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HomeMy WebLinkAbout02/04/1994 TENTATIVE AGENDA COMMITTEE OF THE WHOLE FEBRUARY 2 , 1994 1] Roll call at 7 : 00 P.M. 2] Approval of Agenda 3] Proposed Zoning Ordinance 4] Other Business 5] Adjourn to Friday, February 4, 1994 at 7 :00 A.M. TENTATIVE AGENDA COMMITTEE OF THE WHOLE FEBRUARY 4 , 1994 1] Roll call at 7 :00 A.M. 2] Approval of Agenda 3] Proposed Zoning Ordinance 4] Other Business 5] Adjourn at 9 : 00 A.M. Dennis R. Kraft City Administrator HAZARDOUS CHEMICALS AND THE SHAKOPEE ZONING ORDINANCE ALTERNATIVE 1: STATUS QUO * Maintain status quo in the Light Industrial (I-1) and Heavy Industrial (I-2) Zoning Districts. ALTERNATIVE 2: REFER ENVIRONMENTAL APPROVAL TO OUTSIDE AGENCY * Expand manufacturing, fabricating, and processing into the I-1 District. * Refer the environmental approval to the appropriate outside agencies (EPA, OSHA, MPCA, SCEH). * Possibly require the processing of an Environmental Assessment Worksheet (EAW). ALTERNATIVE 3: DEFINE SPECIFIC QUANTITATIVE LEVELS * Expand manufacturing, fabricating, and processing into the I-1 District. * Create quantitative levels for hazardous wastes generated by each use. ALTERNATIVE 4: COMBINE ALTERNATIVES 3 AND 4 r 4 17k °K. �scf d'L ti,6v Su 1901 15 Pev4''►✓i4 n cc_ 54701461416 t°5/v. Pgic vi o t S �wfi 0V5 ( 0-s4C. f-Iar344(16,0S CltenmcuLIS e✓ P-f{-vz' crwv\ Raktds s�4s afar Ada d�ltvt�fs CAVVy aVtr a voaGU hu3uvc4.4 mc,vJ wltk sub4 lI AJ tv. er s;.(to !2f 13, 5 6 O cf ov- r u(c_ Aht, , _•'__ ..._�_.. � _-iter_ ._......: reit_ ... . .�.�.,•>._...-�_._'a_.a.__t_�.✓_...__.�'"-:_ �..-.`-, _�. erre. • EbAw Q. fS Mandatory EAW Category Mandatory EIS Category Exemption • t . • Industrial/Commercial/Institutional Facilities Note that projects of these types nay also fit various other specc irdcsvial categories or the categories for: air pollution, water appropriation and impoundments, stream diversion, wetlands and protected waters, agriculture and forestry, natural areas, historic places, mixed commercial-residential,sports or enterrair✓rent facilities,or cornmw.ication towers 4410.4300, subp. 14 4410.4400, subp. 11 4410.4600, subp. 10 struction of a new or expansion of an A.Construction of a new or expansion of an A.Construction of a new or expansion of an A.existing •anhousing or lilt industria) existing warehousing or light industrial existing industrial, commercial, or institu- facility equal to or in excess of the follow- facility equal to or in excess of the follow- tional facility of less than the following ing thresholds, expressed as gross floor ing thresholds, expressed as gross floor thresholds, expressed as gross floor space, space: space. provided that nopart of the development is 1. Unincorporated area, 150,0(X)sq.ft. 1. Unincorporated ar..a,375,00 sq.ft. within a water-elated land use management .4-14.0:1_ 2.Third or fourth class city,300,00 sq.ft. 2.Third or fourth class city,750,000 sq.ft district: 3. Second class thy,450,000 sq.ft. 3. Second class city, 1,000,000 sq. ft. 1.'Third or fourth class city or tmincor- • 4. Fust class city,600,00 sq.ft. 4. First class city, 1,500,000 sq.ft posted a.—a,50,000 sq.ft. (lam) (7real) 2.Second class city,75,000 sq.ft. 3. First class thy, 100,000 sq.ft.,if no part B. struction of a new or expansion of an B.Construction of a new or expansion of an of the development is within a shorsland existing Indus • or insures- existing industrial, convnercial, cr institu- area, delineated flood plain, state or tional fecrli er than a warehousm or tional facility, other than a warehousing or federally designated wild and scenic . light industrial acil ty or m excess light industrial facility equal to or in excess rivers district,the Minnesota River Project of the following thresholds, expressed as of the following thresholds, expressed as Rive-wend area, or the Mississippi head- ' gross floor space: gross floor space: waters areas. • 1. Unincorporated area, 100,000 sq.ft 1. Unincorpora area,250,000 sq.ft. -2.2 Third or fourth class city,200,000 sq.ft. 2Third1d or fourth classB.Construcon of an industrial,commercial,or city,500,000 sq.ft institutional facility with less than 4,000 3. Second class city,300,000 sq.ft. 3.Second class city,750,000 sq.ft. fit of gross floorspace,and with as- 4. First class city,400,000 sq.ft. 4.Fin classsquare city, 1,000,000 sq.ft sciated pa.l Ing facilitieesigned for 20 (Local) (Local) • vehicles or less. C.Construction of a new or expansion or an C.Construction of a new or expansion of art existing industrial, commercial, or institu- exiting industrial,commercial,or institution- • tional facility of 20,000 of more square feet al facility of 100,000 or more square feet of - of grand area,if the local governmental unit ground area,if the local governmental unit has not adopted approved water-related land has not adopted approved water-related land use management district ordinances or plans, use management district ordinances or plans, as applicable,and either the project involves as applicable,and with the project involves riparian frontage of 20,000 or more square riparian frontage or 100,000 or more square feet of ground area to be developed is within feet of ground sets to be developed is within - a water-related land use management district. - a water-related Land use management district. However,this item only applies to shoreland However,this it=only applies to shoreland areas,floodplain,and state wild and scenic areas,floodplain,and state wild and scenic rivers land use districts if the local unit of rivers land use districts if the local government has received official notice from governmental mit has received official the Department of Natural Resources that it notice from the Department of Natural must adopt applicable land use management Resources that it must adopt applicable land district ordinances within a specific period use management ordinances within a of time.(Local) specified period of tune.(Local) •Holes Terms used in these categories mean the following: • "Warehousing facility" -a subcategory of irdustria!-corrrrercial land use that has as its primary function the storage of goods or materials;other uses,such as office space ors sales space may be preser.t in small amounts. r• "Light Industrial facility" -a subcategory of irdustrisl land use with a primary function other than manufact.ring with less than 500 employees. "Gross floor space" -the total square footage of a!I floors, i clud.ng that of all structures on the project site, but not including parking lots or • approach areas. "Ground area" •this includes the total surface area which would be con.:erred to an impervious surface in conjunction with the project,and does - include parking lots and approaches. City Class 111111 -cities of the first class:pls.,St.Paul,Duluth cities of the second class:20,000 or more population -cities of the third class:10,000 to 20,000 population -cities of the fourth class:less than 10,000 population 41 (The EQB uses the latest reliable population estimates rather than the latest US.Census data in deciding what class a city is of.) ccnti rad nett Fete MPCA ll': «t, T2:TT b55T-TE-NHf >, c >. = c ao ,.o ..t. ..s J ,, 'o •4 r, g 3 -52 -n t a .= E. 0 3ci 0. 3 ^� Q 8 ? '4 c' a Lg° E _ p �. 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Voss, President January 28, 1994 Mayor & Council Members City of Shakopee 129 Holmes St. S Shakopee, MN 55379 Mayor & Council: We have been notified by the City Clerk of meeting dates set by the City Council for discussion of the proposed Zoning Ordinance for the City of Shakopee. We represent Fischer Aggregates, Inc. who own the sand and gravel mining area located along Highway No. 83. As indicated, at your last Council meeting, we would like to make a brief presentation related to the new Zoning Ordinance. We propose to attend the February 4t11 meeting at/An for that purpose. Our proposed revision is to have "Section 11.41 Subdivision 2 Areas Covered" (page 63) revised to read as follows: This section applies only within the 1-2 zone and to those areas approved for lnining4 This, in affect, would restrict mining to the 1-2 District and the Ames and Fischer sites. This would allow Fischer an opportunity to petition for a revision to the existing Plan as presented to the City Planning Commission on December 9th. Thank you in advance for this opportunity. Yours Truly, ate, ohn S. Voss Planning Consultant Fischer Aggregates, Inc. JV: fmw PLANNING LANDSCAPE ARCM TF.CTUR£ SITE DESIGN .51.44-2e-1;94 1F.:4�{ ..1.724313e -3; . 3: Y.�:� February 1, 1994 Mayor Laurent and Members of the City Council, (41)® City of Shakopee 129 Holmes Street Shakopee, MN 55379 UNIVERSAL Re : City of Shakopee Zoning Ordinance FOREST PRODUCTS® Mr. Mayor and Members of the City Council, INC. I am writing today concerning the letter that we at Universal Forest Products received from the City Clerk dated January 26 . The letter asks that we A manufacturer, treater and submit in writing any comments regarding our view distributor of lumber products for of the proposed ordinance as it applies in our the do-it-yourself,manufactured case . Section 11 . 32 Light Industrial Zone (I-1) housing, wholesale lumber and Subdivision 3 Conditional Uses Item A states industrial markets. "assembly, manufacturing, fabrication, or processing except those involving the use of explosive material, hazardous chemicals, or petroleum products . " The Zorc recommendation proposed that "assembly, manufacturing, fabrication, processing and storage facilities, except those involving the use of explosive material, hazardous chemicals or petroleum products" may be permitted if conducted in an enclosed building that meets all Federal and State guidelines . Mr. Mayor, Members of the City Council, we are confused in who we should talk to in regards to our situation. The City Council established the "Zorc Committee" to assist the Planning Commission in rewriting the zoning ordinances, but every time that the Zorc Committee introduces their recommendations to the Planning Commission, "Staff" intervenes with their own version. The confusing thing is that "Staff" was involved with all Zorc Committee Meetings . Why then didn' t they speak out and change the recommendations at that time? In section 11 . 32 Light Industrial Zone (I-1) Subdivision 2 Permitted Uses Item B "research laboratories conducted entirely within an enclosed building" . There is no mention of what is permissible to do research on. We also plan to have a research laboratory in our proposed Treating Plant . We intend to entirely enclose the laboratory in our building, in which we will also be storing 1570 East Highway 101 our CCA (Chromated Copper Arsenate) chemical, which Shakopee, MN 55379 is odorless, non-flammable and non-explosive. TEL: (812)496-3080 PE) Mr. Mayor, Members of the City Council, we have been working on this project since August 20, 1992 . We have done whatever the Planning Commission and the City Council have asked us to do. The following are some examples . A) Addressed the concerns of the neighbors (Shakopee Village Complex) . (See enclosed letter. ) At our last meeting with the association, we all came away with a willingness to work the major issues out . (i .e. , Universal would provide a Green Space between our plant and the townhomes . ) B) We met with Allen Frechette from Scott County Environmental Health Department and feel we have addressed his concerns about storm water run-off . Since the treatment process will be in a facility that is completely self contained and the storage of all finished treated material will be under cover. The risk of storm water run-off will be eliminated. C) After being turned down initially by the City Council, it was suggested that we seek a text amendment, which we proceeded to do. The amendment was then voted down in final approval because the ordinance was going to be rewritten, and they would try to implement or write something in the new ordinance so that we wouldn' t need a Conditional Use Permit . D) City Planning Staff had offered to help us in relocating. Due to the length of the zoning process, certain sites were not suitable for our needs or had been sold. We have found that property available with rail access in the city of Shakopee with the correct zoning is very limited and or cost prohibitive . E) We had been asked by the Planning Commission for additional information from OSHA and the EPA on the proper processing and storage of CCA (Chromated Copper Arsenate) . We also provided the Universal Forest Products policy manual in defining guidelines for low hazardous waste generators . (See enclosed packet . ) We have given the staff information on Hazardous Materials, information on our treating process, the methods that we use to build our plants, and we have given the staff the E. P.A. manual to help better define the guidelines for low hazardous waste generators . F) We have offered to all City Council Members, the Planning Commission Members and City Staff to fly them to one of our 16 other Wood Treating Plants to see for themselves how we operate and maintain our equipment and facilities . G) On November 6th, 1993 , Universal Forest Products went from a privately-held company to a publicly-held company. This change does not affect our commitment to safety or the environment it does however, increase our responsibility to many more stockholders who expect a favorable return on their investment . This will ensure long-term stability in our treating practices . (11;) Mr. Mayor, Members of the City Council, we are deeply concerned on the future for Universal Forest Products in Shakopee. Currently, as it sits today, we have an option on an adjacent piece of property. With proper zoning, we would be assured that our future growth would not be held up in red tape . This acquisition obviously would be contingent on the new zoning ordinance . Mr. Mayor, Members of the City Council, it seems that we are at a "dead end" . The Planning Commission and the City Council must decide which direction they are heading. We hope this procedure can be completed soon so we can initiate our growth plans for 1994 . If anyone has any questions, please feel free to call me at our office at 496-3080, or if it is late call me at home at 440-5660 . We will be ready to discuss anything regarding our position. Thank you for your time and consideration. Sincerely, UNIVERSAL FOREST PRODUCTS Scot rtini G ral Manager of Operations UNIVERSAL FOREST July 27, 1993 - PRODUCTS 1570 East Highway 101 Mr. Paul D. Holtz Shakopee, MN 55379 1409 East 4th Avenue Telephone(612)496-3080 Shakopee, Mn 55379 A nationwide network of building material distribution centers, manufacturing facilities and wood treatment Dear Mr. Holtz: plants serving the housing, commercial and industrial markets. We have read your letter to the editor in the Shakopee Valley News July 23, 1993. We are saddened by your feelings that our offers of building a berm or even place a strip of land between the Shakopee Village and our proposed wood preservation facility have "vanished". Our plans have not changed. We are very sensitive to the needs of your neighborhood and will continue in our effort to make our facility workable on our land. This includes the possibility of some sort of buffer yet to be determined by us with your input to take care of the needs of Shakopee Village as well as Universal Forest Products. We invite your input with regard to this as we wish to continue to be a good neighbor of yours as well as the City of Shakopee! If you have any questions please don't hesitate to call us. Respectfully, UNIVERSAL FOREST PRODUCTSOD 1141.9.4 pW).4/ (�fiDU .mes W. Scheible General Manager of Operations cc: Gary Laurent, Mayor of Shakopee A " Editor, Shakopee Valley News aUniversal Company DORSEY & WHITNEY A Paarnnasarp 1xcLLDI,.o PROFESSIONAL CORPORATIONS NEW YORK PILLSBURY CENTER SOUTH ROCHESTER,MN WASHINGTON, D. C. 220 SOUTH SIXTH STREET MINNEAPOLIS, MINNESOTA 55402-1498 BILLINGS DENVER (612) 340-2600 GREAT FALLS ORANGE COUNTY, CA FAX(612)340-2868 MISSOULA LONDON G.TARRY GRIFFITH.P.A. DES MOINES BRUSSELS (612)340-2747 FARGO February 2, 1994 City Council City of Shakopee c/o Lindberg Ekola Members of the Council: As you are aware, Valleyfair is vitally interested in the provisions of the proposed Comprehensive Zoning Ordinance which you are considering. Valleyfair became aware of the proposed Ordinance late into the Planning Commission review process, and as a consequence, was not able to submit specific language to the City Staff as the proposed Ordinance was being considered by the Planning Commission. Valleyfair did appear at the last two Planning Commission Hearings and submitted its concerns and suggestions to the Planning Commission and the Staff. We have reviewed the proposed Ordinance and would like to submit this letter as a brief enumeration of the areas of concern that currently exist. Valleyfair, the Staff and the Planning Commission all agree that a separate zoning classification for "Major Amusement Parks" should be incorporated into the new Ordinance. However, due to the fact that Valleyfair only recently became aware of the proposed changes, comprehensive provisions for the new classification have not as yet been prepared. Dorsey & Whitney, at Valleyfair's expense, is preparing proposed terminology for the new classification, and will have a draft available to the City Council very shortly. In order not to slow down the review and adoption process, Valleyfair needs to have the following changes incorporated into the new Ordinance until such time as all of the provisions surrounding the Major Amusement Park classification are agreed upon and adopted: 1. "Commercial Recreation, Major" is not a permitted use in the proposed I-2 zoning classification. Commercial Recreation, Major is a permitted use only in the Race Track District. Valleyfair currently is City Council DORSEY & `\ H ITN 1.Y City of Shakopee February 2, 1994 Page 2 zoned I-2, and Commercial Recreation, Major is a permitted use. We ask that this continue in the new Ordinance until a Major Amusement Park classification is adopted. 2. The proposed Ordinance requires a Conditional Use Permit for every "structure" to be erected within the flood fringe area. This puts a procedure in process which is unworkable, both from Valleyfair's position and the City's, due to the large number of structures that are constructed each year by Valleyfair. 3. Valleyfair is in the process of petitioning to have the bulk of our property removed from the floodplain. The property will be mapped out as a result of the levy and dike system which Valleyfair has constructed under the direction of Barr Engineering who has worked in concert with the Minnesota Department of Natural Resources. The proposed Ordinance will not permit property to be removed from the floodplain zone by levees or dikes, only by "fill." We request that this be changed. The Application is currently in the hands of the City, and it would be helpful if it could be executed, so that it can be processed with the State. As has always been the case, Valleyfair wants to work with the City to avoid creating any delays in the approval process. Therefore, we believe the above changes should be incorporated until such time as the Major Amusement Park classification is adopted. Our office will work with the City staff on specific language to reflect the changes suggested above. Ver 'tr ly yours, ` rry • th As Atorney or Valleyfair GLG:kh ORDINANCE NO. , FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE CITY CODE BY REPEALING CHAPTER 11, LAND USE REGULATION (ZONING) AND ADOPTING ONE NEW CHAPTER IN LIEU THEREOF RELATING TO THE SAME SUBJECT. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS : Section 1 - That the City Code is hereby amended by repealing Chapter 11, Land Use Regulation (Zoning) , and adopting one new chapter in lieu thereof, which shall read as follows : SEC. 11. 01. TITLE, PURPOSE AND INTERPRETATION. Subd. 1. Title. Chapter 11 of the Shakopee City Code shall be known and may be referred to as the "Zoning Ordinance" or the "Zoning Chapter" . When referred to herein it shall be known as "this Chapter" . Subd. 2 . Purpose. This Chapter is enacted to promote the public health, safety, and general welfare of the City of Shakopee through the following: A. encouraging the planned and orderly development of residential, business, industrial, recreational and public land; B. providing adequate light, air and convenience of access to property; C. limiting congestion in the public right-of-way; D. preventing overcrowding of land and undue concentration of population and structures; E. providing for the compatible integration of land uses and the most appropriate use of land; F. encouraging development in accordance with the City' s comprehensive plan; G. conserving the natural beauty and environmental assets of the City; H. protecting water resources and water quality; I. facilitating the provision of water, utilities and sewage disposal to property as appropriate; 1 L • L - • - L . . L L L L • . • •1 - L L L � L L J. protecting the population from fire and other hazards to public safety; and K. providing for the administration of this Chapter and amendments to it, defining the powers and duties imposed by this Chapter and prescribing penalties for violation of its provisions . Subd. 3 . Scope. From and after the effective date of this Chapter, the use of all land and all structures erected, altered, enlarged, or relocated, and every use accessory thereto, shall be in conformance with the provisions of this Chapter. Any existing use, structure, lot, or development which was legally established but is not in conformance with the provisions of this Chapter shall be regarded as non-conforming and may continue in existence only for such period of time and under such conditions as is provided for in Sec . 11 . of this Chapter. Subd. 4 . Application of Rules . A. In their interpretation and application, the provisions of this Chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals, general welfare, and sound planning. B. Where any provision of this Chapter is either more restrictive or less restrictive than a comparable provision imposed by any other code, ordinance, statute, or regulation of any kind, the more restrictive provision, or the provision which imposes a higher standard or requirement, shall prevail . C. No land shall be used, and no structure shall be erected, converted, enlarged, reconstructed, altered, removed, or used, for any purpose or in any manner which is not in conformity with the provisions of this Chapter. D. Structures within the public right-of-way are not covered by the provisions of this Chapter except as specifically provided in this Chapter. E. Words or terms defined in this Chapter shall have the meanings assigned to them unless such meaning is clearly contrary to the intent of this Chapter. The present tense shall include the past and future tenses . Subd. 5 . Severability. Every section or subdivision of this Chapter is declared separable from every other section or subdivision. If any section or subdivision is held to be invalid by competent authority, no other section or subdivision shall be invalidated by such action or decision. 2 SEC. 11. 02 . DEFINITIONS. — The following terms, as used in this Chapter, shall have the following meanings : 1. "Agricultural Use" - The use of land for the growing or production of field crops, livestock, or livestock products, including but not limited to the following: — A. field crops such as barley, soy beans, corn, hay, oats, potatoes, rye, sorghum, and sunflowers. B. livestock such as dairy and beef cattle, goats, horses, ponies, sheep, hogs, poultry, game birds, — dogs, deer, rabbits, mink, and bees . C. livestock products such as milk, butter, cheese, eggs, meat, fur, and honey. This term does not include the use of land as a commercial feed lot or for processing any agricultural product . 2 . "Airport or Heliport" - Any land or structure which is principally used or intended for use for the landing and takeoffs of aircraft, and any land or structure accessory thereto. 3 . "Alley" - A public right-of-way which affords a secondary means of access to abutting property. 4 . "Basement" - A portion of a building located wholly or partially below grade. 5. "Bed and Breakfast Inn" - A building in which lodging _ and meals are provided for compensation and which is open to the traveling public for a stay not to exceed thirty (3 0) days . — 6 . "Bluff" - A topographic feature wholly or partially within the shoreland overlay zone rising at least 25 feet above the ordinary high water level of the — waterbody and having an average grade from the toe of the bluff to a point at least 25 feet above the ordinary high water level of at least 30 percent and which slope drains toward the waterbody. The term does not include any area which has an average slope of less than 18 percent over a distance of 50 feet or more. -- 7 . "Building" - Any structure having a roof which may provide shelter or enclosure for persons, animals, or things . 4 8 . "Business Complex" - A building or group of connected — buildings containing two or more businesses . 9 . "Church" - Any establishment, together with its accessory structures and uses, in which persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship. 10 . "Clinic" - Any establishment where human patients are examined or treated by licensed practitioners not involving overnight stays . For this purpose, licensed practitioners includes physicians, dentists, osteopaths, chiropractors, optometrists, psychologists, therapists, and physical therapists . 11. "Club" - Any establishment operated for social, recreational or educational purposes open only to members and not to the general public . 12 . "Commercial Recreation" A. Major - A structure or open space designed, constructed and operated by private enterprise for recreational purposes and open to the general public . The minimum area shall be 150 acres on either one lot or contiguous parcels under one ownership, in which 50% of the lot or parcels are — permanently developed. The facility shall abut a street designated in the Comprehensive Plan as a principal arterial, minor arterial, or collector street . Such facilities may include amusement parks, Class A licensed horse racetracks and similar enterprises . B. Minor - A structure or open space designed, constructed, and operated by private enterprise for recreational purposes and open to the general public. The facility must meet the minimum lot size of the zone. Minor commercial recreation facilities shall be all commercial recreation facilities which do not meet the standards of a major commercial recreation facility. Such facilities may include bowling alleys, tennis courts, campgrounds, and similar uses . 13 . "Comprehensive Plan" - The compilation of the goals, policy statements, standards, programs and maps for guiding the physical, social and economic development, both public and private, of the City and its environs, as most recently adopted by the City Council and approved by the Metropolitan Council . The term 5 includes any unit or part of such plan and any amendment thereto. 14 . "Day Care Facility" - A facility licensed by the State of Minnesota to provide care for a child outside of the child' s own home for gain or otherwise, on a regular basis, for any part of a 24-hour day. For this purpose, a child is a person who is under 18 years of age. 15 . "Dwelling" - A building or portion thereof designed for '- residential purposes and providing complete living facilities for one family. 16 . "Dwelling, Detached" - A dwelling unit having open space on all sides . 17 . "Dwelling, Single-Family" - A building designed for and occupied exclusively by one family. 18. "Dwelling, Two-Family" - A building designed for and occupied exclusively by no more than two families living independently of each other. 19 . "Dwelling, Multiple-Family" - A building designed for and occupied exclusively by three or more families living independently of each other. 20 . "Easement" - A grant by a property owner of the use of land by the public or appurtenant to another property for a specific purpose or purposes . 21. "Essential Utility Services" - Underground or overhead gas, electrical, steam, or water transmission or distribution systems; collection, communication, supply or disposal systems including poles, wires, mains, drains, sewers, pipes, lift stations, conduits, cables, fire alarm boxes, police call boxes, traffic signals, fire hydrants, or other similar equipment and accessories in conjunction therewith; but not including buildings, electrical stations and substations, and ,., water storage reservoirs . 22 . "Essential Utility Service Structures" - Any building or large structure necessary for the operation of public or private essential utility services, including, but not limited to, telephone buildings, telephone booths, gas regulator stations, water tanks or towers, electrical stations or substations, and water storage reservoirs . 23 . "Existing" - Any structure or use which was in place or 6 for which a building permit had been issued, and any lot which had been preliminarily platted, as of the effective date of this Chapter. In order to have an existing lot for a two-family dwelling, the lot must have two sanitary sewer stubs . 24 . "Exterior Storage" or "Open Storage" - The storage of goods, materials, equipment, manufactured products, or similar items, not fully enclosed by a building, on a 24-hour-a-day basis for at least 7 days per year. - 25 . "Family" - Any number of individuals related by blood, marriage, or adoption, or up to four individuals not so related living together as a single housekeeping unit . 26 . "Fence" - Any partition, structure, wall or gate erected as a dividing marker, barrier or enclosure and located along a property boundary, or within a lot . 27 . "Flood" - A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake which results in the inundation of normally dry areas . 28 . "Flood Frequency" - The average frequency, statistically determined, for which it is expected that a specific flood state or discharge may be equalled or exceeded. 29 . "Flood Fringe" - That portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the flood — insurance study for the City. 30 . "Flood Plain" - The bed of a wetland or lake, or the _ channel of a watercourse, and areas adjoining the bed or channel, which have been or hereafter may be covered by the regional flood. 31. "Floodproofing" - A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages . 32 . "Floodway" - The bed of a wetland or lake and the channel of the watercourse and those portions of the 'NNW adjoining flood plain which are reasonably required to carry or store the regional flood discharge. 33 . "Floor Area" - The sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls . The term shall include basements but not porches, balconies, 7 breezeways, or attic areas having a head room of less than 7' 6" . 34 . "Floor Area Ratio" - The numerical value obtained through dividing the floor area of a building by the area of the lot or parcel of land on which such building is located. 35 . "Frontage" - That boundary of a lot which abuts an existing or dedicated street . 36 . "Garage" - An accessory building or portion of a principal building, which is used primarily for storing personal vehicles . 37 . "Group Family Day Care Facility" - Any facility licensed by the State to provide day care for no more than 14 children at any one time, including all children of the care giver when the children are present at the facility. For this purpose, children are persons who are under 18 years of age . 38 . "Height" - For a building, height is the vertical distance between the ground and the top of the cornice _ of a flat roof, a point on the roof directly above the highest wall of a shed roof, or the mean height of the highest gable on a pitched or hip roof . For any other structure, height shall be the vertical distance between the ground and the highest point of the structure . For new construction, the ground level shall be the original or pre-construction average — ground elevation adjoining the structure' s footprint; for existing construction, the ground level shall be the average ground elevation of the structure. 39 . "Home Occupation" - Any gainful occupation or profession engaged in by the occupant of a dwelling at or from the dwelling when carried on within a dwelling unit or an accessory building. 40 . "Hotel" - A building, other than a bed and breakfast inn, used as a temporary residence by the travelling public, in which ingress and egress to and from all rooms is made through an inside lobby. 41. "Impervious Surface Percentage" - The area of any lot covered by material which is impervious to penetration by water, divided by the total lot area. 42 . "Junkyard" - Any area where used, waste, discarded, or salvage materials are bought, sold, exchanged, stored, baled, cleaned, patched, disassembled, or handled; 8 including scrap iron and other metals, paper, rags, rubber products, bottles, and used construction materials, but excluding refuse or the storage of material in conjunction with construction or a manufacturing process . 43 . "Landscaping" - Plantings such as trees, grass, or shrubs . 44 . "Loading Space" - A space accessible from a street, alley, or driveway for the use of vehicles while loading or unloading merchandise or materials . 45 . "Lot" - An area, parcel, or tract of land which was created or is recognized as a lot under Chapter 12 of the City Code. 46 . "Lot Area" - The area of a lot on a horizontal plane bounded by the lot lines, excluding dedicated rights- of-way. 47 . "Lot, Corner" - A lot situated at the junction of, and abutting on two or more intersecting streets, or a lot at the point of deflection in alignment of a continuous _ street, the interior angle of which does not exceed 135 degrees . 48 . "Lot Depth" - The mean horizontal distance between the front lot line and the rear lot line . 49 . "Lot, Interior" - A lot other than a corner lot . 50 . "Lot Line" - A line bounding a lot, except that where any portion of a lot extends into a public right-of-way, the line of such public right-of-way shall be the lot line . 51. "Lot Line, Front" - The boundary of a lot which abuts a right-of-way. In the case of a corner lot, the term shall mean the shorter or shortest dimension abutting a right-of-way. For any lot other than a corner lot which abuts more than one street, all boundaries abutting and parallel to the streets shall be front lot lines . 52 . "Lot Line, Rear" - The boundary of a lot which is opposite or most distant from the front lot line . 53 . "Lot Line, Side" - Any boundary of a lot which is not a front lot line or a rear lot line . 54 . "Lot Width" - The horizontal distance between the side 9 lot lines of a lot measured parallel to the front lot — line and at the building setback line . 55 . "Manufactured Home" - Any structure, transportable in — one or more sections, which in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent — chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, — air conditioning, and electrical systems contained therein. 56 . "Mining" - The extraction of sand, gravel, rock, soil or other material from the land exceeding 1000 cubic yards and the removing thereof from the site without processing. The term shall not include removal of — materials associated with construction of a building or grading of a subdivision, provided such removal is an approved item in the building permit . 57 . "Motel" - A building or group of buildings other than a hotel or bed and breakfast inn used as a temporary residence by the traveling public . — 58 . "Nonconformity" - Any land, use, or structure lawfully existing on the effective date of this Chapter which does not comply with all the requirements of this Chapter or any amendments hereto governing the zone in which such land, use, or structure is located. 59 . "Noxious Matter" - Matter capable of causing injury to living organisms by chemical reaction, or capable of causing detrimental effects on the physical or economic well-being of individuals . 60 . "Nursing Home" - Any institution or facility required — to be licensed as such by the Minnesota Commissioner of Health under Minnesota Statutes, Chapter 144A. — 61. "Obstruction" - Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or other matter in, — along, across, or projecting into any channel, watercourse, or regulatory flood hazard area 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, or which is placed where the flow of water might carry the same downstream to the damage of life or property. 10 62 . "Opaque" - At least eighty percent (80%) of the view from the opposite side is blocked, when observed from a point perpendicular to the opaque material, fence, or wall . 63 . "Open Sales Lot" - Land devoted to the display of goods for sale, rent, trade, or advertising purposes, where such goods are not enclosed within a building, on a 24- hour-a-day basis for at least 7 days per year. 64 . "Ordinary High Water Level" - The boundary of public waters or wetlands at an elevation delineated by the Minnesota Department of Natural Resources as the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial . For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel . For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool . 65. "Parking Space" - A suitably surfaced and permanently maintained area on privately owned property, either within a building or outside . 66 . "Performance Standards" - Criteria established to control noise, odor, dust, fumes, toxic or noxious matter, vibration, fire or explosive hazards, glare, heat, or other characteristics generated by or inherent in uses of land or structures . 67 . "Planned Unit Development" - A process used to acquire approvals for a project or development which requires the preparation of plans as specified herein and, upon approval of said plans by the City, establishes the land use pattern; the density or intensity of use; yard, lot coverage, landscaping, building height and spacing requirements; the architectural character of the project; pedestrian and vehicular system locations; outdoor storage; loading, signage, parking and open space requirements and locations; and such other requirements as are deemed necessary and appropriate for the area encompassed by the PUD. 68. "Public Building" - Any structure sheltering or enclosing a governmental use or activity. 69 . "Public Recreation" - Any use commonly provided for and open to the public at parks, playgrounds, community centers or other similar sites owned or operated by a 11 unit of government for the purpose of providing recreation. 70 . "Reach" - A longitudinal segment of a stream or river influenced by a natural or human-made obstruction. 71. "Recreational Equipment" - Any structure, device or _ furnishing used for recreational purposes which is not larger than 600 square feet or 4000 cubic feet including, but not limited to swing sets and slides, sandboxes, picnic tables, jungle gyms and similar items . 72 . "Regional Flood" - A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval . The regional flood is synonymous with the term "base flood" as used in the flood insurance map of the City. 73 . "Regulatory Flood Protection Elevation" - The elevation not less than one foot above the elevations of the regional flood plus any increases in flood heights attributable to encroachments on the flood plain. 74 . "Residential Facility" - A facility licensed by the State of Minnesota to provide 24-hour-a-day care, supervision, food, lodging, rehabilitation, training, education, habilitation or treatment outside a person' s own home . For this purpose, a person is any individual under 18 years of age or an individual who is 18 years of age or older and who has mental illness, mental retardation or a related condition, a physical handicap or a functional impairment or who is chemically dependent or abuses chemicals . 75 . "Restaurant, Class I" - An establishment serving food to customers while seated at a counter or table and which does not serve alcoholic beverages or provide live entertainment . 76 . "Restaurant, Class II" - An establishment serving food to customers which is not a Class I restaurant . 77 . "Retail" - The sale of goods or services directly to the ultimate consumer. -- 78 . "Setback" - The minimum horizontal distance between a structure and a lot line, ordinary high water level, or other specified item. 12 79 . "Shoreland" - Land located within the following distances from public waters : 1, 000 feet from the ordinary high water level of a lake, pond or flowage; or 300 feet from a river or stream, or the landward -- extent of a floodplain designated by ordinance on such a river or stream, whichever is greater. The limits of the shoreland may be reduced whenever the waters — involved are bounded by natural topographic divides which extend landward from the water for lesser distances and when approved by the Commissioner of the Minnesota Department of Natural Resources . — 80 . "Sign" - Any letter, work, symbol, device, poster, picture, statuary, reading matter or representation in the nature of an advertisement, announcement, message or visual communication whether painted, pasted, printed, affixed or constructed which is displayed in view of the general public for informational or communicative purpose . 81. "Sign Area" - The entire area within a single — continuous parallelogram enclosing the exterior limits of the message area. Where the sign is double faced, the sign area shall be the maximum area visible from — any one direction. The supports, uprights or structures on which any sign is supported shall not be part of the sign area unless such supports, uprights or structures are an integral part of the display or sign. 82 . "Sign, Area Identification" - A free standing sign, located at the entrance to or within the identified — premises, which identifies the name of a neighborhood, residential subdivision, multiple-family residential complex, shopping center or area, industrial area, — office complex, planned unit development, or any combination of the above, but which does not advertise any business within the area. — 83 . "Sign, Directional" - A sign erected on private property for the purpose of directing vehicular and pedestrian traffic to facilities or functions open to the general public. 84 . "Sign, Free Standing" - A sign which is placed in the _ ground and not affixed to any part of any structure . A free standing sign may be of any of the following types : — A. "Free Standing Pylon Sign" - A sign which is mounted on free standing shafts, posts, or walls which extend more than seven feet in height and — are attached to the ground. 13 B. "Free Standing Ground Sign" - A sign which is — mounted on free standing shafts, posts or walls which are seven feet or less in height and are attached to the ground. C. "Sandwich Board Sign" - A sign which has two single face areas that are attached on only one end so as to create a triangular stance, but which is not permanently affixed to the ground. 85 . "Sign, Government" - A sign which is erected by or with — the approval of a governmental unit . 86 . "Sign, Illuminated" - A sign which has an artificial — light source directed upon it or one which has an interior light source . 87 . "Sign, Institutional" - A sign or bulletin board which identifies the name and other characteristics of a public or private institution on the site where the sign is located. 88 . "Sign, Mural" - Any mural or pictorial scene painted or attached on the wall of a structure or painted on a — sign board affixed to a wall, and which has as its primary purpose artistic effect and an ideological or noncommercial message . 89 . "Sign, Nameplate" - A sign indicating the name of a building, building occupant, development, project, or any sign which serves as a directory of building — occupants . 90 . "Sign, Portable" - A sign so designed as to be movable from one location to another and which is not — permanently attached to the ground or any structure. 91. "Sign, Public Information" - A sign designating time, — temperature or similar non-advertising public information. — 92 . "Sign, Temporary" - Any sign intended to be displayed for a limited period of time only. 93 . "Sign, Wall" - Any sign which is attached or affixed to the exterior wall of any building, and projects from the wall 18 inches or less . — 94 . "Sign, Window" - A sign attached to, placed upon, or painted on the interior or exterior of a window or door of a building and which is intended for viewing from the exterior of such building. 14 1 95. "Street" - A public right-of-way affording primary access by pedestrians and vehicles to abutting properties . — 96 . "Structure" - Anything constructed or erected, the use of which requires a location on, below or above, the ground, or attached to something having a location on the ground, including signs and fences . — 97 . "Subdivision" - The creation of one or more lots under the provisions of Chapter 12 . — 98 . "Tavern" - An establishment where a majority of customers order, are served, and consume alcoholic beverages . 99 . "Toe of the Bluff" - The lower point of a 50-foot segment with an average slope exceeding 18 percent . — 100 . "Top of the Bluff" - The higher point of a 50-foot segment with an average slope exceeding 18 percent . 101. "Use" - The purpose or activity for which the land or structure thereon is designated, arranged, or intended, or for which it is occupied or maintained. 102 . "Use, Accessory" - A use or structure subordinate to and serving the principal use or structure on the same -" lot and customarily incidental thereto . 103 . "Use, Conditional" - A use which is generally permitted — within the zone, but which requires special approval because if not carefully located or designed may have a detrimental impact on neighboring properties . 104 . "Use, Permitted" - A use which may be lawfully established in a zone provided it conforms with all requirements, regulations, and performance standards of such zone . 105 . "Use, Principal" - The main use of land or a structure, — as distinguished from a subordinate or accessory use. 106 . "Variance" - A modification or relaxation of the _ provisions of this Chapter where it is determined that by reason of special and unusual circumstances relating to a specific lot, that strict application of this Chapter would cause an undue hardship, or that strict conformity with the provisions of this Chapter would be unreasonable, impractical or unfeasible under the circumstances . 15 107 . "Vehicle" - Any device in, upon, or by which any person or property is or may be transported or drawn upon a street, except devices used exclusively upon stationary rails or tracks. 108 . "Vehicle, Commercial" - Any vehicle other than a personal vehicle or recreational vehicle . 109 . "Vehicle, Personal" - Any self-propelled vehicle designed and used for the carrying of not more than 15 persons including the driver, truck with a rated — carrying capacity of three-fourths ton or less, motorcycle, or motorbike . — 110 . "Vehicle, Recreational" - Any self-propelled vehicle or vehicle propelled or drawn by a self-propelled vehicle used for recreational purposes, including but not limited to RV' s, campers, snowmobiles, trail bikes, or other all-terrain vehicles, boats, hovercrafts, or motor vehicles licensed for highway operation which may be used for off-road recreational purposes . 111. "Wetland" - Land transitional between terrestrial and aquatic systems where the water table is usually at or _ near the surface or the land is covered by shallow water, as defined in Minn. Stat . Sec . 103G. 005, Subd. 19 . — 112 . "Wholesale" - The sale of goods to an intermediary for resale to another intermediary or to the ultimate consumer. 113 . "Yard" - An open space on a lot surrounding a principal structure, which is unoccupied and unobstructed from — the ground to the sky, except by landscaping or an eave not exceeding 24 inches in width. 114 . "Yard, Front" - The yard extending the width of the lot — from the front lot line to the building setback line. 115 . "Yard, Rear" - The yard extending the width of the lot — extending from the rear lot line to the rear yard setback line. 116 . "Yard, Side" - The yard extending along the side lot line between the front and rear yards, extending perpendicularly from the side lot line to the side yard setback line. 117 . "Zone" - An area or areas within the City for which the regulations and requirements of this Chapter governing uses, lot and bulk of structures and premises are 16 uniform. 118. "Zoning Administrator" - The duly appointed person charged with enforcement of this Chapter, or that person' s designee . 119 . "Zoning Amendment" - A change authorized by the City Council in the text of this Chapter or in the boundaries of a zone. 17 SEC. 11.03 . ZONING MAP. Subd. 1. Adopted. The zoning map is appended to this Chapter and is hereby adopted by reference as though shown in all details herein. The boundaries of the zones are established as shown on the zoning map. The zoning map shall be kept on file in the office of the Zoning Administrator and shall be referred to as the "zoning map" . The map and all of the notations, references and other information shown thereon shall have the same force and effect as if fully set forth herein. All subsequent changes in zoning shall be shown on the zoning map. Subd. 2 . Governs. All property within the City shall have the zoning designation shown on the zoning map. If there is any discrepancy or inconsistently between the zoning map and any other map, ordinance, or source which purports to indicate the zoning of property, the zoning map shall take precedence . Subd. 3 . Intention. Zone boundary lines shown on the zoning map are intended to follow lot lines, the centerlines of streets or alleys, the centerlines of streets or alleys projected, the centerlines of railroad rights-of-way, the center of watercourses, or the corporate limits of the City, unless otherwise indicated. Where a zone boundary line divides a lot _ which was in single ownership at the time of enactment of this Chapter and places portions of such lot in two or more zones, any portion of such lot within 50 feet on either side of the dividing zone boundary line may be used for any use allowed in either zone; provided, however, if any portion of such lot shall extend beyond the 50-foot limitation, the zone line as shown shall prevail . Subd. 4 . Floodplain Overlay Zone. The boundaries of the floodplain zone shall be determined by scaling distances on the _ zoning map. Where interpretation is needed as to the exact location of the boundaries of the zone, or where there appears to be a conflict between a mapped boundary and actual field conditions, the zoning administrator shall make the necessary interpretation. All decisions will be based on elevations on the regional (100-year) flood profile and other available technical data. Subd. 5 . Interpretation. The Zoning Administrator shall interpret the zoning map and the exact location of the zone boundary lines by reference to evidence of the intent of the City Council . Any party aggrieved by an interpretation of the Zoning Administrator under this section may appeal the Zoning Administrator' s decision to the Board of Adjustment and Appeals as outlined in Sec. of this Chapter. Subd. 6 . Annexation. The zoning designation of any area annexed to the City shall remain the same as approved by the governing 18 body with previous jurisdiction over the annexed area, and shall remain in force until modified by the City Council . SECTIONS 11. 04 - 11.19 . Reserved. SEC. 11.20 . ZONES. For the purpose of this Chapter, the City is hereby divided into the following zones : Agricultural Preservation (AG) Rural Residential (RR) Low Density Residential (R-1A) Urban Residential (R-1B) Old Shakopee Residential (R-1C) Medium Density Residential (R-2) Multiple-Family Residential (R-3) Highway Business (B-1) Office Business (B-2) Central Business (B-3) Race Track (RT) Light Industry (I-1) Heavy Industry (I-2) Floodplain Overlay (FP) _ Shoreland Overlay (SH) Mining Overlay (MIN) Planned Unit Development Overlay (PUD) Unless the context clearly indicates to the contrary, reference in this Chapter to residential zones includes AG, RR, R-lA, R-1B, R-1C, R-2, and R-3 ; reference to business zones includes B-1, B-2 , B-3 , and RT; and reference to industry zones includes I-1 and I-2 . • 19 SEC. 11.21. AGRICULTURAL PRESERVATION ZONE (AG) . Subd. 1. Purpose. The purpose of the agricultural preservation zone is to preserve and promote agriculture in the unsewered areas of the City which are suitable for such use, to prevent scattered and leap-frog non-farm growth, and to prevent premature expenditures for such public services as roads, sewer, water, and police and fire protection. Subd. 2 . Permitted Uses. Within the agricultural preservation zone, no structure or land shall be used except for one or more of the following uses : A. agricultural uses; B. single family detached dwellings; C. forestry and nursery uses; D. seasonal produce stands; E. kennels . A kennel is any premise in which more than two domestic animals, over six months of age, are boarded, bred or offered for sale; F. riding academies; G. essential utility services; H. public recreation; I, public buildings; J. day care facilities serving 12 or fewer persons; K. group family day care facilities serving 14 or fewer children; or L. residential facilities serving six (6) or fewer persons . Subd. 3 . Conditional Uses. Within the agricultural preservation zone, no structure or land shall be used for the following uses except by conditional use permit : A. commercial feedlots, which include yards, lots, pens, buildings, or other areas or structures used for the confined feeding of livestock or other animals for food, fur, pleasure, or resale purposes; B. home occupations; 20 C. retail sales of nursery and garden supplies; D. cemeteries; — E. churches and other places of worship; F. agricultural research facilities, which are facilities _ specifically operated for the purpose of conducting research in the production of agricultural crops, including research aimed at developing plant varieties . This term specifically excludes research regarding the — development or research of soil conditioners, fertilizers, or other chemical additives placed in or on the soil or for the experimental raising of animals; G. animal hospitals and veterinary clinics; H. public or private schools having a course of instruction approved by the Minnesota Department of Education for students enrolled in K through grade 12, or any portion thereof; I. commercial recreation, minor; J. essential utility service structures; K. day care facilities serving 13 through 16 persons; L. residential facilities serving from 7 through 16 persons; — M. wind energy conversion systems or windmills; N. relocated structures; 0. structures over 2-1/2 stories or 35 feet in height; P. developments containing more than one principal — structure per lot; or Q. other uses similar to those permitted in this — subdivision, as determined by the Board of Adjustment and Appeals. _ Subd. 4 . Permitted Accessory Uses . Within the agricultural preservation zone the following uses shall be permitted accessory uses : — A. machinery and structures necessary to the conduct of agricultural operations; _ B. garages; 21 C. fences; D. recreational equipment; E. stables; F. swimming pools; G. solar equipment; H. tennis courts; I. receive only satellite dish antennas and other antenna devices; or J. other accessory uses, as determined by the Zoning Administrator. Subd. 5. Design Standards. Within the agricultural preservation zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements : A. Density: one dwelling per 40 acres . B. Lot specifications : Minimum lot width: 1000 feet . Minimum lot depth: 1000 feet . Minimum front yard setback: 100 feet . Minimum side yard setback: 20 feet . Minimum rear yard setback: 40 feet . C. Height : 2-1/2 stories or 35 feet . Grain elevators, barns, silos, and elevator lags may exceed this limitation. Other structures may exceed this limitation only as provided in Subd. 3 .P. above . Subd. 6 . Additional Requirements . A. All dwellings shall have a depth of at least 20 feet for at least 50 percent of their width. All dwellings shall have a width of at least 20 feet for at least 50 percent of their depth. B. All dwellings shall have a permanent foundation in conformance with the Minnesota State Building Code. C. Off-street parking located outside of required setbacks shall be provided for at least two vehicles for all single family dwellings . A suitable location for a 22 garage measuring at least 20 feet by 24 feet which does not require a variance shall be provided and indicated as such on a survey or site plan to be submitted when applying for a building permit to construct a new — dwelling or alter an existing garage. 23 SEC. 11.22 . RURAL RESIDENTIAL ZONE (RR) . Subd. 1. Purpose. The purpose of the rural residential zone is to allow low-density residential development in areas which are — not served by municipal urban services . Subd. 2 . Permitted Uses. Within the rural residential zone, no structure or land shall be used except for one or more of the following uses : A. single family detached dwellings; B. agricultural uses; — C. forestry and nursery uses; D. essential utility services; E. public recreation; F. public buildings; G. day care facilities serving 12 or fewer persons; H. group family day care facilities serving 14 or fewer — children; or I. residential facilities serving six (6) or fewer — persons . Subd. 3 . Conditional Uses. Within the rural residential zone, — no structure or land shall be used for the following uses except by conditional use permit : A. churches and other places of worship; B. home occupations; — C. cemeteries; D. commercial recreation, minor; E. seasonal produce stands when the principal use of the property is agricultural ; F. public or private schools having a course of instruction approved by the Minnesota Department of Education for students enrolled in K through grade 12 , or any portion thereof; G. kennels . A kennel is any premise in which more than — two domestic animals, over six months of age, are 24 boarded, bred, or offered for sale; H. riding academies; I. essential utility service structures, without regard to height; J. day care facilities serving 13 through 16 persons; R. residential facilities serving from 7 through 16 persons; L. wind energy conversion systems or windmills; M. relocated structures; N. structures over 2-1/2 stories or 35 feet in height; O. developments containing more than one principal structure per lot; or P. other uses similar to those permitted in this subdivision, as determined by the Board of Adjustment and Appeals. Subd. 4 . Permitted Accessory Uses . Within the rural residential zone, the following uses shall be permitted accessory uses : A. garages; B. fences; C. gardening and other horticultural uses not involving retail sales; D. one lodging room per single family dwelling; E. recreational equipment; F. machinery and structures necessary to the conduct of agricultural operations; G. stables with not more than two horses per 2-1/2 acre; H. swimming pools; I. solar equipment; J. receive only satellite dish antennas and other antenna devices; K. tennis courts; or 25 L. other accessory uses, as determined by the Zoning — Administrator. Subd. 5 . Design Standards . Within the rural residential zone, — no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements : A. Density: one dwelling per 10 acres . — B. Maximum impervious surface percentage: 30% — C. Lot specifications : Minimum lot width: 150 feet — Minimum lot depth: 200 feet Minimum front yard setback: 50 feet . Minimum side yard setback: 20 feet . Minimum rear yard setback: 40 feet. Setback for accessory machinery and buildings necessary to the conduct of agricultural operations : 100 feet — from all lot lines . D. Height : No structure shall exceed two and one-half (2-1/2) stories or thirty-five (35) feet in height . Subd. 6 . Additional Requirements . — A. All dwellings shall have a depth of at least 20 feet for at least 50 percent of their width. All dwellings shall have a width of at least 20 feet for at least 50 — percent of their depth. B. All dwellings shall have a permanent foundation in conformance with the Minnesota State Building Code . C. Off-street parking located outside of required setbacks shall be provided for at least two vehicles for all — single family dwellings . A suitable location for a garage measuring at least 20 feet by 24 feet which does not require a variance shall be provided and indicated — as such on a survey or site plan to be submitted when applying for a building permit to construct a new dwelling or alter an existing garage. 26 SEC. 11.23 . LOW DENSITY RESIDENTIAL ZONE (R-1A) . Subd. 1. Purpose. The purpose of the low density residential zone is to allow large-lot single family development in areas of the City served by sanitary sewer and water. Subd. 2 . Permitted Uses. Within the low density residential zone, no structure or land shall be used except for one or more of the following uses : A. single family detached dwellings; B. public recreation; C. essential utility services; D. day care facilities serving 12 or fewer persons; E. group family day care facilities serving 14 or fewer children; or F. residential facilities serving six (6) or fewer persons . Subd. 3 . Conditional Uses. Within the low density residential zone, no structure or land shall be used for the following uses except by conditional use permit : A. churches and other places of worship; B. home occupations; C. commercial recreation, minor, but limited to golf courses; D. public or private schools having a course of instruction approved by the Minnesota Department of Education for students enrolled in K through grade 12, or any portion thereof; E. day care facilities serving 13 through 16 persons; F. residential facilities serving from 7 through 16 persons; G. structures over 2-1/2 stories or 35 feet in height; H. developments containing more than one principal structure per lot; or I. other uses similar to those permitted in this subdivision, as determined by the Board of Adjustment 27 and Appeals . Subd. 4 . Permitted Accessory Uses. Within the low density residential zone, the following uses shall be permitted accessory — uses : A. garages; B. fences; C. recreational equipment; D. gardening and other horticultural uses not involving retail sales; E. swimming pools; F. tennis courts; G. solar equipment; or — H. other accessory uses, as determined by the Zoning Administrator. — Subd. 5 . Design Standards. Within the low density residential zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements : — A. Density: one dwelling per 20, 000 square feet . — B. Maximum impervious surface percentage : 50% C. Lot specifications : Minimum lot width: 90 feet Minimum lot depth: 180 feet — Minimum front yard setback: 35 feet. Minimum side yard setback: 15 feet . Minimum rear yard setback: 40 feet . D. Height : No structure shall exceed two and one-half (2-1/2) stories or thirty-five (35) feet in height . Subd. 6 . Additional Requirements . A. All dwellings shall have•a depth of at least 20 feet — for at least 50 percent of their width. All dwellings shall have a width of at least 20 feet for at least 50 percent of their depth. 28 B. All dwellings shall have a permanent foundation in "- conformance with the Minnesota State Building Code . C. Off-street parking located outside of required setbacks — shall be provided for at least two vehicles for all single family dwellings . A suitable location for a garage measuring at least 20 feet by 24 feet which does — not require a variance shall be provided and indicated as such on a survey or site plan to be submitted when applying for a building permit to construct a new dwelling or alter an existing garage. — 29 SEC. 11.24 . URBAN RESIDENTIAL ZONE (R-1B) . Subd. 1. Purpose. The purpose of the urban residential zone is to provide an area for residential development where public — sanitary sewer and water are available. Subd. 2 . Permitted Uses. Within the urban residential zone, no — structure or land shall be used except for one or more of the following uses : A. single family detached dwellings; B. existing single family attached dwellings; — C. existing two family dwellings; D. public recreation; E. essential utility services; F. public buildings; G. day care facilities serving 12 or fewer persons; — H. group family day care facilities serving 14 or fewer children; or I. residential facilities serving six (6) or fewer persons . Subd. 3 . Conditional Uses. Within the urban residential zone, — no structure or land shall be used for the following uses except by conditional use permit : A. churches and other places of worship; B. home occupations; — C. cemeteries; D. public or private schools having a course of — instruction approved by the Minnesota Board of Education for students enrolled in K through grade 12, or any portion thereof; E. bed and breakfast inns; F. essential utility service structures; G. day care facilities serving 13 through 16 persons; — H. residential facilities servicing from 7 through 16 30 persons; I. relocated structures; J. structures over 2-1/2 stories or 35 feet in height; K. developments containing more than one principal structure per lot; or L. other uses similar to those permitted by this subdivision, as determined by the Board of Adjustment and Appeals . Subd. 4 . Permitted Accessory Uses . Within the urban residential zone, the following uses shall be permitted accessory uses : A. garages; B. fences; C. recreation equipment; D. gardening and other horticultural uses not involving retail sales; E. swimming pools; F. tennis courts; G. solar equipment; or H. other accessory uses, as determined by the Zoning Administrator. Subd. 5 . Design Standards. Within the urban residential zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements : A. Density: one single family dwelling per 9, 000 square feet; one existing two-family dwelling per 11, 000 square feet . B. Maximum impervious surface percentage : 50% C. Lot specifications : Minimum lot width (single-family detached) : 60 feet; (existing two-family dwelling) : 70 feet Minimum lot depth: 100 feet Minimum front yard setback: 30 feet 31 Minimum side yard setback: 10 feet Minimum rear yard setback: 30 feet D. Height : No structure shall exceed two and one-half — (2-1/2) stories or thirty-five (35) feet in height . Subd. 6 . Additional Requirements . A. All dwellings shall have a depth of at least 20 feet for at least 50 percent of their width. All dwellings shall have a width of at least 20 feet for at least 50 — percent of their depth. B. All dwellings shall have a permanent foundation in conformance with the Minnesota State Building Code. C. Off-street parking located outside of required setbacks _ shall be provided for at least two vehicles for all single family dwellings . A suitable location for a garage measuring at least 20 feet by 24 feet which does not require a variance shall be provided and indicated — as such on a survey or site plan to be submitted when applying for a building permit to construct a new dwelling or alter an existing garage. 32 SEC. 11.25. OLD SHAKOPEE RESIDENTIAL ZONE (R-1C) . Subd. 1. Purpose. The purpose of the Old Shakopee residential zone is to provide an area for the continuation of existing residential development and development of existing lots in the older residential areas where public sanitary sewer and water are available . The combination of small lots is encouraged. Subd. 2 . Permitted Uses. Within the Old Shakopee residential zone, no structure or land shall be used except for one or more of the following uses : A. single family detached dwellings; B. single family attached dwellings, up to a maximum of two dwellings; C. two family dwellings; D. public recreation; E. essential utility services; F. public buildings; G. day care facilities serving 12 or fewer persons; H. group family day care facilities serving 14 or fewer children; or I. residential facilities serving six (6) or fewer persons . Subd. 3 . Conditional Uses. Within the Old Shakopee residential zone, no structure or land shall be used for the following uses except by conditional use permit : A. churches and other places of worship; B. home occupations; C. cemeteries; D. hospitals and clinics; E. public or private schools having a course of instruction approved by the Minnesota Board of Education for students enrolled in K through grade 12 , or any portion thereof; F. bed and breakfast inns; 33 G. funeral homes; H. essential utility service structures; — I. day care facilities serving 13 through 16 persons; J. residential facilities servicing from 7 through 16 — persons; K. relocated structures; — L. structures over 2-1/2 stories or 35 feet in height; M. developments containing more than one principal structure per lot; or N. other uses similar to those permitted by this _ subdivision, as determined by the Board of Adjustment and Appeals . Subd. 4 . Permitted Accessory Uses . Within the Old Shakopee — residential zone, the following uses shall be permitted accessory uses : — A. garages; B. fences; — C. recreation equipment; D. gardening and other horticultural uses not involving — retail sales; E. swimming pools; F. tennis courts; G. solar equipment; or — H. other accessory uses, as determined by the Zoning Administrator. Subd. 5 . Design Standards. Within the Old Shakopee residential zone, no land shall be used, and no structure shall be _ constructed or used, except in conformance with the following minimum requirements : A. Density: one single family dwelling per 6, 000 square — feet; one two-family dwelling per 11, 000 square feet . B. Maximum impervious surface percentage : 50% 34 C. Lot specifications : Minimum lot width (single-family detached) : 50 feet; (two-family dwelling) : 70 feet Minimum lot depth: 100 feet Minimum front yard setback: equal to the average setback of other principal structures on the block. If there are fewer than three other existing principal structures on the block, the setback is 30 feet . Minimum street side yard setback: equal to the average street side yard setback of other principal structures on the block. If none exist, the setback is 10 feet . Minimum interior side yard setback: 5 feet; or one side at 3 feet and the other side at 7 feet . Minimum rear yard setback: 30 feet Minimum rear yard setback for accessory structures : 5 feet D. Height : No structure shall exceed two and one-half (2-1/2) stories or thirty-five (35) feet in height . Subd. 6 . Additional Requirements . A. All dwellings shall have a depth of at least 20 feet for at least 50 percent of their width. All dwellings shall have a width of at least 20 feet for at least 50 percent of their depth. B. All dwellings shall have a permanent foundation in conformance with the Minnesota State Building Code . C. Off-street parking located outside of required setbacks _ shall be provided for at least two vehicles for all single family dwellings . A suitable location for a garage measuring at least 20 feet by 24 feet which does not require a variance shall be provided and indicated as such on a survey or site plan to be submitted when applying for a building permit to construct a new dwelling or alter an existing garage . 35 SEC. 11.26 . MEDIUM DENSITY RESIDENTIAL ZONE (R-2) . Subd. 1. Purpose. The purpose of the medium density residential zone is to provide an area which will allow 2 . 5 to 8 residential dwellings per acre and also provide a transitional zone between single family residential areas and other land uses . — Subd. 2 . Permitted Uses. Within the medium density residential zone, no structure or land shall be used except for one or more of the following uses : A. residential structures containing two to four dwelling units; B. existing single family dwellings; C. public recreation; D. essential utility services; E. public buildings; F. day care facilities serving 12 or fewer persons; or G. residential facilities serving six (6) or fewer persons . _ Subd. 3 . Conditional Uses. Within the medium density residential zone, no structure or land shall be used for the following uses except by conditional use permit : A. multiple-family dwellings containing up to 6 units; B. home occupations; C. hospitals and clinics; D. cemeteries; E. churches and other places of worship; F. public or private schools having a course of instruction approved by the Minnesota Board of Education for students enrolled in K through grade 12, or any portion thereof; G. nursing homes; — H. bed and breakfast inns; I. essential utility service structures; 36 J. day care facilities serving from 13 through 16 persons; K. residential facilities serving from 7 through 16 persons; L. relocated structures; M. structures over 2-1/2 stories or 35 feet in height; N. developments containing more than one principal structure per lot; or 0. other uses similar to those permitted by this subdivision, as determined by the Board of Adjustment — and Appeals . Subd. 4 . Permitted Accessory Uses . Within the medium density _ residential zone, the following uses shall be permitted accessory uses : A. open off-street parking spaces not to exceed three — spaces per dwelling unit; B. garages; C. fences; D. gardening and other horticultural uses not involving retail sales; E. swimming pools; F. tennis courts; G. receive only satellite dish antennas and other antennas; H. solar equipment; or I. other accessory uses, as determined by the Zoning Administrator. Subd. 5 . Design Standards. Within the medium density residential zone, no land shall be used, and no structure shall _ be constructed or used, except in conformance with the following minimum requirements : A. Density: one single family dwelling per 9, 000 square — feet; one two-family dwelling per 11, 000 square feet; one triplex per 12 , 000 square feet; one quadplex per 16 , 000 square feet . 37 B. Maximum impervious surface percentage: 60% C. Lot specifications : Minimum lot width (single-family detached) : 60 feet; (two-family dwelling) : 70 feet; (multiple-family dwelling) : 100 feet Minimum lot depth: 100 feet Minimum front yard setback: 35 feet Minimum side yard setback: 10 feet Minimum rear yard setback: 30 feet D. Height : No structure shall exceed two and one-half (2-1/2) stories or thirty-five (35) feet in height . Subd. 6 . Additional Requirements . A. All dwellings shall have a depth of at least 20 feet for at least 50 percent of their width. All dwellings shall have a width of at least 20 feet for at least 50 percent of their depth. B. All dwellings shall have a permanent foundation in conformance with the Minnesota State Building Code. 38 SEC. 11.27 . MULTIPLE-FAMILY RESIDENTIAL ZONE (R-3) . Subd. 1. Purpose. The purpose of the multiple-family zone is to provide an area which will allow 6 to 18 multiple-family dwelling units per acre, and also provide a transitional zone between single family residential areas and other land uses . Subd. 2 . Permitted Uses. Within the multiple-family residential zone, no structure or land shall be used except for one or more of the following uses : A. multiple-family dwellings containing three or more units; B. existing single family and two-family dwellings; C. public recreation; D. essential utility services; E. public buildings; F. day care facilities serving 12 or fewer persons; or G. residential facilities serving six (6) or fewer persons . _ Subd. 3 . Conditional Uses. Within the multiple-family residential zone, no structure or land shall be used for the following uses except by conditional use permit : A. nursing homes; B. churches and other places of worship; C. cemeteries; D. hospitals and clinics; E. public or private schools having a course of instruction approved by the Minnesota Department of Education for students enrolled in K through grade 12, or any portion thereof; F. bed and breakfast inns; G. essential utility service structures; H. day care facilities serving from 13 through 16 persons; I. residential facilities serving from 7 through 16 _. persons; 39 J. relocated structures; K. structures over 2-1/2 stories or 35 feet in height; L. developments containing more than one principal structure per lot; or M. other uses similar to those permitted by this subdivision, as determined by the Board of Adjustment and Appeals . Subd. 4 . Permitted Accessory Uses. Within the multiple-family residential zone, the following uses shall be permitted accessory uses : A. open off-street parking spaces not to exceed three spaces per dwelling unit; B. garages; C. fences; D. gardening and other horticultural uses not involving retail sales; E. swimming pools; F. tennis courts; G. receive only satellite dish antennas and other antennas; H. solar equipment; or I. other uses similar to those permitted by this subdivision, as determined by the Zoning Administrator. Subd. 5 . Design Standards. Within the multiple-family residential zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements : A. Density: one single family dwelling per 9, 000 square feet; one two-family dwelling per 11, 000 square feet; _ one triplex per 12, 000 square feet; one quadplex per 16, 000 square feet . B. Maximum impervious surface percentage : 60% C. Lot specifications : Minimum lot size : 1 acre 40 Minimum lot width: 150 feet Minimum lot depth: 200 feet Minimum front yard setback: 50 feet Minimum side yard setback: One-half of building height or fifteen (15) feet, whichever is greater. All multiple-family residential structures 30 feet or greater in height shall be setback a minimum of four (4) times the height of the structure from the nearest R-1A, R-1B, R-1C, R-2, or R-3 zone line. Minimum rear yard setback: 40 feet D. Height : No structure shall exceed two and one-half (2-1/2) stories or thirty-five (35) feet in height . Subd. 6 . Additional Requirements. A. All dwellings shall have a depth of at least 20 feet for at least 50 percent of their width. All dwellings shall have a width of at least 20 feet for at least 50 percent of their depth. B. All dwellings shall have a permanent foundation in conformance with the Minnesota State Building Code . 41 SEC. 11.28 . HIGHWAY BUSINESS ZONE (B-1) . Subd. 1. Purpose. The purpose of the highway business zone is to provide an area for business uses fronting on or with immediate access to arterial and collector streets . Subd. 2 . Permitted Uses. Within the highway business zone, no structure or land shall be used except for one or more of the following uses : A. motels and hotels; B. restaurants, class 1; C. retail establishments; D. essential utility services; E. administrative, executive and professional offices; F. financial institutions; G. medical or dental clinics; or H. public buildings . Subd. 3 . Conditional Uses . Within the highway business zone, no structure or land shall be used for the following uses except by conditional use permit : A. taverns; B. churches; C. animal hospitals and veterinary clinics; D. open sales lots or any use having exterior storage of goods for sale; E. gas stations; F. restaurants, class II; G. private lodges and clubs; H. commercial recreation, major or minor; I. bed and breakfast inns; J. uses having a drive-up or drive-through window; _. K. vehicle sales, service, or repair; including general 42 — repair, rebuilding or reconditioning of engines or vehicles, including body work, frame work and major painting service, replacement of any part or repair of any part, incidental body and fender work, painting or — upholstering; L. car washes; M. hospitals; N. theaters; 0. funeral homes; — P. essential utility service structures; Q. day care facilities; R. relocated structures; S. structures over 35 feet in height; T. developments containing more than one principal structure per lot; or U. other uses similar to those permitted in this subdivision, as determined by the Board of Adjustment and Appeals. Subd. 4 . Permitted Accessory Uses. Within the highway business zone the following uses shall be permitted accessory uses : A. any incidental repair or processing necessary to conduct a permitted principal use; B. parking and loading spaces; C. temporary construction buildings; — D. decorative landscape features; or — E. other accessory uses customarily appurtenant to a permitted use, as determined by the Zoning Administrator. Subd. 5 . Design Standards. Within the highway business zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum -' requirements : A. Density: 43 minimum lot area: (new lots) : one acre — (existing lots) : 8, 000 square feet maximum floor area ratio: . 50 — B. Maximum impervious surface percentage : 75% C. Lot specifications : minimum lot width: (new lots) : 100 feet (existing lots) : 60 feet — minimum front yard setback: 30 feet minimum side yard setback: 20 feet minimum rear yard setback: 30 feet — minimum side or rear yard setback from residential zones : 75 feet D. Height : 35 feet — Subd. 6 . Performance Standards. A. Construction Materials. All structures must be constructed of materials in compliance with the requirements of Sec. of this Chapter. B. Parking. All developments must comply with the parking requirements of Sec. of this Chapter. — C. Landscaping. All developments must comply with the landscaping requirements of Sec. of this Chapter. - D. Signs. All developments must comply with the sign regulations of Sec. of this Chapter. 44 SEC. 11.29. OFFICE BUSINESS ZONE (B-2) . — Subd. 1. Purpose. The purpose of the office business zone is to provide an area for offices and related service uses, in an area — where general retail is excluded. The zone is intended for areas identified in the comprehensive plan for office use or for transitional areas between residential and more intense uses . Subd. 2 . Permitted Uses. Within the office business zone, no structure or land shall be used except for one or more of the following uses : A. administrative, executive and professional offices; B. financial institutions; C. essential utility services; D. medical or dental clinics; or E. public buildings. Subd. 3 . Conditional Uses. Within the office business zone, no structure or land shall be used for the following uses except by _ conditional use permit : A. retail uses generally associated with a permitted use; — B. restaurants, class I or class II, contained within a principal structure and oriented toward serving employees or those working in the immediate area; C. storage, assembly, or servicing incidental to a permitted use; — D. hotels and motels; E. commercial recreation, minor, but limited to health and — athletic facilities; F. hospitals; G. multiple-family housing; H. essential utility service structures; I. day care facilities; -- J. relocated structures; K. structures over 55 feet in height; 45 L. developments containing more than one principal structure per lot; or M. other uses similar to those permitted in this subdivision, as determined by the Board of Adjustment and Appeals . Subd. 4 . Accessory Uses. Within the office business zone, the following uses shall be permitted accessory uses : A. parking and loading spaces; B. temporary construction buildings; C. decorative landscaping features; or D. other accessory uses customarily appurtenant to a permitted use, as determined by the Zoning Administrator. Subd. 5 . Design Standards. Within the office business zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements : A. Density: minimum lot area: one acre maximum floor area ratio : . 50 B. Maximum impervious surface percentage : 75% C. Lot specifications : minimum lot width: 100 feet minimum front yard setback: 30 feet minimum side yard setback: 20 feet minimum rear yard setback: 30 feet minimum side or rear yard setback from residential zones : 50 feet D. Height : 55 feet Subd. 6 . Performance Standards . A. Construction Materials . All structures must be constructed of materials in compliance with the requirements of Sec . of this Chapter. B. Parking. All developments must comply with the parking requirements of Sec . of this Chapter. 46 C. Landscaping. All developments must comply with the — landscaping requirements of Sec . of this Chapter. D. Signs. All developments must comply with the sign — regulations of Sec. of this Chapter. 47 SEC. 11 .30 . CENTRAL BUSINESS ZONE (B-3) . — Subd. 1 . Purpose. The purpose of the central business zone is to provide a zone which accommodates the unique character of the — central business area in terms of land uses and development patterns . Subd. 2 . Permitted Uses. Within the central business zone, no — structure or land shall be used except for one or more of the following uses : — A. retail establishments; B. public buildings; C. medical or dental clinics; D. essential utility services; — E. dwellings when combined with another permitted use; — F. restaurants, class I ; G. administrative, executive and professional offices; H. financial institutions; or I. hotels . — Subd. 3 . Conditional Uses . Within the central business zone, no structure or land shall be used for the following uses except by — conditional use permit : A. commercial recreation, minor; B. restaurants, class II; C. theaters; — D. bus terminals and taxi stands; — E. multiple-family dwellings; F. printing or publishing facilities; G. private lodges and clubs; H. parking facilities open to the public; I. animal hospitals and veterinary clinics; J. taverns; 48 R. gas stations; L. uses having a drive-up or drive-through window; M. bed and breakfast inns; N. funeral homes; 0. essential utility service structures; P. day care facilities; Q. relocated structures; R. structures over 45 feet in height; S. developments containing more than one principal structure per lot; or T. other uses similar to those permitted in this subdivision, as determined by the Board of Adjustment and Appeals . Subd. 4 . Permitted Accessory Uses . Within the central business zone the following uses shall be permitted accessory uses : A. any incidental repair or processing necessary to conduct a permitted principal use; B. private garages or off-street parking; C. temporary construction buildings; D. decorative landscape features; or E. other accessory uses customarily appurtenant to a permitted use, as determined by the Zoning Administrator. Subd. 5 . Design Standards . Within the central business zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements : A. Density: minimum lot area: 9, 000 square feet maximum floor area ratio: 4 . 0 B. Maximum impervious surface percentage : 100% _- C. Lot specifications : 49 minimum lot width: 60 feet minimum front yard setback: 0 feet minimum side yard setback: 0 feet minimum rear yard setback: 0 feet D. Height : 45 feet Subd. 6 . Performance Standards. A. Construction Materials. All structures must be constructed of materials in compliance with the requirements of Sec. of this Chapter. B. Parking. All developments must comply with the parking requirements of Sec . of this Chapter. _ C. Landscaping. All developments must comply with the landscaping requirements of Sec . of this Chapter. D. Signs. All developments must comply with the signs regulations of Sec . of this Chapter. 50 SEC. 11.31. RACE TRACK ZONE (RT) . Subd. 1. Purpose. The purpose of the race track zone is to create a high quality environment for Canterbury Downs racetrack — with a high degree of land use compatibility and street efficiency. It is further the intent of the zone to protect existing landscape features, to preserve open space, to sensitively integrate development with the natural landscape, to — appropriately space driveways and to require the planning of entire land ownerships as a unit rather than permit piecemeal or scattered development on a lot by lot basis . Subd. 2 . Uses Permitted by Planned Unit Development (PUD) . Within the race track zone, no structures or land shall be used - except for one or more of the following uses, which uses shall be permitted only by PUD and subject to all stated conditions : A. A licensed Class A race track which includes the — following activities, facilities, and accessory uses : 1. horse racing; 2 . horse barns, training, grooming, and exercise facilities; 3 . employee housing and dormitories; 4 . horse auctions; — 5 . maintenance facilities and equipment; — 6 . off-street parking facilities; 7 . parimutuel wagering; 8 . printing and publishing facilities for race track related purposes; — 9 . race track administrative offices; 10 . signage; 11. commercial storage of recreational vehicles - both interior and exterior; 12 . antique, craft, flea, and bargain markets; or 13 . product shows for vehicles and home . B. commercial recreation, major or minor; — C. private lodges and clubs; 51 D. public recreation; — E. essential utility services; — F. health and athletic facilities; G. horse care uses including boarding, training, showing, — grooming and veterinary clinic facilities; H. hotels, motels and conference centers; — I. retail uses and entertainment facilities, provided such uses : — 1. are an integral part of a permitted principal use; 2 . have no entrance except from within the principal building; — 3 . display no external signage except on the first floor of the building; and 4 . occupy not more than 25% of the ground floor area. — J. light industrial uses but specifically limited to office-showroom, corporate offices, research and development laboratories, warehousing and light assembly type maintenance; — K. administrative, executive, and professional offices; — L. public buildings; M. restaurants : class I and II; N. day care facilities serving 13 through 16 persons; or 0. accessory uses customarily appurtenant to a permitted — use, as determined by the City Council . Subd. 3 . Design Standards. Within the race track zone, no land — shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements : A. Density: minimum lot area: One (1) acre . B. Maximum impervious surface percentage : 80% . C. Lot specifications : minimum lot width: 300 feet 52 minimum front yard setback: 50 feet minimum side yard setback: 25 feet minimum rear yard setback: 30 feet minimum rear yard setback from residential zones : 50 feet D. Height : 35 feet E. Minimum access spacing: County Roads 83 and 16 : No access is allowed other than to public and private streets with a minimum spacing of 600 feet . Shenandoah Drive and any continuation thereof to and including Secretariat Drive; and Fourth Avenue : Street and driveway access points must be separated by a minimum of 300 feet . Subd. 4 . Performance Standards . A. Construction Materials. All structures must be constructed of materials in compliance with the requirements of Sec. 11 . of this Chapter. B. Parking. All developments must comply with the parking requirements of Sec . 11 . of this Chapter. C. Landscaping. All developments must comply with the landscaping requirements of Sec . 11 . of this Chapter. D. Screening. All developments must comply with the screening requirements of Sec. 11 . of this Chapter. E. Signs. All developments must comply with the sign regulations of Sec . 11 . of this Chapter. 53 SEC. 11.32 . LIGHT INDUSTRY ZONE (I-1) . Subd. 1. Purpose. The purpose of the light industry zone is to provide an area for industrial, light manufacturing, and office uses which are generally not obtrusive and which serve as a transition between more intensive industrial sites and residential and business land uses . Subd. 2 . Permitted Uses. Within the light industry zone, no structure or land shall be used except for one or more of the following uses : A. warehousing, wholesaling, and assembly conducted entirely within an enclosed building, except those involving the use of explosive material, infectious waste, hazardous chemicals, or petroleum products . Explosive material, hazardous chemicals, or petroleum _ products may be allowed in small qualtities for incidental uses, such as cleaning the building; B. research laboratories conducted entirely within an enclosed building; C. establishments supplying goods or services primarily to industrial uses; D. essential utility services; E. essential utility service structures; F. offices within the principal structure and directly associated with another permitted use; or G. public buildings . Subd. 3 . Conditional Uses. Within the light industry zone, no structure or land shall be used for the following uses except by conditional use permit : A. manufacturing, fabrication, or processing, except those involving the use of explosive material , infectious waste, hazardous chemicals, or petroleum products . Explosive material, hazardous chemicals, or petroleum products may be allowed in small qualtities for incidental uses, such as cleaning the building; B. airports and heliports; C. vehicle repair; D. landscaping services and contractors; 54 E. retail sales of products manufactured, fabricated, assembled, or stored on site; F. commercial vehicle rental facilities; G. self-storage facilities; — H. industrial or technical training schools; I. restaurants, class I or class II, contained within a principal structure and oriented toward serving — employees or those working in the immediate area; J. residences for security personnel; K. day care facilities; L. structures over 45 feet in height; M. developments containing more than one principal structure per lot; or N. other uses similar to those permitted in this subdivision, as determined by the Board of Adjustment — and Appeals . Subd. 4 . Permitted Accessory Uses . Within the light industry zone the following uses shall be permitted accessory uses : — A. parking and loading spaces; — B. temporary construction buildings; C. decorative landscape features; and D. other accessory uses customarily appurtenant to a permitted use, as determined by the Zoning Administrator. — Subd. 5 . Design Standards. Within the light industry zone, no land shall be used, and no structure shall be constructed or — used, except in conformance with the following minimum requirements : A. Density: minimum lot area: (with City services) : 1 acre (without City services) : 20 acres B. Maximum impervious surface percentage : 75% — C. Lot specifications : 55 _ minimum lot width: (with City services) : 100 feet (without City services) : 600 feet minimum front yard setback: 30 feet — minimum side yard setback: 15 feet minimum rear yard setback: 30 feet minimum side or rear yard setback from residential — zones : 100 feet D. Height : 45 feet Subd. 6 . Performance Standards . A. Construction Materials . All structures must be — constructed of materials in compliance with the requirements of Sec . of this Chapter. B. Parking. All developments must comply with the parking — requirements of Sec . of this Chapter. C. Landscaping. All developments must comply with the landscaping requirements of Sec. of this Chapter. D. Screening. All developments must comply with the — screening requirements of Sec. of this Chapter. E. Signs . All developments must comply with the sign regulations of Sec. of this Chapter. — 56 SEC. 11.33 . HEAVY INDUSTRY ZONE (I-2) . Subd. 1. Purpose. The purpose of the heavy industry zone is to provide an area for industrial uses in locations remote from residential uses and in which urban services and adequate transportation exists . Subd. 2 . Permitted Uses. Within the heavy industry zone, no structure or land shall be used except for one or more of the following uses : A. motor freight terminals; B. manufacturing, fabrication, processing, assembly and storage operations, except those involving the use of explosive material, infectious waste, hazardous chemicals, or petroleum products . Explosive material, hazardous chemicals, or petroleum products may be allowed in small qualtities for incidental uses, such as cleaning the building; C. warehousing and wholesaling; D. commercial vehicle rental facilities; E. research laboratories; F. contractors' supply yards; G. retail sales of heavy industrial, manufacturing, or construction machinery or equipment; H. essential utility services; I. essential utility service structures; J. landscaping services and contractors; K. establishments supplying goods or services to industrial users; or L. public buildings . Subd. 3 . Conditional Uses. Within the heavy industry zone, no structure or land shall be used for the following uses except by conditional use permit : A. manufacturing, processing or storage of explosive material, infectious waste, hazardous chemicals, or petroleum products; B. retail sales of products manufactured, fabricated, 57 assembled, or stored on site; C. concrete or asphalt plants; D. airports and heliports; E. grain elevators; F. junkyards; G. residences for security personnel; H. vehicle repair; I. restaurants, class I or class II, contained within a principal structure and oriented toward serving employees or those working in the immediate area; J. recycling or composting facilities; K. structures over 45 feet in height; L. developments containing more than one principal structure per lot; or M. other uses similar to those permitted in this subdivision, as determined by the Board of Adjustment and Appeals . Subd. 4 . Permitted Accessory Uses . Within the heavy industry zone the following uses shall be permitted accessory uses : A. parking and loading spaces; B. temporary construction buildings; C. decorative landscape features; -" D. offices occupying less than 25 percent of the principal structure and directly associated with a permitted use; or E. other accessory uses customarily appurtenant to a permitted use, as determined by the Zoning Administrator. Subd. 5 . Design Standards. Within the heavy industry zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements : A. Density: 58 minimum lot area: 1 acre B. Maximum impervious surface percentage : 85% C. Lot specifications : minimum lot width: 100 feet minimum front yard setback: 30 feet minimum side yard setback: 15 feet minimum rear yard setback: 30 feet minimum side or rear yard setback from residential zones : 100 feet minimum side or rear yard setback from railroad right- - of- way: 0 feet D. Height : 45 feet Subd. 6. Performance Standards . A. Construction Materials. All structures must be constructed of materials in compliance with the requirements of Sec. of this Chapter. B. Parking. All developments must comply with the parking requirements of Sec . of this Chapter. _ C. Landscaping. All developments must comply with the landscaping requirements of Sec . of this Chapter. D. Screening. All developments must comply with the screening requirements of Sec . of this Chapter. E. Signs. All developments must comply with the sign regulations of Sec . of this Chapter. 59 SEC. 11.40 . PLANNED UNIT DEVELOPMENT (PUD) . Subd. 1. Purpose. It is the purpose of the planned unit development (PUD) zone to encourage innovation, variety and creativity in site planning and architectural design; to maximize development compatibility; to encourage the planning of large parcels of land as a unit; to provide for greater efficiency in the use of land, streets, and energy; to protect important natural and cultural landscape features; to preserve open space; and to provide quality living, working, shopping, and recreating environments for residents and visitors . Subd. 2 . Areas Covered. The PUD zone is an overlay zone which may be applied within any zone. Within areas so designated on the zoning map of the City, the use of the PUD is mandatory and no development shall occur except as a PUD. The use of the PUD overlay zone in all other areas is optional . Subd. 3 . Permitted, Conditional, and Accessory Uses. A. Uses permitted in a PUD shall be limited to the permitted, conditional, and accessory uses allowed in the underlying zone, except as specifically authorized in the development plan. B. Uses permitted in a PUD may consist of one or a mixture of land uses as designated on the approved development _ plan. The City may place more restrictive conditions on the mixture of uses within a PUD to ensure preservation of the public health, safety, and welfare, compliance with the intent of this Chapter, and that -- land uses occurring within the PUD, and between the PUD and the surrounding land uses, do not conflict . Subd. 4 . Design Standards. A. Density: as specified in the underlying zone unless modified in the development plan. Residential densities may be increased by up to 25 percent above the densities allowed in the underlying zone, if the site is served by City water and sanitary sewer. Residential densities may be increased only up to 20 percent if the site is within the RR or R-lA zone, and served with septic systems rather than City sanitary sewer. Open space : A PUD which includes dwellings shall provide at least twenty (20) percent of the project area as open space. Open space is a landscaped area or areas available for the common use of the residents or occupants of the buildings within the PUD. Open space does not include any impervious surface areas . 60 The City may grant credits up to 75% against the open space requirement based on proposed amenities . The credits may be granted for any of the following amenities : 1. improvements in the open space for park or recreation purposes, when such space is to be privately owned and maintained; 2 . proof that the applicant is providing amenities desired by the City and of equal social value to open space, such as low-income housing; preservation of natural, cultural, or historic features; or other clear benefit to the public health, safety, or welfare . B. Maximum impervious surface percentage : as required in the underlying zone. C. Lot specifications : as set forth in the underlying zone except as modified below. Minimum lot area for an optional PUD: 10 acres . A PUD may be used for a smaller parcel of land if the applicant' s total contiguous ownership is less than ten (10) acres and there exists a clear benefit to the City in terms of the preservation of open space or natural, cultural, or historic features . Minimum lot area for a mandatory PUD: none, except that if the applicant' s total site ownership exceeds ten (10) acres, a minimum of ten (10) acres shall be included within the PUD. Minimum setbacks : as specified in the underlying zone, except as modified in the development plan. No reduction in setback requirements shall be permitted adjacent to exterior property lines or exterior streets . Minimum street yard setback for private streets located entirely within the PUD: fifteen (15) feet from the back of the curb line. _ D. Height : as specified in the underlying zone, unless modified in the development plan. Subd. 5 . Performance Standards . Performance standards shall be as specified in the underlying zone, unless modified in the development plan. No deviation shall be negotiated from the off-street parking requirements . 61 Subd. 6 . Additional Requirements . — A. All PUD sites shall be served by City water and sanitary sewer except in the RR and R-1A zones . Within — the RR and R-1A zones, private sewer and water services may be allowed by the City Council, built to City and Shakopee Public Utilities specifications, subject to — the following conditions : 1. each lot shall be a minimum of one-half acre and shall have two septic sites identified; — 2 . easements shall be required over abutting open space with lot lines extended for sewage treatment to supply at least one acre of site area for each residence . Where soil conditions dictate, the applicant shall be required to use alternative systems such as mounds or double tanking; — 3 . the PUD association shall require annual inspection of all septic systems and corrective — action when necessary; and 4 . in order to assure sufficient land for septic — systems, at least 70 percent of the lots shall be adjacent to open space. Lots not adjacent to open space shall be at least one acre in size . B. No design standards shall be modified in any way which violates or compromises the fire and safety codes of the City. 62 SEC. 11.41. MINING OVERLAY ZONE (MIN) . — Subd. 1. Purpose. The purpose of the mining overlay zone is to provide an area for mining the City' s sand and gravel deposits — while recognizing and providing for the long-term use of the land. The mining overlay zone allows for the use of naturally occurring resources but requires that care be taken to leave the — land ready for immediate or eventual reuse consistent with the City' s comprehensive plan. Subd. 2 . Areas Covered. This section applies only within the I- 2 zone . Subd. 3 . Permitted Uses. Within the mining overlay zone, no — structure or land shall be used except for one or more of the uses permitted in the underlying zone. Subd. 4 . Conditional Uses. Within the mining overlay zone, no structure or land shall be used for the following uses, except by conditional use permit : — A. any use allowed by conditional use permit in the underlying zone; or — B. mining. Subd. 5 . Permitted Accessory Uses . Within the mining overlay zone, the following uses shall be permitted accessory uses : A. any accessory use allowed in the underlying zone; or — B. any use accessory to mining, as determined by the Zoning Administrator. Subd. 6 . Design Standards. A. Density: as specified in the underlying zone . — minimum lot area: 20 acres B. Site specifications : Minimum setback from any residential zone : 100 feet . Minimum setback from any residential or business structure which was in existence prior to commencement of mining, unless the written consent of all owners and residents or occupants of said structures is obtained: — 500 feet . Minimum setback from any business or industry zone : 30 — feet to the boundary of any business or industry zone . 63 _ Minimum setback from the right-of-way of any existing or platted street : 30 feet, except that excavation may be conducted within the 30 feet in order to reduce the elevation to conform to the street . Subd. 7 . Performance Standards. Performance standards shall be as specified in the underlying zone . 64 SEC. 11.42 . SHORELAND OVERLAY ZONE (SH) . Subd. 1. Purpose. The City recognizes the consequences to the public health, safety and general welfare from the indiscriminate use of the shorelands of public waters . The purpose of the shoreland overlay zone is to control the density and location of developments in the shorelands of the public waters of the City in order to preserve water quality, enhance the natural characteristics of the shorelands and provide for the wise use of public waters and related land resources in the City. Subd. 2 . Areas Covered. A. The regulations of the shoreland overlay zone shall apply to all lands within 1000 feet of the ordinary high water level of the following public waters as mapped: Name of Lake Classification Dean Lake Natural Environment O'Dowd Lake Recreational Development Unnamed (#70-80) Natural Environment B. The regulations of the shoreland overlay zone shall apply to all lands within 300 feet of the following tributary streams as mapped: Eagle Creek Subd. 3 . Permitted Uses. Within the shoreland overlay zone, no structure or land shall be used except for one or more of the uses permitted in the underlying zone. Subd. 4 . Conditional Uses. Within the shoreland overlay zone, no structure or land shall be used for the following uses except by conditional use permit : A. any use allowed by conditional use permit in the underlying zone; or B. boathouses. A boathouse is a structure used solely for the storage of a boat or boating equipment . _ Subd. 5 . Permitted Accessory Uses . Within the shoreland zone, permitted accessory uses are limited to the accessory uses allowed in the underlying zone . Subd. 6 . Design Standards. Within the shoreland overlay zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements : 65 A. Density: as specified in the underlying zone, except as modified below. minimum lot area for riparian structures : residential structures with sewer on natural — environment water bodies : 40, 000 square feet residential structures without sewer on — natural environment water bodies : 80, 000 square feet residential structures with sewer on recreational development water bodies : 20, 000 square feet — residential structures without sewer on recreational development water bodies : 40, 000 square feet minimum lot area for non-riparian structures : residential structures with sewer on natural environment water bodies : 20, 000 square feet — residential structures without sewer on natural environment water bodies : 80, 000 — square feet residential structures with sewer on — recreational development water bodies : 15, 000 square feet residential structures without sewer on — recreational development water bodies : 40, 000 square feet B. Impervious surface percentage: as specified in the underlying zone. C. Lot specifications : as specified in the underlying zones, with these additional setback requirements : Minimum lot width at shoreland building line and — ordinary high water level : residential structures with sewer on natural environment water bodies : 125 feet residential structures with sewer on recreational development water bodies : 75 feet residential structures with sewer on tributary streams : 75 feet 66 — residential structures without sewer on natural environment water bodies : 200 feet residential structures without sewer on — recreational development water bodies : 150 feet residential structures without sewer on tributary — streams : 100 feet The shoreland building line is a line parallel to a lot line or the ordinary high water level at the required setback, whichever is more restrictive, and beyond which neither a structure nor a sanitary facility may extend. Minimum setback from top of bluff : 30 feet Minimum setback from ordinary high water level on — natural environment water bodies : 150 feet Minimum setback from recreational development water — bodies : any structure with sewer: 75 feet any structure without sewer: 100 feet Minimum setback from ordinary high water level on _ tributary streams : any structure with sewer: 50 feet any structure without sewer: 100 feet Minimum setback for an individual sewage treatment system from ordinary high water level : any structure on natural environment water bodies : 150 feet any structure on recreational development water bodies : 75 feet — any structure on tributary streams : 75 feet Minimum setback for roads and parking facilities : where feasible, all roads and parking facilities shall meet the setback requirements established for structures in this Chapter. In no event shall a road or parking area be placed less than 50 feet from the — ordinary high water level or within the shore impact zone, whichever is more restrictive. -- Subd. 7 . Additional Requirements . 67 A. Roads and Parking Facilities. Roads and parking facilities shall be located to retard the runoff of surface waters and nutrients . Natural vegetation or other natural materials shall be used to screen roads and parking facilities when viewed from public waters . B. Elevation of Lowest Floor. Structures shall be placed _ at an elevation so that the lowest level, including the basement, is a minimum of three feet above the ordinary high water level or the highest water level, whichever is greater. C. Shoreland Alterations . Alteration of vegetation or topography is prohibited unless conducted in such a manner as to prevent soil erosion, preserve shoreland aesthetics, preserve historic sites, prevent bank slumping, and protect fish and wildlife habitat . Vegetation alteration necessary for the construction of structures and individual sewage treatment systems or for the construction of roads and parking facilities shall be exempt from the vegetation alteration standards of this subdivision. Removal or alteration of vegetation, except for agricultural and forest management uses, shall be subject to the following standards : 1. Intensive vegetation clearing within the shore impact zone is prohibited. 2 . In the shore impact zone, limited clearing of trees and shrubs, and cutting, pruning, and trimming of trees may occur to provide a view to the water from the principal dwelling and to accommodate the placement of permitted accessory structures, provided that : a. the screening of structures and vehicles, as viewed from the water, assuming summer, leaf- - on conditions, is not substantially reduced; and b. along tributary streams, existing shading of water surfaces is preserved. Notwithstanding the above, the removal of diseased trees, trees seriously damaged by storms or other acts of God, and limbs or branches that are dead, diseased, or pose safety hazards, shall be permitted. D. Stormwater Management. 68 1. When possible, existing natural drainageways, wetlands, and vegetated soil surfaces shall be used to convey, store, filter, and retain stormwater runoff before discharge to public — waters wetlands and public waters that are designated on the protected waters inventory maps prepared under Minnesota Statutes Section — 103G.201 . Development shall be planned and constructed in a manner which will minimize the extent of disturbed areas, runoff velocities, and erosion potential; and reduce and delay runoff — volumes . Disturbed areas shall be stabilized and protected as soon as possible and facilities or methods shall be used to retain sediment on the — site. 2 . When development density, topographic features, and soil and vegetation conditions are not sufficient to handle stormwater runoff adequately using natural features and vegetation, various types of constructed facilities such as — diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. E. Agricultural and Excavation Standards . 1. Agricultural uses shall be permitted if steep slopes and shore impact zones are maintained in permanent vegetation. The shore impact zone for parcels with permitted agricultural uses shall be the area within a line parallel to and 50 feet — from the ordinary high water level . 2 . Mining uses shall be conducted in accordance with the requirements of Sec. 11 . of this Chapter. Processing machinery is subject to the setback requirements for structures . 69 SEC. 11.43 . FLOODPLAIN OVERLAY ZONE (FP) . Subd. 1. Purpose. The flood hazard areas of Shakopee are subject to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures or flood protection and relief, and impairment of _ the tax base, all of which adversely affect the public health, safety, and general welfare . This section is based upon a reasonable method of analyzing flood hazards which is consistent with the standards established by the Minnesota department of natural resources . It is the purpose of this section to promote the public health, safety, and general welfare, and to minimize those losses described above . Subd. 2 . Areas Covered. A. Generally. This section applies to all lands within the City shown as being within the floodway or flood fringe areas, which together shall be known as the floodplain overlay zone . Such areas may be shown on the official zoning map or on the flood insurance study for Shakopee prepared by the Federal Insurance Administration dated and the flood boundary and floodway map and insurance rate map dated , all of which are hereby adopted by reference . B. Floodplain Subzones. The floodplain zone is hereby divided into the floodway area (FW) , and flood fringe area. Together these comprise the floodplain overlay zone . 1. Floodway Area. The floodway area includes those _ areas designated as floodway on the flood insurance study and map. 2 . Flood Fringe Area. The flood fringe area includes those areas designated as floodway fringe on the flood insurance study and map. Subd. 3 . Permitted Uses in the Floodway and Flood Fringe Areas . Within the floodway and flood fringe areas, no structure or land shall be used except for one or more of the following uses, which also must be a permitted use in the underlying zone : A. agricultural uses; B. parking and loading spaces; C. airport landing strips; 70 D. commercial recreation, minor or major; E. public recreation, excluding buildings; and — F. recreational equipment . Subd. 4 . Conditional Uses in the Floodway Area. Within the floodway area, no structure or land shall be used for the following uses except by conditional use permit, which also must be a permitted or conditional use in the underlying zone : A. structures accessory to the permitted uses listed above or other conditional uses; — B. placement of fill; C. mining and storage of sand, gravel, and other mined materials; — D. marinas, boat rentals, docks, piers, wharves, and water control structures; E. railroads, streets, bridges, utility transmission lines, and pipelines; F. storage yards for equipment, machinery, or materials; and G. other uses similar in nature to uses described above and which are consistent with the other provisions of this Chapter, as determined by the Board of Adjustment and Appeals . Subd. 5. Conditional Uses in the Flood Fringe Area. Within the _ flood fringe area, no structure may be erected or used except by conditional use permit, for a use which is a permitted, conditional, or accessory use in the underlying zone . _ Subd. 6 . Additional Requirements . A. Floodway Permitted Uses . Floodway permitted uses shall — meet the following standards : 1. The use shall have a low flood damage potential; and 2 . The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, — fill, obstructions, excavations or storage of materials or equipment, and shall not adversely affect the capacity of the channels or floodways — or any tributary to the main stream or of any 71 drainage ditch, or any other drainage facility or system. B. Flood Fringe Permitted Uses. Flood fringe permitted uses shall not adversely affect the capacity of channels or floodways of any tributary to the main stream, or of any drainage ditch, or any other drainage facility or system. C. Road Access. All lots shall have road access no lower than two feet below the regulatory flood protection elevation. D. Public Transportation Facilities. Railroad tracks, roads, and bridges shall be elevated to the regulatory flood protection elevation where failure or interruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Local roads or railroad spur lines may be constructed at a lower elevation where failure or interruption of service would not endanger the public health or safety. E. On-site Sewage Treatment and Water Supply System. Where public utilities are not provided, on-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems . New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment system _ designed in accordance with the state' s current statewide standards for on-site sewage treatment systems shall be determined to be in compliance with this Chapter. F. Manufactured Homes . The placement of new or replacement manufactured homes in existing manufactured home parks or on individual lots of record that are located in floodplain overlay zones will be treated as a new structure and may be placed only if elevated in compliance with this Chapter. Subd. 7 . Warning and Disclaimer of Liability. This Chapter does not imply that areas outside the floodplain overlay zone or land uses permitted within such zones will be free from flooding or flood damage. This Chapter shall not create liability on the part of the City or any officer or employee thereof for any flood damages that result from reliance on this Chapter or any 72 administrative decision lawfully made hereunder. 73 SEC. 11.60 . PERFORMANCE STANDARDS . Subd. 1. Purpose. The guiding of land development into a compatible relationship of uses depends upon the maintenance of certain standards . The purpose of this section is to establish limitations on certain activities with a high potential for pollution or nuisance. The performance standards shall apply in _ all zones, unless specifically stated to the contrary. Subd. 2 . Exterior Storage. In all zones, exterior storage is prohibited except as regulated by conditional use permit or as specifically provided in the zone regulations . Notwithstanding the above, exterior storage of the following items is a permitted accessory use in residential zones : A. laundry drying; B. recreational equipment; C. construction and landscaping materials and equipment currently being used on the premises; D. agricultural equipment and materials if these are used or intended for use on the premises; and E. off-street parking of personal vehicles . Subd. 3 . Refuse. All refuse shall be stored and disposed of in accordance with City Code Sec. 3 . 15 . Subd. 4 . Construction Materials. A. Structures in all zones shall be constructed of materials which comply with the building codes . B. In the business zones and in the R-2 and R-3 zones, acceptable materials include face brick, stone, glass, wood, architecturally treated concrete, decorative -- block, painted block, and cast in place or precast concrete panels. Aluminum, asbestos, tin, or steel are not acceptable materials for the exterior of a structure . C. In the industry zones, face brick, stone, glass, wood, _ architecturally treated concrete, decorative block, painted block, cast in place or precast concrete panels, or similar materials shall be used for any portion of a structure facing a street . Subd. 5 . Bulk Storage of Liquids . All bulk storage of oil, gasoline, liquid fertilizer, chemicals, and similar liquids shall comply with the requirements of the appropriate state or federal 74 agency. Within the AG and RR zones, all bulk storage shall be in above ground containers . Subd. 6 . Grading, Filling and Excavation. A. No person shall undertake, authorize, or permit any of the following actions without first having obtained a grading permit from the City: 1. in any designated floodplain or shoreland zone, any excavating, grading, filling or other change — in the earth' s topography; or 2 . in any zone other than a floodplain or shoreland — zone, any excavating, grading, filling, or other change in the earth' s topography involving moving more than 50 cubic yards of material . B. Notwithstanding the above, no grading permit shall be required for the following activities, except as required by the Minnesota State Building Code : 1. earthwork undertaken in accordance with an approved development; 2 . earthwork which will result in moving less than 50 cubic yards of material, provided the work does not take place in any designated floodplain or — shoreland zone; or 3 . any agricultural activity. C. No person shall undertake, authorize or permit any excavating, grading, filling, or other change in the earth' s topography which violates or is not in compliance with a grading permit issued by the City, including the approved plans and all terms and conditions of the permit . Subd. 7 . Screening. Whenever required, screening shall be accomplished through the use of landscaping, topography, site planning, or construction materials . Screening shall provide an opaque obstruction to view. All construction materials used shall be of good quality and compatible with the materials of the principal structure. Chain link fencing interwoven with slats shall not be allowed as a screening material . Landscaping materials utilized for screening shall be healthy specimens of hardy species appropriate for the purpose . All screening shall — be maintained in good condition or repair and shall be replaced when it no longer serves its intended function. Screening shall be accomplished in accordance with the following: 75 A. All exterior storage permitted by this Chapter shall be -- screened, except for the following: goods being displayed for sale, materials and equipment being used for construction on the premises, merchandise located on gas station pump islands, and accessory uses in residential zones (except parking facilities as specified below) . B. Off-street parking facilities in the R-2 and R-3 residential zones shall be screened whenever the parking facility contains more than four parking spaces and is within thirty feet of a lot line, and whenever the driveway to a parking facility of more than six parking spaces is within fifteen feet of a lot line. C. Parking facilities within any required front yard setback shall be screened to a height of three feet . D. Screening shall be required in all business and industry zones whenever any business or industrial use is adjacent to or across a street from property zoned or developed for residential use . E. All roof top mechanical equipment shall be totally _ screened from view from adjacent properties and existing and planned streets, painted to match or complement the building, or incorporated into an architectural design which is aesthetically compatible with the building. F. Refuse containers which are visible from existing or planned streets, residential areas, institutional uses, or places of public assembly shall be screened to a height of six feet . G. Loading and service areas located between a street and a building in any industry zone shall be screened to a height of four feet . Subd. 8 . Landscaping Requirements . Landscaping shall be required in all multiple-family residential, business and industry zones in accordance with the following: A. For all residential uses containing 6 or more uses, and for all business and industrial uses, at least 15 percent of the lot shall be landscaped. The landscaping shall be concentrated between the principal structure and any adjacent street right-of-way or other areas of the lot which are visible from a street . B. A minimum of five units , as defined below, of landscaping shall be required for each 1, 000 square 76 feet or fraction thereof of gross building area up to 10, 000 square feet . An additional three units of landscaping shall be required for each 1, 000 square feet or fraction thereof of gross building area over 10, 000 and up to 50, 000 square feet . An additional unit of landscaping shall be required for each 1, 000 square feet or fraction thereof of gross building area over 50, 000 and up to 100, 000 square feet . An additional 1 unit of landscaping shall be required for each 5, 000 square feet or fraction thereof of gross building area over 100 , 000 . C. Landscaping materials must meet the following minimum size requirements : 1. overstory deciduous trees 2 inch diameter 2 . ornamental trees 1-1/2 inch diameter 3 . coniferous trees 6 feet 4 . shrubbery 5 gallons Each of the above shall constitute one unit of landscaping. Not more than 50 percent of the landscaping units required by this section shall be composed of shrubbery. D. If healthy landscaping of acceptable species exists on a site prior to development, the Zoning Administrator may allow credit for such landscaping in meeting the requirements of this subdivision, if it left in good condition. One unit of mature existing landscaping may be credited as two units of new landscaping. Each -' existing mature hardwood tree may be credited as three units. E. All landscaping shall be properly maintained and any dead or diseased material shall be removed and replaced with material meeting the requirements of this section. The City shall require submission of a landscaping bond in an amount equal to 115 percent of the value of the landscaping to ensure compliance with this section during the first year after planting. Subd. 9 . Tree and Woodland Preservation. The following standards shall apply to all residential development for which a building permit is issued after the effective date of this Chapter. A. Structures, driveways, and parking facilities shall be 77 located in such a manner that the maximum number of trees shall be preserved. No tree exceeding 6" in diameter at a height of 6' above ground shall be removed without permission from the City. A person seeking permission to remove any protected tree shall demonstrate that there are no feasible or prudent alternatives to the cutting of trees on the site and shall propose a reforestation plan. Reforestation and landscaping shall utilize a variety of tree species and shall not utilize any species presently under disease epidemic. Species planted shall be hardy under local conditions and compatible with the local landscape . B. All development activities, including grading and contouring, shall take place in such a manner that the root zone aeration stability of existing trees shall not be affected and shall provide existing trees with a watering area equal to a minimum of one-half the crown area. C. Notwithstanding the above, the removal of diseased _ trees, or trees seriously damaged by storms or other acts of God, shall be permitted. Subd. 10 . Exterior Lighting. A. Exterior lighting shall be designed and constructed to limit direct illumination and glare upon or into any other lot or street . Reflected glare or spill light shall not exceed five-tenths footcandle as measured on the property line when abutting any residential lot and one footcandle on any property line abutting a business or industrial lot . Street lights installed in public right-of-way and lights in city parks shall be excepted from these standards. B. Mitigative measures shall be employed to limit glare and spill light to protect neighboring lots and to maintain traffic safety on streets . These measures shall include lenses, shields, louvers, prismatic control devices, and limitations on the height and type of fixtures . The City also may limit the hours of operation of outdoor lighting if it is deemed necessary to reduce impacts on the surrounding neighborhood. C. No flickering or flashing lights shall be permitted. D. Direct off-site views of the light source shall be blocked or screened except for globe or ornamental 73 light fixtures, which may be approved when it can be demonstrated that the off-site impacts stemming from direct views of the light source are mitigated by the fixture design or location. E. The City may require submission of a light distribution plan if deemed necessary to ensure compliance with the intent of this Chapter. F. In any industry zone, light may spill from one lot to any other lot provided that it does not extend beyond — the boundaries of the industry zone . Subd. 11. Noise and Vibration. A. Noises emanating from any use shall be in compliance with City Code Sec. 10 . 60, and shall not exceed any standards set by the Minnesota Pollution Control Agency. B. Any use established or remodeled after the effective — date of this Chapter shall be so operated as to prevent vibration discernable at any point beyond the lot line of the site on which such use is located. C. The City may limit the hours of operation of an outdoor use if it is deemed necessary to reduce impacts on the surrounding neighborhood. D. Ground vibration and noise caused by trains, aircraft operations, temporary construction or demolition, or vehicles other than those involved in a major commercial recreation use or on private property shall be exempt from these regulations . — Subd. 12 . Smoke and Particulate Matter. No use shall produce or emit smoke, dust, or particulate matter exceeding applicable regulations established by the Minnesota Pollution Control — Agency. Subd. 13 . Odor. No use shall produce odors exceeding applicable — regulations established by the Minnesota Pollution Control Agency. Subd. 14 . Toxic or Noxious Matter. No use or operation shall emit toxic or noxious matter across the property line which exceeds applicable regulations of the Minnesota Pollution Control Agency. Subd. 15 . Explosive Material, Infectious Waste, Hazardous Chemicals, or Petroleum Products . No structure containing a use involving explosive material, infectious waste, hazardous 79 chemicals, or petroleum products shall be located closer than 500 — feet to any property line, nor 1000 feet from any residential zone. Storage of explosive material, infectious waste, hazardous chemicals, or petroleum products shall be limited to the minimum — necessary for the present operation of the use, and shall be removed from site as soon as possible. These restrictions do not apply to small quantities kept for incidental uses, such as cleaning the building. Subd. 15. Radiation. No operation shall be conducted which exceeds the standards established by applicable state or federal — regulations . Subd. 16. Electromagnetic Interference. No use shall produce electromagnetic interference which exceeds applicable standards — established by any applicable federal or state regulations . Subd. 17 . Receive-Only Satellite Dish Antennas and Other Antenna Devices. Receive-only satellite dish antennas and other antenna devices are subject to the following requirements : — A. shall be in compliance with all City building and electrical code requirements; B. shall have verification that the structural design and mounting system have been approved by a professional engineer; — C. shall be limited to one per building or, if more than one antenna is proposed, the antennas shall be clustered in a single, screened location; D. shall not have any advertising message on the antenna structure; E. shall comply with setback requirements for principal structures and in no event shall be located between the principal structure and the front lot line; — F. shall be screened to the greatest extent practicable to minimize visual impacts on surrounding properties . — Screening shall include landscape materials for ground mounted antennas, and materials compatible with those utilized on the exterior of the building for roof mounted antennas; G. shall be designed and engineered to collapse progressively within the distance between the antenna — and the property line, if the antenna is located closer to a property line than the height of the antenna; and — H. shall be in compliance with all applicable Federal 80 Communications Commission requirements . Subd. 18 . Preservation of Surface Waters. A. All development shall be planned and constructed to minimize the impact on natural drainage. Above-ground drainage systems may be constructed to augment the natural drainage system. The widths of a constructed '- drainage system shall be sufficient to adequately channel runoff from a ten-year storm. Adequacy shall be determined by the expected runoff when full development of the drainage area is reached. No fences or structures may be constructed across the drainage system which will reduce or restrict the flow of water. The bed of the drainage system may not exceed a grade that will result in a velocity that will cause erosion of the banks of the drainage system, and in no event shall exceed five feet of horizontal distance for each foot of vertical distance . B. The bed of the drainage system shall be protected with turf, sod, or concrete . If turf or sod will not function properly, rip rap may be used. Rip rap shall consist of quarried limestone, fieldstone, or _ construction materials, provided that construction materials are limited to asphalt, cement, or concrete . The rip rap shall be no smaller than two (2) inches square nor larger than two (2) feet square. Construction materials may be used only in those areas where the drainage system is not used as part of a recreation trail system, and is not visible from a street right-of-way. C. The banks or walls of the drainage system shall be protected with turf . If the flow velocity in the drainage system is such that erosion of the turf sidewall will occur and the velocity cannot be decreased by means of velocity control structures, gravel or rip rap may be used to replace the turf . D. To prevent sedimentation of drainage systems, pervious and impervious sediment traps and other sediment control structures shall be incorporated throughout the contributing watershed. During construction, the City may require temporary pervious sediment traps, such as '- a construction of bales of hay with a low spillway embankment section of sand and gravel that permits a slow movement of water while filtering sediment . The City also shall utilize permanent impervious sediment control structures, such as debris basins, desilting basins, or silt traps to remove sediment from runoff prior to its disposal in any permanent body of water. 81 E. All erosion and velocity control structures shall be maintained in a condition that will insure continuous functioning. Sediment basins shall be maintained as the need occurs to insure continuous desilting action. — The areas utilized for runoff drainage systems and sediment basins shall not be allowed to exist in an unsightly condition. The banks of the sediment basins and drainage systems shall be landscaped. Subd. 19 . Ground Water Protection. — A. No use may dispose of any waste directly into the ground water in violation of the requirements of the Minnesota Pollution Control Agency. B. No use shall operate in a manner which will cause alterations of the existing water table . The owner must show that the operation is not or will not cause any alterations to the water table before the operation may begin. Any evidence which indicates a lowering of the water table may result in suspension of the use — until final determination can be made concerning the cause of the water table alterations . _ Subd. 20 . Sight Triangles. The area between three and ten feet in height shall be maintained clear of all obstructions at the intersections of streets with other streets and driveways for safety of pedestrians and people in vehicles . Structures and — landscaping are prohibited within any sight triangle, except that structures or landscaping are permitted if they do not exceed one foot in width or diameter. Property in the B-3 zone is exempt from the sight triangle requirements . A. Street Intersections . The chart below specifies the required clear area for each street intersection. The City Engineer may require additional triangle area if a traffic study or special conditions indicate that additional protection is needed. Intersection major minor of \ with arterial arterial collector local _ major arterial A A B B minor arterial A B B B collector B B B B local B B B B — Key: A = 100 foot by 100 foot sight triangle B = 30 foot by 30 foot sight triangle B. Driveway Intersections. The street/driveway sight 82 triangle shall be calculated by measuring a straight — line down the edge of the pavement or curb or projection thereof, and drawing a third straight line connecting the extremities of the other two lines . On — the right side of the driveway, as determined when standing in the driveway facing the street, the sight triangle shall extend forty feet down the street and twelve feet from the edge of the street up the driveway pavement, with a third line connecting the other two lines . On the left side of the driveway, the sight triangle shall extend sixty-five feet down the street -- and twelve feet up the driveway pavement, with a third line connecting the other two lines . 83 SEC. 11.61. PARKING. Subd. 1. Purpose. The purpose for the regulation of off-street parking is to alleviate or prevent congestion of the public right-of-way and to promote the safety and general welfare of the public by establishing minimum requirements for off-street parking of vehicles based on the use of the land. Subd. 2 . General Provisions. A. Application. The provisions of this section apply to the required and non-required off-street parking in all zones, except that property within the B-3 zone is exempt from the off-street parking requirements . These provisions apply to the entire area used for vehicular circulation and parking. B. Where May Park. 1. Except in the AG zone, a vehicle may be parked only on a street or alley, or in a properly .- surfaced parking facility. Vehicles may be parked on grass or outside a parking facility when a flood or other emergency prohibits the use of the parking facility. 2 . A recreational vehicle may be parked only on an approved sales lot or self-storage facility, or as -- specified in the parking provisions relating to residential parking facilities . C. Expansion of Existing Uses. Any existing use or structure which is altered or enlarged must comply with the provisions of this section. D. Reduction of Parking Spaces. Off-street parking spaces existing upon the effective date of this Chapter shall not be reduced in number below the requirements set forth in this section for that use . E. Use of Parking Space. No required off-street parking space shall be used for an open sales lot or for open storage. F. Maintenance. The owner of the principal use, uses, or -" structure shall maintain the parking facility and curbing in a neat and adequate manner. G. Residential Parking Facilities. 1. Maximum Number of Spaces. Exterior storage or parking shall be limited to a maximum of three (3) 84 vehicles per dwelling on property zoned RR, R-1A, — R-1B, or R-1C. 2 . Use. Off-street parking facilities in an RR, R- - lA, R-1B, R-1C, R-2 , or R-3 zone shall be used solely for the parking of personal vehicles . 3 . Location. Off-street parking facilities in a residential zone shall not be located in the front yard setback or in a street side yard setback. — 4 . Recreational Vehicles . In a residential zone, one of the exterior parking spaces for a dwelling may be used for parking or storing an unoccupied recreational vehicle, less than thirty-five (35) feet in length. No living quarters shall be maintained nor any business practiced in the recreational vehicle while it is so parked or '- stored. The recreational vehicle shall comply with all parking and building setbacks for the zone and shall utilize only the existing driveway — into the site . A recreational vehicle brought by a visitor may be _ parked or occupied for a period not to exceed thirty (30) days while visiting the resident of the property. H. Combined Parking Facilities . Required off-street parking facilities for more than one use, lot, or parcel of land may be provided through joint parking — facility, a shared parking plan, or a cooperative parking plan. When required off-street parking facilities are provided off-site, written authority for _ using such property for off-street parking during the existence of the use shall be filed with the City. No such parking facility at its closest point shall be located more then 300 feet from the use being served. 1. Joint Parking. Off-street parking facilities for two or more uses may be provided in a joint _ facility. The joint parking facility shall include sufficient spaces to meet the separate requirements for each use. 2 . Shared Parking. Off-street parking facilities for two or more uses with substantially different hours of operation may be provided in a shared — facility. Evidence must be submitted showing that the uses normally are not open, used, or operated during substantially the same hours . Up to fifty percent (50%) of the required off-street parking 85 facilities for a use may be provided in a shared parking facility. Shared parking is not a right, and the City shall have the discretion to give credit up to the fifty percent (50%) limitation based upon its review of plans, uses, and other information related to the off-street parking needs . 3 . Cooperative Parking. Off-street parking facilities for one use may be provided on the property of another use in a cooperative facility when that use has more parking spaces than are required. The excess spaces may be shared with another use through a cooperative parking plan. 4. Application. An application for approval of a shared parking plan or a cooperative parking plan shall be filed with the Zoning Administrator. The application shall be signed by the owner or owners of the entire land area to be included within the cooperative parking plan, the owner or owners of all structures then existing on such land areas, and all parties having a legal interest in such land area and structures . The application shall _ include plans showing the location of the use or structures for which off-street parking facilities are required, the location of the off-street parking facilities, and the schedule of times used by those sharing in common. 5 . Review. The application shall be reviewed by the Board of Adjustment and Appeals . Upon approval of a shared parking plan or a cooperative parking plan, the plan shall be recorded in the office of the Scott County Recorder. 6 . Residential Parking Facilities . Required off- street parking in residential zones shall be on the same lot or parcel of land as the structure for which parking is required. Subd. 3 . Design Standards. A. Access. Parking facilities shall provide a direct access to a public alley or street . B. Traffic Flow. Parking facilities shall be designed so that vehicles may enter, circulate, park, and exit in a convenient and orderly fashion. Backing onto streets is prohibited in multiple-family, business, and industry zones . 86 C. Angled Parking. Parking spaces oriented at less than 90 degrees to the aisle shall be limited to one-way circulation. D. Curbing. All off-street parking facilities in multiple-family, business, and industry zones shall be edged with a six (6) inch curb. Each end of a series of parking spaces shall be delineated with a curbed area. E. Surfacing. The entire parking facility shall be surfaced with asphalt or concrete . Parking facilities for only one or two vehicles, and driveways in excess of 50 feet in length in the AG and RR zones may be surfaced with other material which is dust-free and impervious to penetration by water. F. Setback. In all multiple-family residential, business, and industry zones, a minimum fifteen foot setback shall be required between any parking facility and a street . A minimum five (5) foot setback shall be required between any parking facility and any other property line. These parking setbacks shall be landscaped in accordance with the requirements listed in Sec. 11 . 60, Subd. G. Handicap Facilities. Required handicap spaces and ramps shall be provided as specified in the State Building Code. H. Minimum Size of Parking Spaces . Each parking space shall be not less than 9 feet wide . Other minimum dimensional requirements for the design of parking facilities are shown in Table 1 . TABLE 1 Parking Lot Design 87 SIDE LOT LINE CURB LINE FRONT LOT LINE 0 CURB LINE VIN -- -- , ____ �/P B CAL f / / Al 1 I I O I_ � _ -- 1 © o 0 o 0 © ON REAR LOT LINE \ Dimension Diagram 45 60 75 90 Space width, A 12 . 7 10 .4 9 .3 9 . 0 parallel to aisle Space length of line B 25 . 0 22 . 0 20 . 0 20 . 0 Space depth C 17 . 5 19 . 0 19 . 5 20 . 0 Aisle width D 12 . 0 16 . 0 23 . 0 24 . 0 between space lines Space depth, interlock E 15 . 3 17 . 5 18 . 8 24 . 0 Module, edge of pavement F 44 . 8 52 . 5 61 .3 64 . 0 to interlock Module interlocking G 42 . 6 51 . 0 61 . 0 64 . 0 Module, interlocking H 42 . 8 50 . 2 58 . 8 60 . 5 to curb face Bumper overhang I 2 . 0 2 . 3 2 . 5 0 . 0 - Offset J 6 . 3 2 . 7 0 . 5 0 . 0 Cross aisle, one way K 14 . 0 14 . 0 14 . 0 14 . 0 Cross aisle, two way K 24 . 0 24 . 0 24 . 0 24 . 0 Subd. 4 . Required Number of Parking Spaces. A. Floor Area. The term "floor area" for the purpose of calculating the number of required off-street parking spaces shall be the total floor area of all levels of a building, minus hallways, utility spaces, storage areas for uses not involving warehousing, and other accessory spaces . B. Calculating Space. When determining the number of required off-street parking spaces results in a fraction, each fraction of one-half (1/2) or more shall constitute another space . C. Benches . 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Nia4"orat•E*N• EssweligiswesgsWitttUoighliiiiiipm16112111:11111111i011111":1111111:11:11:1111Wing§#§0.: fir"'"""gE--•-1,- gAp.1-I •-•a •••••••••••••••••••••••••• tookimgadt.if : Implemedard'e _ "- e 4.e.oh •"-; Amp Jai a • of f1Ø ara1 c,r ••• employee on 4.1.t grea-46Y provided on benches, pews, or other similar items, each 22 inches of such seating shall be counted as one seat for the purpose of determining required parking. D. Uses Not Listed. When the parking requirements for a use are not specified, the Zoning Administrator shall determine which listed use or uses are the most similar to the proposed use. The parking requirements for that listed use or uses shall apply to the proposed use . E. Required Off-Street Parking. Each use must provide, at a minimum, the number of required off-street parking spaces listed on Table 2 . For lots or parcels of land containing more than one use, the minimum number of required off-street parking spaces for each use must be provided. TABLE 2 NUMBER OF REQUIRED OFF-STREET PARKING SPACES PER UNIT OF MEASUREMENT Use or Use Category Number Unit 1. Residential and Lodging a. Single family, two- 2 . 0 dwelling family, or multiple- family dwellings b. Senior citizen housing and 1 . 0 dwelling congregate housing c. Bed and breakfast inns 1 . 0 guest room 1 . 0 operator d. Motels, hotels - excluding 1 . 0 guest room restaurants and night clubs +1 . 0 two employees 2 . Education, Cultural, and Institutional a. Jr. high, elementary and 1 . 0 classroom nursery schools +1 . 0 50 student design capacity b. Senior high schools 1 . 0 7 student design capacity +1 . 0 classroom c . Churches, auditoriums, funeral homes 1 . 0 4 seats in 89 main assembly area d. Nursing homes 4 . 0 minimum +1 . 0 500 square feet of floor area _ over 1000 s . f . e. Hospitals 1 . 0 2 hospital beds f . Public buildings, community centers, 10 . 0 minimum public libraries, +1 . 0 300 square feet art galleries, museums, of floor area post office over 1000 s . f . g. public recreation 1 . 0 3 persons attending design capacity h. Golf courses, sports 20 . 0 minimum facility, fitness club +1 . 0 300 square _ feet of floor area over 1000 s . f . i . Athletic field 1 . 0 8 seats j . Commercial recreation 15 . 0 minimum +1 . 0 300 square feet of floor area over 2000 s . f . 3 . Business/Industry a. airports and heliports 1 . 0 4 seats in waiting area +1 . 0 employee on largest shift b. animal hospitals, 1 . 0 500 square 90 feet veterinary clinics c . bowling alley 5 . 0 bowling — lane d. bus terminals 1 . 0 500 square feet e. car washes 3 . 0 stall — f . cemeteries 4 . 0 minimum g. commercial feedlots 1 . 0 employee — on largest shift h. concrete or asphalt plants 1 . 0 employee on largest shift i . day care facility 1 . 0 per 5 children j . dry cleaning plants 1 . 0 300 square feet k. financial institutions 1 . 0 200 square — feet of floor area 1 . forestry and nursery uses 1 . 0 500 square feet of sales area m. funeral homes 1 . 0 employee on largest shift n. furniture and 1 . 0 400 square feet _ appliance stores of floor area o. gas stations 1 . 0 6 gas — pumps +1 . 0 150 square feet — p. grain elevators 1 . 0 employee 91 on largest shift — q. industrial or technical 1 . 0 3 students training schools +1 . 0 employee on largest — shift r. junkyards 1 . 0 employee on largest shift s . kennels 1 . 0 400 square — feet t . landscaping service 1 . 0 employee on _ and contractors largest shift +1 . 0 500 square feet — of sales area — u. manufacturing and processing 1 . 0 500 square feet facilities of floor area, or employee on largest — shift, whichever is greater v. medical, dental clinics 1 . 0 200 square feet of floor area — w. motor freight terminals 1 . 0 1000 square feet — +1 . 0 200 square feet of office area x. offices 1 . 0 250 square feet of — floor area y. open sales lots, use 1 . 0 500 square — feet 92 with exterior storage of sales area of goods for sale z . printing or publishing 1 . 0 employee on facilities largest shift aa. private lodges and clubs 1 . 0 4 seats bb. railroad operations 1 . 0 employee on largest shift cc . recycling or composting 1 . 0 1, 000 square facilities feet, or employee on largest shift, whichever is greater dd. research, experimental 1 . 0 employee on or testing facilities largest shift ee . restaurants (class I) 1 . 0 3 seats ff . restaurants (class II) 1 . 0 50 square feet of floor area +1. 0 3 seats gg. retail establishments 1 . 0 150 square feet of floor area hh. riding academies 1 . 0 4 horse stalls ii . seasonal produce stands 3 . 0 minimum jj . self-storage facilities 1 . 0 10 storage units +1 . 0 employee on largest shift +1 . 0 resident manager kk. service garages for 4 . 0 minimum major vehicle repair +1 . 0 service 93 stall 11 . shopping centers 1 . 0 200 square feet of floor area mm. taverns 1 . 0 50 square feet of floor area nn. taxi stands 1 . 0 employee oo. theaters, auditoriums, 1 . 0 4 seats or sports arenas pp. truck or trailer rental 1 . 0 400 square feet facilities qq. uses having a drive-up 1 . 0 driving lane or drive-through window _ rr. vehicle, marine, 6 . 0 minimum implement, garden +1 . 0 500 square feet supply, building of floor area and material sales over 1000 s . f . ss . vending machine establishments 1 . 0 vending machine tt . warehouses 1 . 0 employee on largest shift uu. wholesaling establishments 1 . 0 1, 000 square feet of floor area, or employee on _ largest shift, whichever is greater 94 SEC. 11. 62 . DRIVEWAYS. Subd. 1. Purpose. The purpose of the regulation of driveways is to alleviate or prevent congestion of the public right-of-way and — to promote the safety and general welfare of the public by establishing minimum requirements for driveways based on the use of the land. Subd. 2 . General Provisions. A. Application. The provisions of this section apply to — the required and non-required driveways in all zones . B. Use of Driveway. No required off-street driveway shall — be used for an open sales lot or for open storage . C. Maintenance. The owner of the principal use, uses, or structure shall maintain the driveway and curbs in a neat and adequate manner. D. Shared Driveways. Driveways serving more than one lot — or parcel of land may be approved by the Board of Adjustment and Appeals . The Board of Adjustment and Appeals in approving shared driveways shall require the — following: 1. A property owner' s association or maintenance agreement for the driveway must be executed — designating the party responsible for maintaining the driveway, and granting that party the right to assess all properties benefitting from the — driveway for the cost of maintenance. The agreement also shall grant the City the right to enter and maintain the driveway when it deems _ necessary to maintain safe access, and to charge the cost of such maintenance back to the property owners . — 2 . When the proposed shared driveway is an existing driveway, the Board of Adjustment and Appeals shall review the condition of the driveway and — make a determination as to whether the driveway must be upgraded to insure proper and safe access . If the Board of Adjustment and Appeals determines that the driveway must be upgraded, the homeowner' s association or property owners will be required to execute a developer' s agreement with the City for the improvement of the driveway. Subd. 3 . Design Standards . — A. Access. No vehicle shall be allowed to access a lot or 95 parcel of land except at the approved driveway location. B. Turn Around Area. Construction of on-site turn-around facilities is required for multiple-family, business, and industrial uses in order to eliminate any backing out onto the street . C. Traffic Flow. Driveways shall be designed so that vehicles may enter, circulate, park, and exit parking facilities in a convenient and orderly fashion. The traffic generated by any use shall be channeled and controlled in a manner that will avoid congestion on the streets, traffic hazards, and excessive traffic through residential areas, particularly commercial vehicles . D. Curbing. All driveways for multiple-family, business, and industrial uses shall be edged with a six (6) inch curb. E. Surfacing,. All driveways shall be surfaced with asphalt or concrete . Driveways leading to parking spaces for only one or two vehicles, and driveways in excess of 50 feet in length in the AG and RR zones, may be surfaced with other material which is dust-free and impervious to penetration by water. F. Curb Cuts . The number and size of driveways intersecting with City streets shall be in accordance with Chapter 7 of the City Code and as approved by the City Engineer. Driveways onto County roads are regulated by the County Engineer. Driveways onto state and federal highways are regulated by the Minnesota Department of Transportation. G. Driveway Setback. Driveways shall be set back a minimum of five (5) feet from any side or rear lot line. No driveway shall be closer than three (3) feet to any single or two family dwelling, nor closer than five (5) feet to any multiple-family or business building. H. Number of Driveways . A maximum of one driveway per 200 feet of frontage shall be allowed for multiple-family, business and industrial uses . I. Driveway Widths . Driveways widths shall be as approved by the City Engineer. J. Driveway Location. Driveways shall be located outside the sight triangle and as far as possible from any 96 street corner. Driveway locations shall be selected to — cause the least interference with the movement of traffic on streets . — K. Emergency Vehicles . All driveways shall have a minimum width of ten (10) feet with a pavement strength capable of supporting emergency vehicles . L. Maximum Driveway Grade. No driveway grade shall exceed 10% within 25 feet of the property line . 97 SEC. 11. 63 . LOADING FACILITIES. Subd. 1 . Purpose. The purpose of the regulation of off-street loading is to alleviate or prevent congestion of the public right-of-way and to promote the safety and general welfare of the public by establishing minimum requirements for loading and unloading from vehicles based on the use of the land. Subd. 2 . General Provisions. A. Application. The provisions of this section apply to the required and non-required off-street loading facilities in all zones, except that property within the B-3 zone is exempt from the off-street loading requirements . B. Expansion of Existing Uses . Any existing use or structure which is altered or enlarged must comply with the provisions of this section. C. Calculation. All loading space requirements shall be in addition to any parking space or driveway requirements . _ D. Use of Loading Space. No required loading space shall be used for an open sales lot or exterior storage . E. Maintenance. The owner of the principal use, uses, or structure shall maintain the loading space and curbing in a neat and adequate manner. Subd. 3 . Design Standards . A. Access. Loading spaces shall have a direct access to a public alley or street . B. Traffic Flow. Loading spaces shall be designed so that vehicles may enter and exit in a convenient and orderly fashion. Backing onto streets is prohibited in multiple-family, business, and industry zones . The loading spaces shall be located to cause the least interfere with the movement of traffic on streets . C. Surfacing. All loading spaces shall be surfaced with asphalt or concrete. D. Setback. All loading spaces shall be set back a minimum of 25 feet from any street corner. Loading spaces are prohibited in the front yard setback. E. Minimum Size of Loading Spaces . Unless otherwise specified, the first space required shall be not less 98 than 12 feet in width and 50 feet in length. Additional spaces shall be not less than 12 feet in width and 50 feet in length. All loading spaces shall maintain a height of 14 feet or more. Subd. 4 . Required Number of Loading Spaces. Each use specified below shall have, as a minimum, the listed number of loading spaces . A. Auditorium, Convention Hall, Public Buildings, Hospitals, Schools, Hotels, Sports Arena. One loading space 25 feet in length for each building having 1, 000 to 10, 000 square feet of floor area, plus one loading space 50 feet in length for each 10, 000 to 100, 000 square feet of floor area. B. Retail Establishments, Offices. One loading space 25 feet in length for each building having 6 , 000 square feet or more of floor area; plus one loading space 50 feet in length for each 25, 000 to 100, 000 square feet of floor area. C. Manufacturing, Fabrication, Processing and Warehousing. One loading space 25 feet in length for each building having 3 , 000 square feet of floor area; plus one loading space 50 feet in length for each 25, 000 to 100, 000 square feet of floor area, plus one loading space for each 50, 000 square feet of floor area over the first 100, 000 square feet of floor area. At least half of the loading spaces for buildings above 100, 000 square feet of floor area shall be 50 feet in length. 99 SEC. 11.70 . SIGNS. Subd. 1. Purpose. The purpose of this section is to protect and promote the general health, safety, and welfare of the City through the establishment of a comprehensive series of standards, regulations, and procedures governing the erection, use, and display of signs . The provisions of this section are intended to encourage creativity, a reasonable degree of freedom of choice, an opportunity for effective communication, and a sense of concern for the visual amenities on the part of those designing, displaying, or otherwise utilizing signs, while assuring that the public is not endangered, annoyed, or distracted by the unsafe, disorderly, indiscriminate, or unnecessary use of signs . Subd. 2 . Prohibited Signs. The following signs are prohibited in all zones : A. Abandoned signs. Signs which identify, advertise, or provide direction to a use, business, industry, or service, which has ceased existence or moved from the premises, shall be removed within sixty (60) days of the cessation or relocation of such use, business, industry, or service. B. Signs resembling official signs . Signs resembling official signs, or containing emblems or names resembling official emblems or names, are prohibited unless authorized by a government body. C. Offensive signs. No sign shall contain any indecent or obscene material . Subd. 3 . Safety Provisions . A. Proper attachment. No sign shall be attached to or hang from a building until all necessary wall and/or roof attachments have been approved by the Building Official . B. Shielding illuminated signs. All illuminated signs shall have a shielded light source to prevent glare onto dwellings and public right-of-way. C. Interference with vision. No sign shall obstruct the vision of vehicle drivers or pedestrians at street or driveway intersections . Sight triangles as described in this Chapter shall be unobstructed. D. Distracting signs . Flashing signs, motion signs, revolving signs, revolving beacons, zip flashers, and similar devices are prohibited. A flashing sign is an illuminated sign on which such illumination is not kept 100 constant in intensity or color at all times when such sign is in use . A motion sign is a sign which revolves, rotates, or moves in any way by mechanical means or wind power, or which gives the illusion of movement . Subd. 4 . Ideological and Non-commercial Signs . Any sign permitted under this section may contain ideological or non- commercial copy in lieu of any other copy. An ideological or non-commercial sign is a sign which does not name or advertise a product, service, or business, but only expresses a viewpoint, opinion, idea, or non-commercial message, such as a public service message or a message relating to politics, religion, or charity. Subd. 5 . Location of Sign. A. Free-standing signs. Free-standing signs may advertise only a business, commodity, or service which is located or performed on the lot or parcel of land where the sign is situated. B. Roof signs. Signs erected upon or projecting above the roof line and affixed to a structure are prohibited. C. Window signs. Window signs shall not exceed 25% of the window area or exceed 32 square feet, whichever is less, except as allowed in the B-3 zone . D. Awnings, canopies, and marquees. Awnings, canopies, and marquees are structures attached to and projecting over the entrance to a building, and made of cloth, metal, or other weather-resistant material . They shall be considered an integral part of the structure to _ which they are attached. One sign is permitted on each side and the front of an awning, canopy, or marquee . An awning, canopy or marquee shall not be considered part of the wall area for purposes of calculating permissible sign area. Limitations on the size of signs on awnings, canopies, and marquees apply regardless of the number of tenants located within the building. E. Signs over public right-of-way. No signs shall be erected or placed within or over a public right-of-way with the exception of government signs, specified temporary signs, and signs specified in the B-3 zone. F. Signs on natural surfaces or structures . No signs shall be painted, attached, or in any manner affixed to trees, rocks, or similar natural surfaces, nor shall signs of any type be painted directly on the wall or 101 roof of a structure, except that mural signs shall be allowed in the B-3 zone, and window signs are allowed. G. Obstructing egress . No sign shall obstruct any window, — door, fire escape, or opening intended to provide ingress to or egress from any structure . Subd. 6 . Temporary Signs. Temporary signs in all zones are prohibited except as follows : A. Temporary banners and pennants employed for grand — openings of business establishments or special events shall be permitted upon issuance of a temporary sign permit . A special event is an occurrence having a — particular purpose which does not occur on a regular basis . Banners and pennants include any attention-getting devices resembling a flag and which are printed or displayed upon paper, canvas, or weather-resistant material, with or without a frame. Business establishments and organizations will be allowed to have any number of temporary banner and pennant permits so long as the aggregate time period for displaying said banners or pennants does not exceed 30 days during any calendar year. No business or — organization will be permitted more than one temporary banner or pennant permit at a time . The total sign area for temporary banners or pennants shall not exceed 32 square feet . B. One temporary unilluminated identification sign setting forth the name of the project, architect, engineers, — contractors and financing agencies may be installed at a construction site in any zone for the period of construction only. Temporary identification signs _ shall not exceed 32 square feet in area. Such signs shall be removed within seven (7) days following issuance of a certificate of occupancy. — C. Temporary unilluminated real estate signs may be placed in any zone for the purpose of advertising the sale or lease of the property upon which it is placed. Only — one such sign is permitted per street frontage . The maximum size of such sign shall be 8 square feet in the RR, R-1A, R-1B and R-1C zones, except that a real _ estate sign advertising an entire residential development shall not exceed 32 square feet . Real estate signs in all other zones shall not exceed 32 square feet . Real estate signs shall be removed within — seven (7) days following the closing of the sale or lease transaction. Signs greater than 8 square feet shall be removed within seven (7) days of the sale or — lease or within one (1) year, whichever occurs first . 102 D. A portable sign used for the purpose of directing vehicular or pedestrian traffic may be permitted upon issuance of a temporary sign permit . The sign must be coincidental to, or used in conjunction with, traffic control, and the period of use shall not exceed fourteen (14) days . The sign shall be no larger than 32 square feet and shall be removed within two (2) days after termination of the event or function. Subd. 7 . Directional and Informational Signs . A. Directional signs. Each separately owned tract of land may have one directional sign. Major commercial recreation facilities and business complexes may have one directional sign for each driveway intersecting with a street . Directional signs shall bear no advertising and shall not exceed 4 square feet in area. B. Recreation directional signs. Directional signs about public recreation or major commercial recreation facilities shall not exceed 12 square feet and shall be allowed in the AG, B-1, RT, I-1, and I-2 zones . C. Public information signs . Public information signs shall be counted as part of the allowable signage provided within the various zones . D. Government signs. Government signs shall be permitted in all zones . Subd. 8 . Signs Not Regulated. Signs which are located on the — interior of a structure, signs not designed for view by the general public, national flags, flags of political subdivisions, and holiday decorations are not regulated by this section. Subd. 9 . Residential Zone Regulations . The following signs shall be permitted in the residential zones : A. Nameplate signs. One sign not to exceed 2 square feet for an individual dwelling unit . One sign not to exceed 6 square feet for each group of six to twelve dwelling units . One nameplate sign not to exceed 12 square feet for each group of 13 or more dwelling units . No sign shall have more than two display surfaces . B. Area identification signs . One sign, not to exceed 24 square feet, for each entrance into the project area. C. Free standing signs. Free standing pylon signs are prohibited. 103 D. Governmental, institutional, and recreational signs. One sign or message board per entrance up to a maximum of four per structure for a church or place of worship, public building, institution, public recreation, or commercial recreation facility. Such sign or message board shall not exceed 50 square feet in area and shall be set back at least 10 feet from any right-of-way line . E. Temporary and directional signs. Temporary and directional signs as described above shall be permitted. F. Public recreation directional signs . Public recreation directional signs as described above shall be permitted. Subd. 10 . Highway Business and Office Business Zone Regulations. The following signs shall be permitted in the B-1 and B-2 zones : A. Wall signs. 1. On the front of a building. Wall signs on the front of a building shall not exceed two square _ feet for each linear foot of the building wall on which the sign is mounted, up to a maximum of 200 square feet . Business complexes shall be allowed 2 square feet for each linear foot of the building wall on which the sign is mounted up to a maximum of 200 square feet per tenant on the front of a building. The front of the building is the wall of the building with the main entrance . 2 . Not on the front of a building. Wall mounted _ signs on building walls other than the front if that wall faces a street or there is an entrance on that side of the building. These signs may have one square foot for each linear foot of the building wall on which the sign is mounted up to a maximum of 100 square feet . Business complexes shall be allowed one square foot per linear foot of building wall on which the sign is mounted up to a maximum of 100 square feet per tenant on a side of the building other than the front . B. Free standing and business complex signs . Free standing and business complex signs shall not exceed one square foot per linear foot of street frontage, not to exceed 150 square feet in area. No free standing sign shall exceed 20 feet in height . One sign structure per street frontage shall be permitted. Free standing signs, including temporary ones, having less 104 than ten (10) feet between the bottom of the sign and the ground shall be set back at least ten (10) feet from the right-of-way line. C. Nameplates. One nameplate sign per occupant, not to exceed 2 square feet, shall be allowed. One sign for each building containing multiple tenants, not to exceed 12 square feet, shall be allowed. No sign shall have more than two display surfaces . D. Area identification signs . One sign, not to exceed 50 square feet, for each entrance into the project area. E. Public information signs . One wall or free standing public information sign shall be permitted for each building. F. Temporary and directional signs. Temporary and directional signs as described above shall be permitted. G. Governmental, institutional, and recreational signs. One sign or message board per entrance up to a maximum of four per structure for a church or place of worship, public building, institution, public recreation, or commercial recreation facility. Such sign or message board shall not exceed 50 square feet in area and shall be set back at least 10 feet from any right-of-way line. H. Public recreation directional signs . Public recreation directional signs as described above shall be permitted. I. Major commercial recreation signs . Major commercial recreation uses shall be allowed one free-standing sign per facility or street frontage up to 350 square feet and 30 feet in height from the existing grade when the following requirements have been met : 1. Signs less than 20 feet in height shall include a landscaped area at the base of the sign at least _ 10 feet in width at the narrowest point and extending at least 5 feet beyond the end of the sign. Signs greater than 20 feet in height shall increase the area to be landscaped by an additional one foot in both length and width for each 2 feet of height in excess of 20 feet; 2 . The bottom of the message portion of the sign shall be not more than 10 feet above the top of the landscaping; 105 3 . The pylons or support structure of the sign shall be screened with evergreen trees or shrubs; 4. Other durable plantings at least 2 feet in height shall be designed to occupy a minimum of 50 percent of the required landscape area; 5 . The required landscape area shall not encroach on the public right-of-way; 6 . The sign and landscape area shall be maintained in a neat, clean and orderly manner; 7 . The facility shall have at least 2 feet of street frontage for each square foot of signage; and 8. The sign shall not create a health or safety hazard. Subd. 11 . Central Business Zone Regulations. The following signs shall be permitted in the B-3 zone : A. Wall signs. 1. On the front of a building. Wall signs on the front of a building shall not exceed 1 . 25 square feet for each linear foot of the building wall on which the sign is mounted, up to a maximum of 150 square feet . Business complexes shall be allowed 1 .25 square feet for each linear foot of the building wall on which the sign is mounted up to a maximum of 150 square feet per tenant on the front of a building. The front of the building is the wall of the building with the main entrance . 2 . Not on the front of a building. Wall mounted signs on building walls other than the front if that wall faces a street or there is an entrance on that side of the building. These signs may have one square foot for each linear foot of the building wall on which the sign is mounted up to a _ maximum of 100 square feet . Business complexes shall be allowed one square foot per linear foot of building wall on which the sign is mounted up to a maximum of 100 square feet per tenant on a side of the building other than the front . B. Projecting signs. A projecting sign is a sign, other than a wall sign, which projects from a building wall or structure more than 18 inches at any point . Projecting signs shall be hung at right angles from a building face and shall not project out from the 106 building face more than 36 inches . The bottom of the sign shall allow a minimum of 8 feet clearance. The top of the sign shall not be higher than the lowest point of the roof or parapet of a one-storyl building. No face of the sign shall exceed 12 square feet . Only one projecting sign is allowed per building face. The sign must be constructed of wood. C. Removable letter signs. A removable letter sign is a sign on which changeable messages may be displayed by the use of removable letters . Removable letter signs shall be permitted but shall not exceed a total area of 24 square feet per sign face . D. Free standing and portable signs. Free-standing signs and portable signs are prohibited except for sandwich board signs which do not exceed 12 square feet per sign face. Sandwich board signs may be placed on the sidewalk directly in front of the establishment during hours of operation only but must not interfere with pedestrian traffic . E. Nameplates. One nameplate sign per occupant, not to exceed 2 square feet, shall be allowed. One sign for _ each building containing multiple tenants, not to exceed 12 square feet, shall be allowed. No sign shall have more than two display surfaces . F. Area identification signs . One sign, not to exceed 50 square feet, for each entrance into the project area. G. Public information signs . Public information signs are prohibited. H. Temporary and directional signs . Temporary and directional signs as described above shall be permitted. I. Awnings. All portions of any awning sign shall be at least 8 feet above any sidewalk. A valance attached to an awning may extend 12 inches below the roof of the awning at the point of attachment, but in no case shall any portion of a valance be less than 7 feet in height above a sidewalk. Awnings may extend over public property not more than 7 feet from the face of a supporting building, but no portion shall extend nearer than 2 feet to the face of the nearest curb line measured horizontally, nor interfere with public placements in the right-of-way. In no case shall the awning extend over public property more than 2/3 of the distance from the property line to the nearest curb in front of the building. Awning supports shall not 107 extend down into public property. Signs placed on awnings shall be counted as part of the total allowable signage allowed. J. Window signs. Painting or applying letters on building windows shall be permitted. These letters shall be considered as part of the window signage and shall be _ subject to the regulations of this section. Painted or applied letter signs located on building windows shall not occupy more than 50 percent of the available window area. All other permanent signs located on or within '- building windows shall not occupy more than 10 percent of the available window area. Temporary signs located on or within building windows shall be allowed for a period not to exceed three (3) months . Total signage within any window shall not be greater than 50 percent of the available window area. Window signs shall be considered the same as wall signs and count toward the total square footage allowed under this section. K. Shared facades. For businesses sharing the same facade, the same or a similar method of signing must be used for all parties desiring to place a sign on the facade . L. Maximum number of items . No more than ten display or line items per sign are allowed. A display item is a symbol, a syllable in a word, or any other item of display that transmits a message. M. Mural signs. Mural signs may be permitted with a conditional use permit . N. Exterior signs limitations. No business shall be _ allowed more than two permanent exterior signs per building face, excluding nameplate signs and window signs indicating the operating hours of the business . No single sign shall exceed 150 square feet . O. Obscuring architectural features. No sign shall obscure the architectural features of the building to which the sign is attached. P. Extensions. No sign shall extend beyond the ends of the wall to which it is attached. Q. Historic Compatibility. All signs in this zone should be compatible in style and materials with the structure on which they are located and with the architecture in the zone as a whole. Subd. 12 . Race Track and Industry Zone Regulations . The 108 following signs shall be permitted in the RT, I-1, and I-2 zones : A. Wall signs. 1. On the front of a building. Wall signs on the front of a building shall not exceed 2 square feet for each linear foot of the building wall on which the sign is mounted, up to a maximum of 200 square feet . Business complexes shall be allowed 2 square feet for each linear foot of the building wall on which the sign is mounted up to a maximum of 50 square feet per tenant on the front of a building. The front of the building is the wall of the building with the main entrance . 2 . Not on the front of a building. Wall mounted signs on building walls other than the front if that wall faces a street or there is an entrance on that side of the building. These signs may have one square foot for each linear foot of the building wall on which the sign is mounted up to a maximum of 100 square feet . Business complexes shall be allowed one square foot per linear foot of building wall on which the sign is mounted up to a maximum of 50 square feet per tenant on a side of the building other than the front . B. Free standing signs. Free standing signs shall not exceed one square foot per linear foot of street frontage, not to exceed 150 square feet . No free standing sign shall exceed 20 feet in height . One sign per street frontage shall be permitted. Free standing signs, including temporary ones, having less than ten (10) feet between the bottom of the signs and the ground shall be set back at least ten (10) feet from the right-of-way line . C. Nameplates. One nameplate sign per occupant , not to exceed 2 square feet, shall be allowed. One sign for each building containing multiple tenants, not to exceed 12 square feet in area per surface shall be -- allowed. No sign shall have more than two display surfaces . D. Area identification signs. One sign, not to exceed 50 square feet, for each entrance into the project area. E. Public information signs. One wall or free-standing public information sign shall be permitted for each building. F. Temporary and directional signs. Temporary and 109 directional signs as described above shall be — permitted. G. Governmental, institutional, and recreational signs. One sign or message board per entrance up to a maximum of four per structure for a church or place of worship, public building, institution, public recreation, or _ commercial recreation facility. Such sign or message board shall not exceed 50 square feet in area and shall be set back at least 10 feet from any right-of-way line . H. Recreation directional signs. Directional signs about public recreation or major commercial recreation facilities not exceeding 12 square feet . Subd. 13 . Administration and Enforcement. A. Permit Required. Except as specifically exempted herein, it is unlawful for any person to maintain, install, erect, relocate, or modify any sign without first obtaining a permit . B. Application and Fee. Applications for sign permits shall be made in writing to the Zoning Administrator upon forms furnished by the City. Each application for a permit shall set forth the correct legal description of the tract of land upon which the sign presently exists or is proposed to be located, the location of the sign on said tract of the land, the manner of construction, dimensions of the sign, materials used in the sign, and a complete description and sketch or photograph of the sign. The applicant shall pay the fee set in the most recent Fee Schedule adopted by the City Council . If construction or installation of the sign has not commenced within 120 days from date of issuance of the permit, said permit shall become void. No fee shall be refunded. C. Maintenance. All signs shall be constructed in such a manner and of such material as to be safe and substantial . The exposed backs of all signs and sign structures shall be painted a neutral color. Signs determined by the Building Official to be in a state of _ disrepair shall be restored to good repair by the sign owner, or the owner of the property on which the sign is situated, within thirty (30) days after the mailing of written notice to repair from the Building Official . — In the event of non-compliance with the notice, the City may remove the sign at the expense of the sign owner or the property owner. 110 Subd. 14. Non-Conforming Signs. Signs, including their structures, which do not comply with the provisions of this section are non-conforming and shall be regulated as a non- conforming use. 111 SEC. 11. 80 . ADMINISTRATION AND ENFORCEMENT. Subd. 1. Enforcing Officer. This Chapter shall be administered and enforced by the Zoning Administrator in accordance with its terms, who shall not permit any construction, use, or change of use which does not conform to this Chapter. The Zoning Administrator may designate such additional persons as may be necessary or convenient to assist in administering and enforcing this Chapter. Subd. 2 . Duties of the Zoning Administrator. The Zoning Administrator' s duties shall include the following: A. determine that all building permits comply with the terms of this Chapter; B. conduct inspections of buildings and uses of land to determine compliance with the terms of this Chapter; C. maintain records of all zoning maps, amendments, conditional uses permits, variances, appeals, and other matters regulated by this Chapter; D. administer all applications under this Chapter; E. institute appropriate enforcement proceedings and actions against violators; F. serve as staff advisor to the Planning Commission and the Board of Adjustment and Appeals; G. prepare reports and information for the Planning Commission and the Board of Adjustment and Appeals, and may attend their meetings and participate in their _ hearings and discussions, but shall not vote on any item before the Planning Commission or the Board of Adjustment and Appeals; and H. perform such other functions as may be necessary to enforce and administer this Chapter. Subd. 3 . Notice. Failure to give notice or to give adequate notice when such is required by this Chapter shall not invalidate any proceeding, provided that a good faith attempt has been made to comply with the notice requirement . Subd. 4 . Fees. The fees required by this Chapter shall be those specified in the most recent Fee Schedule adopted by the City Council . Fees are payable at the time of submission of an application and no application shall be deemed to be complete until the fee has been paid. The fee may be waived by the City Council in the case of applications filed in the public interest 112 by the Planning Commission or City Council . 113 SEC. 11. 81. GENERAL PROVISIONS. Subd. 1. Development Standards . A. Frontage Required. A platted lot or parcel of land shall not be developed unless it has frontage on a street, or has access approved through a planned unit development . B. Sewage. A platted lot or parcel of land shall not be developed unless a safe and adequate sewage treatment system can be installed to serve any building. C. Setbacks from Streets. On lots abutting two or more streets, the required front yard setback shall be provided for each side abutting a street . The front yard shall be the side with the shortest street _ frontage. In the RR, R-lA, R-1B, R-1C, and R-2 zones the required setback shall be reduced by 10 feet in any yard abutting a street other than the front yard. Subd. 2 . Accessory Structures . A. Constructed After Principal Building. No accessory structure shall be constructed on any residential lot prior to the construction of the principal building to which it is accessory. B. Size. Except in the AG zone, no accessory structure shall exceed the height of the principal building or 15 feet in a residential zone, whichever is less . In the R-1A, R-1B, R-1C, R-2 , and R-3 zones, no accessory building shall exceed ten (10) percent of the lot area or exceed 75% of the square footage of the footprint of the principal dwelling, whichever is less . C. Setback from Street. Each accessory structure shall be set back from any street at least as far as the — principal building on the lot, or shall meet the street yard setbacks required for the principal building, whichever is less . In the AG and RR zones, no accessory structure may be located closer to the front lot line than the principal buildings or 200 feet, whichever is less . D. Side and Rear Yard Setbacks . An accessory structure shall be set back a minimum of five (5) feet from the side or rear lot line. A garage shall be set back a minimum of twenty (20) feet from the lot line abutting the street or alley where the driveway takes access . Subd. 3 . Required Yards and Open Space. 114 A. No required yard or other open space allocated to one building shall be used to satisfy yard or open space requirements for any other building. B. The following shall not be considered to be encroachments on yard requirements : 1. Structural or decorative building elements, provided they do not extend more than 2 feet into a yard. 2 . Yard lights and name plate signs . 3 . Terraces, steps, or similar structures, which do not exceed the height of the main entry door sill and are set back a minimum of five feet from each lot line . In rear yards, fire escapes not to exceed a width of 3 feet, recreational equipment, and permitted off-street parking, provided they are set back a minimum of five feet from each lot line . C. Buildings may be excluded from side yard requirements if party walls are utilized, and the adjacent buildings are planned to be constructed as an integral structure . Subd. 4 . Essential Utility Services . Essential utility services and essential utility service structures are exempt from the application of this Chapter when located within public easements . Subd. 5 . Number of Buildings Per Lot. Only one principal building shall be located on a lot, unless the lot is subject to a planned unit development or has a conditional use permit for a development containing more than one principal structure per lot . 115 SEC. 11.82 . PLANNING COMMISSION. Subd. 1. Powers and Duties. The Planning Commission shall provide assistance to the City Council in the administration of this Chapter; and shall review all matters referred to them, including land acquisitions and dispositions, and capital improvements. The Planning Commission shall review and hold public hearings on all applications for official mapping requests, comprehensive plan amendments, and zoning ordinance amendments using the criteria set forth in this ordinance. Subd. 2 . Actions. The Planning Commission shall make recommendations to the City Council on items before it within a reasonable time or such time as shall be prescribed by statute or ordinance . Failure by the Planning Commission to make a recommendation within the required period shall be deemed to be a denial if the delay is appealed by the applicant . The Planning _ Commission may condition its recommendation in order to effect the intent of this ordinance. The Planning Commission shall accompany its recommendation to deny an application with a statement of its findings regarding the matter. Subd. 3 . City Council Review. The City Council may adopt, modify or reject the recommendation of the Planning Commission by vote of a simple majority of those present, unless otherwise required by statute or this ordinance . Subd. 4 . Land Acquisitions and Dispositions, and Capital Improvements. Prior to the acquisition or disposition of a publicly owned interest in real property within the City, or the authorization of any capital improvement, the Planning Commission shall reviewed the proposed acquisition, disposition, or capital improvement for compliance with the Comprehensive Plan. This requirement applies to proposed acquisition, dispositions, and capital improvements by the City or a special district or agency thereof, or any other political subdivision which has jurisdiction within the City. The Planning Commission shall report its findings in writing to the appropriate City, district, agency, or political subdivision within 45 days . Failure of the Planning Commission to report on the proposal within 45 days, or such other period as may be designated by the City Council, shall be deemed an approval . The City Council may dispense with the requirements of this paragraph when, in its judgment, it finds that the proposal has no relationship to the comprehensive plan. Subd. 5 . Official Maps. For the purpose of carrying out the policies of the major thoroughfare plan and the community facilities plan, the Planning Commission may recommend to the City Council a proposed official map covering all or a part of the City. The official map shall identify land needed for future public uses . The City Council may, after holding a public hearing, adopt and amend the official map by ordinance . A notice 116 _ of the time, place and purpose of the hearing shall be published in the official newspaper at least ten days prior to the date of the hearing. The official map or maps shall be prepared in sufficient detail to permit the establishment of the future acquisition lines on the ground. The accuracy of the future acquisition lines shall be attested to by a registered land surveyor. After adoption, a copy of the official map, or sections thereof with a copy of the adopting ordinance attached, shall be filed with the County Recorder. Subd. 6 . Comprehensive Plan. The Planning Commission may recommend to the City Council the adoption and amendment from time to time of a comprehensive plan. The comprehensive plan may be prepared and adopted in sections, each of which relates to a major subject of the plan or to a major geographical section of the city. The City Council may propose the comprehensive plan and amendments to it by resolution submitted to the Planning Commission. Before adopting the comprehensive plan or any section or amendment of the plan, the Planning Commission shall hold at least one public hearing thereon. A notice of the time, place and purpose of the hearing shall be published once in the official newspaper of the City at least ten days before the day of the hearing. A proposed comprehensive plan or an amendment to it may not be acted upon by the City Council until it has received the recommendation of the Planning Commission or until 60 days have elapsed from the date an amendment proposed by the City Council has been submitted to the Planning Commission for _ its recommendation. The City Council may by resolution by a two- thirds vote of all its members adopt and amend the comprehensive plan or portion thereof . 117 SEC. 11. 83 . ZONING ORDINANCE AMENDMENTS. Subd. 1. Initiation. An amendment to the zoning ordinance may be initiated by the City Council, by the Planning Commission, or by application from an affected property owner. Amendments may be in the form of changes to the text of the zoning ordinance or changes to the zoning map. All amendments shall promote the public health, safety, and welfare and be consistent with the comprehensive plan. Subd. 2 . Criteria for Granting a Zoning Ordinance Amendment. The City Council may grant a zoning ordinance amendment when it finds that one or more of the follow criteria exists : A. that the original zoning ordinance is in error; B. that significant changes in community goals and policies have taken place; C. that significant changes in City-wide or neighborhood development patterns have occurred; or D. that the comprehensive plan requires a different provision. An amendment involving a planned unit development or a floodplain overlay zone also must meet the criteria set forth below for that zone . Subd. 3 . Application for Change to Zoning Map. An application for a change to the zoning map may be made by the owner of the property, and shall be submitted to the Zoning Administrator on forms provided by the City. The application shall be accompanied by the following: A. a map or plat of the property and the land within 350 feet thereof; B. a list of the names and addresses of the owners of all properties located wholly or partially within 350 feet of the property as such appear on the records of the Scott County Recorder; C. evidence of ownership or an interest in the property; D. the fee . When the request is for the addition or deletion of an overlay zone, the Zoning Administrator may request that the applicant deposit an additional amount up to $1, 000 . 00 for planning, engineering, administrative, and legal expenses incurred by the City for the review and processing of the application, if the Zoning Administrator anticipates that the 118 application will cause the City to incur such expenses . Any portion of the supplemental deposit which is not used to reimburse the City will be refunded to the applicant; E. if the request is inconsistent with the comprehensive plan, the application must be accompanied by an application for an amendment to the comprehensive plan; F. if the request is to add or delete a planned unit development, or to add land to or delete land from the floodplain overlay zone, the additional application information set forth below must be submitted; and G. such other information as may be required by the City. Subd. 4 . Public Hearing. A. Hearing Required. No zoning amendment shall be adopted until a public hearing has been held by the Planning Commission. A notice of the time, place and purpose of the hearing shall be published in the official newspaper at least ten (10) days prior to the date of the hearing. Where an amendment involves changes in the boundaries of any zone or the addition or deletion of an overlay zone, a similar 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 350 feet of the property to which the amendment relates . In the AG and RR zones, written notice of the public hearing shall be sent to property owners of record within one-half mile of the property in question. B. Recommendation to City Council. The Planning Commission shall submit its recommendation regarding the rezoning application to the City Council within 60 days following the public hearing, unless an extension is agreed to in writing by the applicant . If no recommendation is transmitted by the Planning Commission within sixty (60) days, the City Council may take action without a Planning Commission recommendation. C. Shoreland and Floodplain Overlay Zones. The Commissioner of the Department of Natural Resources shall be given written notice all hearings to consider an amendment to the text or map of the shoreland or floodplain overlay zone at least ten days before the day of the hearing. The notice shall include a draft of the ordinance amendment . 119 Subd. 5 . City Council Action. A. Generally. After receipt of the recommendation of the Planning Commission, or after sixty (60) days from the receipt of application without a Planning Commission recommendation, the City Council shall consider and act on the amendment . The City Council shall mail a copy of its decision to any applicant other than the City Council or the Planning Commission. If the City Council fails to make a decision within 120 days, the amendment shall be deemed to have been denied. The City Council may adopt an amendment to this ordinance only upon an affirmative vote of at least two-thirds of its full membership. B. Shoreland Overlay Zone. A copy of any approved zoning amendment affecting land within the shoreland overlay zone shall be sent to the Commissioner of the Minnesota Department of Natural Resources within 10 days after final action or approval . Subd. 6 . Reapplication. No amendment which is denied wholly or in part by the City Council shall be resubmitted forpenew riod of six (6) months from the date of denial, except on grounds evidence or change of conditions . Subd. 7 . Amendment to the Comprehensive Plan. Any amendment to the zoning map granted by the City Council shall automatically amend the Comprehensive Plan. Subd. 8 . Special Provisions for Planned Unit Developments . A. Criteria for Granting a Planned Unit Development Application. The City Council shall base its decision to grant or deny an application for a planned unit development upon the following factors : 1. whether the proposed development is consistent in all respects with the comprehensive plan and with this ordinance; 2 . whether the proposed development, including deviations from design standards of the underlying zones, is compatible with surrounding land uses; and 3 . whether the proposed development, including deviations from development standards of the underlying zone, provides adequate open space, circulation, parking, recreation, screening, and landscaping. 120 B. Planned Unit Development Application. In addition to the information required for any change to the zoning map, a concept plan and a development plan shall be submitted in support of any request to add a planned unit development to any land. All plans and maps shall be prepared at the same scale unless otherwise approved by the Zoning Administrator. 1. Concept Plan Review. A concept plan is designed to provide a general overview of the proposed development . The Planning Commission, only, shall review the concept plan to determine whether the proposal generally fits the desired development patterns of the City. A concept plan shall include the following: a. a cover letter describing the project, describing any anticipated variances needed, and describing how the project complies with the City' s comprehensive plan; b. a sketch of the project area, including approximate site size, proposed land uses and their approximate location within the site; surrounding land uses; existing and proposed public right-of-way; and unique, problematic, or desirable features of the site, such as wetlands or forests; c. ownership of the property and identity of developer; d. a general description of how adverse impacts on other property will be mitigated; and e. any other information that will be helpful in reviewing the proposal; 2 . Development Plan Review. The development plan shall include the following: a. a survey of the site prepared by a registered surveyor, showing site size, property lines, and legal description; b. a map showing existing improvements and land ownership on and within 200 feet of the site, including the following: i. the location and width of all streets and easements; 121 ii. the location and size of all existing utilities, including sewers, manholes, watermains, hydrants, and culverts; iii. the location and size of all structures; iv. existing zoning; and v. school district boundary lines . c. a map showing natural conditions on and within 200 feet of the site, including the following: i. contour lines at two (2) foot intervals; ii. soil types and their locations; iii. water features and drainage patterns; iv. vegetation, including a list of tree species; d. a development plan showing the following information: i. proposed uses of land, acreage for each use, recreation and open space areas, a tabulation of density or building square footage, impervious surface percentage, and project phasing and development timing; ii. information on proposed lots, including _ location, number, square footage, outer dimensions, and dimensions at setbacks; iii. proposed street information, including right-of-way and pavement widths, names, and layout; iv. information on structures, including location and dimensions of both existing and proposed structures; v. proposed parking, driveway, and loading information, including location and dimensions of all driveways, off-street parking facilities, and loading facilities; vi. proposed and existing sidewalks and 122 trails, including location and dimensions; vii. areas proposed to be dedicated to the public, including location, dimensions, and acreage; and viii open space areas and amenities designed to obtain open space credits, including location, dimensions, acreage, and detailed information about any amenities; e. an information table showing density per acre, open space area requirements, and estimated open space credits; f. a utility plan showing the following: i. proposed location and size of sanitary sewer, watermains, storm sewers, and the gradient of each; ii. proposed point of discharge or connection to existing utilities; iii. location and dimensions of proposed and existing easements; and iv. in the rural service area, the location of all proposed or existing wells, a minimum of two septic sites per lot, soil percolation tests, and soil boring tests; g. a stormwater management plan showing the following: i. site grading at two foot contour intervals; ii. proposed stormwater management improvements and techniques; and iii. preliminary stormwater calculations; h. a landscape plan prepared by or under the supervision of a landscape architect showing the following: i. location, size, number, and spacing of all proposed plantings, including common 123 and botanical names; ii. planting schedule by species name and size; iii. any berms, entry monuments, or other landscaping elements; and iv. lighting and signage information, showing the type, height, and location of all exterior lighting and signs; i. a phasing plan showing the timeframe for construction of all improvements; j . preliminary architectural drawings illustrating schematic floor plans, building massing, elevations, structure heights, exterior construction materials, and the typical design and dimension of private yards; k. a traffic analysis prepared by a professional engineer; and 1. such other information as the City Council may require. C. City Council Action. 1. An application for a planned unit development overlay zone may be approved, approved with conditions, or disapproved. The City may impose such conditions as part of the approval of a development plan as it deems necessary in order to _ ensure consistency with the comprehensive plan and this ordinance . The Zoning Administrator shall maintain a record of all approved plans, amendments, and development agreements. 2 . To the extent necessary to protect the City' s interest, for each PUD, the City Attorney shall prepare a development agreement with the developer. The agreement shall specify the terms and conditions of approval and shall be in _ recordable form. No PUD involving a development agreement shall be considered approved until the development agreement has been executed by the City and the developer. D. Amendment. The Planning Commission may approve minor changes to an approved plan upon such hearing and notice, if any, as it deems appropriate . Minor changes 124 are those changes listed below, when these changes do — not significantly alter the original overall design, uses, or intent of the development : — 1. changes in building location or size which do not affect more than 10% of the site and/or floor space, not to exceed 10, 000 square feet; 2 . changes in landscaping, streets, parking, driveways, or site improvements which do not affect more than 10% of the site area, not to exceed 10, 000 square feet; or 3 . changes in dwelling units which do not result in the number of housing units changing by more than 10% . Subd. 9 . Special Provisions for Floodplain Overlay Zones. In addition to the criteria required for any change to the zoning map, all of the following criteria must be found to exist for before the floodplain overlay zone can be removed from any land: A. the area is contiguous to lands outside tie floodplain, and either: 1. the original map was in error; 2 . the area has been filled to or above the elevation of the regional flood; or 3 . the Commissioner of the Department of Natural Resources has granted a special exception to this rule because the Commissioner determined that, through other measures, lands are adequately protected for the intended use; B. the amendment has been submitted to and approved by the Commissioner of the Department of Natural Resources; and C. the amendment meets the Federal Emergency Management .- Agency technical conditions and criteria, and has received the approval of the Federal E;n:ergency Management Agency. 125 SEC. 11. 84 . BOARD OF ADJUSTMENT AND APPEALS . Subd. 1. Powers and Duties. The Board of Adjustment and Appeals shall have the following powers and duties : A. to hear requests for conditional use permits; B. to hear requests for variances which are not closely related to a land use application requiring consideration by the Planning Commission and City Council; — C. to hear and decide appeals where it is alleged that there is an error in any order, requirement, decision — or determination made by the Zoning Administrator or any other person in the enforcement of this Chapter; D. to hear and decide requests for expansion of an existing use or structure, reconstruction of a partially destroyed structure, construction of a new structure, or other intensification of a Type B '" nonconformity, as set forth in Sec . of this Chapter; and — E. to hear requests for shared parking plans, cooperative parking plans, and shared driveways . _ Subd. 2 . Procedures. The Board of Adjustment and Appeals shall conduct a public hearing on all conditional use permits, variances, and appeals before it . Notice of the public hearing shall be published in the official newspaper once at least 10 — days before the hearing. Any matter involving a variance also shall require mailed notice at least 10 days before the hearing to the applicant and the owners of all property located wholly or — partially within 350 feet of the property for which the variance is requested. The Board shall within a reasonable time make a decision regarding any matter before it by adopting findings and shall serve a copy of its decision upon the applicant by mail . Subd. 3 . Combined Parking Facilities . The Board of Adjustment and Appeals shall review applications for shared parking plans — and cooperative parking plans for compliance with the requirements of Sec . 11 . of this Chapter. The Board shall approve a shared parking plan or a cooperative parking plan when it finds that such parking plan provides sufficient parking to — meet the intent of this Chapter, and is not detrimental to the owners and occupants of the surrounding property. Subd. 4 . Shared Driveways . The Board of Adjustment and Appeals shall review applications for shared driveways for compliance with the requirements of Sec . 11 ._ of this Chapter. The Board — shall approve a shared driveway when it finds that the 126 application meets the intent of this Chapter and is not detrimental to the owners and occupants of the affected property. 127 SEC. 11. 85 . CONDITIONAL USE PERMITS . Subd. 1. Criteria for Granting Conditional Use Permits. In granting a conditional use permit, the Board of Adjustment and Appeals shall consider the effect of the proposed use upon the health, safety, morals, and general welfare of the occupants of surrounding lands and the City as a whole . The Board of Adjustment and Appeals shall not grant a conditional use permit without making the following findings : A. the use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity; B. the establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses allowed in the area; C. adequate utilities, access roads, drainage, and other necessary facilities have been or will be provided; D. the use is consistent with the purposes of the zone in which the applicant intends to locate the proposed use; and '- E. the use is not in conflict with the comprehensive plan. Subd. 2 . Application. Application for a conditional use permit shall be made to the Zoning Administrator on forms provided by the City and shall be accompanied by the following: A. the legal description of the property; B. a list of the names and addresses of the owners of all properties situated wholly or partially within 350 feet of the property as such appear on the records of the Scott County Recorder, or such larger area as specified in the applicable conditional use permit provisions; C. evidence of ownership or an interest in the property; D. the fee; E. a plat or map of the property which shows, at a minimum, all lot lines, existing and proposed structures, driveways, and parking spaces; and F. such other information as may be required by the City. 128 Subd. 3 . Public Hearing. A. Generally. After receipt of a completed application, a date shall be set for a public hearing before the Board of Adjustment and Appeals . Not less than 10 days prior to the public hearing, notice shall be published in the official newspaper, and sent by mail to the applicant and to the owners of all properties located wholly or partially within 350 feet, as reflected in the records of the Scott County Recorder. B. Shoreland Overlay Zone. The Commissioner of the Department of Natural Resources shall be given written notice all hearings to consider a conditional use permit in the shoreland overlay zone at least ten days before the day of the hearing. Subd. 4 . Decision. A. Generally. Following the hearing or any continuance which is not appealed by the applicant, the Board of Adjustment and Appeals shall make a decision on the request for a conditional use permit . Conditional use permits may be approved by the affirmative vote of a simple majority of those present . If the Board denies a conditional use permit, it shall make a finding and determination that the conditions required for approval do not exist . All decisions by the Board of Adjustment and Appeals are final subject to appeal to the City Council . B. Shoreland Overlay Zone. A copy of any approved conditional use permit affecting land within the shoreland overlay zone shall be sent to the Commissioner of the Minnesota Department of Natural Resources within 10 days after final action or approval . Subd. 5. Appeal. Any person aggrieved by a decision of the Board of Adjustment and Appeals regarding a conditional use permit may have such decision reviewed by the City Council if a request for review is submitted to the Zoning Administrator within 10 days of the date of the decision. The appeal shall be in writing and shall include a statement of the alleged errors or omissions of the Board. Subd. 6 . Additional Conditions . In_ granting a conditional use permit or altering an existing conditional use permit, the Board of Adjustment and Appeals or the City Council may impose conditions in addition to those specified in this Chapter in order to preserve the health, safety, or welfare of the community or in order to implement the purposes of this Chapter or the 129 comprehensive plan. Subd. 7 . Amendment; Reapplication. A request for an amended conditional use permit shall be administered in a manner similar to that required for a new conditional use permit . An amendment shall include requests for any change in the terms or conditions of the conditional use permit . If an application for a conditional use permit is denied, no application for the same or essentially the same conditional use permit shall be resubmitted for a period of six (6) months from the date of denial . Subd. 8. Recording. A copy of the conditional use permit shall be filed by the City with the Scott County Recorder. The permit shall contain a legal description of the property. Subd. 9 . Term. A conditional use permit shall remain in effect for so long as the conditions agreed upon are observed. A conditional use permit shall become void if it is not used within one year of the date of final action by the City. A conditional use permit shall expire if normal operation of the use has been discontinued for 6 or more months . Time shall be calculated as beginning on the day following the last day in which the use was in normal operation, or following the date of final City action, and shall run continuously thereafter. Subd. 10 . Revocation. The Board of Adjustment and Appeals may review conditional use permits periodically and may revoke a _ permit upon violation of any condition of the permit, requirement of this Chapter, or violation of state or federal law or regulation. If it is discovered after approval of the conditional use permit that the Board' s decision was based at least in part on fraudulent information, the Board may revoke the conditional use permit, modify the conditions, or impose additional conditions to ensure compliance with this Chapter. Subd. 11. Construction During Appeal Period. Any applicant who obtains a building permit and starts construction after the decision of the Board of Adjustment and Appeals, but prior to the termination of the appeal period, assumes the risk that the decision may be reversed upon appeal . When an appeal is received by the City, the applicant will be notified of the appeal and informed of the date of the City Council meeting at which it will be heard. Subd. 12 . Violations. No person shall violate, fail to comply with, or assist, direct, or permit the violation of the terms or conditions of a conditional use permit . Subd. 13 . Special Provisions in the Floodplain Overlay Zone. A. Criteria. In the floodplain overlay zone the Board of Adjustment and Appeals shall not grant a conditional 130 use permit without considering the following factors : 1. the danger to life and property due to increased flood heights or velocities caused by encroachments; 2 . the danger that materials may be swept onto other lands or downstream to the injury of others or that they may block bridges, culverts or other hydraulic structures; 3 . the proposed water and sewer systems, and the ability of these systems to prevent disease, contamination, and unsanitary conditions; 4 . the susceptibility of the proposed use, any structures, and their contents to flood damage, and the effect of such damage on the individual owner; 5 . the importance to the city of the services provided by the proposed use; 6. the need for a waterfront location; 7 . the availability of alternative locations not subject to flooding for the proposed use; 8 . the compatibility of the proposed use with existing development and development anticipated in the foreseeable future; 9 . the relationship of the propcsed use to the comprehensive plan and floodplain management program for the area; 10 . the safety of access to the property in times of flood for emergency and other vehicles; 11. the expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and 12 . other factors relevant to the purposes of this Chapter. B. Application. In addition to the requirements above, application for a conditional use permit in the floodplain overlay zone shall be accompanied by information sufficient to allow the City to determine the regulatory flood protection elevation, and whether the proposed use is in the floodway or the flood fringe 131 area. Such information may include the following: 1. A typical valley cross-section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information; 2 . A plans drawn to scale showing elevations or contours of the ground, existing and proposed structures, fill, or storage of materials; location and elevations of streets; existing land uses and vegetation upstream and downstream; and soil type; and 3 . A profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development . C. In the information submitted to the Board of Adjustment and Appeals, the Zoning Administrator shall include an evaluation of the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, and the adequacy of the plans for protection. D. The City shall determine whether the proposed use is in the floodway or flood fringe area, and determine the regulatory flood protection elevation. This determination includes the following: 1. an estimation of the peak discharge of the regional flood; 2 . a calculation of the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas; and 3 . a computation of the floodway necessary to convey or store the regional flood without increasing flood stages more than 0 . 5 foot . A lesser stage increase than 0 . 5 foot shall be required if, as a result of the additional stage increase, greater flood damages would result . An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries . An "equal degree of encroachment" is a method of determining the location of floodway boundaries so that floodplain areas on both sides of a stream are capable of conveying a proportionate share of flood flows . 132 E. The Zoning Administrator shall present these technical determinations to the Planning Commission and the City Council . The City Council shall accept the technical evaluation and the recommended floodway or flood fringe area boundary, or deny the permit application. The City Council, prior to official action, may submit the application and all supporting data and analysis to the Federal Emergency Management Agency or the Department of Natural Resources . F. The Zoning Administrator shall maintain a record of the elevation of the first floor, including basement, of all new structures or additions to existing structures in the floodplain overlay zone . The Zoning Administrator also shall maintain a record of the elevations to which structures or additions to structures are flood-proofed. As-built elevations for elevated or flood proofed structures shall be certified by ground surveys and flood proofing techniques shall be designed and certified by a registered professional engineer or architect . 133 SEC. 11.86 . CONDITIONAL USE PERMIT STANDARDS FOR RESIDENTIAL ZONES. Subd. 1. Purpose. It is in the intent of the City in establishing general and specific criteria for conditional uses that such uses be subject to careful evaluation to ensure that their location and design are consistent with the standards, purposes and procedures of this Chapter and the comprehensive plan, and do not have a detrimental impact on neighboring properties . The Board of Adjustment and Appeals may impose conditions on such uses in order to ensure compliance or to — effect the purpose of this Chapter. Subd. 2 . Specific Standards in the Residential Zones . In addition to the standards specified in Sec . 11 . of this Chapter, no conditional use permit shall be granted in the residential zones unless the Board of Adjustment and Appeals determines that all of the specific standards contained in this subdivision will be met : A. agricultural research facilities : 1. shall provide evidence that the research facility' s work will not present a hazard to plants or animals on adjacent properties; 2 . shall screen all exterior storage from any adjacent residential uses; and 3 . shall landscape all structures and parking facilities . B. animal hospitals and veterinary clinics : 1. shall not be located on a lot or parcel of land adjacent to any R-1A, R-1B, or R-1C zone; 2 . shall submit a plan for the disposal of all wastes; 3 . shall have all animals attended and leashed during exercise runs; and 4 . shall landscape all structures and parking facilities . C. bed and breakfast inns : _ 1. shall meet all requirements of the Minnesota Department of Health; 2 . if providing meals, shall serve them only to 134 guests renting a room; and 3 . shall provide off-street parking which is screened in accordance with Sec . ; 4. shall be the residence of the owner or operator; 5 . shall landscape all structures and parking facilities . 135 D. boathouses : 1. shall not be designed or used for human habitation; 2 . shall not contain sanitary facilities; 3 . shall be set back a minimum of 10 feet from the — ordinary high water level ; 4. shall not occupy an area greater than 250 square — feet; 5 . shall be constructed or screened to reduce — visibility from public waters and adjacent shorelands through the use of vegetation, topography, color or increased setback, assuming summer leaf-on conditions ; and — 6 . if located on shorelands adjacent to recreational development waterbodies, shall not occupy an area — greater than 400 square feet . The width of the structure shall not exceed 20 feet as measured parallel to the shoreline. E. cemeteries : 1. shall have a minimum lot size of five acres; — 2 . shall be located adjacent to an arterial or collector street as identified in the — comprehensive plan; and 3 . shall be screened to a height of 3 feet . F. churches and other places of worship : 1. shall be located adjacent to an arterial or — collector street as identified in the comprehensive plan; — 2 . shall have parking facilities set back 15 feet from residential property; 3 . shall screen parking facilities adjacent to residential property with a berm and/or landscaping to a minimum height of 3 feet; and — 4 . shall have an impervious surface percent of no more than 70 percent, and the remainder of the site shall be landscaped. 136 G. commercial feed lots : 1. shall be a minimum of 1320 feet from any residential zone other than AG; and 2 . shall comply with all requirements of the Minnesota Pollution Control Agency with regard to the disposal of manure. H. commercial recreation, but limited to golf courses : 1. shall be located adjacent to an arterial or collector street as identified in the comprehensive plan; 2 . shall have all buildings set back 50 feet from all property lines; 3 . shall submit a water management plan to address water use for irrigation; and 4. shall landscape all structures and parking facilities . I. commercial recreation, minor: 1. shall be located adjacent to an arterial or collector street as identified in the comprehensive plan; 2 . shall have all buildings set back 50 feet from all property lines; and 3 . shall landscape all structures and parking facilities . J. day care facilities serving 13 through 16 persons : 1. shall not have any external building changes or improvements which alter the original character of the house; 2 . shall have drop-off and pick-up areas located outside of the public right-of-way, and designed to enhance vehicular and pedestrian safely; and 3 . shall have outdoor play areas located and designed to minimize visual and noise impacts on adjacent residential uses; and 4. shall be on a site served by public water and sanitary sewer. 137 K. developments containing more than one principal structure per lot : 1. shall be on a lot that meets all design standards and public improvement requirements prescribed by Chapter 12 ; 2 . shall be designed and placed to facilitate ingress, egress, and overall circulation, both for the development as a whole and for the individual buildings and structures within the development; and 3 . shall consist of structures that are owned, maintained, and operated under unified control in accordance with a plan which contain provisions providing for the enforcement thereof . L. essential utility service structures . All essential utility service structures except water towers and electrical substations shall be subject to the following: 1. shall be less than 400 square feet in area; 2 . shall be less than 15 feet in height; 3 . may only be used to provide weather protection for utility equipment; and 4 . shall be designed, placed, and landscaped as necessary to assure that it blends in with the neighboring uses, and is unobtrusive. M. flood fringe area uses : 1. shall have all structures, materials, and equipment elevated on fill . The lowest floor, including basement, shall be at or above the regulatory flood protection elevation. The finished fill elevation for a structure shall be _ no lower than one (1) foot below the regulatory flood protection elevation and the fill shall extend at such elevation at least fifteen (15) feet beyond the outside limits of the structure erected thereon. Fill shall be compacted and the slopes shall be protected by riprap or vegetative covering. This provision shall not apply to (1) accessory structures that constitute a minimal investment, do not exceed S00 square feet for the outside dimension at ground level, and which are internally floodproofed in accordance with the 138 conditional use permit provisions for accessory structures in the floodway area, (2) a dwelling otherwise elevated as described below, (3) a floodproofed basement, or (4) an elevated or floodproofed business structure . 2 . shall limit the placement of fill to one-thousand (1, 000) cubic yards of fill or less, unless either — the fill is specifically intended to elevate a structure in accordance with this section, or the conditions in paragraph 1 above for fill are met . 3 . for a dwelling, may elevate the lowest floor above the regulatory flood protection elevation by means _ other than fill when a lot or site cannot be filled due to existing streets, utilities, or small lot sizes . 4. for a dwelling, shall not include a residential basement below the flood protection elevation, unless it is floodproofed to FP-1 classification in accordance with the State Building Code . No floor or portion of a dwelling below the regulatory flood protection elevation may be used for human occupancy. 5 . for a business structure, may elevate the lowest floor above the regulatory flood protection elevation by a method other than the use of fill . These alternative methods may include the use of stilts, pilings, parallel walls, etc . , or above- - grade, enclosed areas such as crawl spaces or tuck under garages . The base or floor of an enclosed area shall be considered above-grade and not a structure' s basement or lowest floor if : (1) the enclosed area is above-grade on at least one side of the structure; (2) it is designed to internally flood and is constructed with flood resistant materials; and (3) it is used solely for the storage, building access, or parking. The above- noted alternative elevation methods are subject to the following additional standards : a. Design and Certification. The structure' s design and as-built condition shall be — certified by a registered professional engineer or architect as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be at or above 139 the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. b. Specific Standards for Above-grade, Enclosed Areas . Above-grade, fully enclosed areas such as crawl spaces or tuck under garages — shall be designed to internally flood and the design plans shall stipulate : The minimum area of openings in the walls where internal flooding is to be used as a floodproofing technique. When openings are placed in a structure' s walls to provide for entry of flood waters to equalize pressures, the bottom of all openings shall be no higher than one (1) foot above grade . Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters . ii. The enclosed area shall be designed of flood resistant materials in accordance with the FP-3 or FP-4 classifications in the State Building Code . 6 . for a business structure, may choose not to elevate the basement or another area, if the _ structure is floodproofed to the FP-1 or FP-2 floodproofing classification in the State Building Code . Structures floodproofed to the FP-3 or FP-4 classification shall not be permitted. — 7 . shall not include the storage cr processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life . Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the City Council . 8 . for a new principal structure, shall have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation. If a variance to this requirement is granted by the Board of Adjustments and Appeals, the Board shall specify limitations on the period of use or occupancy of the structure 140 after determining that adequate flood warning time and flood emergency response procedures exist . 9 . for an accessory use to a business use, such as yards, railroad tracks, and parking facilities, may be at elevations lower than the regulatory flood protection elevation. However, facilities intended to be used by the general public shall not be allowed in the absence of a flood warning system that provides adequate time for evacuation if the area is inundated to a depth greater than two feet or subject to flood velocities greater than four feet per second upon the occurrence of the regional flood. 10 . shall have all fill properly compacted and the slopes properly protected by the use of riprap, vegetative cover, or other acceptable method. ii. shall not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the zoning map. 12 . shall have all relocated structures securely anchored to an adequately anchored foundation system that resists flotation, collapse, and lateral movement . Anchoring may include, but is not limited to, use of over-the-to; or frame ties to ground anchors . N. floodway area structures accessory to a permitted use or other conditional use : 1. shall not cause any increase in the stage of a 100-year or regional flood or cause an increase in flood damages in the reach or reaches affected. 2 . shall not be designed for human habitation. — 3 . shall have a low flood damage potential . 4 . shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters . Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of — flood flow. So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures . 141 5 . shall be elevated on fill or structurally dry floodproofed in accordance with the FP-1 or FP-2 floodproofing classifications in the State Building Code. As an alternative, an accessory structure may be floodproofed to the FP-3 or FP-4 floodproofing classification in the State Building Code provided the accessory structure constitutes a minimal investment, does not exceed 500 square feet in size, and for a detached garage, the detached garage must be used solely for parking of vehicles and limited storage. All floodproofed accessory structures must meet the following additional standards, as appropriate : _ a. The structure must be adequately anchored to prevent flotation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls; and b. Any mechanical and utility eauipment in the structure must be elevated to or above the regulatory flood protection elevation or properly floodproofed. O. floodway area placement of fill : 1. shall not cause any increase in the stage of a 100-year or regional flood or cause an increase in flood damages in the reach or reaches affected. 2 . shall be the minimum amount necessary to conduct the conditional use . Generally, fill shall be limited to that needed to grade or landscape for that use and shall not in any way further obstruct the flow of flood waters . 3 . shall not include spoil from dredging or mining operations unless a long-term site development plan is submitted which includes an erosion and sedimentation prevention element; and 4. shall be protected from erosion by vegetative cover, mulching, riprap, or other acceptable method. P. floodway area storage yards for equipment, machinery, or materials : 1. shall not cause any increase in the stage of a 100-year or regional flood or cause an increase in flood damages in the reach or reaches affected. 142 2 . shall not include any materials that, in time of flooding, are buoyant, flammable, explosive, or could be injurious to human, animal, or plant life . 3 . shall be limited to materials or equipment which may be readily removed from the area within the time available after flood warning and in accordance with a plan approved by the City Council . Q. floodway area uses including (1) mining and storage of sand, gravel, and other mined materials, (2) marinas, boat rentals, docks, piers, wharves, and water control structures, (3) railroads, streets, bridges, utility transmission lines, and pipelines, and (4) other uses similar to those permitted, shall not cause any increase in the stage of a 100-year or regional flood or cause an increase in flood damages in the reach or reaches affected. R. funeral homes : 1. the structure shall be of an architectural style _ which is compatible with any adjacent residential use; and 2 . shall landscape all structures and parking facilities . S. home occupations : 1. shall not have any retail sales activity; _ 2 . shall have a maximum of one sign, not to exceed 2 square feet; 3 . shall have a maximum of one employee who does not reside in the home; 4 . shall provide off-street parking for the employee; 5 . shall have no outside storage; 6 . shall not produce offensive noise, vibration, electrical interference, or air or other pollution; 7 . shall not have any receipt or delivery of merchandise, goods or supplies except through the United States mail, similar parcel delivery service, or personal vehicles not exceeding 1 ton; 143 and 8 . may have outside off-street parking of no more than one commercial vehicle or vehicle identified for business purposes, not to exceed one ton capacity which is used for both personal and business transportation. The vehicle shall be owned by and registered to an occupant of the property and parked in a screened location. T. hospitals or clinics : 1. shall not be located on a lot or parcel of land adjacent to any R-lA or R-1B zone; 2 . shall be located adjacent to an arterial or collector street as identified in the comprehensive plan; 3 . shall have parking facilities set back 15 feet from streets and non-residential property, and 25 — feet from residential property; 4 . shall have an impervious surface percent of no more than 70 percent, and the remainder of the site shall be suitably landscaped; and 5 . shall not have any emergency vehicle access adjacent to or located across a street from any residential use . U. kennels : 1. shall submit a plan for the disposal of all waste; 2 . shall have all animals attended and leashed during exercise runs; and 3 . shall landscape all structures and parking facilities . — V. multiple-family dwellings containing up to 6 units : 1. shall have a minimum lot size of 24 , 000 square feet; 2 . shall screen parking facilities to a minimum height of 3 feet; 3 . the structure shall be of an architectural style which is compatible with any adjacent residential — use; and 144 4. shall landscape all structures and parking facilities . W. nursing homes : 1. shall be located adjacent to an arterial or collector street as identified in the comprehensive plan, or otherwise located so that access can be provided without conducting significant traffic on local residential streets; — 2 . shall have parking facilities set back 15 feet from streets and non-residential property, and 25 feet from residential property; and 3 . shall have an impervious surface percent of no more than 60 percent, and the remainder of the site shall be suitably landscaped. X. public or private schools having a course of instruction approved by the Minnesota Department of Education for students enrolled in K through grade 12, or any portion thereof : 1. shall be located adjacent to an arterial or collector street as identified in the comprehensive plan, or otherwise located so that access can be provided without conducting significant traffic on local residential streets; 2 . shall have all buildings set back 50 feet from all property lines; 3 . shall have parking facilities set back 15 feet from streets and non-residential property, and 25 feet from residential property; 4. shall have bus drop-off and pick-up areas located outside of the public right-of-way, and designed to enhance vehicular and pedestrian safely; _ 5 . shall have recreational areas designed for group sports activities set back 25 feet from residential property, with adequate screening to protect neighboring properties from noise and adverse visual impacts ; 6 . shall not have any lichted playing fields unless — the visual impact on residential areas can be substantially mitigated; and 7 . shall have an impervious surface percent of no 145 more than 60 percent, and the remainder of the site shall be suitably landscaped. Y. relocated structures : 1. shall have a moving permit from the City under City Code Sec . 4 . 08; 2 . prior to moving, shall have given cash, cashier' s check, or letter of credit as a financial guarantee to the City to ensure completion of all o work. The financial guarantee shall be in an amount equal to the Building Official' s estimate of the cost to bring the structure into compliance with the Building Code; 3 . shall meet all requirements of the Building Code within six months after moving; and 4 . if the structure is not in full compliance with the Building Code after six months after moving, the City, in its sole discretion, may drawn on the financial guarantee and take whatever steps it deems necessary to bring the relocated structure _ into compliance with the Building Code. In the event the City draws on the financial guarantee, 10% of the total guarantee shall be paid to the City as its administrative fee . Z. residential facilities serving 7 throuch 16 persons : 1. shall not have any external building changes or improvements which alter the original character of the house; any new structure shall be of an architectural style which is compatible with adjacent residential uses; 2 . shall have adequate off-street parking based on the number of employees, visitors, and residents who will be driving, which parking shall be screened from view from residential uses; and 3 . shall be served by public water and sanitary sewer. AA. retail sales of nursery and garden supplies : 1. shall have adequate off-street parking based on the usual number of employees and customers per day; 2 . shall have immediate removal and -anitary disposal 146 of dead or diseased plant materials; and 3 . shall have no over-night storage of equipment used for planting or transplanting landscaping materials. BB. riding academies : 1. shall submit a plan for the disposal of all waste; 2 . shall have a maximum of one horse per acre; and 3 . shall landscape all structures and parking facilities . CC. seasonal produce stands when the principal use of the property is agricultural : 1. any goods sold shall be the product of the specific farm or garden; 2 . the stand shall be set back 15 feet from any street right-of-way; and _ 3 . adequate parking facilities shall be provided in order to prevent a traffic hazard. DD. structures over the specified height : 1. shall submit a map showing shading patterns created by the over height structure; and 2 . shall be set back from each property line a distance equal to half the structure height . EE. wind energy conversation system or windmills : 1. shall be set back from the nearest property line a distance equal to the height cf the tower plus one-half the diameter of the rotor; _ 2 . shall be certified by a professional engineer as being of a design adequate for the atmospheric conditions of the Twin Cities ; 3 . shall be equipped with overspeed or similar controls designed to prevent disintegration of the rotor in high winds; and 4 . shall comply with all building and electrical code requirements of the City, the noise regulations of the Minnesota Pollution Control Agency and the 147 rules and regulations of the Federal Communications Commission and Federal Aviation Administration. 148 SEC. 11. 87 . CONDITIONAL USE PERMIT STANDARDS FOR BUSINESS ZONES. Subd 1. Purpose. It is the intent of the City in establishing general and specific criteria for conditional uses that such uses be subject to careful evaluation to ensure that their location and design are consistent with the standards, purposes and procedures of this Chapter and the comprehensive plan, and do not _ have a detrimental impact on neighboring properties . The Board of Adjustment and Appeals may impose conditions on such uses in order to ensure compliance or to effect the purpose of this Chapter. Subd. 2 . Specific Standards for Business Zones . In addition to the standards specified in Sec . oll . of this Chapter, no conditional use permit shall be granted in the business zones unless the Board of Adjustment and Appeals determines that each of the following specific standards will be met : A. animal hospitals and veterinary clinics shall not be located on a lot or parcel of land adjacent to any R- 1A, R-1B, or R-1C zone . B. bed and breakfast inns : _ 1. shall meet all requirements of the Minnesota Department of Health; 2 . if providing meals, shall serve them only to guests renting a room; and 3 . shall provide off-street parking which iis screened in accordance with Sec . 4. shall be the residence of the owner or operator. C. boathouses : 1. shall not be designed or used for human habitation; 2 . shall not contain sanitary facilities; 3 . shall be set back a minimum of 10 feet from the ordinary high water level; 4 . shall not occupy an area greater than 250 square feet; 5 . shall be constructed or screened to reduce visibility from public waters and adjacent shorelands through the use of vegetation, topography, color or increased setback, assuming 149 summer leaf-on conditions ; and 6 . if located on shorelands adjacent to recreational development waterbodies, shall not occupy an area greater than 400 square feet . The width of the structure shall not exceed 20 feet as measured parallel to the shoreline . D. bus terminals and taxi stands: 1. shall be located adjacent to an arterial street as identified in the comprehensive plan; and 2 . may not be located on a lot or parcel of land adjacent to any RR, R-1A, R-1B, or R-1C zone . E. car washes : 1. shall be located adjacent to an arterial street as identified in the comprehensive plan; 2 . shall be screened from view from residential zones; _ 3 . shall utilize a water conservation or recovery system; and 4 . shall provide stacking for at least three vehicles per aisle. The required stacking shall not interfere with internal circulation patterns or with designated parking facilities , and shall not be located in any public right-of-way, private access easement, or within the required parking setback. F. churches and other places of worship: 1. shall be located adjacent to an arterial or collector street as identified in the comprehensive plan; 2 . shall have parking facilities set back 15 feet from residential property; 3 . shall screen parking facilities adjacent to residential property with a berm and/or landscaping to a minimum height of 3 feet; and 4 . shall have an impervious surface percent of no more than 70 percent, and the remainder of the site shall be landscaped. 150 G. commercial recreation, major or minor: 1. shall be located adjacent to an arterial or collector street as identified in the comprehensive plan; and 2 . shall have all parking screened from adjacent residential zones. H. commercial recreation, minor, but limited to health and athletic facilities : 1. shall limit hours of operation to between 6 : 00 a.m. and 11 : 00 p.m. ; 2 . the structure shall be of an architectural style which is compatible with neighboring structures; and 3 . shall have no facilities outside a building. I, day care facilities : 1. shall have drop-off and pick-up areas located outside of the public right-of-way, and designed to enhance vehicular and pedestrian safely; and 2 . shall have outdoor play areas located and designed to mitigate visual and noise impacts on adjoining residential uses . J. developments containing more than one principal structure per lot : 1. shall be on a lot that meets all design standards and public improvement requirements prescribed by Chapter 12; 2 . shall be designed and placed to facilitate ingress, egress, and overall circulation, both for the development as a whole and for the individual buildings and structures within the development; and 3 . shall consist of structures that are owned, maintained, and operated under unified control in accordance with a plan which contain provisions providing for the enforcement thereof . K. essential utility service structures . All essential utility service structures except water towers and electrical substations shall be subject to the 151 following: 1. shall be less than 400 square feet in area; 2 . shall be less than 15 feet in height; 3 . may be used only to provide weather protection for utility equipment; and 4 . shall be designed, placed, and landscaped as necessary to assure that it blends in with the — neighboring uses, and is unobtrusive . L. flood fringe area uses: 1. shall have all structures, materials, and equipment elevated on fill . The lowest floor, including basement, shall be at or above the regulatory flood protection elevation. The finished fill elevation for structures shall be no lower than one (1) foot below the regulatory flood protection elevation and the fill shall extend at such elevation at least fifteen (15) feet beyond the outside limits of the structure erected thereon. Fill shall be compacted and the slopes shall be protected by riprap or vegetative covering. This provision shall not apply to (1) accessory structures that constitute a minimal investment, do not exceed 500 square feet for the outside dimension at ground level, and which are internally floodproofed in accordance with the — conditional use permit provisions for accessory structures in the floodway area, (2) a floodproofed basement, or (3) an elevated or floodproofed business structure. 2 . shall limit the placement ffill less� �nlessousand either (1, 000) cubic yards of fill or the fill is specifically intended to elevate a structure in accordance with this section, or the conditions in paragraph 1 above for fill are met . 3 . for business or industrial structures, may choose not to elevate the basement or another area if the structure is floodproofed to FP-1 or FP-2 floodproofing classification in the State Building Code. Structures floodproofed to FP-3 or FP-4 classification shall not be permitted. 4 . for business or industrial structures, may elevate the lowest floor above the regulatory flood protection elevation by a method other than the 152 use of fill . These alternative methods may include the use of stilts, pilings, parallel walls, etc. , or above-grade, enclosed areas such as crawl spaces or tuck under garages . The base or floor of an enclosed area shall be considered above-grade and not a structure' s basement or lowest floor if : (1) the enclosed area is above- grade on at least one side of the structure; (2) it is designed to internally flood and is constructed with flood resistant materials; and (3) it is used solely for the storage, building access, or parking. The above-noted alternative elevation methods are subject to the following additional standards : a. Design and Certification. The structure' s design and as-built condition shall be certified by a registered professional engineer or architect as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. b. Specific Standards for Above-grade, Enclosed Areas . Above-grade, fully enclosed areas such as crawl spaces or tuck under garages shall be designed to internally flood and the design plans shall stipulate : i. The minimum area of openings in the walls where internal flooding is to be used as a floodproofing technique. When openings are placed in a structure' s walls to provide for entry of flood waters .to equalize pressures, the bottom _ of all openings shall be no higher than one (1) foot above grade . Openings may be equipped with screens , louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters . ii. The enclosed area shall be designed of flood resistant materials in accordance with the FP-3 or FP-4 cl,::ssifications in the State Building Code . 153 5. shall not include the storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life. Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the City Council . 6 . for a new principal structure, shall have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation. If a variance to this requirement is granted by the Board of Adjustments _ and Appeals, the Board shall specify limitations on the period of use or occupancy of the structure after determining that adequate flood warning time and flood emergency response procedures exist . 7 . for accessory uses to business uses, such as yards, railroad tracks, and parking facilities, may be at elevations lower than the regulatory flood protection elevation. However, facilities intended to be used by the general public shall _ not be allowed in the absence of a flood warning system that provides adequate time for evacuation if the area is inundated to a deph greater than two feet or subject to flood velocities greater than four feet per second upon the occurrence of the regional flood. 8 . for industrial uses, shall include measures to minimize interferences with normal operations, especially for streams having protracted flood _ durations. 9 . shall have all fill properly compac:ed and the slopes properly protected by the of riprap, vegetative cover, or other acceptoLe method. 10 . shall not adversely affect the hydraulic capacity _ of the channel and adjoining floodI7lain of any tributary watercourse or drainage system where a floodway or other encroachment limit. has not been specified on the zoning map. 11. shall have all relocated structures securely anchored to an adequately anchored foundation system that resists flotation, collapse, and lateral movement . Anchoring may include, but is not limited to, use of over-the-too or frame ties to ground anchors . 154 M. floodway area structures accessory to a permitted use or other conditional use : 1. shall not cause any increase in the stage of a — 100-year or regional flood or cause an increase in flood damages in the reach or reaches affected. 2 . shall not be designed for human habitation. 3 . shall have a low flood damage potential . 4 . shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters . Whenever pcssible, _ structures shall be constructed w-th the longitudinal axis parallel to the direction of flood flow. So far as practicable , structures shall be placed approximately on :he same flood flow lines as those of adjoining structures . 5 . shall be elevated on fill or structurally dry floodproofed in accordance with the FP-1 or FP-2 floodproofing classifications in to State Building Code. As an alternative, an accessory _ structure may be floodproofed to the FP-3 or FP-4 floodproofing classification in the State Building Code provided the accessory structure constitutes a minimal investment, does not exceed 500 square feet in size, and for a detached Garage, the detached garage must be used sole_y for parking of vehicles and limited storage . All floodproofed accessory structures must meet the following additional standards, as appropriate : a. The structure must be adequately anchored to prevent flotation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces — on exterior walls; and b. Any mechanical and utility e :•_:ipment in the structure must be elevated t.: or above the regulatory flood protection elevation or properly floodproofed. N. floodway area placement of fill : 1. shall not cause any increase in the stage of a 100-year or regional flood or cause an increase in flood damages in the reach or reaches affected. 2 . shall be the minimum amount necessary to conduct 155 the conditional use. Generally, fill shall be limited to that needed to grade or landscape for that use and shall not in any way further obstruct the flow of flood waters . 3 . shall not include spoil from dredging or mining operations unless a long-term site development plan is submitted which includes an erosion and sedimentation prevention element ; and 4. shall be protected from erosion by vegetative cover, mulching, riprap, or other acceptable method. o. floodway area storage yards for equipment, machinery, or materials : 1. shall not cause any increase in the stage of a 100-year or regional flood or cause an increase in flood damages in the reach or reaches affected. 2 . shall not include any materials tht, in time of flooding, are buoyant, flammable, =explosive, or could be injurious to human, anima- , or plant life . 3 . shall be limited to materials or equipment which may be readily removed from the area within the time available after flood warning and in accordance with a plan approved by the City Council . P. floodway area uses including (1) mininc: and storage of sand, gravel, and other mined material:: , (2) marinas, boat rentals, docks, piers, wharves, ani water control structures, (3) railroads, streets, bridges, utility transmission lines, and pipelines, and (4) other uses similar to those permitted shall not cause any increase in the stage of a 100-year or regional flood or cause an increase in flood damages in the reach or reaches affected. Q. funeral homes : 1. the structure shall be of an archtectural style which is compatible with any adjacent residential use; and 2 . shall landscape all structures and parking facilities . 156 R. gas stations : 1. shall be screened from any adjacent residential zone; 2 . shall not store any vehicles which are unlicensed and inoperable on the premises, except in appropriately designed and screened storage areas; 3 . shall conduct all repair, assembly, disassembly, and maintenance of vehicles within a building, except minor maintenance such as Lire inflation, adding oil, and wiper replacement ; 4. shall not have a public address system which is audible from any residential property; _ 5 . shall provide stacking for gas pumps for at least one car beyond the pump island in each direction in which access can be gained to the pump. The required stacking shall not interfere with internal circulation patterns or with designated parking facilities, and shall not be located in any public right-of-way, private access easement, or within the required parking setback; and 6 . shall not sell, store, or display any used vehicles . S. hospitals : -- 1. shall not be located on a lot or parcel of land adjacent to any R-1A or R-l3 zone; _ 2 . shall have direct access to a collector or arterial street as identified in the comprehensive plan; and 3 . shall have parking facilities set back 15 feet from streets and non-residential property, and 25 feet from residential property; 4 . shall have an impervious surface percent of no more than 70 percent, and the remainder of the site shall be suitably landscaped; and 5 . shall not have any emergency vehicle access adjacent to or located across a street from any residential use . T. hotels and motels : 157 _ 1. shall not be located on a lct or parcel of land adjacent to any R-1A, R-1B, or R-1C zone; and 2 . shall screen any parking facility located adjacent to any residential zone . U. multiple-family housing: 1. shall screen all parking to a height of three (3) feet; 2 . the structure shall be of an architectural style which is compatible with neighboring structures; and 3 . shall have a minimum lot size of 24 , 000 square feet . V. open sales lots or any use having exterior storage of goods for sale : 1. shall be screened from any adjacent residential zone; 2 . shall not have a public address system which is audible from any residential property; 3 . shall be kept neat and orderly; 4. shall not have any uses in any required front, side, or rear yard setback, or in any required parking area; 5 . shall not block any sidewalk. W. parking facilities open to the public shall not be located adjacent to any R-1A, R-1B, or R-1C zone . X. printing or publishing facilities shall not have any loading spaces located adjacent to any residential zone. All loading spaces shall be screened from any adjacent residential use, business use, and street . Y. private lodges and clubs : 1. shall be located on an arterial cr collector street as identified in the comprehensive plan; 2 . if serving liquor shall not be located on a lot or parcel of land adjacent to any R-1A, R-1B, or R-1C zone; and 158 3 . shall have all parking screened from any adjacent — residential zone. Z. relocated structures : 1. shall have a moving permit from the City under City Code Sec . 4 . 08 ; 2 . prior to moving, shall have given cash, cashier' s check, or letter of credit as a financial guarantee to the City to ensure completion of all work. The financial guarantee shall be in an amount equal to the Building Official' s estimate of the cost to bring the structure into compliance with the Building Code; 3 . shall meet all requirements of the Building Code within six months after moving; and 4 . if the structure is not in full compliance with the Building Code after six months after moving, the City, in its sole discretion, may drawn on the financial guarantee and take whatever steps it deems necessary to bring the relocated structure — into compliance with the Building Code . In the event the City draws on the financial guarantee, 10% of the total guarantee shall be paid to the City as its administrative fee . AA. restaurants, class I or class II, contained within a principal structure and oriented toward serving — employees or those working in the immediate area: 1. shall not exceed 15 percent of the gross floor area or 3 , 000 square feet, whichever is less; and 2 . shall not increase traffic congestion on streets . BB. restaurants, class II : 1. if serving liquor, shall not be located on a lot — or parcel of land adjacent to any R-1A, R-1B, or R-1C zone; and _ 2 . if located within 100 feet of a residential use, shall limit its hours of operation to between 5 : 00 a.m. and 11 : 00 p.m. . 159 CC. retail uses generally associated with a permitted use: 1. shall not require or result in any exterior building modifications, such as loading spaces, separate entrances, free-standing signs, or overnight parking of commercial vehicles; _ 2 . shall be contained within a principal structure and oriented toward serving employees or customers of the permitted use or uses in the immediate area; 3 . shall not exceed 25 percent of the gross floor area of the principal structure; 4 . shall have no outside storage or display or accessory structures; and 5 . shall submit a sign plan. DD. self-storage facilities : 1. shall limit its hours of operation co between 7 : 00 a.m. and 10 . 00 p.m. ; 2 . shall submit a lighting plan; and 3 . shall have all storage buildings separated by sufficient space for two lanes of traffic . EE. storage, assembly, or servicing incidental to a permitted use: 1. shall have no exterior storage; 2 . shall screen any loading spaces; 3 . shall not have any driveways or oar}_ing of trucks located within any front, side, or rear yard setback adjacent to any residential zone; and 4 . shall not exceed 25 percent of the gross floor area of the principal structure . FF. structures over the specified height : 1. shall submit a map showing shading patterns created by the over height structure; and 2 . shall be set back from each property line a distance equal to half the structure height . 160 _ GG. taverns shall not be located on a lot or parcel of land adjacent to any R-1A, R-1B, or R-1C zone . HH. theaters shall be permitted only when it can be demonstrated through a traffic plan that vehicular ingress and egress may be accomplished without inducing undue traffic problems on areas streets . II. uses having a drive-up or drive-through window: 1. shall be screened to a height of 6 feet from any adjacent residential zone; 2 . shall not have a public address system which is audible from any residential property; and 3 . shall provide stacking for at least six vehicles per aisle . The required stacking shall not interfere with internal circulation patterns or with designated parking facilities, and shall not be located in any public right-of-way, private access easement, or within the recuired parking setback. JJ. vehicle sales, service, or repair: 1. shall not store any vehicles which are unlicensed and inoperative for more than seven days, except in appropriately designed and screened storage areas; 2 . shall conduct all repair, assembly, disassembly, or maintenance of vehicles within a building, except for minor maintenance such as tire inflation, adding oil, and wipers olacement; 3 . shall not have any outside storage or display except of vehicles for sale or rent; 4 . shall not have a public address s-:stem which is audible from any residential property; 5 . shall screen all storage areas; _ 6 . shall screen all display areas adjacent to a residential zone; 7 . shall apply the parking setback to all areas where vehicles are located; 8. shall maintain a landscaped buffer 100 feet wide from any residential zone; and 161 9 . all motor vehicle dealers shall b licensed by the State. KK. wholesale and assembly operations : 1. shall not have any loading spaces located adjacent to any residential zone; and 2 . shall screen all loading spaces from any residential zone. 162 SEC. 11.88 . CONDITIONAL USE PERMIT STANDARDS FOR INDUSTRY ZONES. Subd. 1. Purpose. It is the intent of the City in establishing general and specific criteria for conditional uses that such uses be subject to careful evaluation to ensure that their location and design are consistent with the standards, purposes and procedures of this Chapter and the comprehensive plan, and do not have a detrimental impact on neighboring properties. The Board of Adjustment and Appeals may impose conditions on such uses in order to ensure compliance or to effect the purpose of this Chapter. Subd. 2 . Specific Standards for Industry Zones. In addition to the standards specified in Sec. of this Chapter, no conditional use permit shall be granted in the industry zones unless the Board of Adjustment and Appeals determines that each of the following specific standards will be met : A. airports and heliports : 1. shall establish and utilize approach and departure routes over non-residential areas to the maximum extent possible; 2 . shall not be located on a lot or parcel of land within 500 feet of any residential zone; and 3 . shall have a dust free landing strip or pad. B. assembly, manufacturing, fabrication, or processing, except those involving the use of explosive material, hazardous chemicals, or petroleum products : 1. must meet all federal, state and county health code requirements; 2 . shall not be located closer than 500 feet to any residential zones; and 3 . shall have a minimum lot size of 10 acres . C. boathouses : 1. shall not be designed or used for human habitation; 2 . shall not contain sanitary facilities; 3 . shall be set back a minimum of 10 feet from the ordinary high water level; 4. shall not occupy an area greater than 250 square 163 feet; 5. shall be constructed or screened to reduce visibility from public waters and adjacent shorelands through the use of vegetation, topography, color, or increased setback, assuming summer leaf-on conditions; and 6 . if located on shorelands adjacent to recreational development waterbodies, shall not occupy an area greater than 400 square feet . The width of the structure shall not exceed 20 feet as measured parallel to the shoreline . D. commercial vehicle rental facilities : 1. shall not wash any vehicle except within a building; 2 . shall not repair or maintain any vehicle on site, except in an enclosed structure; 3 . shall have all outside parking facilities at least 100 feet from any residential zone; and 4 . shall screen all outside parking facilities from any adjacent residential zone . E. concrete or asphalt plants shall not be located closer than 500 feet to any residential zone . F. day care facilities : 1. shall have drop-off and pick-up areas located outside of the public right-of-way, and designed to enhance vehicular and pedestrian safely; 2 . shall outdoor play areas located and designed to mitigate visual and noise impacts on adjoining residential uses; and 3 . shall submit a traffic plan which addresses industrial traffic flow with respect to the day care operation. G. developments containing more than one principal structure per lot : 1. shall be designed and placed to facilitate ingress, egress, and overall circulation, both for the development as a whole and for the individual buildings and structures within the development; 164 and 2 . shall consist of structures that are owned, maintained, and operated under unified control in accordance with a plan which contain provisions providing for the enforcement thereof . H. flood fringe area uses : 1. shall have all structures, materials, and equipment elevated on fill . The lowest floor, including basement, shall be at or above the regulatory flood protection elevation. The finished fill elevation for structures shall be no lower than one (1) foot below the regulatory flood protection elevation and the fill shall extend at such elevation at least fifteen (15) feet beyond _ the outside limits of the structure erected thereon. Fill shall be compacted and the slopes shall be protected by riprap or vegetative covering. This provision shall not apply to (1) accessory structures that constitute a minimal investment, do not exceed 500 square feet for the outside dimension at ground level, and which are internally floodproofed in accordance with the conditional use permit provisions for accessory structures in the floodway area, (2) a floodproofed basement, or (3) an elevated or floodproofed business structure . 2 . shall limit the placement of fill to one-thousand (1, 000) cubic yards of fill or less, unless either the fill is specifically intended to elevate a structure in accordance with this section, or the conditions in paragraph 1 above for fill are met . 3 . for business or industrial structures, may choose not to elevate the basement or another area if the structure is floodproofed to FP-1 or FP-2 floodproofing classification in the State Building Code . Structures floodproofed to FP-3 or FP-4 classification shall not be permitted. 4 . for business or industrial structures, may elevate _ the lowest floor above the regulatory flood protection elevation by a method other than the use of fill . These alternative methods may include the use of stilts, pilings, parallel walls, etc . , or above-grade, enclosed areas such as crawl spaces or tuck under garages . The base or floor of an enclosed area shall be considered above-grade and not a structure' s basement or 165 lowest floor if : (1) the enclosed area is above- - grade on at least one side of the structure; (2) it is designed to internally flood and is constructed with flood resistant materials; and (3) it is used solely for the storage, building access, or parking. The above-noted alternative elevation methods are subject to the following additional standards : a. Design and Certification. The structure' s design and as-built condition shall be certified by a registered professional engineer or architect as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing, air conditioning equipment, and _ other service facilities shall be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. b. Specific Standards for Above-grade, Enclosed Areas . Above-grade, fully enclosed areas such as crawl spaces or tuck under garages shall be designed to internally flood and the design plans shall stipulate : i. The minimum area cf openings in the walls where internal flooding is to be used as a floodproofing technique . When openings are placed in a structure' s walls to provide for entry of flood _ waters to equalize pressures, the bottom of all openings shall be no higher than one (1) foot above grade . Openings may be equipped with screens, louvers, valves, or other co-;erings or devices provided that they permit the automatic entry and exit of flood waters . ii. The enclosed area shall be designed of flood resistant materials in accordance with the FP-3 or FP-4 classifications in the State Building Code . 5 . shall not include the storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life . Storage of other materials or equipment may be allowed if readily 166 _ removable from the area within the time available after a flood warning and in accordance with a plan approved by the City Council . 6 . for a new principal structure, shall have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation. If a variance to this requirement is granted by the Board of Adjustments and Appeals, the Board shall specify limitations on the period of use or occupancy of the structure after determining that adequate flood warning time and flood emergency response procedures exist . 7 . for accessory uses to business uses, such as yards, railroad tracks, and parking facilities, may be at elevations lower than the regulatory flood protection elevation. However, facilities intended to be used by the general public shall not be allowed in the absence of a flood warning system that provides adequate time for evacuation if the area is inundated to a depth greater than two feet or subject to flood velocities greater than four feet per second upon the occurrence of the regional flood. 8. for industrial uses, shall include measures to _ minimize interferences with normal operations, especially for streams having protracted flood durations . 9 . shall have all fill properly compacted and the slopes properly protected by the use of riprap, vegetative cover, or ocher acceptable method. 10 . shall not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the zoning map. 11. shall have all relocated structures securely anchored to an adequately anchored foundation system that resists flotation, collapse, and _ lateral movement . Anchoring may include, but is not limited to, use of over-the-top or frame ties to ground anchors . I. floodway area structures accessory to = permitted use or other conditional use : 1. shall not cause any increase in the stage of a 167 100-year or regional flood cr cause an increase in flood damages in the reach or reaches affected. 2 . shall not be designed for human habitation. 3 . shall have a low flood damage potential . _ 4 . shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters . Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow. So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures . 5. shall be elevated on fill or structurally dry _ floodproofed in accordance with the FP-1 or FP-2 floodproofing classifications in the State Building Code. As an alternative, an accessory structure may be floodproofed to the FP-3 or FP-4 floodproofing classification in the State Building Code provided the accessory structure constitutes a minimal investment, does not exceed 500 square feet in size, and for a detached garage, the detached garage must be used solely for parking of vehicles and limited storage . All floodproofed _ accessory structures must meet the following additional standards, as appropriate : a. The structure must be adequately anchored to prevent flotation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls; and b. Any mechanical and utility ecuipment in the structure must be elevated tc or above the regulatory flood protection elevation or properly floodproofed. J. floodway area placement of fill : 1. shall not cause any increase in th' stage of a 100-year or regional flood or caul an increase in flood damages in the reach or reaches affected. 2 . shall be the minimum amount necessary to conduct the conditional use . Generally, fill shall be limited to that needed to grade or landscape for that use and shall not in any way further obstruct the flow of flood waters . 168 3 . shall not include spoil from dredging or mining operations unless a long-term site development plan is submitted which includes an erosion and sedimentation prevention element; and 4. shall be protected from erosion by vegetative cover, mulching, riprap, or other acceptable method. R. floodway area storage yards for equipment, machinery, or materials : 1. shall not cause any increase in the stage of a 100-year or regional flood or cause an increase in flood damages in the reach or reaches affected. 2 . shall not include any materials that, in time of _ flooding, are buoyant, flammable, explosive, or could be injurious to human, animal, or plant life. 3 . shall be limited to materials or equipment which may be readily removed from the area within the time available after flood warning and in accordance with a plan approved by the City Council . L. floodway area uses, including (1) mining and storage of sand, gravel, and other mined materials , (2) marinas, boat rentals, docks, piers, wharves, and water control structures, (3) railroads, streets, bridges, utility transmission lines, and pipelines, and ;4) other uses similar to those permitted shall not cause any increase in the stage of a 100-year or regional flood or cause an increase in flood damages in the reach or reaches affected. M. grain elevators : 1. shall have all loading spaces located at least 300 feet from any residential zone; and 2 . shall provide a safety plan satisfactory to the Fire Chief to be followed in the event of fire or explosion. N. industrial or technical training schools : 1. shall not have any overnight outside storage of vehicles undergoing maintenance; and 2 . shall have any structures constructed on site for 169 training purposes dismantled or removed within a reasonable period of time following completion of the training. 0. junkyards : 1. shall be completely screened on all sides, with an opaque fence or wall 8 feet or more in height, constructed of new materials, maintained in good condition, and screened additionally with suitable planting; 2 . shall not be located closer than 1, 000 feet to existing state and federal roads, nor closer than 100 feet to any street; and 3 . shall not be located on a lot or parcel of land closer than 300 feet to any residential zone . P. landscaping services and contractors : 1. shall promptly remove any diseased or dead plant materials, and dispose of them in a sanitary manner; 2 . shall store all equipment at l=ast 100 feet from any residential zone; and 3 . shall screen all equipment from any adjacent residential zone. Q. manufacturing, processing, or storage of explosive materials, infectious waste, hazardous chemicals, or petroleum products : 1. shall not be located on a lot or parcel of land closer than 750 feet to any residential zone or state or county road; 2 . shall not be located closer than 100 feet to any street; and 3 . shall provide the City with information regarding the nature and location of all explosive _ materials, infectious waste, hazardous chemicals, or petroleum products and keep such information current . R. mining: 1. shall provide the City with the exact legal description and acreage of area to be mined; 170 _ 2 . shall provide the City with an aerial photograph of the site prior to any mining; 3 . shall provide the City with the following maps of the entire site and all areas within 500 feet of the site, drawn at a scale of one (1) inch to one hundred (100) feet : a. Map A - Existing conditions to include : i. contour lines at two (2) foot intervals; ii. existing vegetation; iii. existing drainage and permanent water areas; iv. existing structures; v. existing wells; and vi. cross-sectional views from each direction. b. Map B - Proposed operations to include : i, structures to be erected; ii. location of sites to be mined showing the maximum depth of proposed excavation; iii. location of tailings deposits showing maximum height of deposits; iv. location of machinery to be used in the mining operation; v. location of storage of mined materials, showing height of storage deposits; vi. location of parking facilities; vii. location of storage of explosives; viii.erosion and sediment ccntrol structures; ix. location of proposed wells, and the depth to the water table; x. location of proposed washing operations; 171 xi. a mining quantities table showing the quantity and type of materials expected to be mined in each phase and each year; and xii. cross-sectional views of the site during each phase from each direction. c. Map C - End use plan to include : i. final grade of proposed site showing elevations and contour lines at two (2) foot intervals; ii. location and species of vegetation to be replanted; iii. location and nature of any structures to be erected in relation to the end use plan; and iv. cross-sectional views of the site after final grading. 4. shall provide the City with a full and adequate description of all phases of the proposed operation to include an estimate of duration of the mining operation; 5 . shall provide a dust control plan detailing the methods proposed for controlling dust, application — rates and time frames, and volumes of water to be used; 6 . shall pave or gravel all roads which are within 450 feet of any other zone to minimize dust conditions; 7 . shall provide a noise control plan showing all occupied structures within 1000 feet of the mining site, existing noise contours in 5 dB intervals, and noise contours anticipated during operations for each phase; 8 . shall provide a vibration control elan; 9 . shall provide a landscape plan prepared by or under the supervision of a landscape architect — showing material types, common and botanical names, sizes, number, and location of proposed plantings; 172 _ 10 . shall provide lighting and signage plans showing the type, height, and location of all exterior lighting and signs; — 11. shall provide a stormwater management plan showing the stormwater contour lines and drainage patterns prior to, during, and after mining, stormwater runoff calculations, and indicating that the Department of Natural Resources' Best Management Practices shall be followed; 12 . shall provide a traffic analysis prepared by a professional engineer showing the following: a. existing traffic volumes on affected streets; b. anticipated traffic volumes on affected streets; c. anticipated trip generation for each phase or operations change; d. morning and afternoon peak ho::r traffic volumes at all driveways into the site; e. recommended traffic improvements both on and off the site; and f. recommended traffic management actions, including truck routing. 13 . if adjacent to a residential zone or within 300 feet of two (2) or more residential structures, shall be bound by the following standards : a. where water collects to a depth of one and one-half (1 1/2) feet or more , for at least one (1) month, and occupies an area of 700 square feet or more, all access to such water shall be barred by a fence or other barrier at least four (4) feet in heijht; and b. where slopes occur that are steeper than one (1) foot vertical to three (3 feet _ horizontal, for a period of one (1) month or more, all access to such slops shall be barred by a fence or other barrier at least four (4) feet in height; 14. shall screen the mining site from adjacent residential or business uses . The mining site also shall be screened from any street within 500 173 _ feet . The screening shall be a minimum of eight (8) feet in height, and planted with a fast growing species . Existing trees and ground cover along street frontage shall be preserved, maintained, and supplemented for the depth of the street yard setback, except where traffic safety requires cutting and trimming; 15. shall cut or trim weeds and any other unsightly or noxious vegetation as may be necessary to preserve a reasonably neat appearance and to prevent seeding on adjoining property; 16 . shall not interfere with surface water drainage beyond the boundaries of the mining operation. The mining operation shall not adversely affect the quality of surface or subsurface water _ resources . Surface water originating outside and passing through the mining site shall, at its point of departure from the mining site, be of equal quality to or better quality than the water at the point where it enters the mining site. The mining operator shall perform any water treatment necessary to comply with this provision; 17 . shall conduct all operations between the hours of 7 : 00 a.m. and 7 : 00 p.m. Shorter hours may be established in the conditional use permit ; 18. for a gravel mine, shall have a maximum area without ground cover or being mined at one time not to exceed twenty (20) acres; and 19 . immediately after operations have ceased, shall be restored in compliance with the following: a. within a period of three (3) months after the termination of a mining oceracion, or within three (3) months after abandonment of such operation for a period of six months, all mining structures shall be dismantled and removed by, and at the expense of, the mining operator last operating such structures; b. the peaks and depressions of the area shall be graded and backfilled to a surface which will result in gently rolling topography in substantial conformity to the land area — immediately surrounding the mining area, and which will minimize erosion due to rainfall . No finished slope shall exceed eighteen percent (18%) in grade; and 174 c. restored areas shall be sodded or surfaced with soil of a quality at least equal to the topsoil of land areas immediately surrounding the mining area, and to a depth of at least six (6) inches, or a greater depth if recommended by the Scott County Soil and Water Conservation District . Such required topsoil shall be planted with legumes and grasses . Trees and shrubs also may be planted, but not as a substitute for legumes and grasses. Such planting shall be done in conformity with Minnesota Department of Natural Resources "best management practices" to adequately retard soil erosion. Excavations completed to a water producing depth need not be backfilled if the water depth is at least ten (10) feet, and if banks _ shall be sloped to a water line at a slope no greater than three (3) feet horizontal to one (1) foot vertical . The finis-ed grade shall be such that it will not adversely affect the surrounding land or future de--elopment of the site upon which mining cperations have been conducted. The finished plan shall restore the mining site to a condition whereby it can be utilized for the type of land use proposed to occupy the site after mining operations cease . S. recycling or composting facilities : 1. shall conduct all operations either within a building or at least 500 feet from any residential or business zone; 2 . shall not collect more materiel on site than can be processed within a 60-day Lericd; and 3 . shall promptly remove from the site all material which has been processed. T. relocated structures : 1. shall have a moving oermit from the City under — City Code Sec . 4 . 08 ; 2 . prior to moving, shall have given cash, cashier' s check, or letter of credit as a financial guarantee to the City to ensure completion of all work. The financial guarantee shall be in an amount equal to the Building Official' s estimate of the cost to bring the structure into compliance 175 with the Building Code; 3 . shall meet all requirements of the Building Code within six months after moving; and 4 . if the structure is not in full compliance with the Building Code after six months after moving, the City, in its sole discretion, may drawn on the financial guarantee and take whatever steps it deems necessary to bring the relocated structure into compliance with the Building Code . In the event the City draws on the financial guarantee, 10% of the total guarantee shall paid to the City as its administrative fee . U. residences for security personnel : 1. shall not exceed one dwelling per principal use; 2 . shall be used only by a resident security guard and the guard' s family, and shall not be available for rent to the public; and 3 . may not exceed 1, 000 square feet of living space . V. restaurants, class I or class II , contained within a principal structure and oriented toward serving employees or those working in the immediate area: 1. shall not exceed 15 percent of the gross floor area or 3 , 000 square feet, whichever is less; 2 . shall not increase traffic congestion on streets . W. retail sales of products manufactured, fabricated, assembled, or stored on site : 1. shall sell products only within th principal structure; 2 . shall limit the area devoted to display and sale of the products to no more than 15 percent of the principal structure or 2000 scuare feet within the principal structure, whichever is less; 3 . shall not require or result in exterior building modifications; 4 . shall have no outside storage cr display or accessory structures ; and 5 . shall submit a sign plan. 176 X. self-storage facilities : 1. shall not allow maintenance of any vehicles on site, except within a building; 2 . shall have a security system adequate to limit access to persons renting a storage site; and 3 . shall screen all storage . Y. structures over the specified height : 1. shall submit a map showing shading patterns created by the over height structure; and 2 . shall be set back from each property line a distance equal to half the structure height . Z. vehicle repair: 1. shall not store any vehicles which are unlicensed or inoperative for more than seven days; 2 . shall screen all storage areas ; and 3 . shall not be located on a lot or parcel of land within 200 feet of any residential zone . 177 SEC. 11. 89 . VARIANCES. Subd. 1. Variance Jurisdiction. The Board of Adjustment and Appeals shall have jurisdiction over any variance which is not closely related to a land use application requiring consideration by the Planning Commission and City Council . Any variance which is closely related to such a land use application shall be under the jurisdiction of the Planning Commission and City Council . Subd. 2 . Criteria for Granting Variances . A variance from the literal provisions of this Chapter may be granted where the following circumstances are found to exist : A. The strict enforcement of the ordinance provisions would cause undue hardship because of circumstances unique to the individual property '.:::der consideration. Undue hardship means the followir_c : 1. the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls; 2 . the plight of the landowner is due to circumstances unique to the property; 3 . the circumstances were not created by the landowner; 4 . the variance, if granted, will not alter the essential character of the locality; and — 5 . the problems extend beyond economic considerations . Economic considerations do not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. _ B. It has been demonstrated chat a variance as requested will be in keeping with the spirit and intent of this Chapter. C. The request is not for a use variance . D. Conditions to be imposed by the Board of Adjustment and — Appeals will insure compliance and to protect the adjacent properties . E. Variances in the floodplain overlay zone also shall meet the following criteria: 1. No variance shall have the effect of allowing a lower degree of flood protection than the 178 regulatory flood protection elevation for the particular area. 2 . The board shall submit to the Commissioner of the Minnesota Department of Natural Resources a copy of the application for proposed variance sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearing. _ 3 . A copy of all decisions granting variances shall be forwarded to the Commissioner of the Department of Natural Resources within ten (10) days of such action. 4 . Flood Insurance Notice and Record Keeping. The zoning administrator shall notify the applicant _ for a variance that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance and that such construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions . The City shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its _ annual or biennial report submitted to the administrator of the national flood insurance program. Subd. 3 . Application. An application for a variance shall be filed with the Zoning Administrator on the acoropriate forms stating the undue hardship claimed. The application must be accompanied by the following: A. A site plan at a scale large enough for clarity showing the following information: 1. location and dimensions of locs, buildings, driveways, and off-street parking spaces; 2 . distances between buildings and front, side, and rear lot lines; principal buildings and accessory structures; principal buildir_ s and accessory structures on adjacent lots ; 3 . location of signs, easements , underground utilities, septic tanks, tile fields, and water wells; and 4 . any additional information as reasonably may be 179 required by the Zoning Administrator. B. a list of the names and addresses cf the owners of all properties located wholly or partia_ly within 350 feet of the property, as such appear on the records of the Scott County Recorder; — C. evidence of ownership or an interest in the property; D. the fee; and E. such other information as may be required by the City. Subd. 4 . Public Hearing. A. Generally. Upon receipt of a completed application, a date shall be set for a public hearing before the Board — of Adjustment and Appeals . Property owners within 350 feet of the property for which a w.riance is requested shall be notified by mail of the proposed variance at least ten (10) days prior to the public hearing. Published notice of hearing also shall be given at least 10 days before the hearing in the official newspaper. B. Shoreland Overlay Zone. The Commissioner of the Department of Natural Resources shall be given written _ notice all hearings to consider a variance in the shoreland overlay zone at least ten days before the day of the hearing. — Subd. 5. Decision. A. Generally. Following the public hearing, the Board of Adjustment and Appeals shall decide the matter before it . Variances may be approved by :he affirmative vote of a simple majority of those present . If the Board denies a variance, it shall make a finding and determination that the conditions required for approval do not exist . No application for a variance which has been denied wholly or in part shall be resubmitted for a period of six (6) months from the date of denial, except on grounds of new evidence or proof of change of conditions . All decisions by the Board of Adjustment and Appeals are final subject to appeal to the City Council . B. Shoreland Overlay Zone. A copy of any approved variance affecting land within the shoreland overlay zone shall be sent to the Commissic-ler of the Minnesota Department of Natural Resources within 10 days after approval . When a variance has been approved despite 180 the Commissioner' s recommendation of denial, the copy of the final action shall be accompanied by a summary of the public record and testimony regarding the matter and the findings of fact and conclusions which support the issuance of the variance . Subd. 6 . Appeal. Any person aggrieved by a decision of the Board of Adjustment and Appeals regarding a variance may have such decision reviewed by the City Council if a request for review is submitted to the Zoning Administrator within 10 days of the date of the decision. The appeal shall he in writing and shall include a statement of the alleged err yrs or omissions of the Board. Subd. 7 . Additional Conditions . In granting a variance, the Board of Adjustment and Appeals or City Council may impose conditions in order to preserve the health, safety or welfare of the community or in order to implement the purposes of this Chapter or the comprehensive plan. _ Subd. 8 . Recording. A copy of the variance shall be filed by the City with the Scott County Recorder if the variance applies to abstract property. The variance shall contain a legal description of the property affected. Subd. 9 . Term of Variance. Any variance granted by the City shall run with the land unless within one year of the date of approval no building permit has been issued substantial work performed on the project, in which case the 7ariance shall be null and void. The Board may extend the period for construction upon finding that the interest of the owners of neighboring properties will not be adversely affected by such extension. Subd. 10 . Specific Prolect. A variance shall be valid only for the project for which it was granted. Construction of any project shall be in substantial compliance with the building plans and specifications reviewed and approved by the Board of Adjustment and Appeals or the City Council . Subd. 11. Construction During Appeal Period. Any applicant who obtains a building permit and starts construction upon the decision of the Board of Adjustment and Appea-s prior to the termination of the appeal period, assumes the risk that the decision may be reversed upon appeal . When an appeal is received by the City, the applicant will be notified :'f the appeal and informed of the date of the City Council meeting at which it will be heard. Subd. 12 . Violations . No person shall violatte, fail to comply with, or assist, direct, or permit the violation of the terms or conditions of a variance . Such violation shall be a violation of the variance and shall render the variance r.-_,'_1 and void. 181 SEC. 11.90 . APPEALS. Subd. 1. Appeals from City Staff Decisions . Any person aggrieved by a decision of the Zoning Administrator or other person regarding the enforcement of this Chapter, may appeal to the Board of Adjustment and Appeals . The appeal shall specify what error allegedly was made in an order, requirement, decision, or determination made by the Zoning Administrator or other person. The appeal shall be filed in writing with the Zoning Administrator within seven days of the date of decision. Upon receipt of an appeal, the Zoning Administrator shall schedule the matter for consideration by the Board. The Board shall have authority to affirm, modify, or reverse the decision of the Zoning Administrator or other person. This provision shall not apply in the case of a criminal prosecution for violation of this Chapter. Subd. 2 . Appeals from Decision of the Board of Adjustment and Appeals. Any person aggrieved by a decision of the Board of Adjustment and Appeals may appeal the decision to the City Council . The appeal must be submitted in writing to the Zoning Administrator within 10 days of the date of the decision, and shall include a statement of the alleged errors or omissions of the Board. Upon appeal, the City Council shall consider the request within 90 days unless an extended period is agreed upon by the parties. _ Subd. 3 . Construction During Appeal Period. Any applicant who obtains a building permit and starts construction after the decision of the Board of Adjustment and Appeals, but prior to the termination of the appeal period, assumes the risk that the decision may be reversed upon appeal . When an appeal is received by the City, the applicant will be notified of the appeal and informed of the date of the City Council meeting at which it will be heard. 183 SEC. 11. 91. NONCONFORMITIES. Subd. 1. Purpose. It is recognized that there are structures _ and uses of land which were lawful when established but which do not now comply with all applicable provisions of this Chapter. While nonconformities may not be summarily terminated, it is the purpose and intent of this Chapter to discourage the survival of Type A nonconformities and such uses are hereby declared to be incompatible with this Chapter and with the comprehensive plan. It is further the purpose and intent of this Chapter to discourage the enlargement, expansion or extension of any Type A nonconformity or any increase of the impact of such nonconformity on adjoining property. It is also recognized that there are Type B nonconformities in which the uses continue to be permissible but which are operated on sites or in structures which do not fully meet the development standards of this Chapter. It is the intent of this Chapter to distinguish between uses which are not — permitted and those in which development standards or other incidents of development are not in full compliance with this Chapter. Type A nonconformities will be discouraged and not allowed to expand while Type B nonconformities will be allowed to continue in existence and expand under carefully regulated conditions . Subd. 2 . Types of Nonconformities . This Chapter recognizes the following two types of nonconformities : A. Type A nonconformities shall include land and structures which are devoted to a use not permitted by this Chapter. B. Type B nonconformities shall include developed land which is devoted to a use permitted by this Chapter, but where the site or structure is not in compliance with some other provision of this Chapter, such as the design standards applicable within that zone . Subd. 3 . Regulation of Type A Nonconformities . Type A nonconformities shall be regulated in accordance with the following: '- A. No such use shall be expanded, enlarged to use more land area, intensified, replaced, structurally changed, or relocated, except to make it a permitted use . Normal maintenance and non-structural repairs shall be excepted from this prohibition; _ B. No nonconformity shall be resumed if normal operation of the use has been discontinued for a period of 6 or more months . Time shall be calculated as beginning on the date following the last day in which the use was in normal operation and shall run continuously thereafter; 184 C. Full utilization of the nonconformity shall not be resumed if the amount of land or floor area dedicated to the use is lessened or if the intensity of the use is in any manner diminished for a period of 6 or more months . Time shall be calculated as beginning on the day following the last day in which the nonconformity was in full operation and shall run continuously thereafter. Following the expiration of 6 months, the nonconformity may be used only in the manner or to the extent used during the preceding 6 months . For the purposes of this subdivision, intensity of use shall include, but not be limited to, hours of operation, traffic, noise, exterior storage , signs, exterior lighting, types of goods or services offered, odors and number of employees; D. Removal or destruction of a nonconformity to the extent of more than 50 percent of its estimated market value, excluding land, as determined by the assessor, shall terminate the right to continue -he nonconformity; E. Notwithstanding the prohibitions contained in the foregoing paragraphs of this subdivision, if approved by the Board of Adjustment and Appeals a nonconformity may be changed to another nonconformity of less intensity. In all instances the applicant has the burden of proof regarding the relative intensities of uses; F. If a nonconformity is superseded or replaced by a permitted use, the nonconforming status of the premises and any rights which arise under the provisions of this section shall terminate . Subd. 4 . Regulation of Type B Nonconformities . Type B nonconformities shall be regulated in accordance with the following: A. Expansion of an existing use cr .cructure, reconstruction of a partially de.::royed structure, construction of a new structure , or other intensification of a Type B nonconformity may be permitted upon a finding by the 3oard of Adjustment and Appeals of the following : 1. the number and extent of nonconformities will be reduced in conjunction with the proposed construction or intensification; 2 . the impact of nonconformities upon adjacent property will be reduced in conjunction with the proposed construction or intensification; and 185 3 . the conditions to be imposed by the Board of Adjustment and Appeals will effect the intent of this section. B. A Type B nonconformity which is destroyed to the extent of more than 50 percent of its market value at the time of loss shall be replaced only in compliance with the standards of the applicable zone . A Type B nonconformity destroyed to the extent of less than 50 percent of market value at the time of loss may be rebuilt to previously existing dimensions . In reviewing a permit for any Type S nonconformity which has been partially destroyed, the City shall seek to make the development conform as closely to the requirements of this Chapter as is reasonably practical . Subd. 5 . Nonconformity; Eminent Domain. When the taking under eminent domain of a portion of the land ulDcn which there existed a lawful use prior to such taking results in such use becoming _ unlawful under this Chapter, such use is a nonconformity and may be continued only under the provisions of this Chapter. 186 SEC. 11.99 . VIOLATION A MISDEMEANOR. Every person violates a section, subdivision, paragraph, or _ provision of this Chapter, when the person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, or who knowingly makes or submits any false statement or document in connection with any application or procedure required by this Chapter. Upon conviction thereof, such person shall be punished as for a misdemeanor. Section 2 - General Provisions . City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, is hereby adopted in its entirety by reference, as though repeated -verbatim herein. Section 3 - Summary Approved. The City Council hereby determines that the text of the summary of this ordinance, marked "Official Summary of Ordinance No. " and a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance . The Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 4 - Posting and Filing. A cosy of this ordinance is filed in the office of the City Clerk and a copy is provided to the Scott County Library for posting and filing, at which locations a copy is available for inspection by any person during regular office hours . Section 5 - The City Clerk shall publish the title of this ordinance and the official summary in the official newspaper with notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk and the Scott Ccunty Library. Section 6 - Effective Date . This ordinance becomes effective upon its passage and the publication of its title and summary. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1994 . Mayor of the City of Shakopee Attest : City Clerk 187 _ Approved as to form: City Attorney Published in the Shakopee Valley News on the day of , 1994 . 188 t C C L L L L L L L L l L C L L