed thirty (30) square feet. No face of an antenna having more than one (1) face shall exceed twenty-four (24) square feet per face. Subd. 9. Wireless Equipment in a Public Right-of-Way. Wireless equipment located in a public right- of- way must meet the following requirements: (Source: Ordinance No. 22-2017, 12-21-2017) A. Location and Setbacks. Wireless equipment shall be located on the ground beside or adjacent to a tower for wireless service and shall meet the following minimum setback requirements: 1. Ten (10) feet from the existing or planned edge of the pavement; 2. Three (3) feet from a sidewalk or trail; 3. Fifty (50) feet from the nearest intersection right-of-way line; and 4. Fifty (50) feet from the nearest principal residential structure. B. Screening. Wireless equipment located in a public right-of-way and possessing one (1) or more of the following characteristics shall be physically screened from all public roads and adjacent differing land uses within a utility cabinet: 1. Irregular in size and shape; 2. Exposed and/or protruding fans, grills, pipes, tubes, wires, or vents; 3. Unfinished metal covering, exposed rivets, or exposed seams. Screening shall be required at the time of initial installation or at the time of antenna equipment upgrade. C. Permit. Wireless equipment that obstructs a public right-of-way shall receive a right-of-way permit from the City or other appropriate road authority. (Source: Ordinance No. 3-2014, 2-27-2014) Subd. 10. Interference with Public Safety Telecommunications. No new or existing wireless services shall interfere with public safety wireless telecommunications. Subd. 11. Required Approval. Except when review and approval is required pursuant to City Code Section 11.47,11.03, Subdivision 6.B a tower may not be constructed or increased in size or capacity without the approval of the City Manager or his designee. In the event an application for a tower is disapproved by the City Manager or his designee, the City Manager or his designee shall state the decision, together with the reasons therefor in writing. A notice of, and the written decision shall be given to the applicant by mail at the address stated in the application or such other address as applicant directs by written request to City prior to the giving of such notice. Within thirty (30) days applicant may appeal the decision of the City Manager or his designee to the City's Board of Adjustments and Appeals in accordance with City Code Section 2.11. Subd. 12. Application. An applicant for a permit for the construction of a new tower or alteration of an existing tower including antenna replacement and associated modifications shall make a written application to the City. The application shall include, but not be limited to the following: (Source: Ordinance No. 10-2018, 5-24-2018) 1. Name, address, telephone and fax numbers of applicant. 2. Location of proposed tower, including the legal description. 3. The locations of all existing towers within one (1) mile of the location of the proposed tower, together with the distances between the existing towers and the proposed tower. 4. Description of the tower, including its height, size of base, configuration, design, number of antennas to be attached to the tower, potential for additional antennas, color and camouflage treatment and lighting, if any, and materials out of which the tower will be constructed. 5. A certificate by a qualified registered professional engineer in such form as approved by the City Manager or his designee that the applicant's wireless services equipment cannot be accommodated on an existing tower in accordance with Subdivision 7.A. hereof and a certificate by a qualified registered professional engineer selected or approved by the City Manager or his designee that the wireless services to be accommodated on the proposed tower or increase in size or capacity of an existing tower will not interfere with public safety wireless telecommunications. 6. The application shall be accompanied by payment of such fees as provided by City Council resolution. Fees shall include reimbursement to City of its costs, including those incurred for consulting and technical advice relating to the proposed tower. (Source: Ordinance No. 22-2017, 12-21-2017) Subd. 13. Wireless Support Structures and Small Wireless Facilities in the Public Right-of-Way. A. Wireless support structures for the siting of small wireless facilities in the public right-of-way are a permitted use in the public right-of-way in all zoning districts, except the R-1 One Family Residential Districts where they are a conditional use as described in Section 11.41. B. No person shall place a wireless support structure or small wireless facility in the public right-of- way unless in compliance with the requirements of Section 6.03. Subd. 14. Spectrum Act Eligible Facilities Requests. No application to modify an existing wireless structure that meets the definition of an "eligible facilities request" under Section 6409(a) of the Spectrum Act, 47 U.S.C. § 1455 (the "Act"), shall be approved unless the requested action is in accordance with the requirements of the Act and the regulations contained in 47 C.F.R. § 1.6100, all as may be amended from time to time, and then only in accordance with the following: A. An applicant shall submit such a request on the form provided by the City. The application form shall require that the applicant provide all information necessary for the City to determine whether the request is an "eligible facilities request" under the Act. Further, the applicant shall include with the application all information, documents, and fees required by Subdivision 12 of this section, a narrative description explaining how the request meets the definition of an "eligible facilities request" under the Act, and such further information deemed necessary by the City to determine whether the request is an "eligible facilities request." B. An application for an "eligible facilities request" shall be approved or disapproved by the City Manager or his or her designee in accordance with Subdivision 11 of this section. C. "Eligible facilities requests" are not subject to the provisions of this Section 11.06 or any other provisions of Chapter 11 that are contrary to the Act. Section 11.40 Planned Unit Development (unchanged) Subd. 1. PUD Concept Review. Any person or persons who may apply for a PUD may request a concept review ("PUD Concept Review") with respect to land which may be subject to a PUD. The purpose of a PUD Concept Review is to afford such persons an opportunity, without incurring substantial expense, to have the general feasibility of a PUD proposal considered. PUD Concept Review shall consist generally of an informal consideration by the Planning Commission and the Council of such person's PUD proposal. PUD Concept Review may be held with a public hearing. An application of PUD Concept Review may provide such information with respect to the request as the applicant shall deem appropriate in consultation with the City Planner. An applicant for PUD Concept Review shall pay all fees and costs provided for in this chapter. Upon conclusion of a PUD Concept Review the Planning Commission and Council may make such recommendations and comments and take such action with respect to the proposal as they deem appropriate, provided, however, no approval under this section shall constitute, or in the future require, approval or formal establishment or designation of a PUD, zoning or subdivision by the Council of the land which is the subject of the PUD Concept Review. Subd. 2. Definition. As used in this section, the term "original district" means a zoning district described in this chapter. Subd. 3. Zoning District Supplement. Planned Unit Development District ("PUD") is supplementary to a zoning district within or encompassing all or a portion or portions of one (1) or more original districts in accordance with the provisions of this chapter. Subd. 4. Purpose. The purpose of this section is to: (1) Encourage a more creative and efficient approach to the use of land in the City; (2) Allow variety in the types of environment available to the people of the City; (3) Encourage more efficient allocation and maintenance of privately controlled common open space through the distribution of overall density of population and intensity of land use where such arrangement is desirable and feasible; and, (4) Provide the means for greater creativity and flexibility in environmental design than is provided under the strict application of the provisions of this chapter and Chapter 12 (relating to Subd.s) of this Code while at the same time preserving the health, safety, order, convenience, prosperity, and general welfare of the City and its inhabitants. Subd. 5. Designation. All PUD's shall be designated in the legal description of the original district being supplemented. (Source: City Code, 9-17-1982) Subd. 6. Repealed. (Source: Ordinance No. 3-2000, 1-27-2000) Subd. 7. Permitted Uses. The permitted uses set forth in this chapter pertaining to the original district or districts within a PUD shall apply to and be permitted uses in that part of a PUD in which such a district is encompassed, except as such use or uses may be limited by a development plan, an agreement or imposed by the City as a condition to approval of the PUD. Subd. 8. Zoning and Subdivision Standards and Requirements. All standards and provisions relating to an original district as set forth in this chapter and to the subdivision of land as set forth in Chapter 12 (if land which is the subject of a PUD is or will be subdivided in connection with a PUD) shall apply to an original district situated within a PUD and to such land subdivided or to be subdivided unless any such standards or requirement has been modified or waived as provided in Subparagraph A and B hereof. A. Any standard or provision, except permitted uses, set forth in this chapter relating to an original district may be waived or modified by the City provided the ordinance relating to such PUD sets forth specifically or by reference to a development plan or an agreement such modification or waiver. B. Any standard or provision set forth in Chapter 12 relating to the subdivision of land which is the subject of a PUD and is being or will be subdivided in connection with a PUD may be waived or modified as provided in Chapter 12. Subd. 9. Application. An applicant for a PUD shall submit in the application all of the material required by this chapter for rezoning and if land encompassed within the PUD is to be subdivided, all of the material required by Chapter 12 of this Code relating to the subdivision of land. In addition, an applicant shall submit the following information: A. Project Identification. The following and such other information as is necessary to clearly and completely describe the project shall be provided: 1. Ownership. Identify all owners legal and equitable of and all encumbrances and easements upon the land within the proposed PUD. 2. Developer. Identify all parties involved in the development, including their previous experience and the nature and extent of their participation. 3. Financing of Project. Identify the source and type of financing of the project, including financing such as: Municipal Industrial Development Revenue Bonds, Housing Revenue Bonds, or otherwise. 4. Development Method. Describe what will be done with the project, if approved, and who will do it. Will the property be marketed undeveloped; rough graded; developed; or will the developer carry the project through actual construction of structures? Will structures be retained, sold, or leased? 5. Development Timing. Specify timing of each stage of development from initial site development through building construction. Any phasing of different portions of the project should be clearly explained. 6. Critical Public Decisions. Identify all governmental agencies which have review authority over any portion of the development, what aspect of the project required their review, and what approvals are necessary. Explain what public improvements would be necessary to serve the project, such as: utilities, roads, road improvements, parks, schools, etc. 7. Other Information. Include any other information necessary to explain the unique characteristics of the project. B. Plan Area Identification. Provide the following to identify the land included in the proposed PUD. 1. PUD Boundaries. A plan clearly denoting overall project boundaries. 2. PUD Area. A plan which shows the overall PUD area as well as all parcels and their ownership within one thousand (1,000) feet of the PUD. 3. Regional Relationships. A description of regional factors the plan is predicated upon such as: market area, population centers, major roads, railroad, airport, proximity to Regional Services, etc. Also describe any impact the PUD would have on Regional Services and Systems. 4. Existing Land Use and Occupancy. 5. Existing Transportation Systems. Describe how the land within the PUD will be served by transportation systems and provide an analysis of the PUD's impact upon such transportation systems. If transportation systems are not adequate to accommodate the traffic expected from the development, describe improvements necessary. Illustrate how the plan provides for pedestrian and bicycle sidewalks and trails and how they tie into the City-wide system. 6. Existing Zoning. A map which shows the existing zoning and zoning of adjacent parcels. A listing of any zoning district changes or variances from City Code provisions should be provided. 7. Guide Plan and PUD Concept Framework. A map which shows the Guide Plan Designation of the project and surrounding uses. If the plan was originally part of a PUD Concept Review, the plan reviewed should be submitted together with a comparative analysis of the proposed PUD. 8. General Analysis and Conclusions. C. Plan Area Analysis. Provide the following relating to analysis of the plan: 1. Two-foot contour topographic map depicting existing and proposed contours should be submitted at a scale of one inch equals one hundred feet (1" = 100'). 2. A soils map depicting surface and subsurface conditions that may affect construction. 3. A map depicting vegetation of the site with detailed locations of trees twelve (12) inches or over in diameter. 4. All water, streams, lakes, marsh, ponds, drainage, subsurface, flood plains, should be denoted on a site plan. 5. Photographs of the site sufficient to convey its general visual qualities and relationship to area and proposed development. 6. A general discussion of natural ecological factors, analysis and conclusions. 7. A utility plan which illustrates the easements, and general sewer, water, and power services to all uses. 8. Preliminary architectural drawings depicting normal detail achieved during "design development phase" of architectural design process (does not include single family detached housing). 9. Legal instruments for plan implementation including homeowner's association documents, scenic, pathway, drainage, or other easements and private documents, etc. 10. Housing or land/building use profile including computations of gross/leasable square footage, housing unit breakdown to square foot, bedrooms, persons/unit, parking requirements, etc. 11. A map drawn to scale of one inch equals two hundred feet (1" = 200') showing roads, structures, lakes, streams, ponds, wetlands, floodplains, vegetation, topography, utilities, sidewalks, trails, parks, zoning, and land use within one thousand (1,000) feet of the boundaries of a proposed PUD and an analysis of the impact the PUD would have on the above referenced items. D. Fees and Costs. Applications for a PUD shall be filed at the office of the City Planner. A non- refundable application fee in the amount established by the Council by resolution to defray administrative costs shall accompany each application. A deposit established by the City Planner shall accompany the application. The deposit or a portion thereof, will be refunded after final Council action on the proposal if the total sum is greater than the administrative review cost, which may include, but not be limited to: 1. Consultant fees assisting in City review. 2. City Staff time expended in specific development review. 3. Mailing, legal notices and other administrative costs. 4. Any other reasonable costs incurred by the City in review of the proposal. Full payment by the proponent of all fees and costs for City review must be made prior to consideration of the application. Subd. 10. Public Hearing. A public hearing on an application for a PUD and any PUD amendment other than a Minor PUD Amendment as defined in Subdivision 10 below shall be held before both the Planning Commission and the Council. An application for a Minor PUD Amendment shall require a public hearing only before the Council. When a PUD involves changes in district boundaries, a similar notice shall be mailed at least ten (10) days before the day of the hearing to each owner of affected property and property situated wholly or partly within five hundred (500) feet of the property to which the PUD relates. For the purpose of giving mailed notice, the person responsible for mailing the notice may use any appropriate records to determine the names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings. The failure to give mailed notice to individual property owners, or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this subdivision has been made. (Source: Ordinance No. 1-2016, 1-14-2016) A. An application for a PUD and all applications for amendment of a PUD may not be acted upon by the Council until it has received the recommendation of the Planning Commission or until sixty (60) days have elapsed from the date of referral to the Planning Commission. B. In the event land within a PUD is or will be subdivided in connection with a PUD, such subdivision pursuant to, or any waiver or modification of any provision of, Chapter 12 may be approved only upon compliance with such additional procedures as are set forth in Chapter 12. (Source: City Code, 9-17-1982) C. Minor PUD Amendment is: 1. Additions or reductions which require PUD waivers and are ten percent (10%) or less of the Gross Floor Areas of building or two thousand (2,000) square feet whichever is less. The addition or reduction shall be the cumulative total or cumulative reduction after adoption if this Section 11.40, Subdivision 10.C.1. 2. Façade remodels which are require a PUD waiver. (Source: Ordinance No. 1-2016, 1-14-2016) D. A Zoning Certificate and Certificate of Occupancy shall be required in accordance with City Code Section 11.77. Subd. 11. Findings Required. The findings necessary for approval of a PUD shall be as follows: A. The proposed development is not in conflict with the goals of the Guide Plan of the City. B. The proposed development is designed in such a manner to form a desirable and unified environment within its own boundaries. C. Any exceptions to the standard requirements of this chapter and Chapter 12 of this Code are justified by the design of the development. D. The PUD is of composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit, and the PUD shall be consistent with an approved PUD Concept. (Source: Ordinance No. 24-91, 12-5-1991) Subd. 12. Revisions and Amendments. A. Minor changes in the location, placement and height of buildings or structures as well as other matters set forth in the development plan, or any agreement, except as described in Subparagraph B below, may be authorized by the City Planner if required by engineering or other circumstances not foreseen at the time the final development plan was approved. B. Changes in uses as well as any modification or waiver of any standard or requirement relating to an original district or amendment of any waiver or modification thereof granted in connection with a PUD may be made only in accordance with the procedures applicable to amendments of this chapter pertaining to zoning. Changes relating to any standard or requirement set forth in Chapter 12 pertaining to the subdivision of land or amendment of any waiver or modification thereof granted in connection with a PUD may be made only in accordance with the procedures provided in Chapter 12 of this Code pertaining to subdivision of land. Section 11.41 Conditional Use Permits (ONE MINOR CHANGE) Subd. 1. Categories of Conditional Use. (Source: Ordinance No. 22-2017, 12-21-2017) A. Historic Properties. 1. Policy and Purpose. Certain buildings within the City have been included within and designated by the City as Heritage Preservation Sites pursuant to Section 11.05 of this chapter, or are listed in the National Register of Historic Places. The intent of this section is to encourage preservation, revitalization and adaptive reuse of the many Historic Properties located in the City of Eden Prairie. The permitted uses are intended to promote preservation of the historic and architectural character by encouraging retention and appropriate use of existing structures as civic, retail, restaurant, personal service and office establishments. The conditional uses listed in this section must be reviewed by the Heritage Preservation Commission and approved by the City Council after consideration in each case, of the impact of such uses upon the property, neighboring uses, the surrounding area and the public need for the particular use at the particular location. Limitations and standards are herein established to insure the use's consistency with the character, uses and activities in the rural district. In order to accomplish such purposes, the following provisions relating to the issuance of conditional use permits are adopted. 2. Areas Where Conditional Use Permits May Be Granted for Adaptive Reuse. Conditional use permits for the adaptive use of a Heritage Preservation Site, is limited to historic properties situated within an R-Rural District or a P-Park and Open Space District. 3. Permitted Uses for Adaptive Reuse of Heritage Preservation Sites. The adaptive use proposed for the property must be a permitted use in either the Office District, Section 11.20, Subdivision 2(A) or (B), or the Commercial Districts, Section 11.25, Subdivison 2(A). Examples include: restaurants, bakeries, cafes, delicatessens, coffee houses, ice cream parlors, bed and breakfasts, reception facilities, meeting or conference facilities, professional office uses, museums, art galleries, antique shops, craft boutiques, or retail stores or shops. 4. Duration of Permits. A Historic Properties conditional use permit shall remain in effect as long as the conditions agreed upon are observed, provided, however, that the City may, at its discretion, schedule an administrative or formal review at any time to determine whether the conditions agreed upon are being observed. Any Historic Properties conditional use permit that contains an expiration date shall be automatically extended in accordance with this paragraph. B. Wireless Support Structures. (Source: Ordinance No. 22-2017, 12-21-2017) 1. Policy and Purpose. The City desires high quality wireless services to accommodate the needs of City residents and businesses. At the same time, the City strives to minimize the negative impacts that wireless support structures and small wireless facilities can create, especially in the public right-of-way in single-family residential areas. The City discourages the installation of new or replacement wireless support structures in the public right-of-way in single-family residential districts, preferring instead that small wireless facilities be collocated on existing structures. Recognizing, however, that the provision of high quality wireless services may not be feasible without the installation of new or replacement wireless support structures in single- family residential districts, the following provisions relating to the issuance of conditional use permits are adopted. The conditional uses listed in this section must be reviewed by the Planning Commission and approved by the City Council after consideration in each case, of the impact of such uses upon the property, neighboring uses, the surrounding area and compliance with the conditions set forth in this section. 2. Areas Where Conditional Use Permits May Be Granted. Conditional use permits for the installation of new or replacement wireless support structures for the siting of small wireless facilities in the public right-of-way may be granted in rights-of-way located within or abutting the R-1 One Family Residential Districts. 3. Duration of Permits. A Wireless Support Structure conditional use permit shall remain in effect as long as the conditions agreed upon are observed, provided, however, that the City may, at its discretion, schedule an administrative or formal review at any time to determine whether the conditions agreed upon are being observed. Subd. 2. Standard for All Conditional Use Permits. A conditional use permit may be granted subject to the City Council making the following findings: (Source: Ordinance No. 22-2017, 12-21-2017) A. The land subject to the conditional use permit shall abut on a public street. B. The land subject to the conditional use permit is served adequately by essential public facilities and services, including utilities, access roads, drainage, police and fire protection and schools or will be served adequately as a result of improvements proposed as part of the conditional use. C. The conditional use will not create an excessive burden on parks, schools, streets, and other public facilities and utilities which serve or are proposed to serve the area. D. The conditional use will be sufficiently separated by distance or screening from adjacent lands so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land. E. If the conditional use permit is granted the structure and site for the conditional use shall not be altered in appearance so as to have an adverse effect upon adjacent residential properties. F. The conditional use will not cause traffic hazard or congestion. G. Neighboring land and dwellings will not be adversely affected because of traffic generation, noise, glare, or other nuisance characteristics. H. The conditional use will not be detrimental to or endanger the public health, safety, comfort, convenience, or general welfare. I. The land subject to the conditional use permit shall meet the requirements of Section 11.03, Subdivision 6, Site Plan and Architectural Design Review. No conditional use permit shall be approved until a Site Plan and Architectural Design Plan has been approved. J. The use must comply with Chapter 11 requirements for the district in which the property is located. K. No conditional use permit for a similar type of use has been revoked in the previous ten (10) years. L. The conditional use is consistent with the City's Comprehensive Guide Plan provisions relevant to the land. Subd. 3. Additional Conditions. All conditional uses are subject to the criteria established in Subdivision 2 above. In granting a conditional use permit the Council may impose conditions, including the furnishing of a bond containing such terms and provisions and in such amount as may be provided by the Council, to ensure the prevention of or the compliance with those matters specified in Subdivisions 2 and 3 hereof or otherwise as the Council may determine to be advisable or appropriate to achieve the policies and purposes of this section. The following criteria must be met in each of the following categories of conditional use: A. Historic Properties. To be considered eligible for a historic properties conditional use permit, properties must be in conformance with the following: 1. Applicant must demonstrate that the historic characteristics of the property cannot be maintained reasonably and economically unless the conditional use permit is granted. 2. Property is designated by the City as a Heritage Preservation Site or listed on the National Register of Historic Places. 3. The property is adequately sized to meet the proposed use. 4. In conformance with all applicable building and fire codes and ADA requirements. 5. In conformance with all State and County health regulations. 6. One (1)sign is permitted not to exceed thirty-two (32) square feet, and six (6) feet in height. 7. Site improvements meet the City's historic preservation standards and guidelines. 8. Applications for conditional use permits shall be reviewed by the Heritage Preservation Commission. 9. If an application is reviewed by the Heritage Preservation Commission, and approved by the City Council, applicant shall receive a conditional use permit. Applicant shall obtain a Heritage Preservation Site Alteration Permit pursuant to this chapter. B. Wireless Support Structures. To be considered eligible for a Wireless Support Structure conditional use permit, the proposed new or replacement wireless support structure must be in conformance with the following: 1. The wireless support structure shall be located at least six hundred (600) feet from any existing wireless support structure or public utility structure. 2. The height of the new or replacement wireless support structure shall not exceed the average height of all structures on the block or the maximum height of structures allowed in the zoning district, whichever is less. 3. The wireless support structure will be designed, constructed, operated and maintained in a manner that is compatible in appearance with the existing or intended character of the surrounding area. 4. The design of the wireless support structure shall comply with the following City's design requirements: a. At all sites, the design of all wireless support structures and facilities shall use materials, colors, textures, screening, and landscaping that blends the structures and facilities into the natural setting and building environment. b. No signage or other identifying markings of any nature shall be permitted upon any wireless support structures and facilities except in accordance with City Code Section 11.70. c. Such other design requirements as are developed from time to time by the City Planner and/or the Director of Public Works and maintained as an official document in printed or electronic form in the records of the City Clerk. 5. The wireless support structure shall have no associated ground-mounted wireless mechanical equipment except an electrical meter if such meter is necessary for the operation of a small wireless facility to be placed on the wireless support structure. 6. The applicant for the conditional use permit shall comply with all requirements of Section 6.03 including, but not limited to, obtaining a right-of-way permit, obtaining a small wireless facility permit, and entering into a Standard Small Wireless Collocation Agreement with the City, as appropriate. 7. Placement of the wireless support structure shall comply with generally applicable and reasonable health, safety, and welfare regulations consistent with the City's management of the public right-of-way. 8. Applications for conditional use permits shall be reviewed by the Planning Commission. Subd. 4. Procedure. (Source: Ordinance No. 22-2017, 12-21-2017) A. An application for a conditional use permit shall be in writing signed by (1) the owner of the land for which the conditional use permit is sought, in the case of a Historical Properties conditional use permit, or (2) the person who wishes to install the new wireless support structure, in the case of a Wireless Support Structure permit. The application shall be made on forms provided by the City and shall include all information requested. The applicant shall pay an application fee in the amount set forth in the Fee Resolution adopted by the City Council, as the same may be amended from time to time. B. A public hearing on an application for a Wireless Support Structure conditional use permit shall be held before both the Planning Commission and the Council. A public hearing on a Historic Properties conditional use permit shall be held before both the Heritage Preservation Commission and the Council. C. Notice of the public hearing shall be mailed at least ten (10) days before the day of the hearing to each owner of property situated within 500 feet of the property to which the conditional use permit relates. For the purposes of giving mailed notice, the person responsible for mailing the notice may use any appropriate records to determine the names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings. The failure to give mailed notice to individual property owners, or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this Subdivsion 4.B has been made. D. An application for a conditional use permit may not be acted upon by the Council until it has received the recommendation of the Planning Commission or Heritage Preservation Commission, as applicable, or until 60 days have elapsed from the date of referral to the Planning Commission or Heritage Preservation Commission. Subd. 5. Amendment to Conditional Use Permit. Amendments to any condition contained in an approved conditional use permit may be made only in accordance with the procedures applicable to the initial application as contained in Subdivision 4. (Source: Ordinance No. 22-2017, 12-21-2017) Subd. 6. Revisions and/or Changes to Site or Construction Plans. (Source: Ordinance No. 22-2017, 12-21-2017) A. Historic Properties. Any revisions and/or changes to site, remodeling, or construction plans after a Historic Properties conditional use permit has been granted shall require approval by the City Planner and comply with Section 11.05, Subdivision 8 criteria. Notwithstanding the foregoing, the City Planner may determine that the revisions and/or changes require review and approval by the Council. B. Wireless Support Structures. Any revisions and/or changes to site or construction plans after a Wireless Support Structure conditional use permit has been granted shall require review and approval by the City Planner. Notwithstanding the foregoing, the City Planner may determine that the revisions and/or changes require review and approval by the Council. Subd. 7. Expiration of Conditional Use Permit. Unless otherwise specified by the Council at the time it is approved, a conditional use permit shall expire if substantial development or construction has not taken place within one (1) year of the date of approval, unless a petition for a time extension has been granted by the Council. The extension request shall be submitted in writing at least thirty (30) days prior to expiration of the conditional use permit and shall state facts showing a good-faith effort to complete work permitted under the original approval. Subd. 8. Conditional Use Permit Required. It is unlawful for any person to engage in a conditional use without having first obtained a conditional use permit therefore. (Source: Ordinance No. 14-2002, 5-30-02; Ordinance No. 30-83, 7-22-1983) Subd. 9. Suspension or Revocation of Conditional Use Permit. The City Council may suspend for a specified period of time or revoke a conditional use permit upon the failure of the owner or a tenant to comply with the provisions of this Code, the laws of the state or any condition established at the time of approval of the conditional use permit. A suspension or revocation of a conditional use permit must be preceded by written notice to the owner and tenant, if any, and a hearing. The notice must provide at least ten (10) days' notice of the time and place of the hearing and must state the nature of the charges against the owner and/or tenant. The notice must be mailed to the owner, and tenant, if any. For the purpose of giving mailed notice, any appropriate records to determine the names and addresses of owners may be used. A copy of the notice and list of the persons and addresses to which the notice was sent shall be attested to by the person giving the notice and shall be made a part of the records of the proceeding. The hearing of a contested case may be before the City Council or held in accordance with Minnesota Statutes Section 14.57 to 14.60, as they may be amended from time to time, but informal disposition of a contested case by stipulation, pursuant to Minnesota Statutes Section 14.59, as it may be amended from time to time, may provide an adequate basis for imposition of sanctions. (Source: Ordinance No. 22-2017, 12-21-2017) Section 11.42 Landscaping and Screening Subd. 1. Purpose. The City recognizes landscaping and screening for its aesthetic value and as a multi- purpose functional element of a site. The requirements in this section define a minimum standard for landscaping and screening, and promote the following objectives: A. Promote a high standard of development in the City; B. Establish and enhance a pleasant visual character which recognizes aesthetics and safety issues; C. Promote sustainable practices that protect and conserve natural resources, and create healthy landscapes; D. Promote landscape design that includes a diversity of plant species, pollinator-friendly species, color, and year-round interest, and enhances the structures and paved areas of the site; E. Promote compatibility between land uses by reducing the visual, noise, and lighting impacts of specific development on users of the site and abutting uses; F. Activate and define public and private spaces; G. Enhance the pedestrian experience; Support storm water infiltration and improvements in ground water quality, in conjunction with Section 11.55 Land Alteration, Tree Preservation and Storm Water Management Regulations, and support materials and design that reduce water usage. The City's Design Guidelines provide further landscape design intent and should be used as a reference. Subd. 2. Definitions. For the purposes of this section, the following terms shall have the meanings stated: Caliper means the length of a straight line measured through the trunk of a tree twelve (12) inches above the base. Clear Cutting means removal of all existing significant natural vegetation on a particular piece of property. Coniferous/Evergreen Tree means a woody plant which, at maturity, is at least thirty (30) feet or more in height, with a single trunk, fully branched to the ground, having foliage on the outermost portion of the branches year round. Deciduous Overstory Shade Tree means a woody plant which, at maturity, is thirty (30) feet or more in height, with a single trunk, unbranched for several feet above the ground, having a defined crown, and which loses leaves annually. Deciduous Understory Ornamental Tree means a woody plant which, at maturity, is less than thirty (30) feet in height, with a single trunk, unbranched for several feet above the ground, having a defined crown which loses leaves annually. Fence means any partition, structure, wall, or gate erected as a divider marker, barrier, or enclosure, and located along the boundary or within the required yard. Landscape means site amenities, including trees, shrubs, ground covers, perennial covers, flowers, fencing, berms, retaining walls, and other outdoor furnishings. (Source: Ordinance No. 30-2016, 12-15-2016) Mechanical Equipment means heating, ventilation, exhaust, air conditioning, and communication units integral to and located on top of, beside or adjacent to a building and telecommunications mechanical equipment located on top of, beside or adjacent to a building. (Source: Ordinance No. 3-2014, 2-27-2014; Ordinance No. 15-85, 5-30-1985) Plant Material Average Size (Coniferous) means the total height of all coniferous trees six (6) feet or over, divided by the total number of such trees. Plant Material Average Size (Shade or Ornamental) means the total diameter of all deciduous overstory trees two and one-half (2½) inches or more in diameter, divided by the total number of trees. Public Art shall mean an original work of art that is a form of non-commercial speech that is not Commercial Speech as the same is defined in City Code Section 11.70, Subdivision 2 and that is accessible to the public determined through a city review process. It may include permanent visual art, performances, installations, events and other temporary works, preservation or restoration of unique architectural features, ornamentation or details. It may also include the artist-designed infrastructure and structures themselves. It does not include Commercial Speech advertising and/or signage. Public art may possess functional as well as aesthetic qualities and may be integrated into the site or be a discrete work. (Source: Ordinance No. 30-2016, 12-15-2016) Retaining Wall means a wall or structure constructed of stone, concrete, wood or other materials, used to retain soil, as a slope transition or edge of a planting area. (Source: Ordinance No. 15-85, 5-30-1985) Security means a financial security in the form of a stand by Letter of Credit from financial institution that is insured by the FDIC, or an Escrow Fund with sufficient capital approved by the City Manager, which is conditioned upon complete and satisfactory implementation of an approved landscape plan and which names the City as oblige or payee as applicable. (Source: Ordinance No. 10-2018, 05-24-2018) Screening means a barrier which blocks views from public roads and adjacent differing land uses to off-street parking areas, loading areas, service and utility areas, and mechanical equipment. (Source: Ordinance No. 30-2016, 12-15-2016; Ordinance No. 58-87, 1-7-1988) Subd. 3. Landscape Plan Required. In every case where landscaping is required by provision of the City Code or by an approval granted by the City, for a building or structure to be constructed on any property, the applicant for the building permit shall submit a landscape plan prepared in accordance with the provisions of this section. The landscape plan shall include the following information: (A) General. Name and address of developer/owner; Name and address of landscape architect/designer; Date of plan preparation; Date and description of all revisions; Name of project or development. (B) Site Map. One (1) scale drawing of the site based upon a survey of property lines with indication of scale and north point; Name and alignment of proposed and existing adjacent on-site streets; Location of all proposed utility easements and right-of-ways; Location of existing and proposed buildings; Topographic contours at two-foot contour intervals; Existing and proposed location of parking areas; Water bodies; Proposed sidewalks; Percent of site not covered by impervious surface. (C) Landscape Proposal. Two (2) scale drawings of proposed landscaping for the site based upon a survey of property lines with indication of scale and north point; Existing and proposed topographic contours using mean sea level datum at two-foot contour intervals; Details of proposed planting beds and foundation plantings; Delineation of both sodded and seeded areas; Location and identification of proposed landscape or humanmade materials used to provide screening from adjacent and neighboring properties, a separate cross section drawing of which shall be provided at legible scale illustrating the effectiveness of proposed screening; Location and identification of trees; Details of fences, tie walls, planting boxes, retaining walls, tot lots, picnic areas, berms, and other landscape improvements, including a separate drawing of typical sections of these details in legible scale; Location of landscape islands and planter beds with identification of plant materials used, including separate drawings of typical sections of these areas in legible scale. (D) Planting Schedule. A table containing the common names and botanical names, average size of plant materials, root specifications, quantities, special planting instructions, and proposed planting dates of all plant materials included in the Landscape Proposal. Subd. 4. Security Required. No building permit shall be issued until the applicant for the building permit shall file with the City Manager a Security, as defined in subdivision 2 of this section in form and amount as approved by the City Manager, but for no less than one and one-half (1½) times and no more than two (2) times the amount estimated by the City Manager as the cost of completing said landscaping and screening. The Security must cover two complete growing seasons or one full calendar year subsequent to the completion and must be conditioned upon complete and satisfactory implementation of the approved landscape plan. (Source: Ordinance No. 10-2018, 5-24-2018) Subd. 5. All landscaping shall be implemented in accordance with the following: A. Size Requirements for Planting. Deciduous overstory plantings shall be a minimum of two and one-half (2½) caliper inches and a maximum of five (5) caliper inches; deciduous understory trees shall be a minimum of one and one-half (1½) caliper inches and a maximum of five (5) caliper inches; coniferous trees shall be a minimum of six (6) feet in height and a maximum of ten (10) feet in height; shrubs shall be a minimum five (5) gallon container size at planting; perennial grasses and flowers shall be a minimum one (1) gallon container size at planting; ground covers shall be a minimum four (4) inch pot size at planting. B. Total Caliper Inches Required. In order to achieve landscaping which is appropriate in scale with the size of a building and site, the minimum number of caliper inches of trees required shall be determined by dividing the total gross square footage of all floors of a building by three hundred twenty (320). A single story building in excess of twenty (20) feet in height shall be considered a two story building for the purposes of determining its total gross square footage. When determination of height results in a fractional foot, any fraction of 0.5 or less may be disregarded; a fraction in excess of 0.5 shall be counted as one (1) foot. A mixture of plant material sizes shall be required as follows: 1. No more than eighty percent (80%) of trees may be of the minimum size requirement. 2. For the purposes of satisfying the total caliper inch requirement, coniferous trees may be considered equivalent to overstory trees by dividing the height of a coniferous tree six (6) feet height minimum by 2.4 to determine equivalent caliper inches. 3. Understory trees may make up no more than twenty percent (20%) of the total tree caliper inches required. 4. Shrubs, perennials, or planting beds may be substituted for trees according to the following limit: not less than ten percent (10%) and no more than twenty-five percent (25%) of the total tree caliper inches required shall be replaced with Shrubs and Perennials, or Planting Beds. Additional shrubs, perennials or planting beds beyond the twenty-five (25%) substitution rate are allowed. C. Shrubs and Perennials. Shrubs and perennials shall be provided to complete a quality landscape treatment of the site. Replacement ratio: six (6) shrubs may replace three (3) caliper inches of tree. D. Planting Beds and/or Decorative Planting Containers: Each planting bed or container shall include a variety of plants which may include shrubs, ornamental grasses, ground cover, vines, annuals, or perennials to provide year-round color and interest. Native plant species to the local hardiness zone and those which provide interest and/or color in the winter are preferred. Planting Beds must have a three- inch mulch application to bare soil surrounding the plant material in order to qualify for the caliper inch replacement. E. Planting beds and/or decorative planting containers may replace up to twenty-five percent (25%) of the required caliper inches for trees at a rate of three (3) caliper inches of trees per five hundred (500) square feet of cumulative planting beds and/or decorative planting containers. Planting beds must be planted annually in early spring and maintained throughout the growing season. Decorative planting containers must be planted and maintained seasonally throughout the year. Planting beds and/or decorative containers shall be planted with spacing of species per industry standards. F. Species Diversity. Species diversity is required to ensure a long-term healthy landscape. Not more than thirty percent (30%) of the required caliper inches shall be composed of one species unless approved by the City. Plant material must be sourced from regional nurseries to ensure healthy stock and non-invasive choices. The following trees are prohibited: a species of the genus ulmus (elm), except those bred to be immune to Dutch Elm disease; female gingko; box elder; willow; aspen. G. Naturalized Native Species. Native species, defined as those listed on the University of Minnesota and MN Department of Natural Resources lists, are well adapted to the local environment, require less maintenance, are healthier, and provide habitat for birds and insects. Landscapes that include native and pollinator-friendly plant species, and provide year-round interest with foliage color, flowers, fruits, or branching structure are required. Landscaping that is low maintenance and requires little or no irrigation, shall be considered as one (1) of several grounds upon which the City Council may grant waivers from building design or site design through the PUD process. H. Parking Lot Islands. Parking lot islands shall be required in lots of twenty (20) or more spaces and shall be evenly distributed throughout the lot. Single aisle parking lots shall be exempt from this provision. A parking lot island shall be a minimum of one hundred sixty (160) square feet, shall stand-alone or be connected to other islands or sidewalks. No parking lot island shall have any dimension less than five (5) feet. Parking lot islands shall be located at the end of drive aisle rows and every twenty-five (20) spaces. Five percent (5%) of the parking area, including vehicular circulation areas, shall be comprised of parking lot islands that are planted and not filled with only mulch, stone or paving. Planting requirements are the same as those for Planting Beds. I. Method of Installation. All deciduous and coniferous trees shall be balled and burlapped, staked, and guyed in accordance with national Nurseryman's standards. All shrubs shall be potted. J. Sodding and Ground Cover. All open areas of a site not occupied by building, parking, sidewalks, patios, storage, or other similar features shall be landscaped with a combination of canopy trees, ornamental trees, evergreen trees, shrubs, perennial grasses, flowers, sod, ground cover - including low/no mow grasses and perennials - and other design features to ensure soil stabilization. Exceptions to this are seeding of future expansion areas as shown on approved plans; undisturbed areas containing existing natural vegetation which shall be maintained free of foreign and noxious materials; and, areas designated as open space for future expansion area properly planted and maintained with prairie grass. K. Slopes and Berms. Final slopes greater than the ratio of 3:1 will not be permitted without special approval or treatment, such as special seed mixtures or reforestation, terracing, or retaining walls. Berming used to provide required screening of parking lots and other open areas shall not have slopes in excess of 3:1. L. Installation and Maintenance of Materials. Responsibility for tree and plant growth and maintenance is solely the responsibility of the property owner and runs with the land and is binding on all future property owners. Owners shall be responsible for maintaining all landscaping in a healthy condition and keeping it free from refuse and debris. Dead plant materials shall be removed and replaced during the normal planting season. Materials must be replaced with like species or as approved by city staff. M. Erosion Control. All areas of the site must be stabilized in accordance with Chapter 11.55 unless required otherwise in a federal, state or local permit. N. Preservation of Wetland and Woodland Areas. It is the policy of the City to preserve the natural wetland and woodland areas throughout the City, and with respect to specific site development, to retain as far as practical, substantial tree stands and wetlands which can be incorporated into the Landscape Plan. No clear cutting of woodland areas shall be permitted. Shade trees of six (6) inch or more caliper shall be saved unless it can be demonstrated that there is no other feasible way to develop the site. The Council may require replacement of any removed trees on a caliper inch for caliper inch basis. O. Placement of Plant Materials. No landscaping shall be allowed within any drainage utility easements, road right-of-way, or immediately adjacent to any driveway or road intersection when it would interfere with motorists' views of the street or roadway. P. Mechanical Equipment Screening. 1. All mechanical equipment mounted on the exterior of a building and possessing one (1) or more of the characteristics listed below in (p)(3) shall be physically screened from all public roads and adjacent differing land uses with factory prefinished metal, wood laminated with metal, or other building material in a manner architecturally integral to the building or buildings on site. 2. All mechanical equipment located on the ground and possessing one (1) or more of the characteristics listed below in (p)(3) shall be physically screened from all public roads and adjacent differing land uses with either plant material or factory prefinished metal, wood laminated with metal, or other building material in a manner architecturally integral to the building or buildings on site. 3. Irregular in size and shape; Exposed and/or protruding fans, grills, pipes, tubes, wires, vents; unfinished metal covering, exposed rivets, exposed seams. Q. General Screening. All parking, loading, service, utility, and outdoor storage areas shall be screened from all public roads and adjacent differing land uses as measured from eye level at grade from public roads and adjacent differing land uses. Screening shall consist of any combination of the following: earth mounds, fences, shrubs, compact evergreen trees, or dense deciduous hedge. Hedge materials must be at least three (3) feet in height, at planting. The height and depth of the screening shall be consistent with the height and size of the area for which screening is required. When natural materials, such as trees or hedges, are used to meet the screening requirements of this subsection, density and species of planting shall be such to achieve seventy-five percent (75%) opacity year round at maturity. 1. Well defined breaks in the screen along public roads are required to facilitate pedestrian access from the public right-of-way to the building. These openings shall align with the parking lot layout requirements for pedestrian access (Section 11.43) and shall be in addition to driveways or visually distinctive if adjacent to a driveway. Connections to adjacent uses must be facilitated as determined through approval process. 2. Appropriate elements to include in screening proposals for parking lots along public roads include transit shelters, benches, public art or similar features as part of the screen. 3. Parking lot screening shall be a minimum of three (3) feet in height, measured from the parking lot surface, in order to screen cars and headlights, and shall allow breaks for pedestrian connections as described in q(1). R. General Landscape for Residential Districts. In R1-44, R1-22, R1-13.5, R1-9.5, RM-6.5 and RM-2.5 districts all exposed ground area surrounding the principal building and accessory buildings which are not devoted to driveways, sidewalks, or patios, shall be landscaped with grass, shrubs, trees or other ornamental landscape material. No landscaped area shall be used for the parking of vehicles or storage or display of materials, supplies, or merchandise. S. Public Art. Integration of public art into private development, in addition to privately owned amenities such as plazas, courtyards, fountains, outdoor art, roof top gardens and green roofs and other decorative elements, which enhances the design of the landscaping may be considered as one of several grounds upon which the City Council may grant waivers from landscaping requirements through the PUD process. Public art on a site should be situated in a way that it can be viewed from an adjacent right-of-way or public spaces. Section 11.43 Off-Street Parking and Loading Subd. 1. Off-Street Parking Facilities. A. The purposes of this Subparagraph Subdivision are to: (a) prevent a shortage of on-street parking spaces where allowed; and (b) provide a sufficient amount of off-street parking so as to utilize the streets for their primary use - the safe and convenient movement of traffic. B. Parking Spaces Defined. For purposes of this chapter, a parking space shall be defined according to the following table of dimensions except that a parking space in a garage or carport shall not be less than ten (10) feet wide and twenty (20) feet long. C. Basic Requirements. 1. Off-street parking facilities shall be provided at the time of initial occupancy or enlargement of a structure as required by Item 4 of this Subparagraph. 2. The City Manager shall determine the requirements for any use not specifically required by Item 4 of this Subparagraph. 3. Fractional numbers of spaces as per Item 4 of this Subparagraph shall be adjusted to the next higher number. (Source: City Code, 9-17-1982) 4. Dimensions of parking spaces. Parking space and aisle width dimensions in relation to degree of parking angle PARKING ANGLE = O Deg. 20 Deg. 30 Deg. 40 Deg. 45 Deg. 50 Deg. 60 Deg. 70 Deg. 80 Deg. 90 Deg. Parking space width, perpendicular to angle 9' 9' 9' 9' 9' 9' 9' 9' 9' 9' Parking space dimension perpendicular to aisle 9' 14'6" 16'10" 18'8" 19'5" 20' 20'8" 20'9" 20'2" 18' Parking space dimension parallel to aisle 23' 24'8" 17' 13'2" 11'1" 9'10" 9' 9' 9' 9' Aisle width 12' 11' 11' 12' 13'6" 16' 18'6" 19'6" 24' 24' D. Compact Parking Stalls. Up to 10% of the required parking spaces in a parking lot, ramp, or garage may be marked for compact cars and may be counted toward required parking counts, provided that the applicant meets the following requirements: 1. All compact stalls must be a minimum of 8’ wide and 16’ in length for 90 degree stalls. For spaces that are not 90 degree, the most recent standards issued by the Institute of Transportation Engineers will be applied. 2. Compact stalls must be identified. 3. All required drive aisles must comply with City Code requirements E. Parking Requirement/Use 1. Parking requirements based on type of use are as listed in the following table. The requirements for any use not specifically mentioned shall be designated by the City Manager. LAND USE OFF-STREET PARKING SPACE REQUIREMENTS RESIDENTIAL USES Single-Family 2/D.U. minimum, 4/D.U. maximum A minimum of 1 space must be enclosed, driveway parking acceptable Multi-family • Studio or Efficiency Units 1/D.U. Half of all spaces must be enclosed (rounded up) • All Other Units 2/D.U. Half of all spaces must be enclosed (rounded up) • Independent Senior Living 1/D.U., plus 0.5 per unit for guest parking Half of all spaces must be enclosed (rounded up) • Nursing Homes, Assisted Living, Memory Care, or Convalescent Care 1 per 4 beds, plus 1 space for each employee on the largest shift If independent living units are combined with any of these uses then ½ of the required parking stalls for the independent living units must be enclosed OFFICE USES Office G.F.A. RATIO 1—60,000 sq. ft. 5.0/1,000 sq. ft. 60,001—70,000 sq. ft. 4.9/1,000 sq. ft. 70,001—80,000 sq. ft. 4.8/1,000 sq. ft. 80,001—90,000 sq. ft. 4.7/1,000 sq. ft. 90,001—100,000 sq. ft. 4.6/1,000 sq. ft. 100,001—150,000 sq. ft. 4.2/1,000 sq. ft. 150,001 PLUS sq. ft. 4.0/1,000 sq. ft. RETAIL, SERVICE AND COMMERCIAL USES Service Stations 10+ spaces where cars are serviced Motels, Hotels 1/guest room + 1/employee Restaurant Type 1 1/2.5 seats based on seating capacity Restaurant Type 2 1/3 seats based on seating capacity Restaurant Type 3 1/2 seats based on seating capacity Day Care Center 1 per employee on the largest work shift plus 1 per business vehicle plus 1 per every 6 children the facility is licensed to care for Banks 5/1,000 sq. ft. G.F.A. Brewer Taproom, Cocktail Room 1/60 sq. ft. G.F.A. Small Brewer, Microdistillery 1/1,000 sq. ft. G. F. A. Retail 0-30,000 sq. ft. 5/1000 sq. ft. 30,001 – 200,000 sq. ft. 4.5/1,000 sq. ft. Over 200,000 sq. ft. 4.25/1,000 sq. ft. Shopping Center 4.25/1,000 sq. ft. G.F.A. INDUSTRIAL USES Manufacturing 3/1,000 sq. ft. G.F.A. Warehouses 0.5/1,000 sq. ft. G.F.A. PUBLIC AND SEMI-PUBLIC USES Places of Worship 1/3 seats in largest assembly room RECREATIONAL USES Golf Course 72 spaces, plus 1/3 seats in any clubhouse restaurant Gymnasium 1/3 seats with fixed seating or 2.5/1,000 sq. ft. G.F.A. 2. For supporting minor commercial uses within office/industrial buildings providing a supplemental function to the major office and/or industrial use, the number of parking spaces for such uses shall not be less than the minimum required for such uses as provided in the table above. 3. Specific parking requirements for the Mixed Use District, Transit Oriented Development District, and Town Center District are located in Sections 11.24, 11.26, and 11.27, respectively, of Chapter 11. Specific parking requirements for the Transit Oriented Development District are located in Section 11.26 of Chapter 11 and for the Town Center District in Section 11.27 of Chapter 11. (Source: Ordinance No. 25-2016, 10-27-2016) F. Development and Maintenance of Parking Areas. 1. Screening and Landscaping. Off-street parking areas containing more than five (5) stalls shall be screened on each side adjoining a residential use or public street. 2. Minimum Distance and Setback. Parking areas for five (5) vehicles or more shall be at least ten (10) feet from any side or rear lot line and 5 feet from any building. Minimum Distance and Setbacks in the Park and Open Space District are exempt from these requirements. Parking lot setback standards for the Park and Open Space District are set forth in Section 11.37. 3. Parking areas, loading facilities and driveways surfaces. Parking areas, loading facilities and driveways shall be surfaced with bituminous, concrete, pavers of brick, natural stone, or concrete placed with gaps not exceeding one-quarter (¼) inch, turf block, or grasscrete, and graded to dispose of or infiltrate all area surface water without damage to private or public properties, streets, or alleys. The use of gravel, crushed rock, sand, or dirt is prohibited except when used as gap material with pavers. 4. Location. Off-street parking facilities shall be on the same parcel of land as the structure they are intended to serve unless there is a shared parking agreement in place between two separate lots as provided in subparagraph H(5) below. Space for the required facilities shall not occupy the required front yard or on a corner lot more than one-half (½) of the required front yard closest to the street. 5. Layout. Parking lots shall be designed to allow pedestrians to facilitate pedestrian movement from their vehicles or from the public right-of-way to the building. Pedestrian walkways/corridors/sidewalks shall be created at the perimeter of the parking lot and/or within the parking lot to provide connection to the primary building and, when applicable, to adjacent sites. Said sidewalks shall be a minimum of five (5) feet in width. These corridors can be delineated by landscaping and parking lot islands, striping, and/or a paving material that differs from that of vehicular areas. The corridors shall align with breaks in parking lot screening as required in Section 11.42 Subdivision 5.G.5(q)(1). G. Special Requirements. 1. Each parking space shall have an unobstructed access from a street or aisle without moving another vehicle. Exception is in an R1-44, R1-22, R1-13.5 and R1-9.5 District where parking in driveways is permitted. 2. Bumper rails and curbs shall be provided as determined by the City Manager. 3. No servicing of vehicles shall take place in any off-street parking area. 4. The City may allow no more than fifteen percent (15%) of parking required pursuant to City Code Section 11.43 to be constructed at a date subsequent to the time at which it would have otherwise been required to be constructed under the City Code. The portion to be constructed as a later date is referred to as "Proof of Parking". Proof of parking shall be allowed if: (a) Applicant demonstrates to the satisfaction of the City Planner that the proposed development does not require the amount of parking required under City Code; (b) Applicant identifies on the site and landscape plans the location(s) in which the Proof of Parking can be built in the future; (c) Landscaping in excess of the minimum required and structures associated with landscaping are allowed in the area identified for Proof of Parking, but no other structures shall be allowed in the Proof of Parking area; and (d) Applicant enters into a binding agreement recorded as a covenant against real property to construct at a later date all or a portion of the Proof of Parking spaces as required by notice in writing from the City Planner. (e) All proof of parking stalls are 9’ by 18’ H. Connecting Parking Areas with Streets 1. Vehicular traffic generated by any use shall be channeled and controlled so as to avoid congestion and traffic hazards. 2. The adequacy of any proposed traffic pattern shall be determined by the City Manager. Traffic control measures such as warning signs, directional signs, turn lanes, channelization, illumination, etc., may be required. 3. All driveways abutting public streets shall be subject to the following regulations: (a) Minimum distance between driveways - twenty (20) feet. (b) Minimum driveway angle to street – thirty (30) degrees for one way streets and sixty (60) degrees for two way streets. (c) Driveway widths at street curb are: (d) Minimum Driveway Return Radius - six (6) feet (e) Minimum distances between the end of a driveway at the intersection of a right-of- way line and the property line shall be ten (10) feet. (Source: Ordinance No. 9-87, 5-7-1987) 4. Parking areas, loading facilities and driveways shall be surfaced with bituminous; concrete; pavers of brick, natural stone, or concrete placed with gaps not exceeding one- quarter ( 1/4/) inch; turf block; or grasscrete; and graded to dispose of or infiltrate all area surface water without damage to private or public properties, streets, or alleys. The use of gravel, crushed rock, sand, or dirt is prohibited except when used as gap material with pavers. 5. Shared Parking. Off-street parking facilities for two (2) or more uses with substantially different hours of operation may be provided in a shared facility. The off-street parking requirements for a development or redevelopment project may be reduced up to 20% if the following standards are met. (a) Parking spaces are shared between two or more complimentary uses. (b) A shared parking plan must be submitted whenever shared parking is proposed that requires specific analysis on the peaking characteristics of the various and future uses included. (c) The applicant demonstrates that, because of the hours, size, and operation of the respective and future uses, there is no substantial conflict in the peak parking demands of the uses for which shared use of off-street parking facilities is proposed, and there will be an adequate amount of parking available to meet the needs for each use. (d) A shared parking and cross access or similar agreement must be approved by the City Planner and recorded against the applicable properties in the County Registrar of Titles’ or Recorder’s office with proof thereof presented to the City. The City must be party to the agreement and no changes shall be made to the agreement unless all parties agree. (Source: Ordinance No. 25-2016, 10-27-2016; Ordinance No. 16-2010, 11-25-2010) Subd. 2. Off-Street Loading Facilities A. Purpose. The purpose of this Subparagraph is to provide a sufficient number of off-street loading facilities so as to allow the safe and convenient movement of traffic along the streets. B. Basic Requirements. 1. Off-street loading berths shall be provided at the time of initial occupancy or enlargement of a structure. The exact number of berths shall depend on the type of transport service utilized and the nature of the use itself. DRIVEWAY WIDTH MAXIMUM MINIMUM One Way 20 feet 12 feet Two Way 30 feet 24 feet 2. A loading facility includes the dock, the berth for the vehicle, maneuvering areas and the necessary screening walls. 3. No loading facility shall be located on a street frontage nor within the required side or rear yard requirements except in the MU, TOD-MU, TOD-E, TOD-R, TC-MU, TC-R and TC-C. C. Special Requirements. 1. All docks shall be located within the perimeter of the structure housing the principal or accessory use and shall be completely enclosed. 2. All berths within the TOD and TC zoning districts shall be completely enclosed and screened with a solid wall. All berths shall be screened from views on the property's street frontages or from the district's boundary by solid wall earth berms or plant materials of at least a height of ten (10) feet. Such walls must be designed so as to be harmonious with the structure having the loading facility. 3. Each loading berth shall have an unobstructed access from a trafficway without moving another vehicle. 4. Parking areas, loading facilities and driveways shall be surfaced with bituminous, concrete, pavers of brick, natural stone, or concrete placed with gaps not exceeding one quarter (¼) inch, turf block, or grasscrete, and graded to dispose of or infiltrate all area surface water without damage to private or public properties, streets, or alleys. The use of gravel, crushed rock, sand, or dirt is prohibited except when used as gap material with pavers. 5. Bumper rails and curbs shall be provided at locations described by the City Manager when needed for safety or to protect property. Section 11.44 Outside Storage, Displays, and Sales Subd 1. In all Districts except I-General, all raw materials, supplies, finished or semi-finished products and equipment shall be stored within a completely enclosed building; provided, however, that motor vehicles necessary to the operation of the principal use and of not more than three-quarter (¾) ton capacity may be stored or parked within the permitted parking lot areas. In I-Gen Districts, outside storage is permitted provided it is screened in accordance with this section. Subd 2. In all Commercial Districts, all materials, supplies, merchandise or other similar matter shall be stored within a completely enclosed building, except merchandise or equipment offered for sale, rental or lease displayed in accordance with the following limitations: A. Temporary Outdoor Display Area. Merchandise or equipment may be displayed and offered for sale, rental or lease outside the confines of a completely enclosed building ("temporary outdoor display area") for a combined time period of sixty (60) days or less of a calendar year only with the prior approval of the City Manager or their designee and provided the temporary outdoor display area: 1. Is screened from public roads and adjacent land uses. 2. Does not encompass an area greater than two percent (2%) of the base area of an enclosed building located on the lot on which the temporary outdoor display area is situated. 3. Does not obstruct pedestrian use of a any designated pedestrian pathway. 4. Is not located within the required front, rear or side yard setback of the lot on which it is located. 5. Is not located in the required parking area unless in accordance with the following: (a) Not more than one-half of one percent (0.005) of the required parking stalls may be utilized for the temporary outdoor display area. (b) Any impact to drive aisles is subject to approval by the Fire Chief. 6. Is not located on public sidewalks or streets. 7. Is not located on a vacant lot. B. Permanent Outdoor Display Area. Merchandise or equipment may be displayed and offered for sale, rental or lease within, but outside the confines of that part of the completely enclosed building, of which it is a part ("permanent outdoor display area") for a combined time period of sixty (60) days or greater of a calendar year only with the prior approval of the City Manager or their designee and provided: 1. The building of which the permanent outdoor display area is a part does not exceed the base area ratio or floor area ratio permitted in the Commercial District. 2. Material or equipment must be screened from public roads and adjacent land uses with a wall of the building. 3. The permanent outdoor display area may not encompass an area greater than six percent (6%) of the base area of the completely enclosed building. C. Outdoor Display Area Limits. Outdoor display area limits may encompass an area no greater than seven percent (7%) of the base area of the completely enclosed building. D. Exemption. The 60-day time period in this section shall not apply to farmers who sell produce from the farm on land occupied and cultivated by themselves. For the purpose of this section only, "farmer" shall be defined as one who engages, as an occupation, in farming operations as a distinct activity for the purpose of producing a farm crop. Subd. 3. The parking or storing of recreational vehicles outside of an enclosed building or structure in all One-Family Residential Districts and all Multi-Family Residential Districts is prohibited, except as hereafter provided. A. No more than two (2) recreational vehicles may be stored or parked outside upon a lot. B. Recreational vehicles not greater than twelve (12) feet in height may be parked or stored on (i) that part of a front yard of a lot occupied by a driveway, provided no part of a recreational vehicle may be closer than fifteen (15) feet from the traveled portion of a street, (ii) that part of a side yard or rear yard of a lot not situated within ten (10) feet of a lot line, or (iii) that part of a side yard within ten (10) feet of a lot line which (a) abuts a front yard, (b) is occupied by a driveway, and (c) is not within fifteen (15) feet of the traveled portion of a street. In addition to the general 12-foot height permitted, minor portions of accessory equipment not exceeding four square feet in vertical cross-section as viewed from the adjacent lot line is permitted. C. Recreational vehicles parked or stored outside for a period in excess of fourteen (14) days must be owned by a person residing on the lot. D. All recreation vehicles parked or stored outside must be in a safe, operable condition and exhibit current license or registration plates or tags if the vehicle is one for which a license or registration plate or tag is required by law for its operation. E. No recreational vehicle shall be used for living, sleeping, or housekeeping purposes when parked or stored in a One-Family Residential District or a Multi-Family Residential District. F. A recreational vehicle must not be parked or stored over or upon a bikeway, pathway, or sidewalk. Subd. 4. No storage or display of any type, including a temporary outdoor sales event, is permitted in any Commercial or Industrial District within the one-half (½) of the front or side street setback nearest the street nor within any side or rear setback. Subd. 5. Temporary Outdoor Sales Events. Temporary outdoor sales events are permitted in any zoning district that permits retail use and only upon compliance with the following: A. Permit Required. No temporary outdoor sales event may be held without first obtaining a permit from the City. Any person who operates a retail business in the principal building on a parcel or the owner of the parcel on which a retail business is located may apply for a temporary outdoor sales permit for the parcel. The applicant must complete an application form provided by the City and submit with the application a complete description of the temporary outdoor sales event and a sketch showing the size and location of the event on the parcel and any other information deemed necessary by the City to consider the application. If the applicant is not the owner of the parcel on which the event will be held, the applicant must provide evidence satisfactory to the City of the owner's consent for the temporary outdoor sales event. The applicant must also submit at the time of the application the then-current permit fee set by Council ordinance or resolution. The City Manager or their designee will approve or deny the permit no more than thirty (30) days from the receipt of the complete application and payment of the applicable fee. Permits are subject to all requirements of this section subsection J.5. Any event held within a tent must obtain a tent permit from the City. B. Location. The temporary outdoor sales event may only be held in the location specified in the approved permit. Any impact to drive aisles is subject to approval by the Fire Chief. The temporary outdoor sales event may not obstruct designated pedestrian pathways. C. Products Sold. Only products regularly sold within the principal building may be sold at the temporary outdoor sales event. D. Size. The temporary outdoor sales event may not encompass an area greater than four percent (4%) of the base area of an enclosed building located on the parcel on which the outdoor sales area is situated. In Industrial Districts and for parcels that include multi-tenant buildings, the outdoor sales area may not exceed four percent (4%) of the gross retail space of the industrial user or tenant for which the permit was issued. Section 11.45 Floodplain Regulations (unchanged) Subd. 1. Statutory Authorization and Purpose. The legislature of the State of Minnesota has, in Minnesota Statutes Chapter 103F and chap. 462 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Minnesota Statutes Chapter 103F further states that communities subject to recurrent flooding must participate and maintain eligibility in the National Flood Insurance Program. Therefore, the City does ordain as follows: A. Statement of Purpose. This section regulates development in the flood hazard areas of the City. These flood hazard areas are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. It is the purpose of this section to promote the public health, safety, and general welfare by minimizing these losses and disruptions. This ordinance is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development. B. National Flood Insurance Program Compliance. This ordinance is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59 -78, as amended, so as to maintain the community's eligibility in the National Flood Insurance Program. Subd. 2. General Provisions. A. How to Use This Section. This section adopts the floodplain maps applicable to the City and includes three (3) floodplain districts: Floodway, Flood Fringe, and General Floodplain. 1. Where Floodway and Flood Fringe districts are delineated on the floodplain maps, the standards in Subdivisions 4 or 5 will apply, depending on the location of a property. 2. Locations where Floodway and Flood Fringe districts are not delineated on the floodplain maps are considered to fall within the General Floodplain district. Within the General Floodplain district, the Floodway District standards in Subdivision 4 apply unless the floodway boundary is determined, according to the process outlined in Subdivision 6. Once the floodway boundary is determined, the Flood Fringe District standards in Subdivision 5 may apply outside the floodway. B. Lands to Which this Section Applies. This section applies to all lands within the jurisdiction of the City shown on the Official Zoning Map and/or the attachments to the map as being located within the boundaries of the Floodway, Flood Fringe, or General Floodplain Districts. The Floodway, Flood Fringe and General Floodplain Districts are overlay districts that are superimposed on all existing zoning districts. The standards imposed in the overlay districts are in addition to any other requirements in this section. In case of a conflict, the more restrictive standards will apply. The City Engineer may review and reasonably utilize any regional flood elevation and floodway data available from a federal, state or other source in determining the boundary of the Floodway, Flood Fringe, or General Floodplain District. C. Incorporation of Maps by Reference. The following maps together with all attached material are hereby adopted by reference and declared to be a part of the Official Zoning Map and this section. The attached material includes the Flood Insurance Study for Hennepin County, Minnesota, and Incorporated Areas, dated November 4, 2016 and the Flood Insurance Rate Map panels enumerated below, dated November 4, 2016, all prepared by the Federal Emergency Management Agency. These materials are on file in the office of the City Engineer. Effective Flood Insurance Rate Map panels include: 27053C0319F 27053C0344F 27053C0432F 27053C0442F 27053C0338F 27053C0410F 27053C0434F 27053C0445F 27053C0339F 27053C0420F 27053C0435F 27053C0343F 27053C0430F 27053C0440F D. Regulatory Flood Protection Elevation. The regulatory flood protection elevation (RFPE) is an elevation no lower than one (1) foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway. E. Interpretation. The boundaries of the zoning districts are determined by scaling distances on the Flood Insurance Rate Map. 1. Where a conflict exists between the floodplain limits illustrated on the official zoning map and actual field conditions, the flood elevations shall be the governing factor. The City Engineer must interpret the boundary location based on the ground elevations that existed on the site on the date of the first National Flood Insurance Program map showing the area within the regulatory floodplain, and other available technical data. 2. Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the Planning Commission and to submit technical evidence. F. Abrogation and Greater Restrictions. It is not intended by this section to repeal, abrogate, or impair any existing easements, covenants, or other private agreements. However, where this section imposes greater restrictions, the provisions of this section prevail. All other ordinances inconsistent with this section are hereby repealed to the extent of the inconsistency only. G. Warning and Disclaimer of Liability. This section does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This section does not create liability on the part of the City or its officers or employees for any flood damages that result from reliance on this section or any administrative decision lawfully made hereunder. H. Severability. If any subdivision, clause, provision, or portion of this section is adjudged unconstitutional or invalid by a court of law, the remainder of this section shall not be affected and shall remain in full force. I. Annexations. The Flood Insurance Rate Map panels adopted by reference into Subdivision 2.C may include floodplain areas that lie outside of the corporate boundaries of the City at the time of adoption of this section. If any of these floodplain land areas are annexed into the City after the date of adoption of this section, the newly annexed floodplain lands will be subject to the provisions of this section immediately upon the date of annexation. J. Detachments. The Flood Insurance Rate Map panels adopted by reference into Subdivision 2.C will include floodplain areas that lie inside the corporate boundaries of municipalities at the time of adoption of this section. If any of these floodplain areas are detached from a municipality and come under the jurisdiction of the City after the date of adoption of this section, the newly detached floodplain lands will be subject to the provisions of this section immediately upon the date of detachment. Subd. 3. Definitions. A. Unless specifically defined below, words or phrases used in this section must be interpreted according to common usage and so as to give this section its most reasonable application. Accessory Use or Structure means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. Base Flood Elevation means the elevation of the "regional flood." The term "base flood elevation" is used in the flood insurance survey. Basement means any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four (4) sides, regardless of the depth of excavation below ground level. Conditional Use means a specific type of structure or land use listed in this section that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that: (a) Certain conditions as detailed in the zoning ordinance exist. (b) The structure and/or land use conform to the comprehensive land use plan if one (1) exists and are compatible with the existing neighborhood. Critical Facilities means facilities necessary to the City's public health and safety, those that store or produce highly volatile, toxic or water-reactive materials, and those that house occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of critical facilities include hospitals, correctional facilities, schools, daycare facilities, nursing homes, fire and police stations, wastewater treatment facilities, public electric utilities, water plants, fuel storage facilities, and waste handling and storage facilities. Development means any humanmade change to improved or unimproved real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. Equal Degree of Encroachment means a method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. Farm Fence means a fence as defined by Minnesota Statutes Section 344.02, Subdivision 1(a)—(d). An open type fence of posts and wire is not considered to be a structure under this section. Fences that have the potential to obstruct flood flows, such as chain link fences and rigid walls, are regulated as structures under this section. Flood means a temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. Flood Frequency means the frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. Flood Fringe means the portion of the Special Flood Hazard Area (one percent annual chance flood) located outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for Hennepin County, Minnesota. Flood Insurance Rate Map means an official map on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM). Flood Prone Area means any land susceptible to being inundated by water from any source (see "Flood"). Floodplain means the beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. Floodproofing means a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. Floodway means the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge. Lowest Floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 Code of Federal Regulations, Part 60.3. Manufactured Home means a structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include the term "recreational vehicle." New Construction means Structures, including additions and improvements, and placement of manufactured homes, for which the start of construction commenced on or after the effective date of this section. Obstruction means any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory floodplain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. One Hundred-Year Floodplain means lands inundated by the Regional Flood. Principal Use or Structure means all uses or structures that are not accessory uses or structures. Reach means a hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two (2) consecutive bridge crossings would most typically constitute a reach. Recreational Vehicle means a vehicle that is built on a single chassis, is four hundred (400) square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this section, the term recreational vehicle is synonymous with the term "travel trailer/travel vehicle." Regional Flood means a flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the one percent (1%) chance or 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in a flood insurance study. Regulatory Flood Protection Elevation (RFPE) means an elevation not less than one (1) foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway. Repetitive Loss means flood-related damages sustained by a structure on two (2) separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds twenty-five percent (25%) of the market value of the structure before the damage occurred. Special Flood Hazard Area means a term used for flood insurance purposes synonymous with "One Hundred-Year Floodplain." Start of Construction means includes substantial improvement, and means the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement that occurred before the building permit's expiration date. The actual start is either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Structure means anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, recreational vehicles not meeting the exemption criteria specified in Subdivision 10.B.2, and other similar items. Substantial Damage means damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred. Substantial Improvement means within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term Substantial Improvement does not, however, include either: (a) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. (b) Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." For the purpose of this ordinance, "historic structure" is as defined in 44 Code of Federal Regulations, Part 59.1. Subd. 4. Establishment of Zoning Districts. A. Districts. 1. Floodway District. The Floodway District includes those areas within Zones AE that have a floodway delineated as shown on the Flood Insurance Rate Map adopted in Subdivision 2.C. For lakes, wetlands and other basins within Zones A and AE that do not have a floodway delineated, the Floodway District also includes those areas that are at or below the ordinary high water level as defined in Minnesota Statutes Section 103G.005, Subdivision 14. 2. Flood Fringe District. The Flood Fringe District includes areas within Zones AE that have a floodway delineated on the Flood Insurance Rate Map adopted in Subdivision 2.C, but are located outside of the floodway. For lakes, wetlands and other basins within Zones A and AE that do not have a floodway delineated, the Flood Fringe District also includes those areas below the one percent (1%) annual chance (100-year) flood elevation but above the ordinary high water level as defined in Minnesota Statutes Section 103G.005, Subdivision 14. 3. General Floodplain District. The General Floodplain District includes riverine areas within Zones A or AE that do not have a delineated floodway as shown on the Flood Insurance Rate Map adopted in Subdivision 2.C. B. Applicability. Within the floodplain districts established in this Subdivision 4, the use, size, type and location of development must comply with the terms of this section and other applicable regulations. In no case shall floodplain development adversely affect the efficiency or unduly restrict the capacity of the channels or floodways of any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems. All uses not listed as permitted uses or conditional uses in Subdivisions 5, 6, and 7 are prohibited. In addition, critical facilities are prohibited in all floodplain districts. Subd. 5. Floodway District (FW). A. Permitted Uses. The following uses, subject to the standards set forth in Subdivison 5.B, are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay district: 1. General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. 2. Industrial-commercial loading areas, parking areas, and airport landing strips. 3. Open space uses, including but not limited to private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, hunting and fishing areas, and single or multiple purpose recreational trails. 4. Residential lawns, gardens, parking areas, and play areas. 5. Railroads, streets, bridges, utility transmission lines and pipelines, provided that the City notifies the Department of Natural Resources' Area Hydrologist at least ten (10) days prior to issuance of any permit for such uses. B. Standards for Floodway Permitted Uses. 1. The use must have a low flood damage potential. 2. The use must not obstruct flood flows or cause any increase in flood elevations and must not involve structures, obstructions, or storage of materials or equipment. 3. Any facility that will be used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four (4) upon occurrence of the regional (one percent (1%) chance) flood. C. Conditional Uses. The following uses may be allowed as conditional uses following the standards and procedures set forth in Subdivision 11.D of this section and City Code Section 11.41 and further subject to the standards set forth in Subdivision 5.D, if otherwise allowed in the underlying zoning district or any applicable overlay district. 1. Structures accessory to the uses listed in Subdivision 5.A and the uses listed in Subdivisions 5.C.2 through 5.C.7. 2. Extraction and storage of sand, gravel, and other materials. 3. Marinas, boat rentals, docks, piers, wharves, and water control structures. 4. Storage yards for equipment, machinery, or materials. 5. Placement of fill or construction of fences that obstruct flood flows. Farm fences are permitted uses. 6. Travel-ready recreational vehicles meeting the exemption standards in Subdivision 10.B. 7. Levees or dikes intended to protect agricultural crops for a frequency flood event equal to or less than the ten-year frequency flood event. D. Standards for Floodway Conditional Uses. 1. All Uses. A conditional use must not cause any increase in the stage of the one percent (1%) chance or regional flood or cause an increase in flood damages in the reach or reaches affected. 2. Fill; Storage of Materials and Equipment: (a) 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. (b) Fill, dredge spoil, and other similar materials deposited or stored in the floodplain must be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. Permanent sand and gravel operations and similar uses must be covered by a long-term site development plan. (c) Temporary placement of fill, other materials, or equipment which would cause an increase to the stage of the one percent (1%) percent chance or regional flood may only be allowed if the City Engineer has approved a plan that assures removal of the materials from the floodway based upon the flood warning time available. 3. Accessory Structures. Accessory structures may be permitted, provided that: (a) Structures are not intended for human habitation; (b) Structures will have a low flood damage potential; (c) Structures will be constructed and placed so as to offer a minimal obstruction to the flow of flood waters; (d) Service utilities, such as electrical and heating equipment, within these structures must be elevated to or above the regulatory flood protection elevation or properly floodproofed; (e) Structures must be elevated on fill or structurally dry floodproofed in accordance with the FP1 or FP2 floodproofing classifications in the State Building Code. All floodproofed structures must be adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls. (f) As an alternative, an accessory structure may be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code, provided the accessory structure constitutes a minimal investment and does not exceed five hundred seventy-six (576) square feet in size. Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria: (1) To allow for the equalization of hydrostatic pressure, there must be a minimum of two (2) "automatic" openings in the outside walls of the structure, with a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding; and (2) There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one (1) foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. 4. Structural works for flood control that will change the course, current, or cross-section of protected wetlands or public waters are subject to the provisions of Minnesota Statutes Section 103G.245. 5. A levee, dike or floodwall constructed in the floodway must not cause an increase to the one percent (1%) chance of regional flood. The technical analysis must assume equal conveyance or storage loss on both sides of a stream. 6. Floodway developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system. Subd. 6. Flood Fringe District (FF). A. Permitted Uses. Permitted uses in the Flood Fringe District are those uses of land or structures allowed in the underlying zoning district(s) that comply with the standards in Subdivision 6.B. B. Standards for Flood Fringe Permitted Uses. 1. All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation. The finished fill elevation for structures must be no lower than one (1) foot below the regulatory flood protection elevation and the fill must extend at the same elevation at least fifteen (15) feet beyond the outside limits of the structure. 2. Accessory Structures. As an alternative to the fill requirements of Subdivision 6.B.1, structures accessory to the uses identified in Subdivision 6.A may be permitted to be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code, provided that: (a) The accessory structure constitutes a minimal investment, does not exceed five hundred seventy-six (576) square feet in size, and is only used for parking and storage. (b) All portions of floodproofed accessory structures below the Regulatory Flood Protection Elevation (RFPE) must be: (i) adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls, (ii) be constructed with materials resistant to flood damage, and (iii) must have all service utilities be water-tight or elevated to above the RFPE. (c) Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria: (1) To allow for the equalization of hydrostatic pressure, there must be a minimum of two (2) "automatic" openings in the outside walls of the structure, with a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding; and (2) There must be openings on at least two (2) sides of the structure and the bottom of all openings must be no higher than one (1) foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. 3. The cumulative placement of fill or similar material on a parcel must not exceed one thousand (1,000) cubic yards, unless the fill is specifically intended to elevate a structure in accordance with Subdivision 6.B.1, or if allowed as a conditional use under Subdivision 6.C. 4. The storage of any materials or equipment must be elevated on fill to the regulatory flood protection elevation. 5. All service utilities, including ductwork, must be elevated or water-tight to prevent infiltration of floodwaters. 6. 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. 7. All fill must be properly compacted and the slopes must be properly protected by the use of riprap, vegetative cover or other acceptable method. 8. All new principal structures must have vehicular access at or above an elevation not more than two (2) feet below the regulatory flood protection elevation, or must have a flood warning/emergency evacuation plan acceptable to the City Engineer. 9. Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the regulatory flood protection elevation. However, any facilities used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four (4) upon occurrence of the regional (one percent (1%) chance) flood. 10. Interference with normal manufacturing/industrial plant operations must be minimized, especially along streams having protracted flood durations. In considering permit applications, due consideration must be given to the needs of industries with operations that require a floodplain location. 11. Manufactured homes and recreational vehicles must meet the standards of Subdivision 10. C. Conditional Uses. The following uses and activities may be allowed as conditional uses, if allowed in the underlying zoning district(s) or any applicable overlay district, following the procedures in Subdivision 11.D and City Code Section 11.41. 1. Any structure that is not elevated on fill or floodproofed in accordance with Subdivisions. 6.B.1 or 6.B.2. 2. Storage of any material or equipment below the regulatory flood protection elevation. 3. The cumulative placement of more than one thousand (1,000) cubic yards of fill when the fill is not being used to elevate a structure in accordance with Subdivision 6.B.1. D. Standards for Flood Fringe Conditional Uses. 1. The standards listed in Subdivisions 6.B.4 through 6.B.10 apply to all conditional uses. 2. Basements are subject to the following: (a) Residential basement construction is not allowed below the regulatory flood protection elevation. (b) Non-residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry floodproofed in accordance with Subdivision 6.D.3. 3. All areas of nonresidential structures, including basements, to be placed below the regulatory flood protection elevation must be floodproofed in accordance with the structurally dry floodproofing classifications in the State Building Code. Structurally dry floodproofing must meet the FP1 or FP2 floodproofing classification in the State Building Code, which requires making the structure watertight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. 4. The placement of more than one thousand (1,000) cubic yards of fill or other similar material on a parcel (other than for the purpose of elevating a structure to the regulatory flood protection elevation) must comply with an approved erosion/sedimentation control plan. (a) The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the regional (one percent (1%) chance) flood event. (b) The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the City Engineer. (c) The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists. 5. Storage of materials and equipment below the regulatory flood protection elevation must comply with an approved emergency plan providing for removal of such materials within the time available after a flood warning. Subd. 7. General Floodplain District (GF). A. Permitted Uses. 1. The uses listed in Subdivision 5.A are permitted uses in the General Floodplain District. 2. All other uses are permitted subject to the floodway/flood fringe evaluation criteria specified in Subdivision 7.B., Subdivision 5 applies if the proposed use is determined to be in the Floodway District. Subdivision 6 applies if the proposed use is determined to be in the Flood Fringe District. B. Procedures for Floodway and Flood Fringe Determinations. 1. Upon receipt of an application for a permit or other approval within the General Floodplain District, the City Engineer shall obtain, review and reasonably utilize any regional flood elevation and floodway data available from a federal, state, or other source. 2. If regional flood elevation and floodway data are not readily available, the applicant shall furnish additional information as needed to determine the regulatory flood protection elevation and whether the proposed use would fall within the Floodway or Flood Fringe District. Information must be consistent with accepted hydrological and hydraulic engineering standards and the standards in Subdivision 7.B.3. 3. The determination of floodway and flood fringe must include the following factors, as applicable: (a) Estimate the peak discharge of the regional (1% chance) flood. (b) Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. (c) Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than one-half (0.5) foot. A lesser stage increase than one-half (0.5) foot is required if, as a result of the stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach must be assumed in computing floodway boundaries. 4. The City Engineer shall review the submitted information and assess the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary. The assessment shall include the cumulative effects of previous floodway encroachments. The City Engineer may seek technical assistance from a designated engineer or other expert person or agency, including the Department of Natural Resources. Based on this assessment, the City Engineer may approve or deny the application. 5. Once the Floodway and Flood Fringe District boundaries have been determined, the City Engineer shall process the permit application consistent with the applicable provisions of Subdivisions 5 and 6. Subd. 8. Land Development Standards. A. In General. Recognizing that flood prone areas may exist outside of the designated floodplain districts, the requirements of this Subdivision 8 apply to all land within the City. B. Subdivisions. No land may be subdivided which is unsuitable for reasons of flooding or inadequate drainage, water supply, or sewage treatment facilities. Manufactured home parks and recreational vehicle parks or campgrounds are considered subdivisions under this section. 1. All lots within the floodplain districts must be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation. 2. All subdivsion shall have road access both to the subdivision and to the individual building sites no lower than two (2) feet below the regulatory flood protection elevation, unless a flood warning emergency plan for the safe evacuation of all vehicles and people during the regional (one percent (1%) chance) flood has been approved by the City Engineer. The plan shall be prepared by a registered engineer or other qualified individual, and shall demonstrate that adequate time and personnel exist to carry out the evacuation. 3. For all subdivisions in the floodplain, the Floodway and Flood Fringe District boundaries, the regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents. 4. In the General Floodplain District, applicants shall provide the information required in Subdivision 7.B to determine the regional flood elevation, the Floodway and Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision site. 5. If a subdivision proposal or other proposed new development is in a flood prone area, any such proposal must be reviewed to assure that: (a) The proposal is consistent with the need to minimize flood damage within the flood prone area, (b) All public utilities and facilities, such as sewer, gas, electrical, and water systems, are located and constructed to minimize or eliminate flood damage, and (c) Adequate drainage is provided to reduce exposure of flood hazard. C. Building Sites. If a proposed building site is in a flood prone area, all new construction and substantial improvements (including the placement of manufactured homes) shall be: 1. Designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; 2. Constructed with materials and utility equipment resistant to flood damage; 3. Constructed by methods and practices that minimize flood damage; and 4. Constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Subd. 9. Public Utilities, Railroads, Roads, and Bridges. A. Public Utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain must be floodproofed in accordance with the State Building Code or elevated to the regulatory flood protection elevation. B. Public Transportation Facilities. Railroad tracks, roads, and bridges to be located within the floodplain shall comply with Subdivisions 5 and 6. These transportation facilities shall be elevated to the regulatory flood protection elevation where failure or interruption of these facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where the City Engineer determines that failure or interruption of transportation services will not endanger the public health or safety. C. On-site Water Supply and Sewage Treatment Systems. Where public utilities are not provided: 1) On-site water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and are subject to the provisions of Minnesota Rules Chapter 4725.4350; and 2) New or replacement on-site sewage treatment systems (i) shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, (ii) shall not be subject to impairment or contamination during times of flooding, and (iii) are subject to the provisions of Minnesota Rules Chapter 7080.2270. Subd. 10. Manufactured Homes, Manufactured Home Parks, and Recreational Vehicles. A. Manufactured Homes. New manufactured home parks and expansions to existing manufactured home parks are prohibited in any floodplain district. For existing manufactured home parks or lots of record, the following requirements apply: 1. Placement or replacement of manufactured homes is prohibited in the Floodway, Flood Fringe and General Floodplain Districts. B. Recreational Vehicles. New recreational vehicle parks or campgrounds and expansions to existing recreational vehicle parks or campgrounds are prohibited in any floodplain district. Placement of recreational vehicles in existing recreational vehicle parks or campgrounds located in the floodplain shall meet the exemption criteria below or be treated as new structures meeting the requirements of this section. 1. Recreational vehicles are exempt from the provisions of this section if they are placed in any of the following areas and meet the criteria listed in Subdivision 10.B.2: (a) Individual lots or parcels of record. (b) Existing commercial recreational vehicle parks or campgrounds. (c) Existing condominium-type associations. 2. Criteria for Exempt Recreational Vehicles: (a) The vehicle must have a current license required for highway use. (b) The vehicle must be highway ready, meaning on wheels or the internal jacking system, attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks. (c) No permanent structural type additions may be attached to the vehicle. (d) The vehicle and associated use must be permissible in any pre-existing, underlying zoning district. (e) Accessory structures are not permitted within the Floodway District. Any accessory structure in the Flood Fringe District must be constructed of flood-resistant materials and be securely anchored, meeting the requirements applicable to manufactured homes in this Subdivision 10.B.2. (f) An accessory structure must constitute a minimal investment 3. Recreational vehicles that are exempt under Subdivision 10.B.2 lose this exemption when development occurs on the site that exceeds a minimal investment for an accessory structure such as a garage or storage building. The recreational vehicle and all accessory structures will then be treated as new structures subject to the elevation and floodproofing requirements of Subdivision 6. No development or improvement on the parcel or attachment to the recreational vehicle is allowed that would hinder the removal of the vehicle should flooding occur. Subd. 11. Administration. A. City Engineer. The City Engineer or other official designated by the City Manager shall administer and enforce this section. B. Permit Requirements. 1. Permit Required. A permit shall be obtained from the City Engineer prior to conducting the following activities in the Floodway District, Flood Fringe District, or General Floodplain District: (a) The erection, addition, modification, rehabilitation, or alteration of any building, structure, or portion thereof. Normal maintenance and repair also requires a permit if such work, separately or in conjunction with other planned work, constitutes a substantial improvement as defined in this section. (b) The change of use of a building, structure, or land. (c) The construction of a dam, fence, or on-site septic system, although a permit is not required for a farm fence as defined in this section. (d) The change or expansion of a nonconforming use. (e) The repair of a structure that has been damaged by flood, fire, tornado, or any other source. (f) The placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain. (g) Relocation or alteration of a watercourse (including new or replacement culverts and bridges), unless a public waters work permit has been applied for. (h) Any other type of "development" as defined in this section. 2. Application for Permit. Permit applications shall be submitted to the City Engineer on forms provided by the City Engineer. The permit application shall include the following as applicable: (a) A site plan showing all pertinent dimensions, existing or proposed buildings, structures, and significant natural features having an influence on the permit. (b) Location of fill or storage of materials in relation to the stream channel. (c) Copies of any required municipal, county, state or federal permits or approvals. (d) Other relevant information requested by the City Engineer as necessary to properly evaluate the permit application. 3. Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. No new or altered building, land, or structure shall be occupied or used in any manner until a certificate of zoning compliance has been issued by the City Engineer stating that the use of the building or land conforms to the requirements of this section. 4. Certification. Upon completion of activities covered by a permit issued under this section, the permit holder shall submit to the City Engineer certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this section. Floodproofing measures shall be certified by a registered professional engineer or registered architect. 5. Record of First Floor Elevation. The City Engineer shall maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the floodplain. The City Engineer shall also maintain a record of the elevation to which structures and alterations or additions to structures are floodproofed. 6. Notifications for Watercourse Alterations. Before authorizing any alteration or relocation of a river or stream, the City Engineer shall notify adjacent communities. If the applicant has applied for a permit from the DNR to work in public waters pursuant to Minnesota Statutes Section 103G.245, this will suffice as adequate notice. The City Engineer shall submit a copy of the notification to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA). 7. Notification to FEMA When Physical Changes Increase or Decrease Base Flood Elevations. As soon as is practicable, but not later than six (6) months after the date such supporting information becomes available, the City Engineer shall notify the Chicago Regional Office of FEMA of physical changes that increase or decrease base flood elevation in the City by submitting a copy of the relevant technical or scientific data. C. Variances. 1. Variance Applications. An application for a variance to the provisions of this section will be processed and reviewed in accordance with Minnesota Statutes Section 462.357 and City Code Section 11.76. 2. Adherence to State Floodplain Management Standards. A variance must not allow a use that is not allowed in the underlying zoning district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. 3. Additional Variance Criteria. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied: (a) The City shall not issue variances within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. (b) The City shall only issue variances upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (c) The City shall only issue variances upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 4. Flood Insurance Notice. The City Engineer shall notify the applicant for a variance that: 1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage; and 2) Such construction below the base or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. 5. General Considerations. The City shall consider the following factors in granting variances and imposing conditions on variances and conditional use permits in floodplains: (a) The potential danger to life and property due to increased flood heights or velocities caused by encroachments; (b) The danger that materials may be swept onto other lands or downstream to the injury of others; (c) The proposed water supply and sanitation systems, if any, and the ability of these systems to minimize the potential for disease, contamination and unsanitary conditions; (d) The susceptibility of any proposed use and its contents to flood damage and the effect of such damage on the individual owner; (e) The importance of the services to be provided by the proposed use to the community; (f) The requirements of the facility for a waterfront location; (g) The availability of viable alternative locations for the proposed use that are not subject to flooding; (h) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future; (i) The relationship of the proposed use to the Comprehensive Land Use Plan and flood plain management program for the area; (j) The safety of access to the property in times of flood for ordinary and emergency vehicles; (k) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site. 6. Submittal of Hearing Notices to the Department of Natural Resources (DNR). The City Engineer shall submit hearing notices for proposed variances to the DNR sufficiently in advance to provide at least ten (10) days' notice of the hearing. The notice shall be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. 7. Submittal of Final Decisions to the DNR. The City Engineer shall forward a copy of all decisions granting variances to the DNR within ten (10) days of such action. The notice shall be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. 8. Record-Keeping. The City Engineer shall maintain a record of all variance actions, including justification for their issuance, and shall report such variances in an annual or biennial report to the Administrator of the National Flood Insurance Program, when requested by the Federal Emergency Management Agency. D. Conditional Uses. 1. Administrative Review. An application for a conditional use permit under this section will be processed and reviewed in accordance with City Code Section 11.41. 2. Factors Used in Decision-Making. In deciding whether to grant a conditional use permit, the Council shall consider all relevant factors specified in Subdivision 11.C.5 of this section and in City Code Section 11.41. 3. Conditions Attached to Conditional Use Permits. The Council may attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this section. Such conditions may include, but are not limited to, the following: (a) Modification of waste treatment and water supply facilities. (b) Limitations on period of use, occupancy, and operation. (c) Imposition of operational controls, sureties, and deed restrictions. (d) Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. (e) Floodproofing measures, in accordance with the State Building Code and this section. The applicant for a conditional use permit shall submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. 4. Submittal of Hearing Notices to the Department of Natural Resources (DNR). The City Engineer shall submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to provide at least ten (10) days' notice of the hearing. The notice shall be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. 5. Submittal of Final Decisions to the DNR. The City Engineer shall forward a copy of all decisions granting conditional use permits under this section to the DNR within ten (10) days of such action. The notice shall be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. Subd. 12. Nonconformities. A. Continuance of Nonconformities. A use, structure, or occupancy of land which was lawful before the passage or amendment of this section but which is not in conformity with the provisions of this section, including historic structures as defined in Subdivision 3.A, may be continued subject to the following conditions. 1. A nonconforming use, structure, or occupancy shall not be expanded, changed, enlarged, or altered in a way that increases its flood damage potential or degree of obstruction to flood flows except as provided in Subdivision 12.A.2. Expansion or enlargement of uses, structures, or occupancies within the Floodway District is prohibited. 2. Any addition or structural alteration to a nonconforming structure or nonconforming use that would result in increasing its flood damage potential shall be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP1 thru FP4 floodproofing classifications) allowable in the State Building Code, except as further restricted in Subdivisions 12.A.3 and 12.A.7. 3. If the cost of all previous and proposed alterations and additions exceeds 50 percent of the market value of any nonconforming structure, that shall be considered substantial improvement, and the entire structure must meet the standards of Subdivisions 5 or 6 for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. The cost of all structural alterations and additions shall include all costs such as construction materials and a reasonable cost placed on all manpower or labor. 4. If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one (1) year, any future use of the premises must conform to this section. 5. If any nonconformity is substantially damaged, it may not be reconstructed except in conformity with the provisions of this section. The applicable provisions for establishing new uses or new structures in Subdivisions 5 or 6 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively. 6. If any nonconforming use or structure experiences a repetitive loss, it shall not be reconstructed except in conformity with the provisions of this section. 7. Any substantial improvement to a nonconforming structure requires that the existing structure and any additions shall meet the requirements of Subdivisions 5 or 6 of this ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District. Subd. 13. Penalties and Enforcement. A. Violation Constitutes a Misdemeanor. Every person who violates the provisions of this section or fails to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional use permits) is guilty of a misdemeanor and will be punished as permitted by law. B. Other Lawful Action. Nothing in this section shall prohibit the City from taking such other lawful action as is necessary to prevent or remedy any violation. If the responsible party does not appropriately respond to the City Engineer within the specified period of time, each additional day that lapses shall constitute an additional violation of this section and will be prosecuted accordingly. C. Enforcement. Violations of the provisions of this section will be investigated and resolved in accordance with the provisions of Section 11.79 of this chapter. In responding to a suspected violation of this section, the City Manager may utilize the full array of enforcement actions available, including but not limited to prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The City shall act in good faith to enforce these official controls and to correct violations of this section to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. Subd. 14. Amendments. A. Floodplain Designation—Restrictions on Removal. The City shall not remove the floodplain designation on the Official Zoning Map from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the Commissioner of the Department of Natural Resources (DNR) if the Commissioner determines that, through other measures, lands are adequately protected for the intended use. B. Amendments Require DNR Approval. The City shall submit all proposed amendments to this section to the Commissioner of the Department of Natural Resources (DNR) for approval prior to adoption. The Commissioner must approve the amendment prior to adoption by the City. C. Map Revisions Require Amendments. This section shall be amended from time to time to incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps adopted in Subdivision 2.C Section 11.46 Architectural Standards Subd. 1. All structures within all districts, except Rural, R1-44, R1-22, R1-13.5, R1-9.5, RM-6.5, and Park and Open Space, shall be developed in accordance with the following design standards: A. Purpose. By adoption of Architectural Standards, the City intends to promote high quality development through aesthetics and functionality. This section applies to all building facades and exterior walls that are or planned to be visible to neighboring properties or the public. The standards are intended to encourage creativity and diversity of design and construction so that structures a) endure over time; b) provide visual enhancement to the City; c) use environmentally sustainable materials and patterns; and d) incorporate design characteristics that enhance the site at the human scale. The City's Design Guidelines provide further reference to the intent of the Architectural Standards. B. Architectural plans shall be prepared by a registered architect and include: 1. Elevations of all sides of the building; 2. Type and color of exterior building materials; 3. A typical floor plan and dimensions of all structures; 4. Location of trash containers, heating, air conditioning and ventilation systems; 5. Proposed screening of trash containers, heating, air conditioning and ventilation systems. C. Exterior Building Materials. 1. In Districts N-Com, C-Com, C-Reg, C-Reg-Ser, C-Hwy, Ofc, Pub A-C, A-OFC, TC-C, TC- R, TC-MU, MU, and RM-2.5, TOD-R, TOD-E, TOD-MU, and GC a minimum of seventy- five percent, (75%), of each façade of the exterior building finish shall consist of at least three (3) contrasting, yet complementary materials, with at least one (1) color variation therein, materials comparable in grade and quality to the following Class I materials: (a) Face brick; (b) Natural stone; (c) Glass; (d) Cast Stone; (e) Cultured Stone; (f) Architectural Precast; (g) Precast Concrete Panel with an exposed aggregate of granite, marble, limestone, or other natural stone material with at least two architectural reveals per panel; and (h) Fiber cement is allowed as a Class I material only in multi-family buildings in the RM- 2.5, TC, C, and TOD districts that allow multi-family dwellings as a permitted use. In such instances, fiber cement must not be the most predominant building material used on a façade; and (i) Other materials equal to or better than these listed above, submitted with specifications for installation and maintenance per industry standard and as approved by the City Planner. (1) Fewer than three (3) materials may be used if three (3) or more color variations are included in those materials. (2) Use of brick, natural stone and glass may be considered as one of several grounds upon which the City Council may grant waivers from Exterior Building requirements through the PUD process. (3) Thin brick may be used in place of full brick only when it is integrally cast or connected to the substrate with mortar or grout, and not applied post-casting. Thin brick is excluded from the waiver opportunity in (2) above Section 3(a)ii. (4) In the C, OFC, TC, TOD, and PUB districts, only Class I materials may be used on the base of multi-story buildings, as visualized in the City's Design Guidelines. 2. In Districts I-2, I-5, and I-Gen, a minimum of seventy-five percent, (75%), of each façade of the exterior building finish shall consist of at least two (2) contrasting, yet complementary materials, with at least one (1) color variation therein, comparable in grade and quality to the following Class I materials: (a) Face brick; (b) Natural stone; (c) Glass; (d) Specially designed precast concrete units if the surfaces have been integrally treated with an applied decorative material or texture and smooth concrete block if scored at least twice; (e) Rock face; (f) Cast Stone; (g) Cultured Stone; (h) Architectural Precast; (i) Precast Concrete Panel with an exposed aggregate of granite, marble, limestone, or other natural stone material with at least two (2) architectural reveals per panel; and (j) Other materials equal to or better than these listed above, submitted with specifications for installation and maintenance per industry standard and as approved by the City Planner. (1) If glass is included as one (1) of the two (2) materials, the other material is required to have no less than two (2) distinct color variations. (2) Use of brick, natural stone and glass may be considered as one of several grounds upon which the City Council may grant waivers from Exterior Building requirements through the PUD process. (3) Thin brick may be used in place of full brick only when it is integrally cast or connected to the substrate with mortar or grout, and not applied post-casting. Thin brick is excluded from the waiver opportunity in (2) above Section 3(a)ii. (4) In the Industrial (I) districts, only Class I materials may be used on the base of multi-story buildings, as visualized in the City's Design Guidelines. 3. In all districts except Rural, R1-44, R1-22, R1-13.5, R1-9.5, and RM-6.5, a maximum of twenty-five percent (25%) of each façade of the exterior building finish may include the following: (a) Stucco; (b) Metal; (c) Exterior Insulation and Finish System (EIFS); (d) Wood as trim or edging material only; (e) Plastic as trim or edging material only; (f) Vinyl as trim or edging material only; and (g) Other materials equal to or better than these listed above submitted with specifications for installation and maintenance per industry standards and as approved by the City Planner. 4. The following provisions apply in the FS district. (a) A minimum of seventy-five percent, (75%), of each façade of the exterior building finish fronting on an arterial roadway shall consist of at least three (3) contrasting, yet complementary materials, with at least one (1) color variation therein, comparable in grade and quality to the following Class I materials: (1) Face brick; (2) Natural Stone; (3) Glass; (4) Cast Stone; (5) Cultured Stone; (6) Architectural Precast (7) Precast Concrete Panel with an exposed aggregate of granite, marble, limestone, or other natural stone material with at least two (2) architectural reveals per panel; and (8) Other materials equal to or better than these listed above, submitted with specifications for installation and maintenance per industry standard and as approved by the City Planner. i. If glass is included as one (1) of the two (2) materials, the other material is required to have no less than two (2) distinct color variations. ii. Use of brick, natural stone, and glass may be considered as one of several grounds upon which the City Council may grant waivers from Exterior Building requirements through the PUD process. iii. Thin brick may be used in place of full brick only when it is integrally cast or connected to the substrate with mortar or grout, and not applied post-casting. Thin brick is excluded from the waiver opportunity in section 3(d)(viii)(b). (b) Building façades with street frontage along roadways classified as anything other than arterial may also use the following as Class I materials towards the required seventy five percent (75%) with two (2) contrasting materials with one (1) color variation therein: (1) Specially designed precast concrete units if the surfaces have been integrally treated with an applied decorative material or texture and smooth concrete block if scored at least twice; (2) Rock face; (c) Building façades not fronting any street shall be required to have a minimum of sixty percent (60%) Class I materials comprised of any combination of the above listed Class I materials with two (2) contrasting materials with one (1) color variation therein. D. Building Articulation. In addition to the materials requirements as listed in this section, architectural design elements will be required in the review of building and site plans. 1. Façade Articulation. Any building façade exceeding forty (40) feet (80 feet in I-2, I-5, I-Gen, and FS) in length shall be designed with recesses or projections of a minimum of four (4) inches in depth in the building façade, material changes, or other methods of building articulation that break down the perceived scale of the building or create visual interest. Rear yard dock walls shall be exempt from this provision. 2. Distinct Ground Level(s). The ground level of any three-story structure (or a structure over thirty-two (32) feet in height) shall be visually distinct from the upper stories. The first two stories of structures four (4) stories and taller shall be visually distinct from the upper stories. The distinction shall be articulated by at least one (1) of the following: an intermediate cornice line; an awning arcade or portico; a change in building materials, texture or detailing; a change in window shape or treatment; or other elements which meet the objective. 3. Façade Transparency. In districts N-Com and C-Com fifty percent (50%) of the first floor façade that is viewed by the public shall be designed to include windows and/or doors to minimize expanses of blank walls. Windows shall be designed to allow transparency between the interior of the building and exterior environment. If the building is a one-story design and the first floor elevation exceeds twelve (12) feet, then only the first twelve (12) feet in building height shall be included in calculating the façade area. The remaining fifty percent (50%) of the first floor façade that is viewed by the public shall be designed to include any or all of the following: landscape materials (plant material, vertical trellis with vines, planter boxes, etc.); and/or architectural detailing and articulation that provides texture on the façade and/or parking structure openings. Buildings located more than one hundred fifty (150) feet from a public right-of-way shall be exempt from these requirements. Facades that provide interior storage areas are also exempt from these requirements. 4. Building Entrances. Primary building entrances shall be clearly defined and highly visible utilizing design features such as protruding or recessed entryways, awnings, canopies, pillars, unique building materials, exterior lighting, and/or architectural details. 5. Roofline Variation. Rooflines add visual interest to the streetscape, reduce the mass of the structure, and create continuity between structures. Roofline variation shall be achieved using one (1) or more of the following methods: (a) Vertical off-set of parapet, cap, or cornice line; (b) Horizontal off-set of parapet, cap or cornice line; (c) Variations of roof pitch; (d) Gables, dormers, hips, sheds. Vaults or other similar roof forms; or (e) Any other technique approved by the City that achieves the intent of this section. Section 11.47 Site Plan and Architectural Design Review Process Subd. 1. Approval Required. No building permit, or land alteration permit for a parking lot, shall be issued for the construction of any (i) building, structure or parking area situated or to be constructed within any District, except, (a) those within the Rural District or One-Family Residential Districts except as provided below in subsection A.(iii) and (b) duplexes (dwellings designed for or occupied by two (2) families), or (ii) building or structure constituting a public infrastructure, situated or to be constructed within any District, including but not limited to Rural and One-Family Residential Districts except as provided below in subsection A.(iii) , unless it shall conform to a Site Plan and Architectural Design as described in C. hereof, or an amendment thereof, which has been approved by the Council and such approval is effective as hereinafter provided. (iii) No Wireless Support Structure conditional use permit shall be issued for a use within the One-Family Residential Districts unless it shall conform to a Site Plan and Architectural Design as described in C. hereof, or an amendment thereof, which has been approved by the City Planner and such approval is effective as hereinafter provided. No building permit, or land alteration permit for a parking lot, shall be issued for the construction of an alteration or enlargement of a (i) building, structure or parking area situated within any District, except, (a) those within the Rural District or One-Family Residential Districts, and (b) duplexes (dwellings designed for or occupied by two (2) families), or (ii) building or structure constituting a public infrastructure, including but not limited to Rural and One-Family Residential Districts, unless it shall conform to a Site Plan and Architectural Design as described in C. hereof, or an amendment thereof, which has been approved by the Council or the City Planner in accordance with the criteria set forth in Section 11.03, Subdivision 6.D and such approval is effective as herein after provided. Subd. 2. Exceptions. The provisions of this subdivision shall not apply to the issuance of a building permit for (a) a building or structure to be built or constructed on land in conformity with a Site Plan approved prior to February 21, 1989, but not more than two (2) years prior to issuance of the building permit by the City Council in connection with the rezoning or platting of the land, or (b) the building or alteration of an antenna or tower except an antenna or tower which is greater than eighty (80) feet in height. (Source: Ordinance No. 1-16, 1-14-2016; Ordinance No. 27-97, 6-13-1997; Ordinance No. 1-89, 3-9- 1989) Subd. 3. The terms "Site Plan and Architectural Design" as used in this subdivision mean a plan produced in written, graphic and/or pictorial form prepared by a registered architect, landscape architect or engineer which shall include the following: A. A detailed natural systems analysis which documents existing physical features such as vegetation, soil types, slopes, hydrologic systems, wildlife, and ecology, B. Proposed construction of all site alterations including grading, drainage, utilities, and storm sewer, C. Building locations, D. Landscaping and screening, E. Lighting, F. Plans for all pylon, monument, and building signs, G. An architectural plan of the exterior of the building or structure intended to be constructed, altered, or enlarged situated on the site depicting the building elevation, including its height from the surface of the ground in its altered or finished condition; its width and depth, its location in relation to the land on which it is situated, and its external appearance such as materials, texture and color, and H. Such other information as may reasonably be required by the City. Subd. 4. The owner of property for which approval of a Site Plan and Architectural Design is required by this subdivision may apply for Site Plan and Architectural Design review and approval by filing an application with the City Planner on the form provided by the City Planner and containing the information required by such form accompanied by a Site Plan and Architectural Design, together with such further information as may reasonably be required by the City Planner. The City Planner shall determine the level of review required for a new or amended Site Plan and Architectural Design based on the criteria set forth below. The City Planner may determine to refer an application to the City multi-department staff "Development Review Committee" for review and recommendation to the City Planner: A. The following are considered administrative amendments to an approved Site Plan and Architectural Design and shall be subject to review and approval by the City Planner. 1. Reduction of parking which meets City Code requirements for size, number and aisle width. Reconfiguration of parking meeting City Code requirements for size, number and aisle width. 2. Changes to landscaping type, location and species that do not fall below the site requirements. B. The following are considered Minor Amendments to an approved Site Plan and Architectural Design and shall be subject to review and consideration for approval by the City Council only without referral to the Planning Commission: 1. Alterations which are code compliant and are ten percent (10%) or less of the Gross Floor Area of a building or two thousand (2,000) square feet whichever is less. The expansion or reduction shall be the cumulative total and/or cumulative reduction after adoption of this amendment to this Section 11.03, Subdivision 6.D.2.A. 2. Facade remodels which are code compliant. C. All other amendments and alterations to an approved Site Plan and Architectural Design, are considered Major Amendments and are subject to review in accordance with Section 11.03, Subdivisions 5 and 6 6.E and 6.F. D. All new buildings, structures, and parking areas and all alterations to existing buildings, structures and parking areas that do not have an approved Site Plan and Architectural Design are subject to review in accordance with Section 11.03, Subdivisions 6.E and 6.F. A Zoning Certificate and Certificate of Occupancy shall be required in accordance with City Code Section 11.77. (Source: Ordinance No. 1-2016, 1-14-2016) Subd. 5. A Site Plan and Architectural Design may be evaluated according to its compliance with the following standards and provisions: A. Adherence to, and consistency with, the City's policies and objectives as reflected in the Comprehensive Guide Plan and City Design Guidelines. B. Adherence to, and consistency with, the City's Code relating to zoning and the subdivision of land. C. The preservation and enhancement of the natural and built environment as well as those modifications already effected by development and construction upon the land, including the minimization of: tree loss, soil removal, wetland, floodplain, lake and creek encroachment; and the maintenance of the general natural topography or physical grade of the land consistent with that of adjoining properties. D. Maintenance of open space to provide a desirable environment both for occupants of the site and the general public. E. Transitions where there are differences in land use, building mass, height, densities, and site intensity, in proximity to that which is the subject of the Site Plan and Architectural Design. Transitions may be accomplished by increased setbacks, berming, plantings, larger lot sizes, lower densities, lower flood area ratios, and smaller buildings. F. Provision for safe and convenient vehicle and pedestrian traffic, including interior drives and parking arrangements which facilitate clear access to public streets, appropriate widths for drives and access points, and the separation of vehicular and pedestrian traffic. G. The minimization of negative impacts upon other land uses of surface water run-off, noise, glare, odors, vibrations, dust, loading areas, parking areas, and refuse areas. H. Compatibility of materials, textures, colors, and other construction details with other structures and uses in the vicinity. I. Such other conditions and criteria as are reasonably related to the health, safety and welfare of the residents of the City and to preservation of the environment. J. Preservation of Heritage Preservation Sites as designated by the Council pursuant to Section 11.05 and adherence to, and consistency with, the City's policies and objectives as reflected in the Heritage Preservation Site Program. Subd. 6. Except as provided for in Subdivisions 4.A. and 4.B.6.D.1. and 6.D.2. a Site Plan and Architectural Design shall not be acted upon by the Council until it has received the recommendation of the Planning Commission or until sixty (60) days have elapsed from the date it has been referred to the Planning Commission for its study and report. Site Plans for City owned park property may not be acted upon by the Council until it has received the recommendation of the Parks, Recreation and Natural Resources Commission or until sixty (60) days have elapsed from the date it has been referred to the Parks, Recreation and Natural Resources Commission for its study and report. No approval shall be given until a public hearing has been held thereon by the Council. A notice of the time, place and purpose of the hearing shall be published in the official newspaper of the City at least ten (10) days before the day of the hearing. A notice shall be mailed at least ten (10) days before the day of the hearing to each owner of property situated wholly or partly within five hundred (500) feet of the property to which the requested approval relates. For the purpose of giving mailed notice, any appropriate records to determine the names and addresses of owners may be used. A copy of the notice and list of the owners and addresses to which the notice was sent shall be attested to by the person giving the notice and shall be made a part of the records of the proceeding. The failure to give mailed notice to the property owners or defects in the notice shall not invalidate the proceeding provided a bonafide attempt to comply with this provision has been made. Approval of the Council shall require a two-thirds (⅔) vote of all the members of the Council. Section 11.50 Shoreland Management (unchanged) Subd. 1. Authorization and Jurisdiction. A. Statutory Authorization. These Shoreland regulations are adopted pursuant to the authorization and policies contained in Minnesota Statutes Section 103F.201—103F.221 and Minnesota Statutes Section 462. B. Jurisdiction. The provisions of this section shall apply to the shorelands of the public waters as classified in Subdivision 7 of this section. Pursuant to Minnesota Regulations, Parts 6120.2500- 6120.3900. no lake, pond, or flowage less than ten (10) acres in size in municipalities need be regulated in a local government's shoreland regulations. A body of water created by a private user where there was no previous shoreland may, at the discretion of the governing body, be exempt from this section. Subd. 2. Declaration of Policy and Procedures. Declaration of Policy. It is hereby found and declared that shorelands of public waters are, or may be, subject to uncontrolled use resulting in: Health and safety hazards, pollution of public waters, loss of property, destruction of fish and wildlife, impairment of natural beauty, and impairment of local tax base all of which adversely affect the public health, safety, and welfare. It is, therefore, the purpose of this section to provide standards and criteria for the subdivision, use and development of the shorelands of public waters in order to preserve and enhance the quality of public waters, conserve the economic and natural environmental values of shorelands, and provide for wise utilization of water and related land resources, and thereby promote and protect the public health, safety, and welfare. Subd. 3. Interpretation and Severability. In interpreting and applying the provisions of this section, such provisions shall be held to be minimum requirements for the promotion of the public health, safety, prosperity and general welfare. It is not the intention of this section to interfere with any other provision of the City Code, however, where this section imposes a greater restriction upon the use or improvement of any premises than those imposed or required by other City Code provisions, rules, regulations or permits of the City, State, or appropriate Watershed District, the provisions of this section shall govern. Subd. 4. Definitions. The following terms, as used in this section, shall have the meanings stated: Bluff means a topographic feature such as a hill, cliff, or embankment having all the following characteristics (an area with an average slope of less than eighteen (18) percent over a distance for fifty (50) feet or more shall not be considered part of the bluff): a. Part or all of the feature is located in a shoreland area; b. The slope rises at least twenty-five (25) feet above the ordinary high water level of the waterbody; c. 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 d. The slope must drain toward the waterbody. Bluff impact zone means a bluff and land located within twenty (20) feet beyond the top of a bluff. Building line means a line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend. Clear cutting means removal of all existing significant natural vegetation on a lot. Commissioner means the Commissioner of the Department of Natural Resources. Lot Abutting means any lot directly abutting the Ordinary High Water Level or within one hundred fifty (150) feet thereof shall be considered an abutting lot. Ordinary high water level means the boundary of public waters and wetlands, and shall be at an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowage, the ordinary high water level is the operating elevation of the normal summer pool. Public waters means any waters as defined in Minnesota Statutes Section 103.G.005, Subdivisions 15 and Subdivision 18. Setback means the minimum horizontal distance between a structure, sewage treatment system, or other facility and an ordinary high water level, sewage treatment system, top of a bluff, road, highway, property line, or other facility. Sewage treatment system means a septic tank and soil absorption system or other individual or cluster type sewage treatment system as described and regulated in Subdivision 17 of this ordinance. Sewer system means pipelines or conduits, pumping stations, and force main, and all other construction, devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal. Shore impact zone means land located between the ordinary high water level of a public water and a line parallel to it at a setback of fifty percent (50%) of the required structure setback. Shoreland means Land located within the following distances from public waters: one thousand (1,000) feet from the ordinary high water level of a lake, pond, or flowage; and three hundred (300) feet from a river or stream, or the landward extent of a floodplain designated by code on a river or stream, whichever is greater. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the commissioner. Shoreline means the shoreline for public waters is defined as the normal ordinary high water level. Toe of the bluff means the lower point of a 50-foot segment with an average slope exceeding eighteen (18) percent. Top of the bluff means the higher point of a 50-foot segment with an average slope exceeding eighteen (18) percent. Water-oriented accessory structure means a structure used solely forwatercraft storage including storage of related boating and water-oriented sporting equipment. One hundred-Year Frequency Flood Level means the elevation that a creek, pond, or lake can be expected to reach once in one hundred (100) years. Subd. 5. Administration, Application and Issuance of Certain Permits. A. Permit Required. A permit issued by the City shall be applied for and obtained prior to construction, installation of sewer and water facilities, and grading and filling within any part of shoreland area. B. Applications for Permit. Application for permit within any part of a shoreland area shall be made in conformance with procedures set forth in Section 11.55, Subdivision 5.A. Application for Land Alteration Permit, Fees, Council Action, Bond in addition to the requirements of this subdivision. (Source: Ordinance No. 14-2004, 6-10-2004) C. Factors Considered Prior to Granting Permit. In exercising its discretion to grant or deny permits, the Council may consider, among other things, the following: 1. Adequacy of lot size and building setbacks. 2. Adequacy of sewer and water facilities. 3. Adequacy of grading, filling and restoration. 4. Whether the structures will be structurally safe for use by the intended users. 5. Whether the facility will comply with the regulations and shoreland protection measures contained in this section. 6. Whether the proposed structure will create a volume of traffic on the public water in the vicinity of the facility which will tend to be unsafe. 7. Whether the proposed facility will be compatible with adjacent development. 8. Whether the proposed facility will be compatible with the maintenance of the natural beauty of the public water. 9. Whether the proposed facility will affect the quality, or ecology of the public water. 10. Whether the proposed facility, by reason of noise, fumes or other nuisance characteristics, will tend to be a source of nuisance or annoyance to persons in the vicinity of the facility. 11. Whether adequate sanitary and parking facilities will be provided in connection with the proposed facility. D. Permit Conditions. The Council may impose written conditions on the issuance of a permit. A violation of the terms and conditions of a permit is a violation of this section and grounds for revocation of the permit. (Source: Ordinance No. 14-2004, 6-10-2004) E. Notification Procedures. 1. Copies of all notices of any public hearing to consider variances, amendments or conditional uses under any provision of this section must be sent to the Commissioner or the Commissioner's designated representative and post-marked at least ten (10) days before the hearing. Notices of hearings to consider proposed plats must include copies of the plats. 2. A copy of approved amendments and plats, and final decision granting variances or conditional uses under this section must be sent to the Commissioner or the Commissioner's designated representative and post-marked within ten (10) days of final action. (Source: Ordinance No. 14-2004, 6-10-2004) Subd. 6. Variance Standards. A. Procedures for Considering Variance Application. A variance from strict conformity with the terms of this section may be granted in conformance with the provisions for granting variances set forth in Section 11.76 of this chapter. Upon receiving an application for a variance, the Board of Adjustments and Appeals, prior to rendering a decision thereon, may require the applicant to furnish the following information, as deemed necessary by the Board, for determining the suitability of a particular site for the proposed use: 1. Plans showing elevation of the ground water supply, sanitation facilities, photographs showing existing land uses, vegetation upstream and downstream and soil types. 2. Specification for building constriction (including lot size and setbacks), filling, and grading, water supply, and sanitary facilities. 3. Such other information as may bear on the suitability of the proposed structure or development. In considering variance requests, the Boards of Adjustment and Appeals must also consider whether the property owner has reasonable use of the lands without the variance, whether the existing sewage treatment system on the property needs upgrading before additional development is approved, whether the property is used seasonally or year-round, whether the variances is being requested solely on the basis of economic considerations, and the characteristics of development on adjacent properties. (Source: Ordinance No. 14-2004, 6-10-2004) B. Provisions of the variance regulations contained in this section shall apply. For existing developments, the application for variance must clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. The variance, if issued, must require reconstruction of a nonconforming sewage treatment system. C. Administration of Variance. Refer to Subdivision 5 entitled Administration, Application and Issuance of Certain Permits. Subd. 7. Shoreland Classification System and Profile. A. The public waters of the City are as set forth below: 1. Natural Environment Waters Protected Water Inventory I.D.# Grass Lake 27-80P McCoy Lake 27-77W Mitchell Lake 27-70P Neill Lake 27-79P Rice Marsh Lake 10-1P Rice Lake 27-132P Round Lake 27-71W School Pond 27-75W Smetana Lake 27-73W Super Valu Pond (unnamed pond) 27-72P 2. Recreational Development Waters Protected Waters Inventory I.D.# Anderson Lake 27-62P Bryant Lake 27-67P Duck Lake 27-69P Idlewild Lake 27-74P Riley Lake 10-2P Red Rock Lake 27-76P Staring Lake 27-78P 3. General Development Waters General Legal Description From: Sec/T/R To: Sec/T/R Minnesota River 31/116/22(City Limit) 36/116/22(City Limit) Nine Mile Creek 02/116/22(City Limit) 03/116/22(City Limit) 12/116/22(City Limit 02/116/22(27-67-P) Purgatory Creek 06/116/22(City Limit) 05/116/22(City Limit) 06/116/22(City Limit) 36/116/22(MN River) Riley Creek 18/116/22(10-1P) 32/116/22(MN River) Subd. 8. Zoning Restrictions. No building permit shall be issued for any lots zoned as rural, residential, commercial, office, industrial, public or any sub-zoning district thereof which are within the Shoreland unless the use is in conformance with this chapter and conforms to the following lot size dimensions and setbacks. A. Natural Environment Waters. 1. Single Family Housing Detached Dwellings. a. Lots abutting without public sewer. (1) Minimum lot size - five (5) acres. (2) Minimum width at building line - three hundred (300) feet. (3) Minimum width at Ordinary High Water Level - two hundred (200) feet. (4) Minimum setback from Ordinary High Level - two hundred (200) feet. b. Lots abutting with public sewer and water. (1) Minimum lot size - forty thousand (40,000) square feet. (2) Minimum width at building line - one hundred fifty (150) feet. (3) Minimum width at Ordinary High Water Level - one hundred fifty (150) feet. (4) Minimum setback from Ordinary High Water Level - one hundred fifty (150) feet. 2. Multiple Housing Attached Dwellings. a. Lots must have public sewer and water. b. Lots abutting: (1) Minimum lot size - thirty thousand (30,000) square feet/unit. (2) Minimum width at building line - one hundred fifty (150) feet. (3) Minimum width at Ordinary High Water Level - one hundred fifty (150) feet. (4) Minimum setback from Ordinary High Water Level - one hundred fifty (150) feet. (5) Structures shall not comprise more than fifty percent (50%) of the length of the shoreland within the lot. 3. Office and Institutional. a. Lots must have public sewer and water. b. Lots abutting: (1) Minimum lot size - ten (10) acres. (2) Minimum width at building line - two hundred (200) feet. (3) Minimum width at Ordinary High Water Level - two hundred (200) feet. (4) Minimum setback from Ordinary High Water Level - two hundred (200) feet. 4. Commercial and Industrial (no outside storage allowed). a. Lots must have public sewer and water. b. Lots abutting: (1) Minimum lot size - ten (10) acres. (2) Minimum width at building line - two hundred (200) feet. (3) Minimum width at Ordinary High Water Level - two hundred (200) feet. (4) Minimum setback from Ordinary High Water Level - two hundred (200) feet. B. Recreational Development Waters. 1. Single Family Housing Detached Dwellings. a. Lots abutting without public sewer: (1) Minimum lot size - five (5) acres. (2) Minimum width at building line - three hundred (300) feet (Rural - three hundred (3000 feet). (3) Minimum width at Ordinary High Water Level - one hundred fifty (150) feet. (4) Minimum setback from Ordinary High Water Level - one hundred (100) feet. b. Lots abutting with public sewer and water: (1) Minimum lot size - twenty thousand (20,000) square feet. (2) Minimum width at building line - one hundred twenty (120) feet. (3) Minimum width at Ordinary High Water Level - one hundred twenty (120) feet. (4) Minimum setback from Ordinary High Water Level - one hundred (100) feet. 2. Multiple Housing Attached Dwellings. a. Lots must have public sewer and water. b. Lots abutting: (1) Minimum lot size - fifteen thousand (15,000) square feet/unit. (2) Minimum width at building line - one hundred twenty (120) feet. (3) Minimum width at Ordinary High Water Level - one hundred twenty (120) feet. (4) Minimum setback from Ordinary High Water Level - one hundred fifty (150) feet. (5) Structures shall not comprise more than fifty percent (50%) of the length of the shoreland within the lot. 3. Office and Institutional. a. Lots must have public sewer and water. b. Lots abutting: (1) Minimum lot size - five (5) acres. (2) Minimum width at building line - two hundred (200) feet. (3) Minimum setback from Ordinary High Water Level - two hundred (200) feet. (4) Minimum width at Ordinary High Water Level - two hundred (200) feet. 4. Commercial and Industrial (no outside storage allowed). a. Lots must have public sewer and water. b. Lots abutting: (1) Minimum lot size - ten (10) acres. (2) Minimum width at building line - two hundred (200) feet. (3) Minimum width at Ordinary High Water Level - two hundred (200) feet. (4) Minimum setback from Ordinary High Water Level - two hundred (200) feet. C. General Development Waters. 1. Single Family Housing Detached Dwellings. a. Lots abutting without public sewer: (1) Minimum lot size - five (5) acres. (2) Minimum width at building line - one hundred twenty (120) feet. (3) Minimum width at Ordinary High Water Level - one hundred twenty (120) feet. (4) Minimum setback from Ordinary High Water Level - one hundred (100) feet. b. Lots abutting with public sewer and water: (1) Minimum lot size - thirteen thousand five hundred (13,500) square feet. (2) Minimum width at building line - one hundred twenty (120) feet. (3) Minimum width at Ordinary High Water Level - one hundred twenty (120) feet. (4) Minimum setback from Ordinary High Water Level - one hundred (100) feet. 2. Multiple Housing Attached Dwellings. a. Lots must have public sewer and water. b. Lots abutting: (1) Minimum lot size - ten thousand (10,000) square feet/unit (2) Minimum width at building line - one hundred (100) feet. (3) Minimum width at Ordinary High Water Level - one hundred twenty (120) feet. (4) Minimum setback from Ordinary High Water Level - one hundred fifty (150) feet. (5) Structures shall not comprise more than 50% of the length of the shoreland within the lot. 3. Office and Institutional. a. Lots must have public water and sewer. b. Lots abutting: (1) Minimum lot size - two (2) acres. (2) Minimum width at building line - one hundred fifty (150) feet. (3) Minimum width at Ordinary High Water Level - one hundred fifty (150) feet. (4) Minimum setback from Ordinary High Water Level - one hundred fifty (150) feet. 4. Commercial. a. Lots must have public water and sewer. b. Lots abutting: (1) Minimum lot size - 2 acres. (2) Minimum width at building line - one hundred fifty (150) feet. (3) Minimum width at Ordinary High Water Level - one hundred fifty (150) feet. (4) Minimum setback from Ordinary High Water Level - one hundred fifty (150) feet. 5. Industrial. a. Lots must have public water and sewer. b. Lots abutting: (1) Minimum lot size - 5 acres. (2) Minimum width at building line - one hundred fifty (150) feet. (3) Minimum width at Ordinary High Water Level - one hundred fifty (150) feet. (4) Minimum setback from Ordinary High Water Level - one hundred fifty (150) feet. D. Additional Special Provisions. 1. Where development exists on both sides of a proposed building site within the same lot as the proposed building site, structural setbacks may be altered to take setbacks of existing structures into account if approved by the City Manager or designee, provided the proposed building site is not within a shore or bluff impact zone. 2. Commercial, industrial, or permitted open space uses requiring location on or near public waters may be allowed as a variance closer to such waters than the setbacks specified in this section. 3. Septic tanks and soil absorption systems shall be setback from the ordinary high water level in accordance with the class of public water: a. Natural Environment Waters, at least one hundred fifty (150) feet. b. Recreational Development Waters, at least one hundred (100) feet. c. General Development Waters, at least one hundred (100) feet. E. Additional Structure Setbacks. The following additional structure setbacks apply, regardless of the classifi-cation of the waterbody: Setback From: Setback (in feet): 1. Top of bluff 30 for principle structure 2. Unplatted cemetery 50 3. Right-of-way line of public street, or other roads or streetsnot classified 20 F. Bluff Impact Zones. Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones. G. Steep Slopes. The City Manager or designee shall required soil erosion protection and must evaluate possible soil erosion impacts, soil protection and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation. H. Uses Without Water-oriented Needs. Commercial, industrial, public and semi-public uses without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be setback double the normal ordinary high water level setback or be substantially screened from view as determined by the City Manager or designee from the water by vegetation or topography, assuming summer, leaf-on conditions as determined by the City Manager or designee. Subd. 9. Design Criteria for Structures. A. High Water Elevation. Structures shall be placed such that the lowest floor elevation is at least two (2) feet above the 100-Year Frequency Flood Level. B. Water-oriented Accessory Structures. Each lot may have one (1) water-oriented accessory structure not meeting the normal structure setback in Subdivision 8 of this section if this water-oriented accessory structure complies with the following provisions: 1. The structure or facility must not exceed ten (10) feet in height, exclusive of safety rails, and cannot occupy an area greater than two hundred fifty (250) square feet; 2. The setback of the structure or facility from the ordinary high water level must be at least ten (10) feet; 3. The structure or facility must 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. The roof of any water-oriented structure may not be used as a storage area; 5. The structure or facility must not be designed or used for human habitation and must not contain water supply, or sewage treatment facilities. 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 shore areas. Stairways and lifts must meet the following design requirements: 1. Stairways and lifts must not exceed four (4) feet in width on residential lots. Wider stairways may be used for commercial properties, public open-space recreational properties. 2. Landings for stairways and lifts on residential lots must not exceed thirty-two (32) square feet in area. Landings greater than thirty-two (32) square feet but less than sixty-four (64) square feet may be used for commercial properties, and public open-space recreational properties. 3. Canopies or roofs are not allowed on stairways, lifts, or landings. D. Controlled Access. Lots intended as controlled accesses to public waters or as recreation areas for use by owners of nonriparian lots within subdivisions are permissible and must meet or exceed the following standards: 1. The lot must meet the width and size requirements for residential lots as required by Subdivision 8 of this section. 2. If docking, mooring, or over-water storage of more than six (6) watercraft is to be allowed at a controlled access lot, then the width of the lot (keeping the same lot depth) must be increased by twenty-five percent (25%) of the requirements for riparian residential lots for each watercraft beyond six (6). 3. The lot must be jointly owned by all purchasers of lots in the subdivision or by all purchasers of nonriparian lots in the subdivision who are provided riparian access rights on the access lot. 4. Covenants must be developed that specify which lot owners have authority to use the access lot and what activities are allowed. The activities may include watercraft launching, loading, storage, beaching, mooring, or docking. The covenants must also include other outdoor recreational activities that do not significantly conflict with general public use of the public water or the enjoyment of normal property rights by adjacent property owners. Examples of the nonsignificant conflict activities include but are not limited to, swimming, sunbathing, or picnicking. The covenants must limit the total number of vehicles allowed to be parked and the total number of watercraft allowed to be continuously moored, docked, or stored over water, and must require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alterations. The covenants must also require all parking areas, storage buildings, and other facilities to be screened by vegetation or topography as much as practical from view from the public water, assuming summer, leaf-on conditions. The covenants must be filed with the County Recorder or the Registrar of Titles for Hennepin County. Subd. 10. Placement and Height of Structures. A. Placement of Structures on Lots. When more than one (1) setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided the proposed building site is not located in a shore impact zone or in a bluff impact zone. Structures shall be located as follows: 1. 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. 2. Stairways, lifts, and landings must be located in the most visually inconspicuous portions of lots, so as to minimize the view from the surface of the public water assuming summer, leaf-on conditions, whenever practical. 3. 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 Subdivisions 9.B and 9.C are complied with in addition to the requirements as contained in Minnesota Rules, Chapter 1340 a copy of which is hereby adopted by reference and declared to be a part of this ordinance. B. Height of Structures. All structures in residential districts, must not exceed thirty-five (35) feet in height. Subd. 11. Shoreland Alterations. Alterations of vegetation and topography is regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat. A. Vegetation Alterations. 1. Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads, utilities, and parking areas shall be regulated by this section and this chapter. 2. Removal or alteration of vegetation, except for agricultural uses as regulated in Subdivision 14 is allowed subject to the following standards: a. Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed. b. 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 placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities, provided that: (1) The minimal amount of vegetation is altered; (2) The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced; (3) Along rivers, existing shading of water surfaces is preserved; (4) The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards; and (5) All disturbed areas are restored to prevent erosion potential. B. Topographic Alterations/Grading and Filling. 1. A grading and filling permit will be required for the movement of more than ten (10) cubic yards of material within steep slopes and shore and bluff impact zones. 2. The issuance of construction permits, grading and filling permits, variances and subdivision approvals are subject to evaluation based on the following criteria: a. Grading or filling in any type 2, 3, 4, 5, 6, 7 or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland: (1) Sediment and pollutant trapping and retention; (2) Storage of surface runoff to prevent or reduce flood damage; (3) Fish and wildlife habitat; (4) Recreational use; (5) Shoreline or bank stabilization; and (6) Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or others. b. 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; c. Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible; d. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used; e. 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; f. Fill or excavated material must not be placed in a manner that creates an unstable slope; g. Plans to place fill or excavated material on steep slopes must be reviewed by registered Engineer for continued slope stability and must not create finished slopes of thirty percent (30%) or greater; h. Fill or excavated material must not be placed in bluff impact zones; i. Any alterations below the ordinary high water level of public waters must first be authorized by the Commissioner of Department of Natural Resources under Minnesota Statutes Section 103G.245; j. 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; and k. Placement of natural rock riprap, including associated grading of the 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 riprap is within ten (ten) feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three (3) feet. 3. Alteration of Beds of Public Waters. a. Any work which will change or diminish the course, current or cross section of a public water shall be approved by the Commissioner of the Department of Natural Resources before the work is begun. This includes construction of channels, ditches, lagooning, dredging of lakes or stream bottoms or removal of muck, silt, or weeds and filling in the lake or stream bed. Approval shall be construed to mean the issuance, by the Commissioner, or a permit under the procedures of Minnesota Statutes Section 103G.245 and other related statutes. b. Permission for excavation on shorelands where the intended purpose is connection to protected water, such as boat slips, canals, lagoons, and harbors, may be given only after the Commissioner of the Department of Natural Resources has approved the proposed connection. Approval shall only be given if the proposed work is consistent with applicable State regulations for work in beds of public waters. Subd. 12. Placement and Design of Roads, Driveways, and Parking Areas. A. Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation must be provided by a registered architect, registered landscape architect, or registered professional that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical materials. B. All roads and parking areas shall meet the setback requirements established for structures in Subdivision 8 of this section. C. Roads, driveways, parking areas and any other impervious surfaces must not be placed within bluff and shore impact zones. If no alternatives exist, they may be placed within these areas, but shall not be placed closer than fifty (50) feet of the Ordinary High Water Level, and must be designed to minimize adverse impacts. Exceptions to this requirement include recreation trials and boat launch ramps. D. Public and private watercraft access ramps, approach roads, and access-related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this subpart are met. Grading and filling provisions of City Code must be met for these facilities. E. Natural vegetation shall be used in order to screen parking areas when viewed from a public water. Subd. 13. Stormwater Management. A. Existing natural drainageways, wetlands, and vegetated soil surfaces should be used to convey, store, filter, and retain stormwater runoff before discharge to public waters, unless an improved drainage system meets all necessary regulations. B. Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site. C. When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. D. The installation of any erosion control measures are subject to the Minnesota Pollution Control Agency's Urban Best Management Practices, a copy of which is hereby adopted by reference and declared to be a part of this ordinance. E. Impervious Surfaces. The total area of all impervious surfaces on a lot shall not exceed thirty percent (30%) of the total lot area. F. When proposed facilities are used for stormwater management, documentation must be provided by a registered Engineer that they will be designed and installed consistent with the field office technical guide of the local soil and water conservation districts of Hennepin County, and United States Soil Conservation Service. G. Newly constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge. Subd. 14. Agriculture Use Standards. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting may be conducted if steep slopes and shore and bluff impact zones are maintained in accordance with this chapter and such use otherwise conforms to the requirements of this chapter. Subd. 15. Water and Waste Systems. Nonconforming sewage treatment systems shall be regulated and upgraded in accordance with Subdivision 16 of this section. A. Sanitary Restrictions. 1. A public or private supply of water for domestic purposes shall conform to Minnesota Rules Chapter 4720 and 4725 and 7048-7100. 2. Private wells shall be placed in areas not subject to flooding and upslope from any source of contamination. Wells already existing in areas subject to flooding shall be flood proofed in accordance with accepted engineering standards. B. Water Supply and Sewage Treatment. 1. Water Supply. Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the Minnesota Department of Health and the Minnesota Pollution Control Agency. 2. Sewage Treatment. Any premises used for human occupancy must be provided with an adequate method of sewage treatment, as follows: a. Publicly-owned sewer systems must be used where available. b. All private sewage treatment systems must meet or exceed the Minnesota Pollution Control Agency's standards for individual sewage treatment systems contained in the document titled. "Individual Sewage Treatment Systems Standards, Minnesota Rules Chapter 7080" a copy of which is hereby adopted by reference and declared to be a part of this ordinance. c. On-site sewage treatment systems must be setback from the ordinary high water level in accordance with the setbacks contained in Subdivision 8 of this section. d. Public sewage disposal and commercial, agricultural, solid waste, and industrial waste disposal, shall be subject to the standards of the Minnesota Rules Chapters 7020 Animal Feedlots, 7035 Solid Waste, 7040 Sewage Sludge Management, 7048 Waste Disposal - Operators, Inspections, 7060 Underground Waters, 7065 Effluent standards for Disposal Systems, 7077 Wastewater Treatment Assistance, a copy of which is hereby adopted by reference and declared to be a part of this ordinance. C. Septic Tank and Soil Absorption System. 1. Location and installation of septic tanks and/or soil absorption systems shall be such that, with reasonable maintenance, it will function in a sanitary manner and will not create a nuisance, endanger the domestic water supply, nor pollute or contaminate any waters in the State. In determining a suitable location for the tank or system, consideration shall be given to the size and shape of the lot, slope of natural grade, soil permeability, high ground water elevation, geology, proximity to existing and future water supplies, accessibility for maintenance and possible expansion of system. 2. Soil absorption systems shall not be allowed in the following areas for disposal of domestic sewage: low swampy areas or areas subject to recurrent flooding; areas where the highest known ground water table, bedrock, or impervious soil conditions are within four (4) feet of the bottom of the systems; and area of ground slope which create a danger of seepage of the effluent onto the surface of the ground. D. Permits—Nonconforming Sewage Treatment System. Permits shall stipulate that any identified nonconforming sewage treatment system, as defined by Minnesota Rules 7080, Individual Sewage Treatment Systems, shall be reconstructed or replaced in accordance to the standards found in Minnesota Rules 7080. E. Inspection. The Building Inspector shall make such inspection or inspections as are necessary to determine compliance with this section. No part of any soil absorption system or septic tank shall be covered until it has been inspected and accepted by the Building Inspector and a permit has been obtained from the City pursuant to Subdivision 5 of this section. It shall be the responsibility of the applicant for the permit to notify the Inspector that the job is ready for inspection or reinspection, and it shall be the duty of the Inspector to make the indicated inspection within a reasonable time after such notice has been given. It shall be the duty of the owner or occupant of the property to give the Inspector free access to the property at reasonable times for the purpose of making such inspections. If upon inspection the Inspector discovers that any part of the system is not constructed in accordance with the minimum standards in this section, he shall give the applicant written notification describing defects. The applicant shall be responsible for correction or elimination of all defects, and no system shall be placed or replaced in service until all defects have been corrected or eliminated. Upon final inspection approval, the Inspector shall so notify the applicant in writing. Subd. 16. Non-Conforming Structures, Lots, or Sewage Treatment Systems. An existing structure or use which was lawful before adoption of this section, but which is not in conformity with the provisions of this section, may be continued subject to the following conditions: A. No structure or use shall be expanded, changed, enlarged, or altered in any way without complying in all respects with this section. B. If any non-conforming structure is destroyed or damaged by any means, to the extent that the cost of repairing or restoring such destroyed or damaged non-conforming structure would be fifty percent (50%) or more of the Assessor's Market Value for tax purposes at the time of damage, then it shall not be reconstructed except in full compliance in all respects with the provisions of this section, including, but not limited to, the obtaining of all required permits. C. Substandard Lots. The City may issue a building permit for a lot of record in the office of the County Recorder prior to the date of enactment of this section which does not meet the lot size requirements of this subdivision, provided the lot complies with setback provisions and sanitary restrictions of this section, and is in separate ownership from abutting lands, except those lots not in separate ownership. D. Nonconforming Sewage Treatment Systems. 1. A sewage treatment system not meeting the requirement of Minnesota Rules 7080, entitled Individual Sewage Treatment Systems, must be upgraded, at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of, the property. For the purposes of this provision, a sewage treatment system shall not be considered nonconforming if the only deficiency is the sewage treatment system's improper setback from the ordinary high water level. 2. The City will require upgrading or replacement of any nonconforming system within a reasonable period of time which will not exceed two (2) years. Sewage systems installed according to all applicable local shoreland management standards adopted under Minnesota Statutes Section 103F.201, in effect at the time of installation may be considered as conforming unless they are determined to be failing, except that systems using cesspools, leaching pits, seepage pits, or other deep disposal methods, or systems with less soil treatment area separation above groundwater than required by the Minnesota Rules Chapter 7080 for design of on-site sewage treatment systems, shall be considered nonconforming. Subd. 17. Subdivision Restrictions. A. Land Suitability. No permit shall be granted for land to be subdivided which the City finds to be unsuitable for the proposed use because of wetlands, near-shore aquatic conditions unsuitable for water-based recreation, important fish and wildlife habitat, presence of significant historic sites, flooding, inadequate drainage, soil and rock formation, severe erosion potential, unfavorable topography, inadequate water supply or sewage disposal capabilities, or any other feature likely to be harmful to the health, safety or welfare of future residents. B. Inconsistent Plats. All plats which are inconsistent with this section shall be received and reviewed by the Commissioner ten (10) days before a hearing is called by the City for consideration of approval of a preliminary plat. C. Copies of Plats. The Commissioner shall receive all plats within shoreland areas within ten (10) days of final approval by the City. Subd. 18. Information Requirements. Sufficient information must be submitted by the applicant for the city to make a determination of land development suitability. The information shall include at least the following: A. Topographic contours at two-foot intervals showing limiting site characteristics; B. The surface water features required in Minnesota Statutes Section 505.02, Subdivision 1, to be shown on plats, obtained from United States Geological Survey quadrangle topographic maps or more accurate sources; C. Adequate soils information to determine suitability for building and on-site sewage treatment capabilities for every lot from the most current existing sources or from field investigations such as soil boring, percolation tests, or other methods; D. Information regarding adequacy of domestic water supply; extent of anticipated vegetation and topographic alterations; near-shore aquatic conditions, including depths, types of bottom sediments, and aquatic vegetation; and proposed methods for controlling stormwater runoff and erosion, both during and after construction activities; E. Location of shoreland areas, 100-year flood plain areas from existing adopted maps or data; and F. A line or contour representing the ordinary high water level, the "toe" and the "top" of bluffs, and the minimum building setback distances from the top of the bluff and the lake or stream. G. When a land or easement dedication is a condition of subdivision approval, the approval must provide easements over natural drainage or ponding areas for management of stormwater and significant wetlands. H. Controlled Access or Recreational Lots. Lots Intended as controlled accesses to public waters or for recreational use areas for use by nonriparian lots within a subdivision must meet or exceed the sizing criteria in Subdivision 8 of this section. Subd. 19. Planned Unit Development (PUD). For PUD developments within a shoreland area as defined, the provisions of Section 11.40 shall apply. (Source: Ordinance No. 16-96, 4-26-1996) Subd. 20. Conditional Uses. The following standards must be used for reviewing conditional uses located in shoreland areas: A. A thorough evaluation of the topographic, vegetation, and soil conditions on the site to ensure: 1. Prevention of soil erosion or other possible pollution of public waters, both during and after construction; 2. Limiting visibility of structures and other facilities as viewed from the public waters; and 3. Adequacy of the site for water supply and on-site sewage treatment; and B. An assessment of the types, uses, and numbers of watercraft that the project will generate in relation to the suitability of public waters to safely accommodate these watercraft. The City Council may impose some or any of the following conditions when granting conditional use permits that specify: increased setbacks from public waters; vegetation allowed to be removed or required to be established; sewage treatment system location, design or use; location, design, and use requirements for watercraft launching or docking, and for vehicular parking; structure or other facility design, use, and location; phasing of construction; and other conditions considered necessary by the City Council. C. Administration of Conditional Use. Refer to Subdivision 5 entitled Administration, Application and Issuance of Certain Permits. Section 11.51 Standards for the Protection of Wetlands (unchanged) Subd. 1. Preamble. This Code hereby incorporates by reference the Wetlands Conservation Act, Minnesota Statutes Section 103G.221 et seq. (herein after referred to as the WCA), and Minnesota Rules Chapter 8420. All wetlands, as defined in Subdivision 3 of this section, including Public Waters and Public Waters Wetlands governed by Minnesota Statutes Section 103G.005 and those governed by the U.S. Army Corps of Engineers, are covered by this section. Standards outlined in this section have precedence over WCA in situations where this section or other provisions of the City Code are more restrictive than WCA. Each reference in this section to statutes, codes, regulations or rules constitutes a reference to the statute, code, regulation or rule as may be amended from time to time. The following watershed districts are located in the City: 1. Lower Minnesota River. 2. Nine Mile Creek. 3. Riley Purgatory Bluff Creek. The City is the acting Local Government Unit (LGU) for the Lower Minnesota River and Riley Purgatory Bluff Creek Watershed Districts for purposes of the WCA. Subd. 2. Purpose. Through the adoption and enforcement of this section, the City shall promote the general health, safety, and welfare of its residents by both conserving and protecting wetlands and requiring sound management practices as provided for in the WCA when development occurs in the vicinity of wetlands. The intent of this section is to avoid alteration and destruction of wetlands. By implementation of this section, the City seeks to accomplish the following: 1. Balance the need to preserve and protect natural resources and systems with both the rights of private property owners and the need to support the efficient use of developable land within the City; 2. Promote water quality by maintaining the ability of wetlands to recharge ground water and receive the discharge of ground water, to prevent soil erosion, and to retain sediment, nutrients and toxicants in wetland buffer strip areas before it discharges into community wetlands, lakes and streams, thus avoiding the contamination and eutrophication of these water features; 3. Reduce human disturbances to wetlands by providing a visual and physical transition from surrounding yards; and 4. Provide wildlife habitat and thereby support the maintenance of diversity of both plant and animal species within the City. Subd. 3. Definitions. The following terms, as used in this section, shall have the meanings stated. Terms not defined shall have the meaning as stated in Section 11.02 of this Code: Applicant means the person or entity submitting a Development Application to the City. City Engineer means the City Engineer or his/her designee. City Wetland Map means the City's Water Body Map as developed for the City's Local Water Management Plan and as amended from time to time as wetland, lake and stormwater pond conditions change or new information is collected. The City map adopted by this ordinance shall be prima facie evidence of the location and classification of a wetland. Development Application includes but is not limited to an application to the City for land development, site plan review, planned unit development, rezoning, platting, land alteration, wetland alteration, wetland no-loss determination, wetland exemption request, or wetland replacement. Environmental Coordinator means the City's Environmental Coordinator or his/her designee. Joint Wetland Permit Application means an application form provided by the Minnesota Board of Water and Soil Resources (BWSR) for water and wetland projects affecting lakes, rivers, streams or wetlands. The Joint Wetland Permit Application is a single form that is completed and submitted to the Local Government Unit, BWSR, the Department of Natural Resources, the Hennepin Conservation District, the U.S. Army Corps of Engineers and the applicable watershed district for review and approval. Local Government Unit or LGU means a city, town, or watershed management organization as determined in Minnesota Rules 8420.0200. MnRAM means The Minnesota Routine Assessment Methodology (MnRAM) for Evaluating Wetland Function as developed by the Minnesota Board of Water and Soil Resources. MnRAM is a field tool used to assess wetland functions on a qualitative basis, including vegetative diversity and integrity; wildlife habitat structure; water quality; flood and stormwater attenuation; hydrologic regime; downstream water quality; recreation, aesthetics, educational and cultural resources; fish habitat; amphibian habitat; shoreline protection; ground water interaction; and commercial uses. Native Vegetation means as defined in Minnesota Rules 8420.0111. No-Loss Determination means an application to the Local Government Unit to evaluate whether the proposed work will result in a loss of wetland within the property under the factors set forth in Minnesota Rules 8420.0415. Structure Setback means the minimum horizontal distance between a structure and the nearest edge of the wetland buffer strip. Sequencing Flexibility means flexibility in application of the sequencing steps set forth in Minnesota Rules 8420.0520. A "Sequencing Flexibility Report" must be provided if sequencing flexibility is requested to document that these conditions have been met and the proposed action or alternative. Technical Evaluation Panel or TEP means The technical evaluation panel established for and coordinated by a LGU under Minnesota Rules 8420.0240 that assists the LGU in making technical findings and provides recommendations for projects involving wetland alteration or wetland impacts at the request of the LGU, the landowner, or a member of the TEP. Weeds means as defined in City Code Section 9.71. Wetland means lands defined as wetlands, a wetland, the wetland, or wetland area in Minnesota Rules 8420.0111. Wetland Alteration means changes to a wetland and/or wetland buffer strip in regards to size, depth or contour; dredging; tilling; damming; alteration of the watercourse; ditching; tiling; grading; draining; discharge of water; appropriation of water; changes in vegetation; or otherwise altering or destroying a wetland or wetland buffer strip or their functions. Wetland Buffer Strip means an area of vegetated ground cover around the perimeter of a wetland. A "Wetland Buffer Strip Evaluation Report" is a report summarizing the results of an evaluation of the wetland and wetland buffer strip in relation to the requirements of Subdivision 11 of this section. Wetland Delineation means an assessment tool utilized to determine the boundary of a wetland using the boundary determination requirements established in Minnesota Rules Chapter 8420, including any subsequent updates, supplements, and guidance provided by BWSR. A "Wetland Delineation Report" is a document that summarizes the observations, results and conclusions performed during the wetland delineation assessment when wetlands are present on the property. Wetland Determination means an assessment conducted utilizing the US Army Corps of Engineers Wetland Delineation Manual (January 1987) to determine whether a wetland is present within the property that may be impacted by a proposed project. A "Wetland Determination Report" documents the conditions that lead to the conclusion that wetlands may or may not be present on the property. Wetland Plan means a summary of, and estimated cost for, all work items to be completed in relation to any wetland alteration, monitoring, and/or wetland or wetland buffer strip restoration, replacement, or construction. Work items include, but are not limited to, wetland buffer strip monument purchase, replacement, and installation; weed control; landscaping within the wetland or wetland buffer strip; wetland or wetland buffer strip restoration; wetland and wetland buffer strip monitoring; wetland replacement monitoring; or any items determined to be required or incomplete during the development application and review process. Wetland Replacement means wetland habitat enhancement; wetland creation; restoration of wetland habitat or functions; wetland construction; wetland replacement; wetland banking; wetland buffer habitat creation; or wetland enhancement to replace lost or impacted wetlands or wetland function. A "Wetland Replacement Plan" summarizes the Wetland Alteration and the method by which the Wetland Alteration and/or loss of wetland function will be replaced as required in Minnesota Rules 8420. Wetlands, Exceptional Quality means wetlands that have an exceptional vegetative diversity and integrity function based on the results of MnRAM. Reference wetlands established in the City's Comprehensive Wetland Protection and Management Plan or Local Water Management Plan are included in this category. Wetlands, High Quality means wetlands that have a high vegetative diversity and integrity function, based on the results of MnRAM, and are still generally in their natural state. Wetlands created for Wetland Replacement are also included in this category. Wetlands, Moderate Quality means wetlands that have a moderate vegetative diversity and integrity function based on the results of MnRAM. Wetlands, Low Quality means wetlands that have a low vegetative diversity and integrity functions based on the results of MnRAM, and have been substantially altered by activities such as agricultural or urban development. Wetland Type means the wetland type for each water regime or wetland replacement ratio determined in accordance with Minnesota Rules Chapter 8420. Each wetland type, which represents at least ten percent (10%) of the vegetated wetland, including submergent vegetation, must be classified. Wildlife Habitat means plant communities that support wildlife in a natural, undomesticated state. Yard means that portion of a lot not occupied by a structure. Yard does not include any wetlands or wetland buffer strips on the lot. Subd. 4. General Standards. The following standards apply to all lands that contain and/or abut a wetland or a wetland buffer strip: A. Wetlands shall be subject to the requirements established herein, as well as restrictions and requirements established by other applicable federal, state, and city ordinances and regulations. Nothing herein shall be construed to allow anything otherwise prohibited in the zoning district in which the wetland is located. This section establishes four (4) wetland classifications as defined in Subdivision 3: exceptional quality, high quality, moderate quality, and low quality. B. The presence or absence of a wetland on the City Wetland Map does not represent a definitive determination as to whether a wetland covered by this section is or is not present. Wetlands that are identified during site-specific delineation activities but do not appear on the City Wetland Map are still subject to the provisions of this section. C. Structures intended to provide access to or across a wetland or a wetland buffer strip shall be prohibited unless a permit is obtained from the City and is in conformance with applicable state statutes, rules, and regulations. D. Activities including, but not limited to, wetland alteration, digging, building, paving, mowing, cutting, dumping, yard waste disposal, fertilizer application, placing of debris, planting of non- native vegetation, and removal of vegetation are prohibited in wetland areas. E. Native vegetation plantings, removal of weeds or removal of invasive non-native vegetation requires approval of a Vegetation Management Plan on a form provided by the City. Subd. 5. General Development Application Requirements. The following provisions apply to all properties for which a development application has been submitted to the City: A. Requirements for wetland identification, delineation, replacement, reporting, no-loss determinations, and financial assurance within areas in which the City is the acting LGU shall be in accordance with the requirements outlined in Subdivision 14 of this section. B. Wetlands, wetland buffer strips and wetland replacement areas impacted by land alteration shall be seeded and/or planted in accordance with Subdivision 11 of this section within sixty (60) days of completion of the land alteration. All sodding, seeding or planting must be completed prior to removal of any erosion control measures. If land alteration is completed after the end of the growing season, erosion control measures shall be left in place and all disturbed areas shall be mulched to protect these areas over the winter or during the non-growing season. C. Where wetland replacement or a wetland buffer strip is required, the applicant shall complete the following steps before the City releases the final plat or, if there is no plat approval involved, before the City issues the first building permit for the entire subject property: 1. Submit to the City Engineer and receive the City Engineer's approval of a conservation easement for protection of the wetland and approved wetland buffer strip. The conservation easement must describe the boundaries of the wetland and wetland buffer strips; describe monuments and monument locations; and prohibit any structures, paving, mowing, introduction of non-native vegetation, cutting, filling, dumping, yard waste disposal, fertilizer application or removal of the wetland buffer strip monuments within the wetland buffer strip or wetland. 2. Submit evidence to the City Engineer that the approved conservation easement document has been recorded in the office of the Hennepin County Recorder or Registrar of Titles, as appropriate, along with a duplicate original of the recorded document. 3. Submit to the City Engineer and receive City Engineer's approval of a declaration of covenants and restrictions for any wetland replacement in accordance with Minnesota Rules Chapter 8420. 4. Submit evidence to the City Engineer that the approved declaration of covenants and restrictions for any wetland replacement has been recorded in the office of the Hennepin County Recorder or Registrar of Titles, as appropriate. D. Stormwater shall not be discharged directly into any natural water bodies such as wetlands, lakes or creeks without the use of pre-treatment methods, such as pre-settlement, infiltration, or filtration. The pre-treatment methods must be approved in writing by the Environmental Coordinator prior to the discharge of any stormwater. E. The applicant shall follow the Minnesota Pollution Control Agency's Urban Best Management Practices to avoid erosion and sedimentation during site grading and/or construction. In addition, the applicant shall follow the regulations set forth in City Code Section 11.55 and the watershed district requirements for the area in which the project is located. Subd. 6. Identification, Evaluation and Delineation Requirements. A. Wetland Determination. The applicant shall provide all information required by the City to determine whether a wetland exists on a subject property or within the structure setback from a wetland on an adjacent property. The applicant may submit a request to the Environmental Coordinator with the development application to waive the wetland determination requirement. The Environmental Coordinator shall make a decision on the request in his or her sole discretion. Unless the wetland determination requirement has been waived by the Environmental Coordinator, the following report(s) shall be provided to the City based on site conditions: 1. No Wetland Determination. If no wetlands are present, the applicant must document site conditions in a Wetland Determination Report that includes evaluation of topography, vegetation, hydrology and soil conditions. If the no wetland determination is approved by the City, no additional documentation is required. 2. Wetland Delineation. If a wetland(s) is present, the applicant must delineate and document the boundary of the wetland(s) and the wetland type(s) in a Wetland Delineation Report in accordance with City requirements and Minnesota Rules 8420 and must include information necessary for the City to determine the wetland boundary and wetland type, including wetland delineation field data sheets, survey of the wetland evaluation area, soil analysis data, color copies of current and historical aerial photography, vegetation data, hydrology information both within and outside of the proposed wetland boundary, and such other information required by the Environmental Coordinator. B. No-Loss Determination. If the applicant is requesting a no-loss determination, the proof necessary to support this request must be provided with the development application. C. Wetland Buffer Strip Evaluation. If a wetland(s) is present, the wetland buffer strip conditions must be documented in a Wetland Buffer Strip Evaluation Report and provided with the Wetland Delineation Report in accordance with Subdivision 11 of this section. D. Wetland Quality. If a wetland(s) is present, a determination of the function and value of the wetland(s) using the most recent version of MnRAM or other approved assessment methodology under Minnesota Rules Chapter 8420 shall be completed by the applicant and submitted to the Environmental Coordinator with the Wetland Delineation Report. E. Non-Growing Season Application Submittals. Wetland Delineation Reports, Wetland Determination Reports and MnRAM assessments conducted or completed outside of the growing season will not be accepted for final review and approval by the City until the following growing season. Determination of non-growing season conditions will be in accordance with the "Guidance for Submittal of Delineation Reports to the St. Paul District Corps of Engineers (COE) and Wetland Conservation Act Local Units of Government in the State of Minnesota" dated March 4, 2015, unless the vegetation cataloging or hydrology conditions are, in the judgment of the Environmental Coordinator, unreliable. Approvals may be granted for wetland delineation, Wetland Delineation Reports, Wetland Determination Reports and MnRAM assessments conducted during the growing season but submitted during the non- growing season, if the Environmental Coordinator determines there is sufficient information in the report and visible in the field at the time of the field verification to assess the three (3) wetland parameters (hydrophytic vegetation, hydric soils and hydrology) in relation to placement of the wetland delineation line. If proper assessment of the delineation is not possible during the non-growing season, the City will consider the development application incomplete until such time that appropriate field verification is possible. If a MnRAM assessment is not conducted during the growing season or if it is determined to be incomplete, the wetland quality will be assumed as high quality. Preliminary approval for a wetland determination, wetland delineation, MnRAM, or no-loss determination may be requested during the non-growing season. A request for preliminary approval must be submitted with the development application. Preliminary approvals must be verified by the City during the growing season before any work on the project may commence. The applicant bears all risk that the City may require revisions to the development application due to the fact that the preliminary approval review occurred during the non-growing season. F. Off-Site Wetland Delineation Method. An applicant shall not be required to field delineate wetlands on adjacent property. However, an applicant shall complete a review of off-site conditions in accordance with the publication "Guidance for Off-Site Hydrology/Wetland Determinations" from the U.S. Army Corps of Engineers (USACOE) and BWSR dated July 1, 2016. The off-site delineation must also include review of available information, including but not limited to the City Wetland Map, County Soil Survey Map, U.S. Fish and Wildlife Service National Wetland Inventory Maps, and visual information such as the presence of wetland vegetation and hydrologic evidence on an adjacent property which can be viewed from the subject property, to estimate the wetland boundary and wetland type. G. Water Body Identification. Prior to submission of the Wetland Determination Report or Wetland Delineation Report, the applicant shall contact the Environmental Coordinator to obtain a wetland or water body identification number and any information regarding the documented wetland, including any existing MnRAM information, for inclusion with documentation provided to the City. The applicant shall also contact the Environmental Coordinator to obtain a water body identification number for any existing or proposed stormwater pond, stormwater infiltration areas, or wetland replacement areas within the project area. H. Wetland Determination Disputes. If the applicant disputes whether a wetland exists or its classification, the applicant has the burden to supply detailed information to the Environmental Coordinator supporting the applicant's position. This information shall include, but is not limited to, historical aerial photography and topographic, hydrologic, floristic, and/or soil data deemed necessary by the City or LGU under the WCA to determine the jurisdictional status of the wetland, its exact boundary, and its classification. I. Wetland Delineation, Wetland Determination, No-Loss Determination, and Wetland Buffer Strip Evaluation Reports and Wetland Replacement Plans shall be prepared by a qualified wetland delineator. A qualified wetland delineator shall either be certified in accordance with the certification requirements that are established by the U.S. Army Corps of Engineers and/or BWSR or, in the absence of such certification, as determined to be qualified by the Environmental Coordinator J. Wetland Delineation, Wetland Determination, No-Loss Determination and Wetland Buffer Strip Evaluation Reports shall be valid for three (3) years from the date of the field delineation for these reports unless the Environmental Coordinator determines that the report is no longer valid on a sooner date due to changes in site conditions such as in hydrology, soils or vegetation. Subd. 7. Wetland Alteration and Replacement Requirements. For development applications involving wetland alteration, the applicant shall comply with the wetland replacement procedures and criteria outlined Minnesota Rules Chapter 8420 and provide the following items to the Environmental Coordinator: A. Sequencing Analysis. Written documentation that the sequencing steps set forth in Minnesota Rule 8420.0520 have been met shall be provided with the development application. In following these steps, the applicant must first demonstrate that alternatives to avoid and minimize wetland impacts have been evaluated. A minimum of three (3) alternative plans must be evaluated, one (1) of which must be a "no-impact" alternative. B. Wetland Replacement Analysis. Unavoidable impacts to wetlands must be restored or replaced on- site unless the alternatives are not reasonably or practically available from an engineering standpoint or if the only feasible and prudent sites available have greater ecosystem function and public value than the proposed wetland and the proposed wetland would be located in an area that is to be preserved by a conservation easement or other such instrument. Wetland restoration or expansion of existing or historic wetlands is preferred rather than creation of new wetlands or other methods of wetland replacement. If impacts cannot be restored or replaced on-site, the applicant must evaluate alternate sites in accordance with the replacement siting and ratio requirements under Minnesota Rules 8420.0522 unless minimum replacement requirements or ratio requirements established by the applicable watershed district or USACOE are greater than the WCA requirements. C. Sequencing Flexibility. The applicant may request sequencing flexibility after all alternatives have been considered in accordance with Minnesota Rules 8420.0520 and Subdivision 7 of this section. The City, in its discretion, may allow sequencing flexibility after consideration of the factors listed in Minnesota Rules 8420.0520. D. Conceptual Wetland Replacement Plans. The applicant shall submit a conceptual Wetland Replacement Plan to the Environmental Coordinator with the development application for any proposed impacts that require replacement under WCA or USACOE regulatory programs. The Applicant shall contact the Environmental Coordinator to obtain a water body identification number for use in the Wetland Replacement Plan for any replacement wetlands constructed within the City. E. Final Wetland Replacement Plans. The applicant shall submit a final Wetland Replacement Plan to the Environmental Coordinator for review and approval by the Environmental Coordinator prior to submission of the development plans to the City Council for review and approval or, if development plans are not submitted to the City Council, prior to issuance of a building permit for the property, unless otherwise approved in writing by the Environmental Coordinator. Subd. 8. Reporting Requirements. For development applications with wetlands or wetland buffers present or projects involving Wetland Alterations, the following are required: A. An Annual Wetland and Wetland Buffer Strip Evaluation Report ("Annual Buffer Report") is required if a wetland or any wetland buffer required by this section is located on the subject property. The Annual Buffer Report shall include items such as an evaluation of the conditions of the wetland(s) and wetland buffer strip(s), the results of any monitoring conducted onsite, the integrity of the monuments installed and a plan for resolving any insufficiencies including any information the Environmental Coordinator specifically requests. If an Annual Buffer Report is required, the landowner or the developer shall submit an executed contract with a qualified wetland consultant, as approved by the Environmental Coordinator, who will prepare the Annual Buffer Report prior to release of the final plat for any portion of the subject property, or if there is no plat, prior to issuance of a building permit for the property. The Annual Buffer Report shall provide both an action plan and proposed cost for correction of all problems identified. The first Annual Buffer Report shall be submitted no later than November 1 of the calendar year in which construction, preparation, grading, seeding, planting and/or monumentation of the wetland(s) and/or wetland buffer strip(s) is completed. Thereafter, the report shall be submitted by November 1 of each year until two (2) full growing seasons following completion of the development have passed, at which point a Final Annual Buffer Report shall be submitted. The Final Annual Buffer Report shall evaluate the wetland(s) and/or wetland buffer strip(s) to determine if the wetland(s) and/or wetland buffer strip(s) remain in compliance with all City requirements. If any unacceptable conditions or vegetation are identified within the Annual Buffer Reports or the Final Annual Buffer Report, the developer shall correct the area(s) identified within ninety (90) days of submission of the Report, or by June 15 of the following year if submitted during the non-growing season. Documentation that all work has been completed shall be provided to the Environmental Coordinator. B. Wetland Replacement Monitoring Reports are due by December 1 of each year until the wetland replacement is determined to be complete by the LGU with advice from the Technical Evaluation Panel. The Wetland Replacement Monitoring Report shall document that the standards outlined in Minnesota Rules Chapter 8420.0522 and Subdivision 14 of this section have been met. C. All reports submitted for review shall be provided in electronic (PDF) format in color. All maps in PDF version shall be developed for an eleven inches by seventeen inches (11" x 17") printable format with sufficient detail that all features are legible. Subd. 9. Wetland Buffer Strip and Setback Requirements. A. For a lot of record or a development application approved by the City Council after February 1, 2000, the applicant shall maintain a wetland buffer strip around the perimeter of all wetlands, including those constructed as part of a Wetland Replacement Plan. The structure setback and wetland buffer strip provisions of this section shall not apply to a lot of record as of February 1, 2000, although the City strongly encourages the use of a wetland buffer strip and setback on all lots in the City. In addition, any property located in the Lower Minnesota River, Nine Mile Creek or Riley Purgatory Bluff Creek Watershed Districts shall comply with any buffer and setback requirements imposed by the districts. B. Wetland buffer strips and structure setbacks shall apply regardless of whether or not the wetland is on the same parcel for which the development application has been submitted. For parcels on which the wetland is on an adjacent parcel, the wetland buffer strip and structure setback requirements for the subject parcel shall be reduced by the distance between the property line of the parcel and the wetland on the adjacent parcel. This provision in no way reduces or eliminates any other setbacks required by the City Code or any other law or regulation. C. The applicant shall establish and maintain wetland and wetland buffer strip vegetation in accordance with the requirements of Subdivision 11 of this section. Wetland buffer strips shall be identified within each lot by permanent monumentation approved by the Environmental Coordinator in accordance with Subdivision 10 of this section. D. Non-native or invasive vegetation, such as European buckthorn, purple loosestrife and reed canary grass, or dead or diseased trees that pose a hazard may be removed from a wetland buffer strip provided that a Vegetation Management Plan is submitted to the Environmental Coordinator on a form provided by the City for review and written approval. The Vegetation Management Plan shall comply with the wetland and wetland buffer strip standards found in Subdivision 11 of this section or as required by the Environmental Coordinator. E. All structures, including retaining walls, roadways and trails, shall meet the structure setback and wetland buffer strip standards established in Table 1 below. The use of a meandering wetland buffer strip to maintain a natural appearance shall be incorporated where feasible. F. Filling a wetland to create a wetland buffer strip is prohibited. G. Trails that are intended to serve an interpretive function, as determined by the Environmental Coordinator, are exempted from the wetland buffer and structure setback requirement. H. An existing structure, driveway or parking area shall be considered a non-conforming use if a later WCA delineation shows that the wetland is closer to the structure than the required wetland buffer or structure setback. Table 1 - Wetland Buffer Strips and Structure Setbacks Exceptional High Moderate Low Wetland Buffer Strip Minimum Width 40' 30' 20' 10' Wetland Buffer Strip Minimum Average Width 60' 60' 40' 20' Structure Setback (from Wetland Buffer Strip) 25' 25' 15' 15' Total Minimum Average 85' 85' 55' 35' Subd. 10. Monumentation. A monument is required at each lot line where it crosses a wetland buffer strip and shall have a maximum spacing of two hundred (200) feet along the edge of the wetland buffer strip. Additional monuments shall be placed as necessary to accurately define the edge of the wetland buffer strip. If no wetland buffer strip is required, monuments shall be placed at the wetland boundary. The monument shall consist of a post and a wetland buffer strip sign. The post shall be a 1.12 to 2.0 pounds per foot (1.12 pounds per foot is preferred) green steel channel post or other material pre- approved in writing by the Environmental Coordinator. The post shall be a minimum of 2.25 inches wide and six feet inches long (2.25" x 6.5'). The sign shall have a minimum size of three inches by eight inches (3" x 8"). The sign shall be mounted flush with the top of the post and shall include the statements "Conservation Easement: No Mowing Allowed" and "Wetland and buffers filter pollutants, reduce flooding and provide habitat" or other statement approved in writing by the Environmental Coordinator. The post shall be mounted to a height of four (4) feet above grade and set at least two and one-half (2½) feet in the ground. Monuments may be waived in unusual circumstances where the Environmental Coordinator determines that such signs would not serve a practical purpose. Subd. 11. Vegetation Performance Standards. A. Where acceptable native, non-invasive vegetation exists in wetland, wetland replacement and wetland buffer strip areas, the retention of such vegetation in an undisturbed state is required unless an applicant receives written approval from the Environmental Coordinator or any other agency which may regulate the removal or replacement of such vegetation. A wetland and/or wetland buffer strip has acceptable natural vegetation if it: 1. Has a continuous, dense layer of perennial grasses that have been uncultivated or unbroken for at least five (5) consecutive years, or 2. Has an overstory of trees and/or shrubs with at least eighty (80) percent canopy closure that have been uncultivated or unbroken for at least five (5) consecutive years, or 3. Contains a mixture of the plant communities described in (1) and (2) above that have been uncultivated or unbroken for at least 5 consecutive years. B. Notwithstanding the performance standards set forth above, the Environmental Coordinator may determine existing wetland and/or wetland buffer strip vegetation to be unacceptable if the wetland and/or wetland buffer: 1. Is composed of weeds (including, but not limited to common buckthorn, purple loosestrife, leafy spurge and/or noxious weeds as defined by Minnesota Statutes Section 18.76—18.88), or 2. Has topography that tends to channelize the flow of surface runoff, or 3. For some other reason is unlikely to retain nutrients and sediment. C. Areas with unacceptable vegetation shall be re-graded, re-seeded and/or re-planted as needed and maintained in accordance with this Subdivision 11. The wetland, wetland replacement and wetland buffer strip planting requirements must be included in the Wetland Delineation Report, Wetland Buffer Strip Evaluation Report or Wetland Replacement Plan Monitoring Report. Wetland, wetland alteration, wetland replacement and wetland buffer strip landscaping shall be according to the following standards: 1. Wetland buffer strips shall be planted with a diverse native, non-invasive seed mix appropriate for the specific site conditions that contains one hundred (100) percent perennial native vegetation. A one-time planting of an annual nurse or cover crop such as oats or rye may be included. 2. Seed mix used shall be a BWSR-approved seed mix appropriate for the area requiring reseeding or other alternative pre-approved in writing by the Environmental Coordinator. The seeding rate shall be at the rate recommended by the BWSR seed mix criteria or other pre- approved alternative. 3. Native shrubs may be substituted for the native seed mix where appropriate. All substitutions must be pre-approved in writing by the Environmental Coordinator. Such shrubs may be bare root seedlings and shall be planted at a minimum rate of sixty (60) plants per acre. Shrubs shall be distributed so as to provide a natural appearance and shall not be planted in rows. 4. Any groundcover or shrub plantings installed within the wetland or wetland buffer strip are independent of landscaping required elsewhere by the City Code. 5. Native prairie grasses and forbs shall be seeded or planted by a qualified contractor in accordance with "Native Vegetation Establishment and Enhancement Guidelines" (published June 2016 by BWSR) or other alternate method pre-approved by the Environmental Coordinator. Determination of the contractor's qualifications shall be made by the Environmental Coordinator. It is the responsibility of the applicant to have the contractor and method used approved by the Environmental Coordinator prior to planting or seeding. 6. No fertilizer shall be used in establishing new wetland buffer strips, except when deemed necessary to establish acceptable wetland and/or wetland buffer strip vegetation and then limited to amounts indicated by an accredited soil testing laboratory. Determination of proper accreditation shall be made by the Environmental Coordinator. 7. All seeded areas shall be mulched immediately with clean straw at a rate of one and one-half (1½) tons per acre. Mulch shall be anchored with a disk or tackifier. 8. Wetland, wetland replacement and wetland buffer strip areas (both natural and created), shall be protected by erosion control during construction in accordance with City Code Section 11.55. 9. The erosion control shall remain in place until the cover crop is established. D. The applicant shall establish and maintain the wetland and wetland buffer strip vegetation in accordance with the requirements of this section, both during development and for two (2) full growing seasons after completion of the development. During this time, the applicant shall replant or reseed any wetland and/or wetland buffer strip vegetation that does not survive. E. After the second full growing season following completion of the development, if the condition of the wetland and/or wetland buffer strip diminishes, the applicant shall not be required to reestablish the wetland and/or wetland buffer strip to meet the standards contained in this Subdivision 11. However, wetlands created for wetland replacement must be monitored and maintained by the applicant until the wetland is reviewed and approved by the LGU in accordance with the requirements established by Subdivision 14 of this section and Minnesota Rules Chapter 8420. After such times, the owner of the property on which the wetland and/or wetland buffer strip is located shall be responsible for the maintenance of the wetland, wetland alteration, wetland replacement and/or wetland buffer strip areas and shall: 1. Maintain and repair damage to wetland and/or wetland buffer strip areas from activities such as mowing, cutting, grading or other prohibited activities unless approved by the City in writing as a Vegetation Management Plan. 2. Maintain only vegetation permitted in the Vegetation Management Plan or as found in this Subdivision 11 in the wetland and wetland buffer strip, including the removal of all weeds, unless allowed otherwise in writing by the Environmental Coordinator. 3. Ensure that all soil surfaces in wetland and wetland buffer strip areas are planted with permitted vegetation and that there are no open soil surfaces that may result in erosion. 4. Maintain the wetland and wetland buffer strip as a "no mow" area. Subd. 12. Encroachment in Required Setback and Wetland Buffer Strip Areas. A. Wetlands and wetland buffer strips shall be kept free of all structures. B. A maximum of ten percent (10%) of the structure setback area may be occupied by any structures. C. Wetlands and wetland buffer strips shall not be mowed, chemically treated or otherwise altered except as approved by the Environmental Coordinator after submission of a Vegetation Management Plan. D. Variances and Waivers. 1. Only variances meeting the standards and criteria set forth in Section 11.76 of this Code and waivers approved pursuant to Section 11.40 of this Code for a Planned Unit Development (PUD) process shall be granted. All variance requests must be made to the Board of Adjustments and Appeals. All waiver requests must be made to the Planning Commission and the City Council. 2. Variances or waivers shall not be granted which would violate state law or rule or circumvent the intent and purposes of this section or Minnesota Rules 8420. Subd. 13. Financial Assurance Required. If a development application includes wetland alteration, wetland or wetland buffer strip landscaping, or construction of a wetland buffer strip, the applicant shall file with the Environmental Coordinator prior to release of the final plat, or, if there is no plat approval involved, prior to the first building permit issued for the entire subject property, a performance bond, cash escrow, or letter of credit with a corporation approved by the Environmental Coordinator, as surety thereon, or other guarantee acceptable to the Environmental Coordinator and in an amount determined by the Environmental Coordinator as set forth below ("Financial Assurance"). Financial Assurance requirements for Development Applications for areas where the City is the LGU are set forth in Subdivision 14 of this section. A. Amount. The amount of the Financial Assurance shall be for no less than one and one-half (1½) times the amount estimated by the Environmental Coordinator as the cost of completing a wetland plan for monument installation and replacement and restoration and/or correction of the wetland and/or wetland buffer strip. B. Schedule. The Financial Assurance for the wetland plan must cover two (2) complete growing seasons following completion of the development and full and final restoration of all corrective actions identified in the Final Annual Report and shall be conditioned upon complete and satisfactory implementation of the approved Wetland Plan or Vegetation Management Plan and final inspection and approval of the wetland and wetland buffer strip by the City. C. Submissions. With the Financial Assurance, the applicant shall provide to the Environmental Coordinator a copy of a signed contract with an environmental consultant to monitor construction activities and annual compliance and certify final completion of the wetland, wetland buffer strip and wetland replacement requirements. D. Form of Application. The Financial Assurance shall be posted within 10 days of approval of the development application and prior to the commencement of the work or the preparations thereof. Subd. 14. Special Requirements for Wetland Conservation Act (WCA) Services. The following provisions apply to areas for which the City is the LGU for WCA. All survey information shall be provided in the Minnesota County Coordinate System, Hennepin County North American Datum 1983 (NAD83) (1996) projection in U.S. Survey feet. All vertical elevations shall be in North American Datum 1988 (NAVD88). A. Wetland Evaluation/Wetland Determination Review. Applications for WCA review must include a report documenting site conditions; wetland delineation and/or determination review procedures; a statement as to whether wetlands are present on site; a statement as to whether an exemption is requested; and whether work is proposed which will result in a loss or alteration of wetland. Reports must be prepared in accordance with the following paragraph B. B. Wetland Delineation, Wetland Determination, Wetland Exemption and No-Loss Determination Review Application. The applicant shall complete and file with the Environmental Coordinator an "Application for Review of Wetland Determinations" in the form required by the Environmental Coordinator ("Review Application"). The Review Application, including the following information, must be filed with the Environmental Coordinator a minimum of one (1) week prior to scheduling a field review by the Environmental Coordinator: 1. One (1) print copy and one (1) electronic (PDF) version in color of the Wetland Delineation Report, Wetland Determination Report, Wetland Exemption Report, and/or No-Loss Determination Report. All maps in the PDF version shall be developed for an eleven inches by seventeen inches (11" x 17") printable format with sufficient detail so all features are legible; 2. Scaled public land survey map of the wetland delineation and boundary, transect locations and sample points; 3. Survey data in a format compatible with ArcView software; 4. A minimum of two (2) wetland field data forms per wetland representing the wetland parameters at two (2) locations along with a data form documenting upland conditions at each location; 5. Such other information as required by the Environmental Coordinator or Minnesota Rules 8420. An applicant may request an exemption or no-loss determination in accordance with the provisions of Minnesota Rules 8420. C. Wetland Alteration Application Requirements. Wetland Alteration, including constructing boardwalks, removing healthy native vegetation or otherwise altering or destroying any wetland or wetland function, either wholly or partially, by any person, requires submission of a Joint Wetland Permit Application in addition to the Review Application for review and approval by the City. Except for those wetlands exempt under Minnesota Rule 8420.0420, any alteration to a wetland must result in a zero net loss. D. Wetland Replacement Plan Application. The Joint Wetland Permit Application and the Review Application (together, the "Wetland Replacement Plan Application") shall be made in writing to the City. The Wetland Replacement Plan Application shall set forth the location and plan for the proposed project. The applicant must provide one (1) printed and one (1) electronic (PDF) version in color (all maps in PDF version shall be developed for an eleven inches by seventeen inches (11" x 17") printable format with sufficient detail so all features are legible). The Wetland Replacement Plan Application, including the following information, shall be filed with the Environmental Coordinator a minimum of two (2) weeks prior to scheduling a Technical Evaluation Panel review with the Environmental Coordinator. The Wetland Replacement Plan Application must include: 1. The name and address of the owner(s) of the land where the project will occur. 2. The estimated period of time within which the project will be conducted. 3. A topographic map of the proposed project area(s) to a minimum scale of one (1) inch equals fifty (50) feet showing existing ground elevation contours at two-foot intervals. The map shall show: a. The size and location of the wetland in relation to the property boundaries, including a scaled public land survey with the coordinates of the approximate wetland center and sample locations. b. The property and a minimum of fifty (50) feet of land abutting the property, as it existed prior to the proposed land alteration. c. The proposed ground elevation contours at two-foot intervals on the property when the land alteration is completed. d. Locations of any surface inlets or outlets draining into or out of the wetlands. e. Pre- and post-drainage areas for all existing and proposed wetlands. f. Photographic reference points and proposed transect or sampling locations for wetland replacement or wetland banking plans. g. Survey data in a digital shapefile or comma delimited ASCII file format compatible with ArcView software. 4. The wetland type of all existing and proposed wetlands, including a comparison to the Eggers and Reed "Wetland Plant Community Types" document. 5. Recent color aerial photograph of the proposed impact area. 6. Grading plan of the proposed project area(s) to a minimum scale of one inch equals fifty (50) feet (1" = 50') prepared by a registered professional engineer that includes appropriate drainage areas and drainage calculations, proposed two-foot contours of the land when the project is complete and erosion control to be used during construction. Construction details, including the proposed elevations and contours, for any control structures must be included on the plans. 7. Landscaping or revegetation plan at the same scale as the topographic map. 8. Such other information as may be necessary to evaluate the proposed wetland alteration and wetland replacement plans and to determine the amount and types of wetland to be impacted. 9. Such other information as required by the City or by Minnesota Rules 8420 for application procedures. E. Wetland Replacement Plan Approval. Wetland Replacement Plan Applications shall be subject to the approval by the Environmental Coordinator. If the Environmental Coordinator determines that a feasible and prudent alternative exists that would avoid or minimize impacts to the wetland, he or she shall deny the Wetland Replacement Plan Application. The Environmental Coordinator shall make his or her decision regarding the Wetland Replacement Plan Application in accordance with Minnesota Statutes Section 15.99, Subdivision 3. Approval of the Wetland Replacement Plan Application shall be valid for a period of no more than three (3) years. If the work has not begun within three (3) years of the date of approval of the Application, the approval shall be void. Approval of an application for wetland alteration and/or wetland replacement does not exempt the applicant from obtaining any and all other necessary permits for work within a wetland and/or wetland buffer. F. Wetland Replacement Annual Reports. Annual reports shall be prepared in accordance with Minnesota Rules 8420.0810 and shall include the following information: 1. Reference photographs taken within four (4) weeks of completion of the grading and within four (4) weeks of completion of the landscaping; 2. A description of activities completed in the current year; 3. A list of activities planned for the following year; 4. As-built plans (for the first year only) to a minimum scale of one inch equals fifty (50) feet (1" = 50') showing existing ground elevation contours at two-foot intervals; 5. A comparison of actual conditions with the as-built specifications and proposed plans; 6. Monthly hydrology measurements from April through October; 7. A list of vegetation that have ten percent (10%) coverage or more; 8. A comparison of proposed versus actual wetland types within the wetland and wetland replacement areas; 9. Map of the plant communities within the wetland, wetland replacement and wetland buffer areas included in the Wetland Replacement Plan. The map shall be overlain on the topographic map provided for the Wetland Replacement Plan; 10. Monthly color photographs from the photographic reference points from April to October; and 11. All information required by Minnesota Rules 8420 for wetland replacement reporting. If the City does not receive either: 1) an annual monitoring report; or 2) notification that the report will be provided prior to December 31 of each monitoring year, the City will charge the applicant for costs incurred by the City, including staff time, to collect the information needed to complete the Wetland Replacement Annual Report. G. Fees. Submission of requests for wetland determinations, sequencing flexibility, wetland delineation reviews, no-loss determinations, field or technical reviews of current or historic wetland and/or wetland buffer conditions, or an application for a Wetland Replacement Plan shall be accompanied by a non-refundable application fee and a cash deposit in such amounts as determined by the City Council and fixed by ordinance. The cash deposit, or a portion thereof, will be refunded after completion of City review and approval of the submittal, unless the total sum is greater than the administrative review cost. Costs may include, but are not limited to: 1. Consultant fees assisting in City review, providing technical assistance or other services required to meet WCA requirements; 2. City staff time expended in review, approval and processing of the request or application or other services required to meet WCA requirements; 3. Consultant fees or City staff time expended in coordinating and holding Technical Evaluation Panel meetings; 4. Mailings, legal notices, and other administrative costs; and 5. Any other reasonable costs incurred by the City in review of the proposal. Full payment of the fees and cash deposit must be made by the applicant prior to consideration of the request. All costs incurred by the City greater than the cash deposit balance will be billed to the applicant. H. Financial Assurance. The amount of the Financial Assurance required in Subdivision 13 of this section shall include costs associated with City and WCA requirements for wetland alteration or wetland replacement projects, including but not limited to construction, seeding, planting, monument installation and annual monitoring. The Financial Assurance shall be retained by the City until either (i) approval of the project as final by the Environmental Coordinator; or (ii) a minimum period of five (5) years. The Financial Assurance must include costs associated with re-grading or purchase of off-site wetland replacement if on-site wetland replacement is unsuccessful. The Financial Assurance shall be extended beyond the required monitoring period for up to an additional five-year period if, in the written opinion of the Technical Evaluation Panel, the goal of the replacement plan has not been achieved but may be achieved with more time. The amount of security shall be one hundred fifty percent (150%) of the estimated cost to complete the scope of work associated with the Wetland Plan and/or Wetland Replacement Plan. I. Wetland construction or replacement must be conducted as required in Minnesota Rules 8420 and the Minnesota Wetland Restoration Guide issued by BWSR. Subd. 15. Submissions, Decisions, and Appeals. A. All applications, information, analyses and reports required by this section shall be in the form required by the City and shall be submitted to the Environmental Coordinator by the applicant in conjunction with the submission of the development application. B. All applications, information, analyses and reports required by this section shall be subject to review and approval by the Environmental Coordinator in accordance with the procedures set forth in Minnesota Rules 8420.0255. Applicants shall be notified of the decision of the Environmental Coordinator in writing, which shall be mailed to the address listed on the Application for Review of Wetland Determinations. All decisions made by the Environmental Coordinator are final unless a timely appeal is filed with the City Council. C. All decisions made by the Environmental Coordinator may be appealed to the City Council in accordance with Minnesota Rules 8420.0905. The appeal must be in writing, must be accompanied by payment of all applicable fees, and must be filed with the City Engineer within 30 days of the date the written notice of the decision is sent. The City Council shall make a ruling on the appeal within 30 days of the date of the filing of the appeal unless the City Council and the appellant mutually agree in writing to an extension. D. A decision of the City Council may be appealed to BWSR pursuant to Minnesota Rules 8420.0905. E. An applicant proceeds at its own risk if it proceeds with work that has not been approved while an appeal is pending. If the decision is granted or revised on appeal, the applicant is responsible for restoring and replacing all wetland impacts inconsistent with the final decision. Subd. 16. Enforcement and Remedy. In addition to the remedy provided for in City Code Section 11.99, the provisions of this section may be enforced in accordance with Minnesota Rule 8420.0900, or any other remedy provided for in law or equity. Section 11.55 Land Alteration, Tree Preservation, and Stormwater Management Regulations (unchanged) Subd. 1. Declaration of Policy and Purpose. A. Land Alterations are inherently accompanied by noise and dust, may create hazardous conditions and may result in lasting disfigurement of the places where they are carried on and thus may affect existing land uses in nearby areas, discourage further permanent development of the surrounding properties, impair adequate planning or municipal development, and diminish public health, safety, and general welfare. It is, therefore, desirable to regulate Land Alterations in the City. B. Tree removal, damage, and destruction tends to endanger the natural character of the land from which the trees have been removed and surrounding lands, and to diminish and impair the public health, safety and general welfare. The Council desires to protect the integrity of the natural environment and finds that trees do so by providing for better air quality, scenic beauty, protection against wind and water erosion, and natural insulation for energy preservation. Further, the Council finds that trees protect privacy and provide enhancement of property values. It is, therefore, the further purpose of this section to provide regulations relating to the cutting, removal or killing of trees, with the consequent damage and destruction of the wooded and forested areas of the City, to promote the orderly development of such areas and thereby minimize public and private losses; to insure maintenance of the natural vegetation and topography; to encourage protection and preservation of the natural environment and beauty of the City; to encourage a resourceful and prudent approach to urban development of wooded areas which provides for minimal tree loss and mitigation of tree removal resulting from development; to provide an objective method to evaluate a development's impact on trees and wooded areas and identify whether and how the impact may be reduced; to provide incentive for creative land use and good site design which preserves trees while allowing development in wooded areas with mitigation of tree removal and destruction; and to provide for enforcement and administration thereby promoting and protecting the public health, safety and welfare. C. The Council seeks to promote, preserve and enhance the natural resources within the City and protect them from adverse effects of stormwater runoff by providing site design standards that minimize stormwater runoff to meet the requirements of appropriate regulatory agencies. Subd. 2. Definitions. For the purposes of this section, the following terms, phrases, and words shall have the meanings stated below. Applicant means a person submitting an application for a Permit. Best Management Practices or BMPs (defined under Minnesota Rules 4001.1020, subp. 5) are practices to prevent or reduce the pollution of the waters of the state, including schedules of activities, prohibitions of practices, and other management practices, and also includes treatment requirements, operation procedures and practices to control plant site runoff, spillage or leaks, sludge, or waste disposal or drainage from raw material storage. BMPs are effective and practicable means of controlling, preventing, and minimizing degradation of surface water from Stormwater runoff. Building Permit is a Permit issued pursuant to Minnesota Statutes Chapter 326, the State Building Code. Caliper Inches means the length, in inches, of a straight line measured through the Tree Trunk of a certified nursery raised tree at twelve (12) inches above the ground. Canopy of a Tree means the horizontal extension of a tree's branches in all directions from the Tree Trunk. Certified Contractor means an individual who has received training and is licensed by the State of Minnesota to inspect and maintain erosion control practices. Construction Activity means a disturbance to the land that results in a change to the topography or existing soil cover (both vegetative and non-vegetative) that may result in accelerated stormwater runoff. Examples of Construction Activity may include clearing, grading, filling and excavation. Control Measure means the practice or combination of practices to control Erosion, Sedimentation and Pollution. Detention Basin is a natural or man-made structure, facility or basin for the temporary storage of Stormwater to allow settling of Pollutants while delaying Discharge of water so that water slowly empties from the area, including but not limited to, wetlands, dry ponds, Vegetated Swales, Infiltration trenches and Infiltration basins. Development Plan means a contiguous area that includes a common plan of development or sale where multiple separate and distinct land disturbing activities, including New Development or Redevelopment, may be taking place at different times, or different schedules, but under one (1) proposed plan. One (1) Development Plan is broadly defined to include design, Permit application, advertisement or physical demarcation indicating that land-disturbing activities may occur. Diameter, wherever this term is used in reference to the measurement of a tree it shall mean a Tree Trunk as measured four and one-half (4½) feet above the ground. Discharge means the conveyance, channeling, runoff, or drainage of Stormwater or any substance which enters a Stormwater Facility. DNR Catchment Area means the Hydrologic Unit 08 drainage areas that drain to a river, stream or lake as delineated and digitized by the Minnesota Department of Natural Resources (DNR) Watershed Delineation Project. The mapping information for the DNR Catchment Areas is available at the DNR Data Deli web site (deli.dnr.state.mn.us). Drip Line of a Tree means an imaginary vertical line which extends from the outermost branches of the Canopy of a Tree to the ground. Erosion means any process that wears away the surface of the land by the action of water, wind, ice or gravity. Erosion Control Systems methods, measures or systems employed to prevent soil Erosion. Filtration means the process by which Pollutants are removed through filtering and settling of stormwater runoff, biological and microbiological uptake, and/or soil adsorption. Filtering practices include media filters (surface, underground, perimeter), vegetative filters (filter strips, grass channels), and combination media/vegetative filters (dry swales). Final Stabilization means all Land Alteration has been completed and a uniform perennial vegetative cover with a density of seventy (70) percent of the cover for unpaved areas and areas not covered by permanent structures has been established on the land or equivalent permanent cover or stabilization measures have been employed as approved by the City. Sowing grass seed or an annual cover crop is not considered Final Stabilization. Green Infrastructure means a wide array of practices at multiple scales that manage wet weather and maintains or restores natural hydrology by infiltrating, evapotranspiring, or harvesting and using stormwater. On a regional scale, green infrastructure is the preservation or restoration of natural landscape features, such as forests, floodplains and wetlands, coupled with policies such as infill and redevelopment that reduce overall imperviousness in a watershed. On a local scale, green infrastructure consists of site and neighborhood-specific practices, such as bioretention, trees, green roofs, permeable pavements and cisterns. Heritage Tree means any living deciduous tree (except cottonwood, elm, willow, box elder and aspen) measuring thirty-two (32) inches in Diameter or greater, or a living coniferous tree measuring twenty-four (24) inches in Diameter or greater. (Source: Ordinance No. 28-2016, 11-24-2016) Impervious Surface means a constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to installation of the hard surface. Examples include rooftops, sidewalks, patios, driveways, parking lots, and concrete, asphalt, or gravel roads. (Source: Ordinance No. 18-2022 , 9-29-2022) Infiltration is the capture and temporary storage of water to allow passage or movement of the water into the soil through the use of techniques such as Infiltration basins, Infiltration trenches, rainwater gardens, underground Infiltration systems, or natural or enhanced swales. Land shall mean and include an entire Lot (as defined in Section 11.02 of the City Code) on or within the boundaries of which Land Alteration has occurred, or is to occur. Land Alteration means any land disturbing activity, including: excavating, grading, digging, cutting, scraping, clearing; removal of trees, filling or other change or movement of earth which may result in diversion of a man-made or natural water course or Erosion of Sediments. Land Alteration Permit means a Permit to allow Land Alteration. This would include Grading and Filling Permit referenced in Section 11.50 Subdivision 11. Maximum Extent Practicable or MEP means the statutory standard (33 U.S.C. 1342(p)(3)(B)(iii)) that establishes the level of Pollutant reductions that the Permittee must achieve. Determination of the appropriate BMPs required to satisfy the Land Alteration Permit requirements to the MEP will be completed by the City Engineer. New Development means all Construction Activity that is not defined as Redevelopment. NPDES means the National Pollutant Discharge Elimination System as established pursuant to 33 USC § 1342 (b) to regulate Discharges of Pollutants to waters of the United States. NPDES Permit means a NPDES stormwater discharge permit that is issued by the Minnesota Pollution Control Agency (MPCA) to regulate Discharges of Pollutants to waters of the United States, whether the permit is applicable on an individual, group or general area-wide basis. Owner means any person having a sufficient proprietary interest in the land for which a permit is or may be issued under this section. Permit means a Land Alteration Permit or a Building Permit. Permittee means the holder of a Permit pursuant to this section. Pollutant means: (i) toxic or hazardous substances, wastes, or contaminants (including, without limitation, asbestos, urea formaldehyde, the group of organic compounds known as polychlorinated biphenyls, petroleum products including gasoline, fuel oil, crude oil and various constituents of such products, and any hazardous substance as defined in Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. §9601-9657, as amended); (ii) substances that would require a permit for their Discharge into any water source or system or the air under the Federal Water Pollution Control Act, 33 U.S. C. §1251 et Seq., or the Clean Air Act, 42 U.S.C. §7401 et Seq.; (iii) hazardous substances, Pollutants or contaminates defined in Minnesota Statutes Chapter 115B; (iv) litter, yard waste, garbage, liquid and solid wastes, fertilizers, pesticides, herbicides, paints, solvents, automotive fluids, wastes and residues that result from constructing a building or structure, and (iv) any other similar state law or ordinance. A Pollutant of Concern is a Pollutant specifically identified in a USEPA-approved Total Maximum Daily Load (TMDL) report as causing a water quality impairment. Redevelopment means any Construction Activity where, prior to start of construction, the areas to be disturbed have fifteen (15%) or more of impervious surface(s). Retention Basin means a retention basin is a temporary or permanent natural or man-made structure, facility or basin that provides for storage of Stormwater where water is allowed to empty through evapotranspiration, Infiltration, Filtration or evaporation, including but not limited to wet, dry or National Urban Runoff Program (NURP) ponds. Root Zone means the area under a tree which is at and within the Drip Line of a Canopy of a Tree. Saturated Soil means the highest seasonal elevation in the soil that is in a reduced chemical state because of soil voids being filled with water. Saturated soil is evidenced by the presence of redoximorphic features or other information. Sediment means the product of an Erosion process, including solid matter both mineral and organic, that is in suspension, is being transported, or has been moved by water, air, gravity or ice and has come to rest on the earth's surface either above or below the normal water level. Sedimentation means the process or action of depositing Sediment. Significant Tree means any living deciduous tree (except elm, willow, box elder and aspen) measuring at least twelve (12) and less than thirty-two (32) inches in Diameter, or a living coniferous tree measuring at least eight (8) and less than twenty-four (24) inches in Diameter. (Source: Ordinance No. 28-2016, 11-24-2016) Site means the area of Land within which Land Alteration occurs or is to occur. Stormwater means any form of natural precipitation which causes water to runoff or flow from one (1) place to another and includes Stormwater runoff, snow melt runoff, and surface runoff and drainage. Stormwater Facility means a stationary and permanent Stormwater BMP designed, constructed and operated to prevent or reduce the Discharge of Pollutants in Stormwater as well as structures built to collect, convey, or store Stormwater, including but not limited to, inlets, pipes, storm drains, pumping facilities, Retention Basins, Detention Basins, drainage channels, reservoirs, and other drainage structures. Stormwater Management means the use of structural or non-structural practices that are designed to reduce the movement of Stormwater, including Stormwater Discharge volumes, and peak flow Discharge rates. Stormwater Pollution Prevention Plan (SWPPP) means a plan described in Subdivision 8.E of this section. A SWPPP also refers to that SWPPP required by the MPCA under the NPDES Permit program to manage and reduce the Discharge of Pollutants in Stormwater. Tree Trunk means the stem portion of a tree from the ground to the first branch thereof. Vegetated Swales means a vegetated earthen channel that conveys Stormwater while treating the Stormwater with biofiltration. Such swales may be designed to pretreat surface runoff by removing Pollutants through Filtration and Infiltration. WMZ (Wellhead Management Zone) is the area within a 50-foot radius from any municipal well. Subd. 3. Permit Requirements and Exemptions. A. Permit Required. Except as hereafter provided, it is unlawful for any person to use Land for, or to engage directly or indirectly in, Land Alteration unless such person shall first have applied to and obtained from the City, in the manner hereinafter provided, a Permit authorizing the same. B. Single Family Dwelling. At a minimum, a person engaging in Land Alteration in connection with construction of a Single Family Dwelling must obtain a Building Permit from the City. In addition, a Land Alteration Permit may be required if the City Engineer or his/her designee determines that site conditions require a Permit or if a Land Alteration Permit is required in other Sections of the City Code. The Permittee who conducts Land Alterations pursuant to a Building Permit shall be required to comply with Subdivisions 5, and 7 of this section. Failure to comply with Subdivisions 5 and 7 of this section if applicable, will subject the Permittee to the provisions of Subdivision 7.J of this section. The application for the Building Permit shall include a Certificate of Survey, including a map of the Erosion Control Measures which will be provided, and must be pre-approved in writing by the City. Single Family Dwelling construction includes construction of a single family dwelling, garage, pool, addition, driveway or deck. (Source: Ordinance No. 28-2016, 11-24-2016) C. General Exemptions. The following Land Alterations are exempt from the requirements for a Permit: 1. Any Land Alteration occurring pursuant to a Land Alteration or Building Permit which was approved by the City prior to April 21, 2015 and which has not expired. 2. Movement of less than one hundred (100) cubic yards of earth. 3. For all lots except residential lots, the cutting, removal or killing of less than ten percent (10%) of the Significant Trees on any Land within a period of five (5) years. For residential lots, the cutting, removal or killing of less than ten percent (10%) of the Significant Trees or one (1) Significant Tree, whichever is greater, on any land within a period of five (5) years. 4. Any destruction or disruption of vegetation covering an area equal to or less than ten percent (10%) of any Land. 5. Installation of a fence, sign, telephone or electric poles and other posts or poles which result in less than one thousand (1,000) square feet of exposed soil. 6. Home gardens, turf or an individual's home landscaping, installation, repairs and/or maintenance work. 7. Retaining walls less than four (4) feet in height and twenty-five (25) feet in length that are constructed in a manner which does not change the existing Stormwater Drainage. This would include a single or tiered retaining wall system. 8. Existing agricultural, horticultural or silvicultural operations. 9. Opening and closing graves. 10. Emergency work to prevent or alleviate immediate dangers to life, limb, property or natural resources. In such an event, if a Permit had been required but for the emergency, the obligations of this section shall apply and shall be performed at the earliest reasonable time thereafter. 11. Excavations for tunnels, wells, utilities, trails, sidewalks, roads or other public work projects which are undertaken by the City, unless the disturbance meets the criteria established in Subdivision 6 of this section. D. Other Requirements. Neither this section nor any administrative decision made under it exempts a person from other requirements of this Code, from procuring permits required by other agencies (including but not limited to the Watershed District, Hennepin County, Minnesota Pollution Control Agency (MPCA), the Minnesota Department of Natural Resources (DNR) or the U.S. Army Corps of Engineers (USACE) or from complying with the requirements and conditions of such permits. A copy of any permits related to Wetlands, Land Alteration or Stormwater received from another federal, state or local authority must be provided to the City Engineer prior to issuance of a Permit from the City. Subd. 4. Tree Replacement Plan Requirements. A. Application. (Source: Ordinance No. 28-2016, 11-24-2016) 1. A Land Alteration Permit or Building Permit shall be further subject to and conditioned upon compliance by the Permittee with all provisions of this Subdivision 4, if such Permit is issued in connection with (1) a final plat application, (2) a Subdivision application resulting in the creation of one (1) or more new development parcels, (3) a PUD or (4) a site plan review. 2. In the event paragraph 1 above does not apply, a Land Alteration Permit or Building Permit shall be subject to the tree replacement requirements in (a) and (b) below if such Permit includes the removal of a Significant Tree or Heritage Tree as part of the redevelopment of a lot previously platted and developed. a. A Significant Tree must be replaced with one (1) tree, subject to the conditions on location, size, timing, health and source outlined below. b. A Heritage Tree shall not be removed without the written consent from the City Manager. The City Manager may condition such consent on replacement of the tree as determined by City staff subject to the requirements on location, size, timing, health and source of trees as set forth below. 3. General Exemptions. The following are exempt from the Tree Replacement Requirements of this Subdivision 4: a. For all lots except residential lots, the cutting, removal or killing of less than ten percent (10%) of the Significant Trees and Heritage Trees on any Land within a period of five (5) years. b. For residential lots the cutting, removal or killing of less than ten percent (10%) of the Significant Trees and Heritage Trees or the cutting, removal or killing of one (1) Significant Tree or Heritage Tree, whichever is greater, on any land within a period of five (5) years. c. Single Family lots which are less than twenty-two thousand (22,000) square feet in size. d. Property within the TOD and TC zoning districts. e. The cutting of trees planted and grown by the owner or owner's predecessor on real estate which on April 17, 1990 was classified as Class 2b property according to Minnesota Statsutes, 1989 Supplement, Section 273.13, Subdivision 23(b) because it was as of such date real estate, rural in character, and used exclusively for growing trees for timber, lumber, wood and wood products as described in clause (1) of said Subdivision 23(b). 4. The requirements of this Subdivision 4 shall be in addition to the requirements in City Code Section 11.42 relating to landscaping. If any of the requirements of this Subdivision 4 apply, a Tree Replacement Plan shall be submitted to the City in accordance with this subdivision. The Tree Replacement Plan may be combined with the landscaping plan required by City Code Section 11.03; provided that if the plans are combined, the combined plan shall identify which trees are replacement trees. B. Tree Inventory. A Tree Inventory certified by a registered land surveyor, landscape architect or forester must be provided to the City Forester. The Tree Inventory must depict the following: 1. The size, species, condition and location on the Site of all Heritage Trees and Significant Trees. On large wooded areas, forest mensuration methods may be used to determine the total Diameter inches of trees outside the area of the proposed Land Alteration. (Source: Ordinance No. 28-2016, 11-24-2016) 2. A list of Heritage Trees and Significant Trees which will be lost due to the proposed Land Alteration. Heritage Trees and Significant Trees shall be considered lost as a result of: a. Grade change or Land Alteration, whether temporary or permanent, of greater than one (1) foot measured vertically, affecting forty percent (40%) (as measured on a horizontal plane) or more of the tree's Root Zone; b. Utility construction (i.e., sewer, water, storm sewer, gas, electric, telephone and cable TV) resulting in the cutting of forty percent (40%) or more of the tree's roots within the Root Zone; c. Mechanical injury to the Tree Trunk of a Heritage or Significant Tree causing loss of more than forty percent (40%) of the bark at any given Diameter location along the trunk; or, d. Compaction to a depth of six (6) inches or more of forty percent (40%) or more of the surface of the soil within a Heritage or Significant Tree's Root Zone. 3. The number, type and size of trees required to be replaced pursuant to this section. 4. The location of the replacement trees. C. Tree Replacement Requirements. The Permittee shall replace Heritage Trees and Significant Trees lost or reasonably anticipated to be lost as a result of Construction Activity or Land Alteration immediately upon the occurrence of a loss, whether the loss occurs during Construction Activity, Land Alteration or thereafter, by the Permittee, his agent, or successor in interest by planting that number of trees (Replacement Trees) determined in accordance with the following criteria: (Source: Ordinance No. 28-2016, 11-24-2016) 1. Replacement. Significant Tree replacement formula: A = Total Diameter Inches of Significant Trees Lost as a Result of the Land Alteration B = Total Diameter Inches of Significant Trees Situated on the Land C = Tree Replacement Constant (0.5) D = Replacement Trees (Number of Caliper Inches) [(A/B) x C] x A = D EXAMPLE A = 337 B = 943 C = 0.5 D = 60 [(337/943) x 0.5] x 337 = 60 Heritage trees that are lost or damaged are to be replaced at a ratio of 2:1, replaced caliper inches to lost or damaged Diameter-inch. Heritage Tree replacement must include a minimum of twenty percent (20%) replacement trees equal to or greater than four (4) caliper inches. In the case one (1) or more Heritage trees are saved, the amount of Diameter-inches of said saved Heritage tree(s) may be subtracted from the replacement required by Subdivision C.1 of this subdivision, provided however in no event shall the amount subtracted exceed fifty percent (50%) of the Replacement Trees (Number of Caliper Inches) as determined by the formula in Subdivision C.1. The not to exceed fifty percent (50%) limitation shall apply to applications deemed to be complete on or after March 7, 2017. (Source: Ordinance No. 5-2017, 3-30-2017) 2. Payment. Alternatively, if the Permittee demonstrates to the satisfaction of the City Manager. that it is not practical or reasonable to plant all or some of the required replacement trees on the Land, the Permittee may request approval to make cash payment to the City to be used for planting of trees and natural enhancements to the land within the City. Cash payments shall be calculated as set forth in the adopted fee schedule at the time of issuance of the Land Alteration Permit. The trees required to be replaced pursuant to this section shall be in addition to any other trees required to be planted pursuant to any other provision of the Code. A Financial Security is required as described in Subdivision 12 of this section. D. Location of Replacement Trees. Replacement Trees shall be planted in one (1) or more of the following areas on the Land: 1. Restoration areas including steep slopes. 2. Outlots or common areas. 3. Buffer zones between different land uses and/or activities. 4. Project entrance areas. 5. Wetland Buffer Areas. 6. Stormwater BMPs designed according to Subdivision 6. 7. Any other part of the Land except areas dedicated or conveyed to the City, unless the City consents in writing. E. Sizes and Types of Replacement Trees. Replacement Trees must be no less than the following sizes: 1. Deciduous trees - no less than two and one-half (2½) Caliper Inches. 2. Coniferous trees - no less than six (6) feet high. (Source: Ordinance No. 28-2016, 11-24-2016) On steep slopes (i.e., greater than 3:1) deciduous trees may be two (2) Caliper Inches and coniferous trees may be six (6) feet in height. Replacement Trees shall be of a species similar to the trees which are lost and shall be pre- approved in writing by the City. F. Time to Perform. Replacement trees shall be planted not less than 18 months after the date of issuance of the Permit. G. Missing, Dead or Unhealthy Trees. Any Replacement Tree which is not alive or healthy one (1) year after the date that the last Replacement Tree has been planted shall be removed and a new healthy tree of the same size and species shall be planted in place of the removed tree. All such plantings shall occur within one (1) year of the date the tree qualifies as dead, unhealthy or missing. H. Sources of Trees. Replacement trees shall consist of "certified nursery stock" as defined by Minnesota Statutes Section 18.46. Trees planted in place of missing, dead, or unhealthy Replacement Trees shall consist only of "certified nursery stock" as defined by Minnesota Statutes Section 18.46. I. Exceptions. The provisions of Subdivision 4 shall not apply to the cutting of trees planted and grown by the owner or owner's predecessor on real estate which on April 17, 1990 was classified as Class 2b property according to Minnesota Statutes, 1989 Supplement, Section 273.13, Subdivision 23(b) because it was as of such date real estate, rural in character, and used exclusively for growing trees for timber, lumber, wood and wood products as described in clause (1) of said Subdivision 23(b). Subd. 5. General Requirements for Land Alteration. Land Alteration shall be subject to and conditioned upon the performance by the Permittee or Owner of the following general requirements regardless of whether a Permit is required: A. Concrete Truck Wash Out. Designation of an area for wash out of concrete trucks and equipment must be provided by the Permittee. Sites that are one (1) acre or more must provide on the Site a station for washing out concrete trucks and equipment. The location of the wash out area or wash out station shall preclude the drainage of concrete and all other wash out wastes from the washing activities to a Stormwater Facility or water resource. B. Corrections. Breaches of the perimeter of the Site by Erosion shall be immediately corrected, cleaned up and restored. A right-of-entry from the adjoining property owner(s) must be obtained to implement clean up and restoration on adjoining properties that were impacted by the Erosion. Erosion breaches must be corrected within forty-eight (48) hours of obtaining a right-of-entry. C. Drain Inlet Protection. All storm drain inlets shall be protected during Construction Activities and Land Alteration with silt fence or other equivalent barrier meeting accepted design criteria, standards and specifications contained in the Minnesota Stormwater Manual or alternative pre- approved in writing by the City until Final Stabilization is completed. (Source: Ordinance No. 18-2022 , 9-29-2022) D. Driveway Construction or Replacement. All driveway construction or replacement that disturbs the underlying soils shall be installed in accordance with City Code Chapter 11 surface requirements. Driveway construction shall be completed within one hundred twenty (120) days after the earlier of the following: (i) completion of the structure(s) for which the driveway is constructed; (ii) a driveway replacement project is started; or (iii) a Certificate of Occupancy has been issued; unless otherwise approved by the City. E. Erosion Control Installation. Erosion Control Systems shall be installed prior to commencement of any Land Alteration activity and maintained during the Land Alteration activities in accordance with the following parameters: 1. Stormwater channeled from adjacent areas passing through the Site shall be diverted around disturbed areas during the Land Alteration, if practical. Diverted Stormwater shall be conveyed in a manner that will not erode the channels. 2. All activities on the Site shall be conducted in a manner which minimizes the area of bare soil exposed at any one (1) time. 3. Runoff from the Site shall be controlled by meeting subsection a. below and either subsection b. or c., depending on the size of the Site. a. All disturbed earth shall be stabilized by seeding (if prior to September 15), sodding, mulching, or other equivalent Control Measure pre-approved in writing by the City within fourteen (14) days of ceasing Construction Activity or Land Alteration, unless required otherwise in a federal, state or local permit. b. For sites with more than ten (10) acres disturbed at one time, or if a channel originates in the disturbed area, one (1) or more temporary and/or permanent Detention or Retention Basins (Basin) shall be constructed. Each Basin shall have a surface area of at least 1% of the area draining to the Basin and at least three (3) feet in depth. Each Basin shall be constructed in accordance with design specifications approved by the City. The Permittee or Owner shall ensure that Sediment is removed on a regular basis in order to maintain a depth of three (3) feet in depth. The Basin Discharge rate shall also be sufficiently low as to not cause erosion along the Discharge channel or the receiving water. c. For Sites with less than ten (10) acres disturbed at one (1) time, silt fences, or equivalent Control Measures shall be placed along the side and down slopes of the Site. If a channel or area of concentrated runoff passes through the site, silt fences shall be placed along the channel edges to reduce Sediment reaching the channel. Erosion Control Systems may be adjusted during dry weather to accommodate short term activities, such as those that require the passage of very large vehicles. As soon as the activity is finished and in any event prior to the occurrence of rainfall, the Erosion Control Systems must be returned to the original configuration. F. Erosion Control Maintenance. All Erosion Control Systems shall be designed to minimize the need for maintenance and to provide access for maintenance purposes. All Erosion Control Systems shall be maintained in a functional condition until Final Stabilization of the Site and until all Land Alteration, including completion of turf and/or structural surfaces used to control soil erosion, is complete. Erosion Control Systems shall be removed within thirty (30) days following Final Stabilization. H. Final Stabilization. Upon ceasing operations or upon interrupting Land Alterations for a period of six (6) months or more, the Permittee or Owner shall complete Final Stabilization of the site. For a Certificate of Occupancy issued from April 1 to August 31, ground cover shall be established within sixty (60) days of the issuance of the Certificate. For a Certificate of Occupancy issued between September 1 to March 31, ground cover shall be established prior to June 1 of the following year. I. Hours of Operation. No Land Alterations shall be conducted prior to 7:00 a.m. nor after 7:00 p.m. on Monday through Friday, prior to 9:00 a.m. nor after 7:00 p.m. on Saturday, nor any time on Sundays or legal holidays. The City may, upon good cause being shown, vary these days and hours in writing. J. Protection of Adjoining Structures. No Land Alteration shall occur which may endanger the use or support of adjoining lands or structures. K. Slope Stabilization. Land contours made in conjunction with Land Alteration shall be sloped on all sides at a minimum ratio of three (3) horizontal to one (1) vertical (3H:1V) or greater, unless a steeper slope is approved in writing by the City. M. Temporary Fencing. Temporary construction fencing must be installed around the Site, if necessary, to protect the public or natural resources against injury or damage. All temporary construction fencing shall be removed within ten (10) days following elimination of potential injury or damage or issuance of a Certificate of Occupancy, whichever occurs first. The fencing shall not be used as a permanent installation. N. Temporary Soil or Dirt Storage. Soil or dirt storage piles containing more than fifty (50) cubic yards of material shall be stabilized by mulching, vegetative cover, tarps, or other equivalent Control Measures within fourteen (14) days unless required otherwise in a federal, state or local permit. O. Tracking or Spilling. BMPs shall be employed to minimize Sediment from being tracked or spilled onto public or private roadways. The BMPs may include, but are not limited to, the following: frequent cleaning of streets adjacent to the construction site, rock construction entrances, graveled roads, washing stations, and parking areas of sufficient width and length. Sediment reaching a sidewalk, trail or public or private road shall be removed by street cleaning with power sweepers (not flushing) before the end of each workday or as otherwise ordered by the City in writing. Should eroded soils enter, or entrance appears imminent, into wetland or other water bodies, clean up and repair shall be immediate. The Permittee or Owner shall be responsible for signage and other protection measure during clean up operations. P. Site Dewatering. Water pumped from the Site shall be treated by temporary Sedimentation basins, grit chambers, sand filters, upflow chambers, hydro-cyclones, swirl concentrators or other controls as appropriate. Water may not be Discharged in a manner that causes Erosion or flooding that creates an adverse impact to the Site, abutting property, receiving channels or a wetland. Q. Unsafe Conditions. The Permittee shall repair, change, alter, modify or desist from any Land Alteration deemed by the City Engineer or his/her designee to be the cause of unsanitary, dangerous, or polluted conditions harmful to the general welfare of the City. R. Waste and Material Collection and Disposal. All waste and unused building materials (including garbage, debris, cleaning wastes, litter, wastewater or sewage, toxic materials or hazardous materials) shall be properly contained while on site, properly disposed of off-site, and not allowed to be carried by water and/or wind off the site or into a receiving channel or storm sewer system. Waste containers and all construction materials shall not be placed or stored such that they obstruct, encroach upon, or interfere wholly or in part with any public right-of-way, including but not limited to, public roadways, trails, sidewalks, parks or other public properties unless a permit is issued under City Code Section 6.03. S. Wetlands and Waterways. Stormwater shall not be Discharged directly into any natural water bodies such as wetlands, lakes or streams without pre-settlement. Wetlands must not be drained or filled, wholly or partially, unless a permit to replace by restoring or creating wetland areas of at least equal public value has been issued by the local governing unit. The permit and replacement must be in accordance with the Wetlands Conservation Act [Minnesota Statutes Section 103G.221 et seq. (herein referred to as the WCA)] and City Code Section 11.51. Subd. 6. Development Plan Stormwater Management Standards and Design Criteria. Development Plans with land disturbance of greater than or equal to one (1) acre, including projects of less than one (1) acre that are part of a larger common plan of development or sale, shall include evaluation of the following provisions. The evaluation must be provided with the Land Development Application. Variances may not be granted by the City for the stormwater requirements set forth in Subdivision 6.G. A. Green Infrastructure Analysis. The use of Green Infrastructure techniques and practices shall be the preferred BMPs for accomplishing compliance with Subdivision 6.B. and Subdivsion 6.C The following Green Infrastructure design options or types of features must be considered, consistent with zoning, subdivision and PUD requirements: 1. Preserving natural vegetation. 2. Preserving and utilizing natural upland swales, depressions and upland storage areas in the post-development condition to the degree that they can convey, store, infiltrate, filter or retain Stormwater runoff before Discharge. Preservation requires that no grading or other Construction Activity occurs in these areas. 3. Minimizing impervious surface. 4. Installing permeable pavement to allow stormwater runoff to filter through surface voids into an underlying reservoir for temporary storage and/or Infiltration. 5. Utilizing vegetated areas to filter sheet flow, remove Sediment and other Pollutants and increase time of concentration to slow Discharge or reduce runoff of Stormwater. 6. Disconnecting impervious areas by allowing runoff from small impervious areas to be directed to pervious areas where it can be infiltrated or filtered. 7. Installing a green roof to provide an environment for plant growth for treatment of stormwater through filtering of suspended solids and pollutants and/or for volume and rate control as part of the roof system for the building. 8. Using irrigation ponds or systems, cisterns, rain barrels and related BMPs to reuse Stormwater runoff. 9. Planting of trees for retention and detention of Stormwater runoff as defined in the Minnesota Stormwater Manual or State of Minnesota Minimal Impact Design Standards (MIDS). 10. Utilizing a soil amendment or decompaction process after site disturbance. 11. Minimizing parking facility size. 12. Increasing buffers around streams, steep slopes and wetlands to protect from flood damage and/or provide additional water quality treatment. Development Plans shall be designed to protect and minimize impacts to natural features such as wetlands, wooded areas, rare and endangered species habitat, preservation areas designated by the Hennepin County Biological Survey, Metro greenways, and parkland to the MEP. B. Post-Construction Stormwater Management. Development Plans shall include the following conditions to the MEP. 1. New Development projects must have no net increase from pre-project conditions on an annual average basis of: a. Stormwater Discharge Volume. b. Stormwater Discharges of Total Suspended Solids (TSS). c. Stormwater Discharges of Total Phosphorus (TP). 2. Redevelopment projects must have a net reduction from pre-project conditions on an annual average basis of: a. Stormwater Discharge volume. b. Stormwater Discharges of TSS. c. Stormwater Discharges of TP. C. Volume Management. Volume Management Measures for Development Plans shall meet the following standards: 1. Retain a runoff volume equal to one (1) inch times the area of the proposed new and fully reconstructed impervious surfaces onsite. 2. For linear projects, retain a runoff volume equal to the greater of one (1) inch of runoff from the new impervious surface or one-half (0.5) inch of runoff from the sum of the new and fully reconstructed impervious surfaces created by the project. 3. Pretreatment in the form of sump structure, vegetated filter strip, water quality inlet or other Sediment control method to settle particulates approved by the City shall be provided for all filtration and infiltration areas. 4. Calculations, modeling and design for and installation of Infiltration BMPs must be provided. 5. No wetlands or areas below the calculated normal water level of constructed wet ponds shall be accepted as an Infiltration practice. (Source: Ordinance No. 18-2022 , 9-29-2022) D. Stormwater Discharge Volume Prohibitions. The use of Infiltration is prohibited on sites where the Infiltration BMP will receive Discharges from, or be constructed in, any of the following areas: 1. Where industrial facilities are not authorized to infiltrate industrial Stormwater under an NPDES/SDS Industrial Stormwater Permit issued by the Minnesota Pollution Control Agency (MPCA). 2. On land where vehicle fueling and maintenance currently occur, regardless of the amount of new and fully reconstructed impervious surface. 3. Where there is less than three (3) feet vertical feet of separation from the bottom of the Infiltration BMP to the elevation of seasonally saturated soils or the top of bedrock. 4. Where high levels of contaminants in soil or groundwater will be mobilized by the infiltrating Stormwater. Documentation regarding type and extent of identified contaminants identified, such as a Phase I Environmental Site Assessment or the MPCA's site screening assessment checklist, must be provided. 5. Where predominately Hydrologic Soil Group D (clay) soils exist. 6. Where soil Infiltration rates exceed 8.3 inches per hour, unless soils are amended to slow the infiltration rate below 8.3 inches per hour. 7. Within one thousand (1,000) feet up-gradient, or one hundred (100) feet down-gradient of active karst features. The city may require the applicant to perform additional appropriate geotechnical investigations in areas of suspected active karst or shallow bedrock. 8. In an Emergency Response Area (ERA) within a Drinking Water Supply Management Area (DWSMA) as defined in Minn. R. 4720.5100, Subp. 13, classified as high or very high vulnerability as defined by the Minnesota Department of Health. 9. In an ERA within a DWSMA classified as moderate vulnerability, unless the permittee performs or approves a higher level of engineering review sufficient to provide a functioning treatment system and to prevent adverse impacts to groundwater. 10. Outside of an ERA within a DWSMA classified as high or very high vulnerability, unless the permittee performs or approves a higher level of engineering review sufficient to provide a functioning treatment system and to prevent adverse impacts to groundwater; (Source: Ordinance No. 18-2022 , 9-29-2022) E. Stormwater Discharge Volume Restrictions. The use of Infiltration shall be subject to review and approval by the City Engineer where the use of Infiltration BMPs are restricted due to Construction Activity occurring on any of the following sites: 1. Where the bottom of the Infiltration basin will be less than three (3) feet above the normal water level of any adjacent wetland. 2. Within a Drinking Water Supply Management Area (DWSMA) as defined in Minn. Rules 4720.5100, subp. 13. 3. Within fifty (50) feet of an outdoor salt stockpile or storage area. 4. Where vehicle fueling and maintenance previously occurred. 5. Within the Wellhead Management Zone (WMZ) of any City well. (Source: Ordinance No. 18-2022 , 9-29-2022) City approval shall be conditioned upon completion of higher engineering review and submittal of the analysis to the City Engineer in these areas that demonstrate to the reasonable satisfaction of the City Engineer that the Infiltration BMPs will perform properly and that groundwater is adequately protected. F. Stormwater Discharge Volume Exceptions. The use of less Infiltration for volume control on the Site of the Construction Activity or Land Alteration may be allowed subject to review and approval in writing by the City where: 1. The Site is precluded from infiltrating Stormwater through a designed system due to any of the limitations described in Subdivisions 6.D or 6.E of this section. 2. The project is a linear project where the right-of-way precludes the installation of volume control practices that meet the conditions for post-construction storm water management Subdivisions 6.B or 6.C of this section. A reasonable attempt must be made to obtain right-of- way or easements during the project planning process. If the City Engineer determines that Infiltration is restricted or prohibited on site, the Permittee or Owner shall incorporate to the MEP Stormwater treatment alternatives such as wet sedimentation basins, Filtration systems, evapotranspiration, reuse, harvesting, conservation design, green roofs, or other similar techniques on the Site to reduce Stormwater Discharge volume. The City may allow, by an approval in writing, the Permittee or Owner to provide payment to the City in lieu of the volume reduction upon written approval by the City. The request and any information and/or calculations required to support the estimated amount of volume reduction and payment amount must be provided in writing to the City Engineer with the Application for the Land Alteration Permit. (Source: Ordinance No. 18-2022 , 9-29-2022) G. Stormwater Management Mitigation. In circumstances where the Permittee cannot cost effectively meet the post-construction requirements for Total Suspended Solids (TSS) or Total Phosphorus (TP) treatment established in Subdivision 6.B in this section on the Site, the Permittee must identify locations where mitigation projects will be completed by the Permittee. The TSS and/or TP not addressed on Site must be addressed through mitigation approved in writing by the City and, at a minimum, shall ensure the following: 1. Mitigation project areas are selected in the following order of preference: a. Locations that yield benefits to the same receiving water that Stormwater runoff drains to from the Construction Activity or Land Alteration. b. Locations with the same Department of Natural Resource (DNR) catchment area as the Construction Activity or Land Alteration. c. Locations in the next adjacent DNR catchment area up-stream d. Locations anywhere within the City. 2. Mitigation projects must be approved by the City in writing and may include either: (i) creation of new Stormwater Facilities, (ii) retrofit of existing Stormwater Facilities, or (iii) creation or use of a regional Stormwater Facility. Routine maintenance of Stormwater Facilities already installed cannot be used to meet mitigation requirements. 3. Mitigation projects must be completed within twenty-four (24) months after the start of the Construction Activity or Land Alteration. If the permittee determines more time is needed to complete the treatment project, the permittee must provide the reason(s) and schedule(s) for completing the project in the annual report. (Source: Ordinance No. 18-2022 , 9-29-2022) The Permittee shall determine, document and provide the contact information for the Person who is responsible for long-term maintenance on all mitigation projects. The Person responsible is subject to approval by the City. The Permittee may be allowed to provide payment to the City in lieu of the Stormwater Management mitigation activity upon written approval by the City Engineer. The payment shall include all costs, including but not limited to the cost of land purchase, analysis, design, construction, monitoring and maintenance of the mitigation site. H. Stormwater Facility Design Standards. All storm sewer system components, including inlets, outlets, catch basins, piping and other structures designed to treat or convey Stormwater, shall be designed for a minimum ten-year frequency event using currently accepted rainfall data with the exception of storm sewer systems near critical topographic features such as steep slopes and bluffs which shall be designed for a 100-year frequency event with a designated overland emergency overflow (EOF). Green Infrastructure required by the City or other regulatory agency may be considered for reductions in storm sewer design requirements if pre-approved in writing by the City Engineer. I. NURP Design Criteria. If Stormwater Facilities are required by the City to meet the requirements of Subdivsions 6.B and 6.C, the Stormwater Facilities may be required to include a Stormwater pond which shall be based on NURP Design Criteria with a calculated water elevation for a 100-year frequency event. Proposals to provide an alternative to the NURP Design Criteria may be considered but must be approved in writing by the City Engineer. The NURP pond shall be designed by a Professional Engineer licensed in Minnesota (PE). The following NURP Design Criteria must be incorporated into the design submitted for review. 1. A permanent pond surface equal to two percent (2%) of the impervious area draining to the pond or one percent (1%) of the entire area draining to the pond, whichever amount is greater. 2. An average permanent pool depth of four (4) to ten (10) feet. 3. A recommended permanent pool length to width ratio of 3:1 or greater. 4. A minimum protective shelf extending ten (10) feet into the permanent pool with a slope of 10:1, beyond which slopes shall not exceed 3H:1V. 5. All Stormwater Facilities shall have a device to keep oil, grease, and other water borne material from moving downstream as a result of normal operations. Subd. 7. Inspections, Monitoring and Maintenance. A. Inspections. Inspections of the Site and Stormwater Facility to determine compliance with the requirements of this section are the responsibility of the Permittee and/or Owner. Sites which require a NPDES Permit or are greater than one (1) acre in size must have inspections completed by a Certified Professional in Erosion & Sediment Control (CPESC) or a Professional Engineer licensed in Minnesota (PE). Inspection results and maintenance activity reports must be completed and submitted in writing to the City for a minimum of two (2) years following completion of construction and final acceptance by the City. B. Right of Entry and Access to Materials. The City shall be entitled to enter and inspect the Site and Stormwater Facilities as often as may be necessary to determine compliance with this section and shall be entitled to examine and copy records, wherever they may be kept that must be maintained pursuant to the Permit or local, state or federal law. C. Obstructions to Access. Any temporary or permanent obstruction to safe and easy access to a Site or Stormwater Facility subject to inspection shall be promptly removed by the Permittee or Owner at the request of the City and shall not be replaced. D. Monitoring and Testing of Stormwater Discharge and Stormwater Facilities. To assure that the Land Alteration is being conducted in accordance with the conditions stated on the Permit, the City may order, at the expense of the Permittee or Owner, monitoring of the Stormwater Discharge and/or Stormwater Facility, including those field measurements or testing the City deems necessary to assure that the conditions and requirements of the Permit are being followed. If the monitoring is not completed, the City shall have the right to set up on any Site such devices as are necessary in the opinion of the City to conduct monitoring, testing and/or sampling of the Stormwater and/or Stormwater Facility. E. Inspections and Maintenance during Land Alteration Activities. During the Land Alteration the Permittee must inspect each Stormwater Facility and Erosion Control System bi-weekly and immediately after each rainfall event of one-half (0.5) inches or more. Any Erosion or breach in an Erosion Control System must be corrected within forty-eight (48) hours of identifying the Erosion or breach. Correction may include, but is not limited to: rehabilitation of an Infiltration practice; removal of silt, litter and other debris from catch basins, inlets and drainage pipes; removal of noxious or invasive weed species; and/or replacement of landscape vegetation. Inspections shall include, but are not limited to, evaluation of the following items: 1. Stabilization of exposed soils (including stockpiles); 2. Stabilization of ditch and swale bottoms; 3. Sediment control BMPs on all downgradient perimeters of the project and upgradient of buffer zones; 4. Storm drain inlet protection; 5. Energy dissipation at pipe outlets; 6. Vehicle tracking BMPs; 7. Preservation of a fifty (50) foot natural buffer or redundant sediment controls where stormwater flows to a surface water within fifty (50) feet of disturbed soils; 8. Owner/operator of construction activity self-inspection records; 9. Containment for all liquid and solid wastes generated by washout operations (e.g., concrete, stucco, paint, form release oils, curing compounds, and other construction materials); and 10. Maintenance and functionality of BMPs. Documentation for each inspection must be provided to the City in a format approved by the City within forty-eight (48) hours of the inspection. (Source: Ordinance No. 18-2022 , 9-29-2022) F. Post Activity Inspections. All Stormwater Facilities must undergo, at a minimum, one (1) inspection annually for two (2) years after completion and final acceptance of the construction. After two (2) annual inspections are approved by the City in writing, all Stormwater Facilities must undergo, at a minimum, one (1) inspection every five (5) years to document maintenance and repair needs and ensure compliance with the requirements of this section and all federal, state and local regulations. An inspection report for each inspection shall be filed with the City within ninety (90) days of the inspection. The inspection frequency may be increased as deemed necessary by the City to ensure proper functioning of the Stormwater Facility. The requirements of this paragraph pertain only to Stormwater Facilities which are not subject to an easement or maintenance agreement in favor of the City, Watershed District or other federal, state or local agency. (Source: Ordinance No. 18-2022 , 9-29-2022) G. As-Built Surveys. An as-built survey of every Stormwater Facility must be provided to the City within one (1) year of final completion of Construction Activity or Land Alteration. The survey shall be provided in the Minnesota County Coordinate System, Hennepin County North American Datum 1983 (NAD83) (1996) projection in U.S. Survey feet. All vertical elevations shall be in North American Datum 1988 (NAVD88). The survey shall also be in a format compatible with the City's current GIS software. (Source: Ordinance No. 18-2022 , 9-29-2022) H. Post Activity Stormwater Facility Maintenance. Owners of Land which includes a Stormwater Facility must maintain the Stormwater Facility to ensure proper functioning of the Stormwater Facility over time. Maintenance shall include: restoration or replacement of Stormwater Facilities' function; removal of silt, litter and other debris from catch basins, inlets and drainage pipes; removal of noxious or invasive weed species; or replacement of landscape vegetation if needed. All required maintenance shall be addressed in a timely manner, as determined by the City. The maintenance requirement may be increased as deemed necessary by the City to ensure proper functioning of the Stormwater Facility over time. The requirements of this paragraph pertain only to Stormwater Facilities which are not subject to an easement or maintenance agreement in favor of the City or Watershed District or other federal, state or local agency. The City may perform maintenance on any private Stormwater Facility which presents or may present imminent and substantial danger to the environment, to the health or welfare of persons, or to the storm sewer system or surface waters. The Owner of the private system shall be responsible for any costs and charges that are associated with this work. I. Stormwater Facility Easement. When any new Stormwater Facility is installed on private property where it receives drainage from a public Stormwater system, the property owner shall grant to the City an easement in recordable form granting the City the right, but not the obligation, to maintain, reconstruct, repair and inspect the Stormwater Facility. The easement shall be received by the City prior to completion of the construction of the Stormwater Facility and shall include the right to enter onto the Site to gain access to the Stormwater Facility. J. Failure to Maintain Practices. If a Permittee fails or refuses to meet any of the requirements of this section, the City, after notice, may inspect the Stormwater Facility to determine if maintenance is required to ensure compliance with this section and/or correct any violations by performing all necessary work to place the Site in compliance with this section. If the City identifies violations of this section as a result of the inspection, the City shall notify the Permittee of the violation and a time by which the violations must be corrected. The notice shall further advise that, should the Permittee fail to correct the violation by the stated date, the City will cause the violation to be corrected and the expense thereof shall be charged to the Permittee or Owner. Each violation of this section are deemed and declared a public health and safety hazard and a public nuisance. Building inspections may be withheld until the violation is abated or corrected. The City may also issue a stop-work order on any activities that violate the terms of this section. If payment is not made within thirty (30) days after costs are incurred by the City, payment will be withdrawn from the Permittee's Financial Security required by this section. If there is an insufficient amount in the Financial Security to cover the costs incurred by the City or if there is no Financial Security, then the City may assess the Land for the cost of repair work and any penalties and the amount assessed shall be a lien on the Land and may be certified to the County Auditor to be placed on the tax statement and collected in the same manner as ordinary taxes by the county. Subd. 8. Land Alteration Permit Application Requirements. A. A person seeking a Land Alteration Permit shall make application to the City on a form provided by the City and must include information that exhibits compliance with City Code Section 11.55 and other federal, state and local permit requirements, including the State of Minnesota issued NPDES/SDS General Permit to Discharge Stormwater Associated with Construction Activity or Land Alteration, as applicable. B. Inspection and Maintenance. All Stormwater Facilities shall be designed to minimize the need for maintenance, to provide access for maintenance purposes and to be structurally sound. Prior to issuance of the Permit, the Applicant shall obtain necessary easements or other property interests to allow access to the Stormwater Facilities for inspection and maintenance. A copy of the easements and/or property interests must be provided with the Application. C. Land Alteration/Plan Review Permit Fee. A Land Alteration/Plan Review Fee in an amount set forth in the City Fee Schedule must be paid at the time of submitting an Application to the City. In the event the Land Alteration Permit application is denied, fifty percent (50%) of the Permit Fee shall be returned to the Applicant. D. Site construction and/or site grading plans. All plans provided shall be at the same scale. The minimum scale shall be one inch equals fifty (50) feet (1" = 50'). All plans must be signed by a Professional Engineer licensed in Minnesota (PE) who must verify that the design of all Stormwater Facilities and Erosion Control Systems meet the requirements contained in this section. The following plans must be included with the application: 1. A topographic map of the Site as it exists prior to the proposed Land Alteration showing ground elevation contours at two-foot intervals. The map shall include a minimum of two hundred fifty (2500 feet of land abutting the Site on all sides that is sufficient to show on- and off-site drainage. 2. A topographic map of the Site (grading plan) showing the existing and proposed ground elevation contours at two-foot intervals. 3. Locations and dimensions of all proposed Land Alterations and site features before and after Land Alteration. 4. A dewatering and basin draining plan. 5. The Emergency Over Flow (EOF) location and elevation for each Stormwater Facility. 6. The location and size of existing and proposed building pads. 7. Locations and dimensions of all temporary or interim soil or dirt stockpiles. 8. Location, dimensions and plans of all temporary, interim and final Stormwater Facilities and Erosion Control Systems necessary to meet the requirements of this section. 9. Methods that will be used to inspect, maintain, and stabilize the site during and after construction, including types, time frames and schedules. 10. A restoration plan for areas disturbed by the Land Alteration, including Final Stabilization measures. (Source: Ordinance No. 18-2022 , 9-29-2022) E. Stormwater Pollution Prevention Plan (SWPPP). A SWPPP shall be provided with the application that describes the control and management of the flow of Stormwater and associated water quality impacts resulting from the development. A copy of the completed NPDES/SDS Construction Stormwater General Permit for the Site if required by the Minnesota Pollution Control Agency (MPCA) must be provided with the SWPPP. F. Stormwater Treatment Calculations. Stormwater treatment calculations used to determine compliance with Subdivisions 6 or 8 of this section and any federal, state or local regulatory requirements or permits shall be provided with the application. G. Runoff Management Plan (RMP). If the proposed project is in the Lower Minnesota River Watershed District (LMRWD) a Runoff Management Plan (RMP) must be developed by the Applicant for management of Stormwater runoff in accordance with LMRWD requirements. A copy of the RMP, if required, must be provided with the application. Subd. 9. Permit Application Review and Approval. A. Issuance or Denial. The City Engineer or his/her designee shall review an application for a Land Alteration Permit to determine its conformance with the provisions of this section. Consistent with Minnesota Statutes Section 15.99, the City Engineer or his/her designee shall in writing either approve or deny issuance of a Permit or recommend that the application be forwarded to the City Council for review and denial or approval. Prior to release of the Land Alteration Permit, the Applicant shall provide written copies of all required federal, state and local permit approvals. B. Conditions. Approval, denial, or approval subject to conditions of a Land Alteration Permit shall be based upon the following factors: 1. Whether, and the extent to which, the Land Alteration may create or exacerbate a safety risk to surrounding persons, the public or property. 2. Whether, and the extent to which, the Land Alteration may cause undue harm to the environment including, but not limited to, noise, dust, Erosion, undue destruction of vegetation, and accumulation of waste materials and Pollutants. 3. Whether the physical characteristics of the Site, including but not limited to topography, vegetation, susceptibility to Erosion or siltation, susceptibility to flooding, water storage or retention, are such that the Site is not suitable for Land Alteration or the use proposed. 4. Whether adequate plans have been made for restoring and/or stabilizing the Site upon completion of the Land Alteration. 5. Whether there is a substantial likelihood that the Applicant will be able to comply with the rules and regulations of this section, other applicable Sections of the City Code, and all applicable state, federal and local regulations. 6. Whether the Site proposed for the Land Alteration is zoned for the proposed use. 7. If the City accepts maintenance of the Stormwater Facility, the City may require conveyance to the City or other public entity certain lands or interests therein. A Land Alteration Permit may be approved subject to conditions which limit the size; kind or character of the proposed Land Alteration; require the construction of Stormwater Facilities; require replacement of vegetation; establish monitoring procedures; require staging the work over time; and/or require buffering. C. Modifications. A Permittee may submit to the City a written request for modification of a Permit. The City Engineer or his/her designee shall review the request and in writing either approve or deny the request or recommend that the request be forwarded to the City Council for review and denial or approval. The City may require additional reports and data from the Permittee. D. Expiration. All Land Alteration Permits shall expire twenty-four (24) months after issuance unless otherwise provided on the Permit. Subd. 10. Suspension or Revocation of Permit. The City may suspend or revoke a Permit as follows: A. Suspension. If the City determines any of the following: (i) the Permit was issued in error or on the basis of incorrect information; or (ii) the Permit or work are in violation of any provision of this section or any federal, state or local regulation, the City may suspend the Permit and issue a stop work order and the Permittee shall cease all work on the Site except for work necessary to remedy the cause of the suspension. The Permittee may request reinstatement of a suspended Permit upon correction of the causes for suspension. If the conditions of the Permit have been complied with in full, the City shall reinstate the Permit. B. Revocation. If the Permittee refuses or fails to cease work after the suspension or refuses or fails to correct the causes for suspension within the time period provided in the stop work order, the City may revoke the Permit. Subd. 11. Financial Security. Financial Security is required prior to issuance of a Land Alteration Permit. The Financial Security may take the form of: (i) a performance bond in a form acceptable to the City; (ii)an irrevocable letter of credit issued by a financial institution and in a form acceptable to the City; or (iii) cash in United States currency. The performance bond, letter of credit, or an agreement relating to the deposit of cash with the City shall provide that the City may make a claim against, draw on or withdraw from the financial security as appropriate in order to complete the performance of Applicant's obligations pursuant to the terms of the Permit and this section, including but not limited to, the Applicant's obligations imposed pursuant to the Permit and this section and indemnification of the City against any loss, cost or expense, including an amount as and for reasonable attorney's fees incurred in enforcing the obligations of Applicant pursuant to the Permit or this section. A. Land Alteration Permit Financial Security. The Financial Surety for a Land Alteration Permit shall be in an amount of 125 percent (125%) of the cost estimate of the work to be done as stated in the application for a Land Alteration Permit and as approved by the City Engineer or his/her designee. B. Tree Replacement Financial Security. In addition, if trees are required to be replaced pursuant to this section an additional Financial Security shall be provided in the amount of one hundred fifty percent (150%) of the estimated cost to furnish and plant the Replacement Trees as approved by the City Forester or his/her designee. The estimated cost shall be at least as much as the reasonable amount charged by nurseries for the furnishing and planting of the Replacement Trees. In the event the estimated cost submitted by the Applicant to the City is not approved, the City Engineer or his/her designee shall have the right in his/her sole discretion to determine the estimated cost for purposes of the Financial Surety. Subd. 12. Action Against Financial Security. The City may make a claim against, draw on or withdraw from the appropriate Financial Security in the event of a violation of the terms of the Permit, including but not limited to the following: A. The Permittee ceases performing the Land Alteration for a period of thirty (30) days or more prior to completion of the Land Alteration. B. The Permittee fails to conform to the Land Alteration Permit as approved, and/or has had its Land Alteration Permit revoked. C. The techniques outlined in the Land Alteration Permit fail within one (1) year of installation or before Final Stabilization is achieved for the Site or portion of the Site, whichever comes later. D. The City determines that action by the City is necessary to prevent excessive Erosion from occurring on the Site, or to prevent Sediment from occurring on adjacent or nearby properties. E. The Permittee ceases working on the Tree Replacement Plan for a period of thirty (30) days or more. The City may make a claim against, draw on or withdraw from the Financial Security in whole or in part, for all direct and indirect costs incurred in doing the remedial work undertaken by the City, its employees, consultants and/or contractors. Subd. 13. Release of Financial Security. Any remaining Financial Security shall be released to the Person who deposited the Financial Security upon determination by the City that the requirements of this chapter and the conditions of the Land Alteration Permit and/or Tree Replacement Plan have been satisfactorily performed. No portion of the Financial Security shall be released while there are unsatisfied obligations of the Permittee, including the obligation to indemnify the City for any expenses incurred in enforcing the terms of the Permit or this section. When more than half of the Site's maximum exposed soil area achieves Final Stabilization, the City may reduce the total required amount of the Financial Security, if approved by the City Engineer. A portion, in an amount determined by the City Engineer taking into consideration the percentage of completion of project and the estimated cost to complete the project, of the Financial Security shall be retained to secure the Permittee's or Owner's obligation to remove and replant Replacement Trees which are dead, unhealthy or missing as provided for in this section. Subd. 14. Adopted by Reference. The Minnesota Stormwater Manual and Minnesota's Construction Stormwater General Permit published by the Minnesota Pollution Control Agency are hereby adopted and incorporated by reference. (Source: Ordinance No. 18-2022 , 9-29-2022) Section 11.60 Sloped Ground Development and Regulations (unchanged) Subd. 1. Findings and Purpose. The City finds that development, excavation, or construction on certain slopes within the City may result in the building of unstable structures, increase dangers or erosion and thereby endanger the natural character of the land, and jeopardize the health, safety, and welfare of the citizens of the City. Subd. 2. Definitions. The following terms, as used in this section, shall have the meanings stated: Steep Slopes means Slopes of over twelve percent (12%) and of elevation difference of thirty (30) feet or more in a given parcel. Development means any excavation in excess of fifty (50) cubic yards of soil or activity which first requires the procurement of a building or land alteration permit from the City. Subd. 3. Review by Planning Commission and Council of Development on Steep Slopes. A. Development on Steep Slopes. No development shall be conducted on a steep slope without first receiving a permit therefore from the Council. Approval or rejection of the proposed development shall be obtained in the following manner: 1. Application. Prior to any development on a steep slope, an application for a permit shall be made to the City which shall contain a detailed plan for the development which sets forth: (a) The time period during which the proposed development is to take place. (b) The soil types which are found on the site of the development. (c) A map showing the topography of the area to be developed. (d) A map showing any alteration in the topography that would result from the proposed development. (e) A description of the soil quality in the area to be developed including permeability of the soil, susceptibility of the soil to erosion, drainage of the soil, distance of the soil from underlying bedrock, susceptibility of the soil to changes in physical volume when moistened and/or during periods of frost. (f) Information relative to whether the proposed development will cause and/or be affected by any erosion problems. (g) A description of any disturbance to vegetation and other natural features that will result from the development plus the manner in which the applicant proposes to protect vegetation and other natural features that will not be disturbed. (h) A copy of all specifications, blueprints and other detailed plans for the development. (i) Information relative to the adequacy for the slope conditions and soil type of the foundation and underlying material of any structure, including roads. (j) Information relative to the adequacy of controls and protection existing uphill from the proposed development which are designed to guard structures or roads from being affected by mud, uprooted trees or other materials. (k) Information relative to the adequacy of construction of any retaining walls in excess of thirty (30) feet. 2. Such other information as the Planning Commission shall request from the applicant either prior or subsequent to the initial review of the proposed development by the Planning Commission. 3. The Planning Commission shall review and make a recommendation to the Council as to whether the permit should be issued or denied. 4. The Council may then authorize or deny issuance of the permit. 5. The review by the Planning Commission and the final decision by the Council shall be based on consideration of the following factors: (a) Whether the application is complete, accurate and in all respects conforms with Item 1 of this Subparagraph A. (b) Whether, and the degree to which, the proposed development will cause and/or be affected by erosion problems. (c) Whether any structures erected as part of the development will have adequate foundations and underlying material. (d) Whether, and the degree to which, the development will alter vegetation, topography, or other natural features of the land. (e) Any other factors relating to whether the proposed development will cause any risk or harm to any persons, property or animals. 6. If the Council decides to authorize issuance of a permit, it may do so subject to compliance with reasonable conditions which shall be specifically set forth in the permit. Such conditions may, among other matters, limit the size, kind or character of the proposed work, require the construction of other structures, require replacement of vegetation or other natural features, establish required monitoring procedures and maintenance activity, stage the work over time, require the alteration of the site design to ensure buffering, or require a performance bond. 7. An applicant shall begin the work authorized within sixty (60) days from the date of authorization of the issuance of the permit unless a different date for the commencement of the work is designed by the Council. The applicant shall complete the work authorized within the time limit specified herein, the permit shall become void; provided, however, that if prior to the date established for commencement of the work, the applicant makes written request to the Council for an extension of time to commence the work setting forth the reasons for the required extension, the Council may grant such extension. 8. Notice of Completion. An applicant shall notify the Council in writing when he has finished the work. No work shall be deemed to have been completed until approved in writing by the City Engineer following such written notification. B. General Provisions. 1. Responsibility. Neither the issuance of a permit nor compliance with the conditions thereof, nor with the provisions of this section shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of any permit hereunder serve to impose liability on the City or its officers or employees for injury or damage to persons or property. An approval of an application issued pursuant to this section shall not relieve the applicant of the responsibility of complying with any other requirement established by law, regulation or City Code provision. Section 11.65 Home Occupation (MINOR CHANGES) Subd. 1. Purpose And Intent For Home Based Business. To establish standards by which home based businesses are allowed in residential neighborhoods and preserve the residential characteristics of the R, R1 and RM Districts. Home based businesses shall have no adverse impact to building aesthetics, traffic volume, noise, odor, or any other activity that adversely affects the health, safety and general welfare or is detrimental to the residential nature of the surrounding neighborhood. (Source: Ordinance No. 1-2009, 02-26-2009) Subd. 2. Required Conditions. It is unlawful to conduct a home based businesses except in the R, R-1, and RM, MU, TOD-R, TOD-MU, TC-MU, and TC-R Districts, and it is also unlawful to conduct a home occupation except in compliance with the following regulations: A. A home based business shall be conducted in a dwelling. No more than twenty-five (25%) of the dwelling may be devoted to home based business use. Home based businesses are not permitted within a detached accessory building or garage. B. A home based business shall not be conducted in an accessory structure, and there shall be no storage of equipment or supplies in an accessory structure or outside the dwelling. (Source: City Code, 9-17-1982) C. An entrance to the space devoted to such home based business shall be within the dwelling. There shall be no internal or external alterations, or construction features not typically found in a dwelling. D. This home based business shall be carried on or conducted only by members of a family residing in the dwelling and no more than one (1) non-resident of the dwelling. (Source: Ordinance No. 9-87, 5-7-1987) E. No non-vehicular motor utilized in connection with the operation of a home based business shall exceed one (1) horse power. Non-vehicular motors shall not be operated or tested at the premises of a home based business. F. A home based business shall not create any radio or television interference or create noise audible beyond the boundaries of the site. G. No smoke, odor, liquid, or solid waste shall be emitted. H. Not more than one (1) vehicle of not more than three-quarter ¾ ton capacity, nor any trailers, utilized in connection with a home based business shall be permitted at the site of the home based business. Any vehicles utilized in connection with the home based business having ladders, pipes, glass, tools, buckets, tanks, snow plow, winch, or any other appendages and vehicles licensed as a cab or limousine shall be parked in an attached garage when at the site of the home based business. Vehicles utilized in connection with a home business shall not be permitted to be parked on the public or private streets for more than four (4) hours in a 24-hour period. I. A home based business shall not create business related pedestrian, automobile, or truck traffic in excess of ten (10) trips per dwelling per day. One (1) trip shall be measured as any business related activity requiring pedestrian, automobile or truck to enter or leave on which the dwelling is located. J. No retail or wholesale sales activity shall be conducted on the premises other than by telephone, mail, Internet or other electronic medium. K. Parking is limited to four (4) spaces for an employee, visitors and invitees of the home based business. No vehicles utilized in connection with the home based business and no employee or customer vehicles may be parked on public or private streets. L. Deliveries for a home based business shall be limited to straight axle vehicles and shall be limited to two (2) delivery or pick-up trips per day and during the hours of 7:00 a.m. to 7:00 p.m. M. Hours of operation for customers of a home business shall be limited to the hours between 7:00 a.m. and 7:00 p.m. N. A home based business may display one (1) exterior sign not to exceed one (1) square feet for the dwelling and two (2) signs for each vehicle associated with the home based business, each sign not to exceed one (1) square feet. Section 11.70 Sign Regulations (unchanged) Subd. 1. Purpose and Intent. The purpose of this section is to regulate the number, location, height, size, type, illumination, and other physical characteristics of signs within the City to protect and promote the general welfare, health, safety, and order within the City through the establishment of a comprehensive and impartial series of standards, regulations and procedures governing the erection, use and/or display of devices, signs or symbols serving as visual communicative media to persons situated within or upon public right-of-way or private properties. The provisions of this section are intended to encourage creativity, provide a reasonable degree of freedom of choice, provide an opportunity for effective communication, manage and mitigate the aesthetic impact of signage, protect pedestrians and motorists from damage or injury caused by distractions, obstructions, and hazards created by signs, and encourage a sense of concern for visual amenities on the part of those designing, displaying, or otherwise utilizing needed communicative media of the types regulated by this section; while at the same time assuring that the public is not endangered, annoyed, or distracted by the unsafe, disorderly, indiscriminate or unnecessary use of such communicative facilities. Subd. 2. Message Substitution. The owner of any sign that is otherwise allowed under this section may substitute non-commercial speech in lieu of any other commercial or non-commercial speech. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non- commercial speech, or favoring of any particular non-commercial message over any other non- commercial message. This provision prevails over any more specific provision to the contrary. This provision does not create a right to increase the total amount of signage on a parcel or allow the substitution of an off-premises commercial message in place of an on-premises commercial message. Subd. 3. Definitions. The following terms, as used in this section, shall have the meanings stated: Awning Sign means a sign that is integrated into a roof like structure projecting over a window, doorway, deck, patio, or storefront. (Source: Ordinance No. 21-2022 , 10-27-2022) Banners and Pennants means attention-getting devices which resemble flags. Canopy and Marquee means a roof-like structure projecting over the entrance to a building. Commercial Speech means speech or graphics advertising a business, profession, commodity, service, or entertainment. City Entry Monument Sign means a monument sign, including associated decorative elements, erected by the City to denote entrances into the City. Drive-Thru Lane Sign means any sign located along a drive-thru lane. Dynamic Display means a sign or characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays. Flag means any fabric or similar lightweight material that is attached at one end of the material, usually to a staff or pole, so as to allow movement of the material by atmospheric changes and that contains distinctive colors, patterns, symbols, insignias, or other symbolic devices. Free-Standing Sign means a pylon or monument sign which is placed in the ground and not affixed to any part of any structure. Height means the distance between the uppermost portion of the sign and the average natural grade of the ground immediately below the sign. Illuminated Sign means any sign which is illuminated by an artificial light source. Incidental Sign means an onsite, freestanding sign that is supplemental to the principal use of the site and is orientated for viewing by vehicular and pedestrians onsite. (Source: Ordinance No. 21-2022 , 10-27-2022) Multi-tenant means structures containing two (2) or more businesses, uses, or occupants. Non-Commercial Speech means dissemination of messages not classified as commercial speech which include, but are not limited to, messages concerning political, religious, social, ideological, public service, and informational topics. Non-Conforming Sign means a sign which lawfully existed immediately prior to the adoption or amendment of this section, but does not conform to the newly enacted requirements of this section. Off-Premises Sign means a commercial sign identifying or advertising an establishment, person, activity, goods, products, or services offered at a location not on the same lot where such sign is located. For purposes of this definition, easements and other appurtenances will be considered to be outside such lot and any sign located or proposed to be located on an easement or other appurtenance will be considered an off-premises sign. On-Premises Sign means a commercial sign identifying or advertising an establishment, person, activity, goods, products, or services located on the premises where the sign is installed. Owner means, in the case of a lot or parcel, the legal or equitable owner of the lot or parcel as officially recorded with the county, and including fee owners, contract for deed purchasers, and ground lessees. The term "owner" means, in the case of a sign, the owner of the sign, including a lessee. Parapet Wall means an architecturally, structurally, and aesthetically integral wall extending above the roof level, continuously around the perimeter of the building which has the primary purpose of screening mechanical equipment. Permanent Sign means any sign which is not a temporary sign. Portable Sign means a sign designed to be movable from one (1) location to another which is not permanently attached to the ground or any structure. Projecting Sign means any sign attached to a building, all or part of which extends more than twelve (12) inches over public property, easements, or private pedestrian space, or which extends more than twelve (12) inches beyond the surface of the portion of the building to which it is attached or beyond the building line. Roof Sign means any sign erected upon or projecting above the roof of a structure to which it is affixed except signs erected below the top (the cap) of a parapet wall. Sandwich Board Sign means a self-supporting, A-shaped, freestanding temporary sign with two (2) visible sides that is situated adjacent to a business, typically on a sidewalk. (Source: Ordinance No. 21-2022 , 10-27-2022) Shielded Light Source means a light source for which all light elements will be diffused or directed to eliminate glare and housed to prevent damage or danger. Sign means any letter, word, symbol, device, poster, picture, reading matter, or representation in the nature of advertisement, announcement, message, or visual communication, whether painted, posted, printed, affixed, or constructed, including all associated brackets, braces, supports, wires, and structures that is displayed for informational or communicative purposes. Sign Area means that area that is included in the smallest rectangle which can be made to circumscribe the sign. The maximum sign area for a free-standing sign refers to a single face and does not include vertical structural members below the sign face or the sign base. Sign Base means any supportive structure below or surrounding the sign area that is located on the ground. Street Frontage means the portion of a lot or parcel of land abutting one (1) or more streets. For purposes of this definition, an interior lot has one (1) street frontage, and a corner lot has two (2) street frontages. Temporary Sign means a sign that is erected or displayed for a limited period of time. Traffic Sign means a sign that is erected by a governmental unit for the purpose of regulating, directing, or guiding traffic. Wall Area means the area of a wall of a building and is computed by multiplying the distance from the floor to the roof times the visible continuous width including windows and doors of the space occupied by the sign owner. Wall Sign means any sign that is affixed flat to a wall of any building. Window Sign means any sign designed to communicate information about an activity, business, commodity, event, sale, or service that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window. Yard Sign means any sign that is made of lightweight materials, such as cardboard, vinyl, or plastic pressboard, which are supported by a frame, pole or other structure and placed directly in the ground. Subd. 4. General Provisions Applicable to All Districts. A. No sign may be constructed or installed within the City except as permitted by and in compliance with the provisions of this section and with other applicable zoning or building provisions of this Code. B. Prohibitions. The following are prohibited in all districts, unless otherwise expressly permitted by this section: 1. Off-premises signs, except temporary off-premises signs as permitted by subsections G and H of this subdivision 4. 2. Roof signs. 3. Inflated devices, banners, pennants, and whirling devices. 4. Portable signs 5. Projecting signs. C. All signs must be constructed, installed, and maintained in a safe and non-deteriorating manner. Cracked, broken, or bent glass, plastic, wood or metal and burnt-out light bulbs and peeling, faded, or cracked paint must be immediately repaired, replaced, or removed. D. No sign may be permanently or temporarily placed on or within any public right-of-way or other public property, except traffic signs, other signs pertaining to traffic control or safety, and city entry monument signs. E. Notwithstanding any other provisions of this section, all non-commercial signs of any size may be posted forty-six (46) days before the state primary in a state general election year until ten (10) days following the state general election in any general election year and thirteen (13) weeks prior to any special election until ten (10) days following the special election. (Source: Ordinance No. 21-2022 , 10-27-2022) F. One (1) temporary, on-premises, free-standing sign may be installed upon any construction site in any district, provided such sign does not exceed thirty-two (32) square feet in area and ten (10) feet in height. Such signs must be removed upon completion of construction, or the occupancy of the building being constructed, whichever occurs first. G. Temporary Signs. 1. For the purposes of this Subdivision 4.G. "project" is defined as land a. Encompassed within a plat or a Registered Land Survey approved by the Council within which two (2) or more dwellings are permitted in accordance with City Code; or b. For which approval has been given by the Council of a Site Plan and Architectural Design pursuant to Section 11.03, Subdivision 6 within which two (2) or more dwellings are permitted in accordance with such approval. For purposes of this subdivision 4.G, no further or subsequent subdivision, platting, replatting, Registered Land Survey, or Site Plan and Architectural Design approval or filing relating to land encompassed within a project will operate to create an additional project or projects within that land or any part thereof. 2. Temporary on-premises free-standing signs may be erected within a project, provided: a. A sign may not exceed thirty-two (32) square feet in area. b. Not more than one (1) sign for a project may be erected. c. All signs must be removed upon the earlier of eighty percent (80%) completion of construction, sale or lease of the dwellings within the project, or two (2) years from issuance of the first permit for the construction of a dwelling or dwellings within the project. 3. Temporary off-premises signs may be erected in accordance with the following limitations: a. Not more than the following number of signs may be erected for projects containing the following number of acres or dwelling units, whichever is greater: Number of Acres or Dwellings in a Project (whichever is greater) Number of Signs 2—10 6 11 or more 12 b. Signs may be erected for no more than sixty (60) days per calendar year. All signs must be removed upon the earlier of eighty percent (80%) completion of construction, sale or lease of the dwellings within the project, or two (2) years from issuance of the first permit for the construction of a dwelling or dwellings within the project. c. Signs may not exceed six (6) square feet in size nor extend higher than four (4) feet above the ground. d. Signs may be placed on land only with the land owner's permission. Signs may not be placed within or on a public right-of-way, sidewalk or trail, and must not interfere with traffic visibility. e. Only one (1) sign per project may be installed upon a lot or parcel of record. f. Each sign must include the name and telephone number of the owner of the sign. g. Signs may not be placed more than two (2) miles from the project. H. Temporary Single Property Signs. 1. For purposes of this subdivision 4.H, a "single property" is defined as: (a) a single lot or parcel of record with or without one (1) or more buildings erected thereon; or (b) an individual condominium unit. A lot or parcel of record within a project as defined in Subdivision 4.H does not constitute a single property with respect to the first sale of each building or condominium unit situated on the lot or parcel of record, but will be deemed a single property with respect to sales, after the first sale of each such building or condominium unit thereon. 2. Temporary, on-premises, free-standing signs may be erected on a single property, in accordance with the following limitations: a. A sign may not exceed: (1) Six (6) square feet for a single property that meets at least one of the following criteria: (A) on which is situated a dwelling; (B) which is vacant and located within the One-Family Residential or the Rural District; or (C) on which a structure or structures situated thereon are ninety percent (90%) or more, but less than one hundred percent (100%), occupied (as measured by floor area). (2) Thirty-two (32) square feet for a single property (other than a single property described in (1)): (A) on which a structure or structures situated thereon are less than ninety percent (90%) occupied (as measured by floor area); or (B) is vacant. b. Not more than one (1) sign for a single property may be erected. c. A sign must be removed within seven (7) days following the lease or sale of the single property. 3. Temporary off-premises signs may be erected in accordance with the following limitations: a. No more than two (2) off-premises signs may be erected for a single property. b. Signs may be erected for a period not to exceed 4 days c. Signs may not exceed six (6) square feet in size and may not be higher than four (4) feet above the ground. d. Signs may be placed on land only with the owner's permission. Signs may not be placed within a public right-of-way, sidewalk or trail, and must not interfere with traffic visibility. e. Only one (1) sign for a single property may be installed upon any lot or parcel of record. f. Each sign must include the name and telephone number of the owner of the sign. g. Signs may not be placed more than two (2) miles from the single property. h. A sign must be removed within seven (7) days following the lease or sale of the single property. 4. Where temporary outdoor sales events are permitted by Section 11.03, one (1) temporary on- premises sign not to exceed thirty-two (32) square feet in area and six (6) feet in height may be located on the same parcel as the temporary outdoor sales event area for the duration of the event. The sign may not appear before the set-up of the temporary outdoor sales event and must be removed concurrently with the take down of the temporary outdoor sales event. (Source: Ordinance No. 19-2022 , 10-13-2022) I. Flags may be displayed in any district. Flags may be up to one hundred (100) square feet in size, which will be in addition to the permitted sign area otherwise allowed for the district. Flag pole height must comply with height regulations contained in Section 11.03, Subdivision 3.F. J. Canopies, marquees and parapet walls are considered to be an integral part of the structure to which they are accessory. Signs may be attached to a canopy, marquee, or parapet wall, but such structures will not be considered as part of the wall area, and thus will not warrant additional sign area. K. Signs that are located on the interior of a building and are not visible from outside of the building are exempt from the provisions of this section, and are not subject to any permitting or fee requirements. L. No sign may be attached to any tree, vegetation, or utility pole. M. Sign Removal. When any sign or any portion of a sign is removed by the sign owner or property owner, or by the City at the direction of the City Manager or their designee, all structural and electrical elements, members, including all brackets, braces, supports, wires, etc. necessary for the sign or the portion of the sign being removed must also be removed. The owner of the property and the owner of the sign will be jointly and severally responsible for sign removal, including the costs of removal if removed by the City. N. The sign base may not exceed one-half (½) the maximum sign size permitted in the zoning district. O. No more than thirty-two (32) square feet of signage per drive-thru lane is permitted. No single sign may exceed eight (8) feet in height. Such signage is permitted in addition to the district's permitted sign area. P. Where temporary outdoor display areas are permitted by Section 11.03, one (1) temporary on- premises sign not to exceed thirty-two (32) square feet in area and six (6) feet in height may be located on the same site as the temporary outdoor display area for sixty (60) days or less. The sign may not appear before the commencement of the temporary outdoor display area and must be removed concurrently with the temporary outdoor display area. Q. Illuminated signs must be shielded with a translucent material of sufficient opacity to prevent the visibility of the light source. Indirect light sources must be equipped with a housing and directional vanes. The lights must not be permitted to interfere with traffic signalization. R. A permit for a sign to be located within fifty (50) feet of any public right-of-way or highway regulatory or warning sign, traffic sign or signal, or crossroad or crosswalk, will be issued only if the City determines, in its sole discretion, that: 1. The sign will not interfere with the ability of drivers and pedestrians to see the public right-of- way, traffic sign or signal, or crossroad or crosswalk; 2. The sign will not distract drivers or result in confusion as to the meaning of any public right- of-way or highway sign, or any traffic sign or signal; and 3. The sign will not obstruct clear visibility for traffic and pedestrian movement. S. Incidental signs may be no larger than six (6) square feet with a sign base of no more than three (3) square feet. The maximum height for an incidental sign is six (6) feet. T. Where permitted by Subdivision 5, no more than one (1) sandwich board sign is permitted per lot or parcel of record unless the lot or parcel contains multiple tenants, in which case one (1) sandwich board sign per tenant is permitted. A sandwich board sign may not be located within any required setbacks, vehicular travel lanes, or within a parking stall and must not obstruct any pedestrian pathways. Sandwich board signs may only be displayed during the operating hours of the user or tenant displaying the sign. U. Signs that identify the address of a building are required by the State Building Code and State Fire Code and are permitted in all districts. Any address-identification sign less than six (6) square feet will not count toward a building's maximum square foot allowance for wall signs. (Source: Ordinance No. 21-2022 , 10-27-2022) Subd. 5. District Regulations. In addition to those signs permitted in all districts, the following signs are permitted in each specific district subject to the following conditions and restrictions. A. Residential Districts: R, R-1, RM. 1. Wall Signs. For the R, R-1 and RM-6.5 zoning districts, one (1) wall sign per building not greater than six (6) square feet in area. For the RM-2.5 zoning district, the total wall signage permitted is twenty-five (25) square feet per street frontage. 2. Free-Standing Signs and Yard Signs. a. One (1) free-standing sign per development, per street entrance not greater than thirty-two (32) square feet in area and not greater than six (6) feet in height. b. Each lot or parcel of record may have one or more yard signs, provided that (i) the total area of all yard signs on the lot or parcel of record may not exceed six (6) square feet, and (ii) no single sign may exceed six (6) square feet in area and three (3) feet in height. c. Sign Setback. Signs must not be placed closer than ten (10) feet from any public right-of-way line. d. Sign Base. The sign base of a free-standing sign may not exceed one-half (½) the maximum permitted sign area. e. The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign. f. Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings. 3. Temporary signs are permitted only as provided in Subdivision 4. 4. Incidental signs are permitted in the RM district as provided in Subdivision 4. Incidental signs are not permitted in the R or R-1 districts. B. Commercial Districts: N- Com, C-Com, C-Hwy, C-Reg-Ser, C-Reg, and MU. 1. Free-standing Signs. a. A lot or parcel of record having one (1) street frontage may have one (1) free- standing sign not to exceed eighty (80) square feet. b. Where a lot or parcel of record has two (2) or more street frontages, one (1) free- standing sign not to exceed eighty (80) square feet is permitted along one (1) frontage. Additional frontages are permitted a free-standing sign not to exceed thirty- six (36) square feet. Each allowed sign must be located on the street frontage generating the allowance. No free-standing sign may be closer than three hundred (300) feet to any other free-standing sign upon a lot or parcel of record, as measured from the edge of a sign face via a straight line. Drive-thru lane signs are exempt from this distance requirement. c. Setback. No sign may be placed closer than twenty (20) feet from any public right-of- way line. Where parking is permitted within the required front yard setback, no sign may be placed closer than fifteen (15) feet from any public right-of-way line. d. Height. Free-standing signs may not exceed twenty (20) feet in height. e. Sign Base. The sign base may not exceed one-half (½) the maximum permitted sign area. f. The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign. g. Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings. 2. Wall Signs. a. The total area of a wall sign on any wall of a single-tenant building may not exceed fifteen percent (15%) of the wall area when the wall area does not exceed five hundred (500) square feet. When the wall area exceeds five hundred (500) square feet, then the total area of such wall sign may not exceed seventy-five (75) square feet plus five percent (5%) of the wall area in excess of five hundred (500) square feet. In no event may the maximum sign area for any wall sign exceed three hundred (300) square feet. b. Wall area will be computed individually for each tenant in a multi-tenant building based on the exterior wall area of the space that tenant occupies. The total area of a tenant wall sign on its wall of a multi-tenant building may not exceed fifteen percent (15%) of the wall area of that wall when the wall area does not exceed five hundred (500) square feet. When the wall area exceeds five hundred (500) square feet, then the total area of the wall sign may not exceed seventy-five (75) square feet plus five percent (5%) of the wall area in excess of five hundred (500) square feet. In no event may the maximum sign area for any individual wall sign in a multi-tenant building exceed three hundred (300) square feet. 3. Sign Design. Signs for a multi-tenant building must be located on the building in a uniform manner or within an architectural sign band area. 4. Temporary signs are permitted only as provided in Subdivision 4. 5. Incidental signs are permitted as provided in Subdivision 4. 6. Sandwich board signs are permitted as provided in Subdivision 4. C. Office District. 1. Free-standing Signs. a. A lot or parcel of record having one (1) street frontage may have one (1) free- standing sign not to exceed eighty (80) square feet. b. Where a lot or parcel of record has two (2) or more frontages, one (1) free-standing sign not to exceed eighty (80) square foot sign is permitted on one frontage, and the additional frontages are each permitted a free-standing sign not to exceed thirty-six (36) square feet. Each allowed sign must be located on the street frontage generating the allowance. c. Setback. No sign may be placed closer than ten (10) feet from any public right-of- way line. d. Height. Free-standing signs may not exceed eight (8) feet in height. e. Sign Base. The sign base may not exceed one-half (½) the maximum permitted sign area. f. The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign. g. Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings. 2. Wall Signs. a. For façades with street frontage, the total area of wall signage may not exceed fifty (50) square feet when the surface area of the wall does not exceed two thousand five hundred (2,500) square feet. When the surface area exceeds two thousand five hundred (2,500) square feet, the total area of wall signage may not exceed two percent (2%) of the total surface area, not to exceed a maximum sign area of one hundred fifty (150) square feet. b. For multi-tenant buildings, one (1) wall sign per leasable space attached to the exterior wall of the building at the ground floor not to exceed thirty (30) square feet is permitted in addition to the signage allowed in item 2.a above. c. Square foot allowances for wall signs may be divided between multiple signs so long as the total square footage per façade does not exceed the maximum allowed in this item 2. 3. Temporary signs are only permitted as provided in Subdivision 4. 4. Incidental signs are permitted as provided in Subdivision 4. 5. Sandwich board signs are permitted as provided in Subdivision 4. D. Industrial District: I-2, I-5, and I-GEN. 1. Free-standing Signs. a. A lot or parcel of record having one (1) street frontage may have one (1) free-standing sign not to exceed eighty (80) square feet. b. Where a building site has two (2) or more street frontages, one (1) free-standing sign not to exceed eighty (80) square feet is permitted on one frontage, and the additional frontages are each permitted a free-standing sign not to exceed fifty (50) square feet. Each allowed sign must be located on the street frontage generating the allowance. c. Setback. No sign may be placed closer than ten (10) feet from any public right-of-way line. d. Height. No free-standing sign may exceed eight (8) feet in height. e. Sign Base. The sign base may not exceed one-half (½) the maximum permitted sign area. f. The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign. g. Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings. 2. Wall Signs. a. One (1) wall sign per street frontage not to exceed eighty (80) square feet is permitted. b. One (1) wall sign per leasable space attached to the exterior wall of the building at the ground floor is permitted, not to exceed ten percent (10%) of the wall area that tenant occupies of the wall to which it is affixed, or a maximum of fifty (50) square feet. 3. Temporary Signs are only permitted as provided in Subdivision 4. 4. Sign Design. All signs shall be uniform in design, color, and placement. 5. Incidental signs are permitted as provided in Subdivision 4. 6. Sandwich board signs are permitted as provided in Subdivision 4. E. Planned Unit Development (PUD). A Planned Unit Development must comply with the sign requirements of the underlying zoning district unless a waiver from those requirements is granted as part of the PUD approval process or through a PUD amendment under Section 11.40, or a variance is granted as provided by subdivision 8.E of this section. F. Public District and Parks/Open Space District. 1. Free-standing Signs. a. A lot or parcel of record having one (1) street frontage may have one (1) free-standing sign not to exceed eighty (80) square feet. b. Where a lot or parcel of record has two (2) or more street frontages, one (1) free-standing sign not to exceed eighty (80) square feet is permitted on any one frontage, and the additional frontages are each permitted one (1) free-standing sign not to exceed thirty-six (36) square feet. Each allowed sign must be located on the street frontage generating the allowance. c. Setback. No sign may be placed closer than ten (10) feet from any public right-of-way. d. Height. Free-standing signs may not exceed eight (8) feet in height. e. Sign Base. The sign base may not exceed one-half (½) the maximum permitted sign area. f. The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign. g. Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings. h. The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign. i. Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings. 2. Wall Signs. a. One (1) wall sign per street frontage not to exceed fifty (50) square feet is permitted. b. One (1) wall sign per accessory building attached to the exterior wall of the accessory building at the ground floor not to exceed thirty (30) square feet is permitted. c. Signs must be uniform in design. 3. Temporary Signs. Temporary on-premises signs are permitted for a period not to exceed ten (10) days. Such signs may not be higher than eight (8) feet and not larger than thirty-two (32) square feet. 4. Incidental signs are permitted as provided in Subdivision 4. 5. Sandwich board signs are permitted as provided in Subdivision 4. G. Golf Course District. 1. Free-standing Signs. a. One (1) free-standing sign per street frontage not to exceed fifty (50) square feet is permitted. b. Setback. No sign may be placed closer than ten (10) feet from any public right-of-way line. c. Height. A free-standing sign may not exceed eight (8) feet in height. d. Sign Base. The sign base may not exceed one-half (½) the maximum permitted sign area. e. The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign. f. Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings. 2. Wall Signs. One wall sign per building not to exceed twenty-four (24) square feet is permitted. Where a building is located on a corner lot, one (1) sign may be located on each wall facing a street provided one (1) wall sign does not exceed twenty-four (24) square feet and the other wall sign does not exceed eighteen (18) square feet. All walls signs must be uniform in design. 3. Temporary On-Premises Signs. Temporary on-premises signs are permitted for a period not to exceed ten (10) days. Such signs may not be higher than eight (8) feet and not larger than thirty-two (32) square feet. 4. Incidental signs are permitted as provided in Subdivision 4. 5. Sandwich board signs are permitted as provided in Subdivision 4. H. Airport. 1. Wall Signs. a. Wall signs are only permitted on buildings operated by persons, organizations, or businesses that are commercially licensed by the Metropolitan Airports Commission. b. Walls Not Facing Runway. The total area of all wall signs on any wall not facing a runway may not exceed fifteen (15%) of the wall area when the wall area does not exceed five hundred (500) square feet. When the wall areas exceeds five hundred (500) square feet, the total area of a wall sign may not exceed seventy-five (75) square feet, plus five percent (5%) of the wall area in excess of five hundred (500) square feet, provided that the maximum sign area for any wall sign is three hundred (300) square feet. Wall area will be computed individually for each tenant in a multi-tenant building based on the exterior wall area of the space the tenant occupies. c. Walls facing runway. The total area of all wall signs for walls facing a runway may not exceed thirty percent (30%) of the wall area. The maximum total wall sign area may not exceed four hundred (400) square feet. Wall area will be computed individually for each tenant in a multi-tenant building based on the exterior wall area of the space the tenant occupies. 2. Free-standing Signs. a. Building sites operated by persons, organizations, or businesses that are commercially licensed by the Metropolitan Airports Commission are permitted two (2) free-standing signs , provided one (1) of the signs is on the side of the building facing the runway. The total area of each sign may not exceed eighty (80) square feet. The maximum height of free-standing signs may not exceed twenty (20) feet. b. Property operated by the Metropolitan Airports Commission is permitted one (1) free- standing sign per street frontage not to exceed eighty (80) square feet in total area and twenty (20) feet in height. c. The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign. d. Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings. 3. Gate Signs: Only the Metropolitan Airports Commission may erect such signs. One (1) sign at each gate is allowed not to exceed thirty-two (32) square feet in total area and ten (10) feet in height. 4. Incidental signs are permitted as provided in Subdivision 4. 5. Sandwich board signs are permitted as provided in Subdivision 4. I. Town Center and TOD Districts: TOD-E, TOD-MU, TOD-R, TC-C, TC-R, and TC-MU. 1. Free-standing Signs. a. For TOD-E, TOD-MU, TC-C and TC-MU, a lot or parcel of record having one (1) street frontage may have one (1) free-standing sign not to exceed eighty (80) square feet. b. For TOD-E, TOD-MU, TC-C and TC-MU, where a lot or parcel of record has two (2) or more street frontages, one (1) free-standing sign not to exceed eighty (80) square feet is permitted along one (1) frontage. Additional frontages are permitted a free-standing sign not to exceed thirty-six (36) square feet. Each allowed sign must be located on the street frontage generating the allowance. No free-standing sign may be closer than three hundred (300) feet to any other free-standing sign upon a lot or parcel of record, as measured from the edge of a sign face via a straight line. Drive-thru lane signs are exempt from this distance requirement. c. For the TOD-R and TC-R districts, one (1) sign not to exceed thirty-two (32) square feet is permitted per street entrance. No free-standing sign may be closer than three hundred (300) feet to any other free-standing sign upon a lot or parcel of record, as measured from the edge of a sign face via a straight line. d. Setback. Signs need not be setback from the property line, so long as there is no conflict with public utilities or traffic sight lines as determined by the City Engineer. e. Height. Maximum height may not exceed twenty (20) feet when located along arterial roadways. The location of the sign must be on the side of parcel abutting the arterial roadway. When located along collector, local, or private roadways, maximum height may not exceed eight (8) feet. f. Sign Base. The sign base may not exceed one-half (½) the maximum permitted sign area. g. The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign. h. Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings. 2. Wall Signs. a. The total area of a wall sign on any wall of a single-tenant building may not exceed fifteen percent (15%) of the wall area when the wall area does not exceed five hundred (500) square feet. When the wall area exceeds five hundred (500) square feet, a wall sign may not exceed seventy-five (75) square feet plus five percent (5%) of the wall area in excess of five hundred (500) square feet. In no event may the maximum sign area for any wall sign exceed three hundred (300) square feet. b. Wall area will be computed individually for each tenant in a multi-tenant building based on the exterior wall area of the space that tenant occupies. The total area of a tenant wall sign on its wall of a multi-tenant building may not exceed fifteen percent (15%) of the wall area of that wall when the wall area does not exceed five hundred (500) square feet. When the wall area exceeds five hundred (500) square feet, the wall sign may not exceed seventy-five (75) square feet plus five percent (5%) of the wall area in excess of five hundred (500) square feet. In no event may the maximum sign area for any individual tenant wall sign in a multi-tenant building exceed three hundred (300) square feet. c. In the TOD-R and TC-R districts and for residential portions of mixed-use buildings, twenty-five (25) square feet of wall signage located at the ground floor of the building is permitted per street frontage. In addition to the signage allowed at the ground floor, residential portions of buildings, either single or mixed-use, are allowed one (1) wall sign above the ground floor. Signs located above the ground floor are allowed ten (10) square feet of sign area per story of the building, up to fifty (50) square feet. The size of the sign must correlate to the sign's location on the building, not the overall height of the building, as outlined in the following table. The ground floor sign allowance may not be added to upper story sign allowance to create one (1) or more signs larger than fifty (50) square feet. Sign Location on Building Exterior Upper Story Maximum Sign Area 1st story 25 sq. ft. 2nd story 25 sq. ft. 3rd story 30 sq. ft. 4th story 40 sq. ft. 5th story or higher 50 sq. ft. d. Wall signs for a multi-tenant building must be located on the building in a uniform manner or within an architectural sign band area. 3. Projecting signs are permitted in all TOD and TC zoning districts. Projecting signs will be counted as part of the total allowable wall signage but the area of the projecting sign will not be counted as part of the total wall area. A projecting sign may not exceed ten (10) square feet. The distance between sign faces must be no more than twenty (20) degrees or twelve (12) inches. Projecting signs are limited to a projection distance of not more than four (4) feet from the building façade onto which it is attached. A projecting sign may not project into the public right-of-way nearer than two and one-half (2.5) feet to the street curb or curb line. Signs may not project onto private property without an encroachment agreement that has been approved by the City and recorded with the County. 4. Awning signs are permitted in all TOD and TC zoning districts. An awning sign is permitted only as an integral part of the awning to which it is attached or applied and must be parallel to the building. Awning signs will be counted as part of the total allowable wall signage for the building but the awning area will not be counted as part of the total wall area. Signs on awnings are permitted on both the awning flap (valance) and awning face (shed). Awning signs extending over a public sidewalk are limited to a projection distance of not more than four (4) feet from the building façade onto which it is attached. An awning may not project into the public right-of-way nearer than two and one-half (2.5) feet to the street curb or curb line. Awning signs may not extend onto private property without an encroachment agreement that has been approved by the City and recorded with the County. 5. Temporary signs are permitted only as provided in Subdivision 4. 6. Parking Structures. Parking structures are allowed twenty (20) square feet of wall signage per entrance to the structure. Signs must be located near the entrance to the parking structure. 7. Incidental signs are permitted as provided in Subdivision 4. 8. Sandwich board signs are permitted as provided in Subdivision 4. J. Flex Service District: FS 1. Free-Standing Signs a. A lot or parcel of record having one (1) street frontage may have one (1) free-standing sign not to exceed eighty (80) square feet. b. Where a building site has two (2) or more street frontages, one (1) free-standing sign not to exceed eighty (80) square feet is permitted on one frontage, and the additional frontages are each permitted a free-standing sign not to exceed fifty (50) square feet. Each allowed sign must be located on the street frontage generating the allowance. c. Setback. No sign may be placed closer than ten (10) feet from any public right-of-way line. d. Height. No free-standing sign may exceed eight (8) feet in height. e. Sign Base. The sign base may not exceed one-half (½) the maximum permitted sign area. f. The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign. g. Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings. 2. Wall Signs a. For façades with street frontage, the total wall signage may not exceed eighty (80) square feet. b. For multi-tenant buildings, one (1) wall sign per leasable space attached to the exterior wall of the building at the ground floor is permitted, not to exceed fifteen percent (15%) of the wall area that tenant occupies of the wall to which it is affixed, up to a maximum of fifty (50) square feet. c. Temporary Signs are only permitted as provided in Subdivision 4. d. Sign Design. All signs shall be uniform in design, color, and placement. e. Incidental signs are permitted as provided in Subdivision 4. f. Sandwich board signs are permitted as provided in Subdivision 4. Subd. 6. Dynamic Displays. A. Findings. Studies show that there is a correlation between dynamic displays on signs and the distraction of highway drivers. Distraction can lead to traffic accidents. Drivers can be distracted not only by a changing message, but also by knowing that the sign has a changing message. Drivers may watch a sign waiting for the next change to occur. Additionally, drivers are more distracted by special effects used to change the message, such as fade-ins and fade-outs. Time and temperature signs appear to be an exception to these concerns because the messages are short, easily absorbed, and become inaccurate without frequent changes. Despite these public safety concerns, there is merit to allowing new technologies to easily update messages. Except as prohibited by state or federal law, sign owners should have the opportunity to use these technologies with certain restrictions. The restrictions are intended to minimize potential driver distraction and to minimize proliferation in residential districts where signs can adversely impact residential character. The City finds that dynamic displays should be allowed on signs but with significant controls to minimize their proliferation and their potential threats to public safety. B. Permitted Sign Type and Locations. Dynamic displays are permitted solely as free-standing signs and only in the Commercial Regional (C-Reg), Commercial Regional Service (C-Reg-Ser), Community Commercial (C-Com), Neighborhood Commercial (N-Com) Office (OFC), Town Center (TC-C), Public (Pu), Parks and Open Space (P), Industrial (I, I-2, I-5 and I-Gen), TOD-MU (if the project includes commercial uses) and TOD-E (if the project includes industrial uses) zoning districts. C. Duration of Image. A dynamic display's image, or any portion thereof, may not change more often than once every 20 minutes, except when changes are necessary to correct hour-and-minute, date, or temperature information. A display of time, date, or temperature must remain for at least twenty (20) minutes before changing to a different display, but the time, date, or temperature information itself may change no more often than once every three (3) seconds. D. Transition. If a dynamic display's image or any portion thereof changes, the change sequence must be instantaneous without any special effects. E. Prohibition on Video Display. No portion of a dynamic display may change any part of its sign face by a method of display characterized by motion or pictorial imagery, or depict action or a special effect to imitate movement, or display pictorials or graphics in a progression of frames that gives the illusion of motion of any kind. F. Prohibition on Fluctuating or Flashing Illumination. No portion of a dynamic display image may fluctuate in light intensity or use intermittent, strobe or moving light, or light that changes in intensity in sudden transitory bursts, streams, zooms, twinkles, sparkles or in any other manner that creates the illusion of movement. G. Audio. Dynamic displays may not be equipped with audio speakers. H. Malfunctions. Dynamic displays must be designed and equipped to freeze the sign face in one (1) position if a malfunction occurs. Dynamic displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner or operator must immediately turn off the display upon malfunction or when notified by the City that it is not complying with the standards of this ordinance. I. Brightness. All dynamic displays must meet the following brightness standards: 1. No dynamic display may exceed a maximum illumination of five thousand (5,000) nits (candelas per square meter) during daylight hours and a maximum illumination of five hundred (500) nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. 2. All dynamic displays having illumination by means other than natural light must be equipped with a dimmer control or other mechanism that automatically controls the sign's brightness to comply with the requirements of this section. 3. No dynamic display may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device, or signal. 4. The owner or controller of the dynamic display must adjust the sign to meet these brightness standards in accordance with the City's instructions. The adjustment must be made immediately upon notice of non-compliance from the City. 5. The owner or controller must provide to the City a written certification from the sign manufacturer that light intensity has been preset to conform to the brightness levels established by this section and that the preset level is protected from end user manipulation by password protected software or other method. This would offer the advantage of ensuring that electronic signs at a minimum cannot exceed the standards. J. Dynamic displays are allowed only on free standing signs in the permitted districts. Dynamic displays may occupy no more than thirty-five percent (35%) percent of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic displays even if not used. Only one (1), contiguous dynamic display area is allowed on a sign face. Subd. 7. Administration and Enforcement. A. Permits. Except as provided in subparagraph B below, the owner or occupant of the premises on which a sign is to be displayed, or the owner or installer of such sign, must file an application with the City for permission to display the sign. Permits are required for all existing, new, relocated, modified, or redesigned signs. The applicant must complete the application form provided by the City and submit with the application a complete description of the sign and a sketch showing its size, location, manner of construction, and such other information as is necessary to inform the City of the proposed kind, size, material, construction, and location of the sign. The applicant must also submit at the time of application the then-current application fee set by Council ordinance or resolution. The City Manager or their designee will approve or deny the sign permit no more than thirty (30) days from the receipt of the complete application and the applicable fee. If a sign authorized by permit has not been installed within three (3) months after the date of issuance of the permit, the City Manager may, at their sole discretion, revoke the permit. B. Exemptions. The exemptions permitted by this subparagraph apply only to the requirement of a permit, and may not be construed as excusing the installer of the sign, or the owner of the property upon which the sign is located, from conforming with the other provisions of this section. No permit is required under this subdivision for the following signs: 1. A window sign placed within a building and not exceeding ten percent (10%) of the window area. 2. Signs erected by a governmental unit or public school district. 3. Temporary signs. 4. Signs or tablets when cut or built into the walls of a building and constructed of bronze, stone, or marble. 5. Incidental signs. 6. Flags. 7. Yard signs. 8. Sandwich board signs. (Source: Ordinance No. 21-2022 , 10-27-2022) Subd.8. Violations and Enforcement. A. It is unlawful for any person to violate the provisions of this section. B. If the City finds that: 1. any sign regulated by this section is prohibited as to size, location, type, number, height, or method of construction, or is unsafe, insecure, or a menace to the public; 2. any sign for which a permit is required has been constructed or erected without a permit having been granted to the installer of the sign or to the owner of the property upon which the sign has been erected; or 3. any sign is improperly maintained or is in violation of any other provisions of this section; the City will give written notice of such violation to the owner of the property and/or the permit holder, as applicable. If the owner or permit holder fails to remove or alter the sign so as to comply with this section within three (3) days following receipt of the notice, the sign will be deemed to be a nuisance and may be abated by the City by proceedings taken under Minnesota Statutes Chapter 429, and the cost of abatement, including administrative expenses and attorney's fees, may be levied as a special assessment against the property upon which the sign is located. C. Each period of three (3) days within which the sign is not removed or altered as required by the City will be deemed to constitute another violation of this section. No additional City licenses, permits, or other approvals will be granted to anyone in violation of the terms of this section, or to anyone responsible for the continuance of the violation, until such violation is either corrected or satisfactory arrangements, in the opinion of the City Manager or their designee, have been made towards the correction of the violation. The City may also withhold building permits for any construction related to a sign maintained in violation of this section. Pursuant to Minnesota Statutes Section 160.27, the City may remove and destroy signs placed within the public right-of-way with no such notice of violation required. D. Appeals. The property owner, permit applicant, or permit holder, as applicable, may appeal any order or determination made by the City pursuant to this section by filing a written appeal with the City Clerk within ten (10) days of the mailing of notice of the order or determination to the owner, applicant, or holder. A notice of appeal must be in writing and must be personally served upon the City Clerk or deputy within the time provided. Appeals will be heard by the Board of Adjustments and Appeals pursuant to Section 2.26, Subdivision 2.B. E. Variances. A property owner, permit applicant, or permit holder may request a variance from the literal terms of this section before the Board of Adjustments and Appeals by filing a form provided by the City and paying the prescribed fees to the City Clerk. Request for variances from the literal provisions of this section will be considered in accordance with City Code Sections 2.26, Subdivision 2.B, and Section 11.76. F. With respect to signs distributed or posted by a person, committee, or organization except pursuant to a lease or license with the property owner, the written notice of violation required by Subdivision 8.B. herein may be given to the person, committee, or organization who prepares, disseminates, issues, posts, installs or owns the sign, or the person, committee, or organization who causes the preparation, dissemination, issuance, posting, or installation of the sign, or the owner or occupant of the premises on which such sign is displayed. If such person, committee, organization, owner, or occupant fails to remove or alter the sign so as to comply with the provision set forth in this section within three (3) days following receipt of said notice, then such failure is deemed unlawful and such persons, committee, organization, owner, or occupant will be subject to the same liabilities and penalties as are permittees and owners under Subdivision 8.B and C. (Source: Ordinance No. 4-2022 , 2-17-2022) Ordinance No. 4-2022 , adopted Feb. 17, 2022, repealed and reenacted Section 11.70 to read as set out herein. Former Section 11-70 pertained to Sign Permits, and derived from Ord. No. 261, adopted Oct. 25, 1974; Ord. No. 78-13, adopted May 26, 1978; Ord. No. 18-82, adopted Sept. 17, 1982; Ord. No. 37-83, adopted Sept. 30, 1983; Ord. No. 72-84, adopted April 5, 1984; Ord. No. 105-84, adopted Sept. 19, 1984; Ord. No. 114-84, adopted Nov. 1, 1984; Ord. No. 9-87, adopted May 7, 1987; Ord. No. 1-90, adopted Feb. 1, 1990; Ord. No. 18-91, adopted Aug. 23, 1991; Ord. No. 31-94, adopted Sept. 16, 1994; Ord. No. 2-95, adopted Feb. 17, 1995; Ord. No. 50-94, adopted Jan. 6, 1995; Ord. adopted Dec. 21, 1999; Ord. No. 3-2000, adopted Jan. 27, 2000; Ord. No. 14-2000, adopted April 27, 2000; Ord. No. 11-2004, adopted April 1, 2004; Ord. No. 33-2004, adopted Dec. 30, 2004; Ord. No. 17-2005, adopted Sept. 15, 2005; Ord. No. 2-2007, adopted Jan. 23, 2007; Ordinance 8-2008, adotped March 27, 2008; Ord. No. 10-2008, adopted April 24, 2008; Ord. No. 12-2008, adopted April 24, 2008; Ord. No. 7-2010, adopted May 13, 2010; Ord. No. 15-2011, adopted Dec. 15, 2011; Ord. No. 20-2013, adopted Dec. 12, 2013; Ord. No. 11-2015, adopted Sept. 24, 2015; and Ord. No. 25-2016, adopted Oct. 27, 2016. Section 11.75 Non-Conforming Uses (unchanged) Subd. 1. Non-conforming uses may be continued, including through repair, replacement, restoration, maintenance or improvement, but not including expansion, unless: A. A non-conforming use is discontinued for a period of more than one (1) year; or B. The non-conforming use is destroyed by fire or other peril to the extent that greater than fifty (50) percent of its market value, and no building permit has been applied for within one hundred eighty (180) days of when the property is damaged. In the event a building permit has been applied for within the one hundred eighty (180) days, the City may impose reasonable conditions upon the building permit in order to mitigate any newly created impact on adjacent property. (Source: Ordinance No. 17-2005, 9-15-2005; Ordinance No. 82-18, 9-17-1982) Section 11.76 Variances (unchanged) Subd. 1. Purposes and Authorization. Except as otherwise provided in this chapter, variances from the requirements of this chapter may be granted when the applicant for the variance establishes that there are practical difficulties in complying with this chapter. Variances shall only be permitted when they are in harmony with the general purposes and intent of this chapter and are consistent with the City's comprehensive plan. "Practical difficulties" as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this chapter; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined by statute when in harmony with this chapter. The Board of Adjustments and Appeals or Council as the case may be may not permit as a variance any use that is not allowed by this chapter in the zoning district in which the subject property is located. The Board of Adjustments and Appeals or Council as the case may be may permit as a variance the temporary use of a one (1) family dwelling as a two (2) family dwelling. The Board of Adjustments and Appeal or Council as the case may be may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. (Source: Ordinance No. 14-2011, 10-27-2011; Ordinance No. 72-84, 4-5-1984) Subd. 2. Application and Fee. Application fees shall be set by Council pursuant to ordinance. Applications shall be made on forms and pursuant to the procedures designated by the Community Development Department. (Source: Ordinance No. 14-2011, 10-27-2011; City Code, 9-17-1982) Subd. 3. Time Limitation. Variances granted from the provisions of this chapter shall be used within one year and if not, the variance will be of no further force and effect. (Source: Ordinance No. 72-84, 4-5-1984) Section 11.77 Zoning Certificate and Certificate of Occupancy (unchanged) Subd. 1. Purposes and Requirements. To ensure that each new or expanded use of a structure or site and each new structure or alteration of an existing structure complies with all applicable provisions of this section, and in order that the City may have a record of each new or expanded use of a structure or site, a zoning certificate is required before any building permit may be issued or any structure or site used; and a certificate of occupancy required by the Building Code shall be issued only for a structure that conforms with the zoning certificate. Subd. 2. Building Permit. A building permit shall be issued only upon execution of an approved zoning certificate. Subd. 3. Occupancy Certificate. A. A certificate authorizing occupancy shall not be issued until all requirements of this section and conditions attached to any variance have been fully met. B. A temporary certificate may be issued when certain conditions or requirements cannot be met due to weather or other conditions beyond the control of the owner but only when occupancy will not be detrimental to the health, safety or general welfare of the occupants or neighbors. Section 11.78 Amendments (unchanged) Subd. 1. Purposes. This Chapter may be amended and the boundaries of any district may be changed in accord with the procedure described in this section. Subd. 2. Initiation. An amendment may be initiated by the Council, the Planning Commission, or by petition of affected property owners. An amendment not initiated by the Planning Commission shall be referred to the Planning Commission for study and report and may not be acted upon by the Council until it has received the recommendation of the Planning Commission or until sixty (60) days have elapsed from the date of reference of the amendment without a report by the Planning Commission. Subd. 3. Application and Fee. Application for any changes must be made on forms provided by the City and shall include all information and data requested. Application fee shall be established by the Council by resolution. Subd. 4. Public Hearing. No amendment shall be adopted until a public hearing has been held thereon by the Council. A notice of the time, place, and purpose of the hearing shall be published in the official newspaper of the City at least ten (10) days prior to the day of the hearing. When an amendment involves changes in district boundaries a notice shall be mailed at least ten (10) days before the day of the hearing to each owner of affected property and property situated wholly or partly within three hundred fifty (350) feet of the property to which the amendment relates. For the purpose of giving mailed notice, the responsible person may use any appropriate records to determine the names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings. The failure to give mailed notice to individual property owners, or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this subdivision has been made. Subd. 5. Reapplication. No application for the same or substantially the same change shall be made within one (1) year from the date of denial. Subd. 6. Adoption. Amendments to this chapter may be adopted by a two-thirds vote of all of the members of the Council. Section 11.79 Administration (unchanged) Subd. 1. The City Manager shall be responsible for the enforcement of this chapter and all orders of the Board of Appeals and Council. Subd. 2. All applications for zoning or variances shall be directed to the City Manager for administration review and reference to the Planning Commission or Board of Appeals. (Source: City Code, 9-17-1982) Subd. 3. Fees. The Council is hereby authorized to establish, by resolution, all fees payable to the City for any action or proceeding under this chapter. A copy of such resolution shall be kept in the office of the City Manager and uniformly enforced. (Ordinance No. 72-84, 4-5-1984) Section 11.80 Official Map (unchanged) There is adopted pursuant to Minnesota Statutes Section 462.359 (1986), the Official Map entitled, "Minnesota Department of Transportation S. P. 2762 (T.H. 212) Official Map West Hennepin County Line to Junction of T.H. 5 and T.H. 494" on file and open to public inspection in the office of the City Manager, which Official Map contains a description of the future layout of State Highway 212 through the City and the lands which will be affected by reason thereof. (Source: Ordinance No. 63-88, 1-19-1989) Section 11.81 Temporary Dwelling Opt Out (unchanged) Pursuant to authority granted by Minnesota Statutes Section 462.3593, Subdivision 9, the City of Eden Prairie opts-out of the requirements of Minnesota Statutes Section 462.3593, which defines and regulates Temporary Family Health Care Dwellings. (Source: Ordinance No. 16-2016, 8-25-2016) Section 11.99 Violation a Misdemeanor (unchanged) Every person violates a section, subdivision, paragraph, or provision of this chapter when he or she performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof. (Source: City Code, 9-17-1982) STAFF REPORT TO: Planning Commission FROM: Ben Schneider, Planner I DATE: October 23, 2023 SUBJECT: Code Amendment –Sign Code Changes BACKGROUND This text amendment is considered the last of three phases of sign code changes identified in Planning staff’s work plan. The first phase, approved by the Council in early 2022, made the sign code “content neutral.” The second phase was approved in the second half of 2022 and included updates to sign regulations for specific zoning districts, including Office, Transit Oriented Development, and Town Center. This proposed amendment addresses a handful of housekeeping items. PROPOSED CHANGES Below is a summary of proposed changes in this sign code amendment. The overarching theme of these changes is to add clarity and align the sign code with Council expectations, while removing contradictory regulation. Sign Area Definition The sign ordinance currently defines sign area as: “that area that is included in the smallest rectangle which can be made to circumscribe the sign. The maximum sign area for a free-standing sign refers to a single face and does not include vertical structural members below the sign face or the sign base.” A strict reading of the first part of this definition limits some creative sign designs that deviate from a traditional rectangular shape (see example below). Staff Report – Code Amendment – Sign Requirements October 23, 2023 Page 2 2 Unlike when this definition was first adopted, staff now has internal software that makes it easy to measure the area of an object-regardless of its shape. This amendment is proposing to update the first part of the definition of sign area to say: “that area that is included within the smallest shape which can be made to circumscribe the sign.” This aligns with current practice and is more consistent with how most neighboring communities define sign area. PUD Signs The current sign ordinance prohibits all off-premises signage with the exception of temporary signage during construction. Prior to the content neutral sign code amendment, there were provisions in Code that exempted PUDs from this requirement. That exemption was inadvertently not carried over to the current sign ordinance. Staff is proposing to address this by adding language clarifying that a PUD development with multiple lots may have signage that advertises uses on multiple lots. This is consistent with previous versions of code and also is consistent with the goal of limiting sign proliferation. For example, Flying Cloud Commons has signage advertising Chick Fil A, Bank of America, and Flagstone instead of having individual free-standing signs on each lot. Addresses on Free Standing Signs Before the content neutral sign code amendment, street addresses were not included in the calculation of total sign area. This amendment adds language clarifying that this exemption is still applicable. Incidental Signs and the “300-foot Rule” The most recent sign code amendment added the term “incidental signs” as a way to allow free-standing signs that are 6 square feet or less in addition to other free-standing signs. The sign code also states that no two free-standing signs in Commercial districts may be within 300 feet of one another, as a preventative measure against sign proliferation. Since incidental signs are by definition freestanding, staff has included language in this amendment clarifying that incidental signs are exempt from this 300-feet requirement. A similar provision already exists for menu board signs. “One (1) Wall Sign” vs “Wall Signage” In the Industrial, Public, and Golf Course zoning districts, the sign code states that “One (1) wall sign” is permitted on walls with street frontages. In other zoning districts, the cap on wall signage does not get as specific; allowing for multiple wall signs as long as the maximum sign area is not exceeded. Staff is proposing to update the language in these three zoning districts to be consistent with the other districts. STAFF RECOMMENDATION Staff recommends approval of the code amendments to the sign code as represented in the Staff Report – Code Amendment – Sign Requirements October 23, 2023 Page 3 3 October 23, 2023 staff report. Created: 2022-12-20 09:48:57 [EST] (Supp. No. 5) Page 1 of 22 SECTION 11.70. SIGN REGULATIONS. Subd. 1. Purpose and Intent. The purpose of this section is to regulate the number, location, height, size, type, illumination, and other physical characteristics of signs within the City to protect and promote the general welfare, health, safety, and order within the City through the establishment of a comprehensive and impartial series of standards, regulations and procedures governing the erection, use and/or display of devices, signs or symbols serving as visual communicative media to persons situated within or upon public right-of-way or private properties. The provisions of this section are intended to encourage creativity, provide a reasonable degree of freedom of choice, provide an opportunity for effective communication, manage and mitigate the aesthetic impact of signage, protect pedestrians and motorists from damage or injury caused by distractions, obstructions, and hazards created by signs, and encourage a sense of concern for visual amenities on the part of those designing, displaying, or otherwise utilizing needed communicative media of the types regulated by this section; while at the same time assuring that the public is not endangered, annoyed, or distracted by the unsafe, disorderly, indiscriminate or unnecessary use of such communicative facilities. Subd. 2. Message Substitution. The owner of any sign that is otherwise allowed under this section may substitute non-commercial speech in lieu of any other commercial or non- commercial speech. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular non-commercial message over any other non-commercial message. This provision prevails over any more specific provision to the contrary. This provision does not create a right to increase the total amount of signage on a parcel or allow the substitution of an off-premises commercial message in place of an on-premises commercial message. Subd. 3. Definitions. The following terms, as used in this section, shall have the meanings stated: Awning Sign means a sign that is integrated into a roof like structure projecting over a window, doorway, deck, patio, or storefront. (Source: Ordinance No. 21-2022 , 10-27-2022) Banners andPennants means attention-getting devices which resemble flags. Canopy andMarquee means a roof-like structure projecting over the entrance to a building. Commercial Speech means speech or graphics advertising a business, profession, commodity, service, or entertainment. City Entry Monument Sign means a monument sign, including associated decorative elements, erected by the City to denote entrances into the City. Drive-Thru Lane Sign means any sign located along a drive-thru lane. Created: 2022-12-20 09:48:57 [EST] (Supp. No. 5) Page 2 of 22 Dynamic Display means a sign or characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays. Flag means any fabric or similar lightweight material that is attached at one end of the material, usually to a staff or pole, so as to allow movement of the material by atmospheric changes and that contains distinctive colors, patterns, symbols, insignias, or other symbolic devices. Free-Standing Sign means a pylon or monument sign which is placed in the ground and not affixed to any part of any structure. Height means the distance between the uppermost portion of the sign and the average natural grade of the ground immediately below the sign. Illuminated Sign means any sign which is illuminated by an artificial light source. Incidental Sign means an onsite, freestanding sign that is supplemental to the principal use of the site and is orientated for viewing by vehicular and pedestrians onsite. (Source: Ordinance No. 21-2022 , 10-27-2022) Multi-tenant means structures containing two (2) or more businesses, uses, or occupants. Non-Commercial Speech means dissemination of messages not classified as commercial speech which include, but are not limited to, messages concerning political, religious, social, ideological, public service, and informational topics. Non-Conforming Sign means a sign which lawfully existed immediately prior to the adoption or amendment of this section, but does not conform to the newly enacted requirements of this section. Off-Premises Sign means a commercial sign identifying or advertising an establishment, person, activity, goods, products, or services offered at a location not on the same lot where such sign is located. For purposes of this definition, easements and other appurtenances will be considered to be outside such lot and any sign located or proposed to be located on an easement or other appurtenance will be considered an off-premises sign. On-Premises Sign means a commercial sign identifying or advertising an establishment, person, activity, goods, products, or services located on the premises where the sign is installed. Owner means, in the case of a lot or parcel, the legal or equitable owner of the lot or parcel as officially recorded with the county, and including fee owners, contract for deed purchasers, and Created: 2022-12-20 09:48:57 [EST] (Supp. No. 5) Page 3 of 22 ground lessees. The term "owner" means, in the case of a sign, the owner of the sign, including a lessee. Parapet Wall means an architecturally, structurally, and aesthetically integral wall extending above the roof level, continuously around the perimeter of the building which has the primary purpose of screening mechanical equipment. Permanent Sign means any sign which is not a temporary sign. Portable Sign means a sign designed to be movable from one (1) location to another which is not permanently attached to the ground or any structure. Projecting Sign means any sign attached to a building, all or part of which extends more than twelve (12) inches over public property, easements, or private pedestrian space, or which extends more than twelve (12) inches beyond the surface of the portion of the building to which it is attached or beyond the building line. Roof Sign means any sign erected upon or projecting above the roof of a structure to which it is affixed except signs erected below the top (the cap) of a parapet wall. Sandwich Board Sign means a self-supporting, A-shaped, freestanding temporary sign with two (2) visible sides that is situated adjacent to a business, typically on a sidewalk. (Source: Ordinance No. 21-2022 , 10-27-2022) Shielded Light Source means a light source for which all light elements will be diffused or directed to eliminate glare and housed to prevent damage or danger. Sign means any letter, word, symbol, device, poster, picture, reading matter, or representation in the nature of advertisement, announcement, message, or visual communication, whether painted, posted, printed, affixed, or constructed, including all associated brackets, braces, supports, wires, and structures that is displayed for informational or communicative purposes. Sign Area means that area that is included within the smallest shape in on the smallest rectangleperimeter of the surface on which the sign is inscribed. which can be made to circumscribe the sign. The maximum sign area for a free-standing sign refers to a single face and does not include vertical structural members below the sign face or the sign base. Sign Base means any supportive structure below or surrounding the sign area that is located on the ground. Street Frontage means the portion of a lot or parcel of land abutting one (1) or more streets. For purposes of this definition, an interior lot has one (1) street frontage, and a corner lot has two (2) street frontages. Temporary Sign means a sign that is erected or displayed for a limited period of time. Traffic Sign means a sign that is erected by a governmental unit for the purpose of regulating, directing, or guiding traffic. Created: 2022-12-20 09:48:57 [EST] (Supp. No. 5) Page 4 of 22 Wall Area means the area of a wall of a building and is computed by multiplying the distance from the floor to the roof times the visible continuous width including windows and doors of the space occupied by the sign owner. Wall Sign means any sign that is affixed flat to a wall of any building. Window Sign means any sign designed to communicate information about an activity, business, commodity, event, sale, or service that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window. Yard Sign means any sign that is made of lightweight materials, such as cardboard, vinyl, or plastic pressboard, which are supported by a frame, pole or other structure and placed directly in the ground. Subd. 4. General Provisions Applicable to All Districts. A. No sign may be constructed or installed within the City except as permitted by and in compliance with the provisions of this section and with other applicable zoning or building provisions of this Code. B. Prohibitions. The following are prohibited in all districts, unless otherwise expressly permitted by this section: 1. Off-premises signs, except temporary off-premises signs as permitted by subsections G and H of this subdivision 4, or signs permitted as part of a Planned Unit Development. 2. Roof signs. 3. Inflated devices, banners, pennants, and whirling devices. 4. Portable signs 5. Projecting signs. C. All signs must be constructed, installed, and maintained in a safe and non-deteriorating manner. Cracked, broken, or bent glass, plastic, wood or metal and burnt-out light bulbs and peeling, faded, or cracked paint must be immediately repaired, replaced, or removed. D. No sign may be permanently or temporarily placed on or within any public right-of-way or other public property, except traffic signs, other signs pertaining to traffic control or safety, and city entry monument signs. E. Notwithstanding any other provisions of this section, all non-commercial signs of any size may be posted forty-six (46) days before the state primary in a state general election year until ten (10) days following the state general election in any general election year and thirteen (13) weeks prior to any special election until ten (10) days following the special election. (Source: Ordinance No. 21-2022 , 10-27-2022) Created: 2022-12-20 09:48:57 [EST] (Supp. No. 5) Page 5 of 22 F. One (1) temporary, on-premises, free-standing sign may be installed upon any construction site in any district, provided such sign does not exceed thirty-two (32) square feet in area and ten (10) feet in height. Such signs must be removed upon completion of construction, or the occupancy of the building being constructed, whichever occurs first. G. Temporary Signs. 1. For the purposes of this Subdivision 4.G. "project" is defined as land a. Encompassed within a plat or a Registered Land Survey approved by the Council within which two (2) or more dwellings are permitted in accordance with City Code; or b. For which approval has been given by the Council of a Site Plan and Architectural Design pursuant to Section 11.03, Subdivision 6 within which two (2) or more dwellings are permitted in accordance with such approval. For purposes of this subdivision 4.G, no further or subsequent subdivision, platting, replatting, Registered Land Survey, or Site Plan and Architectural Design approval or filing relating to land encompassed within a project will operate to create an additional project or projects within that land or any part thereof. 2. Temporary on-premises free-standing signs may be erected within a project, provided: a. A sign may not exceed thirty-two (32) square feet in area. b. Not more than one (1) sign for a project may be erected. c. All signs must be removed upon the earlier of eighty percent (80%) completion of construction, sale or lease of the dwellings within the project, or two (2) years from issuance of the first permit for the construction of a dwelling or dwellings within the project. 3. Temporary off-premises signs may be erected in accordance with the following limitations: a. Not more than the following number of signs may be erected for projects containing the following number of acres or dwelling units, whichever is greater: Number of Acres or Dwellings in a Project (whichever is greater) Number of Signs 2—10 6 11 or more 12 b. Signs may be erected for no more than sixty (60) days per calendar year. All signs must be removed upon the earlier of eighty percent (80%) completion of construction, sale or lease of the dwellings within the project, or two (2) years Created: 2022-12-20 09:48:57 [EST] (Supp. No. 5) Page 6 of 22 from issuance of the first permit for the construction of a dwelling or dwellings within the project. c. Signs may not exceed six (6) square feet in size nor extend higher than four (4) feet above the ground. d. Signs may be placed on land only with the land owner's permission. Signs may not be placed within or on a public right-of-way, sidewalk or trail, and must not interfere with traffic visibility. e. Only one (1) sign per project may be installed upon a lot or parcel of record. f. Each sign must include the name and telephone number of the owner of the sign. g. Signs may not be placed more than two (2) miles from the project. H. Temporary Single Property Signs. 1. For purposes of this subdivision 4.H, a "single property" is defined as: (a) a single lot or parcel of record with or without one (1) or more buildings erected thereon; or (b) an individual condominium unit. A lot or parcel of record within a project as defined in Subdivision 4.H does not constitute a single property with respect to the first sale of each building or condominium unit situated on the lot or parcel of record, but will be deemed a single property with respect to sales, after the first sale of each such building or condominium unit thereon. 2. Temporary, on-premises, free-standing signs may be erected on a single property, in accordance with the following limitations: a. A sign may not exceed: (1) Six (6) square feet for a single property that meets at least one of the following criteria: (A) on which is situated a dwelling; (B) which is vacant and located within the One-Family Residential or the Rural District; or (C) on which a structure or structures situated thereon are ninety percent (90%) or more, but less than one hundred percent (100%), occupied (as measured by floor area). (2) Thirty-two (32) square feet for a single property (other than a single property described in (1)): (A) on which a structure or structures situated thereon are less than ninety percent (90%) occupied (as measured by floor area); or (B) is vacant. Created: 2022-12-20 09:48:57 [EST] (Supp. No. 5) Page 7 of 22 b. Not more than one (1) sign for a single property may be erected. c. A sign must be removed within seven (7) days following the lease or sale of the single property. 3. Temporary off-premises signs may be erected in accordance with the following limitations: a. No more than two (2) off-premises signs may be erected for a single property. b. Signs may be erected for a period not to exceed 4 days c. Signs may not exceed six (6) square feet in size and may not be higher than four (4) feet above the ground. d. Signs may be placed on land only with the owner's permission. Signs may not be placed within a public right-of-way, sidewalk or trail, and must not interfere with traffic visibility. e. Only one (1) sign for a single property may be installed upon any lot or parcel of record. f. Each sign must include the name and telephone number of the owner of the sign. g. Signs may not be placed more than two (2) miles from the single property. h. A sign must be removed within seven (7) days following the lease or sale of the single property. 4. Where temporary outdoor sales events are permitted by Section 11.03, one (1) temporary on-premises sign not to exceed thirty-two (32) square feet in area and six (6) feet in height may be located on the same parcel as the temporary outdoor sales event area for the duration of the event. The sign may not appear before the set-up of the temporary outdoor sales event and must be removed concurrently with the take down of the temporary outdoor sales event. (Source: Ordinance No. 19-2022 , 10-13-2022) I. Flags may be displayed in any district. Flags may be up to one hundred (100) square feet in size, which will be in addition to the permitted sign area otherwise allowed for the district. Flag pole height must comply with height regulations contained in Section 11.03, Subdivision 3.F. J. Canopies, marquees and parapet walls are considered to be an integral part of the structure to which they are accessory. Signs may be attached to a canopy, marquee, or parapet wall, but such structures will not be considered as part of the wall area, and thus will not warrant additional sign area. Created: 2022-12-20 09:48:57 [EST] (Supp. No. 5) Page 8 of 22 K. Signs that are located on the interior of a building and are not visible from outside of the building are exempt from the provisions of this section, and are not subject to any permitting or fee requirements. L. No sign may be attached to any tree, vegetation, or utility pole. M. Sign Removal. When any sign or any portion of a sign is removed by the sign owner or property owner, or by the City at the direction of the City Manager or their designee, all structural and electrical elements, members, including all brackets, braces, supports, wires, etc. necessary for the sign or the portion of the sign being removed must also be removed. The owner of the property and the owner of the sign will be jointly and severally responsible for sign removal, including the costs of removal if removed by the City. N. The sign base may not exceed one-half (½) the maximum sign size permitted in the zoning district. O. No more than thirty-two (32) square feet of signage per drive-thru lane is permitted. No single sign may exceed eight (8) feet in height. Such signage is permitted in addition to the district's permitted sign area. P. Where temporary outdoor display areas are permitted by Section 11.03, one (1) temporary on-premises sign not to exceed thirty-two (32) square feet in area and six (6) feet in height may be located on the same site as the temporary outdoor display area for sixty (60) days or less. The sign may not appear before the commencement of the temporary outdoor display area and must be removed concurrently with the temporary outdoor display area. Q. Illuminated signs must be shielded with a translucent material of sufficient opacity to prevent the visibility of the light source. Indirect light sources must be equipped with a housing and directional vanes. The lights must not be permitted to interfere with traffic signalization. R. A permit for a sign to be located within fifty (50) feet of any public right-of-way or highway regulatory or warning sign, traffic sign or signal, or crossroad or crosswalk, will be issued only if the City determines, in its sole discretion, that: 1. The sign will not interfere with the ability of drivers and pedestrians to see the public right-of-way, traffic sign or signal, or crossroad or crosswalk; 2. The sign will not distract drivers or result in confusion as to the meaning of any public right-of-way or highway sign, or any traffic sign or signal; and 3. The sign will not obstruct clear visibility for traffic and pedestrian movement. S. Incidental signs may be no larger than six (6) square feet with a sign base of no more than three (3) square feet. The maximum height for an incidental sign is six (6) feet. T. Where permitted by Subdivision 5, no more than one (1) sandwich board sign is permitted per lot or parcel of record unless the lot or parcel contains multiple tenants, in which case Created: 2022-12-20 09:48:57 [EST] (Supp. No. 5) Page 9 of 22 one (1) sandwich board sign per tenant is permitted. A sandwich board sign may not be located within any required setbacks, vehicular travel lanes, or within a parking stall and must not obstruct any pedestrian pathways. Sandwich board signs may only be displayed during the operating hours of the user or tenant displaying the sign. U. Signs that identify the address of a building are required by the State Building Code and State Fire Code and are permitted in all districts. Any address-identification message sign less than six (6) square feet is exempt from the will not count toward a building's maximum square foot allowance for wall signs. maximum sign area allowancescalculation. (Source: Ordinance No. 21-2022 , 10-27-2022) Subd. 5. District Regulations. In addition to those signs permitted in all districts, the following signs are permitted in each specific district subject to the following conditions and restrictions. A. Residential Districts: R, R-1, RM. 1. Wall Signs. For the R, R-1 and RM-6.5 zoning districts, one (1) wall sign per building not greater than six (6) square feet in area. For the RM-2.5 zoning district, the total wall signage permitted is twenty-five (25) square feet per street frontage. (Source: Ordinance No. 21-2022 , 10-27-2022) 2. Free-Standing Signs and Yard Signs. a. One (1) free-standing sign per development, per street entrance not greater than thirty-two (32) square feet in area and not greater than six (6) feet in height. b. Each lot or parcel of record may have one or more yard signs, provided that (i) the total area of all yard signs on the lot or parcel of record may not exceed six (6) square feet, and (ii) no single sign may exceed six (6) square feet in area and three (3) feet in height. c. Sign Setback. Signs must not be placed closer than ten (10) feet from any public right-of-way line. d. Sign Base. The sign base of a free-standing sign may not exceed one-half (½) the maximum permitted sign area. e. The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign. f. Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings. 3. Temporary signs are permitted only as provided in Subdivision 4. 4. Incidental signs are permitted in the RM district as provided in Subdivision 4. Incidental signs are not permitted in the R or R-1 districts. (Source: Ordinance No. 21-2022 , 10-27-2022) Created: 2022-12-20 09:48:57 [EST] (Supp. No. 5) Page 10 of 22 B. Commercial Districts: N-Com, C-Com, C-Hwy, C-Reg-Ser, C-Reg. (Source: Ordinance No. 21-2022 , 10-27-2022) 1. Free-standing Signs. a. A lot or parcel of record having one (1) street frontage may have one (1) free- standing sign not to exceed eighty (80) square feet. b. Where a lot or parcel of record has two (2) or more street frontages, one (1) free-standing sign not to exceed eighty (80) square feet is permitted along one (1) frontage. Additional frontages are permitted a free-standing sign not to exceed thirty-six (36) square feet. Each allowed sign must be located on the street frontage generating the allowance. No free-standing sign may be closer than three hundred (300) feet to any other free-standing sign upon a lot or parcel of record, as measured from the edge of a sign face via a straight line. Drive-thru lane signs and incidental signs are exempt from this distance requirement. c. Setback. No sign may be placed closer than twenty (20) feet from any public right-of-way line. Where parking is permitted within the required front yard setback, no sign may be placed closer than fifteen (15) feet from any public right- of-way line. d. Height. Free-standing signs may not exceed twenty (20) feet in height. e. Sign Base. The sign base may not exceed one-half (½) the maximum permitted sign area. f. The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign. g. Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings. 2. Wall Signs. a. The total area of a wall sign on any wall of a single-tenant building may not exceed fifteen percent (15%) of the wall area when the wall area does not exceed five hundred (500) square feet. When the wall area exceeds five hundred (500) square feet, then the total area of such wall sign may not exceed seventy- five (75) square feet plus five percent (5%) of the wall area in excess of five hundred (500) square feet. In no event may the maximum sign area for any wall sign exceed three hundred (300) square feet. b. Wall area will be computed individually for each tenant in a multi-tenant building based on the exterior wall area of the space that tenant occupies. The total area of a tenant wall sign on its wall of a multi-tenant building may not exceed fifteen percent (15%) of the wall area of that wall when the wall area does not exceed Created: 2022-12-20 09:48:57 [EST] (Supp. No. 5) Page 11 of 22 five hundred (500) square feet. When the wall area exceeds five hundred (500) square feet, then the total area of the wall sign may not exceed seventy-five (75) square feet plus five percent (5%) of the wall area in excess of five hundred (500) square feet. In no event may the maximum sign area for any individual wall sign in a multi-tenant building exceed three hundred (300) square feet. 3. Sign Design. Signs for a multi-tenant building must be located on the building in a uniform manner or within an architectural sign band area. 4. Temporary signs are permitted only as provided in Subdivision 4. 5. Incidental signs are permitted as provided in Subdivision 4. 6. Sandwich board signs are permitted as provided in Subdivision 4. (Source: Ordinance No. 21-2022 , 10-27-2022) C. Office District. 1. Free-standing Signs. a. A lot or parcel of record having one (1) street frontage may have one (1) free- standing sign not to exceed eighty (80) square feet. b. Where a lot or parcel of record has two (2) or more frontages, one (1) free- standing sign not to exceed eighty (80) square foot sign is permitted on one frontage, and the additional frontages are each permitted a free-standing sign not to exceed thirty-six (36) square feet. Each allowed sign must be located on the street frontage generating the allowance. c. Setback. No sign may be placed closer than ten (10) feet from any public right-of- way line. d. Height. Free-standing signs may not exceed eight (8) feet in height. e. Sign Base. The sign base may not exceed one-half (½) the maximum permitted sign area. f. The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign. g. Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings. 2. Wall Signs. a. For façades with street frontage, the total area of wall signage may not exceed fifty (50) square feet when the surface area of the wall does not exceed two thousand five hundred (2,500) square feet. When the surface area exceeds two thousand five hundred (2,500) square feet, the total area of wall signage may not Created: 2022-12-20 09:48:57 [EST] (Supp. No. 5) Page 12 of 22 exceed two percent (2%) of the total surface area, not to exceed a maximum sign area of one hundred fifty (150) square feet. b. For multi-tenant buildings, one (1) wall sign per leasable space attached to the exterior wall of the building at the ground floor not to exceed thirty (30) square feet is permitted in addition to the signage allowed in item 2.a above. c. Square foot allowances for wall signs may be divided between multiple signs so long as the total square footage per façade does not exceed the maximum allowed in this item 2. 3. Temporary signs are only permitted as provided in Subdivision 4. 4. Incidental signs are permitted as provided in Subdivision 4. 5. Sandwich board signs are permitted as provided in Subdivision 4. (Source: Ordinance No. 21-2022 , 10-27-2022) D. Industrial District: I-2, I-5, and I-GEN. (Source: Ordinance No. 21-2022 , 10-27-2022) 1. Free-standing Signs. a. A lot or parcel of record having one (1) street frontage may have one (1) free- standing sign not to exceed eighty (80) square feet. b. Where a building site has two (2) or more street frontages, one (1) free-standing sign not to exceed eighty (80) square feet is permitted on one frontage, and the additional frontages are each permitted a free-standing sign not to exceed fifty (50) square feet. Each allowed sign must be located on the street frontage generating the allowance. c. Setback. No sign may be placed closer than ten (10) feet from any public right-of- way line. d. Height. No free-standing sign may exceed eight (8) feet in height. e. Sign Base. The sign base may not exceed one-half (½) the maximum permitted sign area. f. The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign. g. Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings. 2. Wall Signs. a. One (1) wall signWall signage per street frontage not to exceed eighty (80) square feet is permitted. Created: 2022-12-20 09:48:57 [EST] (Supp. No. 5) Page 13 of 22 b. One (1) wall signWall signage per leasable space attached to the exterior wall of the building at the ground floor is permitted, not to exceed ten percent (10%) of the wall area that tenant occupies of the wall to which it is affixed, or a maximum of fifty (50) square feet. 3. Temporary Signs are only permitted as provided in Subdivision 4. 4. Sign Design. All signs shall be uniform in design, color, and placement. 5. Incidental signs are permitted as provided in Subdivision 4. 6. Sandwich board signs are permitted as provided in Subdivision 4. (Source: Ordinance No. 21-2022 , 10-27-2022) E. Planned Unit Development (PUD). A Planned Unit Development must comply with the sign requirements of the underlying zoning district unless a waiver from those requirements is granted as part of the PUD approval process or through a PUD amendment under Section 11.40, or a variance is granted as provided by subdivision 8.E of this section. F. Public District and Parks/Open Space District. 1. Free-standing Signs. a. A lot or parcel of record having one (1) street frontage may have one (1) free- standing sign not to exceed eighty (80) square feet. b. Where a lot or parcel of record has two (2) or more street frontages, one (1) free-standing sign not to exceed eighty (80) square feet is permitted on any one frontage, and the additional frontages are each permitted one (1) free-standing sign not to exceed thirty-six (36) square feet. Each allowed sign must be located on the street frontage generating the allowance. c. Setback. No sign may be placed closer than ten (10) feet from any public right-of- way. d. Height. Free-standing signs may not exceed eight (8) feet in height. e. Sign Base. The sign base may not exceed one-half (½) the maximum permitted sign area. f. The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign. g. Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings. 2. Wall Signs. a. One (1) wall signWall signage per street frontage not to exceed fifty (50) square feet is permitted. Created: 2022-12-20 09:48:57 [EST] (Supp. No. 5) Page 14 of 22 b. One (1) wall signWall signage per accessory building attached to the exterior wall of the accessory building at the ground floor not to exceed thirty (30) square feet is permitted. c. Signs must be uniform in design. 3. Temporary Signs. Temporary on-premises signs are permitted for a period not to exceed ten (10) days. Such signs may not be higher than eight (8) feet and not larger than thirty-two (32) square feet. 4. Incidental signs are permitted as provided in Subdivision 4. 5. Sandwich board signs are permitted as provided in Subdivision 4. (Source: Ordinance No. 21-2022 , 10-27-2022) G. Golf Course District. 1. Free-standing Signs. a. One (1) free-standing sign per street frontage not to exceed fifty (50) square feet is permitted. b. Setback. No sign may be placed closer than ten (10) feet from any public right-of- way line. c. Height. A free-standing sign may not exceed eight (8) feet in height. d. Sign Base. The sign base may not exceed one-half (½) the maximum permitted sign area. e. The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign. f. Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings. 2. Wall Signs. One wall signWall signage per building not to exceed twenty-four (24) square feet is permitted. Where a building is located on a corner lot, one (1) sign may be located on each wall facing a street provided one (1) wall sign does not exceed twenty-four (24) square feet and the other wall sign does not exceed eighteen (18) square feet. All walls signs must be uniform in design. 3. Temporary On-Premises Signs. Temporary on-premises signs are permitted for a period not to exceed ten (10) days. Such signs may not be higher than eight (8) feet and not larger than thirty-two (32) square feet. 4. Incidental signs are permitted as provided in Subdivision 4. 5. Sandwich board signs are permitted as provided in Subdivision 4. (Source: Ordinance No. 21-2022 , 10-27-2022) Created: 2022-12-20 09:48:57 [EST] (Supp. No. 5) Page 15 of 22 H. Airport. 1. Wall Signs. a. Wall signs are only permitted on buildings operated by persons, organizations, or businesses that are commercially licensed by the Metropolitan Airports Commission. b. Walls Not Facing Runway. The total area of all wall signs on any wall not facing a runway may not exceed fifteen (15%) of the wall area when the wall area does not exceed five hundred (500) square feet. When the wall areas exceeds five hundred (500) square feet, the total area of a wall sign may not exceed seventy- five (75) square feet, plus five percent (5%) of the wall area in excess of five hundred (500) square feet, provided that the maximum sign area for any wall sign is three hundred (300) square feet. Wall area will be computed individually for each tenant in a multi-tenant building based on the exterior wall area of the space the tenant occupies. c. Walls facing runway. The total area of all wall signs for walls facing a runway may not exceed thirty percent (30%) of the wall area. The maximum total wall sign area may not exceed four hundred (400) square feet. Wall area will be computed individually for each tenant in a multi-tenant building based on the exterior wall area of the space the tenant occupies. 2. Free-standing Signs. a. Building sites operated by persons, organizations, or businesses that are commercially licensed by the Metropolitan Airports Commission are permitted two (2) free-standing signs , provided one (1) of the signs is on the side of the building facing the runway. The total area of each sign may not exceed eighty (80) square feet. The maximum height of free-standing signs may not exceed twenty (20) feet. b. Property operated by the Metropolitan Airports Commission is permitted one (1) free-standing sign per street frontage not to exceed eighty (80) square feet in total area and twenty (20) feet in height. c. The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign. d. Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings. 3. Gate Signs: Only the Metropolitan Airports Commission may erect such signs. One (1) sign at each gate is allowed not to exceed thirty-two (32) square feet in total area and ten (10) feet in height. 4. Incidental signs are permitted as provided in Subdivision 4. Created: 2022-12-20 09:48:57 [EST] (Supp. No. 5) Page 16 of 22 5. Sandwich board signs are permitted as provided in Subdivision 4. (Source: Ordinance No. 21-2022 , 10-27-2022) I. Town Center and TOD Districts: TOD-E, TOD-MU, TOD-R, TC-C, TC-R, and TC-MU. 1. Free-standing Signs. a. For TOD-E, TOD-MU, TC-C and TC-MU, a lot or parcel of record having one (1) street frontage may have one (1) free-standing sign not to exceed eighty (80) square feet. b. For TOD-E, TOD-MU, TC-C and TC-MU, where a lot or parcel of record has two (2) or more street frontages, one (1) free-standing sign not to exceed eighty (80) square feet is permitted along one (1) frontage. Additional frontages are permitted a free-standing sign not to exceed thirty-six (36) square feet. Each allowed sign must be located on the street frontage generating the allowance. No free-standing sign may be closer than three hundred (300) feet to any other free-standing sign upon a lot or parcel of record, as measured from the edge of a sign face via a straight line. Drive-thru lane signs are exempt from this distance requirement. c. For the TOD-R and TC-R districts, one (1) sign not to exceed thirty-two (32) square feet is permitted per street entrance. No free-standing sign may be closer than three hundred (300) feet to any other free-standing sign upon a lot or parcel of record, as measured from the edge of a sign face via a straight line. d. Setback. Signs need not be setback from the property line, so long as there is no conflict with public utilities or traffic sight lines as determined by the City Engineer. e. Height. Maximum height may not exceed twenty (20) feet when located along arterial roadways. The location of the sign must be on the side of parcel abutting the arterial roadway. When located along collector, local, or private roadways, maximum height may not exceed eight (8) feet. f. Sign Base. The sign base may not exceed one-half (½) the maximum permitted sign area. g. The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign. h. Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings. 2. Wall Signs. a. The total area of a wall sign on any wall of a single-tenant building may not exceed fifteen percent (15%) of the wall area when the wall area does not Created: 2022-12-20 09:48:57 [EST] (Supp. No. 5) Page 17 of 22 exceed five hundred (500) square feet. When the wall area exceeds five hundred (500) square feet, a wall sign may not exceed seventy-five (75) square feet plus five percent (5%) of the wall area in excess of five hundred (500) square feet. In no event may the maximum sign area for any wall sign exceed three hundred (300) square feet. b. Wall area will be computed individually for each tenant in a multi-tenant building based on the exterior wall area of the space that tenant occupies. The total area of a tenant wall sign on its wall of a multi-tenant building may not exceed fifteen percent (15%) of the wall area of that wall when the wall area does not exceed five hundred (500) square feet. When the wall area exceeds five hundred (500) square feet, the wall sign may not exceed seventy-five (75) square feet plus five percent (5%) of the wall area in excess of five hundred (500) square feet. In no event may the maximum sign area for any individual tenant wall sign in a multi- tenant building exceed three hundred (300) square feet. c. In the TOD-R and TC-R districts and for residential portions of mixed-use buildings, twenty-five (25) square feet of wall signage located at the ground floor of the building is permitted per street frontage. In addition to the signage allowed at the ground floor, residential portions of buildings, either single or mixed-use, are allowed one (1) wall sign above the ground floor. Signs located above the ground floor are allowed ten (10) square feet of sign area per story of the building, up to fifty (50) square feet. The size of the sign must correlate to the sign's location on the building, not the overall height of the building, as outlined in the following table. The ground floor sign allowance may not be added to upper story sign allowance to create one (1) or more signs larger than fifty (50) square feet. Sign Location on Building Exterior Upper Story Maximum Sign Area 1st story 25 sq. ft. 2nd story 25 sq. ft. 3rd story 30 sq. ft. 4th story 40 sq. ft. 5th story or higher 50 sq. ft. d. Wall signs for a multi-tenant building must be located on the building in a uniform manner or within an architectural sign band area. 3. Projecting signs are permitted in all TOD and TC zoning districts. Projecting signs will be counted as part of the total allowable wall signage but the area of the projecting sign will not be counted as part of the total wall area. A projecting sign may not exceed ten (10) square feet. The distance between sign faces must be no more than twenty (20) degrees or twelve (12) inches. Projecting signs are limited to a projection Created: 2022-12-20 09:48:57 [EST] (Supp. No. 5) Page 18 of 22 distance of not more than four (4) feet from the building façade onto which it is attached. A projecting sign may not project into the public right-of-way nearer than two and one-half (2.5) feet to the street curb or curb line. Signs may not project onto private property without an encroachment agreement that has been approved by the City and recorded with the County. 4. Awning signs are permitted in all TOD and TC zoning districts. An awning sign is permitted only as an integral part of the awning to which it is attached or applied and must be parallel to the building. Awning signs will be counted as part of the total allowable wall signage for the building but the awning area will not be counted as part of the total wall area. Signs on awnings are permitted on both the awning flap (valance) and awning face (shed). Awning signs extending over a public sidewalk are limited to a projection distance of not more than four (4) feet from the building façade onto which it is attached. An awning may not project into the public right-of- way nearer than two and one-half (2.5) feet to the street curb or curb line. Awning signs may not extend onto private property without an encroachment agreement that has been approved by the City and recorded with the County. 5. Temporary signs are permitted only as provided in Subdivision 4. 6. Parking Structures. Parking structures are allowed twenty (20) square feet of wall signage per entrance to the structure. Signs must be located near the entrance to the parking structure. 7. Incidental signs are permitted as provided in Subdivision 4. 8. Sandwich board signs are permitted as provided in Subdivision 4. (Source: Ordinance No. 21-2022 , 10-27-2022) Subd. 6. Dynamic Displays. A. Findings. Studies show that there is a correlation between dynamic displays on signs and the distraction of highway drivers. Distraction can lead to traffic accidents. Drivers can be distracted not only by a changing message, but also by knowing that the sign has a changing message. Drivers may watch a sign waiting for the next change to occur. Additionally, drivers are more distracted by special effects used to change the message, such as fade-ins and fade-outs. Time and temperature signs appear to be an exception to these concerns because the messages are short, easily absorbed, and become inaccurate without frequent changes. Despite these public safety concerns, there is merit to allowing new technologies to easily update messages. Except as prohibited by state or federal law, sign owners should have the opportunity to use these technologies with certain restrictions. The restrictions are intended to minimize potential driver distraction and to minimize proliferation in residential districts where signs can adversely impact residential character. Created: 2022-12-20 09:48:57 [EST] (Supp. No. 5) Page 19 of 22 The City finds that dynamic displays should be allowed on signs but with significant controls to minimize their proliferation and their potential threats to public safety. B. Permitted Sign Type and Locations. Dynamic displays are permitted solely as free-standing signs and only in the Commercial Regional (C-Reg), Commercial Regional Service (C-Reg- Ser), Community Commercial (C-Com), Neighborhood Commercial (N-Com) Office (OFC), Town Center (TC-C), Public (Pu), Parks and Open Space (P), Industrial (I, I-2, I-5 and I-Gen), TOD-MU (if the project includes commercial uses) and TOD-E (if the project includes industrial uses) zoning districts. C. Duration of Image. A dynamic display's image, or any portion thereof, may not change more often than once every 20 minutes, except when changes are necessary to correct hour-and-minute, date, or temperature information. A display of time, date, or temperature must remain for at least twenty (20) minutes before changing to a different display, but the time, date, or temperature information itself may change no more often than once every three (3) seconds. D. Transition. If a dynamic display's image or any portion thereof changes, the change sequence must be instantaneous without any special effects. E. Prohibition on Video Display. No portion of a dynamic display may change any part of its sign face by a method of display characterized by motion or pictorial imagery, or depict action or a special effect to imitate movement, or display pictorials or graphics in a progression of frames that gives the illusion of motion of any kind. F. Prohibition on Fluctuating or Flashing Illumination. No portion of a dynamic display image may fluctuate in light intensity or use intermittent, strobe or moving light, or light that changes in intensity in sudden transitory bursts, streams, zooms, twinkles, sparkles or in any other manner that creates the illusion of movement. G. Audio. Dynamic displays may not be equipped with audio speakers. H. Malfunctions. Dynamic displays must be designed and equipped to freeze the sign face in one (1) position if a malfunction occurs. Dynamic displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner or operator must immediately turn off the display upon malfunction or when notified by the City that it is not complying with the standards of this ordinance. I. Brightness. All dynamic displays must meet the following brightness standards: 1. No dynamic display may exceed a maximum illumination of five thousand (5,000) nits (candelas per square meter) during daylight hours and a maximum illumination of five hundred (500) nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. 2. All dynamic displays having illumination by means other than natural light must be equipped with a dimmer control or other mechanism that automatically controls the sign's brightness to comply with the requirements of this section. Created: 2022-12-20 09:48:57 [EST] (Supp. No. 5) Page 20 of 22 3. No dynamic display may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device, or signal. 4. The owner or controller of the dynamic display must adjust the sign to meet these brightness standards in accordance with the City's instructions. The adjustment must be made immediately upon notice of non-compliance from the City. 5. The owner or controller must provide to the City a written certification from the sign manufacturer that light intensity has been preset to conform to the brightness levels established by this section and that the preset level is protected from end user manipulation by password protected software or other method. This would offer the advantage of ensuring that electronic signs at a minimum cannot exceed the standards. J. Dynamic displays are allowed only on free standing signs in the permitted districts. Dynamic displays may occupy no more than thirty-five percent (35%) percent of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic displays even if not used. Only one (1), contiguous dynamic display area is allowed on a sign face. Subd. 7. Administration and Enforcement. A. Permits. Except as provided in subparagraph B below, the owner or occupant of the premises on which a sign is to be displayed, or the owner or installer of such sign, must file an application with the City for permission to display the sign. Permits are required for all existing, new, relocated, modified, or redesigned signs. The applicant must complete the application form provided by the City and submit with the application a complete description of the sign and a sketch showing its size, location, manner of construction, and such other information as is necessary to inform the City of the proposed kind, size, material, construction, and location of the sign. The applicant must also submit at the time of application the then-current application fee set by Council ordinance or resolution. The City Manager or their designee will approve or deny the sign permit no more than thirty (30) days from the receipt of the complete application and the applicable fee. If a sign authorized by permit has not been installed within three (3) months after the date of issuance of the permit, the City Manager may, at their sole discretion, revoke the permit. B. Exemptions. The exemptions permitted by this subparagraph apply only to the requirement of a permit, and may not be construed as excusing the installer of the sign, or the owner of the property upon which the sign is located, from conforming with the other provisions of this section. No permit is required under this subdivision for the following signs: 1. A window sign placed within a building and not exceeding ten percent (10%) of the window area. 2. Signs erected by a governmental unit or public school district. Created: 2022-12-20 09:48:57 [EST] (Supp. No. 5) Page 21 of 22 3. Temporary signs. 4. Signs or tablets when cut or built into the walls of a building and constructed of bronze, stone, or marble. 5. Incidental signs. 6. Flags. 7. Yard signs. 8. Sandwich board signs. (Source: Ordinance No. 21-2022 , 10-27-2022) Subd.8. Violations and Enforcement. A. It is unlawful for any person to violate the provisions of this section. B. If the City finds that: 1. any sign regulated by this section is prohibited as to size, location, type, number, height, or method of construction, or is unsafe, insecure, or a menace to the public; 2. any sign for which a permit is required has been constructed or erected without a permit having been granted to the installer of the sign or to the owner of the property upon which the sign has been erected; or 3. any sign is improperly maintained or is in violation of any other provisions of this section; the City will give written notice of such violation to the owner of the property and/or the permit holder, as applicable. If the owner or permit holder fails to remove or alter the sign so as to comply with this section within three (3) days following receipt of the notice, the sign will be deemed to be a nuisance and may be abated by the City by proceedings taken under Minnesota Statutes Chapter 429, and the cost of abatement, including administrative expenses and attorney's fees, may be levied as a special assessment against the property upon which the sign is located. C. Each period of three (3) days within which the sign is not removed or altered as required by the City will be deemed to constitute another violation of this section. No additional City licenses, permits, or other approvals will be granted to anyone in violation of the terms of this section, or to anyone responsible for the continuance of the violation, until such violation is either corrected or satisfactory arrangements, in the opinion of the City Manager or their designee, have been made towards the correction of the violation. The City may also withhold building permits for any construction related to a sign maintained in violation of this section. Pursuant to Minnesota Statutes Section 160.27, the City may remove and destroy signs placed within the public right-of-way with no such notice of violation required. Created: 2022-12-20 09:48:57 [EST] (Supp. No. 5) Page 22 of 22 D. Appeals. The property owner, permit applicant, or permit holder, as applicable, may appeal any order or determination made by the City pursuant to this section by filing a written appeal with the City Clerk within ten (10) days of the mailing of notice of the order or determination to the owner, applicant, or holder. A notice of appeal must be in writing and must be personally served upon the City Clerk or deputy within the time provided. Appeals will be heard by the Board of Adjustments and Appeals pursuant to Section 2.26, Subdivision 2.B. E. Variances. A property owner, permit applicant, or permit holder may request a variance from the literal terms of this section before the Board of Adjustments and Appeals by filing a form provided by the City and paying the prescribed fees to the City Clerk. Request for variances from the literal provisions of this section will be considered in accordance with City Code Sections 2.26, Subdivision 2.B, and Section 11.76. F. With respect to signs distributed or posted by a person, committee, or organization except pursuant to a lease or license with the property owner, the written notice of violation required by Subdivision 8.B. herein may be given to the person, committee, or organization who prepares, disseminates, issues, posts, installs or owns the sign, or the person, committee, or organization who causes the preparation, dissemination, issuance, posting, or installation of the sign, or the owner or occupant of the premises on which such sign is displayed. If such person, committee, organization, owner, or occupant fails to remove or alter the sign so as to comply with the provision set forth in this section within three (3) days following receipt of said notice, then such failure is deemed unlawful and such persons, committee, organization, owner, or occupant will be subject to the same liabilities and penalties as are permittees and owners under Subdivision 8.B and C. (Source: Ordinance No. 4-2022 , 2-17-2022) Ordinance No. 4-2022 , adopted Feb. 17, 2022, repealed and reenacted Section 11.70 to read as set out herein. Former Section 11-70 pertained to Sign Permits, and derived from Ord. No. 261, adopted Oct. 25, 1974; Ord. No. 78-13, adopted May 26, 1978; Ord. No. 18-82, adopted Sept. 17, 1982; Ord. No. 37-83, adopted Sept. 30, 1983; Ord. No. 72-84, adopted April 5, 1984; Ord. No. 105-84, adopted Sept. 19, 1984; Ord. No. 114-84, adopted Nov. 1, 1984; Ord. No. 9-87, adopted May 7, 1987; Ord. No. 1-90, adopted Feb. 1, 1990; Ord. No. 18-91, adopted Aug. 23, 1991; Ord. No. 31-94, adopted Sept. 16, 1994; Ord. No. 2-95, adopted Feb. 17, 1995; Ord. No. 50-94, adopted Jan. 6, 1995; Ord. adopted Dec. 21, 1999; Ord. No. 3-2000, adopted Jan. 27, 2000; Ord. No. 14-2000, adopted April 27, 2000; Ord. No. 11-2004, adopted April 1, 2004; Ord. No. 33-2004, adopted Dec. 30, 2004; Ord. No. 17- 2005, adopted Sept. 15, 2005; Ord. No. 2-2007, adopted Jan. 23, 2007; Ordinance 8-2008, adotped March 27, 2008; Ord. No. 10-2008, adopted April 24, 2008; Ord. No. 12-2008, adopted April 24, 2008; Ord. No. 7-2010, adopted May 13, 2010; Ord. No. 15-2011, adopted Dec. 15, 2011; Ord. No. 20-2013, adopted Dec. 12, 2013; Ord. No. 11-2015, adopted Sept. 24, 2015; and Ord. No. 25-2016, adopted Oct. 27, 2016.