Loading...
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 • CIIYOFFACAN 70NINC ONO ! NAi ! CE • 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) 1 • 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. • • 2 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. 3 410 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 9 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 • 4 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. 5 10 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 • 6 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 7 • 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. • 8 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. 9 • 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 411 10 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. 11 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. 138