09/07/1993 - City Council Speciali
AGENDA
SPECIAL CITY COUNCIL MEETING
Tuesday
September 7, 1993
5:00 p.m.
Eagan Municipal Center Building
I. ROLL CALL & ADOPTION OF AGENDA
II. DRAFT ZONING ORDINANCE REVIEW
III. OTHER BUSINESS
IV. ADJOURNMENT
MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: SEPTEMBER 3, 1993
SUBJECT: SPECIAL CITY COUNCIL MEETING/SEPTEMBER 7, 1993
Originally, the Special City Council meeting scheduled for September 1, and changed to
August 31, was to include the draft zoning ordinance review, specifically a presentation by
Consultant Planner John Voss. Due to the need for an executive session and the budget
review, this item was rescheduled to September 7 for a workshop. In addition, our new
Director of Community Development, Peggy Reichert, will begin her employment with the
City on Tuesday and will be present for the work session.
DRAFT ZONING ORDINANCE REVIEW
Enclosed on page , you will find an agenda prepared by Consultant Planner John Voss
for the preliminary review of the draft zoning ordinance. By way of background, the
ordinance has been extensively reviewed by City staff. It was then the subject of a review
involving staff, the City Attorney's office, Councilmember Ted Wachter and Advisory
Planning Commission Member Don Hoeft. Based upon that review, a number of policy
issues were identified which require City Council discussion and they are outlined in the
attachment.
In addition, enclosed without page number is a copy of the draft zoning ordinance dated
August, 1993. Please review the ordinance and,in particular, those sections identified in the
agenda for special consideration. Consultant Planner Voss together with members of the
Planning staff will be present at Tuesday's meeting for your discussion in this regard. It is
anticipated that a potential future workshop will be necessary to review performance
standards, including the standards for finished materials, and the administration and
enforcement of the policy. After that, the draft will be circulated for review by other City
departments and will be brought forward to the City Council through the Advisory Planning
Commission.
No action is anticipated on the ordinance itself at Tuesday's meeting. It would be
worthwhile,however,for the Council to provide direction to staff relative to the policy issues
identified in the discussion.
OTHER BUSINESS
There are no other items scheduled for the special workshop session.
/S/ Thomas L. Hedges
City Administrator
TLH/vmd
EAGAN
CITY COUNCIL
OUTLINE OF
ZONING ORDINANCE AUG 1 6 1993
REVIEW
5 P.M. SEPTEMBER 7, 1993
Work Session 1
Agenda
A. Overview of Zoning Ordinance.
1. Sections of Ordinance & Purpose
2. Zoning Map
3. Relationship to Comprehensive Plan
B. Policy/Regulation Issues.
1. Section 11.20 USE DISTRICTS.
a) New Residential District Designations and Densities.
b) New Business District Designations and Purpose.
c) Affect Upon Zoning Map/Designations.
d) New Industrial District Designations.
e) Planned Developments.
2. Section 11.10 General and Special Provisions.
a) Subdivision 5 - Size of Accessory Structures.
b) Subdivision 8 - Public Utility Service.
c) Subdivision 9 - Towers.
d) Subdivision 13 - Open Sales Lots.
e) Subdivision 14 - Hours of Operation.
f) Subdivision 15F - Vegetable Stands.
g) Subdivision 15G - Transient Sales.
h) Subdivision 16 - Vehicle Parking.
i) Subdivision 18 - Fences.
j) Subdivision 22 - Multiple Dwelling Construction.
k) Subdivision 25 - Outdoor Storage in Business & Industrial.
1) Subdivision 30 - Special Promotions
m) Subdivision 37 - Setbacks Along Thoroughfares.
FUTURE WORKSHOP 2 - AGENDA
Section 11.30 Performance Standards
Section 11.40 Administration and Enforcement
Zoning Map Revision
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CIIYOFFACAN
70NINC ONO ! NAi ! CE
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CHAPTER 11
DRAFT AUGUST 1993
TABLE OF CONTENTS PAGE
• SECTION 11.01 INTENT AND PURPOSE. 1
SECTION 11.02 RULES OF LANGUAGE CONSTRUCTION. 2
IT
SECTION 11.03 DEFINITIONS. 3
SECTION 11.10 GENERAL & SPECIAL PROVISIONS. 18
Subd. 1 Application. 18
Subd. 2 Separability. 18
Subd. 3 Non-Conforming Uses, Structures and Signs. 18
Subd. 4 Lot Provisions. 20
Subd. 5 Accessory Buildings and Structures. 20
Subd. 6 Required Yards and Open Space. 21
Subd. 7 Traffic Visibility. 22
Subd. 8 Public Utility Service. 22
Subd. 9 Wind Energy Systems, Radio, T.V. and Cellular Phone Towers 23
Subd. 10 Structures in Public Rights-of-Way. 23
Subd. 11 Excavations and Fills. 23
Subd. 12 Public Address Systems. 23
Subd. 13 Open Sales Lots. 23
Subd. 14 Hours of Operation. 25
• Subd. 15 Additional Requirements, Exceptions and Modifications. 25
Subd. 16 Vehicle Parking. 27
Subd. 17 Placement of House on Residential Lot. 27
Subd. 18 Fences. 28
Subd. 19 Motor Fuel Station. 29
Subd. 20 Residential Complex Development. 30
Subd. 21 Municipal Utilities for Development. 30
Subd. 22 Design and Construction Requirements (R-2, R-3, and R-4) for Multiple
Dwellings. 30
Subd. 23 Platting. 32
Subd. 24 Bury Utilities. 32
Subd. 25 Outdoor Storage in Commercial and Industrial Districts. 32
Subd. 26 Prepared Food Outlets. 33
Subd. 27 Commercial and Industrial Site Development. 34
Subd. 28 Drainage and Water Quality. 34
Subd. 29 Swimming Pools (Outdoor). 35
Subd. 30 Special Promotions. 35
Subd. 31 Retail Sales in Warehouse. 36
Subd. 32 Outlots. 36
Subd. 33 Cemeteries. 36
Subd. 34 Satellite Dish Antennas and Other Antenna Devices. 36
Subd. 35 Inadequate Municipal Facilities. 37
Subd. 36 Steep Slopes. 37
Subd. 37 Building Setbacks on Major Thoroughfares 38
Subd. 38 Temporary Construction Office 38 •
SECTION 11.20 USE DISTRICTS. 39
Subd. 1 Classification. 39
Subd. 2 Zoning Map. 39
Subd. 3 "A" Agricultural District Uses. 40
Subd. 4 Residential District Uses. 40
Subd. 5 Residential & Agricultural Requirements. 42
Subd. 6 Business Districts Descriptions. 44
Subd. 7 Business District Uses. 45
Subd. 8 Business District Requirements. 50
Subd. 9 Industrial Districts Description. 52
Subd. 10 Industrial District Uses. 52
Subd. 11 Industrial District Requirements. 57
Subd. 12 "P" Public Facilities District. 58
Subd. 13 PD Planned Development District. 59
Subd. 14 Flood Plain District (F.D.). 60
SECTION 11.21 SHORELAND ZONING 68
Subd. 1 Purpose and Intent 68
Subd. 2 Scope 68
Subd. 3 Enforcement 68
Subd. 4 Abrogation and Greater Restrictions 68 •
Subd. 5 Definitions 68
Subd. 6 Administration 72
Subd. 7 Shoreland Classification and Shoreland Use Districts 74
Subd. 8 Dimensional Requirements 78
Subd. 9 General Provisions 81
Subd. 10 Planned Development (Cluster Developments) 95
Subd. 11 Non-conformities 102
SECTION 11.30 PERFORMANCE STANDARDS 105
Subd. 1 Purpose. 105
Subd. 2 Performance Standards Regulating Exterior Lighting. 105
Subd. 3 Performance Standards Regulating Noise and Vibration. 106
Subd. 4 Performance Standards Regulating Smoke and Particulate Matter. 106
Subd. 5 Performance Standards Regulating Odor. 106
Subd. 6 Performance Standards Regulating Toxic or Noxious Matter. 106
Subd. 7 Performance Standards Regulating Radiation. 106
Subd. 8 Performance Standards Regulating Heat and Humidity. 106
Subd. 9 Performance Standards Regulating Electromagnetic Interference. 107
Subd. 10 Performance Standards Regulating Fire and Explosive Hazards. 107
Subd. 11 Performance Standards Regulating Liquid or Solid Waste. 107
Subd. 12 Mechanical Equipment Screening. 107
Subd. 13 Refuse Storage and Disposal. 107 •
Subd. 14 Architecture and Building Materials. 107
• Subd. 15 Landscaping. 108
Subd. 16 Protection Use of Trees. 116
Subd. 17 Street Lights. 116
Subd. 18 Sidewalks, Trails and Pedestrian Walkways. 116
Subd. 19 Water Quality. 116
Subd. 20 Design and Maintenance of Off-Street Parking Areas. 116
SECTION 11.40 ADMINISTRATION AND ENFORCEMENT. 126
Subd. 1 Enforcing Officer. 126
Subd. 2 Board of Adjustments and Appeals. 126
Subd. 3 Variances. 127
Subd. 4 Conditional Use Permits. 128
Subd. 5 Interim Use 130
Subd. 6 Amendments (Including Zoning). 131
Subd. 7 Planned Development. 132
Subd. 8 Special Use Permits. 134
Subd. 9 Site and Building Plan. 134
Subd. 10 Certificate of Occupancy. 136
Subd. 11 Repetition Period. 137
Subd. 12 Fees. 137
Subd. 13 Notice. 138
Subd. 14 Permit Successors and Assigns. 138
I 4110 Subd. 15 Violations and Penalties. 138
•
CITY OF EAGAN
CHAPTER 11 LAND USE REGULATIONS •
ZONING
SECTION 11.01 INTENT AND PURPOSE.
This Chapter is adopted for the purpose:
1) Protecting the public health, safety and general welfare.
2) Dividing the City into zones and districts restricting and regulating therein the
location, height, number of stories, size of buildings and other structures, and
percentage of lot which may be occupied, the size of yards and other open
spaces, and the density and distributions of population.
3) Promoting orderly development of the residential, business, industrial, recreation-
al and public areas.
4) Providing adequate light, air and convenience of access to property.
5) Limiting congestion in the public rights-of-way.
6) Preventing the overcrowding of land and undue concentration of structures by
regulating the use of the land and buildings and the bulk of building in relation
to the land and buildings surrounding them.
7) Providing for the compatibility of different land uses and the most appropriate
use of land throughout the City.
8) Providing for more orderly transition from a rural to an urban or suburban
environment.
9) Providing for the administration of this ordinance and amendments thereto.
10) Defining the powers and duties of the administrative officers and bodies, as
provided hereinafter.
11) Prescribing penalties for the violation of the provisions of this ordinance of any
amendment thereto. (Ord. No. 291, Sub-Section 2, 4-21-83)
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SECTION 11.02 RULES OF LANGUAGE CONSTRUCTION.
• The language set forth in the text of this ordinance shall be interpreted in accordance with
the following rules of construction:
1) The singular number includes the plural and the plural the singular.
2) The present tense includes the past and future tenses and the future, the
present.
3) The word "shall" is mandatory and the word "may" is permissive.
4) The masculine gender includes the feminine and neuter genders.
5) Whenever a word or item defined hereinafter appears in the text of this
ordinance, its meaning shall be construed as set forth in such definition thereof.
6) All measured distances expressed in feet shall be rounded to the nearest foot.
•
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SECTION 11.03 DEFINITIONS.
•
The following words and terms, wherever they occur in this Ch ap ter shall be the
meanings assigned to them in this section. Where a definition does not exist in this
Section, the City may utilize the American Planning Association Report Number 421
"Survey of Zoning Definitions" to make a determination.
1) Abutting: Making contact with or lying adjacent thereto.
2) Accessory use or structure: A structure subordinate to and incidently serving
ry y se g
the principal use or structure on the same lot.
3) Addition: An expansion or increase in floor area or height of a building or
structure.
4) Amusement Device: As used herein an amusement device is defined as a
machine which, upon the insertion of a coin, token or slug, operates or may be
operated for use as a game, contest or amusement of any description, or which
may be used for any such game, contest or amusement, and which contains no
automatic pay-off device for the return of money coins, checks, tokens or
merchandise, or which provides for no such pay-off by any other means or
manner.
5) Animal Unit: A unit of measure used to compare differences in the production
of animal manures that employs as a standard the amount of manure produced
on a regular basis by a slaughter steer or heifer. For purposes of this rule, the
following equivalents shall apply:
ANIMAL UNIT
one mature dairy cow 1.4 animal
one slaughter steer or heifer 1.0 animal
one horse 1.0 animal
one swine over 55 pounds .4 animal
one duck .02 animal
one sheep .1 animal
one swine under 55 pounds .1 animal
one turkey .018 animal
one chicken .01 animal
For animals not listed above, the number of animal units shall be defined as the
average weight of the animal divided by one thousand (1,000) pounds.
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6) Automobile Reduction Yard: A lot or yard where one or more unlicensed motor
vehicles, or the remains thereof, are kept for the purpose of dismantling,
wrecking, crushing, sale of parts, sale of scrap, storage or abandonment.
7) Automobile Repair - major: General repair, rebuilding or reconditioning of
engines, motor vehicles or trailers, including body work, framework, welding and
major painting service.
8) Automobile Repair - minor: The replacement of any part of repair of any part
which does not require removal of the engine head or pan, engine transmission
or differential; incidental body and fender work, minor painting and upholstering
service. Above stated is applied to passenger vehicles and trucks not in excess
of seven thousand (7,000) pounds gross weight.
9) Building: Any structure formed by combining materials or parts.
10) Building Coverage: The area of a lot covered by building(s).
11) Building Height: The vertical distance above "grade" as herein defined to the
highest point of a flat roof or a mansard roof, or to the highest gable of a
pitched or hipped roof, except that when used to compute setbacks between
abutting buildings, this distance shall be measured to the eave line of the
adjacent building faces.
• 12) Carport: An automobile shelter projecting form the side of a building and having
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one or more sides.
13) Church: A building, together with its accessory buildings and uses, where
persons regularly assemble for public worship.
14) Commission: Shall mean the Advisory Planning Commission of the City of
Eagan.
15) Concept Plan: A scaled drawing(s) illustrating a proposed development
including but not limited to public and private streets, driveways, building
locations, lots, densities, open space, trail and walkway locations and similar
details.
16) Conditional Use Permit: A permit granted by the City Council after review
thereof by the Planning Commission for any activity designated as a conditional
use in any use district.
17) Construction Materials, Manufactured: A material which is created from
constituent parts which are reduced, pulverized, chemically treated or otherwise
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altered and then combined in a manufacturing process to form a new material. 0
Examples of such materials include but are not limited to: chipboard; plywood;
hardboard sheets; vinyl sheets; aluminum or steel sheets; stucco; brick;
concrete; concrete block and precast panels.
18) Construction Materials, Natural: A non-manufactured material existing in nature
which is prepared for use only by cutting, forming or machining. Examples of
such materials include but are not limited to wood planks, timbers and stone.
19) Council: Shall mean the City Council of the City of Eagan.
20) Development Plan: A set of drawings and/or written text describing and/or
illustrating the development of property including but not limited to: site analysis
information, staging, grading, drainage and end use.
21) Dwelling: A building of one or more portions thereof occupied or intended to
be occupied for residential purposes, but not to include rooms in motels, hotels,
nursing homes, boarding houses, mobile homes, tents, cabins, or trailer
coaches.
22) Dwelling Attached: A dwelling which is joined to another dwelling at one or
more sides by a party wall, walls, ceiling or floors.
23) Dwelling, Detached: A dwelling unit not attached to another dwelling. •
24) Dwelling, Unit: A single building or part of a building providing complete
independent living facilities for one or more persons including permanent
provisions for sleeping, eating, cooking and sanitation.
25) Essential Services: Underground and overhead gas, electrical, steam or water
distribution systems; collector, communication, supply or disposal systems
including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm
boxes, police call boxes, traffic signals, hydrants or similar equipment and
accessories in conjunction therewith, including city buildings.
26) Excavation: The mechanical removal of any rock, natural soil or fill and/or any
combination thereof.
27) Family: An individual, or two (2) or more persons related by blood, marriage,
or adoption, living together as a single domestic unit; or a group of not more
than five (5) persons not related by blood, marriage or adoption maintaining a
common household and using common cooking and kitchen facilities.
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28) Farm: A parcel of land having an area of ten (10) acres or more upon which
• crops or animals are raised.
29) Fence: Any partition, hedge, structure, wall, or gate erected as a dividing
marker, barrier, or enclosure designed to prevent passage in and out. A fence
in excess of six (6) feet in height shall be subject to a building permit as required
by the Minnesota State Building Code.
30) Fill: The deposit of rock, natural soil or fill or any combination thereof placed by
artificial means.
31) Floor Area: The area included within the surround wall of a building or portion
thereof, exclusive of vent shafts and courts. The floor area of a building or
portion thereof not provided with surround exterior walls shall be the useable
area under the horizontal projection of the roof or floor above.
32) Grade: The lowest point of elevation of the finished surface of the ground,
paving or sidewalk within the area between the building and the property line,
or when the property line is more than five (5) feet from the building, between
the building and line five (5) feet from the building.
33) Grading: Any excavation or fill or combination thereof.
• 34) Garage, Private: A detached or attached accessory structure which is used
primarily for storing vehicles.
35) Garage Sale: Any display and sale of goods on a property customarily used as
a residential dwelling.
36) Home Occupation: Any occupation meeting all of the following requirements
when engaged in only by persons residing in their dwelling, when that
occupation in conducted within the principal structure, when evidence of the
occupation is not visible form the street, when no signs are present other than
those permitted in the district in which it is located, over-the- counter sales are
not involved, and entrance to the home occupation is gained from within the
structure. A professional person may use his residence for consultation,
emergency treatment or performance of religious rites, but not for the general
practice of his profession when such general practice will involve the need for
more than three (3) parking spaces for the occupant and visitors.
No accessory structures or garage shall be used for such home occupations.
Home occupations include professional offices, minor repair services, photo or
art studio, dressmaking, nurseries, child day care centers, or teaching limited to
three (3) students at any one time, and similar uses. A home occupation shall
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not be interpreted to include tourist homes, barber shop, beauty shop,
restaurants or similar uses, however, these, may be allowed as otherwise
permitted under this ordinance.
37) Horticulture: The production and storage of fruits and vegetables.
38) Interim Use: A temporary use of property until a particular date, until the
occurrence of a particular event or until zoning regulations no longer permit the
use.
39) Junkyard: An area where used, waste, discarded or salvaged materials are
bought; sold; exchanged; stored baled cleaned; abandoned; packed; disassem-
bled or handled, including but not limited to scrap iron; and other metals, rags,
paper, rubber products, bottles and lumber. (Storage of such materials in
conjunction with a permitted manufacturing process when within an enclosed
area or building shall not be included.)
40) Kennel: As defined in Section 6.38 of the City Code.
41) Land Reclamation: Depositing four hundred (400) cubic yards or more of
materials so as to elevate the grade.
42) Landscape Materials: Trees, shrubs, flowers and vines. Sod, bark, stone, grass
seed, fences, retaining walls, patios and other physical site and grading work is
specifically excluded from this definition.
43) Loading Berth: An unobstructed area provided and maintained for the
temporary parking of trucks and other motor vehicles for the purpose of loading
and unloading goods, wares, materials and merchandise.
44) Lot: A parcel of land legally described and filed of record with the County
Recorder.
45) Lot Area: The area of a lot in a horizontal plane bounded by the lot lines but not
including any area occupied by the waters of a duly recorded lake or river or
area which has been dedicated as public thoroughfare, road, or public utility
easement.
46) Lot Area Per Unit: The number of square feet of lot area required per dwelling
unit.
47) Lot, Corner: A lot situated at the junction of and abutting on two (2) or more
intersecting streets, or a lot at the point of deflection in alignment of a
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continuous street, the interior angle of which does not exceed one hundred
thirty-five (135) degrees.
48) Lot Depth: The mean horizontal distance between the front lot line and the rear
lot line of a lot.
49) Lot Line: A line forming the boundary of a lot.
50) Lot Line, Front: That boundary of a lot which abuts an existing or dedicated
public street, and in the case of a corner lot, it shall be the shortest dimension
on a public street.
51) Lot Line, Rear: That boundary of a lot which is opposite the front lot line. If the
rear lot line is less than ten (10) feet in length, or if the lot forms a point at the
rear, the rear lot line shall be a line ten (10) feet in length within the lot
connecting the side lot lines and parallel to the front lot line.
52) Lot Line, Side: Any boundary of a lot which is not a front lot line or a rear lot line
or a lot line along a public street.
53) Lot, Through: A lot which has a pair of opposite lot lines abutting two (2)
substantially parallel streets, and which is not a corner lot.
• 54) Lot Width: The distance measured between lot lines, parallel to the front lot line
at the minimum required front yard setback.
55) MCAPTS: Manufacturing, compounding, assembly, processing, testing and
storage.
56) Mining: The extraction of sand, gravel or other material from the land in the
amount of four hundred (400) cubic yards or more and removal from the site.
57) Motel/Hotel: A building or group of buildings providing a number of bedrooms
and bath accommodations for motorists, tourists, or travelers.
58) Motor freight terminal: A building or area in which freight brought by motor
truck or rail is assembled and/or stored for routing to interstate or intrastate by
motor truck.
59) Nonconforming Structure: A structure which lawfully existed prior to the
enactment of a zoning ordinance, and which is maintained after the effective
date of the ordinance although it does not comply with the restrictions applicable
to the area in which it is situated.
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60) Nonconforming Use: Use of land which was lawfully authorized prior to the
enactment of the zoning ordinance, and which is continued after the effective
date of the ordinance although it does not comply with the use restrictions
applicable to the area in which it is situated.
61) Motor Fuel Station Class I: A place or business engaged in the sale of motor
fuels, incidental petroleum products and providing minor automobile services as
defined herein.
62) Motor Fuel Station Class II: A place of business engaged in the sale of motor
fuels and dispensation of services generally associated with the operation and
maintenance of motor vehicles, including major auto or truck repair facilities.
63) Multiple Resident Structure: Any dwelling which is joined to another dwelling at
one or more sides by a party wall, walls, ceiling or floor, including apartments,
townhouses and duplexes.
64) Multiple Dwelling Recreation Area: An area or collective series of areas within
a multiple dwelling site or complex which provides open space and/or
recreational services to the residents of the complex.
65) Nonconforming Structure: A structure which lawfully existed prior to the
enactment of a zoning ordinance, and which is maintained after the effective
date of the ordinance although it does not comply with the restrictions applicable •
to the area in which it is situated.
66) Nonconforming use: Use of land which was lawfully authorized prior to the
enactment of the zoning ordinance, and which is continued after the effective
date of the ordinance although it does not comply with the use restrictions
applicable to the area in which it is situated.
67) Nursery, Day: A dwelling where care is provided for pay for more than three (3)
children in addition to the family residing on the premises.
68) Open Sales Lot: Land devoted to the display of goods for sale, rent, lease,
advertising or trade, where such goods are not enclosed within a building.
69) Outdoor Storage: To display, stock, keep, sell or trade outside a commercial
or industrial building any items of merchandise, supplies, materials, finished
goods, inventory or other movable property, trash receptacles, or motor
vehicles.
70) Outlot: A platted lot designated as an outlot, which is to be permanently
reserved as an unbuildable area except for utility structures, or which is to be
replatted prior to building thereon.
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71) Parking Space: A suitable surfaced or permanently maintained area of sufficient
• size as regulated by this ordinance to store one vehicle either within or outside
of a building.
72) Performance Standard: Criteria established to control height, bulk, setback, land
coverage and density of buildings as well as noise, odor, toxic or noxious
matter, vibration, fire or explosive hazards, or glare of heat generated by or
inherent in uses of land or buildings.
73) Permitted Use: The main use which may be lawfully established in a particular
district or districts, provided it conforms with all requirements, regulations and
performance standards (if any) in such districts.
74) Planned Development: An urban development often having two (2) or more
principal uses and having specialized performance standards related to an
overall approved development plan to provide for an optimal land use
relationship.
75) Principal Use: The main use of land or buildings as distinguished from
subordinate or accessory uses. A "principal use" may be either permitted or
conditional.
76) Processing: The crushing, washing, compounding or treating of rock, sand,
gravel, or similar materials.
77) Public Hearing: Unless otherwise specifically defined, shall mean a public
hearing pursuant to a notice published once in the official newspaper of the city
at least ten (10) days prior to the date of such hearing, which notice shall
specify the general purpose, time and location of such hearing. Any such
hearing, after publication of notice of hearing, may be continued, recessed, or
adjourned, from time to time, without further publication or notice thereof.
78) Public Utility Services: The providing of electric power„ gas, telephone, sanitary
sewer and water and storm sewer.
79) Protected Waters: Any waters of the State of Minnesota which serve a beneficial
public purpose, as defined in Minnesota Statutes 1976, Section 105.37, Subdivi-
sion 6. However, no lake, pond or flowage of less than ten (10) acres in size
and no river or stream having a total drainage area less than two (2) square
miles shall be regulated for the purpose of these regulations. A body of water
created by a private user where there was no previous shoreland, as defined
herein, for a designated private use authorized by the Commissioner of Natural
Resources shall be exempt from the provisions of this ordinance. The official
determination of the size and physical limits of drainage areas of rivers and
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streams shall be made by the Commissioner of Natural Resources. The official
size of lakes, ponds, or flowages shall be the areas listed in the Division of •
Waters' Bulletin 25, An Inventory of Minnesota Lakes," or in the event that
lakes, ponds, or flowages are not listed therein, official determination of size and
physical limits shall be m made by the Commissioner of Natural Resources in
cooperation with the municipality.
80) Publication: Notice placed in the official city newspaper stating time, location
and date of meeting and description of topic.
81) Rehabilitation: To restore the area of a mining or excavation operation into a
safe and useful condition and otherwise progress in a constructive manner.
82) Residential District: A zoning district providing for one family or multiple family
homes. Includes R-1, R-1 E, R-1 D, R-2, R-3 AND R-4 districts unless state
otherwise.
83) Restaurant, Class I:
a) Traditional Restaurant: An eating facility where complete table service
including utensils, is provided whereupon a customer orders food, is served
food at a table and consumes food while seated at a single location.
b) Cafeteria: An eating establishment where food is selected by a customer •
while going through a serving line and taken to a table for consumption.
84) Restaurant, Class II:
a) Fast Food: A majority of the customers order food and are served their
food at a counter and then take their food to a table or counter where is
consumed. However, a significant number may take their food outside to
eat in an automobile or off the premises.
b) Drive-up: A facility where a majority of the customers consume their food
in an automobile regardless of how it is served.
c) Carry-out and Delivery Restaurants: A facility where food is prepared for
consumption off the premises only.
85) Setback: The minimum horizontal distance between a structure, sewage
treatment system, or other feature and an ordinary high water level, sewage
treatment system, top of a bluff, road, highway, property line, or other facility.
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86) Shoreland: Land located within the following distances from public waters: (1)
4 one thousand (1,000) feet from the ordinary high water mark of a lake, pond, or
flowage; and (2)three hundred (300) feet from a river or stream, or the landward
extent of a floodplain designated by ordinance on such a river or stream, which
ever is greater. The practical limits of shorelands may be less than the statutory
limits where such limits are designated by natural drainage divides at lesser
distances, as shown on the official zoning map of the Municipality of Eagan.
87) Sign: As defined in Chapter 4.20 of the City Code.
88) Special Use Permit: A permit that is specifically granted to an individual and
property by the City Council for a temporary use with a specified termination
date not to exceed one year.
89) Story: That portion of a building included between the upper surface of any
floor and the upper surface of the floor next above, except that the topmost
story shall be that portion of a building included between the upper surface of
the topmost floor and the ceiling or roof above. If the finished floor level directly
above a basement, cellar or unused underfloor space is more than six (6) feet
above grade as defined herein for more than fifty (50) percent of the total
perimeter or is more than twelve (12) feet above grade as defined herein at any
point, such basement, cellar or unused floor space shall be considered a story.
411 90) Street: A public right-of-way.
91) Structure: That which is built or constructed, an edifice or building of any kind,
or any piece of work artificially built up or composed of parts joined together in
some definite manner.
92) Swimming Pool: That which is built or constructed to contain water over one
and one-half (1 1/2) feet in depth or with a capacity of over one thousand
(1,000) gallons.
93) Thoroughfare: Shall be those streets as shown on the City of Eagan's
Thoroughfare Plan at the right-of-way width indicated.
94) Townhouse: Single-family building having one or more walls in common with
another single-family building oriented so all exits open directly to the outside.
95) Use: The purpose or activity for which the land or building thereon is
designated, arranged or intended, or for which it is occupied.
96) Use for Accessory, Special or Conditional: See definitions contained herein.
12
97) Variance: Any modification or variations of official controls where it is deter-
mined that, by reason of exceptional circumstances, the strict enforcement of •
the official controls would cause unnecessary hardship.
98) Yard: An open space on a lot which is unoccupied a n d u n obs tr uc ted by
bu ildin g from m its lowest ground level to the sky except as expressly p ermitted by
this ordinance. A yard shall extend along a lot line and at right angles to such
a lot line to a depth or width specified in the yard regulations for the district in
which such lot line to a depth or width specified in the yard regulations for the
district in which such lot is located.
99) Zoning District: An area or areas as set forth & illustrated on the Official Zoning
Map within the limits of the City of Eagan for which the regulations and require-
ments governing use, lot and size of building and premises are uniform.
•
13 S
SECTION 11.10 GENERAL & SPECIAL PROVISIONS.
Subd. 1 Application.
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
and general welfare.
B. Where the conditions imposed by any provisions of this Chapter are either more
restrictive or less restrictive than comparable conditions imposed by any other law,
City Code provision, statute, resolution or regulation of any kind, the regulations
which are more restrictive or which impose higher standards or requirements shall
prevail.
C. Except as in this Chapter specifically provided, no structure shall be erected,
converted, enlarged, reconstructed or altered and no structure or land shall be used
for any purpose nor in any manner which is not in conformity with this Chapter.
Subd. 2 Separability.
It is hereby declared to be the intention of the Council that the several provisions of this
Chapter are separable in accordance with the following:
• A. If any court of competent jurisdiction shall adjudge any provisions of this Chapter to
be invalid, such judgment shall not affect any other provisions of this Chapter not
specifically included in said judgment.
B. If any court of competent jurisdiction shall adjudge invalid the application of any
provision of this Chapter not specifically included in said judgment.
Subd. 3 Non-Conforming Uses, Structures and Signs.
A. Purposes: This Section is intended to limit the number and extent of non- conforming
uses by prohibiting their enlargement, their re-establishment after abandonment, and
alteration or restoration after destruction of the structures they occupy. Eventually,
certain classes of non-conforming uses, non-conforming structures of nominal value,
and certain non-conforming signs are to be eliminated or altered to conform.
B. Continuation and Maintenance:
1) Except as otherwise provided in this Chapter, a use, lawfully occupying a
structure or a site on the effective date of this Section or amendments thereto
that does not conform with the use regulations of the size area per dwelling unit
regulations for the district in which the use is located shall be deemed to be a
18
non-conforming use and may be continued, except as otherwise provided in this
Section. •
2) Non-conforming uses must comply with all regulations for off-street parking and
loading, screening, landscaping and performance standards as may be practical
and possible within five (5) years of the adoption of this ordinance.
3) Routine maintenance and repairs may be performed on a structure or site the
use of which is non-conforming and on a non-conforming structure.
4) Removal or destruction of a non-conforming structure to the extent of more than
fifty (50%) percent of its estimated market value, excluding land value and as
determined by the county assessor, shall terminate the right to continue any
non-conforming land use;
5) There shall be no expansion, enlargement, intensification, replacement,structural
change or relocation of any use or any site element of any non- conforming land
use except to make it a permitted use or except as a part of an overall
rehabilitation approved by the City.
6) In a multi-use structure, such as a shopping center, the non-conforming use
provisions shall extend to the entire structure if the non-conformance relates to
the structure use.
•
If the non-conformance relates to an individual use within a multi-use structure,
the non-conforming use provisions shall only related to the individual non-
conforming use and shall not be applicable to the entire structure.
7) A non-conforming land use shall not be resumed if the normal operation of the
use has been discontinued for a period of twelve (12) or more months. Time
shall be calculated as beginning on the day following the last day in which the
use was in normal operation and shall run continuously thereafter. Following the
expiration of 12 months, only land uses which are permitted by this ordinance
shall be allowed to be established;
8) If a nonconforming land use is superseded or replaced by a permitted use, the
non-conforming status of the premises and any rights which arise under the
provisions of this section shall terminate.
C. Non-Conforming Sign: A non-conforming sign which does not pose a safety problem
or hazard to life or property may remain and be maintained by ordinary maintenance
provided the sign conforms to the following:
19 •
1) Shall not be altered or enlarged in any way;
• 2) Shall not be replaced by another non-conforming sign, except that changing the
message on a sign shall not be deemed to be a replacement;
3) Shall not be relocated unless it is made to conform to this ordinance;
4) Shall not be reconstructed after incurring damage in an amount exceeding 50
percent of its market value at the time of loss, as determined by the city;
5) Shall not be maintained through replacement of structural elements; and
Subd. 4 Lot Provisions.
A duly created lot of record shall be deemed a buildable lot provided all of the following
are met:
A. The lot shall have a minimum of fifty (50) feet of frontage on a improved public street
or the lot shall have been approved in platting a condominium project or an attached
dwelling project wherein a contiguous lot, owned in common, provides said frontage.
B. There shall be no more than one (1) principal building on one (1) lot except when
approved as a part of an overall development plan by the City.
411 C. The lot, except for outlots, shall be topographically capable of supporting a
building(s).
D. The lot, except for outlots, shall be of sufficient size to accommodate a building(s)
within the minimum required building setbacks for the particular zoning district in
which it is located unless a variance(s) has been granted by the City.
Subd. 5 Accessory Buildings and Structures.
A. Accessory buildings and structures related to farming operation and on a farm may
be located anywhere on the lot except that a building for housing more than two (2)
animal units shall be not less than fifty (50) feet from lot line and all buildings shall
conform to minimum yard regulations.
B. There shall be no more than one (1) accessory building on a Residential R-1, R-1 E,
and R-1D lot except two (2) accessory buildings shall be permitted where one (1) of
the accessory buildings is a detached garage.
C. No accessory building on a Residential R-1, R-1 E, and R-1 D lot shall be larger than
forty (40%) percent of the size of the principal building. The size shall be the number
20
of square feet determined by the outside wall dimensions of the principal building
excluding an attached garage.
•
D. No accessory building or structure other than a fence shall be permitted on any lot
in an "R" district prior to the time of construction of the principal building to which it
is accessory, except a residential garage, which prior to the construction of a
residence can be used for storage purposes pertaining to and until the completion
of the main structure.
E. No accessory building shall be less than the minimum required setback for the
principal building along the street, side, and rear lot lines as required by Section
11.20.
F. Unless otherwise herein specified, no accessory building shall exceed the height of
the principal building except when on a farm and related to a farming operation.
G. Accessory buildings shall be of the same general architectural design and of the
same building materials so that buildings are architecturally compatible with the
principal structure on any lot and in any district except for farming operations in an
Agricultural District.
H. It shall be unlawful to install, construct, erect, alter, revise, reconstruct, or move, any
accessory building which exceeds one hundred twenty (120) square feet in area
without first obtaining a building permit.
I. All buildings on a Residential R-1, R-1 E & R-1 D lot, including accessory buildings shall
not exceed twenty (20%) percent building coverage of the lot.
Subd. 6 Required Yards and Open Space.
A. Whenever a park or play area fronts upon a public right-of-way or railroad
right-of-way, either a landscaped yard area of at least thirty (30) feet shall be
maintained from such right-of-way and the nearest developed play space, or a fence
or similar barrier shall be constructed in conformance with this ordinance. This
Section shall apply to all public and private parks, schools, churches and areas where
play areas are provided.
B. No yard or open space existing upon the effective date of this Section shall be
reduced in area or dimension so as to make such yard or other open space less than
the minimum required by this Section.
C. The following shall not be considered as encroachments on yard or setback
requirements:
21 •
1) Chimneys, flues, belt courses, sills, pilasters, lintels, ornamental features,
• cornices, eaves, bays, gutters, and other similar projections provided they do
not extend more than thirty (30) inches into the yard and in no instance in the
"R" district, nearer than three (3) feet from the lot lines.
2) In front yards, balconies that extend a distance of four (4) feet or less, provided
that they are seven (7) feet or more above grade at building line and unenclosed
patios that extend a distance of eight (8) feet or less.
3) In side yards, terraces, steps, stoops, and uncovered porches, which do not
extend in elevation above the heights of the ground floor level of the principal
building and do not extend nearer than five (5) feet from the lot line, parking
area and driveways.
4) In rear yards, balconies, breezeways, detached picnic shelters, recreational
equipment, landscape features, driveways, steps, stoops, uncovered porches,
patios, and mechanical equipment.
D. The Council may waive the required side yard setback requirement in all districts, if
two legal lots of record are held in one ownership and are combined by the Dakota
County Assessor as one tax parcel.
Subd. 7 Traffic Visibility.
• On all corner lots in all districts, no structure or planting in excess of thirty (30) inches
p 9 rtY ( )
above the abutting curb line shall be permitted within a triangular area defined as follows:
Beginning at the intersection of the projected curb lines of two intersecting streets, thence
thirty (30) feet along one curb diagonally to a point thirty (30) feet from the point of
beginning of the other curb line, thence to the point of beginning.
Subd. 8 Public Utility Service.
It is unlawful to install, construct, erect, alter, revise, reconstruct or move any public utility
without first obtaining the approval from the Council unless the installation or alteration
is being done in accordance with the provisions of a franchise agreement with the City.
In issuing said approval, the Council shall find that:
A. The proposed location of the utility shall not unreasonably interfere with existing or
future land use of the City or cause a reduction in property values.
B. The depth of any buried utility shall be at a depth that will not cause future problems
with roads, streets, utilities or buildings.
• 22
C. The width of any linear easements or rights-of-way shall not be such that it will
unreasonably interfere with future land use.
D. The proposed location width, depth and/or height shall be consistent with any City
Plans for the location of public utilities.
E. Height shall not exceed thirty five (35) feet.
Subd. 9 Wind Energy Systems, Radio, T.V. and Cellular Phone Towers
A. The placement, erection and maintenance of Wind Energy Conversion Systems and
radio or T.V. towers are regulated by City Code Section 4.5.
B. Cellular telephone towers shall be regulated under the same provisions.
C. Height shall not exceed fifty (50) feet and the minimum required setback shall be
equal to the height of the tower for all setbacks.
Subd. 10 Structures in Public Rights-of-Way.
No buildings, structures or uses may be located in or on any public lands or rights-
of-way without approval by the Council.
Subd. 11 Excavations and Fills. •
Excavating, filling, and reclamation and mining shall be permitted in all districts by and
according to the provisions of Section 4.30 of the City Code.
Subd. 12 Public Address Systems.
Public address systems shall not be heard on adjoining property shall be prohibited .
Subd. 13 Open Sales Lots.
Open sales lots for marine and auto/truck sales and garden supplies shall only be
permitted by conditional use-permit in the General Business (B-3) and Community
Shopping Center (B-4) Districts and shall be subject to the following standards:
A. Open sales shall be accessory to the principal use of the property and shall only be
permitted where a minimum ten thousand (10,000) square foot principal building
exists upon the subject property.
23 •
B. The minimum twenty-five (25) foot wide yard abutting public right-of-way shall be
landscaped and said landscaping shall be separated from the usable portion of the
lot by a concrete curb. Said twenty-five (25) foot landscaped yard shall also be
provided where such lot abuts a residential lot.
C. All of the lot other than the portion occupied by a building or landscape treatment
shall be surfaced to control dust and drainage.
D. The lot shall be constructed according to a grading plan approved by the City .
E. When such a lot is adjacent to a lot located in the "R" District, a screening fence of
suitable design shall be erected along the property line.
F. The outdoor lighting system for a sales lot shall be so designed that no direct source
of light is visible from the public right-of-way or adjacent land.
G. A site plan for the lot, showing ingress and egress, storage, parking, fencing and
other necessary features, required to understand the operation shall be filed for
review by the City as a part of the Conditional Use Permit procedure.
H. Test driving of vehicles from sales lots shall not be permitted on local residential
streets.
11
• 24
Subd. 14 Hours of Operation.
•
Hours of operation of any retail business, any restaurant or any motor fuel sales located
within two hundred (200) feet from any residential use and not fronting on a major or
minor arterial, shall be confined to the period between 6:00 A.M. and 1:00 A.M.
Subd. 15 Additional Requirements, Exceptions and Modifications.
The requirements and standards specified heretofore in this Section shall be subject to
the following.:
A. Height Limitations: Height limitations as set forth in "R" Districts elsewhere in this
Chapter may be increased when applied to the following:
Church Spires & Steeples - No limit.
Antenna - Radio or TV - 50 feet.
Flag Poles - No limit.
Belfries - No limit.
Wind Energy Conversion Systems - 50 feet.
For all antenna, flag poles and wind energy conversion systems, the minimum
required setback for all yards shall be equal to the height of the structure.
B. Front Yard Variance: In any "R" District, wherever a platted block or otherwise
subdivided area has dwellings located on fifty percent (50%) or more of the parcels
located between two (2) streets, the minimum required front yard setback line shall
become the average setback established by the existing dwellings located in the
block. This shall not supersede the requirements of Subdivision 6, Subparagraph C
of this Section where applicable.
C. Uses Not Provided for Within Zoning Districts: Whenever in any district, a use is
neither specifically permitted or denied, a property owner may request a study by the
City to determine whether the particular use is deemed similar to the uses permitted
in the zoning district in which it is proposed to be located. Such staff study shall be
submitted to the City Council for final determination.
D. Temporary Uses: The Council may grant a special permit for a specified period of
time for a temporary use not otherwise provided for by this Section. Said temporary
use may include, but is not limited to, storage of materials for highway construction,
Christmas tree sales, special promotions and/or similar uses.
E. Test Driving: Test driving of vehicles from sales lots shall not be permitted on local
residential streets.
25 •
F. Vegetable Stands:
1.) On-site vegetable stand sales shall only be permitted in the Agricultural district,
shall not exceed five hundred (500) sq. ft. in area, shall meet the minimum required
building setback for the area in which they are located, and shall only sell vegetables
grown on the subject property where the stand is located.
2.) Off-site vegetable stand sales shall be permitted in the Agricultural, Business and
Public Facilities Districts by a special use-permit and shall be subject to the following:
a. Approved by the Council shall require an approved site plan showing
ingress and egress, location of sales area, structure setbacks, signage, and
similar details.
b. The site shall be maintained in a clean and orderly manner.
c. The time duration shall be limited so that sales do not interfere with other
uses which may occupy the same premises.
G. Transient Sales: Temporary ry sales of seafood, flowers, paintings, fruits, vegetables or
similar items shall be permitted in Business and Industrial parking lots not to exceed
forty-eight (48) hour sales and more than four times a calendar year in any parking
lot. Said sales shall be only from vehicles less than one (1) ton and shall:
1) Not interrupt vehicle circulation on the site.
• 2) Not be conducted on .ublic right-of-way.
p 9 Y
3) Not be within two hundred (200) feet of a residence.
4) Have written authorization from the owner.
5) Be limited to one sign not exceeding 32 sq. ft. which shall exist for a maximum
of 48 hours next to the display.
6) Be limited to display in a compact manner and shall not be scattered about the
lot.
H. Licensed Care Homes:
Community based family care home, day care home licensed under Minnesota
Statutes, Section 245.812, or such home for the care of the mentally or physically
handicapped licensed by the state shall be permitted by conditional use permit in all
multiple dwelling zoning districts and those with 1 to 6 occupants shall be permitted
in R-1 E, R-1 and R-1 D districts subject to the following:
1) The facility shall meet all existing health, fire, building and housing codes.
• 26
2) A minimum separation of one-quarter mile shall exist between such facilities.
The city council may grant exception to the one-quarter mile rule when either
strong community support exists, program effectiveness is closely tied to
particular cultural resources in the community, or an effective natural or
man-made barrier exists between facilities.
3) Such conditional use permit shall be reviewed at one year intervals and may be
revoked by the City Council if it is determined that the health, safety or general
welfare of the area is being adversely effected.
Subd. 16 Vehicle Parking.
A. Inoperative or Unlicensed: All inoperative or vehicles without a current license shall
be stored within a building or parked within a designated outside vehicle storage area
as approved by the City. The parking and storage of vehicles shall also meet the
requirements of City Code Section 10.50 and 10.51.
B. Parking in Residential Districts: Parking in all residential districts shall be subject to
the following requirements:
1) Required off-street parking in the residential districts shall be on the same lot as
the principal building unless otherwise approved by the City Council.
2) No commercial motor vehicle in excess of one ton capacity and no commercial •
trailer shall be parked or stored in a residential district except when loading,
unloading or rendering a service. One commercial vehicle, not over one ton
capacity, may be parked at the residence of the owner or operator of said
vehicle. Under no circumstances shall parking facilities accessory to residential
structures be used for open air storage of commercial vehicles and, in addition,
parking shall meet the provisions of City Code 10.52.
3) A maximum of one boat not exceeding eighteen (18) feet in length may be
parked at the residence of the owner or operator.
4) Parking of a commercial vehicle or boat shall be on an improved impervious
surface and shall be set back a minimum of ten (10) feet from any lot line.
Subd. 17 Placement of House on Residential Lot.
A. On all residential lots not served by public utilities which are at least twenty- four
thousand (24,000) square feet in area and one hundred seventy (170) feet in width,
all structures shall be placed so that the lot may be further subdivided in the future
unless otherwise approved by the City Council.
27 •
B. On all residential lots where a two-car garage is not constructed with initial
• development, sufficient space in accordance with the minimum setback requirements
shall be reserved for the potential future construction of a two-car garage.
C. On all residential lots not served by public utilities a minimum of two (2) suitable drain
field locations shall be identified before a building permit is issued.
Subd. 18 Fences.
A. No person, firm or corporation except in a Business or Industrial District or on a farm
and related to farming, shall hereafter construct or cause to be constructed or erected
any fence, wall or similar barrier in excess of six (6) feet in height.
B. Business and Industrial: Fences in excess of six (6) feet may be permitted in any
Business or Industrial District subject to the following:
i) A building permit shall be required.
ii) The fence shall meet the minimum front yard set back required for a
principal building in the district in which the fence is located.
iii) The finished side of the fence shall face outward and both sides shall be
maintained.
iv) The fence shall not exceed eight (8) feet in height.
• C. Residential District Fences: In all residential districts and not a farm, fences shall be
erected or maintained as follows:
1) Fences on all corner lots erected within thirty (30) feet of the intersecting
curbline shall be subject to traffic visibility requirements of Subdivision 7 of this
Section 11.10.
2) Fences may be constructed to a maximum height of six (6) feet on the side
property line from the rear lot line to the front setback line of the principal
building.
3) Fences along any rear property line which is also the rear property line of an
abutting lot or which abuts a street right-of-way shall not exceed six (6) feet in
height.
4) Fences along a rear property line which constitutes the side lot line of an
abutting lot shall not exceed six (6) feet in height and shall not exceed three and
one-half (3 1/2) feet in height within a build setback area along a public street.
5) Fences shall be constructed with the finished side facing outward and both sides
shall be maintained.
28
6) Fences for swimming pools shall be provided as required in Subdivision 29 of
this Section.
D. Special Purpose Fences: Fences for special purposes, such as the Zoological
Garden perimeter fence, may be permitted in any use district by the city council.
Findings shall be made that the fence is necessary to protect, buffer or improve the
premises for which the fence is intended.
E. Construction and Maintenance: Every fence shall be constructed in a workmanlike
manner and of substantial material reasonably suited for the purpose for which the
fence is proposed to be used. Every boundary line fence shall be maintained in a
condition of reasonable repair and shall not be allowed to become and remain in a
condition or disrepair or danger or constitute a nuisance to the public. Any such
fence which is or has become dangerous to the public safety, health or welfare is a
public nuisance, and the zoning administrator shall commence proper proceedings
for the abatement thereof. Link fences shall be constructed in such a manner that
no barbed ends shall be at the top. Electric boundary fences shall only be permitted
in the agricultural district when related to farming and on farms in other districts, when
related to farming, but not as boundary fences. Barbed wire fences shall only be
permitted on farms.
Subd. 19 Motor Fuel Station.
Motor fuel stations shall be subject to the following standards: •
A. The minimum required building setback shall relate to any canopy, weather
protection, pump island or building and shall be measured to the closest portion of
any canopy.
B. The sale or rent of motor vehicles, trailers, campers, boats and other items which are
not kept entirely within the building shall require an approved open sales lot.
C. A minimum twenty-five (25) feet landscaped yard shall be provided along all abutting
public rights-of-way lines.
D. All goods offered for sale on the motor fuel station site, shall be stored, sold and
displayed within a building. No goods offered for sale shall be stored, sold or
displayed outside except propane canisters.
E. All trash, waste material recyclable and motor vehicle parts shall be stored within the
building or within a suitable screened enclosure attached to the building as approved
by the City. Said trash material or parts shall be removed from the site on a weekly
basis.
29 •
F. The outdoor lighting system shall be approved by the City and shall be so designed
• to prevent any undue light being directly visible from the public right-of-way or
abutting lots.
G. Wherever a motor fuel station abuts an "R" District, a solid six (6) foot high screen
shall be erected and maintained along the side and rear property line that abuts the
"R" District.
H. Driveways shall be consistent with the provisions of Section 11.30 Subdivision 280.
I. An overall site plan shall be submitted to and approved by the City prior to the
issuance of a building permit.
Subd. 20 Residential Complex Development.
In all R-2, R-3 and R-4 Districts, involving more than one (1) principal structure, a
development plan shall be required with a review by the Planning Commission and the
approval of the Council. Said development plan shall be for a period of two (2) years
from the date of formal approval by the Council. Approval for periods beyond the two (2)
years shall be permitted for Planned Developments only. When a development plan
expires, no further building or excavation permits shall be issued until a new plan has
been reviewed by the Planning Commission and approved by the Council.
• Subd. 21 Municipal Utilities for Development.
In all zoning Districts, municipal water and sanitary sewer facilities shall be available and
installed prior to occupancy or use of any structure except for single family homes where
public utilities are not available.
Subd. 22 Design and Construction Requirements (R-2, R-3,and R-4)for Multiple
Dwellings.
A. Building Design Requirements:
1) Design Supervision by Architect: Architects shall be required for the construc-
tion of all multiple dwellings of three (3) units or more. The building plan,
including site plan for such a building shall be certified by an architect,
registered by the State of Minnesota, stating that he has personally viewed the
site and has designed the building to fit the site as planned and to be harmoni-
ous with the adjacent buildings, topography and natural surroundings and in
accordance with the purposes and objectives of this Chapter. This requirement
shall not prohibit the preparation of the site plan by a professional site designer,
or the landscape plan by a professional landscape architect or certified
nurseryman.
• 30
2) Exterior Vertical Surface Design & Materials : (See Section 11.30 Subdivision
14 & 15)
•
3) Design of Garages: Garages and other accessory buildings in a multiple
dwelling complex, shall have a design similar in appearance to the main
building(s).
4) Storage Space in Multiple Dwellings: A minimum of one hundred fifty (150)
cubic feet of storage shall be provided within the multiple dwelling building for
each dwelling unit, exclusive of storage space provided within each dwelling unit.
In the R-3 District only, this storage space may be provided in a garage serving
the unit.
B. Site Design and Development Requirements: Multiple dwelling sites (R-2, R-3 and
R-4) shall be designed and developed in accord with the following:
1) Landscaping shall be in accordance with the provisions of Section 11.30
Subdivisions 16 through 24 of this ordinance.
2) Drainage: The drainage of storm waters shall be provided for either on the site
or in a public storm sewer as approved by the City Engineer.
3) Curbs: Interior curbs shall be constructed within the property to separate
driving and parking surfaces from landscaped areas. Interior curbs required by
this Section shall be Portland cement concrete construction.
4) Walkways: Surfaced walkways shall be provided from parking, loading, and
recreation areas to the entrances of buildings.
5) Surfacing: All interior driveways, parking areas, and loading areas, etc. shall be
of blacktop or concrete construction.
6) Garages: The garages shall be attached to the principal building unless
otherwise approved by the City Council. The garages shall be of the same
exterior building material as the principal building.
7) Trash Incinerators Recycling and Garbage: No exterior trash or garbage
disposal or incineration shall be permitted. Any exterior storage shall be
enclosed within a container and such container shall be completely screened by
a wall or equivalent visual screen and shall be attached to the principal structure
and be constructed of the same building material. This provision may be waived
by the City Council.
31 S
8) Lighting: On-site lighting shall be provided as is necessary for security, safety
and traffic circulation. Lighting shall not be directed upon public rights-of-way
or adjacent properties. Such illumination shall be indirect and diffused.
9) Natural Features: The site shall show due regard for all natural terrain features,
such as trees, water courses, historic areas or similar conditions.
10) Public Safety: All site and building plans for multiple dwellings will be reviewed
by the Fire and Police Departments. Plans will be reviewed by all departments
for fire warning and protection systems, public safety, vehicular access and
concerns related to public safety.
11) The site plan shall illustrate existing and proposed contours at a two (2) foot
interval.
12) Each multiple dwelling complex in a R-2, R-3 or R-4 district shall have a
minimum multiple dwelling recreation area equal to two hundred (200) square
feet for each dwelling unit. Said recreation area shall not include more than
thirty (30%) percent ponding area or slope exceeding twelve (12%) percent to
meet this requirement. The recreation area does not have to be one contiguous
area but may be several areas within the complex. Where the multiple site or
complex adjoins permanent open space, the City may modify this requirement.
• Subd. 23 Platting.
A. All land shall be platted prior to placing any permanent structure thereon.
B. Land zoned for condominiums or townhouses for sale may be platted after footings
are poured with the approval of the City.
Subd. 24 Bury Utilities.
All utilities including electrical and telephone lines shall be buried in all subdivisions unless
otherwise approved by the City Council. Utilities shall only be installed on platted property
unless otherwise approved by the City Council.
Subd. 25 Outdoor Storage in Commercial and Industrial Districts.
A. Restrictions: No outdoor storage display or sales shall be permitted except in the
Neighborhood Business (B-2), General Business (B-3), Community Shopping Center
(B-4), and Industrial District and upon the City Council's granting of a conditional use
permit.
• 32
B. Conditional Use Application: All applications for a conditional use permit for outdoor
storage shall include a detailed and scaled site plan specifying the dimensions, •
location, material and design of the storage enclosure and area.
C. Performance Standards: Outdoor storage permitted in accordance with Paragraph
A shall conform to the following standards, in addition to those standards set forth in
Section 11.40, Subd. 4 (C).
a. Outdoor storage items shall be placed within an enclosure.
b. All such enclosures shall be attached to the principal building except in the
Industrial District.
c. The enclosure shall be made of material suitable to the building and the items
to be stored.
d. The enclosure shall not encroach into any established front building setback
area or other required setbacks.
e. The enclosure shall not interfere with any pedestrian or vehicular movement.
f. The items to be stored shall not exceed the height of the enclosure.
g. The display area shall not take up required parking spaces or landscaping
areas.
h. The display area shall be surfaced with concrete or an approved equivalent to
control dust and erosion. The surface shall be properly maintained to prevent
deterioration.
i. The square footage of outdoor display areas shall be included in the calculation
of required off-street parking for the principal use of the property.
j. The outdoor storage shall only be conducted by an occupant of the principal
building.
Subd. 26 Prepared Food Outlets.
Prepared food outlets, such as drive-ins, franchise food operations and quick-stop
prepared food facilities, shall be subject to the following standards:
A. A minimum twenty-five (25) foot wide yard abutting the public right-of-way shall be
landscaped and said landscaping shall be separated from the surfaced part of the lot
by a concrete curb.
33
B. The entire site, other than the area occupied by a building, outdoor dining area or
• landscaping, shall be surfaced with concrete or asphalt.
C. The outdoor lighting system shall be so designed that no direct source of light is
visible from the public right-of-way or adjacent land.
D. When prepared food is served to the customer in a carry-out container, a proposed
system of trash containers and trash removal from the site shall be submitted to the
City for approval. Said system shall include the pick-up of papers and other material
upon and adjacent to the site. The trash screening enclosure shall be attached to the
principal building and shall be of the same exterior construction material.
E. A proposed system of ingress, egress and parking shall be submitted for approval
by the City. Curb cuts shall meet the provisions of Section 11.30 Subdivision 28Q.
G. The minimum required building setback shall relate to any canopy, weather protection
or similar feature and shall be measured to the nearest edge.
H. A minimum of six (6) stacking spaces shall be provided for each drive-in window.
I. Any outdoor eating area shall be setback a minimum of twenty-five (25) feet from any
public street right-of-way.
• Subd. 27 Commercial and Industrial Site Development.
All of the "Site Design and Development Procedures" pertaining to landscaping, drainage,
curbs, walkways, surfacing, burying utilities, trash incinerators and garbage, lighting,
natural features, public safety and existing and proposed contours shall also be required
for any development in any Business, Industrial, R.D.P. or PD District unless said
requirement is specifically removed by the Council when reviewing an application for a
building permit.
Subd. 28 Drainage and Water Quality.
A. No land shall be developed and no use shall be permitted that results in water run-off
causing flooding or erosion on adjacent property. Such run-off shall be properly
channelled into a storm drain, watercourse, ponding area or other suitable facility.
B. An approved drainage plan shall be submitted and approved for all new commercial,
industrial, multiple residential and institutional developments.
C. All plans shall comply with the provisions of the City Water Quality Management and
Storm Water Management Plans.
. 34
Pools (Outdoor).
Subd. 29 Swimming P s O
A. Fencing: A minimum four (4) to a maximum six (6) foot high, unclimbable fence,
restricting access, shall be erected around outdoor swimming pools or around the
tract of land where said pool is located. The City shall approve of the plans and
specifications for said fence prior to its erection. Said fence shall be equipped with
doors or gates which are self-latching with said latch to be located a minimum of four
(4) feet above ground level and equipped with a lock which shall be kept locked when
said pool is unattended. The bottom of the fence shall be no higher than four inches
above the ground.
No fencing shall be required for a pool which is a minimum of four (4) feet above
ground level.
B. Setbacks:
1) Swimming pools shall be set back a minimum of five (5) feet from any side and
ten (10) feet from any rear lot line as measured from the nearest edge of the
slope around the pool or perimeter walk.
2) Swimming pools shall not be permitted in the front yard or side yard in the area
between the street right-of-way line and the minimum required building setback
line.
C. Drainage: Swimming pools which raise the existing elevation more than eight (8)
inches shall be reviewed by the City which shall have the right to refuse the permit for
construction of same if, in its opinion, adjoining properties will be adversely affected
because of alteration of drainage patterns.
D. Building Permit: A building permit is required if the pool will contain over five
thousand (5,000) gallons.
Subd. 30 Special Promotions.
Special outdoor promotions in commercial zoning districts such as, but not limited to,
carnivals at shopping centers, sidewalk sales, flea market, or similar outdoor displays and
sales at shopping centers, shall only be permitted as accessory uses when approved by
the City in writing under the following conditions:
A. The promotional sales approval shall only be given to the owner of the property
business or his duly appointed representative.
B. Said approval shall be valid for a period not to exceed three (3) days. Each business
shall not be allowed more than two special promotion during any calendar year.
35 •
C. Said promotional sales shall be conducted entirely upon the shopping center property
• in a manner that will not interfere with traffic circulation or otherwise create a nuisance
or safety hazard as determined by the City.
D. Sidewalk sales shall be restricted to the area immediately adjacent to the front of the
store on the sidewalk or parking lot. Said sales or display shall permit a minimum
four-foot wide open sidewalk area in front of each store at all times for pedestrians.
E. Failure to comply with these regulations shall be sufficient reason to immediately
revoke said approval.
Subd. 31 Retail Sales in Warehouse.
Retail sales as a special event shall be permitted from warehouses in the Industrial or R.D.
Districts provided they do not exceed ten (10) days in any calendar year, are restricted
to a maximum of twenty (20%) percent of the warehouse building area and provided
adequate off-street customer parking is provided. Said retail sales shall require review
and approval of the City in writing.
Subd. 32 Outlots.
Lots platted as outlots shall be considered reserve lots and building permits shall not be
issued by the City for construction of a structure of any type in any zoning district for an
outlot except for essential utility service or municipal structures.
Subd. 33 Cemeteries.
Cemeteries for human interment and pet cemeteries shall only be developed under the
following conditions:
A. Shall be located in areas zoned Public Facilities (P).
B. Shall be a minimum of five (5) acres in area.
C. Shall be located in proximity to a collector or arterial roadway as identified in the
comprehensive plan or otherwise located so that access can be provided without
conducting significant traffic on local residential streets; direct views from all adjoining
residential parcels shall be buffered; and site and building plan subject to review by
City.
Subd. 34 Satellite Dish Antennas and Other Antenna Devices.
A. Satellite dish antennas and other antenna devices shall be subject to the following
requirements:
• 36
1) A maximum of two (2) shall be permitted for each principal building in all
Residential Districts. •
2) No advertising message shall be on the antenna structure;
3) Shall comply with setback requirements for principal structures and in no event
shall be located between the principal structure and a public street.
4) Shall be screened to minimize visual impacts on adjacent properties.
5) Antennas shall not be closer to a property line than the height of the antenna.
6) Antenna height shall be no more than fifty (50) feet as measured from the
ground upon which it is located.
B. Outdoor for sale displays shall be subject to a conditional use permit and conditions
as may be required by the City in approving the permit. Said displays shall be
restricted to the Industrial District, General Business (B-3) and Community Shopping
Center (B-4) Districts.
Subd. 35 Inadequate Municipal Facilities.
Where City staff determines that inadequate municipal facilities exist (sanitary sewer, storm
sewer, water or highway capacity) to accommodate a development, this matter shall be
referred to the City Council for resolution before a building permit is issued. In such
instances the prospective developer may propose a program to mitigate the inadequate
facilities. Where adequate municipal facilities can not be provided, the City shall not issue
a building permit as may be determined by the City Council.
Subd. 36 Steep Slopes.
Slopes in excess of eighteen (18%) percent natural grade shall not be graded, excavated,
or developed.
Slopes from twelve to eighteen (12% - 18%) percent natural grade shall only be graded,
excavated, or developed according to an approved grading plan providing for stabilization
and vegetation after grading as approved by the City.
37 •
Subd. 37 Building Setbacks on Major Thoroughfares
410 The following building setbacks shall be required along major thoroughfares. Along minor
arterials (County Roads) the Dakota Highway Department shall be consulted in
determining future requirements for right-of-way. All building setbacks shall be from the
existing or anticipated future right-of-way line, whichever is greater.
Type of Minimum Building
Thoroughfare R.O.W. Setback
Interstate Freeway Determined by 40 ft.
State
Principal Arterial Determined by 40 ft.
State
Minor Arterial Determined by 40 ft.
County
Community Collector 80 to 100 ft. 30 ft.
Neighborhood/Collector 60 to 80 ft. 30 ft.
Local Street 60 ft. 30 ft.
Subd. 38 Temporary Construction Office
P Y
A temporary construction office may be located in any district subject to notification and
written approval by the City for the type, size setback, location and duration.
Upon expiration of City approval or completion of construction which ever occurs first, the
construction office shall be removed by the applicant.
38
SECTION 11.20 USE DISTRICTS.
•
Subd. 1 Classification.
The following land use districts are hereby established under which all lands in the City
shall be classified:
A Agricultural District.
R-1 E Residential Estate District.
R-1 Residential Single District.
R-1 D Residential Two-Family District.
R-2 Residential Low Density Multiple District.
R-3 Residential Medium Density Multiple District.
R-4 Residential High Density Multiple District.
B-1 Limited Business District.
B-2 Neighborhood Business District.
B-3 General Business District.
B-4 Community Shopping Center District.
B-5 Freeway Business District.
I-1 Light Industrial District.
R-D Research and Development Park District.
P Public Facilities District.
P.D. Planned Development District.
F.D Flood Plain District. II/
S.D Shoreland District.
Subd. 2 Zoning Map.
The boundaries of the above districts are hereby established as shown on that certain
map entitled "Zoning Map of the City of Eagan, Minnesota", which map is properly
approved and filed in the office of the City Clerk, hereinafter referred to as the "Zoning
Map". Said map and all of the notations, references and other information shown thereon
shall have the same force and effect as if fully set down therein and are hereby made a
part of this Chapter by reference and incorporated herein as fully as if set forth herein at
length. It shall be the responsibility of the City Clerk to maintain the Zoning Map and
make same available to the public. Where a dispute arises over the City Clerk's
determination of the exact location of a district boundary, said dispute shall be heard by
the Board of Appeals and Adjustments for recommendation, with final determination to
be made by the Council.
39 •
Subd. 3 "A" Agricultural District Uses.
A. Purpose. The purpose of the Agricultural District is two-fold. First, it provides a
district for all types of agricultural uses. Secondly, it serves as a holding action where
property may exist in an unused or natural state until it is rezoned and developed.
B. Permitted Uses. Within any Agricultural District no structure or land shall be used
except for one or more of the following uses or uses deemed similar by the Council:
1. All types of agricultural pursuits and accessory farm structures.
2. Stands for the sale of agricultural products provided said products are raised on
the premises.
3. One-family detached dwelling.
C. Conditional Uses. Within any Agricultural District no structure or land shall be used
for the following uses or uses deemed similar by the Council except by a conditional
use permit:
1. Any conditional use in the "R-1" District as regulated therein.
2. Riding stables, boarding stables, or dog kennels subject to the requirements of
Section 6.38 and 6.41 of the City Code.
3. Commercial storage in existing structures. No new structures constructed for
commercial storage shall be permitted.
D. Accessory Uses. Within any Agricultural "A" District, any accessory use permitted in
an "R-1" District shall be permitted.
Subd. 4 Residential District Uses.
A. Purpose.
1. R-1 E (Estate). The purpose for the R-1 E (estate) District is to provide a district
for larger and potentially more expensive single-family detached dwellings on
larger lots consistent with Comprehensive Plan and compatible with the
character of the area.
2. R-1. The purpose for the R-1 District is to provide a district for single- family
detached dwellings where such development is consistent with Comprehensive
Plan and compatible with the surrounding land use characteristics of the area.
• 40
3. R-1 D (Double). The purpose of the R-1 D District is to provide a district for two
family dwellings in those areas where such development is consistent with
Comprehensive Plan and compatible with the surrounding land use characteris-
tics of the area.
4. R-2, R-3, and R-4. The purpose of the R-2, R-3, and R-4 Districts are to provide
multiple dwellings at varied densities consistent with the Comprehensive Plan
and compatible with the surrounding land use characteristics of the area.
B. Permitted Uses. Within any Residential District, no structure or land shall be used
except for one or more of the following use or uses deemed similar by the Council:
1. R-1 E and R-1 Districts - one family detached dwellings only.
2. R-1 D Districts - two family dwellings only.
3. R-2 Districts -multiple dwellings only to a maximum density of eighty-seven
hundred (8,700) square feet of net land area per unit.
4. R-3 Districts -Multiple dwellings only to a maximum density of fifty-eight hundred
(5,800) square feet of land area per unit.
5. R-4 Districts -Multiple dwellings only to a maximum density of twenty-eight
hundred (2,800) square feet of land area per unit.
6. Home occupations (see definition).
C. Conditional Uses. Within any Residential District, no structure or land shall be used
for the following use or uses deemed similar by the Council except by conditional use
permit:
1. Golf courses and country clubs.
D. Permitted Accessory Uses. Within any Residential District, no structure or land or use
of land shall be permitted except for one or more of the following use or uses
deemed similar by the Council:
1. Private garages and parking space.
2. Private swimming pool, tennis court, recreation building or tot-lot.
3. Buildings temporarily located for purposes of construction on the premises for
a period of not to exceed time necessary for such construction.
41
4. Gardening and other horticultural uses where no sale of products is conducted
• on the premises.
5. Day Care facility for a maximum of ten (10) children.
6. Decorative landscape features.
7. The keeping of domestic animals (household) for non-commercial purposes, for
the use of the occupants of the premises not to exceed four (4) animals.
8. Solar equipment meeting the minimum required setbacks of the principal
structure.
9. Satellite dish antennas and other antenna devices subject to the requirements
of Section 11.10 Subdivision 34.
10. Storage shed not in excess of 150 sq. ft. located in the rear yard of the R- 1E,
R-1 or R-1 D districts only.
11. Public utility structures shall not exceed thirty-five (35') feet in height except
municipal water reservoirs.
Subd. 5 Residential & Agricultural Requirements.
10 A. Minimum Area, Setback, Height and Coverage Requirements. The following chart
shall establish the minimum lot area, lot width, building setback and maximum height
and coverage requirements for Agricultural, Estate and Residential Districts. Where
a conflict may arise between the minimum requirements of this Section and those
contained in the General Provision Section 11.10, Subdivision 6, Subparagraph C, the
greater requirement shall be required.
1110 42
A. Minimum & Maximum Lot Area, Width, Setback, Height & Coverage Requirement
0
REQUIREMENT A R-1E R-1 R-1D R-2 R-3 R-4
Minimum Building Setback
Principal, or Minor Arterial See Section 11.10 Subdivision 39 for all Districts
From the public right-of-way 30 ft. 30 ft. 30 ft. 30 ft. 30 ft. 30 ft. 50 ft.
Side Lot Line 10 ft. 10 ft. 10 ft. 10 ft. 20 ft. 20 ft. 30 ft.
Accessory Side Lot Line 10 ft. 10 ft. 5 ft. 5 ft. 10 ft. 20 ft. 20 ft.
Rear Lot Line 30 ft. 30 ft. 30 ft. 30 ft. 30 ft. 30 ft. 30 ft.
Minimum Parking Setback
From the public right-of-way 20 ft. 20 ft. 20 ft. 20 ft. 25 ft. 25 ft. 25 ft.
Side or Rear Lot Line 10 ft. 5 ft. 5 ft. 5 ft. 15 ft. 15 ft. 15 ft.
Adjacent to Business or Industrial 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. 5 ft.
District
** ***
Minimum Lot Area 10 acre 15,000 12,000 15,000 8,700 5,800 2,800
sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. sq. ft.
7,500
sq. ft.
III
Minimum Lot Width 300 ft. 100 ft. 85 ft.* 100 ft. 100 ft. 100 ft. 100 ft.
Maximum Impervious Surface - - - - 50% 50% 50%
Minimum Open Space - - - - 40% 40% 40%
Maximum Building Coverage 20% 20% 20% 20% - - -
Maximum Building Height 2 1 2 1 2 1 2 1 35 ft. 35 ft. 35 ft.
Story Story Story
* 100 ft. on corner lot.
** 14,000 square feet minimum area for a corner lot.
*** 7,500 square feet per unit.
B. Matrix for Minimum Sideyard Setbacks for Garages
The side yard setbacks for garages which enter from the side shall require a minimum three (3) foot
side yard setback for driveways and a turning radius of twenty-six (26) feet. All maneuvering shall be
on the subject lot and shall be subject to City review and approval when the building permits is issued.
43 •
C. Unbuildable Area as Lot Area.
In determining the minimum or maximum required lot areas or coverages in a Residential
g q
District, ponding areas, steep slopes (over 12%), or similar unbuildable areas shall not
comprise more than ten percent (10%) of the total required site area.
D. Additional Height: Additional height may be permitted in the R-3 and R-4 districts
under the provisions of Subdivision 8C of this Section.
Subd. 6 Business Districts Descriptions.
A. B-1 Limited Business District. These are areas that are particularly exposed to
residential neighborhoods and are thus suitable to those businesses compatible with
nearby residential use (offices, clinics and the like).
B. B-2 Neighborhood Business District. These are small business areas located near
residential neighborhoods to serve the daily retail need of adjoining residents.
C. B-3 General Business District. These areas are designed for heavy uses and those
businesses which tend to serve other businesses and industry, as well as residents.
These uses can be incompatible with residential development, therefore, businesses
in this zoning classification are concentrated and buffered as much as possible from
residential areas.
• D. B-4 Communi ty Shopping Sho in Center. These are areas located in the center of several
residential neighborhoods to serve the weekly or monthly needs of adjoining residents
to a sub-region which may extend beyond the boundaries of the City.
E. B-5 Freeway Business District. These are areas with good access located and
developed primarily to serve the transient population attracted by the Interstate or
State Highway System.
• 44
Subd. 7 Business District Uses.
•
A. Within any Business District, no structure or land shall be used except for one or
1 more of the following permitted "P", conditional "C", or accessory "A" uses or uses
deemed similar by the Council:
BUSINESS DISTRICTS
BUSINESS USES B-1 B-2 B-3 B-4 B-5
Antennas:
Satellite Dish Receivers A A A A A
Auto:
Gasoline Sales - P P P P
Minor Repair, Service - P P P P
Major Repair, Auto Body, Upholstery - - C - -
Wash - P P P P
Sales, New & Used Indoors - - P P -
Sales, New & Used Outdoor - - C C -
Rental - - P P A
Animal:
III
Small Clinic - P P P -
Large Clinic - - P - -
Indoor Kennels - P P P -
Outdoor Kennels - - C - -
Incineration - P P P -
Bus Terminals:
Passenger Pickup Only - P P P P
With Storage and Repair - - C - -
Banks and Savings & Loans:
Building Only P P P P P
Drive-up Service P P P P P
Billboards: - - P - -
Clinics: Human Care P P P P -
Clubs and Lodges:
Private - P P P -
Public - P P P -
45 •
ICI
• BUSINESS DISTRICTS
BUSINESS USES B-1 B-2 B-3 B-4 B-5
Commercial Recreation:
Indoor - P P P -
Outdoor, Archery, Pistol - - C - -
Outdoor, Motorcross, Golf, Waterslide - - C C -
Contractors Facility: - - P P -
Indoor
Outdoor Storage - - C - -
Community Centers: P P P P -
Athletic Clubs:
Indoor - P P P P
Outdoor - C P C -
Convention Halls: - - P P P
Cafeterias: Class 1 - P P P P
Day Care Center: P P P P -
.. Dry Clean & Laundry Service: - P P P A
• Dry Clean & Laundry Non-Service - - P - -
Drive-In Window:
Fast Food, Liquor - P P P -
Equipment Rental:
Indoor - - P P -
Outdoor Storage - - C - -
Fast Food Restaurant: Class II - P P P -
Greenhouse & Nursery:
Indoor Only - P P P -
Outdoor Sales Or Storage - - C C -
Floral Shop: - P P P -
Grocery: - P P P -
Heliports: - - P P P
Laboratories:
Medical, Dental, Research, Indoor - P P P P
• 46
BUSINESS DISTRICTS
0
BUSINESS USES B-1 B-2 B-3 B-4 B-5
Outdoor - - C - -
Liquor:
Off-sale1 - P/C P P -
On-sale, Including Beer & Wine 1 - P/C P P P
Non-intoxicating malt liquor (on & off sale) - P P P P
Manufacturing:
Primary Use - - - - -
Incidental to Primary Use - - P P -
Lottery Ticket Sale:
Indoor - P P P -
Drive-up - P P P -
Marine:
Indoor Sales and Supply - - P P -
Outdoor Sales or Storage - - C C -
Nursing Homes: P P P P -
Meat Sales (Retail): - P - P -
•
Motel, Hotel or Apt. Hotel: - - P P P
Open Sale Lots:
Garden Supply - - C C -
Plumbing, Heating & Electric:
Indoor Sales or Showroom - - P P -
Outdoor Sales - - C - -
Offices:
Administration, Professional, Medical & Government P P P P P
Personal Service:
Barber, Beauty, Tanning A P P P A
Printing:
Small Scale/Public Retail Service - P P P -
Parking:
Serving Permitted Use A A A A A
1 Conditional Use Permit is required when located within 350 ft. of a residential district.
47 •
• BUSINESS DISTRICTS
BUSINESS USES B-1 B-2 B-3 B-4 B-5
Fee, Storage or Rental - - C C -
Ramp - - A A A
Pawn Shop - - P P -
Storage:
Private Compartments - - P - -
Outdoor Lots - - C - -
Saunas: - - C - -
Sports Arena: - - C C -
Studios:
Dance, Art, Music, Aerobics P P P P -
Museums: Indoor - - P P -
Video:
Amusement Devices - Indoor - A P P -
Religious Schools: P P P P -
Residential use for Security Only: - - A - -
• Repair:
Small Engine, Bicycle, Lawn Mowers, Etc. - - P P -
Vending Machines: A A A A A
Restaurant: Class I - P P P P
Trade Schools: P P P P -
_
Travel Service: P P P P P
Truck Sales & Service:
Indoor - - P P -
Outdoor - - C - -
Truckstop: - - C - -
Transit Stations:
Passenger Pickup Only P P P P P
Storage or Service - - C - -
Stone & Monument Sales: Indoor - - P P -
Stone & Monument Sales: Outdoor - - C - -
Mortuary: P P P P -
• 48
BUSINESS DISTRICTS
•
BUSINESS USES
B-1 B-2 B-3 B-4 B-5
Retail Sales:
Over the counter sales of prescription drugs, sporting - P A P A*
goods, apparel, gifts, cameras, jewelry, housewares, art,
supplies, locksmith, magazines, ice cream, candy, bak-
ery, hobby, framing, paper products, paint, wallpaper,
furniture, variety store, tobacco, shoes, records & cas-
settes, T.V. & stereo, auto supplies, and appliances.
Wholesale Club/Discount Stores: - - - P -
Postal Service:
Small Personal Service - P P P -
Government - P - P -
Bingo Parlor: -
Movie Theater: Indoor -
Catalogue Stores: -
Flea Market: -
Sidewalk Sales: 3 day limit (see Sec. 11.10 Subdivision - A A A -
30)
Lumberyard: •
Indoor - P P P -
Outdoor Sales & Storage - - C - -
* In Office, Hotel or Motel only.
B. Additional Requirements for Permitted and Conditional Uses in Business within any
Business District. The following requirements shall be met:
1. Amusement devices shall not exceed three machines at one license and shall
not be located within 200 feet of another licensed location in B-1, B-3, and B-5
Districts. For this purpose the outside wall of the licensed locations shall be
used in the measurement of the distance between locations. Amusement
devices exceeding three machines may be permitted by the Council in the B-4
and B-2 Districts by issuance of a Conditional Use Permit.
2. Retail Shopping Centers and any development in the B-5 District shall only be
permitted where:
49 •
(a) An overall plan is submitted and approved by the City before construction
• is commenced.
(b) Initial construction in the B-2, B-4 and B-5 District shall provide a designated
minimum five (5) acre area to insure that the center development will be of
a scale consistent with the intended purpose of the district.
3. "Temporary Beer" license shall be a permitted use in all zoning districts subject
to the provisions of City Code, Chapter 5.
C. Additional Accessory Uses.
In addition to those accessory uses listed in Section 11.20, Subdivision 7, the following
shall be permitted:
1. Off-street parking and loading spaces, as regulated by this Chapter.
2. Buildings(s) temporarily located for purposes of construction on the premises
for a period of not to exceed time necessary to complete said construction and
in no instance exceeding two (2) years.
3. Receive only satellite dish antennas and other antenna devices as regulated by
this Chapter.
4. Public newspaper tele hone booths, vending machines, transit service stations
P 9
and benches as regulated by this Chapter, provided a traffic hazard is not
created and pedestrian traffic is not obstructed.
5. Exterior business and advertising signs as regulated by this Chapter.
6. Private garages with an office building use.
7. Promotion sales as regulated by Section 11.10 Subdivision 30.
8. Transient sales as regulated by Section 11.10 Subdivision 15H.
Subd. 8 Business District Requirements.
A. The Business District Area, Setback Floor Area, Openspace, Impervious Surface and
Height Requirements. The following chart shall establish the requirements for
Business Districts. Where a conflict may arise between the minimum requirements
of this Section and those contained in the General Provision Section 11.10,
Subdivision, 6, Subparagraph C, or other provisions of this Chapter, the greater
requirement shall be required:
50
REQUIREMENT B-1 B-2 B-3 B-4 B-5 •
MINIMUM BUILDING SETBACK SEE SECTION 11.10 SUBDIVISION 37 FOR
Principal Arterial, Minor Arterial ALL BUSINESS DISTRICTS
From Public Right-of-Way 30 feet 30 feet 30 feet 30 feet 30 feet
Side Lot Line: 10 feet 10 feet 10 feet 10 feet 10 feet
Rear Lot Line: 10 feet 10 feet 10 feet 10 feet 10 feet
Adjacent to Residential or Agricultural Dis- 30 feet 30 feet 50 feet 50 feet 50 feet
trict:
MINIMUM PARKING SETBACK:
From Public Right-of-Way 25 feet 25 feet 25 feet 25 feet 25 feet
Side or Rear Lot Line: 5 feet 5 feet 5 feet 5 feet 5 feet
Adjacent to Residential or Agricultural* Dis- 20 feet 50 feet 50 feet 50 feet 50 feet
trict:
MINIMUM LOT AREA: ** 30,000 30,000 30,000 1 acre 1 acre
sq. ft. sq. ft. sq. ft.
MINIMUM LOT WIDTH: 100 ft. 100 ft. 100 ft. 100 ft. 100 ft.
MAXIMUM IMPERVIOUS SURFACE: 70 % 75 % 75 % 75 % 70 %
40
MAXIMUM BUILDING HEIGHT_ 25 ft. 35 ft. 35 ft. 35 ft. 35 ft.
(see paragraph Sub 8C)
* For the Agricultural District, only those areas designated for residential use on the City
Comprehensive Plan shall be required to meet the setbacks as shown.
** Unbuildable Areas as Lot Area: In determining the minimum or maximum required
lot areas or coverages in a Business District, ponding areas, steep slopes, or similar
unbuildable areas shall not comprise more than ten percent (10 %) of the total
required site area.
B. Minimum Building Setback: Where a trail easement may exist along a public right-of-
way, in lieu of dedicated right-of-way, the minimum required building set back shall
be twenty-five (25) feet from the trail easement or the minimum required building
setback, as measured from the public right-of-way, which ever is greater.
51 •
C. Additional Building Height: In the B-4 and B-5 Districts additional height over the
maximum thirty five (35) feet may be granted by the City Council in reviewing
proposed site and building plans where it is found that:
i) additional height will not adversely affect the surrounding area.
ii) additional setbacks for the building will be provided.
iii) adequate five protection will be provided.
Subd. 9 Industrial Districts Description.
A. I - Industrial District. These are areas for lighter industrial uses with some degree of
amenity to meet the needs of modern industrial development.
B. R-D Research and Development. These are areas for research and development and
limited industrial structures and operations which are designed to be compatible with
the predominantly residential character of surrounding areas. These areas are
developed with a high-degree of amenity and open space to create a campus or
park-like environment.
Subd. 10 Industrial District Uses.
A. Within any Industrial District, no structure or land shall be used except for one or
Y � p
more of the following uses or uses deemed similar by the Council.
•
INDUSTRIAL DISTRICTS 1 R - D
Antennas:
Antenna Devices A A
Windmills C -
Satellite Dish Receivers A A
Satellite Dish Transmitters C -
Acid Manufacturer: C -
Activity Emitting Smoke Darker Than #3: C -
Animal:
Small Clinic P -
Large Clinic P -
Indoor Kennels P -
Outdoor Kennels C -
52
INDUSTRIAL DISTRICTS I R - D
•
Incineration P -
Agriculture - Crops Only: P P
Amusement Devices - Maximum 3 Machines: P -
Armory: P -
Athletic Clubs: P -
Auction Facilities: C -
Auto Painting: P -
Auto/Parts Storage:
Indoor P -
Outdoor C -
Auto/Bus/Truck Repair: Indoor P -
Auto/Bus/Truck Service: P -
Auto Wrecking: C -
Batteries (Wet Cell) MCAPTS P -
Bottling Works: P -
Brewing, MCAPTS P -
Brick, MCAPTS P -
Bus Terminals-Passenger Pick-up Only P P
Billboards (See Sign Ordinance):
Car/Truck Wash: P A
Ceramic Products: P -
Cloth, MCAPTS P -
Clubs and Lodges: P
Commercial Recreation:
Indoor P -
Outdoor C -
Contractors:
Indoor P -
53 •
INDUSTRIAL DISTRICTS I R - D
Outdoor Yard or Storage C -
Community Center: P -
Convention Halls: P -
Coal/Tar/Asphalt Distillation, MCAPTS C -
Concrete: C -
Construction, Temporary On-site: A A
Construction Materials:
Sales, Service - Indoor P -
Sales, Service - Outdoor C -
Outdoor Storage C -
Cafeterias: A A
Dwelling, Security Apartment: A A
Dry Clean & Laundry - No Retail Sales: P• Equipment Rental:
Indoor P -
Outdoor Storage C -
Fertilizer: C -
Fuel Storage:
For Exclusive Use by Owner P P
Wholesale C -
Propane Tank Fill & Sales P -
Retail Gasoline Sales C -
Natural Gas Storage P -
Glass, MCAPTS P -
Glue, MCAPTS P -
Greenhouse & Nursery - Wholesale Only:1 P -
1A maximum of five (5%) percent of the total building area may be used for retail sale.
411 54
INDUSTRIAL DISTRICTS I R - D
•
Heliport: C C
Ice/Cold Storage: P V -
Incineration: C -
Junk Yard, Indoor Only: P -
Kilns: P -
Liquor, Warehouse - No Retail Sales: P -
Laboratories:
Research and Development P P
Outdoor Testing C -
Lime, MCAPTS P -
Machine & Welding Shops: P -
Manufacturing, Light - Indoor Only: P P
Meat Packing - Indoor Only: P -
Metal Polishing: P -
•
Metal Platting: C -
Marine:
Repair - Indoor P -
Indoor Storage P -
Outdoor Storage C -
Off ices, General: P P
Paint (Pigment Mfg.), MCAPTS P -
Paper Products: P -
Parking, Contractual: C -
Parking Ramp A A
Plaster Paris, MCAPTS: P -
Plastic, MCAPTS: P -
Personal Service: A A
55 •
• INDUSTRIAL DISTRICTS I R - D
Printing & Publishing: P A
Refuse & Garbage Disposal:
Generated on Site A A
Recycling Center - Indoor P -
Recycling Center - Outdoor C -
Hazardous Waste - Indoor P -
Hazardous Waste - Outdoor C -
Restaurant: A A
Retail Sales:
Over-the-Counter to Maximum of Ten (10%) P -
Percent of Gross Floor Area in Multi-Tenant or
single tenant building.
Terminals:
Bus, Truck & Freight P -
Stone and Monument Sales and Display:
Indoor P -
Outdoor C -
Storage:
Compartment/Self Storage P -
Attendant Apartment C -
Wholesale or Warehouse Showrooms: A -
Wholesale or Warehouse Outdoor C -
Storage/Display:
B. Additional Requirements for Permitted and Conditional Uses in Industrial Districts.
Within any Industrial District the following requirements shall be met before a use is
permitted:
1) Amusement devices shall not exceed three (3) machines at one licensed
location and shall not be located within 200 feet of another licensed location.
For this purpose the outside wall of each licensed location shall be used in the
measurement of the distance between locations.
56
2) Outdoor display or sales shall only be permitted by the occupant of the principal
building related thereto.
3) All outdoor storage shall be setback a minimum of 200 ft. from any Residential
District as measured to nearest property line.
4) All outdoor storage shall be located in the rear yard and be subject to provisions
of Section 11.10 Subdivision 25.
5) Retail sales in warehouse subject to requirements of Section 11.10 Subdivision
31.
C. Additional Accessory Uses. In addition to those accessory uses listed in Section
11.20 Subdivision 10, the following shall be permitted:
1) Private garages, off-street parking and loading spaces, as regulated by this
Chapter.
2) Building(s) temporarily located for purpose of construction on the premises for
a period of not to exceed time necessary to complete said construction.
3) Public telephone booths, newspaper vending machines, ice machines, transit
service stations and benches as regulated by this Chapter provided a traffic
hazard is not created and pedestrian traffic is not obstructed.
4) Exterior business and advertising signs as regulated by this Chapter.
5) Surface parking in conjunction with a principal use.
Subd. 11 Industrial District Requirements.
A. The Area, Setback, Open Space, Impervious Surface and Height Requirements. The
following chart shall establish the requirements for Industrial Districts. Where a
conflict may arise between the minimum requirements of this Section and those
contained in the General Provision Section 11-10, the greater requirement shall be
required.
57 •
REQUIREMENT INDUSTRIAL DISTRICTS
R-D
MINIMUM BUILDING SETBACK
Principal Arterial or Minor Arterial See Section 11.10
Subdivision 37
From the public Right-of-Way 40 ft. 60 ft.
Side Lot Line 20 ft. 50 ft.
Rear Lot Line 20 ft. 50 ft.
Directly Abutting to Residential, 50 ft. 100 ft.
Agricultural, or Public District
or Land Use Designation for same
MINIMUM PARKING SETBACK
Along Public Street 25 ft. 25 ft.
Side or Rear Lot Line 10 ft. 25 ft.
Directly Abutting to Residential, Agricultural, 50 ft. 50 ft.
or Public District or Land Use Designation for same
MINIMUM LOT AREA 30,000 5 acres
sq. ft. initial
develop-
• ment
MINIMUM LOT WIDTH 100 ft. 300 ft.
MAXIMUM BUILDING COVERAGE 35% -
MINIMUM OPEN SPACE - 50%
MAXIMUM BUILDING HEIGHT 45 ft. 45 ft.
B. Unbuildable Area as Lot Area. In determining the minimum or maximum lot are or
coverages in a District, ponding areas, steep slopes, or similar unbuildable areas shall
not comprise more than ten percent (10%) of the total required site area.
C. Additional Height. In the Industrial Districts (I.& R.D.), the maximum building height
may be increased by the Council subject to review and any conditions related thereto
as provided in Subdivision 8C of this Section.
Subd. 12 "P" Public Facilities District.
A. Permitted Uses. Within any Public Facilities District, no structure or land shall be used
except for one or more of the following uses or uses deemed similar by the Council:
58
1. Public structures, parks, community centers, playgrounds, camping grounds,
swimming pools, tennis courts, golf courses, churches, schools and hospitals.
2. Cemeteries for humans or pets on a minimum ten (10) acre site.
B . Conditional Uses. Within any Public Facilities District no structure or land shall be
used for the following uses or uses deemed similar by the City except by a
conditional use permit:
On-sale beer and/or liquor in conformity with City Code Chapter 5.
C . Developments within a Public Facilities District shall meet the following requirements:
1. Setbacks & Height: Principal building, accessory building and parking lot
setbacks shall be the same as those required for the Limited Business District
(B-1).
2. Prior to construction or alteration of the property, a building and/or grading
permit approval by the Council shall be required.
3. Parking areas commensurate with the type of and use of any public facility shall
be required which shall be determined by the Council unless otherwise required
by this ordinance.
4. Public utility structures and equipment, even though owned by profit making 40
enterprises, shall be permitted where the location thereof is necessarily restricted
by virtue of operation or utility. Said structures shall be architecturally designed
and/ or properly screened and shall not be detrimental to the character of the
area in which they are located. Approval of the site and building plans by the
Council, shall be required.
Subd. 13 PD Planned Development District.
A. Purpose and Intent. This is supplementary to all other zoning districts contained in
this Chapter, the purpose of which is to encourage, under appropriate circumstances,
a more creative, varied and efficient use of land in the City. Where such supplemen-
tary zoning is approved, it shall be deemed supplementary and superimposed over
the basic zoning of the property under consideration. Where a conflict may arise
between the requirements of the supplementary and basic zoning,those requirements
related to the supplementary zoning shall prevail. It is not a requirement to have a
basic zoning district where a PD District exists. This is determined by the Council.
B. Determination. In considering any petition for such district, the Planning Commission
and the Council in the interests of carrying out the intent and purpose of this
Subdivision, shall determine whether or not such planned development will: 1) better
59 411
adapt itself to its physical and aesthetic setting and that of surrounding lands than
• does development of the underlying zoning district: 2) be feasible for the owner and
developer economically to complete according to proposed plans; and, 3) benefit the
community at large to a greater degree than would development of the underlying
zoning district.
C. Procedure. All petitions for a planned development shall be processed in accordance
with applications for zoning under this Chapter, building permits under City Code
Chapter 4 and subdivisions under City Code Chapter 13, and all other applicable City
Code provisions. In addition, the applicant shall be required to submit all such further
data, drawings, exhibits, plans, specifications,time projections for development of the
district, financial information and any other materials that the Planning Commission
and/or the Council shall deem necessary and appropriate to a consideration of any
planned development petition. Initially such petition shall be in the form of a
"preliminary plan" as outlined in Subdivision 6, Subparagraph B of Section 11.40.
Upon approval being granted by the Council and prior to any construction, the
applicant shall be required to submit "final plans" as described in Subdivision 6,
Subparagraph D of Section 11.40.
D. Planned Development Agreement. As a part of the approval of the "preliminary plan",
a "Planned Development Agreement" shall be approved by the Council as described
in Subdivision 6, Subparagraph C of Section 11.40.
4110 E. Annual Review and Termination. The Council, or by direction, the Planning
Commission, shall review annually after approval of a "preliminary plan", the progress
of each planned development to determine whether or not the applicant has
substantially complied with the planned development agreement, and shall make note
thereof in the minutes at a regular meeting. If the applicant has failed to comply with
the planned development agreement, the Council may, in its sole discretion, remove
the superimposed planned development zoning by resolution, after a duly advertised
public hearing, and the land area within the planned development shall automatically
revert to its prior basic zoning classification. Where a basic zoning classification does
not exist or where it is determined to be inappropriate, the Council shall establish the
zoning district.
Subd. 14 Flood Plain District (F.D.).
A. Findings of Fact and Purpose:
1. A portion of the lands within the regulating jurisdiction of the City is subject to
p tY subject
flooding by overflow of rivers and other watercourses causing a hazard
to life and property, disruption of commerce and governmental services and the
interruption of transportation and communications, a;l of which are found by the
60
Council to be detrimental to the health, safety, welfare and property of residents
of the City.
•
2. It is the purpose of this Section to promote the public health, safety, and general
welfare by minimizing the losses described in Subparagraph A above.
B. Statutory Authorization: The Legislature of the State of Minnesota has, in Minnesota
Statutes Chapters 104 and Chapter 394, delegated the authority to local governmental
units to adopt regulations designed to minimize flood losses. Minnesota Statute
Chapter 104 further stipulates that communities subject to recurrent flooding must
participate and maintain eligibility in the National Flood Insurance program.
C. Statement of Purpose: The purpose of this Subdivision is to maintain the City's
eligibility in the National Flood Insurance Program and to minimize potential loss due
to periodic flooding including loss of life, loss of property, health and safety hazards,
disruption of commerce and governmental services, extraordinary public expenditures
base, all of which adversely effect the public health, safety and general welfare.
D. Warning of Disclaimer of Liability: This Ordinance does not imply that areas outside
of the flood plain district or land uses permitted within such districts will be free from
flooding and flood damages. This Ordinance 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 Ordinance or any administrative decisions lawfully made thereunder.
•
The following terms, as used in this Section, shall have the meanings
E. Definition: g g
stated:
1. Regulatory Floor Protection Elevation - A point not less than one foot above the
water surface profile associated with the regional flood plus and increases in the
flood heights attributable to encroachments on the flood plain. It is the elevation
to which uses regulated by this Section are required to be elevated or flood
proofed.
F. General Provisions:
1. Adoption of Flood Insurance Rate Maps. The Flood Insurance Rate Maps for
the City of Eagan, Minnesota, dated August 11, 1978, developed by the Federal
Emergency Management Agency is hereby adopted by reference as the Official
Flood Plain Zoning District Map and made a part of this Section (Ref: Flood
Zone C 270103001B and 270102002B).
2. Lands to Which Flood Plain Regulations Apply: Ordinance Regulations in this
section shall apply to all lands designated as flood plain within the zoning
jurisdiction of the City.
61 1
3. Map Interpretation: boundaries of the Flood Plain District shall be deter-
• mined by scaling scalin distances on the Official Flood Plain Zoning District Map.
Where interpretation is needed as to the exact location of the boundaries of the
Flood Plain District, the City Zoning Administrator shall make the necessary
(100-year) f
interpretations based on elevations on the regional 100 ear flood profile, if
p � Y ) p
available. If 100-year flood elevations are not available, the City shall:
a. Require a flood plain elevation consistent with paragraph H of this
Subdivision to determine a 100-year elevation for this site; or
b. Base its decision on available hydraulic/hydrologic or site elevation survey
data which demonstrates the likelihood the site within or outside of the flood
plain.
4. Relationship to Other Zoning Regulations: The flood plain zoning district shall be
considered an overlay zoning district to all existing land use regulations of the
City. The uses permitted in Paragraph G of this Subdivision shall be permitted
only if not prohibited by any established, underlying zoning district. The
requirements of this Subdivision shall apply in addition to other legally
established regulations of the City and where the flood plain regulations
contained in this Subdivision impose greater restriction, the provisions of the
flood plain regulation shall apply.
5. Compliance: No new structure or land shall hereafter be used and no structure
shall be located, extended, converted, or structurally altered without full
compliance with the terms of this Subdivision. Within the Floodway and Flood
Fringe areas, all used not listed as a permitted use or a conditional use in
Paragraph G shall be prohibited. In addition:
a) New manufactured homes, replacement manufactured homes and certain
travel trailers and travel vehicles are subject to the general provisions of the
Zoning Chapter and specifically, Paragraph G and J of this Subdivision.
b) Modifications, additions, structural alterations or repair after damage to
existing nonconforming structures and nonconforming uses of structures
or land are regulated by the general provisions of this Subdivision; and
c) as-build elevations for elevated structures must be certified by ground
surveys as stated in Subdivision 5 of this Section.
6. Abrogation and Greater Restrictions. It is not intended by this Section to repeal,
abrogate, or impair any existing easements, covenants or deed restrictions.
However, where this Section imposes greater restrictions, the provisions of this
Section shall prevail.
62
G. Flood Plain District (F.P): •
land which does not involve a structure, an addition
1. Permitted Uses: Any use of a d ,
to the outside dimensions to an existing structure or an obstruction to flood
flows such as a fill, excavation, or storage of materials or equipment.
a) Roads, bridges and associated fill, subject to meeting minimum State
standards set by the DNR and MnDot.
b) Any use of land which does not involve a structure, an addition to the
outside dimensions to an existing structure or an obstruction to flood flows
such as fill, excavation, or storage of materials or equipment.
c) Agricultural uses not involving a structure such as general farming, pasture,
grazing, outdoor plant nurseries, horticulture, viticulture, truck farming,
forestry, sod farming, and wild crop harvesting.
d) Private and public recreational uses that do not involve a structure such as
tennis courts, picnic grounds, boat launching ramps, swimming areas,
parks, wildlife and nature preserves, game farms, fish hatcheries, hunting
and fishing areas, hiking and horseback riding trails.
e) Residential uses such as lawns, gardens, parking areas and play areas.
f) Loading areas and parking areas.
2. Conditional Uses: Any use of land involving the construction of new buildings or
obstructions such as fill or storage of materials or equipment, provided these
activities are located in the Flood Fringe portion of the Flood Plain and are
properly elevated.
a) Storage of equipment and materials.
b) Gravel mining and other earth material extraction operations.
c) Clean earth fill to elevate newly constructed buildings in the flood fringe
area above the 100-year elevation.
d) Clean earth fill to elevated existing buildings in the flood fringe above the
100-year flood elevation.
3. Prohibited Uses: The following uses shall be strictly prohibited in the Flood Plain
District (F.P.):
a) The placement of new or used building structures in the floodway, including
new residences. New residential subdivisions are also prohibited in the
Flood Plain (F.P.) District.
b) Travel trailer or travel vehicle parks or campgrounds shall not be permitted
in the Flood Plain (F.P.) District.
c) Manufactured homes shall not be permitted in the Flood Plain (F.P.) District.
4. Standards for Flood Plain Uses: The following standards shall be met for any
use in the Flood Plain (F.P.) District:
a) Storage of Materials and Equipment:
63 •
I
i) The storage or processing of materials that are, in time of flooding,
flammable, explosive, or potentially injurious to human, animal, or plant
life is prohibited.
ii) Storage of other materials or equipment may be allowed if readily
removable from the area within the time available after a flood warning
or if placed on fill to the Regulatory Flood Protection Elevation.
b) Obstructions: No use shall be permitted or issued a Conditional Use Permit
which will adversely effect the capacity of the channels or floodways of any
tributary to the main stream, or of any drainage ditch, or any other drainage
facility or system, unless it is a flood control or conservation project
approved by the DNR and the County SWCD.
c) Vehicular Access: Uses that do not have vehicular access at or above an
elevation not more than two feet below the Regulatory Flood Protection
Elevation to lands outside of the flood plain shall not be permitted unless
granted a variance by the Council. In granting a variance the Council shall
specify limitations on the period of use or occupancy of the use and only
after determining that adequate flood warning time and local emergency
response and recovery procedures exist. Vehicular access to agricultural
lands for purposes of working the farmland shall be exempted from these
provisions.
411 d) Parking Lots and Public Access: Accessory land uses, such as railroad
yards, public access and parking lots may be at elevations lower than the
Regulatory Flood Protection Elevation. However, a Conditional Use Permit
for such facilities to be used by the employees or the general public shall
not be granted in the absence of a flood warning system that provides
adequate time for evacuation if the area would be inundated to a depth
greater than two feet or be subject to flood velocities greater than four feet
per second upon occurrence of the regional flood.
e) On-Site Sewage Treatment and Water Supply Systems: Where public
utilities are not provided: 1) On-site water supply systems must be designed
to minimize or eliminate infiltration of flood waters into the systems; and 2)
new or replacement on-site sewage treatment systems must contain check
valves or other devices 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
(Rule 7080) shall be determined to be in compliance with this Section.
64
f) Manufactured Homes: All manufactured homes must be securely anchored
to an adequately anchored foundation system that resists flotation, collapse •
and lateral movement. Methods of anchoring may include, but are not to
be limited to, use of the over-the-top or frame ties to ground anchors. This
requirement is in addition to applicable state or local anchoring require-
ments for resisting wind forces.
g) Utilities, Railroads, Roads and Bridges: All utilities and transportation
facilities, including railroad tracks, roads and bridges, shall be constructed
in accordance with state flood plain management standards contained in
Minnesota Rules 1983 Parts 6120.5000 to 6120.6200.
•
65 •
H. Flood Plain Evaluation Procedure
• 1) Site Evaluation: Upon receipt of an application for a Conditional Use Permit,
variance, or subdivision approval within the Flood Plain District, the Zoning
Administrator shall require the applicant to furnish sufficient site development
plans and a hydrologic/hydraulic analysis by a certified engineer, hydrologist,
or other qualified person, specifying the nature of the development and whether
the proposed use is located in the Floodway or Flood Fringe and the Regulatory
Flood Protection Elevation for the site. Procedures consistent with Minnesota
Rules 1983 Parts 6120.5600 (Technical Standards and Requirements for Flood
Plain Evaluation) and 6120.5700 (Minimum Flood Plain Management Standards
for Local Ordinances) shall be followed during the technical evaluation and
review of the development proposal.
2) Notification to DNR: The Zoning Administrator shall submit one copy of all
information required by Section 613.4 to the Department of Natural Resources'
Area Hydrologist for review and comment at least 10 days prior to the granting
of a Conditional Use Permit, Variance or Zoning Amendment. The Zoning
Administrator shall notify the Department of Natural Resources' Area Hydrologist
within 10-days after a Conditional Use Permit, variance, or sub-division approval
by the City.
3) Certification of Lowest Floor Elevations: The applicant shall be required to
submit certification by a registered professional engineer, registered architect,
or registered land surveyor, that the finished fill and building elevations were
accomplished in compliance with the provisions of this Ordinance. The Zoning
Administrator shall maintain a record of the elevation of the lowest floor
(includ' g basement) for all new structures and alterations or additions to
existing structures in the Flood Plain District.
I. Special Provisions for Flood Plain Variances
1) For flood plain regulation purposes, a variance means a modification of a
specific permitted development standard required in an official control including
this Section to allow an alternative development standard not stated as
acceptable in the official control, but only as applied to a particular property for
the purpose of alleviating a hardship, practical property for the purpose of
alleviating a hardship, practical difficulty or unique circumstance as defined and
elaborated upon in the City's zoning provisions.
2) The Council may authorize upon appeal in specific cases such relief or variance
from the flood plain regulations as will not be contrary to the public interest and
only for those circumstances such as hardship, practical difficulties or
circumstances unique to the property under consideration, as provided for in the
• 66
State enabling legislation for planning and zoning for Minnesota cities. In the 40
9 9
p 9 9
granting of such variance, the Council shall clearly identify in writing the specific
condition that existing consistent with the criteria specified in the enabling
legislation which justified the granting of the variance. The variance shall
otherwise be processed in accordance with the provisions of Section 11.40 of
this Chapter.
J. Special Provisions for Flood Plain Violations
2) Investigation: When an ordinance violation is either discovered by or brought to
the attention of the Zoning Administrator, the Zoning Administrator shall
investigate the situation and document the nature and extent of the violation of
the official control. As soon as is reasonably possible, this information shall be
submitted to the Department of Natural Resources along with the community's
plan of action to correct the violation to the degree possible.
3) Order: The Zoning Administrator shall notify the suspected party of the require-
ments of this Ordinance and all other Official Controls and the nature and extent
of the suspected violation of these controls. If the structure or use is under
construction or development, the Zoning Administrator may order the construc-
tion work immediately halted until a proper permit or approval is granted by the
City. If the construction or development is already completed, the Zoning
Administrator may either 1) issue an order identifying the corrective actions that
must be made within a specified time period to bring the use or structure into
compliance with the official controls, or 2) notify the responsible party to apply
for an after-the-fact permit or development approval within a specified period of
time not to exceed 30 days.
4) Final Action: If the responsible party does not appropriately respond to the
Zoning Administrator within the specified period of time, each additional day that
lapses shall constitute an additional violation of this Ordinance and shall be
prosecuted accordingly. The Zoning Administrator shall also, upon the lapse of
the specified response period, notify the landowner to restore the land to the
condition which existed prior to the violation of this Ordinance.
67
SECTION 11.21 SHORELAND ZONING
• Subd. 1 Purpose and Intent
The unregulated use of shorelands within the City contributes to the pollution of public
waters, and impairment of the local tax base thereby threatening the public health, safety
and general welfare. Therefore, it is in the best interests of public health, safety and
welfare to regulate the use and development of shorelands of public waters to preserve
and enhance the quality of surface waters, conserve the economic and natural
environmental values of shorelands, and provide for effective and efficient use of waters
and related-land resources.
Subd. 2 Scope
The provisions of this Section shall apply to conduct including, but not limited to the use
of any shoreland of public waters; the size and shape of shoreland lots; the use, size,
type and location of structures on shoreland lots; the installation and maintenance of
water supply and waste treatment systems; the grading and filling of any shoreland area;
the cutting of shoreland vegetation; and the subdivision of land which has shoreland area.
Subd. 3 Enforcement
The City shall be responsible for the administration and enforcement of this Section. Any
• violation of the provisions of this Section, including violations of conditions or restrictions
of building permits, shoreland alteration permits, variances or conditional use permits,
shall be unlawful.
Subd. 4 Abrogation and Greater Restrictions
This Section shall not repeal, abrogate, or impair any existing easements, covenants, or
deed restrictions, except to the extent the provisions of this Section are more restrictive.
Subd. 5 Definitions
For purposes of this Section, the following terms shall have the meaning stated:
A. Bluff shall mean a topographic feature, such as a hill, cliff, or embankment
having all of the following characteristics:
1. part or all of the feature is located in a shoreland area;
2. the slope rises at least 25 feet above the ordinary high water level of the
waterbody;
3. the grade of the slope from the toe of the bluff to a point 25 feet or more
above the ordinary high water level averages 30 percent or greater; and
4. the slope must drain toward the waterbody.
• 68
f
An area with an average slope of less than 18 percent over a horizontal distance
for 560 feet or more shall not be considered part of the bluff.
B. Bluff Impact Zone shall mean a bluff and the land located within 20 feet from the
top of a bluff.
C. Building Line shall mean a line parallel to a lot line or the ordinary high water
level at the minimum required setback beyond which a structure may not
extend.
D. Clear Cutting shall mean the removal of entire stand of trees.
E. Commercial Planned Development shall mean a planned development of various
commercial uses.
F. Commercial Use shall mean the principal use of land or buildings for the sale,
lease, rental or trade of products, goods, and services.
G. DNR shall mean the Commissioner of the Department of Natural Resources.
H. Deck shall mean a horizontal, unenclosed platform with or without attached
railings, seats, trellises, or other features, attached or functionally related to a
principal use or dwelling site and at any point extending more than three (3) feet 4,
above ground.
I. Duplex shall mean s dwelling structure on a single lot, having two dwelling units,
attached by common walls and each unit equipped with separate sleeping,
cooking, eating, living, and sanitation facilities.
J. Dwelling Site shall mean a designated location for residential use by one or
more person using temporary or movable shelter, including camping and
recreational vehicle sites.
K. Dwelling Unit shall mean any structure or portion of a structure, or other shelter
designed as short or long-term living quarters for one or more persons.
L. Extractive Use shall mean the use of land for the removal of surface or
subsurface sand, gravel, rock, industrial minerals, a nonmetallic mineral, or peat
not regulated by Minnesota Statutes, Sections 93.44 to 93.51 and amendments
thereto.
M. Forest Land Conversion shall mean the clear cutting of forested lands to prepare
for a new land use other than reestablishment of a subsequent forest stand.
69 •
N. Building Height shall mean the vertical distance between the highest adjoining
ground level at the building or ten feet above the lowest ground level, whichever
is lower, and the highest point of a flat roof or average height of the highest
gable of a pitched or hipped roof.
O. Industrial Use shall mean the use of land or buildings for the production,
manufacture, warehousing, storage, or transfer of goods, products, commodi-
ties, or other wholesale items.
P. Intensive Vegetation Clearing shall mean the complete removal of trees, grasses
or shrubs in a contiguous patch, strip, row, or block.
Q. Ordinary High Water Level (OHWL) shall mean an elevation delineating the
highest water level which has been maintained for a sufficient period of time to
leave evidence upon the landscape, commonly that point where the natural
vegetation changes from predominantly aquatic to predominantly terrestrial. For
watercourses, the ordinary high water level is the elevation of the top of the
bank of the channel. For reservoirs and flowages, the ordinary high water level
is the operating elevations of the summer pool.
R. Planned Development shall mean a development characterized by a unified site
design for a number of dwelling units or dwelling sites on a parcel, whether for
sale, rent or lease, whereby these units or sites provide areas of common
space, density, increase mix of structure types and land uses. Planned
developments may include, but are not limited to, condominiums, time-share
condominiums, cooperatives, full fee ownership, commercial enterprises, or any
combination of these, or cluster subdivisions of dwelling units, residential
condominiums, townhouses or apartment buildings, and accessory land uses
to the principal users.
S. Public Waters shall have the meaning given it in Minnesota Water Law.
T. Residential Planned Development shall mean a use where the nature of
residency is nontransient and the major or primary focus of the development is
not service-oriented.
U. Riparian Lot shall mean a lot which borders on a lake, river or stream.
V. Semi-Public Use shall mean the use of land by a private, nonprofit organization
to provide a public service that is ordinarily open to some persons outside the
regular constituency of the organization.
W. Sensitive Resource Management shall mean the preservation and management
of areas unsuitable for development in their natural state due to constraints such
410 70
as shallow soils over groundwater or bedrock, highly erosive or expansive soils,
steep slopes, susceptibility to flooding or occurrence of flora and fauna in need •
of special protection.
X. Setback shall mean the minimum horizontal distance between a structure,
sewage treatment system, or other feature and an ordinary high water level,
sewage treatment system, top of a bluff, road, highway, property line, or other
facility.
Y. Sewage Treatment System shall mean a septic tank and soil absorption system
or other individual or cluster type sewage treatment system as described and
regulated in Subdivision 7Q of this Section.
Z. Sewer System shall mean the pipelines or conduits, pumping stations, and force
main, and all other constructions, devices, appliances, facilities or appurtenanc-
es used for conducting sewage or industrial waste or other wastes to a point of
ultimate disposal.
AA. Shore Impact Zone shall mean land located between the ordinary high water
level of a public water and a line parallel to it at a setback of 50 percent of the
structure setback.
BB. Shoreland shall mean land located within the following distances from public
waters: 1,000 feet from the ordinary high water level of any lake, pond, or •
flowage; and 300 feet from rivers and streams, or the landward extent of a
floodplain designated by ordinance on a river or stream, whichever is greater.
CC. Significant Historic Site shall mean any archaeological site, standing structure,
or other property that meets the criteria for eligibility to the National Register of
Historic Places or is listed in the State Register of Historic Sites, or is an
unplatted cemetery within the provisions of Minnesota Statutes, Section 307.08.
A historic site meets these criteria if it is presently listed on either register or if
it is determined to meet the qualifications for listing after review by the Minnesota
state archaeologist or the director of the Minnesota Historical Society. All
unplatted cemeteries are automatically considered to be significant historic sites.
DD. Steep Slopes shall mean land where agricultural activity or development is either
not recommended or described as poorly suited due to slope steepness and the
site's soil characteristics, as mapped and described in available County soil
surveys or other technical reports, unless appropriate design and construction
techniques and farming practices are used in accordance with the provisions of
this ordinance. Where specific information is not available, steep slopes are
lands having average slopes over 12 percent, as measured over horizontal
distances of 50 feet or more, that are not bluffs.
71 S
it
EE. Structure shall mean any building or appurtenance, except aerial or underground
• utility pipes or lines, including but not limited to, sewer, electric, telephone,
telegraph, gas lines, towers, poles and other supporting facilities.
FF. Subdivision shall mean land that is divided for the purpose of sale, rent, or
lease, including planned unit development.
GG. Surface Water-Oriented Commercial Use shall mean the use of land for
commercial purposes, where access to and use of a surface water feature is an
integral part of the normal conductance of business. Marinas, resorts, and
restaurants with transient docking facilities are examples of such use.
HH. Top of the Bluff shall mean the higher point of a 50-foot segment with an
average slope exceeding 18 percent.
II. Top of the Bluff shall mean the lower point of a 50-foot segment with an average
slope exceeding 18 percent.
JJ. Undue Hardship shall mean the property in question cannot be put to
reasonable use under the conditions allowed by the official controls; the plight
of the landowner is due to circumstances unique to his property, not created by
the landowner; and the variance, if granted, will not alter the essential character
of the locality. Economic considerations alone shall not constitute a undue
• hardship if a reasonable use for the property exists under terms of the official
controls.
KK. Variance shall have the meaning given it in Section 11.40, Subd. 3 of the Code.
LL. Water-Oriented Accessory Structure or Facility shall mean a small, above ground
building or other improvement, except stairways, fences, docks, and retaining
walls, which, because of the relationship of its use to surface water, reasonably
need to be located closer to public waters than minimum required structural
setbacks.
MM. Wetland shall mean a surface water feature classified as a wetland in the United
States Fish and Wildlife Service Circular No. 39 (1971).
Subd. 6 Administration
A. Permits Required
The provisions of Section 4.03 of the Code regarding the issuance of building permits
shall apply to this Section.
410 72
(1) No buildings, building additions, including fences higher than six (6') feet, decks,
signs or sewage treatment systems shall be constructed, installed or altered, 40
and no grading or filling activities not exempted by Subdivision 12(I) of this
Section shall be permitted without first obtaining a permit from the City.
Application for a permit shall be filed with the City Clerk on the form provided by
the City. The application shall include the necessary information so that the City
can determine the site's suitability for the intended use and that a conforming
sewage treatment system will be provided should any building permits or
conditional use permits be issued.
(2) Any permit issued hereunder shall state that an identified, existing sewage
treatment system, as defined by Subdivision 12Q shall be reconstructed or
replaced in accordance with the provisions of this Section.
(3) The general provisions of this section shall be complied with before the issuance
of the permit.
B. Zoning Compliance
Zoning compliance by the City shall be required for each activity requiring a permit
as specified in Subdivision 9A of this Section. This will specify that the use of land
conforms to the requirements of this ordinance. Any use, activity, or construction not
authorized by permit shall be unlawful.
•
C. Variances
(1) No variance may be granted except in accordance with Minnesota Statutes,
Chapter 462 and Section 11.40 of the code. A variance shall not circumvent the
general purposes and intent of this Section. No variance may be granted that
would allow any use that is prohibited in the zoning district in which the subject
property is located. Conditions may be imposed in the granting of a variance
to ensure compliance and to protect adjacent properties and the public interest.
In considering a variance request, the City Council will also consider whether the
property owner has reasonable use of the land without the variance, whether the
property is used seasonally or year-round, whether the variance is being
requested solely on the basis of economic considerations, and the characteris-
tics of development on adjacent properties.
(2) The City shall hear and decide requests for variances, including variances for
sewage treatment systems in shoreland districts, in accordance with the Code's
provisions governing zoning variances. When a variance is approved after the
Department of Natural Resources has formally recommended denial in the
hearing record, the notification of the approved variance required therein shall
73
also include the summary ry of the public record/testimony and the findings of
facts and conclusions which supported the issuance of the variance.
(3) For existing developments, the application for variance shall clearly demonstrate
whether a conforming sewage treatment system is present for the intended use
of the property. All variances granted shall require reconstruction of a noncon-
forming sewage treatment system.
D. Notifications to the Department of Natural Resources
(1) The DNR shall be given notice of all requests for variances from the provisions
of this Section and such notice shall be postmarked 10 days prior to any
hearing on the variance request.
(2) Copies of all notices of any public hearings to consider variances, amendments,
planned development or conditional uses under shoreland management controls
shall be sent to the DNR or the DNR's designated representative and post-
marked at least ten days prior to the hearing. Notices of hearings to consider
proposed preliminary plats shall include copies thereof.
(3) A copy of approved amendments and subdivisions/plats, and final decisions
granting variances, Planned Developments, or conditional uses under shoreland
management controls must be sent to the DNR or the DNR's designated
• representative and postmarked within ten days of final action.
Subd. 7 Shoreland Classification and Shoreland Use Districts
A. Shoreland Classification System.
The public waters of the City have been classified in this Subdivision consistent with
criteria found in Minnesota Rules, Part 6120.3300, and the Protected Waters Inventory
Map for Dakota County, Minnesota:
(1) The shoreland area for the waterbodies listed below shall be as defined in this
Section and as shown on the Official Zoning Map of the City.
(2) Lakes:
Natural Land Section Shoreland
Environment Lakes (NE) DNR ID# (T27N-R23W) Overlay District
1. Holland 19-65 26, 35 Residential
2. Gerhardt 19-69 33SW Residential
• 74
I
•
Natural Land Section Shoreland
Environment Lakes (NE) DNR ID# (T27N-R23W) Overlay District
3. Jensen 19-71 34 Residential
4. O'Brien 19-72 35SW Residential
5. Unnamed 19-73 35 Residential
6. Unnamed 19-74 35SE Residential
7. Schultz 19-75 35 Residential
8. Gun Club 19-78 4, 5 Residential
Recreation Land Section Shoreland
Development Lakes (RD) DNR ID# (T27N-R23W) Overlay District
1. Blackhawk 19-59 16, 17, 21 Residential
2. McCarthy 19-60 22 Residential
3. Unnamed 19-63 25, 26 Residential
4. McDonough 19-76 35, 36 Residential
General Land Section Shoreland
1 Development Lakes (GD) DNR ID# (T27N-R23W) Overlay District
1. Unnamed 19-54 1 Commercial
III
2. Lemay's 19-55 10 Commercial/Residential
3. O'Leary 19-56 15 Commercial/Residential
4. Fish 19-57 15, 16 Residential
5. Bald 19-61 23NE Residential
6. Unnamed 19-62 25 Residential
7. Unnamed 19-64 36 Residential
8. Quigley 19-66 27 Residential
9. Thomas 19-67 27, 28 Commercial/Residential
10. Unnamed (Pitt Lake) 19-68 29SW Commercial
11. Unnamed 19-70 33 Residential
12. Unnamed 19-77 36 Commercial/Residential
(3) Urban Rivers:
River Shoreland Overlay District
Minnesota River Public Facilities
75 •
(4) Tributaries:
• (a) Kennellys Facilities/Light Industrial s Creek Section 18 Public Facilities Li Y / g
(b) Harnack Creek Section 18 Public Facilities/Light Industrial
B. Land Use Zoning Districts.
1. Purpose.
The development of shorelands of public waters shall be controlled by means
of land use zoning districts which are designated to be compatible with the
classes of public waters to which they apply. Land use zoning districts are
established to provide for:
(a) the management of areas unsuitable for development due to wet soils,
steep slopes, flooding, inadequate drainage, sever erosion potential,
presence of significant historic sites, or any other feature likely to be
harmful to the health, safety, or welfare of the residents of the City;
(b) the preservation of areas suitable for residential development from
encroachment by commercial and industrial uses;
(c) the centralization of service facilities for residential areas and enhancement
• of economic growth for those areas suitable for limited commercial develop-
ment;
(d) the management of areas for commercial or industrial uses which, by their
nature, require location in shoreland areas;
(e) the preservation and enhancement of the quality of water-based recreation-
al use of public waters including provisions for public accesses.
2. Land Use Districts for Lakes and Rivers.
The permitted, conditional and prohibited uses in the districts listed below shall be as
follows:
Permitted Uses P = Permitted
C = Conditional Use
N = Prohibited
Zoning District/Use Natural Recreation General Urban Tributaries
Environmental Development Development livers
Lakes Lakes Lakes
Residential District Uses
• 76
Zoning District/Use Natural Recreation General Urban Tributaries 0
Environmental Development Development Rivers
Lakes Lakes Lakes
- Forest management P P P P P
-
- Sensitive resources management P P P P P
- Agricultural: crop&pasture P P P P P
- Agricultural:feedlots N N N N N
Single residential P P P N N
- Semi-public/public use C C P P P
- Extractive use C C C C N
- Multiple residential C C P N N
- Surface water oriented commercial N N C N N
- Planned developments P P P N N
Commercial/Residential District Uses
Any use in Residential District As Regulated in the Residential District
-
- Commercial N N C N N
- Commercial Planned Development N N P N N
Residential Planned Development N N P N N
Commercial/Industrial District Uses •
Any use in Residential District As Regulated in the Residential District
- Commercial/Industrial N N C N N
- Commercial/Industrial Planned Development N N P N N
3. Land Use Overlay Districts.
(a) The Land Use Districts as described in this Subdivision shall be overlay
districts as shown on the official City of Eagan Zoning map.
(b) Any use shall be regulated by both the base zone and the shoreland
overlay district with the most restrictive regulation required for use, setback,
height, site coverage, density and any other applicable regulation or
requirement.
(c) Land Use Districts in the shoreland area shall be in conformance with the
criteria specified in Minnesota Rules, Part 6120.3200, Subpart 3.
77 •
(d) District Boundaries for the shoreland overlay districts shall be as shown on
• the official Zoning Map of the City.
(e) Conditional Use Permits shall be processed by the City as provided by
Sections 11.21 and 11.40 of the City code.
(f) Non-conforming Uses. Any approved use of a shoreland area in existence
prior to the effective date of this Section as amended which was permitted
by the previous ordinance requirements but which does not meet the
requirements of this Section, as amended shall be declared to be a non-
conforming use.
Non-conforming uses, including substandard sanitary facilities, shall be
allowed to continue. However, any structural alteration or addition to a non-
conforming use which will increase the present uses dimensions shall not
be permitted. Any improvement shall require any substandard sanitary
facilities to be upgraded in accordance with the provisions of Section 11.21
Subdivision 12Q.
Subd. 8 Dimensional Requirements
The following minimum requirements shall apply to all shorelands of the public waters
within the City. Where the requirements of the underlying zoning district, as shown on
• the official zoning map, are more restrictive than those set forth herein, then the more
restrictive standards shall apply.
A. Unsewered Areas:
Natural Recreational General
Environment Development Development
Unsewered Areas Waters Waters Waters
Lot Area 10 Acres 10 Acres 10 Acres
Lot Width & Bldg. Line (ft.) 200 150 100
Structure Setback From Ordinary High Water 150 100 75
Mark (ft.)
Structure Setback From Roads & Highway (ft.) Determined by the zoning provisions of this Chapter.
Structure Height Limitations Determined by the zoning provisions of this Chapter.
Maximum Lot Area 25 25 25
Covered By Impervious Surface (%)
1Multiple dwellings shall be prohibited in unsewered areas.
• 78
Sewage System Setback From Ordinary High 150 75 50
Water Mark (ft.)
B. Sewered Areas in Natural Environmental Waters.
The dimensional requirements for unsewered areas shall apply to sewered areas except as follows:
1. Lot Area (Sq. Ft.):
Riparian Lots 40,000
Non-Riparian Lots 20,000
2. Riparian lot width at building line (ft.) 125
3. Structure setback from Ordinary High Water Mark 100
(ft).
C. Sewered Areas In Recreation Development Waters
All provisions for unsewered areas shall apply to sewered areas except as follows:
1. Commercial Development:
a. Maximum building height (stories) Four (4) above ground with C.U.P. required for height
over 35 ft.
b. Minimum building setback for OHWM (ft.) 75 •
c. Minimum riparian lot frontage (ft.)
* d. Maximum impervious surface area (%) 75
25
2. Single Dwelling Detached Residential:
a. Minimum riparian lot frontage (ft.) 100
b. Minimum building setback from OHWM (ft.) 75
c. Average lot area for riparian lots (sq.ft.)
d. Average lot area for non-riparian lots (sq. ft.) 20,000
* e. Maximum impervious surface area (%) 15,000
f. Maximum building height (feet)
25
35
79 •
• 3. Multiple Dwelling Residential ( by PUD only):
a. Maximum building height (stories) Four (4) above ground with a C.U.P. required for heights
over 35 Ft.
b. Minimum building setback from OHWM (ft.) 75
c. Minimum water frontage per development (ft.)
* d. Maximum impervious surface area (%). 200
e. Average lot area per unit for riparian lots (sq.
ft.). 25
f. Average lot area per unit for non-riparian lots Determined by PUD
(sq. ft.).
Determined by PUD
* See provisions of Subdivision 9N (2).
D. Sewered Areas In General Development Waters
All provisions for unsewered areas shall apply to sewered areas except as follows:
Commercial Development:
a. Maximum building height (stories) Four (4) above ground with C.U.P. required for heights
over 35ft.
b. Minimum building setback from OHWM (ft.) 50
c. Minimum water frontage (ft.)
S * d. Maximum impervious surface area (%) 100
25
2. Single Dwelling Detached Residential:
a. Minimum water frontage (ft.) 75
b. Minimum building setback from OHWM (ft.) 50
c. Average lot area for riparian lots (sq. ft.)
d. Average lot area for non-riparian lots (sq.ft.) 15,000
* e. Maximum impervious surface (%) 12,000
f. Maximum height (feet)
25
35
4110 80
3. Multiple Dwelling: (by P.U.D. only)
a. Maximum building height (stories) Four (4) above ground with C.U.P required for heights ID
over 35 ft.
b. Minimum building setback from OHWM (ft.) 50
c. Minimum water frontage per development (ft.)
* d. Maximum impervious surface area (%) 100
e. Average lot area per unit:
• riparian lots (sq. ft.) 25
• other lots (sq. ft.)
f. Minimum lot width/water frontage (ft) Determined by PUD
Determined by PUD
200
* See provisions of Subdivision 9N (2).
E. Urban Rivers and Tributaries
No development shall be permitted along Urban Rivers and Tributaries.
F. Lot Area and Width Requirements
The provisions of this Subdivision with respect to the minimum lot area in square feet and minimum
lot width requirements in lineal feet shall apply to residential lots created after the date of enactment
of this Section as amended.
Only land above the ordinary high water level of public waters can be used to meet lot area an
lot width requirements. These minimum requirements shall be met at both the ordinary high water
level and at the building line.
Subd. 9 General Provisions
A. Lots for Controlled Accesses
Lots used for controlled accesses to public waters or as recreation areas by owners
of nonriparian lots within subdivisions shall meet or exceed the following standards:
1) Lots shall meet the minimum width and area requirements for residential lots,
and be suitable for the intended uses.
2) In the event docking, mooring, or over-water storage of more than six (6)
watercraft is present on a controlled access lot, the width of the lot (keeping the
same lot depth) shall be increased by twenty-five (25%) percent in lot frontage
for each watercraft beyond six.
81 •
3) Lots shall be jointly or commonly owned by all purchasers of lots in the
• subdivision or by all purchasers of nonriparian lots in the subdivision who are
provided riparian access rights on the access lot in a manner acceptable to the
City and the DNR; and
4) Land covenants or other equally effective legal instruments shall be executed
and provide the following restrictions:
(a) Lot owners have authority to use the access lot and what activities are
allowed. The activities may include watercraft launching, loading, stor-
age,beaching, mooring, or docking. They may also include other outdoor
recreational activities that do not significantly conflict with general public use
of the public water or the enjoyment or normal property rights of adjacent
property owners. Examples of the nonsignificant conflict activities include
swimming, sunbathing, or picnicking.
(b) The total number of vehicles allowed to be parked on the lot.
(c) The total number of watercraft allowed to be continuously moored, docked,
or stored over water.
(d) Centralization of all common facilities and activities in the most suitable
locations on the lot to minimize topographic and vegetation alterations.
• (e) All parking areas, storage buildings, and other facilities to be screened by
vegetation or topography as much as practical from view from the public
water.
B. Placement and Design of Structures
When more than one setback applies to a site, structures and facilities must be
located to meet all setbacks. Where structures exist on the adjoining lots of a
proposed building site, structure setbacks required for a new proposed building or
an addition to an existing building may be altered without a variance to conform to
the average setbacks on the adjoining lots from the ordinary high water level,
provided the proposed building site is not located in a shore impact zone or bluff
impact zone.
C. Floodplain Regulations
1) Structures shall be located in accordance with the City Floodplain Regulations
in the City code.
82
2) Water-oriented accessory structures, where allowed, may have the lowest floor
placed lower than the elevation determined by the procedures in flood plain
regulations if the structure is constructed of flood-resistant materials to the flood
elevation, electrical and mechanical equipment is placed above the flood
elevation and if long duration flooding is anticipated, the structure is built to
withstand ice action, wind-driven waves and debris.
D. Water-Oriented Accessory Structures
On recreational development and general development lakes in Residential Districts
each residence may have one water-oriented accessory structure not meeting the
normal structure setback requirements in this Section if this water-oriented accessory
structure complies with the following provisions:
1) The accessory structure shall not be a boat lift, fishhouse, pumphouse,
boathouse, or any structure related to boating,
2) The accessory structure shall neither exceed ten feet in height, exclusive of
safety rails, nor occupy an area greater than 150 square feet. Detached decks
shall not exceed eight feet above grade at any point;
3) The accessory structure setback from the ordinary high water level shall be not
less than ten (10) feet;
•
4) The accessory structure visibility from the public waters and adjacent shoreland
shall be reduced by vegetation, topography, increased setbacks or color
treatment; and,
5) The accessory structure shall neither be designed or used for human habitation
nor contain water supply or sewage treatment facilities.
E. Stairways, Lifts, Landings and Docks
Stairways and lifts are the preferred alternative to major topographic alterations for
achieving access up and down bluffs and steep slopes to shore areas. Stairways and
lifts shall meet the following design requirements:
1) The stairway lift shall not exceed four feet in width, except stairways used as
public open-space recreational properties;
2) The stairway and lift landings on residential lots shall not exceed 32 square feet
in area, except such landings used on public open-space recreational
properties;
83
3) Canopies or roofs shall not be permitted on stairways, lifts or landings;
4) Stairways, lifts, and landings may be either constructed above the ground on
posts or pilings or placed into the ground, provided they are designed and built
in a manner that ensures control of soil erosion;
5) Stairways, lifts, and landings shall be located on a portion of the lot that most
reduces these stairways, lifts and landings visibility from the public use.
6) Structures for mobility impaired persons including ramps, lifts, or mobility paths
are permitted for achieving access to shore areas, provided that the dimensional
and performance standards of subitems (1) to (5) above are complied with in
addition to the requirements of Minnesota Rules, Part 1340; and
7) Docks shall not exceed five (5) feet in width unless a shoreland building permit
is obtained therefor.
F. Significant Historic Sites
No structure shall be placed on a significant historic site in a manner that affects the
historical value of the site unless adequate information about the site as determined
by the Minnesota Historical Society has been removed and documented in a public
repository.
• G. Steep Slopes
The City shall evaluate possible soil erosion impacts and development visibility from
public waters before issuing a permit for construction of sewage treatment systems,
roads, driveways, structures, or other improvements on steep slopes. When
determined necessary, conditions shall be attached to issued permits to prevent soil
erosion and to preserve existing vegetation screening of structures, vehicles, and
other facilities as viewed from the surface of public waters.
H. Height of Structures
All structures in all Shoreland Districts shall not exceed thirty-five (35) feet in height,
unless a conditional use permit is obtained therefor in accordance with Section 11.40
of this Code. Any application for a conditional use permit hereunder shall be subject
to notice and comment by the DNR before the permit is issued by the City.
411 84
I. Shoreland Alterations
•
To prevent soil erosion into public waters, fix nutrients, preserve shoreland aesthetics,
preserve historic values, prevent bank slumping, and protect fish and wildlife habitat,
shoreland alterations are subject to the following conditions:
1. Vegetation Alterations
a) Any vegetation alteration necessary for the construction of structures,
sewage treatment systems, roads and parking areas regulated by
Subdivision 9K of this Section are exempt from the regulations in this
provision.
b) Except for agricultural and forest management uses:
1) Clear-cutting and intensive vegetation clearing within the shore impact
zones and on steep slopes shall be prohibited. No intensive vegeta-
tion clearing for forest land conversion to another use outside of these
areas shall be conducted without first obtaining a conditional use
permit. No such permit shall be issued unless a soil erosion control
and sedimentation plan is approved by the Soil and Water Conserva-
tion District in which the property is located.
2) In shore impact zones and on steep slopes, limited clearing or cutting,
pruning, and trimming of trees and shrubs may be conducted to
provide a view from the principal dwelling site to the public water and
to make installation or construction of stairways, lifts, picnic areas,
access paths, beach and watercraft areas and water-oriented accesso-
ry structures possible, provided that:
(i) The screening for structures, vehicles, or other facilities as viewed
from the water is not substantially reduced;
(ii) Along rivers, existing shading of water surfaces is preserved; and
(iii) In the shore impact zone, live trees larger than six (6") inches in
diameter shall not be cut, except to provide for water oriented
accessory structures or to provide a water-viewing corridor not to
exceed twenty (20) percent of the shoreline width of the lot.
3) The above provisions are not applicable to the removal of trees, limbs,
or branches that are dead, diseased, or pose safety hazards.
85 410
2. Topographic Alterations/Grading and Filling
• a) Grading, filling and excavations for the construction of structures, sewage
treatment systems, and driveways under a validly issued building permit do
not require the issuance of a separate grading and filling permit but shall be
subject to the provisions of Subd. 9.
b) Public roads and parking areas are regulated by Subdivision 9K of this
Section 11.21.
c) Notwithstanding any provisions in this Section to the contrary a permit shall
be required for:
1) the movement of more than ten (10) cubic yards of material on steep
slopes and within shore impact zones.
2) the movement of more than fifty (50) cubic yards of material
outside of steep slopes and shore impact zones.
d) The following considerations and conditions shall be adhered to
during the issuance of construction permits, grading and filling
permits, conditional use permits, variances and subdivision approv-
als:
• 1) Any filling that occurs in any Type 3, 4, or 5 wetland over 2.5
acres in area shall require a permit from the DNR;
• 86
2) Alterations shall be conducted in a manner in order that the
smallest amount of bare ground is exposed for the shortest time
possible;
3) Mulch or similar material shall be used for temporary bare soil
coverage, and a permanent vegetation cover shall be established
as soon as weather conditions allow;
4) Soil erosion control measures shall be used;
5) Altered areas shall be stabilized to acceptable erosion control
standards consistent with the field office technical guides of the
local Soil and Water Conservation Districts and the United States
Soil Conservation Service;
6) No fill or excavated material shall be placed in a manner that
creates an unstable slope or finished slopes of 30 percent or
greater.
7) No fill or excavated material shall be placed on steep slopes
without the City Engineer's review for continued slope stability;
8) No fill or excavated material shall be placed in bluff impact zones;
9) Any alterations below the ordinary high water level of public
waters shall be in accordance with the provisions of Minnesota
Water Law.
10) No alterations of topography shall be allowed, except if they are
an accessory to permitted or conditional uses and do not
adversely affect adjacent or nearby properties;
11) No natural rock riprap shall be placed, including associated
grading of the shoreline and placement of a filter blanket, unless
the finished slope is not greater than 3:1 (may be increased by
DNR permit), the landward extent of the riprap is within ten feet of
the ordinary high water level, and the height of the riprap above
the ordinary high water level does not exceed three feet; and
12) The provisions of City Code Section 4.30 shall apply to excava-
tions and fills under this Section.
87 IP
e) Connection to Public Waters
• No excavation shall be conducted where the intended purpose is
connection to public water, including boat slips, canals, lagoons, and
harbors, without first obtaining a permit from the DNR.
L. Wetland Protection Regulations
1) Grading or filling in any Type 2, 3, 4, 5, 6, 7, or 8 wetland shall be
evaluated by the City to determine how extensively the proposed
activity would affect the following functional qualities of the wetland:
a) sediment and pollutant trapping and retention;
b) storage of surface runoff to prevent or reduce flood damage;
c) fish and wildlife habitat;
d) recreational use;
e) shoreline or bank stabilization; and
f) noteworthiness, including special qualities such as historic
• significance, critical habitat for endangered plants and animals, or
other.
2) An evaluation shall also be made to determine whether the wetland
alteration being proposed requires permits, reviews, or approvals by
other local, state, or federal agencies such as a Watershed District,
the Minnesota Department of Natural Resources, or the United
States Army Corps of Engineers. The person(s) proposing the
wetland alteration shall be responsible for this evaluation and
compliance with these agency regulations and requirements.
3) Development, grading and filling shall comply with the provisions of
the Minnesota Wetland Conservation Act of 1991, MN Statutes
Chapter 354.
4) The City evaluation shall be utilized in setting forth any conditions or
mitigation measures relating to wetland protection.
88
M. Placement and Design of Roads, Driveways, and Parking Area
1) Public and private roads and parking areas shall be designed to take
•
advantage of natural vegetation and topography to achieve maximum
screening from view from public waters. Documentation shall be
provided to the City that all roads and parking areas are designed
and constructed to minimize and control erosion to public waters
consistent with the field office technical guides of the local Soil and
Water Conservation District, or other applicable technical materials.
2) Roads, driveways and parking areas shall meet minimum required
setbacks and shall not be placed within bluff and shore impact
zones, when other reasonable and feasible placement alternatives
exist. If no alternatives exist, they may be placed within these areas,
provided they are constructed in a manner to minimize adverse
impacts as determined rmined by the City.
3) Public and private watercraft access ramps, approach roads, and
access-related parking areas may be placed within shore impact
zones provided the vegetative screening and erosion control
conditions of Subdivision 9M of this Section are met. For private
facilities, the grading and filling provisions of Subdivision 9K of this
Section shall be met.
N. Stormwater Management
All developments shall meet the following requirements:
a) When possible, existing natural drainageways, wetlands, and
vegetated soil surfaces must be used to convey, store, filter, and
retain stormwater runoff before discharge to public waters.
b) Development must be planned and conducted in a manner that will
minimize the extent of disturbed areas, runoff velocities and erosion
potential that will reduce and delay runoff volumes. Disturbed areas
must be stabilized and protected as soon as possible and facilities
or methods must be used to retain sediment on the site.
c) When development density, topographic features, and soil and
vegetation conditions are not sufficient to adequately handle
stormwater runoff using natural features and vegetation, various
types of constructed facilities, including diversions, settling basins,
skimming devices, dikes, waterways, and ponds shall be utilized.
Storm water management measures using surface drainage,
89 •
vegetation, and infiltration shall be used rather than buried pipes and
• manmade materials and facilities when practical and reasonably
possible. Settling basins to intercept urban runoff shall be sized to
a minimum of a ten-year storm design.
d) Impervious surface coverage of lots must not exceed twenty five
(25%) percent of the lot. This may be increased provided the City
has approved and implemented a storm water management plan
affecting the subject site and a conditional use permit permitting an
increase has been granted.
e) When constructed facilities are used for stormwater management, a
document from a duly qualified individual shall be filed with the City.
The document shall state that the constructed facilities are designed
and installed consistent with the field office technical guide of the
local Soil and Water Conservation District.
f) New constructed stormwater outfalls to public waters must provide
for filtering or settling of suspended solids and skimming of surface
debris before discharge.
0. Special Provisions for Public/Semipublic, Agricultural, Forestry and
Extractive Uses
• 1) Any surface water-oriented uses and public or semipublic uses when
Y p p
permitted by Code which have need for access to and use of public
waters may be located on parcels or lots with public waters frontage.
Uses with water-oriented needs located on parcels or lots with public
waters frontage shall comply with the following standards:
a) Topographic and vegetative screening of parking areas and
structures shall be constructed and maintained.
b) No advertising signs or supporting facilities for signs shall be
placed in or upon public waters. The City may install and
maintain signs conveying information or safety messages.
c) No outside lighting shall be located within the shore impact zone
or over public waters unless it is used primarily to illuminate
potential safety hazards and is shielded or otherwise directed to
prevent direct illumination out across public waters. This does not
preclude use of navigational lights; and
• 90
d) Commercial uses such as boat rides, on-board vendors or similar
uses shall be prohibited.
e) Any uses that require short-term watercraft mooring for patrons
shall be centralized and constructed in a manner to avoid
obstructions to navigation and the least size reasonably necessary
to meet the need; Except uses without water-oriented needs
unless such uses are set back double the normal ordinary high
water level setback or substantially screened from view from the
water by vegetation or topography.
2) Agriculture Use Standards:
a) In all lake and river shoreland areas, general cultivation farming,
grazing, nurseries, horticulture, truck farming, sod farming, and
wild crop harvesting are permitted uses if steep slopes and shore
and bluff impact zones are maintained in permanent vegetation or
managed under an approved conservation plan (Resource
Management Systems) consistent with the field office technical
guides of the local soil and water conservation districts of the
United States Soil Conservation Service (as provided by a
qualified individual or agency). The shore impact zone for parcels
with permitted agricultural land uses is equal to a line parallel to
and 50 feet from the ordinary high water level.
•
b) Animal feedlot and grazing operation shall be prohibited.
3) Forest Management Standards
The harvesting of timber and associated reforestation shall be
conducted consistent with the provisions of the Minnesota Nonpoint
Source Pollution Assessment-Forestry and the provisions of Water
Quality in Forest Management "Best Management Practices in
Minnesota".
4) Extractive Use Standards
a) Site Development and Restoration Plan: No Extractive Uses shall
be conducted without first obtaining approval by the City. An
Extractive Use Site Development and Restoration Plan shall be
approved and followed over the course of operation of the site.
The plan shall address dust, noise, possible pollutant discharges,
hours and duration operation, and anticipated vegetation and
topographic alterations and identify actions to be taken to mitigate
91 •
adverse environmental impact, and erosion, and to rehabilitate the
site after extractive activities end.
b) Setbacks for Processing Machinery: Processing machinery shall
be located consistent with setback standards for structures from
ordinary high water levels of public waters and from bluffs.
5) Mining of Metallic Minerals and Peat Standards
Mining of metallic minerals and peat may be a permitted use in
accordance with the provisions of Minnesota Statutes,Sections 93.44
to 93.51.
P. Conditional Uses
The provisions of Section 11.40 of the City Code regarding conditional use
permits shall apply to all conditional uses with shoreland area, in addition
to the following:
1) Site Evaluation Required
Prior to the issuance of any permit hereunder, an evaluation of the
waterbody and the topographic, vegetation, and soil conditions on
• the site shall be made to ensure:
a) the prevention of soil erosion or other possible pollution of public
waters, both during and after construction;
b) the least visibility of structures and other facilities as viewed from
public waters;
c) the site is adequate for water supply and on-site sewage treat-
ment and public utilities are utilized when available; and
d) the types, uses, and number of watercraft that the project will
generate are compatible in relation to the suitability of public
waters to safely accommodate these watercraft.
2) Conditions of Conditional Use Permits
The City Council, upon consideration of the findings of the evaluation
conducted pursuant to clause (1) of this paragraph and the intent
and purposes of this Section, may issue a conditional use permit
hereunder subject to, but not limited to, the following conditions:
92
a) increased setbacks from the ordinary high water level;
•
b) limitations on the natural vegetation to be removed or the
requirement that additional vegetation be planted; and
c) special provisions for the location, design, and use of structures,
sewage treatment systems, watercraft launching and docking
areas, and vehicle parking areas.
Q. Water Supply and Sewage Treatment
1) Water Supply
Any public or private supply of water for residential purposes shall
meet or exceed the Minnesota Department of Health, Dakota County
and the Minnesota Pollution Control Agency standards for water
quality.
2) Sewage Treatment
a) All private sewage treatment systems shall meet or exceed the
Minnesota Pollution Control Agency's standards for individual
sewage treatment systems contained in the document titled,
"Individual Sewage Treatment Systems Standards, Chapter 7080", a 4110
copy of which is hereby adopted by the City by reference and
incorporated as a part of the City Code.
b) All sewage shall be connected to public systems when available.
c) All on-site sewage treatment systems shall comply with the set back
requirements provided in Subdivision 11 of this Section.
d) An evaluation to determine all proposed sites suitable for individual
sewage treatment systems shall be made upon consideration of the
following:
(i) depth to the highest known or calculated ground water table or
bedrock;
(ii) soil conditions, properties, and permeability;
(iii) slope; and
93 •
(iv) the existence of lowlands, local surface depressions, and rock
• outcrops.
(v) it shall be the responsibility of the applicant to provide sufficient
information, through either public documents or field investiga-
tions, in order for the foregoing considerations to be addressed.
e) Nonconforming sewage treatment systems shall be regulated and
upgraded in accordance with the following requirements:
(1) A sewage treatment system not meeting the requirements of
Subdivision 12(Q)(2)(a) must be upgraded, at a minimum, at
any time a permit or variance of any type is required for any
improvement on, or use of, the property. For the purposes of
this provision, a sewage treatment system shall not be consid-
ered nonconforming if the only deficiency is the sewage
treatment system's improper setback from the ordinary high
water level.
(2) The City will require upgrading or replacement of any noncon-
forming system identified by this program within five (5) years.
Any sewage system installed according to applicable local
shoreland management standards adopted under Minnesota
• Statutes, Section 105.485 and amendments thereto, in effect at
the time of installation, may be considered as conforming unless
they are determined to be failing, except that systems using
cesspools, leaching pits, seepage pits, or other deep disposal
methods, or systems with less soil treatment area separation
above groundwater than required by the Minnesota Pollution
Control Agency's Chapter 7080 for design of on-site sewage
treatment systems, shall be considered nonconforming.
f) All on-site sewage treatment systems shall comply with regulations
in the City Code.
R. Subdivision Provisions
1) Land suitability. No preliminary plat shall be approved unless each
lot, created through subdivision, including planned unit develop-
ments, is suitable in its natural state for the proposed use with
minimal alteration. In determining whether a lot is suitable by the
City, the City shall consider the following:
(1) susceptibility to flooding,
• 94
(2) existence of wetlands,
(3) soil and rock formations with severe limitations for development, 110
(4) severe erosion potential,
(5) steep topography,
(6) inadequate water supply or sewage treatment capabilities,
(7) near-shore aquatic conditions unsuitable for water-based recreation,
(8) important fish and wildlife habitat,
(9) presence of significant historic sites, and
(10) any other feature of the natural land likely to be harmful to the
health, or welfare of the City.
2) Consistency with other controls. Subdivisions must conform to all City Code
regulations. A preliminary plat shall not be approved when a later variance
from one or more standards in official controls would be needed to use the
lots for their intended purpose, when areas not served by publicly owned
sewer and water systems, a domestic water supply is not available or a
sewage treatment system consistent with City Code is not provided for every
lot. Each lot shall meet the minimum lot size and dimensional requirements,
contiguous lawn area requirements that are free of limiting factors sufficient
for the construction of two standard soil treatment systems where private
sewage systems are permitted. Preliminary plat lots that would require use
of holding tanks shall not be approved.
Subd. 10 Planned Development (Cluster Developments) •
A. Types of Planned Developments Permitted
No Planned Developments (P.D.'s) shall be permitted, except for new projects
on undeveloped land, redevelopment of previously built sites, or conversions
of existing buildings and land in exclusively planned development and zoning
districts as classified in Subdivision 7 of this Section and on the official zoning
map of the City.
B. Conditional Use Requirements
Planned Developments shall constitute a conditional use, thereby requiring a
conditional use permit in accordance with Section 11.40, Subd. 4 & 6, of the
City Code.
C. Application for Planned Development
1) Planned Development uses shall comply with the regulations applicable in
the Planned Development Zoning District as provided in the City Code.
95
2) Any application for a conditional use permit for a Planned Development use
40 in a Shoreland Zone shall provide the following information in addition to the
information required under Minn. Stat.§11.40, Subd. 4 & 6 of the City Code:
(a) surface water features,
(b) existing & proposed vegetative detail,
(c) deed restrictions, covenants, or owners association by-laws,
(d) details of water oriented uses,
(e) long term plans for preservation and maintenance of open space,
(f) two (2) foot integral contours,
(g) other information deemed necessary by the City Council.
D. Public Utilities
Public utilities, including municipal sanitary sewer and water, shall be utilized for
all Planned Development and Planned Development uses (P.D.) in the City.
E. Site Evaluation
Prior to the issuance of any permit under this Subdivision, an evaluation of the
site's "suitable area", density, maintenance and design, open area, erosion,
storm water management plan, facilities, centralization, design plan and
conversion shall be made in accordance with the following standards and
• procedures:
1. Site Suitable Area:
A site's suitable area shall be evaluated using the following procedures and
standards:
(a) Shoreland Tier Dimensions
The project parcel shall be divided into tiers by locating one or more lines
approximately parallel to a line that identifies the ordinary high water level at
the following intervals, proceeding landward:
Type of Lake Sewered (feet)
General Development Lakes - first tier (riparian) 200
General Development Lakes - second and additional tiers 200
Recreational Development Lakes 267
Natural Environment Lakes 320
• 96
(b) Suitable Area Calculation •
The suitable area within each tier is calculated by excluding from the tier
area all wetlands, bluffs, or land below the ordinary high water level of public
waters. This suitable area and the proposed project are then subjected to
either the residential or commercial planned unit development density
evaluation steps to arrive at an allowable number of dwelling units or sites.
F. Residential and Commercial Planned Development Use:
The procedures for determining the "base" density of a P.D. and density
increase multipliers are as follows:
1. Residential P.D. "Base" Density Evaluation:
The suitable area within each tier is divided by the minimum single
residential lot size standard for lakes to determine the maximum permitted
density. Proposed locations and number of dwelling units or sites for
residential planned developments are then compared with the tier, density,
and suitability analyses herein and the design criteria in paragraph G.
2. Commercial P.D. "Base" Density Evaluation:
•
a) Determine the average inside living area size of dwelling units or sites
within each tier, including both existing and proposed units and sites.
Computation of inside living area sizes shall not include decks, patios,
stoops, steps, garages, or porches and basements, unless they are
habitable space.
b) Select the appropriate floor area ratio from the following table:
Commercial Planned Unit Development
Floor Area Ratios
Public Waters Classes
Average unit floor area General Development Recreational Develop- Natural Environmental
(sq. ft.) Lakes ment Lakes Lakes
400 .056 .028 .014
500 .065 .032 .016
600 .072 .038 .019
700 .082 .042 .021
97 10
Commercial Planned Unit Development
Floor Area Ratios
Public Waters Classes
Average unit floor area General Development Recreational Develop- Natural Environmental
(sq. ft.) Lakes ment Lakes Lakes
800 .091 .046 .023
900 .099 .050 .025
1,000 .108 .054 .027
1,100 .116 .058 .029
1,200 .125 .064 .032
1,300 .133 .068 .034
1,400 .142 .072 .036
1,500 and above .150 .075 .038
c) Multiply the suitable area within each tier by the floor area ratio to yield
total floor area for each tier allowed to be used for dwelling units or
sites.
• d) Divide the total floor area by tier, computed in paragraph 3 above, by
the average inside living area size determined in paragraph 1. above to
determine a base number of dwelling units and sites for each tier.
e) Allowable densities may be transferred from any tier to any other tier
further from the waterbody, but shall not be transferred to any other tier
closer.
3. Proposed locations and number of dwelling units or sites for the commercial
planned development are then compared with the tier, density and suitability
analyses herein and the design criteria as provided in this Division.
G. Density Increase Multipliers:
1. Increases to the dwelling unit or dwelling site base densities previously
determined are allowable if the dimensional standards in this Section are met
or exceeded and the design criteria in paragraph G below are satisfied. The
allowable density increases in 7(b) below will only be allowed if structure
setbacks from the ordinary high water level are increased to at least 50
percent greater than the minimum setback, or the impact on the waterbody
is reduced an equivalent amount through vegetative management,
98
topography, or additional means acceptable to the City and the setback is
at least 25 percent greater than the minimum setback.
2. Allowable dwelling unit or dwelling site density increases for Residential or
Commercial Planned Unit Developments:
Density Evaluation Tiers Maximum Density Increase
Within Each Tier (Percent)
First 50
Second 100
Third 200
Fourth 200
Fifth 200
H. Maintenance and Design Criteria
1. Before final approval of a planned development, adequate provisions shall
be developed for preservation and maintenance in perpetuity of open
spaces and for the continued existence and functioning of the development.
40
2. Open Space Preservation: Deed restrictions, covenants, permanent
easements, public dedication and acceptance, or other equally effective and
permanent means shall be provided to ensure long-term preservation and
maintenance of open space. The instruments shall include all of the
following protection:
(a) commercial uses prohibited (for residential P.D.'s)
(b) vegetation and topographic alterations shall be prohibited except by
routine maintenance.
(c) construction of additional buildings or storage of vehicles and other
materials shall be prohibited.
(d) uncontrolled beaching of watercraft shall be prohibited.
3. Development organization and functioning: unless an equally effective
alternative community framework is established, when applicable, all
residential planned developments shall use an owners association with the
following features:
(a) membership shall be mandatory for each dwelling unit or site purchases
and any successive purchasers;
99 •
(b) each member shall pay a pro-rata share of the association's expenses,
IIIand unpaid assessments shall become liens on units or sites;
(c) assessments shall be adjustable to accommodate changing conditions;
and
(d) the association shall be responsible for insurance, taxes, and mainte-
nance of all commonly owned property and facilities.
I. Open Space Standards
Planned developments shall contain open space meeting all of the following
standards:
1. at least 50 percent of the total project area shall be preserved as open
space;
2. dwelling units or sites, road rights-of-way, or land covered by road surfaces,
parking areas, or structures, except water oriented accessory structures or
facilities, are developed areas and shall not be included in the computation
of minimum open space;
3. open space shall include areas with physical characteristics unsuitable for
development in their natural state, and areas containing significant historic
sites or unpiatted cemeteries;
4. open space may include outdoor recreational facilities for use by owners of
dwelling units or sites, by guests staying in commercial dwelling units or
sites, and by the general public;
5. open space shall not include commercial facilities or uses, but may contain
water-oriented accessory structures or facilities;
6. the appearance of open space areas, including topography, vegetation, and
allowable uses, shall be preserved by use of restrictive deed covenants,
permanent easements, public dedication and acceptance, or other equally
effective and permanent means; and
7. the shore impact zone, based on normal structure setbacks, shall be
included as open space. For residential P.D.'s, at least 50 percent of the
shore impact zone area of existing developments or at least 70 percent of
the shore impact zone area of new developments shall be preserved in its
natural state.
• 100
J. Erosion Control and Stormwater Management
•
Erosion control and stormwater management plans shall be developed and the
P.D. shall:
1. be designed, and the construction managed, to minimize the likelihood of
serious erosion occurring either during or after construction. This shall be
accomplished by limiting the amount and length of time of bare ground
exposure. Temporary ground covers, sediment entrapment facilities,
vegetated buffer strips, or other appropriate techniques shall be used to
minimize erosion impacts on surface water features. Erosion control plans
approved by the Soil and Water Conservation District may be required if
project size and site physical characteristics warrant; and
2. be designed and constructed to effectively manage reasonably expect
quantities and qualities of stormwater runoff. Impervious surface coverage
within any tier shall not exceed 25 percent of the tier area, except that for
commercial P.D.'s increased impervious surface coverage may be allowed
in the first tier of general development lakes with an approved conditional
use permit and stormwater management plan and consistency with Subd.
12 paragraph I of this Section.
K. Centralization and Design of Facilities
•
Centralization and design of facilities and structures shall be done in accor-
dance with the following standards:
1. planned developments shall be connected to publicly owned (municipal)
water supply and sewer systems if available;
2. dwelling units or sites shall be clustered into one or more groups and
located on suitable areas of the development. They shall be designed and
located to meet or exceed the following dimensional standards for the
relevant shoreland classification: setback from the ordinary high water level,
elevation above the surface water features, and maximum height. Setbacks
from the ordinary high water level shall be increased in accordance with
Subdivision 131(7) of this Section for developments with density increases;
3. shore recreation facilities, including but not limited to swimming areas,
docks, and watercraft mooring areas and launching ramps, shall be
centralized and located in suitable areas. Evaluation of suitability shall
include consideration of land slope, water depth, vegetation, soils, depth to
groundwater and bedrock, or relevant factors. The number of spaces
provided for continuous beaching, mooring, or docking of watercraft shall
101 S
not exceed one for each allowable dwelling unit or site in the first tier.
• Launching ramp facilities, including a small dock for loading and unloading
equipment, may be provided for use by occupants of dwelling units or sites
located in other tiers;
4. structures, parking areas, and other facilities shall be treated to reduce
visibility as viewed from public waters and adjacent shorelands by vegeta-
tion, topography, increased setbacks, color, or other means acceptable to
the City, assuming summer, leaf-on conditions. Vegetative and topographic
screening shall be preserved, if existing, or may be required to be provided;
5. accessory structures and facilities, except water oriented accessory
structures, shall meet the required principal structure setback and shall be
centralized; and
6. water-oriented accessory structures and facilities may be allowed if they
meet or exceed design standards provided in this Subdivision of this Section
11.21 and are centralized.
L. Conversions
The City shall not permit existing land uses and facilities to be converted to
residential planned developments.
I • M. Existing dwelling unit or dwelling site densities that exceed standards in
Subdivision may be allowed to continue but shall not be allowed to be
increased.
Subd. 11 Non-conformities
Non-conformities, as of the date of adoption of this Section, may continue, but shall be
administered according to applicable Minnesota State Statutes and other regulations of
the City for future alterations and additions, repair or replacement after damage,
discontinuance of use, and intensification of use; except that the following standards shall
also apply in Shoreland areas:
A. Construction on Nonconforming Lots of Record
1. Lots of record in the office of the county recorder on the date of enactment
of local shoreland controls that do not meet the requirements of Subdivision
8 of this Section may be allowed as building sites without variances from
dimensional requirements provided the use is permitted in the zoning
district, the lot has been in separate ownership from abutting lands at all
times since it became nonconforming, the lot was in compliance with official
• 102
controls in effect at the time it was created, and the lot meets all ill
shoreland co ,
sewage treatment and setback requirements of this Section are met.
2. A variance from setback requirements must be obtained before any use,
sewage treatment system, or building permit is issued for a lot. In
evaluating the variance, the board of adjustment shall consider sewage
treatment and water supply capabilities or constraints of the lot and shall
deny the variance if adequate facilities cannot be provided.
3. If, in a group of two or more contiguous lots under the same ownership, an
9 P 9 P, Y
individual lot does not meet the shoreland dimensional requirements of this
Section, then the lot shall not be considered as a separate parcel of land for
the purposes of sale or development. The lot must be combined with the
one or more contiguous lots so they equal one or more parcels of land,
each meeting the shoreland dimensional requirements of this Section of this
ordinance as reasonably possible.
B. Additions/Expansions to Nonconforming Structures
1. Any additions, enlargements or expansion to the outside dimensions of an
existing nonconforming structure shall meet the setback, height, and other
dimensional requirements of this Section. Any deviation from these
requirements shall be authorized by a variance as provided in this Section.
2. Deck additions may be allowed without a variance to a structure not meeting
the required setback from the ordinary high water level if all of the following
requirements are met:
a) the structure existed on the date the structure setbacks were estab-
lished;
b) a thorough evaluation of the property and structure reveals no reason-
' able location for a deck which would meet or exceed the existing
ordinary high water level setback of the structure;
c) the deck encroachment toward the ordinary high water level does not
exceed 15 percent of the existing setback of the structure from the
ordinary high water level or does not encroach closer than 30 feet,
whichever is more restrictive; and
d) the deck is constructed primarily of wood, and is not roofed or
screened.
103 •
C. Nonconforming Sewage Treatment Systems shall conform to the sewage treatment
• system regulations as provided in this Section.
D. Public Utility Connections
Any new commercial or residential development permitted in any Shoreland District
where available shall be connected to the public utilities.
•
410 104
SECTION 11.30 PERFORMANCE STANDARDS
•
Subd. 1 Purpose.
A. The purpose of performance standards is to establish specific and quantifiable
limitations on identified types of pollution and other activities which have a nuisance
potential. The performance standards apply in all zoning districts unless specifically
stated to the contrary.
Subd. 2 Performance Standards Regulating Exterior Lighting.
A. Exterior lighting shall be designed and arranged to limit direct illumination and glare
upon or into any contiguous parcel. Reflected glare or spill light shall not exceed
five-tenths footcandles as measured on the property line when abutting any residential
parcel and one footcandle on any abutting commercial or industrial parcel. Street
lights installed in public right-of-way shall be excepted from these standards.
B. Mitigative measures shall be employed to limit glare and spill light to protect
neighboring parcels and to maintain traffic safety on public roads. These measures
shall include lenses, shields, louvers, prismatic control devices and limitations in the
height and type of fixtures. The City may also limit the hours of operation of outdoor
lighting if it is deemed necessary to reduce impacts on the surrounding neighbor-
hood.
•
C. No flickering or flashing lights shall be permitted.
D. Direct, off-site views of the light source shall not be permitted except for globe and/or
ornamental light fixtures approved in conjunction with a site and building plan. Globe
and ornamental fixtures shall only be approved when the developer can demonstrate
that off-site impacts stemming from direct views of the bulb are mitigated by the
fixture design and/or location.
E. The City may require submission of a light distribution plan if deemed necessary to
ensure compliance with the intent of this ordinance.
F. All driveways, sidewalks, parking lots, and other common areas shall be sufficiently
illuminated to ensure the security of property and the safety of persons using such
driveways, sidewalks, parking lots, and other common areas and facilities.
G. All entrances and exits in buildings used for nonresidential purposes and in
multi-family residential dwellings shall be adequately lighted to ensure the safety of
persons and the security of the buildings.
105 •
Subd. 3 Performance Standards Regulating Noise and Vibration.
A. Noises emanating from any use shall be in compliance with and regulated by the
g Y P 9 Y
standards of the Minnesota Pollution Control Agency. Any use established or
remodeled after the effective date of this ordinance 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.
B. Hours of Operation of outdoor activities generating noise and including but not limited
to construction, garbage pick-up, recycling pick-up, excavation, utility or street
construction or similar activities shall be limited to the hours between 7 AM and 7 PM
nor shall these activities be conducted on Sundays or legal holidays.
The City Council may expand these hours for any temporary activity by issuance of
a special permit.
Subd. 4 Performance Standards Regulating Smoke and Particulate Matter.
A. No use shall produce or emit smoke, dust or particulate matter exceeding applicable
regulations established by State of Minnesota.
Subd. 5 Performance Standards Regulating Odor.
• A. No use shall produce unreasonable or disturbing odors beyond the property line
exceeding applicable regulations established by the State of Minnesota.
Subd. 6 Performance Standards Regulating Toxic or Noxious Matter.
A. No use or operation shall emit a concentration of toxic or noxious matter across the
property line which exceeds applicable regulations of the State of Minnesota.
Subd. 7 Performance Standards Regulating Radiation.
A. No operation shall be conducted which exceeds the standards established by
applicable regulations of the State of Minnesota.
Subd. 8 Performance Standards Regulating Heat and Humidity.
A. No use shall produce any unreasonable, disturbing or unnecessary emissions of heat
or humidity beyond the property line which cause material distress, discomfort or
injury to persons of ordinary sensitivity.
• 106
Subd. 9 Performance Standards Regulating Electromagnetic Interference.
•
A. No use shall produce electromagnetic interference with normal radio or television
reception in any residential district, or exceed applicable standards established by any
applicable federal or state regulations.
Subd. 10 Performance Standards Regulating Fire and Explosive Hazards.
A. All uses shall be subject to the fire prevention code of the City and regulations of the
State of Minnesota.
Subd. 11 Performance Standards Regulating Liquid or Solid Waste.
A. All uses shall be subject to applicable regulations of the City and the Metropolitan
Waste Control Commission governing discharge into a public storm or sanitary
sewer, waterway or stream.
Subd. 12 Mechanical Equipment Screening.
A. All mechanical equipment possessing one or more of the following characteristics
shall be physically screened from all public streets and adjacent land uses, with either
natural or artificial materials, in a manner architecturally integral to the building(s) on
the site. Said screening shall pertain to but not be limited to exposed and/or
protruding fans, grills, pipes, tubes, wires, vents, unfinished metal covering, exposed
rivets & exposed seams.
Subd. 13 Refuse Storage and Disposal.
A. In all districts except R-1 and R-1 E all refuse, trash, recycling or similar storage, shall
be within the principal building or within a screened enclosure that is attached to the
principal building. Said enclosure shall be designed to be architecturally compatible
with the principal building. Said enclosure shall be of a suitable size to accommodate
all trash & recycling generated from the subject site.
B. In all districts, the requirements of City Code Section 10.01 related to "Storage,
Deposit and Disposal of Refuse" shall be met.
Subd. 14 Architecture and Building Materials.
A. Purpose: In order to protect property values and promote the general welfare of the
City, all buildings and structures shall be designed to accomplish the goals and
objectives of the Comprehensive Plan.
107 S
The design of individual structures shall be sensitive to the general and immediate
• environment of the site relative to architectural design, scale, bulk, color, height, and
orientation. The visual integrity of the area shall not be adversely affected as
determined by the City Council.
B. Exterior Building Finish: In all Districts except the R-1, R-1 E and R-1 D districts at least
fifty (50%) percent of any exterior building finish shall consist of a combination of
materials which are non-combustible, non-degradable and maintenance free.
Wood may be used as an accent material, provided it is appropriately integrated into
the overall building design and not situated in areas which will be subject to damage
associated with heavy use. No exterior building finish shall be sheet aluminum,
asbestos, corrugated aluminum or untreated block. Samples of exterior building
materials shall be submitted with the application.
C. Preparation of Architectural Plans: In all Districts except R-1, R-1 E, R-1 D districts,
architectural plans shall be prepared by a an architect registered in the State of
Minnesota and include elevations of all sides of the building; dimensions of all
structures; location and screening of heating, air-conditioning and ventilation systems.
All sides of all buildings shall be treated as a front with the same architectural
treatment.
Subd. 15 Landscaping.
• A. Findings, Purpose and Scope
1) The City Council finds:
a) Trees produce oxygen, a necessary element for human survival;
b) Trees appreciably reduce the ever-increasing environmentally dangerous
carbon dioxide content of the air and play a vital role in purifying the air
breathed;
c) Trees transpire considerable amounts of water each day, thereby purifying
the air;
d) Trees participate in the natural process of neutralizing waste water passing
through the ground from the surface to ground water tables and lower
aquifers;
e) Trees, through their root system, stabilize the ground water tables and play
an important and effective part in soil conservation, erosion control, and
flood control;
f) Trees are an invaluable physical, aesthetic, and psychological counterpoint
to the urban setting, making urban life more comfortable by providing shade
and cooling the air and land, reducing noise levels and glare, and breaking
the monotony of human developments on the land, particularly parking
areas; and
• 108
g) Trees affect the desirability of land and its property values.
2) Purpose:
Based on the foregoing findings, the Council declares that it is desirable and
essential to the health, safety, and welfare of the City to protect certain existing
trees and plant materials, to require new and additional plant materials and
trees, to prohibit the planting of certain species and to require the maintenance
of plant materials and trees as set forth in this Section.
3) Scope:
The provisions of this Section shall apply only to privately-owned property,
excluding any property within public rights-of-way which are regulated in
Chapter 7 of the City Code.
B. Landscape Plan
1.) Plan Required. A landscape plan shall be approved by the City and implement-
ed by the property owner.
a) For any new development in any Commercial, Multiple residential, (R-2, R-3,
& R-4) Industrial and Institutional Zoning District and for all new develop-
ments, except single-family dwellings, in Planned Development Districts or
as otherwise provided by specific planned development agreements.
b) For any existing Commercial, Industrial or Institutional building to be
expanded by ten (10) percent or greater square feet, where an approved
landscape plan is not on file with the City; and
No building permit for any construction described in Subparagraphs (a) and
(b) of this Paragraph shall be issued unless a landscape plan required
hereunder is approved by the City.
The plan as required under Subparagraph (b) of this Paragraph may be
implemented over a period of three (3) years and a performance guarantee
shall not be required. However, if the plan is not fully implemented within
three (3) years, the City may complete the landscaping, and if necessary,
attempt to recover its cost from the benefitted property for the improvement.
2. Landscape Plan Required
In every case where landscaping is required by provisions of the City Code or
by an approval granted by the City, for a building or structure to be constructed
109 •
on property, the applicant for the building permit shall submit a landscape plan
• prepared in accordance with the provision of this Section. The Landscape Plan
shall include the following information:
a) General: Name and address of developer, owner, and contact person;
name and address of Minnesota registered landscape architect, or
Minnesota certified nurseryperson; date of plan preparation; date and
description of all revisions; name of project or development.
b) Site Map: One (1) scale drawing of the site based upon a survey of
property lines with indication of scale and north point; name and alignment
of proposed and existing adjacent on-site streets; location of all proposed
and existing utility easements and right-of-ways; location of existing and
proposed buildings; topographic contours using intervals; existing and
proposed location of parking areas; water bodies; proposed sidewalks and
trails.
c) Two (2) scale drawings of proposed landscaping for the site based upon a
survey of property lines with indication of scale and North point; existing and
proposed topographic contours using mean sea level datum at two-foot
intervals; details of proposed planting beds and foundation plantings;
delineation of both sodded and seeded area; location and identification of
proposed landscape or man-made materials used to provide screening from
adjacent and neighboring properties; location and identification of trees;
details of fences, tie walls, planting boxes, retaining walls, berms and other
landscape improvements and details in legible scale; location of landscape
islands and planter beds with identification of plant materials used.
d) Planting Schedule: A table containing the common names and botanical
names, size of plant materials, root specifications, quantities, and special
planting instructions.
3) Performance Guarantee.
a) A Performance Guarantee shall be required to insure completion and
maintenance of all landscape plans required by the City for preliminary plats
and building permits.
b) The Performance Guarantee shall be approved in form as to security by b the
City.
c) The Performance Guarantee shall be five thousand ($5,000) dollars unless
another amount is set by the City Council.
d) The Performance Guarantee shall cover one full calendar year subsequent
to the completion and satisfactory acceptance by the City of implementation
110
of the approved Landscape Plan and shall only be released upon inspection
and written acceptance by the City.
•
e) For any landscaping or screening that is unacceptable, the applicant shall
replace the material to the satisfaction of the City before the Guarantee is
released. Where this is not done, the City, at it's sole discretion, may use
the proceeds of the Performance Guarantee to accomplish performance.
When the Performance Guarantee is insufficient to complete the landscap-
ing, the City may complete the landscaping.
C. Landscape Specifications
1. Definitions. For purpose of this Section, the following definitions shall apply:
a) Caliper: The length of a straight line measured through the trunk of a tree
six (6) inches above ground level.
b) Coniferous/Evergreen Tree: A woody plant which, at maturity, is at least
thirty (30) feet or more in height, having foliage on the outermost portion of
the branches year-round.
c) Deciduous Overstory Shade Tree: A woody plant which, at maturity, is at
least thirty (30) feet or more in height, having foliage on the outermost
portion of the branches year-round.
d) Deciduous Understory Ornamental Tree: A woody plant which, at maturity,
is less than thirty (30') feet or more in height, with a single trunk,
unbranched for several feet above the ground, having a defined crown
•
which loses leaves annually.
e) Plant Material Average Size (Coniferous): The total height of all coniferous
trees six (6') feet or over, divided by the total number of such trees.
f) Plant Materials Average Size (Shade or Ornamental): The total diameter of
all deciduous overstory trees two and one-half (2 1/2") inches or more in
diameter, divided by the total number of trees.
2. All Landscape Plans shall be implemented in accordance with the following
requirements together with all other City Code regulations.
a) Minimum size at time of planting:
1) Deciduous overstory plantings shall be a minimum of two and one-half
(2 1/2") caliper inches.
2) Deciduous understory trees shall be a minimum of one and one-half (1
1/2") caliper inches.
3) Coniferous trees shall be a minimum of six (6') feet in height.
4) Hedge materials shall be a minimum of three (3') feet in height.
b) Minimum Required Plant Material: The Landscape Plan and landscaping
thereunder shall provide for plant material equal to three (3%) percent of the
111 •
value of the building (s), not including the cost of land and site improve-
• ments.
Credit may be given for existing plant materials, which will be preserved.
The City may approve a landscape plan, which does not meet this standard,
where the intent and purpose of this ordinance is otherwise met.
c) Planting Islands: Planting islands shall be required where necessary to
visually breakup expanses of hard surface parking areas, for safe and
efficient traffic movement, and to define rows of parking. Planting islands
shall occupy at least five (5%) percent of the parking area. Plantings islands
shall not be required in parking areas for less than fifty (50) parking spaces.
Planting shall be in accordance with Chapter 11 of the City Code.
d) Method of Installation: All deciduous and coniferous trees shall be balled
and burlapped, staked, guyed and planted in accordance with National
Nurseryman's standards.
e) Lawn Maintenance and Establishment: Lawn maintenance and establish-
ment shall be required in accordance with Chapter 10 of the City Code.
f) Slopes and Berms: Slopes and berms steeper than three (3) feet horizontal
• to one (1) foot vertical shall not be permitted unless specifically approved by
the City. In areas where steeper slopes are allowed, there shall be special
landscape treatment such as special seed mixtures, terracing or retaining
walls.
g) Landscape Maintenance: The property owner shall be responsible for the
maintenance of all landscaped areas and the installation of healthy
replacement plants for any plants that die or are removed due to disease.
Maintenance shall include removal of litter, dead plant materials, unhealthy
or diseased trees, and necessary pruning. Natural water courses within a
buffer shall be maintained as free flowing and free of debris.
h) Erosion Control: All areas of any site shall be maintained in accordance with
provisions of the Eagan Erosion Control Manual, and other requirements of
the City Code.
i) Placement of Plant Materials: No plant materials shall be permitted within
any utility easement or street right-of-way except as otherwise permitted
under Chapter 7 of the City Code.
112
j) Diseased and Nuisance Trees: Prior to grading all diseased and nuisance •
trees, on the subject property, shall be identified by the City Forester in
accordance with Chapter 10 of the City Code. All diseased and nuisance
trees so identified shall be removed from the property at the time of grading
and prior to the commencement of building construction.
k) Tree Preservation: Tree preservation shall be required in accordance with
the Tree Preservation Guidelines as adopted by the Eagan City Council.
D. Landscaping Along Freeway Corridors.
1. Purpose. The provisions in this Paragraph are adopted in order to preserve,
protect and enhance existing landscapes which were provided by the
Minnesota Department of Transportation and is located along Interstate
Highways 35E and 494 and T.H. 77 (Cedar Avenue).
2. Visual Penetration Areas. These requirements herein shall apply to those areas
along the freeway system in the City where the visual penetration of the
motorist extends beyond the right-of-way boundary as identified in the Eagan
Comprehensive Plan.
3. Existing Wood Lots. Existing wooded areas designated in the Eagan
Comprehensive Guide Plan shall be preserved for a minimum of fifty (50') feet
adjacent and parallel to the freeway right-of-way. Beyond fifty (50') feet, existing
wooded areas shall be preserved except that a maximum of forty (40%) percent
may be developed with an impervious surface provided all other applicable
ordinances of the City pertaining to impervious surface, preservation of trees,
vegetation and slopes are met.
4. Screening Visual Penetration Areas: Adjacent to the freeway right-of-way, as
identified in the City Comprehensive Guide Plan, a planting screen of a mixture
of overstory and understory coniferous plant material shall be planted which
shall provide a visual screen at time of maturity.
This planting shall be provided within the minimum twenty-five (25) foot setback
area required adjacent to freeway right-of-way.
E. Irrigation System
1. System Required
a) All Landscape Plans and implementation thereof required by this Section
shall include an underground irrigation system as follows:
113 •
R-1 District: Not Required
• R-2 District : Required
R-3 District Required
R-4 District : Required
Commercial Districts: Required
Industrial & R.D. Districts: Required
Public Facilities: Required
Agricultural: Not Required
Public Parks: Not Required
Planned Development: Refer to above districts and related uses
b) Exception: If the property area to be landscaped is very large or reserved
for future expansion or the system would not be in keeping with the
character of the area as determined by the City, an underground irrigation
system is not required.
2. System Specification: All irrigation systems shall be a fully automatic program-
mable system, capable of alternate date watering. Each system shall be
capable of achieving one inch of precipitation per week under an alternate day
watering regime. The system shall provide head to head coverage with uniform
levels of total precipitation throughout all irrigated areas, and shall provide full
and equal coverage onto public right-of-way to the back of curb. Systems
which extend beyond private property onto public rights-of-way shall be subject
411 to approval by the City under Chapter 7 of the City Code. The system shall
meet Minnesota Department of Health standards and shall provide backflow
precentors. All systems shall have a designated billing address.
F. Screens and Buffers
1. Definition and Purpose. Screens and buffers are designated units of yard or
open area where distance, planting, berming and fencing help minimize adverse
impacts of public nuisances, such as: noise, glare, activity, or dust; which are
oftentimes associated with parking, storage, signs or buildings.
2. Screens and Buffers Requirements:
a) All parking, loading service, utility, and outdoor storage areas shall be
screened from all public streets and adjacent differing land use by a
combination of any of the following: earth mounds, walls, fences, shrubs,
deciduous overstory, understory or coniferous trees or hedge materials.
The height and depth of the screening shall be consistent with the height
and size of the area to be screened. When natural materials, such as trees
or hedges, are used to meet the screening requirements of this Paragraph,
• 114
density and species of planting shall be such as to achieve seventy-five •
(75%) percent opacity year round at maturity.
b) Buffers: All lot boundary lines shall be bordered by a buffer which shall not
extend into or be located within any portion of a street right-of-way. Where
a required drainage, utility or other easement is partially or wholly within a
required buffer, the developer shall design and implement an alternative
buffer to eliminate or minimize plantings within the required easement. Such
design may necessitate choosing a buffer with more land area and fewer
required plantings.
c) Exception to Requirements: Buffer yard requirements may be waived or
modified by the City where the intent is otherwise satisfied by significant
change in elevation, and existing screen, significant distance or similar
circumstances.
3. Completion Deadline: All plant materials required within a specified buffer yard
shall be planted to completion within six (6) months from date of issuance of
a building permit unless otherwise approved by the City due to the time of the
year or construction for a large project. In no case shall the period exceed six
(6) months from issuance of the certificate of occupancy.
4. Responsibility for Buffer: The property owner of the heavier use district shall be
responsible for the establishment of a buffer. An adjacent owner of the lighter •
use shall be required to provide plant material and other normal landscape
features along the common lot line which will aid in the creation of the buffer.
G. Trees on Public Property
Trees located within the public right-ow-way (boulevard area) or public easement shall
be planted and maintained in accordance with the provisions of Chapter 7 of the City
Code.
H. Prohibited Tree Species
It shall be unlawful to introduce any of the following prohibited species to any lot or
land parcel where such trees are not naturally occurring or to plant upon public land
or right-of-way:
Gingko (female only)
Box Elder
Non-disease resistant Elm Species
Non-hybrid Cottonwood Species
115
Subd. 16 Protection Use of Trees.
• No trees shall be used for signs, permanent lighting, antennas or similar use.
Subd. 17 Street Lights.
Street lighting systems shall be installed and maintained as provided and regulated
in City Code Section 3.60.
Subd. 18 Sidewalks, Trails and Pedestrian Walkways.
Sidewalks, trails and pedestrian walkways shall be provided and maintained in
accordance with the adopted Comprehensive Trails Plan on file with the City Park
Department.
Subd. 19 Water Quality.
All development shall be in accordance with the provisions of the City Water Quality
Plan, dated April 1990 and Amendments thereto. All development shall also comply
with Section 13.20 of the Eagan City Code (Subdivision Regulations) related to Water
Quality and dedication of ponding areas.
Subd. 20 Design and Maintenance of Off-Street Parking Areas.
• A. New and Expanded Parking Area: The following requirements shall pertain to all
P 9
zoning districts. The requirements shall also pertain to all new off-street parking
areas and to existing lots where the expansion exceeds twenty-five (25%) percent or
adds twenty (20) or more spaces, whichever is less. For expansion areas as qualified
above, the requirements shall pertain to the entire lot.
B. Drainage: All parking lots and driveways shall be graded according to a drainage
plan which has been approved by the City. Catch basins, and underground storm
sewers shall be required as approved by the City.
C. Lighting: Any lighting used to illuminate an off-street parking area shall be shaded
or diffused so as to reflect the light away from the adjoining property and away from
abutting traffic.
D. All parking and loading areas, aisles and driveways shall be bordered with raised
concrete curbs approved by the City. Single family and two family dwelling
developments shall be exempted from this requirement.
116
E. All parking, loading and driveway areas shall be surfaced with asphalt, concrete or
equivalent material approved by the City except single family homes.
•
Driveways on developed single-family lots shall be surfaced for a minimum distance
twenty (20) feet from the abutting public street with the same or better surface than
that which exists upon the public street.
F. Driveways shall not exceed a grade of ten (10%) percent in the R-1, R-1 E and R-10
districts and eight (8%) percent in all other districts. A level landing area not
exceeding five (5%) percent shall be provided for an automobile in front of the garage
on residential single-family lots.
G. Driveways to all lots in all districts shall be designed so that vehicles may exit without
backing onto a public street except for those lots along local residential streets as
defined in the City Comprehensive Plan.
All other lots shall provide a turn-around to avoid backing onto the public street.
H. Parking areas of all developments shall be designed so that sanitation, emergency,
and other public service vehicles can serve such developments without the necessity
of backing unreasonable distances or making other dangerous or hazardous turning
movements.
I. Parking areas shall be designed so that vehicles cannot extend beyond the perimeter 4,
of such area onto adjacent properties or public rights-of-way. Such areas shall also
be designed so that vehicles do not extend over sidewalks or tend to bump against
or damage any wall, vegetation, or other obstruction.
J. Circulation areas shall be designed so that vehicles can proceed safely without
posing a danger to pedestrians or other vehicles and without interfering with parking
areas.
K. Fire Protection: Parking areas shall be designed in a manner which will provide for
adequate fire lanes and fire protection as determined by the City.
Parking shall not be allowed adjacent to any side of a building or structure in order
to provide fire lanes and adequate fire protection for the building or structure.
L. Parking Space Dimensions:
1) Each parking space shall contain a rectangular area at least twenty (20') feet
long and ten (10') feet wide. The length may be reduced to eighteen (18) feet
for curb stop parking. Lines demarcating parking spaces may be drawn at
117 110
various angles in relation to curbs or aisles, so long as the parking spaces so
created contain within them the rectangular area required by this section.
2) Wherever parking areas consist of spaces set aside for parallel parking, the
dimensions of such parking spaces shall be not less that twenty-two (22') by
ten (10') feet.
3) Parking space width may be reduced to nine (9') feet in areas designated and
posted for "employee parking only".
4) Parking area aisle widths shall conform to the following, which varies the width
requirement according to the angle of parking:
Parking Angle
le
Aisle Width 0 Degrees 30 Degrees 45 Degrees 60 Degrees 90 Degrees
One-Way 13 11 13 18 24
Traffic
Two-Way 19 20 21 23 24
Traffic
5) Access driveways leading to a public street shall be a minimum of twenty-four
(24') wide for two-way traffic and twenty (20') feet for one-way traffic.
6) Each lane for drive-in windows shall be a minimum of twelve (12') feet wide.
7) Except in the R-1, R-1E and R-LD districts, all parking stalls shall be marked
with painted lines not less than four (4") inches wide in accordance with the
approved site and building plan. This shall be done in accordance with any site
plan approved by the City where such approved plan exists.
8) All parking lots shall provide islands as required in Section 11.30 Subdivision
15C2(c).
9) Handicap parking shall be provided in accordance with MN State Statutes.
N. Maintenance:
1) All parking and driveway areas shall be kept free of foreign particles such as
dirt, glass, rocks, and debris, and maintained in an otherwise clean condition.
118
2) All parking and driveway areas shall be properly maintained and kept free of
depressions, cracks, chuck holes or similar nuisance characteristics.
•
3) Required parking and driveway areas shall not be used for snow storage,
outside storage, or uses which would otherwise occupy the required parking
spaces.
O. Required Off-Street Parking:
1) Purpose. The purpose of this Subparagraph is to prevent a shortage of curb
spaces where allowed and to utilize the streets for their primary use, the safe
and convenient movement of traffic.
2) Basic Requirements:
a) Off-street parking facilities shall be provided at the time of initial occupancy
or enlargement of a structure.
b) The City shall determine the requirement for any use not specifically listed
in this subdivision, using specific requirements of the subdivision as a guide.
c) Fractional numbers of parking spaces required shall be adjusted to the next
higher whole number.
d) In churches and other places of public assembly in which patrons or
spectators occupy benches, pews or other similar seating facilities, each
twenty-four (24") inches of such seating shall be counted as one seat for the
purpose of this subdivision.
e) Except in shopping centers or where joint parking arrangements have been
approved, if a structure contains two or more uses, each use shall be
calculated separately in determining the total off-street parking spaces
required.
f) Where a change in occupancy of over ten thousand (10,000) square feet of
accumulative space is proposed for any building, the City shall be notified
in order that the required number of off-street parking can be determined.
Said change in occupancy shall only be p ermitt ed where e an adjacent
number of off-street parking spaces is available as determined by the City.
g) For mixed-use buildings, parking requirements may be determined by the
City based on the existing and potential uses of the building. In cases
119
where future potential uses of a building will generate additional parking
• demand, the City may require a parking plan for the difference between
minimum parking requirements and the anticipated future demand.
g) If warranted by unique characteristics and/or documented parking demand
for similar developments, the City may allow reductions in the number of
parking spaces actually constructed as long as the applicant provides a
future parking plan. The plan must show the location for all minimum
required parking spaces in conformance with applicable setback require-
ments. The City may require installation of the additional parking spaces
whenever the need arises.
h) Joint Parking Facilities: Required parking facilities serving two or more uses
may be located on the same lot or in the same structure except in
Residential Districts provided that the total number of parking spaces so
furnished shall not be less than the sum total of the separate requirements
for each use during any peak hour parking period when the parking facility
is utilized at the same time by two or more uses. Conditions required for
joint use are:
1) The proposed joint parking space is within 400 feet of the main entrance
of the use it will serve;
2) The applicant shall show that there is no substantial conflict in the
principal hours of the two or more buildings or uses for which joint use
of off-street parking facilities is proposed; and,
3) A properly drawn legal instrument approved by the City executed by the
parties concerned for joint use of the off-street parking facilities shall be
filed with the City. Said instrument may be a three or more party
agreement including the City.
i) The minimum required parking spaces shall be provided and
maintained by ownership, easement or lease, for and during the
life of the respective uses hereinafter set forth.
3) The minimum required number of off-street parking spaces for each use shall
be as follows:
a) Single family dwelling and two family dwelling: two parking spaces for each
dwelling unit. 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 submitted when applying for a building
permit to construct a dwelling or alter an existing dwelling.
• 120
b) Multiple family dwelling:
Type of Unit Minimum Off-Street Parking Spaces
•
Studio 2
1 Bedroom 2
2 Bedroom 2 1/2
3 Bedroom 3
In addition, there shall be one (1) guest space provided (off-street) for each
four (4) dwelling units.
c) Senior citizen housing developments: The City Council shall determine the
minimum required number of off-street parking spaces, guest parking and
garage spaces when reviewing individual plans based upon the characteris-
tics and projected type of occupancy of each development.
d) General/Administrative Office:
Gross Floor Area Ratio
1 - 60,000 sq. ft. 5.0/1000 sq. ft.
60,001 - 70,000 sq. ft. 4.9/1000 sq. ft.
70,001 - 80,000 sq. ft. 4.8/1000 sq. ft.
80,001 - 90,000 sq. ft. 4.7/1000 sq. ft.
90,001 - 100,000 sq. ft. 4.6/1000 sq. ft.
100,001 - 150,000 sq. ft. 4.2/1000 sq. ft.
150,001 - plus sq. ft. 4.0/1000 sq. ft.
e) Medical or Dental Clinic: At least three (3) parking spaces for each staff
doctor practicing on the premises at any one time or one (1) space for each
one hundred fifty (150) square feet of gross floor area, whichever is greater.
f) Retail Stores:
Gross Floor Area Ratio
0 - 20,000 sq. ft. 6.6/1000 sq. ft.
20,001 - 100,000 sq. ft. 6.0/1000 sq. ft.
0100,001 - plus sq. ft. 5.5/1000 sq. ft.
g) Theater: At least one (1) parking space for each three (3) seats.
h) Fast Food and Prepared Food Establishment: At least one (1) parking
space for each three (3) seats for the restaurant area plus one space for
each employee on the largest shift. For drive-up windows there shall be a
121 •
minimum of six (6) stacking spaces for each window. There shall be a
minimum of thirty-five (35) parking spaces for any free standing building.
Where liquor is provided there shall be in addition, a minimum of one (1)
parking space for each seventy (70) square feet of gross floor area in the
lounge or bar.
i) Bowling Alley: At least five (5) parking spaces for each alley, plus additional
spaces as may be required herein for related uses such as a restaurant.
j) Motor Fuel Station: At least four (4) off-street parking spaces plus two (2)
off-street parking spaces for each service stall.
k) Motor Fuel/Convenience Retail: At least one (1) space for each one
hundred (100) gross square feet of floor area, plus one space for each
employee on the largest work shift. Parking spaces at the pump islands
may be used in determining the required number of parking spaces except
that there shall be a minimum of eight (8) customer spaces not at pump
islands and employee parking can not be at pump islands.
I) Motel: At least one (1) space for each dwelling unit or lodging room. Plus
one (1) additional space for each eight (8) units. Additional space shall be
required for liquor or restaurant facilities.
m) Church, Clubs: At least one (1) parking space for each three and one- half
(3 1/2) seats based on the design capacity of the main assembly hall.
n) Convalescent Home, Rest Home or Nursing Home: At least one (1) parking
space for each six (6) beds for which accommodations are offered, plus one
(1) additional parking space for each fifteen (15) beds.
o) Restaurants & Lounges: At least one (1) parking space for each three (3)
seats for the restaurant area plus one (1) space per each seventy (70)
square feet of gross floor area for the lounge or bar, plus one (1) space for
each employee on the largest work shift.
p) Banks, Savings & Loan: At least one (1) parking space for each one
hundred and fifty (150) square feet of gross floor area plus five (5) stacking
spaces for each drive-in window, plus one (1) for each employee on the
largest work shift.
q) Health & Fitness Facility: At least one (1) parking space for each 225 sq.
ft. of gross floor area.
• 122
r) Skating or Roller Rink: At least one (1) parking space for each 200 square •
feet of gross floor area.
s) Day Care Facility: One (1) parking space for each six (6) children based on
the licensed capacity of the facility and one (1) space for each employee.
Provisions shall also be made for a convenient and safe child pick up area.
In addition, space for future parking shall be available equal to the minimum
requirements for an office building.
t) Manufacturing, Processing or Assembly Plant: One (1) parking space for
each employee on the major shift or one (1) parking space for each 350
square feet of gross floor area devoted to manufacturing plus one (1) space
per 250 square feet of gross floor area devoted to office use, whichever is
greater, plus one (1) space for each motor vehicle customarily kept on the
premises.
u) Wholesale Business, Storage or Warehouse Establishment: One (1) parking
space for each 1,000 square feet of gross floor area for any building where
storage and warehousing is an incidental use to other activity, required
parking spaces shall be based upon the specific requirements for each use
appearing in this subdivision. Parking requirements for a mixed use building
or a building designed to contain mixed uses shall be calculated by
allocating a minimum of fifty (50%) percent of gross floor area to the most
intense use.
P. Requirements for Loading Areas.
Loading and unloading requirements shall be in compliance with the following:
1) Any use which the City believes requires the provision of designated spaces for
the loading, unloading or parking of trucks or semi-trailers shall provide such
spaces and maneuvering area in the number and configuration which shall be
deemed necessary by the City in order to prevent interference with the use of
the public right-of-way and with vehicles entering onto or exiting from the public
right-of-way;
2) Loading spaces and the associated maneuvering area shall be a minimum of
100 feet from the property line of any property which is zoned for or designated
in the Comprehensive Plan as residential.
Q. Requirements for Driveways.
1. All driveways opening onto a public street, except R-1, R-1 E and R-1 D Districts
shall be subject to the following regulations:
123 •
a) Minimum dista n ce betwee n driveways: Determined by the Ci ty but no I
ess
• than fifty (50) feet as measured from driveway centerline.
Where shared parking is approved by the City, the City shall determine the
number of driveways and distance between driveways.
b) Number of Driveways: One per lot unless otherwise approved by the City
in approving a site plan.
c) Driveway Widths at Curb Line:
One-Way 20 feet
Two-Way 24 to 30 Feet as determined by the City
d) Driveway Angle to Public Street: 90 degrees for a minimum distance ce of 30
feet back from the street curb line.
e) Driveway Alignment: Driveways shall align with across street driveways as
may be required by the City.
f) Minimum driveway return radius - 6 feet.
g) Minimum setback of driveway from side lot line shall be 5 feet.
h) Driveway Setback from Intersections: The minimum setback of driveways
Y Y
from public street intersections as measure from the corner lot right-of-way
intersection line to the centerline of the driveway shall be:
Driveway Located Along
Intersecting Local NB Community Minor * Major *
Street Street Collector Collector Arterial Arterial
Local Street 50 ft. 50 ft. 50 ft. County * State *
NB Collector 50 ft. 50 ft. 60 ft. County State
Community 50 ft. 60 ft. 60 ft. County State
Collector
Minor Arterial 60 ft. 60 ft. 60 ft. County State
Major Arterial 60 ft. 60 ft. 60 ft. County State
* Driveway locations to be determined by Dakota County or MN Department of
Transportation (MnDot).
• 124
2. All driveways opening onto a public street in the R-1, R1E and R1 D Districts
shall be subject to the following regulations.
a) Minimum Distance Between Driveways: determined by driveway side yard
setback.
b) Number of Driveways: One per lot unless otherwise approved by the City.
c) Driveway Widths at Curb: Maximum twenty four (24) feet.
d) Minimum Setback from side lot line: five (5) feet.
e) Setback from Intersections: Same as required in Section 11.30 Subdivision
20 Q1h.
R. Traffic Studies.
The city may require a traffic analysis to be prepared by a registered traffic engineer
approved by the City to assess potential traffic impacts on local streets and highways.
If impacts on service levels of roadways and intersections are anticipated, the project
will be approved only contingent upon a traffic management plan that adequately
mitigates those impacts. The plan may include travel demand management
strategies, use of transit facilities or other appropriate measures to reduce traffic
generation, and the necessary improvements to road systems. The developer shall
have the responsibility to install all necessary road system improvements and to pay
for the preparation of the Traffic Study.
S. Proof of Parking.
•
The City may modify any of the specific parking requirements set forth in this
subdivision where the owner or occupants proves to the satisfaction of the City that
an adequate number of parking spaces will be provided for existing and future uses.
125 •
SECTION 11.40 ADMINISTRATION AND ENFORCEMENT.
• Subd. 1 Enforcing Officer.
A. The City Zoning Administrator is the Enforcing Officer and shall be responsible for the
administration and enforcement of this Ordinance. The Zoning Administrator shall
create and maintain such systems of records, maps, and files, and establish such
administrative procedures as are necessary to promote the efficient administration of
this ordinance. The Zoning Administrator may designate such additional persons as
may be necessary or convenient to administer and enforce this ordinance.
B. The Enforcing Officer shall enforce this Chapter and in furtherance of said authority,
may:
1) Enter upon the land or within a building during reasonable working hours as
found necessary to fulfill his duties as administrator of this Chapter.
2) Conduct inspections of buildings and use of land to determine compliance with
the terms of this Chapter.
3) Institute in the name of the City, appropriate actions or proceedings against a
violator as provided by law.
• 4) Establish and enforce necessary or desirable regulations in writing, clarifying or
explaining any provision of this Chapter.
Subd. 2 Board of Adjustments and Appeals.
A. The Council shall act as the Board of Adjustments and Appeals.
B. The Board of Adjustments and Appeals shall meet within 21 days from the date of
receipt of an application for an appeal to consider all appeals from decisions of the
Building Inspector under the Building Code, determinations made by the City staff in
the enforcement of this Chapter, Council decisions, and such other matters as may
be indirectly referred to it by the Council.
C. The Board of Adjustments and Appeals shall make a finding of fact and make a
decision on appeal where it is alleged by the applicant that an error has occurred in
the order, requirement, decision or determination in accordance with the procedures
described in Subdivision 3 hereof, except that the appeal request may go directly to
the Council serving as the Board of Adjustments and Appeals. All appeals shall be
filed no later than ninety (90) days after the alleged error.
• 126
D. The Board of Adjustments and Appeals shall decide whether to approve or deny the al
appeal within sixty (60) days after the appeal request is submitted to it.
E. The grant of an appeal shall be by two-thirds (2/3) vote of the full Council serving as
the Board of Adjustments and Appeals.
Subd. 3 Variances.
A. Purpose: The Council may grant variances from the strict application of the
provisions of the applicable City Code provisions and impose conditions and
safeguards in the variances so granted where practical difficulties or particular
hardships result from carrying out the strict letter of the regulations of such City Code
provisions.
B. Procedures:
1) Request for variance shall be filed with the City on an official application form.
Such application shall state the exceptional conditions and the peculiar and
practical difficulties claimed as a basis for a variance and shall be accompanied
by a fee as established by Council resolution. This fee shall not be refunded.
Such application shall also be accompanied by sufficient copies of detailed and
written and graphic materials necessary for the explanation of the request as
prescribed by the City, together with a list of property owners affected or within
200 feet of the outer boundaries of the subject property. The request shall be
considered as being officially submitted when all the information requirements
are complied with.
2) The City Council shall make a finding of fact and review each request for
variance and approve or deny said request. All owners of property located
within two hundred (200) feet of the outer boundaries of the subject property
shall be mailed a notice of the request for variance plus those that the City
determines are affected by the variance. In formulating its decision, the Council
shall consider the effect of proposed variance on the Comprehensive Guide
Plan and on the character and development of the neighborhood. In cases
when a variance is requested with an application for approval of a preliminary
plat, the Council shall make its recommendation simultaneously with its
preliminary plat decision. No additional fee nor application shall be required
and such request for variance shall be included with the application for
preliminary plat approval. The Council shall have the power to establish such
conditions related to the variance regarding the location, character, and other
features of the proposed building, structure or use as it may deem to be in the
interest of the intent and purpose of this Chapter.
127 •
3) In considering all requests for a variance, or any subsequent appeal, the
• Council shall make a finding of fact that the proposed action will be in
accordance with Criteria set forth in paragraph C "Issuance" below.
C. Issuance: The Council may hold a public hearing on the variance request if it deems
it necessary or advisable. The procedures for the notice and public hearing shall be
the same as that described in Subdivision 5, Subparagraph D hereof except that the
public hearing shall be held by the Council. If the Council shall determine that the
special conditions applying to the structures or land in question are peculiar to such
property or immediately adjoining property and do not apply generally to other land
or structures in the district in which said land is located, and that the granting of the
application is necessary for the applicant and that granting of the proposed variance
will not be contrary to the intent of this Chapter and the Comprehensive Guide Plan
and that the granting of such variance will not merely serve as a convenience to the
applicant, but is necessary to alleviate demonstrable hardship or difficulty, the Council
may grant such variance and impose conditions and safeguards therein.
D. Denial: Variances may be denied by the Council and such denial shall constitute a
finding and determination that the conditions required for approval did not exist.
E. Lapse of Variance or Appeal: Whenever within one (1) year after granting a variance
or appeal the use as permitted by the variance or appeal shall not have been
completed or utilized, then such variance or appeal shall become null and void unless
4110 a petition for extension of time in which to complete or to utilize the use has been
granted by the Council. Such extension shall be requested in writing and filed with
the City Clerk at least thirty (30) days before the expiration of the original variance or
petition. The request for extension shall state facts showing a good faith attempt to
complete or utilize the use permitted in the variance or appeal. Such petition shall be
presented to the Council for a decision.
Subd. 4 Conditional Use Permits.
A. Purpose: Conditional uses include those uses which are not generally suitable within
the zoning district, but which may under some circumstances be suitable.
The
applicant shall have the burden of proof that the use is suitable and that the
standards set forth in this Subdivision 4 have been met.
B. Application, Public Hearing, Notice and Procedure: The application, public hearing,
public notice and procedure requirements for conditional use permits shall be the
same as those for amendments as provided in Subdivision 5 hereof, except that the
permit shall be issued on the affirmative vote of a majority of the entire Council.
Although specific submissions required to complete an application for a conditional
use permit may vary with the specific use and the district in which it is located, all
applications for such permits be filed with the Director of Community Development
128
on a form prescribed by the Director of Community Development on a form
prescribed by the Director of Community Development.
•
C. Standards: The Planning Commission shall recommend a conditional use permit and
the Council shall issue such conditional use permits only if it finds that such use at
the proposed location:
1) Will not be detrimental to or endanger the public health, safety, or general
welfare of the neighborhood or the City.
2) Will be harmonious with the general and applicable specific objectives of the
City's Comprehensive Plan and Ordinances.
3) Will be designed, constructed, operated and maintained to be compatible in
appearance with the existing or intended character of the general vicinity and
will not change the essential character of that area, nor substantially diminish
or impair property values within the neighborhood.
4) Will be served adequately by essential public facilities and services, including
street, police and fire protection, drainage structures, refuse disposal, water and
sewer systems and schools.
5) Will not involve uses, activities, processes, materials, equipment and conditions
of operation that will be hazardous or detrimental to any persons, property or
the general welfare because of excessive production of traffic, noise, smoke,
fumes, glare or odors.
6) Will have vehicular ingress and egress to the property which does not create
traffic congestion or interfere with traffic on surrounding public streets.
7) Will not result in the destruction, loss or damage of a natural, scenic or historic
feature of major importance.
D. Conditions: In reviewing applications of conditional use permits, the Planning
Commission and the Council may attach whatever reasonable conditions they deem
necessary to mitigate anticipated adverse impacts associated with these uses, to
protect the value of other property within the district, and to achieve the goals and
objectives of the Comprehensive Plan. In all cases in which conditional uses are
granted, the City Council shall require such evidence and guarantees as it may deem
necessary as proof that the conditions stipulated in connection therewith are being
and will be complied with.
E. Permittee: A conditional use permit shall be issued for a particular use and not for
a particular person.
129 •
F. Proof of Recording: The applicant shall record the conditional use permit with Dakota
• County within sixty (60) days of approval by the City Council and shall provide the
City with proof of recording before any permit related to the C.U.P. is issued by the
City.
G. Periodic Review, Term of Permit: A periodic review of the use may be attached as
a condition of approval of a conditional use permit. Unless otherwise stipulated, the
term shall be the life of the use. The City may charge a fee in order to cover the
administration cost of inspection, reporting and record keeping.
H. Revocation: Failure to comply with any condition set forth in a conditional use permit,
or any other violation of City Ordinances, shall also constitute sufficient cause for the
termination of the conditional use permit by the City Council following a public hearing
as provided in Section 11.40 Subdivision 5.
I. Expiration: In any case where a conditional use has not been established within one
year of the date on which the conditional use permit was granted, the permit shall be
null and void. If the conditional use is discontinued for six (6) months, the conditional
use permit shall be null and void.
J. The grant of a conditional use permit shall be by two-thirds (2/3) vote of the City
Council.
110 Subd. 5 Interim Use
A. Provisions: An "interim use" is a temporary use of property until a particular date,
until the occurrence of a particular event or until zoning regulations no longer permit
it.
B. Conditions: The Council may issue an interim use permit for an interim use of
property if:
1) The use is not already a permitted or conditional use under the zoning regula-
tions.
2) The date or event that will terminate the use can be identified with certainty.
3) Permission of the use will not impose additional costs on the public if it is
necessary for the public to take the property in the future; and,
4) The user agrees to any conditions that the Council deems appropriate for
permission of the use.
C. Termination:
1) Any interim use may be terminated by a change in zoning regulations.
2) All interim use permits shall be subjected to review on an annual basis.
• 130
D. Public Hearings: Public hearings on the granting of interim use permits shall be held
in the manner provided in Minnesota Statutes, Section 462.357, Subd. 3.
Subd. 6 Amendments (Including Zoning).
A. Provisions: The provisions of this Chapter may be amended by the majority vote of
the Council except that amendments changing the boundaries of any zoning
district or changing the use regulations of any existing district may only be made by
an affirmative vote of 4/5ths of all five members of the Council.
B. Initiation: Proceedings for amendment of this Chapter may only be initiated by:
1) a petition of the owner or owners of the property which is proposed to be
rezoned;
2) by action of the Advisory Planning Commission; or
3) by action of the Council.
4) an individual to amend any provision of this Chapter.
C. Petitions: All petitions for amendments which are initiated by the owner or owners
of the property shall be filed with the City and if the application involves the changing
of zoning districts and boundary thereof, the application shall be accompanied by an
abstractor's certified property certificate showing the property owners within three
hundred and fifty (350') feet of the outer boundaries of the property in question. The
petition shall be filed with the City Planning Department.
D. Public Hearing - Notice and Procedure: The Planning Commission shall hold at least
one (1) public hearing affording the interested parties the opportunity to be heard and
shall give not less than ten (10) days nor more than thirty (30) days notice of the time
and place of such hearing, published in the designated legal newspaper of the City.
Such notice shall also include the description of the land and the proposed changes
in zoning. At least ten (10) days before the hearing, the City Clerk shall mail an
identical notice to the owners of the property and to each of the outside boundaries
of the land proposed to be rezoned. Failure to give mailed notice to individual
property owners, or defects in the notice shall not invalidate the proceeding, provided
a bona fide attempt to comply with this subdivision has been made. The Council may
waive the above mailed notice requirement in connection with a City-wide zoning or
amendment to the text of this Chapter, initiated by the Planning Commission or
Council.
E. Text Amendment: An amendment to the text of this Chapter, however, shall also
require a public hearing as described above.
Commission: The Council shall not rezone any Referral to Planning C y land or area in
any zoning district or make any other proposed amendment to this Chapter without
131
1
first having referred it to the Planning Commission for a public hearing and
recommendation.
G. Petitions for rezoning shall include a detailed map showing the number of acres in
each separate zoning district.
H. If the Planning Commission fails to make a report within sixty (60) days after receipt
of the application, the Council may act without the recommendation. The Council
may grant the petition in whole or in part or it may continue the petition from time to
time, for further investigation and hearing. The Council may also request further
information and report from the Planning Commission.
Subd. 7 Planned Development.
A. Purpose: Planned Development Districts, which are supplementing to all other zoning
districts may be established or the boundaries thereof may be changed under the
requirements of Subdivision 5 hereof for zoning, except as otherwise provided by this
Subdivision.
B. Petition: All petitions for Planned Developments shall be the same as required by
Subdivision 5, Subparagraph C., hereof for zoning, and include the addition of the
following:
1) All of the information required under Section 11.20, Subdivision 8 of this
Chapter.
2) Concept Plan:
a) Streets: This shall include the proposed locations of all major and minor
arterials and collector streets. The details of local access streets are not
required with the preliminary Development Plan.
b) Utilities: This shall include proposed general plans for sanitary sewer and
water trunks and storm sewer trunk and holding ponds. Detailed plans are
not required at this time.
c) Lots and Blocks: The property may be divided into blocks only at this time.
Detailed lot design is not required with the Preliminary Development Plan.
d) Future Platting: None of the above is meant to circumvent platting required
prior to building construction or the requirements of Chapter 13 of the City
Code. The above states the minimum requirements for the Preliminary
Development Plan stage. The developer, at his option, may provide greater
4110 132
detail at this stage. Without detailed lot plans, another preliminary plat
hearing will be needed as development ensues.
e) Scaled Drawing: The above information shall be provided on a scaled
drawing (s).
3) Staging Plan: This shall include the proposed sequence of development in
terms of years or range of years of all areas of the Planned Development. It
shall include staged development of structures, utilities, streets, walkways and
dedication of parks, ponds or open space.
4) Parks and Pedestrian Circulation: This shall include the exact location and
dimension of public parks, ponds and trails proposed to be dedicated to the
City. It shall also include a proposed pedestrian circulation plan related to the
City's plan for a "trail system".
5) Land Use Plan: This shall include an area-to-area designation of the type of
use(s) proposed with corresponding acreage and densities. The Land use Plan
shall show the ultimate development (in blob form) proposed for the entire
property, i.e., major, minor or collector streets, parks, trails, ponds or open
space, residential, commercial, industrial or institutional development.
6) All of the above shall constitute the "Preliminary Development Plan".
•
C. Planned Development Agreement:
1) Prior to establishing a Planned Development District, a Planned Development
Agreement, detailing the manner and procedures under which the Planned
development shall be developed, shall be adopted by the Council after being
executed by the affected property owner.
2) Said Planned Development Agreement shall include as a minimum, but not
limited to:
a) A clear identification of the plans and maps which form the preliminary plan.
These shall be attached and a part of the agreement.
b) A statement of the number and type of dwelling units that are being
approved.
c) Method of satisfying park dedication requirements.
d) A statement describing any building or structure to exceed normal height
limitations. Approval of building permits shall be in compliance with the
133 •
conditions for exceeding height limitations provided in Section 11.40,
Subdivision 4D.
D. Final Development Plans: Prior to the construction or the issuance of building
permits, the following information shall be approved. This may be approved in stages
as development ensues.
1) Final Plat: This shall be in accordance with Chapter 13 of the City Code and
revisions thereto.
2) Final Building Drawings and Specifications: These shall be presented to the
Building Inspector for review and recommendation to the Planning Commission
and Council.
3) Final Site Plans and Landscape Schedule: These shall be presented to the City
staff for review and recommendation to the Planning Commission and Council.
These shall be scaled drawings and include all site detail.
E. Excavation Permit: Prior to approval of all details related to the Final Development
Plans, the Council may grant an excavation permit based upon a grading plan
approved by the City Engineer.
F. Annual Review: The City shall conduct an annual review of all Planned Developments
• in order to review progress and compliance with agreements, conditions, and
ordinances. The City may charge a fee for the expenses incurred related to this
annual review. As a result of this review, the City Council may make minor
amendments in order to update a Planned Development. Failure of the City to make
an annual review shall not affect the Planned Development.
Subd. 8 Special Use Permits.
A. Petitions for Special Use Permits shall be filed with the City on a form provided by the
City. Said petition shall include a clear and complete description of the proposal.
B. Approvals by the Council may include special conditions related thereto and the grant
of a Special Use Permit shall be by two-thirds (2/3) vote of the full Council and shall
be for a time period not to exceed one (1) year or for a shorter time as set forth by
the Council.
Subd. 9 Site and Building Plan.
A. Purpose: It is in the public interest of all sites within the City to be designed,
arranged, and developed in a safe, efficient, and aesthetically pleasing manner. The
arrangement of all functions, uses and improvements shall reflect the natural
134
capabilities and limitations of the site as well as the characteristics and limitations of
the adjacent property. The various structures, use areas, functions, and elements of
the site design shall be integrated by design into a unified whole, except in those
cases where separation is appropriate to a particular interrelationship. Taking into
consideration the basic character of the site and the nature of the proposed uses, the
development should be visually harmonious as perceived from both within and
without.
B. Approval Required by the City: The site and building plan(s) for any commercial,
industrial, residential or institutional use shall require the following approval by the
City:
1) All commercial, industrial and institution buildings or multiple dwelling involving
more than four total dwelling units in a complex shall require a site and building
plan review. Approval by the City Community Development Department shall
be required before a building permit is issued. Unusual circumstances may
cause the staff to refer an individual matter to the Council for final determi-
nation.
2) Site and building plans for single and two family dwellings are not required
except for the normal building permit process.
3) Site design for Planned Development shall provide for the design of a minimum
five (5) acre area which is coordinated with the design and development of the
overall Planned Development area. Individual, site specific detail, for lots or
developments of less than five (5) acres, may follow provided the framework for
landscaping, lighting, driveways, open space, signage, parking and similar detail
are consistent.
C. Criteria for Site and Building Plan Review: The City shall review the particular facts
and circumstances of each proposal in terms of the following standards and shall find
adequate evidence showing that the proposed use:
1) Will be harmonious with and in accordance with the general objectives of the
Comprehensive Plan;
2) Will be designed, constructed, operated, and maintained so as to be harmoni-
ous and appropriate in appearance with the existing or intended character of
the general vicinity and that such a use will not change the essential character
of the same area;
3) Will not be hazardous to the health, safety or welfare of the general public.
135 410
w
4) Will be a substantial improvement to property in the immediate vicinity and to
the community as a whole.
5) Will be served adequately by essential public facilities and services, such as
highways, streets, police and fire protection, drainage structures, refuse
disposal, or schools; or that the persons or agencies responsible for the
establishments of the proposed use shall be able to provide adequately any
such service;
6) Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the
community;
7) Will not involve uses, activities, processes, materials and equipment, and
conditions of operation that will be detrimental to any persons, property, or the
general welfare by reason of excessive production of traffic, noise, smoke,
fumes, glare, or odors;
8) Will be consistent with the intent and purposes and minimum requirements of
City Ordinance.
D. Site Plan Required: In every case where a site and building plan is required by the
City or by an approval granted by the Council for a building or structure to be
• constructed on any property, the applicant for the building permit shall submit a site
plan prepared in accordance with information required by the City. Said building
plans shall be prepared by an architect registered in the State of Minnesota.
E. Building Inspection and Public Safety Review:
1) None of the requirements of this Subdivision 8 shall alter the normal building
plan review conducted by the City Building Inspection Department before a
building permit is issued.
2) Public Safety: All site and building plans except for single-family dwellings shall
be reviewed by the City Fire and Police Departments. Plans shall be reviewed
for fire warning and protection systems, public safety, vehicular access and
concerns related to public safety.
Subd. 10 Certificate of Occupancy.
A. Certificate Required: It shall be unlawful to use, occupy, or permit the use or
occupancy of any building or portion of building constructed, erected, enlarged,
altered, converted or moved onto a lot within the City until a certificate of occupancy
has been issued.
• 136
B. Application: Application for a certificate of occupancy shall be made on forms
provided by the City.
C. Issuance: A certificate of occupancy shall be issued within ten (10) days of
completion of the building but only upon demonstration that the building and use are
in conformance with all requirements of the code of city ordinances and that all
conditions of approval have been met. A record shall be kept of all certificates
issued.
D. Temporary Certificates: A temporary certificate of occupancy may be issued for a
period not to exceed six months. Conditions may be imposed on the issuance of a
temporary certificate of occupancy in order to ensure compliance with this ordinance,
including financial security acceptable to the City. Issuance of a temporary certificate
shall not alter the rights or obligations of the owner, tenant or city with respect to full
compliance with the requirements of this ordinance or other provisions of the code
of city ordinances.
E. Revocation: A certificate of occupancy may be revoked if the building or use is no
longer in compliance with this ordinance. The city shall have authority to enforce the
revocation of the certificate of occupancy by appropriate means. Upon revocation the
building shall not be used for any purpose until issuance of a new certificate of
occupancy.
Subd. 11 Repetition Period. •
A. A request for a variance, conditional use permit or rezoning, which has been acted
upon may not be requested again until a period of twelve (12) months has passed
from the date of denial unless the applicant can show to the satisfaction of the
Council that the Conditions which were present when the earlier request was filed,
have changed or that the request is substantially different.
Subd. 12 Fees.
A. The required fees to be paid for each petition required under this Chapter shall be
established by separate resolution of the Council and the fee schedule may be
revised from time to time. In addition, the petitioner shall pay all reasonable costs
incurred by the City for review and inspection, including preparation of reports and
review of plans by the City Engineer, City Attorney, and City Planner or other
members of the staff, and costs of a similar nature. This payment shall be made by
the petitioner upon receipt of an itemized invoice from the City and said payment shall
be in addition to the fee required with the petition and hereinabove provided for.
137 •
Subd. 13 Notice.
A. Failure to give notice or to give adequate notice when such is required by this
ordinance shall not invalidate any proceeding, provided that a good faith attempt has
been made to comply with the notice requirement.
Subd. 14 Permit Successors and Assigns.
A. Zoning, conditional use, special use, site and building plan and variance permits
authorize the permittee to make use of land and structures in a particular way. Such
permits are transferable provide the land and structures covered under the permit are
used for the purposes for which the permit was granted and provided all terms and
requirements under which the permit was granted are met.
Subd. 15 Violations and Penalties.
A. Any person who violates, fails to comply with or assists, directs or permits the
violation of any provision of this ordinance or who knowingly makes or submits any
false statement or document in connection with any application or procedure required
by this ordinance shall be guilty of a misdemeanor. Any person who violates, fails
to comply with or assists, directs or permits the violation of any performance standard
required by Section 11.30 of this ordinance shall reimburse the city or its agent for
the actual cost of the tests, measurements or other procedures necessary to
demonstrate such violation. Each day a violation continues shall constitute a
separate offense.
B. If any building or structure is erected, constructed, altered, repaired, converted or
maintained or if any building, structure, or land is used in violation of this ordinance,
the Director of Planning may initiate any lawful action or proceeding in the name of
the City of Eagan and shall have the powers of a peace officer to prevent, restrain,
correct or abate such violation. Nothing in this ordinance shall prevent the Director
of Planning from taking any other lawful action which is deemed necessary to prevent
or remedy a violation of this ordinance.
C. No section or part of this ordinance designating the duties of any official, employee
or appointee of the city shall be construed to make such official, employee or
appointee liable for the penalty provided by the code of city ordinances for violation
of this ordinance.
D. Violation a Misdemeanor: Every person who violates a section, subdivision,
paragraph or provision of this Chapter when he performs an act thereby prohibited
or declared unlawful, or fails to act when such failure is thereby prohibited or declared
unlawful, and upon conviction thereof, shall be punished as for a misdemeanor
except as otherwise stated in specific provisions hereof.
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