Microsoft Word - 2019-99 Final Rockville Zoning.doc

CITY OF ROCKVILLE

ZONING ORDINANCE

FINAL

July 10, 2019

AMENDED

ORDINANCE # 2003-06: Certain sections of Zoning & Ordinance

Special Protection District Overlay (September 17, 2003)

ORDINANCE # 2004-14: Public Land Dedication (June 16, 2004)

(Amended Public Land Dedication # 2007-44 December

19, 2007)

ORDINANCE # 2004-18: “Buildable Lot Area” “Bluff” “Lot Frontage” (August 4,

2004)

ORDINANCE # 2004-19: Creating Setbacks from Wetlands (August 4, 2004)

ORDINANCE # 2004-20: Planning Commission to hold Public Hearings (August 4,

2004)

ORDINANCE # 2004-24: Adopting Subdivision Ordinance (December 15, 2004)

ORDINANCE # 2004-25: Towers (December 2004)

ORDINANCE # 2005-26: Planning Commission Ordinance Amendment

Regarding Chairperson Voting Rights (February 9, 2005)

ORDINANCE # 2007-40: Amending Accessory Buildings (September 5, 2007)

ORDINANCE # 2007-41: Amending Construction and Continuation of Structures

for

Accessory Uses (December 5, 2007)

ORDINANCE # 2007-42: Restricting Water-Oriented Structures (December 5, 2007)

ORDINANCE # 2007-43: Setbacks for Industrial Zoned Property (December 5,

2007)

ORDINANCE # 2007-44: Amending Public Land Dedication (December 19, 2007)

ORDINANCE # 2008-46: Amending Section 16 “Ag-40” by deleting Subdivision 9

(Setback Requirements) and by adding it in Section 9

General Requirements under Subdivision 27 (Setback

Requirements)

Amending Section 17 “R-1”, Section 18 “R-2”, Section 19

“R-3” by deleting Subdivision 5 (7) and replacing it with

“Impervious Surface.

ORDINANCE # 2008-47: Amending Section 24, Subdivision 5 Use of Planned Unit

Development Is Restricted

ORDINANCE # 2008-50: Amending the Code as it applies to Shoreland Property

(September 17

2008)

ORDINANCE # 2008-51: Amending the Code by adding a section on Stormwater

Management (September 17

2008)

ORDINANCE # 2008-53: Amending Providing For Event Centers in the Agricultural

Zoning Districts (December 17

2008)

ORDINANCE # 2009-54: Amending the City Zoning Code Definitions (March 18

2009)

ORDINANCE # 2009-58: Regulations for Wind Energy Conversion Systems(July

2009)

ORDINANCE # 2009-62: Amending Sections 17, 18, & 19 Residential Districts to

include Provision for Interim Use Permit allowing farm

animals with conditions. (December 16

2009)

ORDINANCE # 2009-63: Amending Section 5 Planning Commission Membership

(December 16

2009)

ORDINANCE # 2010-64: Amending Section 1 Subdivision 12(B) of the Stormwater

(March 17

2010)

ORDINANCE # 2011-70: Allow for Rural Residential Development & amendments

to Corresponding Zoning Ordinances (May 18

2011)

ORDINANCE # 2012-74: Amending Definition, Signs, B-1 & I-1 (Used for

Residential Purposes) (June 20

2012)

ORDINANCE # 2012-76: Amending Rural Residential (October 17, 2012)

ORDINANCE # 2015-84: Amending Definition, Adding Trailer Storage

Restrictions, Adding R-1 Rear Yard Setback (July 21

2015)

ORDINANCE # 2016-85: Amending Section 9 “Opt out” temporary Family Health

Care

Dwelling (August 17

2016)

RESOLUTION 2016-57: Transferring the Powers and Duties of the Local Board of

Appeals and Equalization to Stearns County (December

, 2016)

ORDINANCE# 2017-86: Amending Site Plan, Design & Appearance, Accessory

Buildings requirements.

ORDINANCE# 2019-99: Amending the Zoning Ordinance (July 10

, 2019)

ORDINANCE# 2020-105: Amending Certain Section (January 8, 2020)

ORDINANCE# 2020-110: Amending Section 31 (September 9, 2020)

TABLE OF CONTENTS

SECTION 1: INTENT AND PURPOSE

Subdivision 1: GENERAL PURPOSE

Subdivision 2: ZONING ORDINANCE SCOPE

SECTION 2: TITLE

SECTION 3: JURISDICTION, APPLICATION AND INTERPRETATION

Subdivision 1: JURISDICTION

Subdivision 2: APPLICATION AND INTERPRETATION

Subdivision 3: SEPARABILITY

Subdivision 4: LOTS OF RECORD

SECTION 4: ADMINISTRATION

Subdivision 1: ZONING ADMINISTRATOR

Subdivision 2: ZONING ADMINISTRATOR POWERS AND DUTIES

SECTION 5: PLANNING COMMISSION

Subdivision 1: MEMBERSHIP

Subdivision 2: DECISIONS

Subdivision 3: DUTIES

Subdivision 4: REVIEW OF ACQUISITION OR DISPOSAL OF PUBLIC

LANDS AND CAPITAL IMPROVEMENT PROJECTS

SECTION 6: BOARD OF ADJUSTMENT

Subdivision 1: A Board of Zoning Appeals and Adjustment

SECTION 7: PERMITS AND FEES

Subdivision 1: SITE PERMITS

Subdivision 2: SITE PERMIT PROCEDURES

Subdivision 3: OTHER REGULATIONS

SECTION 8: RULES AND DEFINITIONS

Subdivision 1: RULES

Subdivision 2: DEFINITIONS

SECTION 9: GENERAL REQUIREMENTS

Subdivision 1: INTENT

Subdivision 2: ACCESSORY BUILDINGS

Subdivision 3: OUTSIDE STORAGE, SCREENING AND LANDSCAPING

Subdivision 4: LANDSCAPING

Subdivision 5: TOPSOIL REMOVAL

Subdivision 6: DWELLING UNIT RESTRICTIONS

Subdivision 7: CONNECTION TO PUBLIC SANITARY

SEWER AND WATER REQUIRED

Subdivision 8: LIGHTING

Subdivision 9: POLLUTION

Subdivision 10: SOLAR COLLECTORS

Subdivision 11: HEIGHT EXCEPTIONS

Subdivision 12: YARD SETBACK EXCEPTIONS

Subdivision 13: BUILDING RELOCATION

Subdivision 14: STREET PLAN CONFORMANCE

Subdivision 15: TEMPORARY STRUCTURES LIMITED

Subdivision 16: WETLAND SETBACKS

Subdivision 17: HANDICAPPED ACCESSIBILITY

Subdivision 18: BUILDING NUMBERS

Subdivision 19: PROTECTIONS OF EASMENTS

Subdivision 20: MINING/EXTRACTIVE USES

Subdivision 21: HOME OCCUPATIONS

Subdivision 22: HOME EXTENDED BUSINESSES

Subdivision 23: SHORELANDS

Subdivision 24: FLOODPLAINS

Subdivision 25: FEEDLOTS

Subdivision 26: INDEPENDENT SEWAGE TREATMENT SYSTEMS

Subdivision 27: SETBACK REQUIREMENTS

SECTION 9A: LANDSCAPING

Subdivision 1: INTENT/PURPOSE

Subdivision 2: APPLICABILITY

Subdivision 3: GENERAL REQUIREMENTS

Subdivision 4: LANDSCAPING STANDARDS

SECTION 9B: SITE PLAN

Subdivision 1: FINDINGS/PURPOSE/INTENT

Subdivision 2: SITE PLAN PROCEDURES

Subdivision 3: OTHER REGULATIONS

SECTION 10: FENCES

Subdivision 1: PURPOSE

Subdivision 2: FENCE PERMIT

Subdivision 3: FENCE REGULATIONS

Subdivision 4: VIOLATIONS

Subdivision 5: VARIANCE

SECTION 11: PARKING AND LOADING

Subdivision 1: PURPOSE AND INTENT

Subdivision 2: SCOPE OF PARKING AND LOADING REQUIREMENTS

Subdivision 3: PERMIT REQUIRED

Subdivision 4: RULES FOR DETERMINING PARKING SPACES REQUIRED

Subdivision 5: PARKING SPACES

Subdivision 6: OFF-STREET PARKING REQUIREMENTS

Subdivision 7: DESIGN STANDARDS

Subdivision 8: LOADING AREAS

SECTION 12: SIGNS

Subdivision 1: FINDINGS

Subdivision 2: PURPOSE AND INTENT

Subdivision 3: EFFECT

Subdivision 4: SEVERABILITY

Subdivision 5: PERMIT REQUIRED

Subdivision 6: FEES

Subdivision 7: EXEMPTIONS

Subdivision 8: TEMPORARY OR PORTABLE SIGNS

Subdivision 9: GENERAL REQUIREMENTS

Subdivision 10: CONSTRUCTION STANDARDS

Subdivision 11: UNAUTHORIZED SIGNS

Subdivision 12: CANOPIES, MARQUEES AND FIXED AWNINGS

Subdivision 13: SIGN STANDARDS FOR SINGLE AND TWO-FAMILY

RESIDENTIAL DISTRICTS (R-1/R-2)

Subdivision 14: SIGN STANDARDS FOR MULTI-FAMILY DISTRICTS (R-3)

Subdivision 15: SIGN STANDARDS FOR CENTRAL BUSINESS

DISTRICT (B-1)

Subdivision 16: SIGN STANDARDS FOR GENERAL BUSINESS

DISTRICT (B-2)

Subdivision 17: SIGN STANDARDS FOR INDUSTRIAL DISTRICTS (1-1/1-2)

Subdivision 18: MASTER SIGNAGE PLAN REQUIRED

Subdivision 19: NON-CONFORMING SIGNS: COMPLIANCE

Subdivision 20: VIOLATIONS

Subdivision 21: NON-COMMERCIAL SPEECH

Subdivision 22: SUBSTITUTION CLAUSE

SECTION 13: TOWERS

Subdivision 1: PURPOSE AND INTENT

Subdivision 2: CO-LOCATION REQUIREMENTS

Subdivision 3: TOWER CONSTRUCTION REQUIREMENTS

Subdivision 4: TOWER AND ANTENNA DESIGN REQUIREMENTS

Subdivision 5: TOWER SETBACKS

Subdivision 6: TOWER HEIGHT

Subdivision 7: TOWER LIGHTING

Subdivision 8: SIGNS AND ADVERTISING

Subdivision 9: ACCESSORY UTILITY BUILDINGS

Subdivision 10: FENCING

Subdivision 11: LANDSCAPING AND SCREENING

Subdivision 12: MINIMUM SPACING

Subdivision 13: LICENSES

Subdivision 14: ABANDONED OR UNUSED TOWERS

Subdivision 15: ANTENNAS MOUNTED ON ROOFS, WALLS AND

EXISTING TOWERS

Subdivision 16: INTERFERENCE WITH PUBLIC SAFETY

TELECOMMUNICATIONS

Subdivision 17: ADDITIONAL SUBMITTAL REQUIREMENTS

Subdivision 18: EXCEPTIONS

SECTION 13A: WIND ENERGY CONVERSION SYSTEMS

Subdivision 1: PURPOSE AND INTENT

Subdivision 2: PROCEDURES

Subdivision 3: AGGREGATED PROJECTS

Subdivision 4: DISTRICT REGULATIONS

Subdivision 5: SETBACKS WIND TURBINES AND METEROLOGICAL

TOWERS

Subdivision 6: SAFETY DESIGN STANDARDS

Subdivision 7: STANDARDS

Subdivision 8: OTHER APPLICABLE STANDARDS

Subdivision 9: INTERFERENCE

Subdivision 10: AVOIDANCE AND MITGATION OF DAMAGES TO PUBLIC

INFRASTRUCTURE

SECTION 14: NON-CONFORMING USES

Subdivision 1: PURPOSE AND INTENT

Subdivision 2: CONTINUED USE OF EXISTING STRUCTURES

Subdivision 3: MAINTENANCE AND REPAIRS

Subdivision 4: NON-CONFORMING STRUCTURES

Subdivision 5: NON-CONFORMING LAND USES

Subdivision 6: ABANDONMENT

Subdivision 7: UNSAFE STRUCTURES

Subdivision 8: CONSTRUCTION STARTED BEFORE ENACTMENT

Subdivision 9: EXPANSION OF STRUCTURE

SECTION 15: GENERAL ZONING DISTRICT PROVISIONS

Subdivision 1: DISTRICT ESTABLISHMENT

Subdivision 2: ZONING DISTRICT APPLICATION

Subdivision 3: ZONING DISTRICT BOUNDARIES

Subdivision 4: USES NOT PROVIDED FOR WITHIN ZONING DISTRICTS

SECTION 16: "A-40" AGRICULTURAL DISTRICT

Subdivision 1: AGRICULTURAL DISTRICT A-40 (A-40 District) ZONING

DISTRICT APPLICATION

Subdivision 2: PERMITTED USES

Subdivision 3: PERMITTED ACCESSORY USES AND STRUCTURES

Subdivision 4: CONDITIONAL USES

Subdivision 5: INTERIM USE PERMITS

Subdivision 6: RESIDENTIAL DENSITY REQUIREMENTS

Subdivision 7: STANDARD FOR DETERMINING PERMITTED

RESIDENTIAL DWELLING SITES

Subdivision 8: LOT REQUIREMENTS

Subdivision 9: SETBACK REQUIREMENTS

Subdivision 10: HEIGHT REQUIREMENTS

Subdivision 11: LOT COVERAGE

Subdivision 12: PLANNED UNIT DEVELOPMENT (PUD)

SECTION 16A: RURAL RESIDENTIAL DISTRICT "R-R DISTRICT"

Subdivision 1: PURPOSE AND GOALS

Subdivision 2: PERMITTED USES

Subdivision 3: PERMITTED ACCESSORY USES

Subdivision 4: CONDITIONAL USES

Subdivision 5: INTERIM USE

Subdivision 6: STANDARD FOR DETERMINING PERMITTED

RESIDENTIAL DWELLING SITES (BUILDABLE LOTS)

Subdivision 7: LOT REQUIREMENTS

Subdivision 8: SETBACK REQUIREMENTS

Subdivision 9: HEIGHT REQUIREMENTS

Subdivision 10: LOT COVERAGE

Subdivision 11: RURAL RESIDENTIAL PLANNED UNIT DEVELOPMENT

(RR-PUD)

SECTION 17: "R-l" SINGLE FAMILY RESIDENTIAL DISTRICT

Subdivision 1: PURPOSE AND INTENT

Subdivision 2: PERMITTED USES

Subdivision 3: PERMITTED ACCESSORY USES

Subdivision 4: CONDITIONAL USES

Subdivision 5: INTERIM USE PERMITS

Subdivision 6: LOT, YARD, AREA AND HEIGHT REQUIREMENTS

Subdivision 7: SITE PLAN - CERTIFICATE OF SURVEY

SECTION 18: "R-2" TWO FAMILY RESIDENTIAL DISTRICT

Subdivision 1: PURPOSE AND INTENT

Subdivision 2: PERMITTED USES

Subdivision 3: PERMITTED ACCESSORY USES

Subdivision 4: CONDITIONAL USES

Subdivision 5: INTERIM USE PERMITS

Subdivision 6: LOT, YARD, AREA AND HEIGHT REQUIREMENTS

Subdivision 7: SITE PLAN - CERTIFICATE OF SURVEY

SECTION 19: "R-3" MULTIPLE FAMILY RESIDENTIAL DISTRICT

Subdivision 1: PURPOSE AND INTENT

Subdivision 2: PERMITTED USES

Subdivision 3: PERMITTED ACCESSORY USES

Subdivision 4: CONDITIONAL USES

Subdivision 5: INTERIM USE PERMITS

Subdivision 6: LOT, YARD, AREA AND HEIGHT REQUIREMENTS

Subdivision 7: SITE PLAN - CERTIFICATE OF SURVEY

Subdivision 8: PERFORMANCE BOND

SECTION 20: "B-1" CENTRAL BUSINESS DISTRICT

Subdivision 1: PURPOSE AND INTENT

Subdivision 2: PERMITTED USES

Subdivision 3: PERMITTED ACCESSORY USES

Subdivision 4: CONDITIONAL USES

Subdivision 5: INTERIM USES

Subdivision 6: LOT, YARD, AREA AND HEIGHT REQUIREMENTS

Subdivision 7: OTHER BUILDING REQUIREMENTS

SECTION 21: "B-2" GENERAL BUSINESS DISTRICT

Subdivision 1: PURPOSE AND INTENT

Subdivision 2: PERMITTED USES

Subdivision 3: CONDITIONAL USES

Subdivision 4: INTERIM USES

Subdivision 5: PERMITTED ACCESSORY USES

Subdivision 6: LOT, YARD, AREA AND HEIGHT REQUIREMENTS

Subdivision 7: OTHER BUILDING REQUIREMENTS

Subdivision 8: YARD COVER

Subdivision 9: ADDITIONAL REQUIREMENTS

SECTION 22: "I-1" LIGHT INDUSTRIAL

Subdivision 1: PURPOSE AND INTENT

Subdivision 2: PERMITTED USES

Subdivision 3: PERMITTED ACCESSORY USES

Subdivision 4: CONDITIONAL USES

Subdivision 5: LOT, YARD, AREA AND HEIGHT REQUIREMENTS

Subdivision 6: OPEN STORAGE

Subdivision 7: SITE PLAN - CERTIFICATE OF SURVEY

Subdivision 8: PERFORMANCE BOND

SECTION 23: "I-2" GENERAL INDUSTRIAL

Subdivision 1: PURPOSE AND INTENT

Subdivision 2: PERMITTED USES

Subdivision 3: PERMITTED ACCESSORY USES

Subdivision 4: CONDITIONAL USES

Subdivision 5: LOT, YARD, AREA AND HEIGHT REQUIREMENTS

Subdivision 6: OPEN STORAGE

Subdivision 7: SITE PLAN - CERTIFICATE OF SURVEY

Subdivision 8: PERFORMANCE BOND

SECTION 24A: R-MH RESIDENTIAL, MANUFACTURED HOME PARK DISTRICT

Subdivision 1: PURPOSE AND INTENT

Subdivision 2: EXCEPTION

Subdivision 3: APPLICATION

Subdivision 4: REQUIRED APPLICATION MATERIALS

Subdivision 5: PERFORMANCE STANDARDS FOR MANUFACTURED

HOME PARKS

Subdivision 6: MANUFACTURED HOME PARK LOT REQUIREMENTS

SECTION 25: PUBLIC LAND DEDICATION

Subdivision 1: DEDICATIONS OF PUBLIC SITES AND OPEN SPACE

Subdivision 2: SCHEDULE FOR PUBLIC USE DEDICATION

Subdivision 3: DEDICATION PREVIOUS SUBDIVISIONS

Subdivision 4: SUBDIVISIONS INVOLVING MIXED USES

Subdivision 5: DEDICATION OF LAND INCLUDED ON MASTER PLAN

Subdivision 6: DEDICATION OF LAND NOT SHOWN ON MASTER PLAN

Subdivision 7: DEDICATION OF PHASED SUBDIVISIONS

Subdivision 8: CASH IN LIEU OF LAND

Subdivision 9: PARK DEDICATION FEE

Subdivision 10: SPECIAL PARK FUND

Subdivision 11: DEED TO PROPERTY

Subdivision 12: PROPERTY TAXES ON DEDICATED PROPERTY

Subdivision 13: IMPROVEMENTS IN FRONT OF DEDICATE PROPERTY

SECTION 26: "PUD" PLANNED UNIT DEVELOPMENT DISTRICT

Subdivision 1: PURPOSE AND INTENT

Subdivision 2: STANDARDS FOR APPROVAL

Subdivision 3: VARIANCES & COORDINATION

WITH SUBDIVISION ORDINANCE

Subdivision 4: USES

Subdivision 5: PROCEDURE-ESTABLISHMENT OF A PUD

Subdivision 6:

PROCEDURE-PRELIMINARY DEVELOPMENT PLAN APPROVAL

Subdivision 7: FINAL DEVELOPMENT PLAN

Subdivision 8: COMMON OPEN SPACE

Subdivision 9: RESTRICTED LANDS

SECTION 27: CONDITIONAL USE PERMITS

Subdivision 1: PURPOSE AND INTENT

Subdivision 2: PROCEDURE

Subdivision 3: CRITERIA FOR GRANTING CONDITIONAL

USE PERMITS

Subdivision 4: ADDITIONAL CONDITIONS

Subdivision 5: CHANGES IN CONDITIONAL USES

Subdivision 6: RECORDING CONDITIONAL USE PERMITS

Subdivision 7: REVOCATION

Subdivision 8: TIME LIMITATION

Subdivision 9: LAPSE/EXPIRATION

Subdivision 10: COMPLIANCE

SECTION 28: INTERIM USE PERMITS

Subdivision 1: PURPOSE AND INTENT

Subdivision 2: PROCEDURE

Subdivision 3: GENERAL STANDARDS

Subdivision 4: ADDITIONAL CONDITIONS

Subdivision 5: TERMINATION

Subdivision 6: REVOCATION

Subdivision 7: CERTIFICATION OF TAXES PAID

SECTION 29: AMENDMENTS/REZONING

Subdivision 1: PROCESS

Subdivision 2: EFFECTIVE DATE

Subdivision 3: RECORDING

Subdivision 4: ZONING MAP

SECTION 30: VARIANCES/APPEALS

Subdivision 1: APPEALS AND ADMINISTRATIVE DECISIONS

Subdivision 2: VARIANCES

Subdivision 3: OTHER CONSIDERATIONS

Subdivision 4: VARIANCE PROCEDURE

Subdivision 5: LAPSE OF VARIANCE

SECTION 31: ENFORCEMENT/VIOLATIONS/PENALTIES

Subdivision 1: ENFORCEMENT

Subdivision 2: VIOLATIONS AND PENALTIES

SECTION 32: SHORELAND PROPERTY

Subdivision 1: PURPOSE AND INTENT

Subdivision 2: APPLICATION

Subdivision 3: GENERAL PROVISIONS

Subdivision 4: PUBLIC AND SEMI-PUBLIC USES

Subdivision 5: RESIDENTIAL USES

Subdivision 6: COMMERICIAL USES

Subdivision 7: INDUSTRIAL USES

Subdivision 8: AGRICULTURAL USES

Subdivision 9: PERMITTED ACCESSORY USES

Subdivision 10: SETBACK, HEIGHT, COVERAGE AND YARD

REQUIREMENTS

Subdivision 11: DEPARTURE FROM SETBACK REQUIREMENTS

Subdivision 12: DESIGN CRITERIA FOR STRUCTURES

Subdivision 13: COMMERCIAL, INDUSTRIAL AND PUBLIC USE

STANDARDS

Subdivision 14: AGRICULTURAL AND EXTRACTIVE USE STANDARDS

Subdivision 15: ACCESS LOTS

Subdivision 16: VEGETATION AND TOPOGRAPHY

Subdivision 17: SHORELAND RECREATIONAL AREAS

Subdivision 18: PLANNED UNIT DEVELOPMENTS (PUD

SECTION 33: STORMWATER MANAGEMENT

Subdivision 1: PURPOSE AND INTENT

Subdivision 2a: STORMWATER MANAGEMENT PLAN REQUIRED

Subdivision 2b: EXEMPTION FROM STORMWATER MANAGEMENT PLAN

REQUIREMENT

Subdivision 2c: WAIVER OF STORMWATER MANAGEMENT PLAN

REQUIREMENT

Subdivision 3: APPLICATION FOR STORMWATER MANAGEMENT PLAN

Subdivision 4: TRANSFER OF STORMWATER MANAGEMENT PLAN

Subdivision 5a: ELIMINATION OF PUBLIC HEALTH OR SAFETY HAZARDS

RELATING TO IMPROPERLY INSTALLED STORMWATER

IMPROVEMENTS

Subdivision 5b: INSPECTION

Subdivision 5c: FINANCIAL SECURITY REQUIRED

Subdivision 6a: EXISTING SITE MAP

Subdivision 6b: SITE CONSTRUCTION PLAN

Subdivision 6c: PLAN OF FINAL CONDITIONS

Subdivision 7: APPLICATION REVIEW PROCEDURE

Subdivision 8: STORMWATER MANAGEMENT STANDARDS-GENERALLY

Subdivision 9: CONSTRUCTION ACTIVITY STANDARDS-GENERALLY

Subdivision 10: SPECIAL SHORELAND EROSION AND SEDIMENT

CONTROL STANDARDS

Subdivision 11: DETENTION FACILITY DESIGN AND MAINTENANCE

STANDARDS

Subdivision 12a: LOT COVERAGE LIMITS-DEFINITION

Subdivision 12b: LOT COVERAGE LIMITS-STANDARDS

Subdivision 12c: LOT COVERAGE LIMITS-CALCULATION CRITERIA

Subdivision 13a: STORMWATER DISCHARGE STANDARDS-RATE AND

VOLUME

Subdivision 13b: STORMWATER DISCHARGE STANDARDS-WATER

QUALITY

Subdivision 13c: WAIVER BASED ON EXISTING SITE CONDITIONS

Subdivision 13d: APPROVED WATER QUALITY TREATMENT METHODS

(SHORELAND DISTRICT ONLY)

Subdivision 14: REQUIREMENT MAINTENANCE OF VEGETATION

Subdivision 15: OTHER CONSIDERATIONS

Subdivision 16: CONFLICTS

Subdivision 17a: CREATION OF STORMWATER MANAGEMENT PLANT

Subdivision 17b: CREATION OF APPLICATION

Subdivision 17c: FEE

Subdivision 17d: ENFORCEMENT

SECTION 34: SHORT-TERM RENTAL

Subdivision 1: PURPOSE AND INTENT

Subdivision 2: APPLICATION DEADLINE

Subdivision 3: GENERAL PROVISIONS

SECTION 35

EFFECTIVE DATE

X:\Council\ORDINANCES\Final Zoning Code\2019-99 Final Rockville Zoning.doc

ORDINANCE NO. 2019-99

City of Rockville, Minnesota

ZONING ORDINANCE

AN ORDINANCE ESTABLISHING REGULATIONS FOR THE ZONING OF LAND

AND CONTROL OF LAND USE

THE CITY COUNCIL OF THE CITY OF ROCKVILLE, IN THE COUNTY OF

STEARNS, STATE OF MINNESOTA, DOES ORDAIN AS FOLLOWS:

SECTION 1: INTENT AND PURPOSE

Subdivision 1: GENERAL PURPOSE

Pursuant to the authority conferred by the State of Minnesota in Section 462.357,

as amended, and for the purpose of:

1. promoting and protecting the public health, safety, and general welfare of

the residents of the incorporated area of the City of Rockville;

2. protecting and preserving the physical character, social, and economic

stability of agricultural, residential, commercial, industrial and other use

areas;

3. securing the most appropriate use of land;

4. preventing the overcrowding of the land and undue congestion of

population;

5. providing adequate light, air and reasonable access;

6. facilitating adequate and economical provision of transportation, water

supply and sewage disposal;

7. planning for location of schools, recreation facilities and other public

requirements

Subdivision 2: ZONING ORDINANCE SCOPE

This Ordinance which shall be known and cited as the Rockville Zoning Ordinance, an

ordinance setting minimum and maximum standards for the height and size of buildings,

the size of yards, courts and other open spaces, the density of population, the location

and use of buildings and land for trade, commerce, industry, residence and other

purposes; creating districts for said purposes and establishing the boundaries thereof;

providing for changes in regulations, restrictions and boundaries of such districts;

defining certain terms used herein; providing for enforcement and administration, and

imposing penalties for the violation of this Ordinance.

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SECTION 2: TITLE

This Ordinance shall be known as “The Zoning Ordinance of Rockville, Minnesota” and

will be referred to as “this Ordinance.”

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SECTION 3: JURISDICTION, APPLICATION AND INTERPRETATION

Subdivision 1: JURISDICTION

This Ordinance applies to all of the area within the corporate limits of the City of

Rockville.

Subdivision 2: APPLICATION AND INTERPRETATION

1. Higher Standards Prevail. Where the conditions imposed by any

provision of this Ordinance are either more or less restrictive than

comparable conditions imposed by any law, ordinance, statute, resolution,

or regulation of any kind, the regulations which are more restrictive or

which impose higher standards or requirements shall prevail.

2. Building Permits.

A. Building Permit Required. No structure, fence or sign may be

erected, converted, enlarged, moved, demolished, reconstructed or

altered without first obtaining a Building Permit, except agricultural

fences in the A-40 and Rural Residential Districts shall not require a

building permit. The terms “Structure” and “Fence” are as defined in

Section 8, Subd. 2 of this Ordinance. No structure or land may be

used for any purpose nor in any manner which is not in conformity

with the provisions of this Ordinance. The Building Official will issue

a Building Permit only after determining that the building plans, to-

gether with the application, comply with this Ordinance. If the

Building Code does not require a Building Permit, a Site Permit

must still be obtained to ensure compliance with setback, height

and use restrictions and this Ordinance

B. Application. Building Permit Applications must be made to the

Building Official on forms to be furnished by the Zoning

Administrators office. Site Permit Applications must be submitted

to the Zoning Administrator on forms to be furnished by the Zoning

Administrators office.

C. Fee. Each applicant shall pay at the time of the application the

required fees as established by resolution of the City Council. Fees

submitted with complete applications are non-refundable.

D. Plan. Each Building Permit Application to construct or alter any

building with a foundation must be accompanied by a Certificate of

Survey, if deemed necessary, drawn to scale showing the

dimensions of the lot to be built upon and the size and location of

the building and accessory buildings to be erected as well as

existing structures, easements and ingress and egress routes.

X:\Council\ORDINANCES\Final Zoning Code\2019-99 Final Rockville Zoning.doc

Building Permit Applications must also contain any other

information the Building Official or City Clerk deems necessary.

E. Municipal Improvements. Subject to a Development Agreement, all

municipal improvements serving the property must be completed

(with roadways having at least one lift of blacktop) before building

permits will be issued.

F. Certificate of Occupancy. All newly constructed buildings must

obtain a Certificate of Occupancy from the Building Official prior to

use or occupancy of the building.

Subdivision 3: SEPARABILITY

1. If any court of competent jurisdiction shall declare any provision of this

Ordinance to be invalid, such judgment shall not affect any other provision

of this Ordinance not specifically included in said judgment.

2. If any court of competent jurisdiction declare invalid the application of any

provision of this Ordinance to a particular property, building or other

structure, such judgment shall not affect the application of said provision

to any other property, building or structure not specifically included in said

judgment.

Subdivision 4: LOTS OF RECORD

All lots which were separate tax parcels, were legally recorded in the office of the

County Recorder, and were of legally sufficient size to meet minimum lot size

requirements for a building at the time of this Ordinance’s adoption 04/16/2003

shall be considered lots of record and shall continue to be legally buildable. It is

the obligation of the owner of the property to demonstrate to the satisfaction of

the Zoning Administrator that the lot is a lot of record which was legally buildable

at the time of the adoption of this Ordinance.

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SECTION 4: ADMINISTRATION

Subdivision 1: ZONING ADMINISTRATOR

The City Council will appoint a Zoning Administrator who will administer and

enforce this Ordinance. The City Council may authorize the Zoning Administrator

to appoint assistants.

Subdivision 2: ZONING ADMINISTRATOR POWERS AND DUTIES

The Zoning Administrator will have the following powers and duties and may

delegate them to assistants.

1. To receive and review applications for Site Permits and issue Site Permits

if such Site Permit request is in full compliance with the provisions of this

Ordinance.

2. To receive and review application requests for action by the City Council

and/or Planning Commission and provide such information, data and

testimony as may be necessary for action to be taken.

3. To make inspections to discover violations and check for compliance with

this Ordinance. If violations of this Ordinance are discovered the Zoning

Administrator will notify the violators and take such other steps as are

necessary to correct the violation.

4. To maintain records of all actions taken pursuant to the provisions of this

Ordinance.

5. To assist the public in complying with and understanding their

responsibilities and rights under this Ordinance.

6. To identify and locate jurisdiction and zoning district boundaries and public

waters by on-site investigation, interpretation of official maps and other

appropriate methods.

7. To forward a summary of all permits applied for and issued, by date, to the

Planning Commission no less than once a month to be reviewed by the

Planning Commission at their monthly meetings.

8. To accompany Planning Commission representatives on site visits.

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SECTION 5: PLANNING COMMISSION

Subdivision 1: MEMBERSHIP

There is hereby created, established, and continued a Planning Commission for

the City of Rockville to consist of a total of five (5) members, all members must

be residents of the City Rockville and no more than two (2) of these members

may be from the City Council. The Planning Commission shall be the City

Planning Agency authorized by Minn. Stats. § 462.354.

Subdivision 2: DECISIONS

All decisions of the Planning Commission require the affirmative vote of a simple

majority of the voting members present. Any member may be removed for cause

by majority vote of the City Council upon written charge and after a public

hearing. In the event of any vacancy, the City Council shall appoint a

replacement.

Subdivision 3: DUTIES

The Planning Commission is advisory, except as other powers and duties are

imposed on it by Sections 462.351 to 462.364 of Minnesota Statutes or by other

state statute or City ordinance. The Planning Commission has the following

powers and duties:

1. At the first regular meeting of the year the Planning Commission shall

elect a Chairperson, Vice-Chairperson and Secretary from among its

members, each for a term of one year.

2. The Planning Commission shall hold at least one meeting each month; if

there is a lack of an agenda the Chairperson can cancel the meeting.

Special meetings may be called at any time by the Chairperson, or in the

case of Chairperson’s absence, by the Vice-Chairperson.

3. The Planning Commission shall hold the public hearings and will review

Conditional Use Permit applications and make recommendations to the

City Council as to whether or not a Conditional Use Permit should be

granted, and if so, what conditions should apply. The City Council may

hold an additional public hearing, if deemed necessary, and make the final

decision on all Conditional Use Permit applications.

4. The Planning Commission shall hold the public hearings and will review

all re-zoning applications and make recommendations on re-zonings to

the City Council. The City Council may hold an additional public hearing, if

deemed necessary, and make the final decision with regard to rezoning.

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5. The Planning Commission will assist in developing a Comprehensive Land

Use Plan for the City and will review and make recommendations on the

adoption of or amendment to the City’s Comprehensive Land Use Plan.

6. The Planning Commission may prepare Zoning and Subdivision

Ordinances or amendments to any zoning and subdivision ordinances and

recommend such ordinances to the City Council. The Planning

Commission will review and make a recommendation on any proposed

amendments to the City’s Zoning and Subdivision ordinances.

7. The Planning Commission shall hold the public hearing and will review

variance requests and make recommendations to the City Council as to

whether or not a variance should be granted. The City Council, acting as

the Board of Adjustment will make the final decision on all variances.

8. The Planning Commission will review appeals of decisions made by the

Zoning Administrator and make recommendations to the City Council.

The City Council, acting as the Board of Adjustment, will make the final

decision on all appeals of decisions of the Zoning Administrator.

9. The Planning Commission will have such additional duties and

responsibilities as may be assigned by the City Council.

10. The Planning Commission may appoint a viewing committee to conduct

site visits or may request that the Chair conduct site visits and report back

to the Planning Commission.

Subdivision 4: REVIEW OF ACQUISITION OR DISPOSAL OF PUBLIC LANDS AND

CAPITAL IMPROVEMENT PROJECTS

No publicly owned interest in real property within the municipality shall be

acquired or disposed of, nor shall any capital improvement be authorized by the

municipality or special district or agency thereof or any other political subdivision

having jurisdiction within the municipality until after the Planning Commission has

reviewed the proposed acquisition, disposal, or capital improvement and reported

in writing to the City Council or other special district or agency or political

subdivision concerned, its findings as to compliance of the proposed acquisition,

disposal or improvement with the comprehensive municipal plan. Failure of the

Planning Commission to report on the proposal within 45 days after such a

reference, or such other period as may be designated by the City Council shall

be deemed to have satisfied the requirements of this subdivision. The City

Council may, by resolution adopted by two-thirds vote dispense with the

requirements of this subdivision when in its judgment it finds that the proposed

acquisition or disposal of real property or capital improvement has no relationship

to the Comprehensive Plan.

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SECTION 6: BOARD OF ADJUSTMENT

Subdivision 1: A Board of Zoning Appeals and Adjustment is hereby established and

vested with such authority as provided under Section 30 of this Ordinance. The City

Council shall serve as the Board of Zoning Appeals and Adjustment.

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SECTION 7: PERMITS AND FEES

Subdivision 1: SITE PERMITS

For purposes of enforcing this ordinance, a site permit shall be required of all

persons prior to:

1. Erection or construction of any structure or building.

2. Erection of signs except those exempt from permitting by this Ordinance.

3. Installation, alteration, repair or extension of any sewage disposal system

or solid waste disposal operation.

4. Shore land Alterations, including removal of trees and shore land

vegetation.

5. Land Alterations, including mineral extraction and landfills.

6. Erection, alteration or relocation of feedlots, holding ponds, and slurry

systems.

7. Location of all essential services.

8. Erection of fences, retaining walls and berms higher than two (2) feet,

except for agricultural fences in the A-40 and Rural Residential Districts.

9. The construction or modification of a dam or dike.

10. Within the flood plain, the erection, addition, or alteration of any building,

structure, or portion thereof; the use or change of use of a building,

structure, or land; the change or extension of a nonconforming use; and

the placement of fill, excavation of materials, or the storage of materials or

equipment.

11. The addition of habitable square footage to a residence when requiring a

structural change.

Subdivision 2: SITE PERMIT PROCEDURES

1. Application. Persons requesting a Site Permit must fill out an application

available from the Zoning Administrator. Application requirements will be

established by the Zoning Administrator and may include, but are not

limited to, the following information: a site plan showing the nature,

location, and dimensions of the lot, existing and proposed structures,

locations to be filled or where materials will be stored, and the location of

the foregoing in relation to the shoreline and floodplain, if applicable.

2. Requirements. Site Permits will be issued only if the proposal is in

compliance with applicable portions of this ordinance including, but not

limited to:

A. Zoning district land uses.

B. Zoning district dimensional standards and setbacks.

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C. Performance standards provided for certain activities of this

Ordinance.

D. Other requirements established by the Zoning Administrator, the

Planning Commission and the City Council.

3. Fee. A fee, established by the City Council must be submitted with the

permit application. An additional fee may be charged for atypical projects,

whether based on size or type of use. Such fees may include

reimbursement of the City for administrative time and professional

services costs incurred by the City.

Subdivision 3: OTHER REGULATIONS

Issuance of a Site Permit does not imply compliance with other applicable City

regulations or regulations of other agencies unless otherwise stated.

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SECTION 8: RULES AND DEFINITIONS

Subdivision 1: RULES

For purposes of this Ordinance the following rules apply:

1. MEASUREMENTS. All measured distances will be to the nearest integral

foot. Unless clearly specified to the contrary, all references to height shall

be measured from “grade” as defined by this Ordinance.

2. DEFINITIONS. Whenever a word or term appears in the text of this

Ordinance, the Subdivision Code (Ord. 2004-24), as amended, the

Stormwater Management Ordinance (Ord. 2008-51) or other land use

ordinance or regulation, its meaning should be construed as defined within

this section, except:

A. Where the context of the ordinance or regulation clearly requires a

different definition;

B. Where the definition is required by statute or regulation that

preempts this Ordinance, for example as it is used within the

Building Code as adopted by the City.

Subdivision 2: DEFINITIONS

For the purpose of this Ordinance, the following terms are defined:

Unless specifically defined below, words or phrases used in this ordinance shall be

interpreted to give them the same meaning they have in common usage and to give this

ordinance its most reasonable application. For the purpose of this ordinance, the words

“must” and “shall” are mandatory and not permissive. All distances, unless otherwise

specified, are measured horizontally.

“ABANDON” The cessation of a specific use of a property for a period of 12 or more

months.

“ABANDONED SIGN” means a Signs and Sign structures not used for signage for

twelve (12) consecutive months and/or signs and their structures which identify,

advertise or provide direction to a use, business, industry or service which has ceased

existence for ninety (90) days or more. Any sign remaining after demolition of a principal

structure shall be deemed to be abandoned. Signs which are present because of being

legally established nonconforming signs or signs which have required a conditional use

permit or a variance shall also be subject to the definition of abandoned sign.

“ABUTTING” means making direct contact with or immediately bordering.

“ACCESS LOT” is a parcel of land that provides access to public waters.

“ACCESSORY BUILDING” means “Structure, Accessory.”

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“ACCESSORY STRUCTURE OR FACILITY” means any building or improvement

subordinate to a principal use.

“ACCESSORY USE” means “Use, Accessory.”

“ADDITION” means a structure added laterally to an existing building and occupying

ground. The addition of minor structural elements such as chimneys, bay windows, and

roof overhangs of two (2) feet or less shall not be considered as an addition. The

enclosure of an existing screened porch, deck, roofed deck, patio, or roofed patio shall

be considered an addition. “Addition” differs from “Alteration.”

“ADJACENT” In close proximity to or neighboring, not necessarily abutting.

“AGGREGATED PROJECT” Aggregated projects are those which are developed and

operated in a coordinated fashion, but which have multiple entities separately owning

one (1) or more of the individual WECS within the larger project. Associated

infrastructure such as power lines and transformers that service the facility may be

owned by a separate entity but are also included as part of the aggregated project.

“AGRICULTURAL BUILDING” A structure on agricultural land designed and

constructed to house farm implements, hay, grain, poultry, livestock or other

horticultural products. An agricultural building shall not be a place of human habitation

or a place of employment where agricultural products are processed, treated or

packaged; nor shall it be a place used by the public.

“AGRICULTURAL LAND USE” means the cultivating or pasturing of a parcel of land or

using it for the raising of animals for non-commercial purposes other than a feedlot or

farming. Agricultural Land Use includes hobby farms.

“AGRICULTURAL USE” means the use of land for the growing and/or production of

field crops, livestock, and livestock products for the production of income including but

not limited to the following:

1. Field crops including but not limited to: barley, soybeans, nursery

stock, garden crops, corn, hay, oats, potatoes, rye, sorghum, and

sunflowers.

2. Livestock including but not limited to: dairy and beef cattle, goats,

horses, sheep, hogs, poultry, game birds and other animals including

dogs, ponies, deer, rabbits, and mink.

3. Livestock products including but not limited to: milk, butter, cheese,

eggs, meat, fur and honey.

“ALLEY” means any public or private street providing a secondary means of ingress

and/or egress to land.

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“ALTERATION” means an increase in the height or volume of a building.

“ANIMALS”

1. Domestic Animals. House pets such as dogs, cats, and birds which

can be contained within a principal structure throughout the entire

year, provided that containment can be accomplished without special

modification to the structure requiring a building permit from the City.

Domestic animals shall include birds and rabbits normally sheltered

outside the home.

2. Farm Animals. Cattle, hogs, bees, sheep, goats, chickens, turkeys,

horses and other animals commonly accepted as farm animals in the

State of Minnesota.

3. Wild Animals or Exotic Animals. Any mammal, amphibian, reptile or

bird which is of a species not usually domesticated, and of a species

which, due to size, wild nature or other characteristics, is dangerous to

humans. The term includes animals and birds the keeping of which is

licensed by the state or federal government, such as wolves, and

raptors. By way of example and not of limitation, the term includes:

snakes, eagles, ocelots, jaguars, cougars, weasels, ferrets, badgers,

monkeys, chimpanzees, deer and bison. The term also includes

crossbreeds such as the cross between dogs and coyotes and dogs

and wolves.

“ANIMAL FEEDLOT” means a lot or building or combination of lots and buildings

intended for the confined feeding, breeding, raising, or holding of animals and

specifically designed as a confinement area in which manure may accumulate, or where

the concentration of animals is such that a vegetative cover cannot be maintained within

the enclosure. For purposes of these parts, open lots used for the feeding and rearing

of poultry (poultry ranges) shall be considered to be animal feedlots. Pastures shall not

be considered animal feedlots under these parts.

“ANTENNA” means any structure or device used to collect or transmit electrical

magnetic waves, including but not limited to directional antennas such as panels,

microwave and satellite dishes, and omni-directional antennas such as whip antennas.

“AREA OF SIGN” means the area of a sign face enclosed in a frame or cabinet shall

be determined on the basis of the outer dimensions of the frame or cabinet surrounding

the sign face. Where the frame or cabinet is not in the shape of a rectangle, square,

triangle, or circle, the sign face area shall be determined by enclosing the extreme limits

of the frame or cabinet within a single continuous perimeter in a common geometric

shape. Supporting framework or bracing that is clearly incidental to the display itself

shall not be computed as sign area. Double-faced (back-to-back) freestanding signs

shall be considered as a single sign face for purposes of calculating allowable sign area

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only if the distance between each sign face does not exceed two feet and the copy is

identical on both faces. Standard formulas for common geometric shapes shall be used

for computing sign area(s). Symbols, flags, pictures, wording, figures or other forms of

graphics painted on or attached to windows, walls, awnings, free-standing structures,

suspended by balloons, or kites or on persons, animals, or vehicles are considered a

sign for purposes of in calculating the overall square footage. Nothing in the paragraph

shall be interpreted to authorize any specific type of sign. See Figure 1.

Figure 1.

Measurement of Sign Area Examples

“ARTERIAL STREET” means “Street - Arterial.

“APPLICANT” means the owner, their agent or person having legal control, ownership

and/or interest in land which the provisions of this Ordinance are being considered for or

reviewed.

“AWNING” means a roof-like cover, often of fabric, plastic, metal or glass designed and

intended for protection from the weather or as a decorative embellishment, and which

projects from a wall or roof of a structure primarily over a window, walk, or the like. Any

part of an awning which also projects over a door shall be counted as an awning.

“AWNING SIGN” means a building sign or graphic printed on or in some fashion

attached directly to the awning material.

“BALCONY” means a landing or porch which may project from the wall of a building

and which may serve as a means of egress.

“BALLOON SIGN” means a sign consisting of a bag made of lightweight material

supported by helium, hot, or pressurized air which is greater than twenty-four (24)

inches in diameter.

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“BASEMENT” means that floor of a building, or portion thereof, which is wholly or

partially, underground or below grade, except any portion or floor more than 50% above

grade is not a basement.

“BED AND BREAKFAST” means an owner occupied single family dwelling unit in

which rooms are rented on a nightly basis for a period of seven (7) or less consecutive

days by the same person. Meals may or may not be provided to residents or overnight

guests.

“BERM” means a mound or embankment of earth, usually two to six feet in height, used to

shield or buffer properties from adjoining uses, streets or noise.

“BIORETENTION BASIN” is a constructed stormwater management practice that accepts

and treats stormwater runoff through filtration and/or infiltration. The basin is not in a direct

flow path for runoff, but is sufficiently adjacent for efficient water diversion.

“BLOCK” means an area of land within a subdivision that is entirely bounded by streets, or

by streets and the exterior boundary or boundaries of the subdivision, or a combination of

the above with a river or lake.

“BLUFF” means a topographic feature such as a hill, cliff, or embankment having the

following characteristics:

A. Part or all of the feature is located in a shoreland area;

B. The slope rises at least 25 feet above the toe of bluff;

C. The grade of the slope from the toe of the bluff to a point 25 feet or

more above the toe of the bluff averages 30 percent or greater, except

that an area with an average slope of less than 18 percent over a distance of

at least 50 feet shall not be considered part of the bluff; and

D. The slope must drain toward the waterbody.

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“BLUFF IMPACT ZONE” means a bluff and land located within 20 feet of the top of a bluff.

“BLUFF, TOE OF” means the lower point of a 50-foot segment with an average slope

exceeding 18 percent or the ordinary high water level, whichever is higher.

“BLUFF, TOP OF” means for the purposes of measuring setbacks, the higher point of a

50-foot segment with an average slope exceeding 18 percent.

“BOARDING HOUSE” means any dwelling occupied in any such manner that certain

rooms in excess of those used by members of the immediate family and occupied as a

home or family unit, are leased or rented to persons outside of the family, without any

attempt to provide therein cooking or kitchen accommodations, providing that

accommodations are not provided for more than ten (10) persons.

“BOATHOUSE” means a structure designed and used solely for the storage of boats.

See “Structure, Water-Oriented.”

“BUFFER YARD” means a landscaped area along lot lines provided to separate and

partially obstruct the view of two (2) adjacent land uses or properties from one another. No

structures except fences shall be allowed in the buffer yard.

“BUILDABLE AREA” is the minimum contiguous area necessary for the construction

of water supply systems, sewage treatment systems, public utilities, structures and

driveways, while still providing for adequate setbacks. Except as otherwise provided,

the “Buildable Area is that area remaining on a parcel after all setback requirements,

bluffs, areas with slopes greater than 15 percent, easements and rights-of-way, historic

sites, wetlands, sensitive resource management areas, and land below the ordinary

high water level of public waters are subtracted. The “Buildable Area” may contain soils

with certain limiting characteristics such as shallow bedrock or high water table.

“BUILDABLE LOT AREA” means “Buildable Area.”

“BUILDING” means any structure, either temporary or permanent, having a roof, and

used or built for the sheltering or enclosure of any person, animal, or chattel or property

of any kind.

“BUILDING HEIGHT” means the vertical distance measured from the average ground

level adjoining the building to the highest point of the roof surface if a flat roof, to the

deck line of mansard roofs, and to the mean height level between eaves and ridge of

gable, hip and gambrel roofs.

“BUILDING INSPECTOR” means the City of Rockville Building Inspector, or their

designee.

“BUILDING LINE” means a line parallel to a lot line or the ordinary high water level at

the required setback beyond which a structure may not extend.

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“BUILDING, PRINCIPAL” means a building or structure in which is conducted the main

or principal use of the lot on which said building or structure is situated.

“BUILDING SIGN” means any sign attached or supported by any Building.

“BUSINESS” means any occupation, employment or enterprise wherein merchandise is

exhibited or sold, or where services are offered for compensation.

“CABINET SIGN” means any wall sign that is not of channel or individually mounted

letter construction.

“CAMPER/TRAILER” means any vehicle designed for carrying property or passengers

on its own structure and for being drawn by a motor vehicle, or is designed to provide

temporary living quarters during recreation, camping, or travel.

“CAMPGROUND” means a development that is used for the purpose of providing sites

for non-permanent overnight use by campers using tents, trailers, recreational camping

vehicles, or other temporary shelters.

“CANOPY” means a roof-like cover, often of fabric, plastic, metal, or glass on a

support, which provides shelter over a doorway or entrance.

“CANOPY SIGN” means any sign that is part of or attached to a canopy, made of

fabric, plastic, or structural protective cover.

“CEMETERY” means a parcel or tract of land used or intended to be used for the burial

of the dead including columbarium’s, crematories, mausoleums and mortuaries when

operated within the boundaries of such cemetery.

“CERTIFICATE OF OCCUPANCY” is a certificate issued by the Building Official in

accord with Building Code Section 109, as amended.

“CERTIFICATE OF SURVEY” means a legal graphic representation of the boundary

survey of a parcel of real property along with the description of the land and the signed

certification of a Minnesota licensed land surveyor. Unless waived by the Zoning

Administrator, a Certificate of Survey must show boundaries of all structures on the

parcel, and distance from lot lines and structures.

“CHANNEL” A natural or artificial depression of perceptible extent, with definite bed and

banks to confine and conduct water either continuously or periodically.

“CHURCH” A building and uses, where persons regularly assemble for religious

worship and which building, and uses, is maintained and controlled by a religious body

organized to sustain public worship.

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“CITY” The City of Rockville, Minnesota.

“CITY ATTORNEY” The person designated by the City Council to be the City Attorney for

Rockville.

“CITY COUNCIL” The Rockville City Council.

“CITY ENGINEER OR CONSULTING ENGINEER” means that professional engineer

as designated by the City Council.

“CLEAR-CUTTING” means the removal of an entire stand of vegetation.

“CLINIC, HUMAN” means a public or proprietary institution providing diagnostic,

therapeutic or preventive treatment of ambulatory human patients by one or more

doctors.

“CLINIC, VETERINARY” means a public or proprietary institution providing for the

medical treatment of domestic and farm animals by one or more veterinary doctors.

“CLUSTERING” or “CLUSTERED” means a development pattern and technique

whereby structures or building sites are arranged in close proximity to one another in

non-linear groups, adjacent to permanently preserved common open space, so as to

make efficient and visually aesthetic use of the natural features of the landscape and

maximize visualization of permanently preserved open space.

“COMMERCIAL PLANNED UNIT DEVELOPMENTS” means developments that provide

transient, short-term lodging spaces, rooms, or parcels and their operations are essentially

service-oriented. For example, hotel/motel accommodations, resorts, recreational vehicle

and camping parks, and other primarily service-oriented activities are commercial planned

unit developments.

“COMMERCIAL USE” means the principal use of land or buildings for the sale, lease,

rental, or trade of products, goods, and services.

“COMMERCIAL WECS” A WECS of equal to or greater than 40 kW in total name plate

generating capacity.

“COMMERCIAL WIRELESS TELECOMMUNICATIONS SERVICES” means licensed

commercial wireless telecommunications services, including cellular, personal

communication services (PCS), specialized mobilized radio (SMR), enhanced

specialized mobilized radio (ESMR), paging, and similar services that are marketed to

the general public.

“COMMISSIONER” means the commissioner of the Department of Natural Resources.

“COMMON INTEREST COMMUNITY” means contiguous or noncontiguous real estate

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that is subject to an instrument which obligates persons owning a separately described

parcel of the real estate, or occupying a part of the real estate pursuant to a proprietary

lease, by reason of their ownership or occupancy, to pay for real estate taxes levied

against, insurance premiums payable with respect to, maintenance of, or construction,

maintenance, repair or replacement of improvements located on one or more parcels or

parts of the real estate other than the parcel or part that the person owns or occupies.

“COMMON OPEN SPACE” means a portion of a development site that is permanently

set aside for public or private use, is held in common ownership by all individual owners

within a development, and will not be developed. Common open space shall include

wetlands, upland recreational areas, wildlife areas, historic sites, and areas unsuitable

for development in their natural state. Common open space is not the space between

buildings of a cluster in a conservation subdivision and planned unit development, and it

does not include an area of twenty-five (25) feet around each structure or any

impervious surface.

“COMMUNITY WATER AND SEWER SYSTEMS” means utilities systems serving a

group of buildings, lot, or any area of the community, with the design and construction of

such utility systems.

“COMPREHENSIVE MUNICIPAL PLAN” means a compilation of the City’s policy

statements, goals, standards, and maps for guiding the physical, social and economic

development, both private and public, of the municipality and its environs, including air

space and subsurface areas necessary for mined underground space development

pursuant to Minnesota Statutes Sections 469.135 to 469.141, and may include, but is

not limited to, the following: statements of policies, goals, standards, a land use plan,

including proposed densities for development, a community facilities plan, a

transportation plan, and recommendations for plan execution. The comprehensive

plan represents recommendations for the future development of the community.

“CONDITIONAL USE” means a land use or development as defined by ordinance that

would not be appropriate generally but may be allowed with appropriate restrictions upon a

finding that certain conditions as detailed in the zoning ordinance exist, the use or

development conforms to the comprehensive land use plan of the community, and the use

is compatible with the existing neighborhood.

“CONDOMINIUM” means a common interest community in which portions of the real

estate are designated as units and the remainder of the real estate is designated for

common ownership solely by the owners of the units. In addition, undivided interests in

the common elements are vested in the unit owners.

“CONTIGUOUS TRACT” the following rules shall apply when determining contiguous

property:

A. Tracts that are geometrically touching at any one point are contiguous.

B. Contiguous tracts which cross political subdivision boundaries remain

contiguous.

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C. Tracts purchased under separate documents remain individual and

unique.

D. Except when determining lot coverage, property that would be contiguous

under these rules, but for the fact that the property is separated by a

public or private road, driveway, thruway etc., shall be deemed to be

contiguous.

“CONTRACTOR” General contractors and builders engaged in the construction of

buildings, either residences or commercial structures, as well as heavy construction

contractors engaged in activities such as paving, highway and utility construction.

“CONTROLLED ACCESS LOT” means a lot used to access public waters or as a

recreation area for owners of non-riparian lots within the same subdivision containing the

controlled access lot.

“CONSERVATION SUBDIVISION” is a method of subdivision characterized by

common open space and clustered compact lots, with the purpose of creating greater

community value through open space amenities for homeowners and protection of

natural resources, while allowing for the residential densities consistent with prevailing

densities. Site designs incorporate standards of low impact development, such as the

use of some single-load roadways and narrower rights-of-way, looped road-ways versus

cul-de-sacs, maximum road setbacks for structures, and preservation of trees,

shoreline, unique resources, and scenic vistas, and these developments use

Stormwater designs that emphasize on-site retention and infiltration through the

preservation of native vegetation within the shore impact zone, use of pervious

surfaces, rain gardens, and swales.

“COVENANT (PROTECTIVE/RESTRICTIVE)” means contracts made between private

parties as to the manner in which land may be used, with the view to protecting and

preserving the physical and economic integrity of any given area, which are recorded in

the Office of the Stearns County Recorder. Protective covenants are enforced only by

the landowners involved and not by the City or other public agency.

“CONVENIENCE STORE” means a retail business with primary emphasis placed on

providing the public a convenient location to quickly purchase from a wide variety of

consumable products (predominantly food or food and gasoline) and services.

“CONVENTIONAL SUBDIVISION” means a pattern of subdivision development that

permits the division of land in the standard form where lots are spread evenly

throughout a parcel with little regard for natural features or common open space as

compared to a conservation subdivision where lots are clustered and common opens

space is provided.

“COOPERATIVE” means a common interest community in which the real estate is

owned by an association, each of whose members are entitled by virtue of the

member’s ownership interest in the association to a proprietary lease.

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“CORRUGATED METAL” A structural sheet metal, usually galvanized, shaped in parallel

furrows and ridges for rigidity with exposed fasteners systems.

“CRAWL SPACE” means any areas or rooms with 3.5 feet or less ceiling height

measured to the finished floor or grade below.

“CUL-DE-SAC” is a “Local Street” with only one outlet and having an appropriate

terminal for the safe and convenient reversal of traffic movement.

“DAY CARE” means the regular providing of care or supervision for pecuniary gain or

otherwise to one or more children for periods of less than twenty-four (24) hours per

day, conducted entirely within a dwelling and with the only employees being residents of

that dwelling.

“DAY CARE, FAMILY” means the regular providing of care or supervision for pecuniary

gain or otherwise to one or more children for periods of less than twenty-four (24) hours

per day, conducted entirely within a dwelling and with the only employees being

residents of that dwelling.

“DECIBEL” A unit of measurement of the intensity of sound level.

“DECIDUOUS SHRUB” means a woody plant that ranges from three (3) to fifteen (15)

feet tall at maturity and often are multi-stemmed with low branching.

“DECIDUOUS TREE” means a shade producing woody plant of at least fifteen (15) feet

tall at maturity.

“DECK” means a horizontal, unenclosed platform with or without attached railings, seats,

trellises, or other features, attached or functionally related to a principal use or site and at

any point extending thirty (30) inches or more above ground.

“DEPOSITION” Any rock, soil, gravel, sand or other material deposited naturally or by man

into a waterbody, watercourse, floodplains, or wetlands.

“DESIGNATED TROUT STREAM” means officially designated trout streams

designated as such by order of the Commissioner of Natural Resources.

“DITCH” any depression two (2) feet or more below the surrounding land serving to

give direction to a current of water and having a bed and well-defined bank. A ditch is

generally not able to be plowed or tilled due to its depth or width.

“DISPLACEMENT (VIBRATION)” means displacement is the amount of motion involved in

a vibration.

“DRAINING” means the removal of surface water or ground water from land.

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“DREDGING” means to enlarge or clean out a waterbody, watercourse, or wetland.

“DUPLEX,” “TRIPLEX,” and “QUAD” means a dwelling structure on a single lot, having

two, three, and four units, respectively, attached by common walls and each unit equipped

with separate sleeping, cooking, eating, living, and sanitation facilities.

“DWELLING” means a building or portion thereof, designed or used exclusively for

residential occupancy, but not including hotels, motels, and garage space.

“DWELLING, SINGLE FAMILY” means a building with a single dwelling occupied by

only one (1) family, and so designed and arranged as to provide cooking and kitchen

accommodations and sanitary facilities for only one (1) family.

“DWELLING SITE” means a designated location for residential use by one or more

persons using temporary or movable shelter, including camping and recreational vehicle

sites.

“DWELLING, TWO FAMILY” means a building so designed and arranged to provide

cooking and kitchen accommodations and sanitary facilities for occupancy by two (2)

families.

“DWELLING UNIT” means any structure or portion of a structure, or other shelter

designed as short- or long-term living quarters for one or more persons, including rental

or timeshare accommodations such as motel, hotel, and resort rooms and cabins.

“EASEMENT” means a property interest or right of use over the property of another.

“ELEVATION” means the view of the side, front, or rear of a given structure(s).

“ELEVATION AREA” means the area of all walls that face any lot line.

“EXTRACTIVE USE” means the use of land for surface or subsurface removal of sand,

gravel, rock, industrial minerals, other nonmetallic minerals, and peat not regulated

under Minnesota Statutes, Sections 93.44 to 93.51.

“ENCROACHMENT” means advancement beyond the usual or proper limits. When

used for determining animal feedlot setback requirements, encroachment is determined

by measuring from the closest point of the existing permitted or registered animal

feedlot.

“ERECT” means activity of constructing, building, raising, assembling, placing, affixing,

attaching, creating, painting, drawing or any other way of bringing into being or

establishing.

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“EROSION CONTROL AND WILDLIFE DEVELOPMENTS” means those structures,

water control developments, and ponds which are installed to control soil erosion or

increase the habitat for wildlife, including but not limited to; erosion control structures,

dams, diversions, terraces, waterways, culverts, pits and ponds.

“ESSENTIAL SERVICES” means overhead or underground electric, gas,

communication, sewage, steam or water transmission or distribution systems and

structures, operated by public utilities or governmental departments or commissions or

as are required for protection of the public health, safety, or general welfare, including

towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes,

police call boxes, and accessories in connection therewith, but not including buildings.

“EVENT CENTER” is a fixed facility or establishment meant solely for private banquets,

receptions, recitals and social functions. Food and beverage must brought on site or

prepared in an approved kitchen on site. No retail sale of food and beverage may

occur, except as accessory activity to the reserved event. Use shall be by reservation

only, and no reserved event may be held open to the public. Entertainment scheduled

in conjunction with the reserved events may be permitted as an accessory activity of the

use. A reception facility shall not be operated as a restaurant or liquor establishment,

and may not be used as such.

“EVERGREEN /CONIFER TREE” means an upright cone-bearing plant having green

needle-like foliage throughout the year and at least fifteen (15) feet at maturity.

“EVERGREEN/CONIFER SHRUB” means a woody plant having green needle-like

foliage throughout the year and ranging from three (3) to fifteen (15) feet tall at maturity

and often are multi-stemmed with low branching.

“EXCAVATION” means the mechanical removal of earth material below finish grade and

shall be limited to only those areas needing soil correction, and shall not include the

exporting of earth material from the site.

“EXISTING GRADE” means the grade prior to grading.

“EXPANSION” An increase in the floor or land area or volume of an existing building.

“EXTRACTIVE USE” means the use of land for surface or subsurface removal of sand,

gravel, rock, industrial minerals, other non-metallic minerals, and peat not regulated

under Minnesota Statutes, Sections 93.44 to 93.51.

“FALL ZONE” The area, defined as the furthest distance from the tower base, in which

a guyed tower will collapse in the event of a structural failure. This area is less than the

total height of the structure.

“FAMILY” mean those persons living together on the premises in a single dwelling unit

under one of the following conditions:

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1. Four (4) or fewer unrelated persons, or;

2. Any number of persons related by blood, marriage or legal

adoption, or;

3. Any number of persons related by blood, marriage or legal adoption, and

two (2) unrelated persons.

“FARM” means a tract of land, which is principally used for agricultural activities such

as the production of crops, and/or animals. A farm may include agricultural dwellings

and accessory buildings and structures necessary to the operation of the farm and must

meet the definition of Afarm@ under Minnesota’s Green Acres Law Minnesota Statutes

Chapter 273.111, as amended.

“FARMING” means the cultivating or pasturing of a parcel of land or using it for the

raising of livestock or fowl for commercial purposes.

“FEEDER LINE” Any power line that carries electrical power from one (1) or more wind

turbines or individual transformers associated with individual wind turbines to the point

of interconnection with the electric power grid, in the case of interconnection with the

high voltage transmission systems the point of interconnection shall be the substation

serving the WECS.

“FEEDLOT” means a lot or building or combination of lots and buildings intended for

the confined feeding, breeding, raising or holding of animals and specifically designed

as a confinement area in which manure may accumulate, or where the concentration of

animals is such that a vegetative cover cannot be maintained within the enclosure. For

purposes of this Ordinance, open lots used for the feeding and rearing of poultry

(poultry ranges) shall be considered to be animal feedlots. Pastures shall not be

considered animal feedlots. Manure storage areas off the site of the feedlot will be

considered as a feedlot for this Ordinance Minn. R. 7020.0300, Subp. 3.

“FENCE” means any lineal structure including walls, hedges or similar barriers used to

prevent access by persons or animals or acting as a visual or sound barrier.

“FENCE, AGRICULTURAL” means an artificially erected barrier, other than buildings,

vehicles or machinery, constructed of manmade material, or a combination of manmade

materials, erected to enclose an area of land used for agricultural purposes. An

agricultural fence may be constructed of barbed, electric, meshed, and/or woven wire.

Agricultural fences are only allowed in the A-40 and Rural Residential Districts.

“FENCE, COMMERCIAL” means a fence on a lot zoned for commercial or industrial

use. Commercial fences shall normally not exceed six (6) feet in height; however, a

Conditional Use Permit may be issued for a commercial/industrial fence providing it

does not exceed eight (8) feet in height and meets State Building Code requirements.

“FENCE, OPEN” means a Fence that permits fifty percent (50%) or greater visibility

opaque.

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“FENCE, RESIDENTIAL” means a fence on a residential lot which shall not exceed six

(6) feet in height.

“FENCE, SOLID” means a fence that permits less than fifty percent (50%) visibility

opaque.

“FILL” means a deposit of each material placed by artificial means so as to elevate the

grade of a site.

“FILLING” means the act of depositing any rock, soil, gravel, sand, or other material so as

to fill or partly fill a waterbody, watercourse, wetland, channel, natural or excavated hole,

trench, or other swell or depression in the earth.

“FISH HOUSE” means a structure set on the ice of state waters to provide shelter while

taking fish by angling as defined by Minnesota Statute 97A.015 Subd. 21, or by

spearing.

“FLAG” means any fabric or similar lightweight material attached at one end of the

material, usually to a staff or pole, so as to allow movement of the material by

atmospheric changes and which contains distinctive colors, patterns, symbols,

emblems, insignia, or other symbolic devices.

“FLASHING SIGN” means a directly or indirectly illuminated sign which exhibits

changing light or color effect by any means, so as to provide intermittent illumination

which includes the illusion of intermittent flashing light by means of animation. Also any

mode of lighting which resembles zooming, twinkling, or sparkling.

“FLOOD” means a temporary rise in stream flow or stage which results in inundation of

the areas adjacent to the channel.

“FLOOD FRINGE AREA” means the portion of the flood plain outside of the floodway.

“FLOODPLAIN” means the areas adjoining a watercourse or water basin that have

been or may be covered by a regional flood.

“FLOODWAY” means the channel of the watercourse, the bed of water basins, and

those portions of the adjoining floodplains that are reasonably required to carry and

discharge floodwater and provide water storage during a regional flood.

“FLOOR AREA” means the area within the exterior walls of the main building or

structure as measured from the outside walls at the ground level, not including garages

or unenclosed porches.

“FOOT CANDLE” means a unit of illumination intensity.

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“FOREST FLOOR DUFF LAYER” is all dead vegetation on the mineral soil surface in

the forest, including leaf litter, and unincorporated humus.

“FOREST LAND CONVERSION” means the clear cutting of forested lands to prepare

for a new land use other than reestablishment of a subsequent forest stand.

“FREESTANDING SIGN” means any sign which has supporting framework that is

placed on, or anchored in, the ground and which is independent from any building or

other structure.

“FREQUENCY” means the number of oscillations per second in a sound wave; an index of

the pitch of the resulting sound.

“FRONTAGE ROAD” is a street intended primarily to provide access to abutting

property and located adjacent and generally parallel to a thoroughfare to which access

is restricted.

“FUEL STORAGE” means a tank for the storage of fuel that must be placed and

maintained above ground for personal use and not for resale and must comply with

Minnesota Pollution Control Standard (MPCA).

“GAZEBO” means a freestanding accessory structure or pavilion. Such structures are

characterized by partly open construction, design symmetry, and the use of ornamental

architectural features.

“GARAGE, COMMERCIAL” is any premises used for storing or caring for motor

vehicles, or premises where any such motor vehicles are equipped for operation, are

repaired or are kept for remuneration, for hire or for sale.

“GARAGE, PRIVATE” is an accessory building designed or used for the storage of

motor vehicles, boats, trailers, and recreational equipment owned and used by the

occupants of the building to which it is accessory.

“GASOLINE SERVICE STATION” is a building or structure designed or used for the

retail sale or supply of fuels, lubricants and other operating commodities for motor

vehicles, and including the customary space and facilities for the installation of such

commodities on or in such vehicles, but not including special facilities for the painting,

major repair or similar servicing thereof.

“GRADE” means the average elevation of the finished surface of the ground, paving or

sidewalk within 20 feet of the structure.

“GREEN SPACE” means areas of natural growth such as grass, trees, or shrubs.

Minimal landscaping may be permitted if it accents the Green Space.

“GREENHOUSE” means an enclosure used for the cultivation or protection of plants.

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“GUEST COTTAGE” means a structure used as a dwelling unit that may contain

sleeping spaces and kitchen and bathroom facilities in addition to those provided in the

primary dwelling unit on a lot.

“HALF STREET” means a street having only one-half of its intended right-of-way width

developed to accommodate traffic.

“HARD SURFACED” means a surface that is improved and maintained with an asphalt

or portland cement binder material or such other surface as may be approved by the

City, to provide a durable and dust free surface.

“HARDSHIP” means the same as that term is defined in Minnesota Statutes, Section

462.357, Subdivision 6(2); or successor statutes.

“HEIGHT” is the vertical distance measured from the grade adjoining the subject,

structure (other than buildings) or improvement to the highest point of the same.

“HEIGHT OF BUILDING” means the vertical distance between the highest adjoining

ground level at the building or ten feet above the lowest adjoining 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.

“HEIGHT OF SIGN” means the height of the sign shall be computed as the vertical

distance measured from the highest attached component of the sign to either the grade

or the top of the nearest curb of the street on which the sign fronts, whichever is

greatest.

“HIGHWAY” Any public thoroughfare or vehicular right-of-way with a federal, state, or

county numerical route designation.

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“HOME EXTENDED BUSINESS” means an occupation or profession engaged in by

the occupant of a dwelling unit, within said unit or accessory structure, which involves

the storage of vehicles and equipment (as limited by this Ordinance and the conditions

established by the City Council upon the review and recommendation of the Planning

Commission); repair; service or assembly requiring equipment other than customarily

found in a home; or the storage of stock in trade incidental to the performance of a

service. The proposed activity shall be clearly incidental and secondary to the

residential use of the premise, and shall only include the sale of merchandise incidental

to the Home Extended Business.

“HOME OCCUPATION” means any occupation or profession engaged in by the

occupant of a dwelling, which is clearly secondary to the principal use, when carried on

within the dwelling unit and not in any accessory building, and which shows no activity

other than activity normally present in a residential dwelling unit.

“HOOP STRUCTURE” is a structure with a membrane, fabric or similar roof and/or

walls. Said structure shall be anchored in place, will be considered as another building,

will be required to go through the same procedure as accessory buildings, and must

meet setback requirements. If permanent it needs to be certified and meet wind and

snow-load requirements.

“HYDRIC SOILS” is soils that are saturated, flooded or ponded long enough during the

growing season to develop anaerobic conditions in the upper part.

“HYDROPHYTIC VEGETATION” Macrophytic plant life growing in water, soil or on

substrata that is at least periodically deficient in oxygen as a result of excessive water

content.

“ILLUMINATED SIGN” means any sign which contains an element designed to

emanate artificial light internally or externally.

“IMPERVIOUS SURFACE” means a constructed hard surface that prevents or retards

entry of water into the soil and causes water to run off the surface in greater quantities

and at an increased rate of flow than prior to development, including rooftops; decks;

sidewalks; patios; swimming pools; parking lots; concrete, asphalt, or gravel driveways;

and other similar surfaces, but not including decks or platforms where at least ¼ inch

gaps are provided between deck boards that allows for water to drain/infiltrate.

“INDIVIDUAL SEWAGE TREATMENT SYSTEM” shall have the meaning given in

Minnesota Rules, Chapter 7080.0020, Subpart 21; or successor rules.

“INDUSTRIAL USE” means the use of land or buildings for the production, manufacture,

warehousing, storage, or transfer of goods, products, commodities, or other wholesale

items.

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“INDUSTRY” An enterprise that involves the production, processing, or storage of

materials, goods or products.

“INFILTRATION TRENCH” means a type of best management practice (BMP) that is

used to manage stormwater runoff, prevent flooding and downstream erosion and

improve water. It is a shallow excavated trench filled with gravel or crushed stone that is

designed to infiltrate stormwater though permeable soils into the groundwater aquifer.

“INTENSIVE VEGETATION CLEARING” means the complete removal of trees or shrubs

in a contiguous patch, strip, row, or block.

“INTERIOR SIGN” means a sign which is located within the interior of any building, or

within an enclosed lobby or court of any building, and a sign for and located within the

inner or outer body, court or entrance of any theater.

“INTERSTATE 94 CORRIDOR” means Interstate 94 East and West of Highway 23

abutting Rockville city limits.

“JUNK YARD” means an open area where waste, used, or second hand materials are

bought, sold, exchanged, stored, baled, packed, disassembled or handled, including but

not limited to, scrap iron and other metals, paper, rags, rubber, tires, and bottles. A junk

yard includes an auto wrecking yard but does not include uses established entirely within

enclosed buildings. This definition does not include sanitary landfills.

“KENNEL, COMMERCIAL” means a structure, building or fenced area whose principal

purpose is to house or confine three (3) or more domestic animals.

“KENNEL, PRIVATE” means any premise or fenced area whose principal purpose is to

house or confine two (2) or less domestic animals over six (6) months of age owned by

the residents of the principal structure.

“LAND USE PLAN” means a compilation of policy statements, goals, standards, and

maps, and action programs for guiding the future development of private and public

property. The term includes a plan designating types of uses for the entire municipality

as well as a specialized plan showing specific areas or specific types of land uses, such

as residential, commercial, industrial, public or semipublic uses or any combination of

such uses. A land use plan may also include the proposed densities for development.

“LANDFILL” means a type of operation in which earth is deposited in alternate layers of

specified depth in accordance with a definite plan on a specified portion of open land, with

each layer being compacted by force applied by mechanical equipment.

“LANDSCAPED AREA” means the area within the boundaries of a given lot consisting

primarily of plant material, including but not limited to grass, trees, shrubs, flowers,

vines, ground cover and other organic plant materials. Inorganic materials, such as

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brick, stone, or aggregate.

“LEGALLY ESTABLISHED NONCONFORMING SIGN” means any sign and its

support structure lawfully erected prior to April 16, 2003 which fails to conform to the

requirements of this ordinance. A sign which was erected in accordance with a variance

granted prior to the adoption of this ordinance and which does not comply with this

ordinance shall be deemed to be a legal nonconforming sign. A sign which was

unlawfully erected shall be deemed to be an illegal sign.

“LOADING SPACE (OFF-STREET)” means a formally delineated space, area, or berth on

the same lot with a building, or contiguous to a group of buildings, for the temporary parking

of a vehicle or truck while loading or unloading merchandise or materials.

“LOT” means a parcel of land designated by plat, metes and bounds, registered land

survey, auditors plot, or other accepted means and separated from other parcels or

portions by said description for the purpose of sale, lease, or separation.

“LOT AREA” means “parcel area.”

“LOT, CORNER” is a parcel situated at the junction of two (2) or more intersecting

streets, or a parcel at the point of deflection in alignment of a single street, the interior

angle of which is one hundred thirty-five (135) degrees or less.

“LOT COVERAGE” means the part of percentage of the parcel covered by impervious

surfaces.

“LOT FRONTAGE” means the width of the front of a lot or building site measured on

the line separating it from the public street or way. The front line of corner lots shall be

considered the shortest street line. The front of a lot shall be that boundary abutting a

public right–of-way having the least width. If no public right-of-way exists, the boundary

abutting a private right-of-way leading to a public right-of-way shall be used to

determine lot frontage.

“LOT LINE” is a property boundary line of any parcel held in single or separate

ownership, except that where any portion of the lot extends into the abutting street or

alley, the lot line shall be deemed to be the edge of the street or alley right-of-way.

“LOT LINE FRONT” means that boundary of a lot which abuts an exiting or dedicated

public street. Riparian lot line front is the lake side.

“LOT OF RECORD” is a parcel which is part of a subdivision, the map of which has

been recorded in the office of the Stearns County Recorder or a parcel described by

metes and bounds, the deed to which has been recorded in the office of the Stearns

County Recorder prior to April 16, 2003 and which has an individual tax parcel

identification number and which was a legally buildable lot as of May 6

, 2003.

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“LOT WIDTH” means the minimum distance between:

A. Side lot lines measured at the midpoint of the building line; and

B. Side lot lines at the ordinary high water level, if applicable.

“LOWEST FLOOR” means the lowermost floor of the lowest enclosed area, including

basement and crawl space. An unfinished or flood resistant enclosure, used solely for

parking of vehicles, building access, or storage in an area other than a basement or

crawl space area, is not considered a building’s lowest floor.

“MAJOR SUBDIVISION” means any division of a parcel of land involving the

establishment of three or more lots.

“MANUFACTURED HOME” shall have the meaning given in Minnesota Statutes,

section 327.31, subdivision 6; or successor statutes.

“MANUFACTURED HOME PARK” means any site, lot, field or tract of land upon which

two (2) or more occupied manufactured homes are located, either free of charge or for

compensation, and includes any building, structure, tent, vehicle or enclosure used or

intended for use as part of the equipment of the manufactured home park.

“MARINA” means either an island or offshore commercial mooring facility for the

concentrated mooring of seven or more watercraft or seaplanes wherein commercial

ancillary services common to marinas are provided.

“MARQUEE” means any permanent roof-like structure projecting beyond a building or

extending along and projecting beyond the wall of that building, generally designed and

constructed to provide protection from the weather.

“MARQUEE SIGN” means any building sign painted, mounted, constructed or attached

in any manner, on a marquee.

“METALLIC MINERALS AND PEAT” has the meaning given under Minnesota Statutes,

Sections 93.44 to 93.51.

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“METEOROLOGICAL TOWER” For the purposes of this Chapter, meteorological

towers are those towers which are erected primarily to measure wind speed and

directions plus other data relevant to siting WECS. Meteorological towers do not include

towers and equipment used by airports, the Minnesota Department of Transportation, or

other similar applications to monitor weather conditions.

“METES AND BOUNDS” means a description of real property which is not described

by reference to a lot or block shown on a map or a recorded plat, but is described by

starting at a known point and describing the direction and length of the lines forming the

boundaries of the property.

“MINERALS” means soil, clay, stone, sand and gravel and other similar solid material

or substance to be mined from natural deposits.

“MINING” means any Extractive Use as defined by this Ordinance.

“MINIMUM STREET LANDSCAPING” means the minimum landscaped area which

must be provided in a front yard, expressed as a percent of the total area contained

within that yard.

“MODEL HOME” is a home which is similar to others in a development and which is open

to public inspection for the purpose of selling said other homes.

“MONUMENT SIGN” means any freestanding sign with its sign face mounted on the

ground or mounted on a base at least as wide as the sign.

“MOTEL/HOTEL” is a business comprising a series of attached, semi-detached or

detached rental units with or without eating facilities for the overnight accommodation of

transient guests and travelers.

“MPCA” means the Minnesota Pollution Control Agency.

“MULTIPLE TENANT SITE” means any site which has more than one (1) tenant, and

each tenant has a separate ground level exterior public entrance.

“NATURALDRAINAGE SYSTEM” all land surface areas which by nature of their contour

configuration, collect, store and channel surface water runoff.

“NONCOMMERCIAL SPEECH” means dissemination of messages not classified as

Commercial Speech which include, but are not limited to, messages concerning

political, religious, social, ideological, public service and informational topics.

“NON-COMMERCIAL WECS” A WECS of less than 40 kW in total name plate

generating capacity.

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“NONCONFROMING LOT” means a lot that does not comply with the minimum lot area or

frontage requirements of the district in which it is located.

“NONCONFORMING STRUCTURE” means a structure which, although it conformed

to the legal requirements at the time of its construction, no longer conforms to the

requirements of this Ordinance (including but not limited to characteristics such as

setbacks, building height, or lot coverage).

“NONCONFORMING USE” means any use of land or a structure that was legally

established, which use is no longer permitted within that particular zoning district.

“NOXIOUS MATTER OR MATERIAL” is material capable of causing injury to living or

capable of causing detrimental effects on the physical or economic well being of

individuals.

“NURSERY, RETAIL” is a parcel that is principally used for the planting and growing of

trees, flowering and decorative plants and shrubs for experimental purposes or for

transplanting, and which provides for retail sales.

“NURSERY, WHOLESALE” is a parcel that is principally used for the planting and

growing of trees, flowering and decorative plants and shrubs for experimental purposes

or for transplanting and sale at wholesale. Wholesale nurseries may not conduct on-

premises retail sales.

“OCCUPANCY” The purpose for which a building is used or intended to be used. The

term shall also include the building or room housing such use. Change of occupancy is

not intended to include change of tenants or proprietors.

“OFF-PREMISE SIGN” means a sign which directs the attention of the public to a

business, activity conducted, or product sold or offered at a location not on the same lot

where such sign is located. For purposes of this sign ordinance, easements and other

appurtenances shall be considered to be outside such lot and any sign located or

proposed to be located in an easement or other appurtenance shall be considered an

off-premise sign.

“OFFICIAL CONTROLS” are the Ordinances and regulations which control the

physical development of the City.

“OFFICIAL MAP” means a map adopted in accordance with Minnesota Statues

Section 462.359 which may show existing and proposed future streets, roads, and

highways of the municipality and county, the area needed for widening of existing

streets, roads, and highways of the municipality and county, existing and proposed air

space and subsurface areas necessary for mined underground space development

pursuant to Minnesota Statutes Sections 469.135 to 469.141, and existing and future

county state aid highways and state trunk highway rights-of-way.

“ON-PREMISE MESSAGE” means identify or advertise an establishment, person,

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activity, goods, products or services located on the premises where the sign is installed.

“OPEN SPACES” means an area of natural growth without any improvements, other

than essential services that cannot be located elsewhere.

“ORDINARY HIGH WATER LEVEL” means the boundary of public waters and wetlands,

and shall be an elevation delineating the highest water level which has been maintained for

a sufficient period of time to leave evidence upon the landscape, commonly that point

where the natural vegetation changes from predominantly aquatic to predominantly

terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the

bank of the channel. For reservoirs and flowages, the ordinary high water level is the

operating elevation of the normal summer pool.

“OUTLOT” is a parcel of land, included in a plat, which is smaller than the minimum size

permitted for lots and which is thereby declared unbuildable until combined through platting

with additional land; or, a parcel of land which is included in a plat and which is at least

double the minimum size and which is thereby subject to future platting prior to

development; or a parcel of land which is included in a plat and which is designated for

public or private open space, right-of-way, utilities or other similar purposes.

“OWNER” means any individual, firm, association, syndicate, partnership, corporation,

trust or other legal entity having sufficient property interest in a property to commence and

maintain proceedings under this Ordinance, or the owner of record.

“PARCEL” is an area of land designated by metes and bounds, registered land survey,

plat or other accepted means, and separated from other parcels or portions by said

description for the purpose of sale, lease, or separation thereof. “Parcel” may be used

in the singular to identify a group of parcels which are being treated a single area of

land separate from that area not in the group.

“PARCEL AREA” means the area of a horizontal plane within the boundaries of the

parcel.

“PARKING AREA” means an area subject to vehicular traffic, including but not limited

to access-ways, driveways, loading areas, service areas and parking stalls for all types

of vehicles. This definition shall not apply to covered parking structures, underground

parking lots or public streets.

“PARKING SPACE” means an enclosed or unenclosed area of not less than two

hundred (200) (10x20) square feet, with adequate access drives to streets, but

exclusive of the access or maneuvering areas, to be used exclusively as a temporary

storage space for one (1) motor vehicle and which has a surface constructed of asphalt,

concrete or a similar permanent hard surface.

“PASTURES” are the areas where grass or other growing plants are used for grazing

and where the concentration of animals is such that a vegetative cover is maintained

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during the growing season except in the immediate vicinity of temporary supplemental

feeding or watering devices.

“PATIO” means an open recreation area that is often paved and within one (1) foot of

pre-existing grade. A patio may not have attached railings, trellises, seats, or other

features that extend more than one (1) foot above pre-existing or natural grade.

“PEDESTRIAN AND/OR BICYCLE TRAIL” an easement or land dedication given to

the City for the purpose of providing walking and/or bicycling areas to City residents.

The trails shall provide recreational opportunity and also access to parks, natural areas,

and public land in accordance with the Comprehensive Plan.

“PEDESTRIAN WAY” means a public or private right-of-way across private or public

property to provide access to be used by pedestrians and which may also be used for

the installation of utility lines.

“PERFORMANCE STANDARD” A criterion established for, but not limited to, setbacks,

fencing, landscaping, screening, drainage, accessory buildings, outside storage, off-

street parking, and to control noise, odor, toxic or noxious matter, vibration, fire and

explosive hazards, or glare or heat or other nuisance elements generated by or inherent

in use of land or buildings.

“PERSON” means any individual, corporation, firm, partnership, association,

organization or other group acting as a unit. It also includes any executor,

administrator, trustee, receiver or other representative appointed by law. Whenever the

word person is used in any section prescribing a penalty or fine, it shall include the

partners or members of any corporation, who are responsible for the violation.

“PLAN, CONCEPT” is a sketch, preparatory to a formal request for the subdivision of

land, to enable the subdivider to communicate its plans with an intent to save time and

expense in reaching consensus with planning entities. The concept plan must be drawn

to scale and should show all existing buildings and site improvements. It should be

informative as to the general lot layout and approximate sizes, park location, and street

location.

“PLANNED UNIT DEVELOPMENT” means a type of 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, and also usually involving clustering of these units or sites to provide

areas of common open space, density increases, and a mix of structure types and land

uses. These developments may be organized and operated as condominiums, time-share

condominiums, cooperatives, full fee ownership, commercial enterprises, or any

combination of these, or cluster subdivisions of dwelling units, residential condominiums,

townhouses, apartment buildings, dwelling grounds, recreational vehicle parks, resorts,

hotels, motels, and conversions of structures and land uses to these uses.

“PLANNING COMMISSION” means the Planning Commission of the City of Rockville.

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“PLAT” is the drawing or map of a subdivision prepared for filing of record pursuant to

Minn. Statutes Chapter 505 and containing all elements and requirements set forth in

regulations adopted pursuant to Minn. Statute Section 462.358 and Chapter 505.

“PLAT, FINAL” is a drawing or map of a subdivision meeting all the requirements of the

City and in such form as required by the County for purposes of recording.

“PLATFORM” means a horizontal, unenclosed structure with or without attached

railings, seats, trellises, or other features, attached or functionally related to a principal

use or site and at any point extending less than thirty (30) inches above ground.

“PLAT, PRELIMINARY” is the preliminary map, drawing or chart indicating the

proposed layout of the subdivision to be submitted to the Planning Commission for its

consideration.

“POLE BUILDING” Any structure possessing the following characteristics: structural wood

poles or timbers buried in ground on individual footings, metal wall coverings hung vertically

of less than twenty-eight (28) gauge; or any structure constructed using post-frame design.

“POLE SIGN” See Pylon Sign.

“PORTABLE SIGN” means any sign which is manifestly designed to be transported,

including by trailer or on its own wheels, even though the wheels of such sign may be

removed and the remaining chassis or support is converted to another sign or attached

temporarily or permanently to the ground since this characteristic is based on the design

of such a sign.

“PREMISES” means a lot or plot with the required front, side and rear yards for a dwelling,

structure, or other use as allowed under this Ordinance.

“PRINCIPAL BUILDING” A building or group of buildings which are permanently

affixed to the land and which are built, used, designed or intended for the shelter or

enclosure of the principal use on the property.”

“PRINCIPAL USE” The primary or predominant use of any land and/or buildings and

the main purpose for which the land and/or buildings exist.

“PROJECTING SIGN” means any sign which is affixed to a building or wall in such a

manner that its leading edge extends more than two (2) feet beyond the surface or such

building or wall face.

“PROPERTY LINE” The boundary line of the area over which the entity applying for a

WECS permit has legal control for the purposes of installation of a WECS. This control

may be attained through fee title ownership, easement, or other appropriate contractual

relationship between the project developer and landowner.

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“PROTECTIVE COVENANTS” are contracts made between private parties as to the

manner in which land may be used or developed, with the view to protect and preserve

the physical, social and economic integrity of any given area

“PUBLIC WATERCRAFT ACCESS” in this Section means an area set aside and

managed by the Minnesota Department of Natural Resources as a free and adequate

access site to public water resources for all citizens of Minnesota for recreational

opportunities per MN Statute 86A.

“PUBLIC CONSERVATION LANDS” Land owned in fee title by State or Federal

agencies and managed specifically for conservation purposes, including but not limited

to State Wildlife Management Areas, State Parks, State Scientific and Natural Areas,

Federal Wildlife Refuges and Waterfowl Production Areas. For the purposes of this

Chapter, public conservation lands will also include lands owned in fee title by non-profit

conservation organizations. Public conservation lands do not include private lands upon

which conservation easements have been sold to public agencies or non-profit

conservation organizations.

“PUBLIC NOTICES” means official notices posted by public officers, employees or

their agents in the performance of their duties, or as directed by such officers,

employees or agents.

“PUBLIC UTILITY” means entities supplying gas, electric, transportation, sewer, water

or land line telephone service to the general public, not including commercial wireless

telecommunication service facilities.

“PUBLIC STREET RIGHT OF WAY” means the entire right of way of any public street.

“PUBLIC WATERS” means any water as defined in Minnesota Statutes, Section

103G.005, Subd. 15, 15a. as amended.

“PYLON SIGN” means any freestanding sign which has its supportive structure(s)

anchored in the ground and which has a sign face elevated above ground level by

pole(s) or beam(s) and with the area below the sign face open.

“RAIN BARRELS/RAINWATER TANK” is a water tank which is used to collect and

store rain water runoff, typically from rooftops via rain gutters. Rainwater tanks are

devices for collecting and maintaining harvested rain.

“RAIN GARDENS” means a depressed area landscaped with perennial native plant

materials designed to provide natural filtration of runoff.

“RECREATION, COMMERCIAL” are all uses relating to outdoor recreation uses such

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as campgrounds, hunting & shooting camps, shooting ranges, driving ranges, golf

courses that are privately owned and operated with the intention of earning a profit by

providing entertainment for the public. The definition does not include movie theaters,

bowling alleys or lodging facilities that are unrelated to an outdoor recreational activity.

“RECREATION, PUBLIC” are uses such as tennis courts, ball fields, picnic areas, and

the like that are commonly provided for the public at parks, playgrounds, community

centers, and other sites owned and operated by a unit of government for the purpose of

providing recreation.

“RECREATIONAL VEHICLE” means a vehicle used to provide temporary living

quarters including, but not limited to: motorhomes, travel trailers, campers, camping

trailers, popups, or watercraft.

“REGIONAL FLOOD” is a flood that is representative of large floods known to have

occurred generally in the state and reasonably characteristic of what can be expected to

occur on an average frequency in the magnitude of a 100-year recurrence interval.

“REFUSE” Waste products which are composed wholly or partly of such materials as

garbage, sweepings, swill, cleanings, trash, rubbish, litter, industrial solid wastes or

domestic solid wastes; organic wastes or residue of animals, fruit, or other vegetable or

animal matter from kitchen, dining room, market, food establishment or any place

dealing or handling meat, fowl, fruit, grain or vegetables; offal, animal excreta, or the

carcass of animals; tree or shrub trimmings, or grass clippings; brick, plaster, wood,

metal, roofing materials, pipe or other waste matter resulting from the demolition,

alteration or construction of buildings or structures; accumulated waste materials, cans,

used containers, boxes and packing materials, junk vehicles, ashes, tires, junk,

Christmas trees, rocks, sod, dirt, glass, jars, bottles, auto parts, cement brick, leaves,

burn barrels, household appliances, furniture, toys, floor coverings, fabric, drain oil,

solvents and fluids, or other such substances which may become a nuisance.

“RESIDENTIAL DISTRICT” means any district zoned for residential uses.

“RESIDENTIAL PLANNED UNIT DEVELOPMENT” means a use where the nature of

residency is nontransient and the major or primary focus of the development is not service-

oriented. For example, residential apartments, manufactured home parks, time-share

condominiums, townhouses, cooperatives, and full fee ownership residences would be

considered as residential planned unit developments.

“RESORT” has the meaning in Minnesota Statute, Section 103F.227.

“RETAINING WALL” is a wall or terraced combination of walls used to provide barrier

or restrain lateral forces of soil or other material and not used to support, provide a

foundation for, or provide a wall for a building or structure.

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“REZONING” means changing any parcel or parcels from one zoning district to another

through procedures established by this Ordinance.

“RIGHT-OF-WAY” means the land which, by public or private easement or other

property interest, is dedicated for use by the public as a street. May also apply to other

property interests for ingress and egress, such as alleys, trails, or walkways, as

appropriate.

“RIPARIAN” means land that abuts the bank of a stream, river, lake, wetland, or

other natural watercourse.

“RIPARIAN BACK YARD” means land that abuts a public right-of-way affording

primary access by pedestrians and vehicles to abutting properties, whether

designated as a street, highway, thoroughfare, parkway, throughway, road,

avenue, boulevard, land, place or however otherwise designated.

“RIPARIAN FRONT YARD” means land that abuts the bank of a stream, river,

lake, wetland, or other natural watercourse.

“ROAD” means a public right-of-way affording primary access by pedestrians and

vehicles to abutting properties, whether designated as a street, highway, thoroughfare,

parkway, throughway, road, avenue, boulevard, land, place or however otherwise

designated. Ingress and egress easements shall not be considered roads.

“ROOF” means the exterior surface and it supporting structure on the top of a building

or structure. The structural make-up of which conforms to the roof structures, roof

construction and roof covering sections of the Uniform Building Code.

“ROOF LINE” means the upper-most edge of the roof or in the case of an extended

facade or parapet, the upper-most height of said facade.

“ROOF SIGN” means any sign erected and constructed wholly on and above the roof of

a building, supported by the roof structure, and extending vertically above the highest

portion of the roof.

“ROOF SIGN, INTEGRAL” means any building sign erected or constructed as an

integral or essentially integral part of a normal roof structure of any design, so that no

part of the sign extends vertically above the highest portion of the roof and so that no

part of the sign is separated from the rest of the roof by a space of more than six (6)

inches.

“ROTATING SIGN” means a sign or portion of a sign which turns about on an axis.

“ROTOR DIAMETER” The diameter of the circle described by the moving rotor blades.

“SAND BLANKET” means a placement of sand above the Ordinary High Water Level.

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“SCHOOL” means an accredited learning institution which provides primary or

secondary instruction. “Schools” does not include home schools.

“SECONDARY SHORELINE BUFFER ZONE” means the land located between the

shore impact zone and the structure setback.

“SELECTIVE CUTTING” means the removal of individual or small groups of trees and

shrubs.

“SEMI-PUBLIC USE” means 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.

“SENSITIVE RESOURCE MANAGEMENT” means the preservation and management

of areas unsuitable for development in their natural state due to constraints such as

shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep

slopes, susceptibility to flooding, or occurrence of flora or fauna in need of special

protection.

“SETBACK” means the minimum horizontal distance between a structure, sewage

treatment system, or other facility and an ordinary high water level, sewage treatment

system, top of a bluff, road, highway, property line, or other facility.

“SEWAGE” means any water-carried domestic waste, exclusive of footings and roof

drainage, from any industrial, agricultural, or commercial establishment, or any dwelling

or any other structure. Domestic waste includes liquid waste produced by toilets,

bathing, laundry, culinary operations, and the floor drains associated with these

sources, and specifically excludes animal waste and commercial or industrial

wastewater.

“SEWAGE TREATMENT SYSTEM” has the meaning given under Minnesota Rules, part

7080.1100, Subp. 82.

“SEWAGE TREATMENT SYSTEM SUITABLE AREA” is the area meeting or

exceeding the site requirements of Minnesota Pollution Control Agency individual

sewage treatment system rules, Chapter 7080, for the purpose of soil treatment or

drainfield areas and future additional sites.

“SEWER SYSTEM” means pipelines or conduits, pumping stations, and force main,

and all other construction, devices, appliances, or appurtenances used for conducting

sewage or industrial waste or other wastes to a point of ultimate disposal.

“SEWERED LAKES, RIVERS AND STREAMS” means shoreland areas that are

serviced by a publicly owned sewer system.

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“SHARED-INTEREST COMMUNITY” Real estate that is subject to an instrument which

obligates persons owning a separately described parcel of the real estate and

occupying a part of the real estate pursuant to a proprietary lease or covenant for

residential use for more than thirty (30) days within a year, by reason of their ownership

or occupancy, to pay for real estate taxes levied against insurance premiums payable

with respect to, maintenance of , or construction, maintenance, repair or replacement of

improvements located on one or more parcels or parts of the real estate other than the

parcel or part that the person owns or occupies.

“SHIMMERING SIGNS” means a sign which reflects an oscillating sometimes distorted

visual image.

“SHORE IMPACT ZONE” means land located between the ordinary high water level of

a public water and a line parallel to it at a setback of fifty (50) percent of the structure

setback, but not less than fifty (50) feet. This area serves as the primary shoreline

buffer.

“SHORELAND” means land located within the following distances from public waters:

A. 1,000 feet from the ordinary high water level of a lake, pond, or flowage; and

B. 300 feet from a river or stream, or the landward extent of a floodplain designated

by ordinance on a river or stream, whichever is greater.

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“SHORELINE BUFFER” means a method of filtering stormwater runoff consisting of

natural native plants immediately adjacent to the shoreline. Refer to Ord. 2008-51,

subd. 13(d)(4).

“SHORELINE RECREATION AREA” is an area of open space or park type facilities for

recreational uses located in the shoreland with common ownership of a common-

interest community or a resort.

“SHORE RECREATION FACILITIES” means swimming areas, docks, watercraft mooring

areas, and launching ramps and other water recreation facilities.

“SHORT-TERM RENTAL UNIT” means a dwelling unit offered for trade or sale,

whether for money or exchange of goods or services, for periods of less than 31

consecutive days.

“SIDEWALK” is a “Pedestrian Way” primarily designed to move pedestrian traffic off of

a street.

“SIGN” is a name, identification, description, display, illustration or device which is

affixed to, painted, or represented directly or indirectly upon a building, structure, land,

rock, pole, fence or tree and which directs activity, or which is displayed for

informational purposes about a person, institution, organization or business and is

visible to the general public.

“SIGN, BILLBOARD” is a sign which directs attention to a business, commodity,

service or entertainment not exclusively related to the premises where such a sign is

located or to which it is affixed.

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“SIGN, FACE” means the surface of the sign upon, against, or through which the

message of the sign is exhibited.

“SIGN, FREESTANDING” is a sign which is not attached to a building but is

permanently attached to the ground.

“SIGN, STRUCTURE” means any structure including the supports, uprights, bracing

and framework which supports or is capable of supporting any sign.

“SIGN, TEMPORARY” means any sign, including without limitation, banners, pennants

and private flags that is intended to be transportable or moveable, whether fixed or not

to the ground or a structure.

“SIGN, WALL” means a Sign painted on or placed against or attached to the exterior

wall surface of a building or structure.

“SIGNIFICANT HISTORIC SITE” means 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 determined to be an

unplatted cemetery that falls under 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.

“SITE” means a lot or combination of contiguous lots which are intended, designated,

and/or approved to function as an integrated unit.

“SITE MAP” means a map showing existing conditions including all platted parcels,

streets, right-of-ways, easements and any predominant topography or natural features

such as lakes and wooded areas.

“SITE PLAN” means an illustration showing the existing conditions of the entire parcel,

including the dimensions of the parcel, easements on or adjacent to the parcel, right-of-

way on or adjacent to the parcel and any predominant topography platted parcels,

streets, right-of-ways, easements and any predominant topography or natural features

such as lakes and wooded areas.

“SLOPE” The degree of deviation of a surface from the horizontal, usually, expressed in

percent of degrees.

“SOIL” means the surface layer of earth, supporting plant life, land, country [native soil]

and ground or earth. See Stearns County Soil Survey.

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“STEEP SLOPE” means lands having average slopes over 12 percent, as measured over

horizontal distances of 50 feet or more, which are not bluffs.

“STREET” means a public or private right-of-way affording primary access by

pedestrians and/or vehicles to abutting properties, whether designated as a street,

highway, thoroughfare, parkway, throughway, road, avenue, boulevard, land, place or

however otherwise designated.

“STREET, ARTERIAL” means a street that provides traffic movement to and from the

City and surrounding rural areas and cities, to and from regional highways and collector

streets, and between major parts of the City.

“STREET CENTER LINE” means the line running parallel and between the boundaries

of the traveled portion or, alternatively, the right-of-way, of a street.

“STREET, COLLECTOR” means a street that carries traffic from the arterial systems to

local street destinations. Provides traffic circulation within neighborhoods and within

commercial and industrial areas.

“STREET GRADE” means the distance vertically (up or down) from the horizontal for

each one hundred feet of horizontal distance, as measured along the centerline of the

street.

“STREET FRONTAGE” means “Lot Frontage.”

“STREET, FRONTAGE” means “Frontage Road.”

“STREET, LOCAL” means a street that serves to provide direct access to abutting

properties. Through traffic is discouraged.

“STREET YARD” means “Lot Frontage.”

“STRINGER” means a line of string, rope, cording, or an equivalent to which is

attached a number of pennants, signs or other items intended to communicate a

message or draw attention to a property.

“STRUCTURE” means any building or appurtenance, including decks, platforms,

carports, and roof overhangs, except aerial or underground utility lines, such as sewer,

electric, telephone, telegraph, gas lines, towers, poles, and other supporting facilities.

“STRUCTURE, ACCESSORY” means any building or improvement occupied by or

installed for an “Accessory Use.”

“STRUCTURAL ALTERATION” means any change in a building or structure affecting

its supporting members, including but not limited to bearing walls or partitions, beams,

girders, roof, and all exterior walls.

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“STRUCTURE, PRINCIPAL” means any building or improvement occupied by or

installed for a “Principal Use.”

“STRUCTURE, WATER ORIENTED” means a small, above ground building or other

improvement, except stairways, fences, docks and retaining walls which, because of the

relationship of its use to a surface water feature, reasonably needs to be located closer

to public waters than the normal structure setback. Examples of such structures and

facilities include utility storage buildings, gazebos, screen houses, fish houses, pump

houses and detached decks.

“SUBDIVISION” means land that is divided for the purpose of sale, rent, or lease, including

planned unit developments.

“SUBDIVISION, MINOR” means the division of a tract of land into two or three lots or

the relocation of the boundary between two abutting metes and bounds parcels of

property provided such relocation shall not cause the creation of an additional parcel or

parcels and the resulting parcels comply with all lot dimensional standards.

“SUBSTATIONS” Any electrical facility designed to convert electricity produced by

wind turbines to a voltage greater than 35,000 volts (35 KV) for interconnection with

high voltage transmission lines shall be located outside of the road right of way.

“SUITABILITY ANALYSIS” means an evaluation of land to determine if it is appropriate for

the proposed use. The analysis considers factors relevant to the proposed use and may

include the following features: susceptibility to flooding; existence of wetlands; soils,

erosion potential; slope steepness; water supply, sewage treatment capabilities; water

depth, depth to groundwater and bedrock, vegetation, near-shore aquatic conditions

unsuitable for water-based recreation; fish and wildlife habitat; presence of significant

historic sites; or any other relevant feature of the natural land.

“SUSPENDED SIGN” means any building sign that is suspended from the underside of

a horizontal plane surface and is connected to this surface.

“TEMPORARY FAMILY HEALTH CARE DWELLING” see Minnesota Statutes Section

462.3593.

“TILLABLE LAND” Any land capable of producing small grains, row crops or may with

normal tillage practices, woodland excluded.

“TOE OF THE BLUFF” means the lower point of a bluff.

“TOP OF THE BLUFF” means the higher point of a bluff.

“TOTAL HEIGHT” The highest point, above ground level, reached by a rotor tip or any

other part of the WECS.

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“TOTAL SITE SIGNAGE” means the maximum permitted combined area of all

freestanding and wall identification signs allowed on a specific property.

“TOWER” means any free-standing ground or roof-mounted pole, spire, structure or

combination of them taller than fifteen (15) feet, including supporting lines, cables,

wires, braces and masks, not wholly contained within a building or other structure and

intended primarily for the mounting of an antenna, meteorologic device, rotor blades or

similar apparatus above grade.

“TOWER, COMMERCIAL” means a Tower designed or used for Commercial Wireless

Telecommunications Services, public radio transmission or commercial television

transmission.

“TOWER, MULTI-USER” means a “Tower” with antennas of more than one

Commercial Wireless Telecommunications Service provider or governmental entity

attached.

“TOWER, SINGLE-USER” means a “Tower” with only the antennas of a single user

attached, although the Tower may be designed to accommodate antennas of multiple

users as required by this Ordinance.

“TOWNHOUSE” means a single family dwelling utilizing a cluster or row arrangement

where each dwelling unit has its own private entrance, and may have one or more

common walls. Townhouse may be located so that all dwelling units are on the same

lot or so that each dwelling unit has its own lot. Row houses and patio homes are types

of townhouses.

“TRAIL” is a “Pedestrian Way” primarily designed to connect two parks, open spaces,

recreation areas or commercial centers, or combinations thereof.

“TRANSMISSION LINE” Those electrical power lines that carry voltages of at least

69,000 volts (69 KV) and are primarily used to carry electric energy over medium to long

distances rather than directly interconnecting and supplying electric energy to retail

customers.

“UNSEWERED” means land, usually shoreland that are not serviced by a sanitary

sewer system.

“USE” means the purpose for which land or buildings thereon are designed, arranged,

or intended to be occupied or used, or for which they are occupied or maintained.

“USE, ACCESSORY” is a use on the same lot with, and of a nature customarily

incidental, auxiliary and subordinate to, the principal use.

“USE, AGRICULTURAL” includes the following activities and uses: farming, wind

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farming, dairying, pasturage, agriculture, horticulture, floriculture and animal and poultry

husbandry; provided that the use is not otherwise excluded by the ordinance.

“Agriculture” also includes the necessary accessory uses for packing, treating or storing

the produce; provided, however, that the operation of any such accessory use shall be

secondary to that of the normal agricultural activities.

“USE, COMMERCIAL” means the use of land or buildings for the sale, lease, rental, or

trade of products, goods, and services.

“USE, CONDITIONAL” is a use which, because of unique characteristics, cannot be

classified as a permitted use in any particular district. After due consideration, in each

case, of the impact of such use upon neighboring land and of the public desirability for

the particular use at the particular location a Conditional Use Permit allowing the use

may be granted.

“USE, EXTRACTIVE” is the use of land for surface or subsurface removal of sand,

gravel, rock, industrial minerals, other nonmetallic minerals, and peat. Extractive Use

also includes, without limitation, mining of granite and the mining, crushing, washing,

refining or processing of sand, gravel, rock, black dirt, peat, soil and other minerals

(whether or not such materials originated on site or were transported to the site), and

the removal thereof from the site.

“USE, INDUSTRIAL” means the use of land or buildings for the production,

manufacture, warehousing, storage, or transfer of goods, products, commodities, or

other wholesale items.

“USE, INTERIM” is a temporary use of property, with conditions imposed as may be

appropriate and related to the use; until a particular date, until the occurrence of a

particular event, or until zoning regulations no longer permit it.

“USE, PERMITTED” is a use which may be lawfully established in a particular district

or districts, provided it conforms with all requirements and performance standards (if

any) of such district.

“USE, PRINCIPAL” means the primary or predominant use of any parcel. A principal

use must be a permitted, conditional, or interim use of the zoning district, and must

meet all requirements, performance standards, or conditions imposed for the use

“USE, WATER ORIENTED COMMERCIAL” means 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.

“UTILITY EASEMENT” means a property interest for the use of land for the purpose of

constructing and maintaining utilities, including but not limited to sanitary sewers, water

mains, electric lines, telephone lines, storm sewer or storm drainage ways and gas

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lines.

“VARIANCE” means the waiving of a specific provision of the Zoning Ordinance in

instances where the strict enforcement of that provision would cause undue hardship

because of circumstances unique to the individual property under consideration. See

Section 30 for details on the procedure and requirements for granting a variance.

“VEGETATION” means all plant growth, including, without limitation, trees, shrubs,

mosses and grasses.

“VISIBLE” means capable of being seen by a person of normal visual acuity (whether

legible or not) without visual aid.

“WALL” means any structure which defines the exterior boundaries or courts of a

building or structure and which has a slope of sixty (60) degrees or greater with the

horizontal plane.

“WALL SIGN” means any building sign attached parallel to, but within two (2) feet of a

wall, painted on the wall surface of, or erected and confined within the limits of an

outside wall of any building or structure, which is supported by such wall or building, and

which displays only one (1) sign surface.

“WATERCOURSE” means a channel in which a flow of water occurs either

continuously or intermittently in a definite direction. The term applies to either natural or

artificially constructed channels.

“WATER-DEPENDENT USE” means the use of land for commercial, industrial, public or

semi-public purposes, where access to and use of a public water is an integral part of the

normal conduct of operation. Marinas, resorts, and restaurants with transient docking

facilities are examples of commercial uses typically found in shoreland areas.

“WATER-ORIENTED ACCESSORY STRUCTURE OR FACILITY” means 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 needs to be

located closer to public waters than the normal structure setback. Examples of such

structures and facilities include, watercraft and watercraft equipment storage structures,

gazebos, screen houses, fish houses, pump houses, saunas, patios, and detached decks.

Boathouses and boat storage structures given the meaning under Minnesota Statutes,

Section 103G.245 are not a water-oriented accessory structures.

“WATERSHED” The area drained by the natural and artificial drainage system, bounded

peripherally by a bridge or stretch of high land dividing drainage areas.

“WATERWAY” is a natural or constructed channel that is shaped or graded and is

established in sustainable vegetation for the stable conveyance of run-off.

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“WELLHEAD PROTECTION PLAN” means a plan developed for the protection of a

public water supply.

“WETLAND” has the meaning given under Minnesota Rule, part 8420.0111.

“WILDLIFE MANAGEMENT AREA” means land where the principal use is for

promotion of wildlife through raising of feed or provision of environmental conditions.

“WIND ENERGY CONVERSION SYSTEM (WECS)” An electrical generating facility

comprised of one (1) or more wind turbines and accessory facilities, including but not

limited to: power lines, transformers, substations and metrological towers that operate by

converting the kinetic energy of wind into electrical energy. The energy maybe used on-site

or distributed into the electrical grid.

"WIND TURBINE” A wind turbine is any piece of electrical generating equipment that

converts the kinetic energy of blowing wind into electrical energy through the use of

airfoils or similar devices to capture the wind.

“WINDOW SIGN” means any building sign, pictures, symbol, or combination thereof,

designed to communicate information about an activity, business, commodity, event,

sale, or service, that is placed inside a window or upon the window panes or glass and

is visible from the exterior of the window.

Figure 2.

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Select Examples of Types of Signs

“YARD” means an open space on the parcel which is unoccupied and unobstructed

from its lowest level to the sky.

“YARD, FRONT” means that portion of the yard located between the front lot line, the

side lot lines, and the front building line.

“YARD, REAR” means that portion of the yard located between the rear building line,

the side lot lines, and the rear lot line.

“YARD, SIDE” means that portion of the yard located between the front and rear yards

and between the side building lines and the side lot lines.

“ZONING ADMINISTRATOR” As appointed by the City Council.

“ZONING AMENDMENT” A change authorized by the City, either in the allowed use within

a district or in the boundaries of the district.

“ZONING DISTRICT” An area or areas of the City (as delineated on the Zoning Map) set

aside for specific uses with specific regulations and provisions for use and development as

defined by this Ordinance.

“ZONING DISTRICT OVERLAY” A zoning district containing regulations superimposed

upon other zoning district regulations and where the more restrictive district use regulations

shall apply.

“ZONING MAP” means the map setting forth the boundaries of the Zoning use Districts of

the City, which map is a part of this Ordinance.

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SECTION 9: GENERAL REQUIREMENTS

Subdivision 1: PURPOSE AND INTENT

The purpose and intent of this Section of the Zoning Ordinance is to establish

general development performance standards. The regulations provided in this

Section shall apply equally to all districts except where special provisions provide

otherwise.

Subdivision 2: ACCESSORY BUILDINGS

A. Principal Structure Required. Except where allowed as an interim use,

an accessory building may not be constructed or otherwise located on a

parcel of property until after the associated principal structure has been

completed. An accessory structure may not remain, and must be

removed, if the principal structure is removed, destroyed, or otherwise

eliminated. If no structure on a lot is employed as a permitted, conditional

or interim use, the structure is no longer a principal structure and no

structure on the parcel may be employed for any accessory use.

B. Accessory Structure as an Interim Use. In all zoning districts, the use

of a building for a use permitted as an accessory use is allowed as an

interim use, notwithstanding the absence of a principal structure, subject

to the procedures, and performance and general development standards,

set forth in this Ordinance. In addition, the City Council shall impose the

following conditions in granting any interim use under this subdivision:

1. An interim use permit under this subdivision shall expire

within one year. At the expiration of the permit, the property

owner may apply for a second interim use permit for up to

one year. No additional interim use permits shall be issued

for the same use or structure, under this subdivision.

2. An appropriate principal structure is planned for the site. A

plan requires approval of any site plan necessary under the

Zoning Code and proof that a valid building permit has been

applied for the principal structure. The building permit must

be maintained and renewed for the full term of the interim

use permit.

3. Upon expiration of the interim use permit, if a structure is not

converted into a principal structure, or is not a permitted

accessory use to an existing principal structure, the use

must be discontinued and any structure or improvement that

does not have a permitted use must be removed or

demolished, immediately.

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C. No Encroachment Over Lot Lines. Doors and windows of accessory

buildings must be constructed so that they do not extend beyond the lot

lines when they are opened.

D. Location on Property. Accessory structures must be located on the

property as provided in this paragraph:

1. In all Residential Districts (i.e. R-1, R-2 and R-3 and RR)

detached accessory buildings may only be located in the

rear yard and side yard of the lot, except as required by

Section 9, subd. 2(D)(2) or allowed by Section 9, subd.

2(D)(3)

2. No detached accessory structure may be located within the

setback from the Ordinary High Water Line (OHWL) as

established by the Shoreland Overlay District. This

restriction does not apply to stairs, paths, fences or docks,

that are otherwise permitted.

3. For property abutting a lake or navigable river, garages and

other auto-oriented structures may be located on the road

side of the lot.

E. Proximity to Principal Structure. An accessory building, unless

attached to and made a part of the principal structure shall not be closer

than ten (10) feet to the principal structure. In cases where an accessory

building is attached to the principal structure, it shall be made structurally

a part of the principal structure and shall comply in all respects with the

requirements of this Ordinance applicable to the principal structure.

F. Site Plan Required. All accessory structures shall require a building

permit and approval of a Site Plan.

G. Setbacks Requirements for Accessory Structures. Attached

accessory structures must comply with all applicable setbacks to the

principal structure. Detached accessory structures shall maintain rear and

side yard setbacks of not less than five feet, except:

1. In the B-1 District, the underlying requirements of that zoning

district shall apply; and,

2. For all corner lots, the side yard setback along a public right-

of-way shall be 15 feet, or the requirement of the underlying

zoning class, whichever is less.

No structure may be constructed over any easement, public or private,

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without written authorization of the owner of the easement.

H. Design and Appearance of Exterior. All accessory buildings greater

than 200 square feet shall be constructed so that the appearance of its

exterior is uniform and resembles the color and material of the principal

structure. For purposes of this Subdivision 2(H):

1. Appearance is measured when viewed from adjacent

property, or from water bodies, streams, rivers, roads, parks,

or other facilities open to the public.

2. Identical material is not required, but the following

characteristics should be the same or similar:

a. Orientation of boards, grooves, grains, shingles and

other exterior characteristics;

b. Color of siding

c. Color of roofing;

d. Style of siding (including, but not limited to, the

apparent length and width of boards, shakes or

panels and the texture, reflectivity, or gloss of

materials); and

e. Style of roofing (including, but not limited to, the

apparent length and width of shingles, shakes,

boards, or panels and the texture, reflectivity, or gloss

of materials).

3. Notwithstanding this subdivision, an accessory structure is

not required to match granite, brick, stone, concrete masonry

or other similar stone-like material used on the principal

structure. However, the material used must resemble the

color and material of the principal structure, and should, at a

minimum, match non-stone-like materials of the principal

structure.

I. Prohibited Materials. Unpainted, uncolored or unfinished material is

prohibited, except if the material is designed and marketed for residential

finish work, and is weather-resistant in its unpainted, uncolored or

unfinished state.

J. Number of Structures. Unless the zoning district has a stricter limit, the

number of accessory buildings in all zoning districts shall be limited to two

(2) detached accessory buildings and/or garages of any size.

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K. Hoop Structures. Hoop structures are prohibited in all districts, except

the A-40 and Rural Residential Districts. Hoop structures may be allowed

under conditional use permit in Industrial Districts but must be

structurally engineered.

L. Lot Coverage Restriction. All detached accessory buildings on a lot may

occupy no more than thirty percent (30%) of the area of the rear yard.

M. A-40 District Exemptions.

1. Subdivisions 2(G), 2(H), 2(I) and 2(J) do not apply to

structures built within the A-40 Agricultural District where the

structure is built at least 100 feet from a residential or

commercial zoning district.

2. Subdivision 2(K) does not apply to the A-40 Agricultural

District.

N. Opt-Out Temporary Family Health Care Dwelling

1. Pursuant to authority granted by Minnesota Statutes, Section

462.3593, subdivision 9, the City of Rockville opts-out of the

requirements of Minn. Stat. §462.3593, which defines and

regulates Temporary Family Health Care Dwellings.

Subdivision 3: OUTSIDE STORAGE, SCREENING AND LANDSCAPING

1. Residential Uses. All outside storage of materials and equipment for

residential uses (excluding functional agricultural equipment actively used

in a farming operation on a property within the A-40 district) shall be

stored within a building or fully screened so as not to be visible from

adjoining properties, except for the following:

a. Clothes line pole and wire.

b. Parking of licensed and operable vehicles in compliance with this

Code (Off street parking).

c. Any combination of four or fewer licensed and operable recreational

vehicles (RV’s, boats, snowmobiles on a trailer, etc.) and/or

seasonal automobiles may be parked or stored on property outside

a home, provided:

i. They are not stored within the front yard, except if parked on

an approved driveway.

ii. If stored within the side or rear yard they are at least five feet

from the property line and landscaped/screened so as to be

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less visible from adjacent properties. If stored on a corner

lot said storage must not interfere with motorist’s views from

intersecting streets.

iii. Storage and/or parking of commercial vehicles and/or

equipment, or any combination thereof, greater than 22 feet

in length and ten feet in height and/or having a gross vehicle

weight rating of more than 15,000 pounds is prohibited.

iv. Standards of the City’s Abandoned Car Ordinance are met.

d. Construction and landscaping material currently being used on the

premises for a period not to exceed 6 months of any given project

start date.

e. Lawn furniture or furniture used and constructed explicitly for

outdoor use.

f. Rear or side yard exterior storage of firewood neatly stacked for the

purpose of consumption only by those inhabiting the property on

which it is stored.

2. Commercial/Industrial Uses. Except as allowed by district use provisions,

outside storage of equipment, materials and inventory as a principal or

accessory use for commercial and industrial uses shall require an interim

use permit subject to the provisions of this Ordinance and all non-

residential outside storage shall conform to the following conditions:

a. The area occupied is not within a required front yard.

b. The storage area is totally fenced, fully screened, and/or

landscaped according to a plan approved by the City. “Fully

screened” shall mean screening to seventy (70) percent opacity

year-round.

c. If abutting a Residential District or a residential use a landscaped

buffer of no less than 15 feet in width is provided according to a

plan approved by the City.

d. The storage area is covered to control dust as approved by the City

and proper storm water drainage is maintained, except drive aisles

and entries/exits shall be covered with asphalt and/or cement.

e. All lighting is directed away from the public right-of-way and from

neighboring residences.

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f. All parking requirements are being met.

3. Refuse. All lots within all zoning districts shall be maintained in a neat and

orderly manner. No rubbish, salvage materials, junk, or miscellaneous

refuse shall be openly stored or kept in the open, when the same is

construed by the City Council to be a menace or nuisance to the public

health, safety, or general welfare of the City, or to have a depressing

influence upon property values in the area.

4. Waste Materials. Waste materials are to be picked up and disposed of in

accordance with any and all city standards applicable to refuse/waste

materials. Excluded waste materials must be disposed of in a safe and

appropriate manner in accordance with local, state, and federal law.

Release of excluded waste materials to public or independent sewage

treatment systems, the environment, or the solid waste stream is strictly

prohibited. The Disposal Service shall, upon collection, immediately

assume title to and liability for solid waste materials, recyclables, and

demolition debris.

Subdivision 4: LANDSCAPING

A. This Section’s purpose is to eliminate the problems of excessive

uniformity, dissimilarity, inappropriateness or poor quality of design in the

exterior appearance of structures and the lack of proper attention to site

development and landscaping in the City.

B. This Section’s standards shall promote harmonious development in the

City, increase the desirability of residence, encourage investment or

occupation in the City, optimize use and value of land and improvements,

increase the stability and value of property, provide for visual relief and

aesthetics, add to the conditions affecting the City’s peace, health and

welfare of the City and establish a proper relationship between the taxable

value of property and cost of City services.

C. Maintaining certain standards is essential to ensure compatible

relationships between land uses within the City. All permitted or

conditional uses within the City’s various zoning districts shall conform to

the following general provisions and performance standards and the

standards listed within the individual zoning classification.

D. In all zoning districts, except the A-40 District, the lot area remaining after

providing for buildings, parking areas, driveways, loading areas, sidewalks

or other structures must be planted and maintained in grass, sodding,

shrubs or other acceptable vegetation or landscaping techniques. Within

six (6) months of issuance of a certificate of occupancy, residential

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dwellings located within A-40 District must have landscaping, as provided

for above, covering the building site (as determined by the minimum lot

size for a single family dwelling located in an A-40 District) surrounding the

dwelling. All new uses other than single and two family dwelling units must

provide a landscaping plan as part of their site plan review.

E. Overall composition and location of landscaping shall complement the

scale of the development and its surroundings. In general larger, well-

placed contiguous planting areas shall be preferred to smaller,

disconnected areas.

F. Installation and Maintenance of Landscaping Materials.

1. All landscape materials shall be installed to current industry

standards.

2. Maintenance and replacement of landscape materials shall be the

responsibility of the property owner.

3. Landscape materials shall be tolerant of specific site conditions,

including but not limited to heat, drought and salt.

4. Landscape species shall be indigenous or proven adaptable to the

climate, but shall not be invasive species.

5. Existing healthy plant material may be utilized to satisfy

landscaping requirements, provided it meets the minimum plant

size specified above.

6. Landscape materials that are used for screening shall be of a size

that allows growth to the desired height and opacity within 2 years.

7. Landscape maintenance should incorporate environmentally sound

management practices, including the use of water- and energy-

efficient irrigation systems such as drip irrigation, and pruning

primarily for plant health and public safety, replacing dead materials

annually.

Subdivision 5: TOPSOIL REMOVAL

A. No person shall strip, excavate or otherwise remove topsoil for sale or for

use off premises except:

1. In connection with the construction or alteration of a building on the

premises;

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2. In connection with agricultural crop operations within the A-40

district;

3. In connection with excavation or grading incidental to the work on

the premises; or

4. In compliance with this Ordinance.

Subdivision 6: DWELLING UNIT RESTRICTIONS

A. The purpose of this Section is to maintain neighborhood property values

and otherwise promote health, safety, order and general welfare providing

for manufactured homes in safe, attractive, residential neighborhoods with

all urban services and desired amenities as other residential dwellings.

B. Manufactured Homes Outside Manufactured Home Parks: No single-

family manufactured home shall be located outside of a manufactured

home park (or an RR District) unless it is in compliance with this Section

and with Minnesota Statutes sections 327.31 through 327.35.

C. No cellar, garage, tent, accessory building, or basement (except when

used as an accessory portion of the living space of the family or as an

earth sheltered home as defined in Minnesota Statutes '216C.06, Subd. 2,

as amended) may be used as a residence or Dwelling Unit.

D. Basements may be used as living quarters or rooms as a portion of

residential dwellings. Rental unit(s) in basements shall be subject to

provisions of the appropriate zoning district, the building code as defined

and related codes.

E. No dwelling shall be erected or altered unless it abuts a public street.

F. Except and in the case of Planned Unit Development Districts and R-2, R-

3 Districts and Rural Residential District, no more than one (1) principal

building may be located on a lot. In the A-40 District a second dwelling

may be located on the lot by conditional use permit.

G. Developments involving Manufactured Homes and/or patio homes (single

story slab on grade homes) must provide a storm/fall out shelter (or room

if applicable) meeting guidelines adopted by Stearns County.

Subdivision 7: CONNECTION TO PUBLIC SANITARY SEWER AND WATER REQUIRED

A. All newly constructed principal structure must be connected to the City’s

public sewer and water services when:

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1. Said sewer/water facilities are within 350 feet from the proposed

development; and/or,

2. The proposed development is located within a area guided toward

future urban development (but not transitional development) within

the Comprehensive Plan;

B. Where municipal sewers are not available all sewage facilities must be

connected to approved septic tanks and disposal fields.

C. Existing buildings which are not connected to municipal sanitary sewer

services must connect to City sanitary sewer services if City sanitary

sewer services are within three hundred fifty (350) feet of the building.

D. Existing buildings which are not connected to municipal water services

must connect to City water services if municipal water services are within

three hundred fifty (350) feet of the building. This provision does not apply

to temporary construction sites or portable units approved by the City for

temporary use. Connections along any force main section of municipal

sewer services may be excluded.

Subdivision 8: LIGHTING

A. Purpose. The purpose of this section is to create standards for outdoor

lighting which will provide for nighttime safety, security and utility while

reducing light pollution, light trespass, and conserving energy. It is the

intent of this Section to require appropriate lighting levels, efficient (watts

to lumens) lighting sources, full cut-off lighting, and to minimize/discourage

lighting glare, lighting pollution and lighting trespass.

B. Exemptions. The following are exempt from the standards contained in

this section.

1. Decorative seasonal lighting.

2. Lighting for one-and two family dwellings.

3. Lighting utilized for the purpose of illuminating national, state or

local flags on flagpoles; provided no more than two luminaries are

employed, the light fixtures include a cutoff component and the light

source is directed at the flag and arranged to minimize the amount

of light pollution, trespass, or glare on to adjacent properties and

public streets.

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4. Temporary emergency lighting used by police, fire fighters, or other

emergency services, as well as all vehicular luminaries.

5. Hazard warning luminaries which are required by federal regulatory

agencies.

6. Because of their unique requirement for nighttime visibility and their

limited hours of operations, ball diamonds, playing fields and tennis

courts are exempted from the general standards of this section.

Lighting for these outdoor recreational uses shall be shielded to

minimize light and glare from spilling over onto adjacent residential

properties.

7. Exterior lighting in existence on May 3, 2003 shall be exempt from

the standards of this chapter and shall be considered legally

nonconforming. Such fixtures may be repaired and maintained.

However, if any legal nonconforming luminary is moved or

damaged by any means to an extent that its total replacement is

necessary, the luminary, or replacement, shall comply with this

subdivision.

C. Lighting Standards. Following are general standards for lighting on

private property.

1. Lighting plans shall be submitted with site plan reviews as required

within individual multiple-family, commercial and industrial

developments.

2. No flashing lights, beacons, search lights, lights that change colors,

lights that flash on and off, lights that change intensity and/or

similar lights shall be permitted.

3. Street, parking lot, security, walkway and building lights shall be

designed to function as full cutoff luminaries which focus the light

emitted only on the area to be lit and not onto adjacent properties

or toward the sky.

4. Lighting intended for outdoor advertising which projects light into

the sky shall be prohibited.

5. All luminaries located on commercial, industrial, or institutional

property shall be designed so that the light source (bulb or lamp) is

completely shielded from direct view of adjacent lot lines, a

transitional yard or at any location on residentially zoned property.

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6. All luminaries located on private property shall be designed or

positioned so that the maximum illumination at the property line

shall not exceed one-half (1/2) foot candle.

7. As part of the approval of public street or sidewalk projects, the City

Council may vary from the requirements of this Section.

Subdivision 9: POLLUTION

A. Smoke Emissions. The emission of smoke by any use shall be in

compliance with and regulated by the Minnesota Pollution Control

Standards, as amended.

B. Dust and Other Particulate Matter. The emission of dust, fly ash or other

particulate matter by any use shall be in compliance with and regulated by

the Minnesota Pollution Control Standards, as amended.

C. Odors. The emission of odorous matter in such quantity as to be offensive

shall not be permitted. The emission of odor by any use shall be in

compliance with and regulated by the Minnesota Pollution Control

Standards, as amended.

D. Noise. All noise shall be muffled so as not to be objectionable due to

intermittence, beat frequency or shrillness and as measured at any

property line, shall not exceed the minimum standards established by the

State of Minnesota.

E. Fuel Storage. No tank for the storage of fuel shall be placed or

maintained above ground unless complying with all applicable MPCA

regulations.

Subdivision 10: SOLAR COLLECTORS

Solar collectors must adhere to the setback requirements of the district in which

they are placed. When placed on the roof of structures, solar collectors are

subject to the height requirements of the district in which they are located. When

considering a variance for the placement of solar collectors, the City Council shall

consider inadequate access to direct sunlight as a legitimate hardship pursuant

to Minnesota Statutes Section 462.357, Subd. 6, as amended.

Subdivision 11: HEIGHT EXCEPTIONS

This Ordinance’s height limitations do not apply to chimneys, cooling towers,

elevator bulk heads, fire towers, grain elevators, silos, stacks, flag poles, tanks,

water towers, pumping towers, permitted radio or television towers, monuments,

cupolas, steeples and mechanical appurtenances pertaining to and necessary to

the permitted use of the district in which they are located.

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Subdivision 12: YARD SETBACK EXCEPTIONS

A. The following are not considered encroachments on setback

requirements: Boiler flues, chimneys, fireplaces, belt courses, leaders,

sills, pilasters, lintels, steps, landings, cornices, eaves and gutters (all of

which may not project more than thirty-six (36) inches into the setback),

stone or cement patios and non-barrier creating landscape plantings.

B. For clarification purposes, the following is a list of features that are not

exempt and may not be located within the setback area: outside stairways,

fire escapes, porches, platforms, decks, balconies and other similar

projections.

Subdivision 13: BUILDING RELOCATION

Each location of a relocated building requires a building permit. Relocated

buildings must conform to the Building Code, must be situated in a properly

zoned area, and must meet all other requirements of this Ordinance.

Subdivision 14: STREET PLAN CONFORMANCE

No structure may be placed in a location which will interfere with future street or

road construction as shown on the City’s street plan or Official Map.

Subdivision 15: TEMPORARY STRUCTURES LIMITED

No temporary structure, trailer, tent or shack may be constructed, placed or

maintained except as an accessory to and during construction of permanent

buildings. In no event will any such structure be permitted for longer than one (1)

year.

Subdivision 16: WETLAND SETBACKS

A. Purpose. The purpose of this subdivision is to prevent negative impacts to

the function, value, and quality of wetlands by establishing setbacks for

structures, decks, driveways, patios, fences or other improvements.

B. Setbacks. In addition to the setbacks established by the Zoning

Ordinance, no structure, deck, driveway, patio, fence, or other

improvement shall be located in any zoning district within the following

setbacks.

1. 10 feet from the limit of a wetland 0 – 5 acres.

2. 20 feet from the limit of a wetland greater than 5 acres.

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The owner of the property shall be responsible for submitting proof in a form

acceptable to the City of the limit of the wetland. The City may require surveying,

staking, and/or a certified delineation approved by Stearns County.

Subdivision 17: HANDICAPPED ACCESSIBILITY

When applicable, structures and/or facilities, including their exterior environment,

must meet the accessibility portion of the State Building Code, Minnesota Rules

Chapter 1341, or successor rules.

Subdivision 18: BUILDING NUMBERS

Every building shall have a proper building address number(s) made of durable

material affixed to the building and clearly posted and placed to be easily seen

from the public street. Building addressing and identification must comply with

Stearns County’s 911 policies.

Subdivision 19: PROTECTION OF EASEMENTS

A. Applicability: This section applies to all zoning classifications. In the case

where more restrictive language applies, the more strict standard shall be

followed.

B. All structures, plantings, landscaping, fences and similar items shall be set

back from pipeline, drainage and utility easements except as provided for

in subsection (C) below.

C. Plantings such as trees and bushes may be placed in utility easements

(but not drainage easements) at the risk of the property owner. The city

does not encourage extensive plantings or landscaping in the easement

area because of the possibility of utility work in the easements. The city or

utility service providers shall not be required to replace plantings or

landscaping removed or damaged during work within the easement area.

Subdivision 20: MINING/EXTRACTIVE USES

A. Required Permits. When permitted as an interim use in any applicable

zoning district, mining/Extractive Use operations may be allowed as an

interim use subject to the procedures set forth in this Ordinance. Unless a

different time is specified in the interim use permit, one year shall be the

presumptive term of any interim use permit allowing an Extractive Use.

B. Operations Regulated. Operations regulated by this Subdivision shall be

Extractive Uses, including without limitation, mining of granite and the

mining, crushing, washing, refining or processing of sand, gravel, rock,

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black dirt, peat, soil and other minerals, and the removal thereof from the

site.

C. Application Requirements. The following information shall be provided

by the person requesting an interim use permit for a mining operation:

1. The name and address of the applicant.

2. The name and address of the owner of the land.

3. The address and legal description of the land involved.

4. The following maps, drawn at a scale of one (1) inch to one

hundred (100) feet, unless otherwise stated below:

a. Map A - Existing condition to include:

(1) Contour map in two (2) foot intervals

(2) Existing vegetation

(3) Wetlands and existing surface water drainage

patterns

(4) Existing structures

(5) Existing wells

b. Map B - Proposed operation to include:

(1) Structures to be erected (including 911 addressing)

(2) Location of sites to be mined showing depth of

proposed excavation

(3) Location of machinery to be used in the mining

operation

(4) Location of storage of mined materials, showing

maximum height of storage deposits

(5) Location of vehicle parking, access roads and local

routes to truck routes

(6) Location of storage of explosives

(7) Erosion and sediment control structures

c. Map C - End use plan to include:

(1) Final grade of proposed site showing elevations and

contour lines at two foot intervals

(2) Location and species of vegetation to be replanted

(3) Reclamation staging plan

5. A soil erosion and sediment control plan.

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6. A plan for dust and noise control.

7. A complete description of all phases of the proposed operation to

include an estimate of duration of the mining operation, location

and approximate acreage of each state and time schedule for

reclamation.

8. The highway, street or streets, or other public ways in the City upon

and along which any material is to be hauled or carried.

9. A security statement by the applicant demonstrating the proposed

activity will in no way jeopardize the public health, safety and

welfare or is appropriately fenced to provide adequate protection.

10. A statement by the applicant for compliance with all conditions of

the interim use permit.

11. A written right-of-entry given to the City or the City’s agent to enter

the land for the purpose of determining compliance, any time, with

all applicable conditions imposed on the operation.

D. Performance Standards. The following performance standards shall

apply to all mining operations approved after the effective date of this

Ordinance.

1. General provisions. All equipment used for mining operations shall

be constructed, maintained and operated in a manner as to

minimize, as far as practical, noise, dust and vibrations adversely

affecting the surrounding property. Additionally, the excavation shall

be properly fenced.

2. Water Resources. The mining operation shall be conducted in such

a manner as to minimize interference with the surface water

drainage outside the boundaries of the mining operation.

3. Safety Fencing. Safety fencing may be required around all or

portions of the mining operation at the discretion of the Planning

Commission.

4. Mining Access Roads. The location of the intersection of mining

access roads with any public roads shall be selected such that

traffic on the access roads will have a sufficient distance of public

road in view so that any turns onto the public road can be

completed within a margin of safety as determined by the Public

Works Director.

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5. Screening Barrier. To minimize problems of dust and noise and to

shield mining operations from public view, a screening barrier

(vegetative or non-vegetative) may be required between the mining

site and adjacent properties or public roads as provided for in this

Ordinance.

6. Setback. The following setback requirements shall apply to mining

operations:

a. The processing of mined materials shall not be conducted

closer than one hundred (100) feet to the property line, nor

closer than five hundred (500) feet to any residential dwelling

unit.

b. Mining of any materials shall not be conducted closer than

two hundred (200) feet of any residential dwelling unit or

residential zoning district boundary.

c. Mining of any materials shall not be conducted closer than

thirty (30) feet to any property line or within thirty (30) feet of

any public road right of way.

7. Hours of Operation. All hours of operation shall be set in the Interim

Use Permit as approved by the Planning Commission. Hours of

operation (including without limitation excavation, crushing,

washing and hauling) shall be presumptively limited to 7:00 a.m. to

9:00 p.m. The City Council after review and recommendation by the

Planning Commission may further limit the hours of operation.

8. Access Roads and Roadway Restoration. All access roads from

mining operations to public highways, roads or streets or to

adjoining property shall be paved or otherwise maintained to control

dust. The City may require that the applicant pave or upgrade roads

used for hauling from the property. The City may also require the

applicant to provide financial security to ensure that any damage or

excessive wear caused by hauling to or from the property is

repaired by the owner and/or operator.

9. Land Reclamation. All mining sites shall be reclaimed immediately

after mining operations cease. Reclamation shall be completed

within one (1) year. The following standards shall apply:

a. Within a period of three (3) months after final termination of a

mining operation, or within three (3) months after

abandonment of such operation for a period of six (6)

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months, or within three (3) months after expiration of an

interim use permit for a mining operation, all buildings,

structures and plants incidental to such operation shall be

dismantled and removed by, and at the expense of, the

mining operator last operating such buildings, structures and

plants.

b. The peaks and depressions of the mined area shall be

graded and back filled to a surface which will result in a

gently rolling topography in substantial conformity to the land

area immediately surrounding, and which will minimize

erosion due to rainfall. No finished slope shall exceed

eighteen percent (18%) grade.

c. Reclaimed areas shall be surfaced with soil of a quality at

least equal to the topsoil of land areas immediately

surrounding, and to a depth of at least six (6) inches. The

topsoil shall be seeded, sodded or planted.

d. The finished grade shall be such that it will not adversely

affect the surrounding land or future development of the site.

The finished plan shall restore the mining site to a condition

whereby it can be utilized for the type of land use proposed

to occupy the site after mining operations cease.

10. Security/Bond. A bond or other financial security acceptable to the

City Council shall be provided by the applicant to ensure

compliance with the requirements of this Ordinance, to ensure

completion of the land reclamation, and to ensure compliance of

any conditions imposed as part of the interim use permit issued for

any Extractive Use.

Subdivision 21: HOME OCCUPATIONS

A. A Home Occupation in the R-1, R-2, and R-3 Districts and a Home

Occupation in a residential unit in a Commercial District shall comply

with the following standards:

1. The home occupation shall be clearly incidental and subordinate to

the residential use of the property.

2. The home occupation shall be conducted only by persons residing

on the premises. No person other than the residents of the

premises shall be employed or engaged in such home occupation.

3. Operation of the home occupation shall be limited to the residential

dwelling and any attached garage.

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4. The use of any accessory or agricultural buildings for storage or

business activity is prohibited.

5. The outdoor display or storage of goods, equipment or other

materials used for the home occupation is prohibited.

6. The home occupation shall not generate excessive customer or

client traffic that is detrimental to the character of the surrounding

properties.

7. There shall be no indication of offensive noise, vibration, smoke,

dust, odors, heat or glare at or behind the property line.

8. The home occupation shall not generate hazardous waste unless a

plan for off-site disposal of the waste is approved.

9. The home occupation at a dwelling with an on-site sewage

treatment system shall only generate normal domestic household

waste unless a plan for off-site disposal of the waste is approved.

10. Signs shall meet the requirements of this Ordinance.

11. Parking shall meet the requirements of this Ordinance.

Subdivision 22: HOME EXTENDED BUSINESSES

A. A Home Extended Business shall comply with the following standards:

1. The home extended business shall be clearly incidental and

subordinate to the residential use of the property.

2. The home extended business shall be conducted only by persons

residing on the premises. No person other than the residents of the

premises shall be employed or engaged in such home extended

business unless specifically approved as part of the conditional use

permit. (Different from Home Occupation)

3. Operation of the home extended business shall be limited to the

residential dwelling and accessory or agricultural buildings on the

same parcel. (Different from Home Occupation)

4. Areas used for the outdoor display or storage of goods, equipment,

vehicles, or other materials used for the home extended business

shall be located to the rear of the structure and further buffered

from adjacent residential uses with landscaping, fencing or other

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acceptable methods of screening in accordance with this

Ordinance.

5. The home extended business shall not generate excessive

customer or client traffic that is detrimental to the character of the

surrounding properties.

6. There shall be no indication of offensive noise, vibration, smoke,

dust, odors, heat or glare at or beyond the property line.

7. The home extended business shall not generate hazardous waste

unless a plan for off-site disposal of the waste is approved.

8. The home extended business at a dwelling with an on-site sewage

treatment system shall only generate normal domestic household

waste unless a plan for off-site disposal of the waste is approved.

9. Signs shall meet the requirements of this Ordinance.

10. Parking shall meet the requirements of this Ordinance.

Subdivision 23: SHORELANDS

Section 10.2 of the Stearns County, Minnesota Zoning Ordinance (as amended)

relating to the Shoreland overlay district is hereby adopted by reference in its

entirety.

Subdivision 24: FLOODPLAINS

Section 10.1 of the Stearns County, Minnesota Zoning Ordinance (as amended)

relating to the floodplain overlay district is hereby adopted by reference in its

entirety.

Subdivision 25: FEEDLOTS

Section 6.7 of the Stearns County, Minnesota Zoning Ordinance (as amended)

relating to feedlots is hereby adopted by reference in its entirety except for

setback requirements. Existing feedlots cannot sub-divide their property and be

closer than 700’ from a new sub-divided lot.

Subdivision 26: INDEPENDENT SEWAGE TREATMENT SYSTEMS

Stearns County Ordinance 198 (as amended) relating to independent sewage

treatment systems is hereby adopted by reference in its entirety.

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Subdivision 27: SETBACK REQUIREMENTS

Except where more strict standards are provided in this Ordinance, the following

setback requirements shall apply:

1. Minimum Building Setbacks

A. Roadway:

Classified Setback from Road Setback from Road

Roads Centerline* Right-of-Way*

Principal Arterial 150 75

Minor Arterial 120 60

Major Collector 100 50

Minor Collector 100 50

Un-Classified Setback from Road Setback from Road

Roads Centerline* Right-of-Way*

County Road 100 50

City Road 63 30

Private Road Easement 63 30

*THE MORE RESTRICTIVE SETBACK SHALL APPLY

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SECTION 9A : LANDSCAPING

Subdivision 1: INTENT/PURPOSE

The landscaping and screening regulations are intended to improve the physical

appearance of the community; to improve the environmental performance of new

development by contributing to the abatement of heat, glare, and noise and by

promoting natural percolation of storm water; reducing the visual impact of

parking lots, unsightly equipment, or materials from the view of persons on the

public streets or adjoining properties and buffering from uncomplimentary land

uses and by improving the quality of air, to buffer potentially incompatible land

uses from one another and to conserve the value of property and neighborhoods

within the City.

The scale and nature of landscaping materials shall be appropriate to the size of

the structures and the available space. Materials shall be located to avoid

interference with overhead or underground utilities and utility easements or

vehicular and pedestrian movement and visibility. Growth characteristics should

be considered.

Subdivision 2: APPLICABILITY

A. Landscaping and Buffering Standards shall apply to development within all

commercial and industrial Districts. In addition the following standards

shall apply to all residential lots to which urban utility service (either/both

sanitary sewer, drinking water) is available.

B. Exemptions: Unless specifically noted agricultural property is exempt from

this requirement.

C. The landscaping and screening requirements standards shall apply to:

1. New development, including principle and accessory structures on

property located with the Districts listed in this Section.

2. Expansion and reconstruction of parking lots with fifty (50) or more

parking spaces.

3. Expansion and major renovation of an existing building that

includes significant site modification where the proposed

modifications exceed thirty (30) percent of the floor area of said

structure or ten-thousand (10,000) square feet, whichever is less.

D. The landscaping and screening requirements include a number of design

elements as identified in this Section. These elements will have varying

applicability depending on the Zoning District and adjoining land uses.

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Design Element

Applic

ble Districts

Street Front

Landscaping

Multiple family, general commercial and industrial

districts.

Native Landscaped

Buffer

Commercial and industrial lots abutting T.H. 23

Buffer yards All nonresidential uses adjacent to areas guided for

residential use within the Comprehensive Plan,

except nonresidential uses within the central

business district.

Areas of Low Visual

Intere

Multiple family, general commercial and industrial

districts.

Subdivision 3: GENERAL REQUIREMENTS

Landscaping and Screening requirements shall be subject to the following

general requirements:

A. Landscaping shall be provided as part of the site plan review process. It

shall be conceived in a total pattern throughout the site, integrating the

various elements of site design, preserving and enhancing the particular

identity of the site, and creating a pleasing site character.

B. To enable the City to conduct a thorough yet expedient review the

required landscaping plan shall include the following:

1. Names and addresses of the applicant and owner.

2. The street address and legal description of the property.

3. Zoning classification of site and all adjoining property(ies).

4. Footprints and dimensions of all lot lines, structures,

parking/driveway surfaces, easements, drainage ways/surface

water controls and rights-of-way.

5. Location and description of existing plant materials and designation

of all vegetation to remain and/or be removed.

6. Proposed landscaped planting by location and scientific name and

common name.

7. Other information or documentation as the Zoning Administrator

may deem necessary to allow a full and proper consideration and

disposition of the particular plan.

C. Placement of trees and shrubs shall be designated to meet City

requirements regarding minimum sight lines from driveways and

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intersections, proximity to utility lines and utility easements. These factors

shall be addressed as part of the landscaping plan review.

D. Existing appropriate mature trees and vegetation may be incorporated into

overall site design and shall be considered in meeting the requirements of

this Ordinance. The extent that such existing vegetation meets the

requirements of these standards shall be reviewed and approved by the

City.

E. Buffer yards between various types of land use and residential areas, both

existing and planned shall include design elements in a combination to

provide effective buffering with consideration of existing topography and

site conditions. Buffer yards shall employ plant materials and/or screening

materials so as to lessen the view of land uses between said lots. Buffer

yards are subject to review/approval by the Zoning Administrator and

Planning Commission.

F. Installation. All landscaping required by this section shall be installed prior

to occupancy or commencement of a use. If the landscaping cannot be

installed prior to occupancy or commencement of a use because of

climatic conditions, the building inspector may issue a temporary

certificate of occupancy and grant a delay of landscaping installation until

the calendar date of June 1 immediately following the date of said

temporary certificate of occupancy.

G. Maintenance of Required Landscaping. Trees and vegetation, irrigation

systems, fences, wall and other landscaping elements shall be considered

as elements of the project in the same manner as parking, building

materials and other site details. The applicant, landowner or successors

in interest shall be responsible for the regular Maintenance of all

landscaping elements in good condition. All landscaping shall be

maintained free from disease; pests, weeds and litter, and all landscape

structures such as fences and walls shall be repaired and replaced

periodically to maintain a structurally sound condition in order to maintain

the required landscaping of the site.

H. Rights-Of-Way, Easements, and Drainage. Required landscaping shall

not disturb drainage systems or be placed upon easements of rights-of-

way.

I. Changes to Approved Landscape Plan. The landscaping shall be installed

and maintained according to the approved landscape plan except where

authorized changes are permitted. The approved landscape plan and

supporting data shall be binding on the applicants, their successors, and

grantees.

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Subdivision 4: LANDSCAPING STANDARDS

1. All lots are subject to the following requirements.

a. All exposed ground area surrounding the principal building and

accessory buildings which are not driveways, sidewalks or patios shall

be landscaped with grass, shrubs, trees or other ornamental landscape

material.

b. In addition, a minimum of two (2) trees shall be required per lot area

covered by buildings, parking lots, and exterior storage. Trees

proposed to satisfy buffer requirements and/or landscaping within

parking lots, may also be applied toward meeting this requirement but

those required for front landscaping shall not be used to satisfy this

requirement.

2. Street front landscaping for multiple family, general commercial and

industrial districts shall be subject to the following standards.

i. All areas adjoining public or private street frontage shall be landscaped

to include trees, shrubs, and/or living ground cover.

ii. Landscape areas between the public or private street and parking

areas are strongly encouraged.

iii. Required landscaping based on street frontage.

a. Trees: One hearty, native tree per thirty (30) feet of street

frontage, or fraction thereof, shall be required within the front

setback area. The trees may be arranged in a clustered fashion

and need not be placed at even intervals except where such

placement would complement existing landscape design

patterns for the area. A minimum of fifty percent (50%) of the

required trees shall be at least two inch (2”) diameter shade

trees. The remaining trees may be any combination of shade

trees, flowering trees and or evergreen trees.

b. Shrubs: Six hearty, native (6) shrubs per one hundred feet

(100’) of street frontage where parking does not adjoin street.

Required shrubs may be replaced by ornamental grasses or

hardy, perennial flowers at a rate of five (5) such plants per

shrub replaced. Where parking adjoins the street sufficient

shrubs to provide sixty-six percent (66%) screening to a height

of three and one half feet (3.5’) where parking adjoins a street.

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c. Street front landscaping shall include all areas along public or

private street frontage, public or private street side setbacks,

and setbacks along other property lines boarding a public or

private side setback, and setbacks along other property lines

bordering a public or private street.

d. Ground Cover: Living ground cover, such as grass, shall be

provided within all required street frontage landscaped areas.

Non-living materials (such as walk-on bark, mulch, and

ornamental rock) may be used for up to twenty-five percent

(25%) of the landscaped area.

e. The specific location of trees and landscaping within the

required setback area shall be approved by the Planning

Commission based on site characteristics.

3. Native landscape buffer for commercial and industrial developments

abutting T.H. 23. A buffer a minimum of forty (40) feet in width shall be

maintained in its natural state adjacent to all property lines abutting T.H.

23. The purpose of the buffer is to maintain a natural viewing corridor

adjacent to T.H. 23. Lots with existing and operable commercial/industrial

uses at the time of this ordinance shall provide as wide a native

landscaped buffer as possible. The native landscape buffer shall remain

as much as possible in its natural state however removal of deceased

and/or diseased vegetation is allowed. The buffer yard shall be construed

to be part of the required yard setback and not an additional setback.

4. Buffer yards. Where a nonresidential use is adjacent to property guided to

residential use as illustrated on the Future Land Use map contained in the

Comprehensive Plan a landscaped buffer shall be provided. It is the

objective of the landscaped buffer to lessen, rather than completely

eliminate land use conflicts between such uses. It is not expected that

landscaped buffers will totally screen such uses. It is expected that the

landscaped buffer design elements identified below will provide immediate

lessening of land use conflicts and such buffering will be enhanced over

time as landscaping matures. Landscaped buffers may include a

combination of elements including setback distances as separation, tree

and shrubs, solid fencing, and/or berming. It is encouraged that existing

topography and vegetation be included in the design of the landscaped

buffer as approved by the City. Retention of existing mature trees is

strongly encouraged in meeting the requirements of this Section. Rear

and side yard landscaped buffers shall have a minimum depth of fifteen

feet (15’).

5. Areas of Low Visual Interest. For all uses except agricultural and single or

two family residential, landscaping shall be used to screen areas of low

visual interest or visually intrusive site elements (such as trash collection,

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open storage, HVAC, service areas, loading docks and blank walls) from

off-site view. Such screening shall be established on all sides of such

elements except where an opening is required for access. If access is

possible only on a side that is visible from a public street, a removable or

operable screen shall be required.

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SECTION 9B. SITE PLAN

Subdivision 1: FINDINGS/PURPOSE/INTENT

1. For purposes of enforcing this ordinance, a site plan shall be required of

all persons prior to:

i. The erection or construction of any principal structure or building

and/or any accessory structure within any zoning classification

require submittal of a site plan to the City; except that single/two

family residential units on lots within approved subdivisions shall be

exempt providing they adhere to elevations and building types as

approved with the grading/drainage plan.

ii. Shoreland Alterations exceeding 50 cubic feet within the Shoreland

structure setback, including removal of trees and Shoreland

vegetation, as per Stearns County Zoning Ordinance Section 10.2

as may be amended.

iii. Land disturbing activities including any extraction, mining, landfills,

excavating, grading, clearing, filling, or other earth change which

may result in:

a. The movement of more than ten thousand (10,000) cubic yards

of soil;

b. Any alteration of land by more than one foot from the existing

contour of the ground on any contiguous four hundred fifty (450)

square feet of ground;

c. Any other activity that changes the existing or natural contour of

the land which changes drainage.

d. For purposes of this Chapter, excavation or grading for

agricultural purposes on agriculturally zoned property shall not

constitute land disturbing activity.

iv. Erection, alteration or relocation of feedlots, holding ponds, and

slurry systems.

v. Fences, retaining walls and berms higher than two (2) feet except

for agricultural fences in the A-40 and Rural Residential Districts.

vi. The construction or modification of a dam or dike.

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vii. Within the flood plain (as per Section 10.1 of the Stearns County

Zoning Ordinance, as may be amended), the erection, addition, or

alteration of any building, structure, or portion thereof; the use or

change of use of a building, structure, or land; the change or

extension of a nonconforming use; and the placement of fill,

excavation of materials, or the storage of materials or equipment.

viii. The addition of a bedroom to a residence when requiring a

structural change.

Subdivision 2: SITE PLAN PROCEDURES

1. Application. Persons requesting Site Plan approval must fill out an

application available from the Zoning Administrator. Application

requirements will be established by the Zoning Administrator and may

include, but are not limited to, the following information: aerial photos, a

site plan showing the nature, location, and dimensions of the lot, existing

and proposed structures, locations to be filled or where materials will be

stored, itemization of vegetation to be removed/retained, location of

significant trees (coniferous greater than six inches; deciduous greater

than ten inches at a point one foot above the average grade) with

identification of which trees are to be removed and which are to be

retained and the location of the foregoing in relation to the shoreline and

floodplain, if applicable.

2. Submittal Requirements.

A. R-1 Single Family and R-2 Two Family Residential Districts.

a. Building permit applications for the construction of principal

structures and/or accessory structures in the R-1 single

family and R-2 two family district shall illustrate the location

of the proposed building(s) relative to property lines,

easements (public and private), elevations and the uses of

all remaining land.

b. The site plan shall be reviewed by the Building Official prior

to the issuance of a building permit.

c. The building official may refer the site plan to other City

representatives (i.e. City Engineer, City Administrator) if

concerns are identified with said site plan. The building

official shall compare the proposed site plan with

development plans approved for the subject parcel.

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d. The building official may require the applicant to either

submit a certificate of survey or execute a waiver prior to the

issuance of a certificate of occupancy which certifies the

finished landscaped grade complies with the approved

grading plan for the subject parcel as represented in as-built

drawings of said parcel. If the finished landscaped grade is

not known at the time of the request for a certificate of

occupancy, the building official shall require the applicant (as

a condition of issuance of the certificate of occupancy) to

furnish a certificate of survey upon completion of the finished

landscape grade.

B. A-40 Agricultural District.

a. Building permit applications for the construction of principal

and accessory structures in the A-40 Agricultural District

shall illustrate the location of the proposed building(s)

relative to property lines, easements (public and private),

elevations and the uses of all remaining land.

b. The site plan shall be reviewed by the Building Official prior

to the issuance of a building permit.

c. The building official may refer the site plan to other City

representatives (i.e. City Engineer, City Administrator,

Planning Commission) if concerns are identified with said

site plan. The building official shall compare the proposed

site plan with development plans approved for the subject

parcel.

C. R-3 Multiple Family District.

a. No building permit for any structure shall be issued until the

Zoning Administrator reviews a site plan to determine that

the use and development is compatible with adjacent land

uses, compatible the requirements of this Ordinance and

consistent with the stated intent of this zone. Upon the

request of the Zoning Administrator and/or the Applicant, the

Planning Commission and/or the City Council may review

the development plan.

b. The developer shall provide the following items to the

Planning Commission for any development located in the R-

3 Multiple Family Residential District:

1. Aerial photo of site/building locations.

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2. Building location on the lot, drawn to scale.

3. Building elevations; front, rear and side.

4. Building exterior materials and color.

5. Locations of ingress and egress points.

6. Dumpster and solid waste pick-up areas and

proposed screening material.

7. Sign location and dimensions.

8. Lighting standard and hood detail.

9. Parking and loading areas identified.

10. Drainage by the use of contours.

11. Screening of heating, ventilation, air-conditioning and

similar facilities.

12. Landscaping material including the location, type of

plant and size; itemization of vegetation to be

removed/retained; location of significant trees

(coniferous greater than six inches, deciduous greater

than ten inches at a point one foot above the average

grade) with identification of which trees are to be

removed and which are to be retained.

13. Fire hydrant and fire lane locations.

14. Utility locations.

15. A description of provisions which shall be made on

the site for adequate open space, recreational areas,

transit options, etc. to properly serve residents of the

facility including a discussion of the perceived needs

of the residents (i.e. senior citizens, students, families

with children).

16. A copy of proposed covenants and/or homeowner’s

association agreement(s).

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17. Any other fencing, screening, or building accessories

to be located in the development area.

18. When required, evidence of completion of National

Pollutant Discharge Elimination System (NPDES)

permitting program and/or the City of Rockville Storm

Water Pollution Prevention Program (SWPPP).

19. If applicable, evidence of compliance with federal,

state and local pollution and nuisance laws and

regulations, including, but not limited to glare, smoke,

dust, odors and noise. The burden of proof for

compliance with appropriate standards shall lie with

the applicant.

c. Required Fee/Agreement.

a. Development Agreement. In the event additional

review by the City or its assigns is anticipated and/or

needed during implementation of the Development

Plan, or other similar circumstance, the City shall

require the property owner(s) and/or developer(s)

enter into a development agreement with the City.

The development agreement shall stipulate the

conditions for approval and the City's authority to

inspect the development. The agreement shall further

require the owner or developer, as the case may

require, furnish a cashier's check, escrow account or

irrevocable letter of credit in favor of the City in an

amount equal to 100% of all costs associated with

City’s review of the development, including but not

limited to, engineering, legal, fiscal and administrative,

as estimated by the City. Such escrow or letter of

credit shall be in the form approved by the City

Attorney, shall be conditioned upon the approval of

the development plan.

b. Payment Required. Any person filing a petition

requesting development plan review shall pay a fee

according to the schedule established by the City

Council.

c. Amount. Fees payable under this section for

development plan review shall be in an amount as

established by resolution of the City Council.

Preparation and review of all elements of the required

development plan, as listed and described above, is

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to be at the sole expense of the developer and at no

expense to the public. The fee is payable at the time

of filing a petition and is not refundable. In addition to

the above fees and in the event the City incurs

professional fees, either legal, engineering or

professional planners, or any other cost, including but

not limited to, postage and publication expenses, the

applicants shall reimburse the City for those fees, and

the City officials may require an escrow deposit,

cashier’s check or letter of credit for these fees prior

to the final action on the application for development

plan review. Such escrow or letter of credit shall be in

the form approved by the City Attorney.

D. Commercial/Industrial Districts.

a. No building permit for any structure shall be issued until the

Zoning Administrator (in consultation with the Planning

Commission Chair) reviews a development plan drafted by a

professional in a corresponding discipline to determine that

the use and development is compatible with adjacent land

uses, consistent with the stated intent of this zone and

consistent with existing ordinances/laws. Upon the request

of the Zoning Administrator or the Developer, the

development plan may be referred to the Planning

Commission and the City Council who will make the final

determination on site plan approval.

b. The developer shall provide the following items to the Zoning

Administrator for any development located in a commercial

or industrial district:

1. Building location on the lot, drawn to scale.

1. Aerial photo with building locations depicted.

2. Building elevations; front, rear and side.

3. Building exterior materials and color.

4. Locations of ingress and egress points.

5. Dumpster and solid waste pick-up areas and

proposed screening material.

6. Sign location and dimensions.

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7. Lighting standard and hood detail.

8. Parking and loading areas identified.

9. Drainage by the use of contours.

10. Screening of heating, ventilation, air-conditioning and

similar facilities.

11. Landscaping material including the location, type of

plant and size; itemization of vegetation to be

removed/retained, location of significant trees

(coniferous greater than six inches; deciduous greater

than ten inches at a point one foot above the average

grade) with identification of which trees are to be

removed and which are to be retained.

12. Fire hydrant and fire lane locations.

13. Utility locations.

14. A description of provisions which shall be made on

the site for adequate open space, recreational areas,

transit options, etc. to properly serve patrons of the

facility(ies) including a discussion of the perceived

needs of the patrons (i.e. senior citizens, students,

families with children).

15. If applicable, a copy of proposed covenants and/or

association agreement(s).

16. Any other fencing, screening, or building accessories

to be located in the development area.

17. When required, evidence of completion of National

Pollutant Discharge Elimination System (NPDES)

permitting program and/or the City of Rockville Storm

Water Pollution Prevention Program (SWPPP).

18. If applicable, evidence of compliance with federal,

state and local pollution and nuisance laws and

regulations, including, but not limited to glare, smoke,

dust, odors and noise. The burden of proof for

compliance with appropriate standards shall lie with

the applicant.

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c. Required Fee/Agreement.

a. Development Agreement. In the event additional

review by the City or its assigns is anticipated and/or

needed during implementation of Development Plan,

or other similar circumstance, the City shall require

the property owner(s) and/or developer(s) enter into a

development agreement with the City. The

development agreement shall stipulate the conditions

for approval and the City's authority to inspect the

development. The agreement shall further require the

owner or developer, as the case may require, furnish

a cashier's check, escrow account or irrevocable letter

of credit in favor of the City in an amount equal to

100% of all costs associated with City’s review of the

development, including but not limited to, engineering,

legal, fiscal and administrative, as estimated by the

City. Such escrow or letter of credit shall be in the

form approved by the City Attorney, shall be

conditioned upon the approval of the development

plan.

b. Payment Required. Any person filing a petition

requesting development plan review shall pay a fee

according to the schedule established by the City

Council.

c. Amount. Fees payable under this section for

development plan review shall be in an amount as

established by resolution of the City Council.

Preparation and review of all elements of the required

development plan, as listed and described above, is

to be at the sole expense of the developer and at no

expense to the public. The fee is payable at the time

of filing a petition and is not refundable. In addition to

the above fees and in the event the City incurs

professional fees, either legal, engineering or

professional planners, or any other cost, including but

not limited to, postage and publication expenses, the

applicants shall reimburse the City for those fees, and

the City officials may require an escrow deposit,

cashier’s check or letter of credit for these fees prior

to the final action on the application for development

plan review. Such escrow or letter of credit shall be in

the form approved by the City Attorney.

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3. Site Plan Approval will be issued only if the proposal is in compliance

with applicable portions of this ordinance including, but not limited to:

a. Zoning district land uses.

b. Zoning district dimensional standards and setbacks.

c. Performance standards provided for certain activities of this Ordinance.

d. Other requirements established by the Zoning Administrator, the

Planning Commission and the City Council.

Subdivision 3: OTHER REGULATIONS

Site Plan Approval does not imply compliance with other applicable City

regulations or regulations of other agencies unless otherwise stated.

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SECTION 10: FENCES

Subdivision 1: PURPOSE

The purpose of this Section is to regulate fences in the City, to prevent fences

being erected that would be a hazard to the public, or an unreasonable

interference with the use and enjoyment of neighboring property and are

compatible with existing land uses and other zoning restrictions.

Subdivision 2: FENCE PERMIT

1. Permit. No person may construct, erect or cause to be constructed or

erected any Fence within the City without first obtaining the required site

permit, except that Agricultural Fences in the A-40 and Rural Residential

District shall not require a permit.

2. Application. Every application must contain a plot plan clearly describing

the proposed Fence’s type, location, construction materials, height,

proximity to lot lines, anchoring methods and any other information the

Zoning Administrator or Building Inspector reasonably requires.

3. Fee. Each applicant must pay a Fence permit fee that the City Council

establishes by ordinance.

Subdivision 3: FENCE REGULATIONS

Fences are permitted in all yards, subject to the following:

1. Agricultural Districts. Wire partition fences located within A-40 Districts

and/or fences located in A-40 Districts and used solely for farm animal

containment shall be governed by the requirements of state statutes and

shall be exempt from the standards set out in this Subdivision 3.

2. Residential Districts.

A. Height. Fences may not exceed six (6) feet above adjacent-ground

grade.

B. Within Lot Boundaries. Fences and all supporting structure must

be completely within the boundaries of the owner’s lot.

C. Front Corner Fences. All Fences erected to the front of the front

corner of a dwelling can be no more than forty-eight (48) inches in

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height for Open Fences and thirty (30) inches in height for Solid

Fences.

D. Corner Lot Fences. Fences erected on a corner lot must have two

fronts.

E. Property Line Setback. A Fence within two (2) feet of the property

line will require the abutting neighbor’s consent.

3. Corner Lot Limitations. No Fence, wall, structure, hedge, shrubs, trees

or other obstruction, other than chain link fences with openings of one and

five-eights (1 5/8") to two (2") inches not exceeding forty eight (48") inches

in height, may be erected, established or maintained on a corner lot within

a triangular area bounded by the lot lines and a line connecting points on

each lot line twenty (20) feet from the intersection of the lot lines. An

object within this area not exceeding thirty (30") inches in height as

measured from the centerline elevation of the street will not be considered

as an obstruction to vision. Fences that will obstruct or impede the clear

view of an intersection by approaching traffic may not be erected on

corner lots. This paragraph does not apply to the B-1" District.

4. Fence Face. The side of the fence considered to be the face (finished

side as opposed to structural supports) must face abutting property. If

located along a boundary the completed face must be toward the

adjoining property.

5. Public Right-of-Way. Fences are not permitted on public right-of-way, or

on boulevard areas without the City Council’s prior written permission.

6. Fence Height Limits. In Non-Residential Districts, no fence may exceed

eight (8) feet in height and in the case of grade separation, the height of a

fence will be determined on the basis of measurement from the average

point between the highest and lowest grade.

7. Fences on Property Line. A Fence may be erected on the property line

upon mutual agreement in writing of both property owners. The written

agreement must be provided to the City Zoning Administrator.

8. Construction. Every Fence must be constructed in a substantial,

workmanlike manner. All construction materials must be of high quality

and new or like new, and must be reasonably suited for the purpose for

which the Fence is proposed to be used.

9. Maintenance and Repair. All Fences must be maintained in a condition

of reasonable repair and will not be allowed to become a nuisance, either

public or private. Any Fence which is dangerous to the public safety,

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health, or welfare is a public nuisance and the City may commence

proceedings for its abatement. See Minn. Stat. 344.02, Partition Fences.

Subdivision 4: VIOLATIONS

3. No existing Fence in violation of this Section may be replaced or rebuilt. If

an existing Fence is replaced or rebuilt, it must come under this Section’s

regulations.

4. Violation of this Section may be enforced by injunction and the City will be

entitled to the remedy of abatement in order that a Fence erected in

violation of this Ordinance may be removed.

Subdivision 5: VARIANCE

Any requested variance from this Section’s requirements will be governed by this

Ordinance.

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SECTION 11: PARKING AND LOADING

Subdivision 1: PURPOSE AND INTENT

This Section is intended to assist in alleviating or preventing congestion of the

public right-of-way and to promote the safety and general welfare of the public by

establishing minimum requirements for off-street parking of motor vehicles in

accordance with the intensity of utilization of the various parcels of land or

structures. The intent of this section of the zoning ordinance is to establish

general standards for off-street parking. The regulations provided herein shall

apply equally to all districts except where special provisions provide otherwise.

Subdivision 2: SCOPE OF PARKING AND LOADING REQUIREMENTS

In all zoning districts, off-street parking facilities for the storage of motor vehicles

for the use of occupants, employees and patrons of the buildings or structures

hereafter erected, altered or extended after the effective date of this Ordinance

shall be provided and maintained as herein prescribed.

Subdivision 3: PERMIT REQUIRED

1. No person shall construct, enlarge or change the dimensions of a parking

area or driveway, unless and until a permit is secured from the City,

except that a separate driveway permit shall not be required if the

proposed driveway is constructed as shown on the approved residential

subdivision grading plan.

2. A permit shall not be required for the routine maintenance/repair of an

existing driveway. However, any expansion, addition or upgrade of an

existing driveway shall be compliant with the performance standards of

this Article.

Subdivision 4: RULES FOR DETERMINING PARKING SPACES REQUIRED

1. Rounding Up. When the determination of the number of required parking

spaces results in a fractional space that fraction, if one-half (1/2) space or

greater, shall be rounded up to equal one (1) space.

2. The term “floor area” for the purpose of calculating the number of off-

street parking spaces required shall be determined on the basis of the

exterior floor area dimensions of the buildings, structure or use times the

number of floors, minus ten (10) percent, except as may be hereinafter

modified.

3. Except for shopping centers, should a structure contain two (2) or more

types of uses, the gross floor area of each use shall be calculated and a

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ten (10%) percent reduction shall be made for non-productive space. The

resulting net useable floor space figure shall be utilized to determine the

off-street parking requirement.

4. Provision shall be made in the parking area for adequate snow storage or

removal to ensure that the required number of spaces is available at all

times during the year.

5. The City Council may consider a reduction in the amount of parking space

required for joint or mixed uses (other than purely residential) where it is

sufficiently demonstrated and documented that a specific timing element

(e.g. differing hours of operation are perpetually maintained; mixed

storefront and multiple family residential uses in a single structure) or the

nature of the use (e.g. senior housing; proximity to transit

terminals/stations, etc.), will demonstrably affect the demand for parking.

6. Within the Central Business District, when strict compliance with the

standards relating to parking lot calculation herein will prohibit the

rehabilitation and/or reconstruction of a facility within the downtown and

providing the amount of required off-street parking for commercial or

mixed uses do not increase as a result of the project, the City Council may

reduce the number of parking spaced required. In such an instance, the

amount of parking space required shall be based on: the anticipated

demand for parking; the distance to proposed parking which shall not at

any time exceed four hundred lineal feet; the length of visits generated by

the particular business; and, the availability of other parking spaces in the

area. In addition, joint parking facilities may be considered provided the

applicant provides a rational basis for the sharing or facilities (i.e. differing

hours of business, population doesn’t use passenger automobiles, etc.)

and all owners of the facility sign the parking plan application.

7. Use Not Listed. Where a use is not specifically mentioned, off-street

parking requirements are the same as for similar uses as determined by

the Zoning Administrator.

8. On-street parking is not to be counted when calculating the off-street

parking requirements in this Section.

9. Garages. Garage spaces may be counted as parking spaces provided

that, a garage space may not be counted if blocked by another space.

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Subdivision 5: PARKING SPACES

The amount of required off-street parking for new uses or buildings and additions

to existing buildings will be determined using the following table. The number of

spaces specified below must be irrevocably reserved for parking purposes for the

specified use.

1. Single family, two family and townhouse units. Two (2) spaces per

Dwelling Unit.

2. Boarding house. At least two (2) parking spaces for each three (3)

persons for whom accommodations are provided for sleeping.

3. Multiple family dwellings. Two (2) spaces per Dwelling Unit.

4. Motels, motor hotels, hotels. One (1) space per each rental unit plus one

(1) additional space for each ten (10) units and one (1) space for each

employee on any shift.

5. Church, theater, auditorium. At least one (1) parking space for each four

(4) seats based on the design capacity of the main assembly hall.

6. Hospitals. Two (2) spaces per each bed.

7. Medical, dental or hospital out-patient clinics. One (1) space for each one

hundred ten (110) square feet of net floor area or seven and one-half (7 2)

spaces per doctor, whichever number of parking spaces is greater.

8. Rest home, nursing home or day nurseries. Four (4) spaces plus one (1)

for each three (3) beds for which accommodations are offered.

9. Elderly (senior citizen) housing. One (1) space per unit.

10. Drive-in establishment and fast food. At least one (1) parking space for

each thirty-five (35) square feet of gross floor area but not less than fifteen

(15) spaces.

11. Office buildings and professional offices. One (1) space for each two

hundred (200) square feet of floor area.

12. Bowling alley. At least five (5) parking spaces for each alley, plus

additional spaces as may be required herein for related uses contained

within the principle structure.

13. Motor fuel station. At least four (4) off-street parking spaces plus two (2)

off-street parking spaces for each service stall. Those facilities designed

for sale of other items than strictly automotive products, parts and/or

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service will be required to provide additional parking in compliance with

other applicable sections of this Ordinance. Auxiliary uses to a motor fuel

station such as a fast-food restaurant must comply with the requirements

of this ordinance relative to that type of use.

14. Retail store (including convenience stores) and service establishment. At

least one (1) off-street parking space for each two hundred (200) square

feet of sales floor area.

15. Retail sales and service business with fifty percent (50%) percent of gross

floor area devoted to storage, warehouses and/or industry. One (1) space

for each two hundred (200) square feet devoted to public sales and/or

service plus one (1) space for each one thousand (1000) square feet of

storage area or one (1) space for each employee on the maximum shift

which is appropriate.

16. Restaurants, cafes, private clubs serving food and/or drinks bars, taverns,

nightclubs. At least one (1) space for each sixty (60) square feet of gross

floor area. Restaurants with drive thru windows shall submit a vehicular

and pedestrian circulation sketch and allow adequate stacking space for

drive thru customers.

17. Funeral Homes. At least twenty (20) parking spaces for each chapel or

parlor, plus one (1) parking space for each funeral vehicle maintained on

the premises. Aisle space may also be provided off the street for making

up a funeral procession.

18. Auto repair, bus terminal, boats and marine sales and repair, bottling

company, shop for a trade employing six (6) or less people, garden supply

store, building material sales in structure. Eight (8) off-street parking

spaces, plus one (1) additional space for each six-hundred (600) square

feet of space.

19. Manufacturing, fabricating or processing of a product or material;

warehouse, storage, handling of bulk goods, post offices. At least eight (8)

spaces, plus one (1) space for each two (2) employees on each shift

based on maximum planned employment or at a minimum one (1) space

for each six hundred (600) square feet of floor area.

20. Car wash. (In addition to required magazine or stacking space.)

a. Automatic drive through, serviced. A minimum of ten (10) spaces,

or one (1) space for each employee on the maximum shift,

whichever is greater.

b. Self-service. A minimum of two (2) spaces per wash bay.

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c. Motor fuel station car wash. Zero (0) in addition to that required for

the station.

Subdivision 6: OFF-STREET PARKING REQUIREMENTS

In all districts where off-street parking is permitted or required, the off-street

parking area must be constructed and maintained subject to the following

regulations:

1. City Council Approval Required. Prior to starting construction on any off-

street parking lot the plans must be approved by the City Council after

review and recommendation of the Planning Commission.

2. Off-street parking spaces, parking lots and loading spaces shall not be

reduced in number or size unless said number or size of existing facilities

exceeds the requirements set forth within this Title for a similar use.

3. No change of use or occupancy of land already dedicated to off-street

parking or loading areas shall reduce the area necessary for parking

below the minimum described herein.

4. Dwelling Off-street Parking. Off-street parking facilities for residential

dwellings must be provided and located on the same lot or parcel of land

as the building they are intended to serve.

5. Within urban areas (those with a City utility service available), off-street

parking facilities accessory to residential uses shall be comply with

observed setbacks unless part of a traditional neighborhood development

(parking designed to be in rear of lot). Said parking facilities shall also

feature ‘improved’ surfaces (i.e. cement, asphalt and the like), be

connected to driveways and be utilized solely for the parking of licensed

and operable passenger automobiles. No more than one (1) truck not to

exceed a gross weight rating of eighteen thousand (18,000) pounds as

rated by the manufacturer; and recreational vehicles and equipment.

Under no circumstances shall parking facilities accessory to residential

structures be used for the storage of commercial vehicles or equipment

such as semi trucks/trailers and/or excavation equipment. The standards

of this ordinance relating to Outdoor Storage (Section 9) also apply.

6. Shared Parking Areas. Nothing in this Section should be construed to

prevent shared off-street parking facilities for two (2) or more buildings;

however, the total spaces must be equal to or greater than the sum of the

requirements for the various individual uses.

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7. Building Expansions Require Compliance with Parking Requirements. If a

use requiring off-street parking is increased in floor area, and the use is

located in a building existing on or before this Ordinance’s effective date,

additional parking space for the additional floor area must be provided as

required by this Section.

8. Building Expansions Into Parking Areas. Nothing in this Section is

intended to prevent the extension of or an addition to a building or

structure into an existing parking area when the same amount of space

taken by the extension or addition is provided by an enlargement of the

existing parking area or is replaced by an additional area within three

hundred (300) feet of the building.

Subdivision 7: DESIGN STANDARDS

1. Adequate Ingress and Egress. All off-street parking areas must provide

adequate ingress and egress to at least one public street.

2. Site Plan. The application for a multiple family, institutional, commercial or

industrial building permit shall be accompanied by a site plan, which in

addition to other information, shall show the location of the off-street

parking area provided for such building.

3. Hard Surface Required. In Urban Areas (with municipal water and/or

sewer service available) off-street parking areas, including parking lots

and driveways, must be constructed of concrete or blacktop which must

be designed to properly drain surface water and prevent water drainage

onto adjacent properties or walkways. Gravel and crushed granite type

surfaces for parking in industrial areas may be permitted through the

issuance of an interim use permit, however all ingress/egress and drive

isles shall be asphalt or concrete.

4. Setback From Adjoining Residential Uses. Whenever the boundary of an

off-street parking area containing more than five (5) parking spaces

adjoins property guided for residential use within the Comprehensive Plan

a setback of fifteen (15) feet from the lot line is required. This setback also

applies to driveways to and from parking areas. The setback area shall be

fully screened to a height of three and one-half (3½) feet above the

parking grade using screening and/or plant materials as directed/approved

by the City.

5. Curbing Required Protecting Adjoining Properties. Curbs or other

protections against damage to adjoining properties, streets and sidewalks

must be provided and maintained as directed by the City Engineer.

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6. Parking Space Size. The chart and diagrams below identify parking

space/drive aisle requirements. For parking at angles other than those

specified, space will be calculated by averaging the closest standards.

Where not specified in this Ordinance, parking spaces must contain an

area of at least two hundred (200) square feet and must be at least 10 x

20 square feet.

Diagram

Reference

Angle

Minimum

stall width

Minimum

stall

depth

Aisle

Width

(one/ two

ay)

Avg. width of

one tier of

spaces plus one

drive aisle

(one/tw

o way)

Avg. width of

two tiers of

spaces plus

one drive aisle

(one/two way)

90 degree

18'

26’/26’

44'

62.0

60 degree

18'

16’/26'

34'/44'

52’/62’

45 degree

18'

16’/

34'/

40'

52’/58’

Parallel to curb

22'

n/a

Special designs will be considered for unique situations, and are subject t

o approval of

the City Engineer. Handicap stalls shall be provided in accordance with current ADA

requirements. Where bumpers overhang sidewalks see diagram for overhang space

requirements before considering useable sidewalk width. Where not specified, angle

parking must allow a minimum of 2.5 feet of bumper overhang space before

considering usable sidewalk width.

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Degree

45 Degree

Angle

Bumper

verhan

feet (each side of

center)

NOTE: If drive aisles are two lanes stalls must be positioned to accommodate entry to stall.

Bumper

verhang:

feet (each side of

center)

NOTE: If drive aisles are two lanes stalls must be positioned to accommodate entry to stall.

60 Degree

Angle

90 Degree

Angle

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7. Industrial District - Front Yard Parking. Parking lots for automobiles and

other motor vehicles are permitted in the front and side yards in Industrial

Districts if screened by landscaping of at least eight (8) feet in width.

Industrial Districts adjacent to residentially zoned property have a greater

setback as established in specific districts. Screening of a minimum height

of three feet (3’) and as approved by the City shall be installed by the

developer/property owner to prevent headlights from shining onto adjacent

properties when abutting a local street.

8. Non-dwelling off-street parking spaces and parking spaces servicing

multiple family dwellings must be located within three hundred (300) feet

of the building they are intended to serve, as measured from the nearest

point of the off-street parking facilities and the nearest point of the

structure.

9. No sign shall be so located as to restrict the sight, orderly operation and

traffic movement within any parking area. Only signs necessary for the

orderly operation of traffic movement or parking regulation shall be

permitted in any parking area (e.g. visitor parking, deliveries, handicap

parking). Such signs shall not be considered part of the permitted

advertising space and shall be subject to signage regulations.

10. Except in the case of single-family, two-family, and townhouse

developments, parking areas and driveways shall be designed to prevent

the backing out onto a right-of-way, however, all lots having direct

driveway access onto collector or arterial roads, regardless of use shall

provide turn around facilities on the lot to eliminate vehicles backing onto

the collector or arterial roads.

Parallel to

Curb -

(No Angle)

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11. Shared driveways with adjacent lots where practical or required by the

City, County or State, shall be installed as a means of minimizing the

number of access points along collector or arterial road.

12. No curb cut access shall be located less than twenty (20) feet from the

intersection of two (2) or more street right-of-ways for residential uses, and

thirty (30) feet for commercial and industrial areas. This distance shall be

measured from the intersection of lot lines. Within intersections of

highways this standard shall yield to requirements of Stearns County or

the Minnesota Department of Transportation.

13. Curb cut openings and/or driveway accesses shall be a minimum of five

(5) feet from the side property line.

14. All properties shall be entitled to at least one (1) curb cut or driveway

access. Urban lots subject to single-family uses shall be limited to one (1)

curb cut access per property. Residential curb cuts shall not measure

more than 24 feet in width. Commercial/industrial curb cuts shall not

exceed 26 feet in width unless specific circumstances are documented to

exist.

15. Driveway aprons shall be surfaced in concrete in urban areas (lots with

municipal service available).

16. Any off-street parking area containing five (5) or more parking spaces

shall be striped (painted) so as to illustrate the organizational pattern of

parking.

17. All parking and loading areas shall provide for proper drainage of surface

water to prevent the drainage of water onto adjacent properties or

walkways.

18. Screening. Any off-street parking area containing five (5) or more parking

spaces adjacent to a residential zoning district or residentially developed

property must be completely screened to a height of at least three and

one-half feet (3.5‘) above the parking grade using approved screening

and/or plant materials.

19. Maintenance. All parking areas must be maintained in good condition

without holes and free of all dust, trash and other debris.

20. Drainage. All parking and loading areas shall provide for proper drainage

of surface water to prevent the drainage of water onto adjacent properties

or walkways.

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21. Lighting. All parking area lighting must be directed away from adjacent

property and must conform to the lighting requirements of this Ordinance.

22. Handicapped Parking. If required by the State Building Code,

Handicapped parking must be provided according to State Building Code

requirements and meet the requirements of this Ordinance.

23. Driveways and parking lots shall not adversely affect stormwater drainage

structures including culverts and/or the rate of stormwater discharge.

Subdivision 8: LOADING AREAS

On the same premises with every building devoted to retail trade, retail and

wholesale food markets, warehouses, supply houses, wholesale or

manufacturing trades, laundry, dry-cleaning establishments or other buildings

which do not rely primarily on railroad transfer and where large amounts of goods

are received or shipped, erected in any district after the City adopts this

Ordinance, loading and unloading space shall be as follows:

1. General Business Districts. In general business districts two (2) off-street

loading and unloading spaces shall be provided for each store unit having

a gross area of ten thousand (10,000) square feet. One (1) additional

space shall be provided for each additional fifteen thousand (15,000)

square feet of floor space.

2. Central Business Districts. In neighborhood business districts, one (1) off-

street loading and unloading space shall be provided for each store unit.

3. Industrial Districts. In industrial districts, the use of any building requiring

loading or unloading of materials to or from trucks shall require two (2) off-

street loading spaces for the first ten thousand (10,000) square feet of

floor space and an additional space for each additional fifteen thousand

(15,000) square feet of floor space.

4. No required off-street loading space shall be less than one hundred feet

(100’) from any residential district boundary line.

5. Off-street loading spaces adjacent to collector or arterial streets shall be

screened from the view from the adjacent roadway.

6. Loading space will not be construed as supplying off-street parking space

7. For new construction occurring after the date of the adoption of this

Ordinance, truck loading and receiving areas may not be on the front side

of a building facing the street (this does not include truck entrances).

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SECTION 12: SIGNS

Subdivision 1: FINDINGS

The City Council hereby finds as follows:

A. Exterior signs have a substantial impact on the character and quality of

the environment.

B. Signs provide an important medium through which individuals may convey

a variety of messages.

C. Signs can create traffic hazards, aesthetic concerns and detriments to

property values, thereby threatening the public health, safety and welfare.

D. The city's zoning regulations, and those of its predecessor entities, have

historically included the regulation of signs in an effort to provide adequate

means of expression and to promote the economic viability of the

business community, while protecting the City and its citizens from a

proliferation of signs of a type, size, location and character that would

adversely impact upon the aesthetics of the community and threaten the

health, safety and welfare of the community. The regulation of the physical

characteristics of signs within the City has had a positive impact on traffic

safety and the appearance of the community.

Subdivision 2: PURPOSE AND INTENT

It is not the purpose or intent of this sign ordinance to regulate the message

displayed on any sign; nor is it the purpose or intent of this ordinance to regulate

any building design or any display not defined as a sign, or any sign which

cannot be viewed from outside a building. The purpose and intent of this

ordinance is to:

A. Regulate the number, location, size, type, illumination and other physical

characteristics of signs within the city in order to promote the public health,

safety and welfare.

B. To establish standards which permit property owners the opportunity to

identify and advertise themselves, goods, or services; to preserve and

protect the value of land, buildings and landscapes and promote the

attractiveness of the community; to ensure that signs in the City are not a

safety hazard to lives and/or property; to eliminate confusion in locating

goods, services and facilities, and to preserve order and to encourage

business to erect permanent signs and discourage temporary and/or

portable signs.

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C. Improve the visual appearance of the City while providing for effective

means of communication, consistent with constitutional guarantees and

the City's goals of public safety and aesthetics.

D. Provide for fair and consistent enforcement of the sign regulations set for

herein under the zoning authority of the City.

Subdivision 3: EFFECT

A sign may be erected, mounted, displayed or maintained in the city if it is in

conformance with the provisions of this ordinance. The effect of this ordinance,

as more specifically set forth herein, is to:

A. Allow a wide variety of sign types in commercial zones, and a more limited

variety of signs in other zones, subject to the standards set forth in this

sign ordinance.

B. Allow certain small, unobtrusive signs incidental to the principal use of a

site in all zones when in compliance with the requirements of this sign

ordinance.

C. Prohibit signs whose location, size, type, illumination or other physical

characteristics negatively affect the environment and where the

communication can be accomplished by means having a lesser impact on

the environment and the public health, safety and welfare.

D. Provide for the enforcement of the provisions of this sign ordinance.

Subdivision 4: SEVERABILITY

If any section, subsection, sentence, clause, or phrase of this Sign Ordinance is

for any reason held to be invalid, such invalidity shall not affect the validity or

enforceability of the remaining portions of this Sign Ordinance. The City Council

hereby declares that it would have adopted the Sign Ordinance in each section,

subsection, sentence, or phrase thereof, irrespective of the fact that any one or

more sections, subsections, sentences, clauses, or phrases be declared invalid.

Subdivision 5: PERMIT REQUIRED

Except when exempted, no sign shall be erected, altered, reconstructed,

maintained or moved in the city without first securing a permit from the city. The

content of the message or speech displayed on the sign shall not be reviewed or

considered in determining whether to approve or deny a sign permit. Application

for a permit shall be in writing addressed to the zoning administrator and shall

contain the following information:

A. Names, addresses and phone numbers of the applicant, owners of the

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sign and lot and the contact person from firm erecting signage;

B. The address and the lot, block and addition at which any signs are to be

erected;

C. The street on which any signs are to front;

D. A complete set of plans showing the necessary elevations, distances,

size, location on lot and/or on building, all existing signage on the

premises and details to fully and clearly represent the proposed sign

request;

E. Photographs of existing topography and any existing signage in the

vicinity;

F. A photo quality color rendering of all proposed signage showing its

dimensions and describing materials, lettering, colors, illumination and

support structure;

G. The cost of the sign;

H. Type of sign (i.e. wall sign, monument sign, etc.);

I. Certification by applicant indicating the application complies with all

requirements of the sign ordinance;

J. If the proposed sign is along state trunk highway or interstate highway, the

application shall be accompanied by proof that the applicant has obtained

a permit from the state for the sign;

K. Underwriter Laboratories label, if an electrical sign;

L. If requested, engineering data showing the structure is designed to

accommodate dead load and wind pressure, in any direction; and

The zoning administrator shall approve or deny the sign permit in an expedited

manner no more than 60 days from the receipt of the complete application,

including applicable fee. All permits not approved or denied within 60 days shall

be deemed approved. If the permit is denied, the issuing authority shall prepare a

written notice of denial within 10 days its decision, describing the applicant's

appeal rights, and send it by certified mail, return receipt requested, to the

applicant.

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Subdivision 6: FEES

Sign permit fees are set by council resolution or ordinance each year, or as often

as the City Council determines is necessary. Where work for which a permit is

required by this Ordinance is started or proceeded with prior to obtaining a

permit, the fee as provided by the City Council shall be doubled. Payment of

such double fee shall neither relieve any persons from fully complying with the

requirements of this Ordinance in the execution of the work nor from any other

penalties prescribed herein. The City may assign a fee per sign for persons

wishing to retrieve signs removed by City personnel as identified in the fee

schedule. The City may also charge the costs of removal to the individual or

enterprise responsible or property owner.

Subdivision 7: EXEMPTIONS

The following signs shall not require a permit. These exemptions, however, shall

not be construed as relieving the owner of the sign from the responsibility of its

erection and maintenance, and its compliance with the provisions of this

ordinance or any other law or ordinance regulating the same, including size, area

and location restrictions.

A. The changing of the display surface on a painted or printed sign only. This

exemption, however, shall apply only to poster replacement and/or on-site

changes involving sign painting elsewhere than directly on a building.

B. One sign up to sixteen (16) square feet in size per lot.

C. Governmental signs, including but not limited to, traffic control and other

regulatory purpose signs, street signs, informational signs, danger signs,

and railroad crossing signs.

D. Any public sign (directional, safety, danger, trespassing, traffic, warning or

public information) whose primary purpose is to communicate community

events erected by, or on the order of, a duly constituted public office of

City, County, State or Federal governments in pursuance of their public

duties and provided signs are erected by or on order of a public officer or

employee in the performance of official duty.

E. Memorial signs or tablets, names of buildings and date of erection, when

cut into any masonry surface or when constructed of bronze or other

incombustible material.

F. Window signs, provided that no more than half of an individual window is

covered with signs or painting.

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G. Flags of the United States, the state, the City, foreign nations having

diplomatic relations with the United States, and any other flag adopted or

sanctioned by an elected legislative body of competent jurisdiction,

provided that such a flag shall not exceed 60 square feet in area and shall

not be flown from a pole more than 40 feet in length. These flags must be

flown in accordance with protocol established by the Congress of the

United States for the Stars and Stripes. Any flag not meeting any one or

more of these conditions shall be considered a banner sign and shall be

subject to regulations as such.

H. Decorative lighting meeting this entire Ordinance’s other requirements.

Unless otherwise noted, no such sign shall be placed on fences, trees or other

vegetation, public street/traffic signs, utility poles or City/public property. Signs in

violation of this Subdivision may be removed by City personnel at their discretion,

without advance notice to the sign owner.

Subdivision 8: TEMPORARY OR PORTABLE SIGNS

Portable, off-premises signs, and signs otherwise allowed, may secure a

temporary sign permit by meeting the following requirements:

A. Sign will only be displayed for one (1) week or less, the sign has not been

previously displayed in the City during the past three (3) months, and the

lot has not received three (3) or more temporary permits within the past

twelve (12) months.

B. Signs shall not exceed thirty-two (32) square feet.

C. With the temporary sign, the lot or premises will not exceed the maximum

aggregate sign area allowed.

D. Signs shall be affixed to a structure in a weather resistant (wind, rain,

snow, etc.) manner. Signs which do not remain affixed shall be

immediately removed or re-secured.

E. Signs shall maintain a ten (10) foot setback from all property lines and be

located on private property.

F. There shall be no more than two (2) temporary signs per lot at any one time.

G. Sign must be removed by the expiration date of the permit.

The Zoning/City Administrator may waive those application requirements of

Subdivision 6 not applicable for a temporary or portable sign. The Zoning/City

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Administrator or his/her designee may remove any temporary sign for failure to

comply with any of these provisions without notice to the sign owner.

Subdivision 9: GENERAL REQUIREMENTS

A. Extension from Building. Except as specifically provided herein, no signs

shall be erected or maintained at any angle to a building or structure which

sign extends or projects over the sidewalk, street or highway. No sign

which is erected or maintained flat against any building or structure shall

extend or project more than fifteen inches over the sidewalk, street or

highway. The provisions of this subsection do not prohibit the erection

and maintenance of awning, canopy or marquee signs, pursuant to

Subdivision 13.

B. Height. The top of a sign, including its superstructure, if any, shall be no

higher than the roof of the building to which such sign may be attached or

22 feet, whichever height is less. Freestanding Signs, including any

superstructure, shall not exceed an overall height of 22 feet, and shall be

located on land in an area which is landscaped or if such land is part of an

approved parking area, it shall be surfaced or paved as required in the

zoning code. In addition to other applicable regulations of this Ordinance,

no freestanding sign shall exceed fifteen (15) feet in height at the base of

the sign.

C. Electronic Variable Message Signs. The preferred sign type relating to the

electronic message sign is a monument type. If the EVM is displayed in a

pylon sign type said sign shall include a landscaped base wherein planter

boxes, shrubs, flowers, etc. are preferred. Electronic message signs may

be allowed under applicable provisions of this Ordinance provided that:

1. The message does not change more than once in Six (6) seconds,

excluding time and temperature;

2. The sign shall be at least fifty (50) feet from any residential district

or use;

3. The variable message sign shall not exceed twenty-five (25)

percent of the maximum allowable aggregate sign area for the use

to which it pertains;

4. The following modes of displaying the message shall be permitted,

all other modes are prohibited:

a. Fade in/fade out

b. Left to right or right to left

c. Top to bottom or bottom to top

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5. Modes which cause the message to flash are prohibited;

6. The sign may only be used to promote activities, products, or

services pertaining to the subject property; time and temperature;

or other public service oriented messages;

7. Landscaping shall be provided around the base of the monument

sign.

D. Number of sign facings. A Sign may not contain more than two (2)

surface facings or areas facing the public right-of-way.

E. Notwithstanding any other provision of this ordinance, no sign shall

exceed 250 square feet in area.

Subdivision 10: CONSTRUCTION STANDARDS

All signs shall be designed, constructed and maintained in accordance with the

following standards:

A. Signs shall be consistent and harmonious with the architectural style of

the subject and surrounding properties.

B. The size and style of graphics, its scale, proportion, design, material and

texture as well as the size and style of the letter shall relate to the building

to which it refers and/or is attached and with the property and with the

district that surrounds it.

C. The architecture of the building should allow for specific locations for signs

and signage should be limited to those areas.

D. Signs should be an integral part of the design of storefront alterations and

new constructions. Signs should not obscure architectural elements of

structures.

E. The design and alignment of signs on multiple use buildings shall be

coordinated so as to achieve a unified appearance.

F. All signs shall comply with applicable provisions of any applicable Building

Code and Electrical Code. Freestanding signs are considered structures

and shall meet requirements of the Building Code, including inspection by

the Building Inspector.

G. Unless otherwise noted all signs shall be constructed of permanent

materials and shall be permanently attached. Signs constructed with high-

quality, natural materials such as stone, glass, wood, brick and similar

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materials are preferred.

H. Unless stated otherwise in this ordinance, permanent signs shall be

setback at least ten (10) feet from all property lines. The City may require

a greater setback because of public safety reasons that may include, but

not be limited to, the following concerns: vehicle sight-distances, distance

from an intersection, or function of the adjoining right-of-way.

I. All signs shall contain current information. Outdated signs or signs

outdated with information shall be removed by the property owner.

J. Painting, repainting, cleaning, and normal maintenance and repair of a

sign or sign structure is required to protect the sign and prevent its

deterioration and maintain its neat appearance. Such maintenance is

allowed without permit unless a structural change is made.

K. All signs shall be maintained in good condition and areas within six (6) feet

around the sign shall be kept free from debris, high weeds and from

anything else that would constitute a nuisance.

L. Electrical signs may not be powered by overhead wiring.

Subdivision 11: UNAUTHORIZED SIGNS

The following signs are unauthorized signs and are prohibited by this Section:

A. Any sign, signal, marking or device which purports to be or is an imitation

of or resembles any official traffic control device or railroad sign or signal,

or emergency vehicle signal.

B. Off-premise signs, except as provided in Subdivision 9.

C. Signs in Public Right-of-Way. Signs erected or temporarily placed within

any street right-of-way or upon public lands or easements or other public

right-of-ways (except for governmental Signs) except as this Section

specifically provides or the City Council approves. The City may grant a

permit to locate Signs or decorations on, over or within the right-of-way for

a specified period of time in its discretion.

D. Signs Obstructing Ingress or Egress. A Sign or Sign structure erected or

maintained that prevents free ingress or egress from any door, window,

fire escape, stairway or other opening.

E. Fire Escapes. A Sign or Sign structure attached to a standpipe or fire

escape.

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F. Abandoned Signs. Such signs shall be removed within thirty (30) days

after written notice from the City.

G. Traffic Obstruction. Any Sign that obstructs the vision of drivers or

pedestrians or detracts from the visibility of any official traffic control

device.

H. Flashing Signs. Any Sign displaying any moving parts, illuminated with

any flashing or intermittent lights, or any animated Sign, except Electronic

Variable Message Signs in B-1 Central Business and B-2 General

Business Districts.

I. Roof Mounted Signs. Signs erected, constructed or attached wholly or in

part upon or over a building’s roof, including without limitation Signs that

project over the building’s eave line.

J. Temporary/Portable Signs. Except as permitted by a temporary sign

permit.

K. Signs on Rocks, Trees or Fences. Signs painted, attached or in any other

manner affixed to trees, rocks, or similar natural surfaces, or attached to

public utility poles, bridges, towers, or similar public structures.

L. Power Line Obstruction. Signs that will interfere with any electric light,

power, telephone wires or their supports.

M. Signs supported by guy wires.

N. Hot air or gas-filled balloons;

O. Bench signs or signs affixed to amenities such as trash receptacles etc.

P. Illuminated signs in which light is directed onto adjacent property or public

streets. This includes search lights and beacons, and all methods of

attracting attention by directing light radiation away from a sign surface.

Q. Any sign which becomes structurally unsafe or endangers the safety of a

building or premises or endangers the public safety, must be taken down

and removed by the owner, agent, or person having the beneficial use of

the building, structure or land upon which the sign is located.

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Subdivision 12: CANOPIES, MARQUEES AND FIXED AWNINGS

Canopies, marquees and fixed awnings are an integral part of the structure to

which they are attached. They are allowed in the Business Districts if they meet

following requirements and the applicable square footage requirements:

A. An awning, canopy or marquee may not project into the public right-of-way

more than six (6) feet over a public sidewalk;

B. Awnings, canopies or marquees may have no part of the structure other

than supports nearer the ground surface than eight (8) feet above the

ground and not impeding pedestrians’ free and complete use of the

sidewalk;

C. The architectural style of the awning, canopy or marquee shall be

consistent with the building being served;

D. Awnings, canopies or marquees built over the public right-of-way must be

included in a liability insurance policy holding the city free of all

responsibility.

E. Awnings and Canopies Signs. One (1) awning and one (1) canopy sign

per tenant or occupant, provided:

1. The gross surface of an awning or canopy sign may not exceed

50% of the gross surface area of the smallest face of the awning or

canopy to which the sign is to be affixed.

2. The sign may not project higher than the top of the awning or

canopy or below the awning or canopy.

3. Canopy and awning signage area shall be included in the

calculation for determining the total aggregate signage area

permitted on a property.

4. The awning/canopy sign shall not exceed twenty-five (25) percent

of the maximum allowable aggregate sign area for the use to which

it pertains.

F. Marquee Signs. A building with a marquee may erect a marquee sign,

provided:

1. The sign may not project higher than the top of the marquee or

below the marquee.

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2. Marquee signage area shall be included in the calculation for

determining the total aggregate signage area permitted on a

property.

Subdivision 13: SIGN STANDARDS FOR SINGLE- AND TWO-FAMILY

RESIDENTIAL DISTRICTS (R-1/R-2)

Except as provided in Section 12, all signs must comply with the requirements of

the underlying zoning district.

A. Permitted signage. Except as included below, all sign types are

prohibited. No signs may have moving parts, rotate, be illuminated,

shimmer or otherwise reflect or direct light. The following sign types are

permitted:

1. Freestanding signs (including monument and pole/pylon),

2. Wall signs, and

3. Window signs.

B. Maximum sign area. No sign or combinations thereof may exceed sixteen

(16) square feet of aggregate sign area per lot.

C. Maximum height. No sign may have a height greater than eight (8) feet.

D. Minimum setback. Signs shall maintain a ten (10) foot setback from all

property lines and be located on private property.

Subdivision 14: SIGN STANDARDS FOR MULTI-FAMILY DISTRICTS (R-3)

Except as provided in Section 12, all signs must comply with the requirements of

the underlying zoning district.

A. Permitted signage. Except as included below, all sign types are prohibited.

The following sign types are permitted:

1. Monument signs.

B. Maximum sign area.

1. Maximum aggregate area for lot. No more than sixty-four (64)

square feet per apartment complex or one monument sign per

vehicle entrance, whichever is greater.

2. Maximum sign area of Monument Signs. No more than thirty-two

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(32) square feet.

C. Maximum height of freestanding signs. No more than eight (8) feet.

D. Minimum setback. Signs shall maintain a ten (10) foot setback from all

property lines and be located on private property.

E. Other. Signage shall compliment exterior finish of principal structure on

the lot and blend into the neighborhood. Landscaping around monument

sign is required.

Subdivision 15: SIGN STANDARDS FOR CENTRAL BUSINESS DISTRICT (B-1)

Except as provided in Section 12, all signs must comply with the requirements of

the underlying zoning district.

A. Permitted signage. Except as included below, all sign types are prohibited.

The following sign types are permitted:

1. One Monument sign,

2. Wall signs,

3. One Projecting sign,

4. Window signs,

5. Awning and canopy signs, and

6. Sandwich board signs.

B. Maximum sign area.

1. Maximum aggregate area for lot.

a. Single entity occupant property – One (1) square foot per

lineal front foot or ten percent (10%) of front facade,

whichever is greater.

b. Multiple entity occupant property – One (1) square foot per

lineal front foot or fifteen (15%) of front façade, whichever is

greater.

2. Maximum sign area of Window Signs. Not to exceed fifty percent

(50%) of the window area.

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C. Maximum height of freestanding signs. No more than eight (8) feet.

D. Minimum setback. Signs shall comply with the setback requirements of

Section 20, except that side yard setbacks shall be ten (10) feet.

E. Design Standards for B-1 Central Business District. The following

standards pertain to signs within the B-1 Central Business District and are

in addition to other standards contained herein:

1. The City finds that the unique character, aesthetics and history of

the Downtown and Central Business District are valid public

resources to preserve, and wishes to balance the needs of property

owners and the maintenance of this valuable aesthetic and

historical quality, to minimize visual confusion, clutter and

distraction and guarantee a well-planned design for the City’s

traditional business district.

2. Signs shall be architecturally compatible with the style,

composition, materials, colors and details of the building to which it

relates and other signs on other buildings within the B-1 District.

3. Signage should be simple and while advertising the use of the

structure, the signage should not overshadow or dominate the

character of the structure.

4. If a sign is illuminated, the illumination must be directed toward and

limited to the sign’s surface. The light source may not shine upon

any part of a residence or roadway or in any way distract or

obstruct traffic. All displays must be shielded to prevent any light to

be directed at oncoming traffic in such brilliance as to impair any

driver’s vision. No device may be illuminated to interfere with or

obscure indoor signs that are visible from public streets. Illuminated

signs may not give off any intermittent, rotating, concentrated or

direction beam, or flashing light of any kind. Signs capable of being

lit in the evening must limit the view of such lights from motorists

and pedestrians.

5. The overall design of all signage including the mounting framework

shall relate to the design of the principal building on the property.

For buildings without a recognizable style, the sign shall adopt the

decorative features of the building, utilizing the same materials and

colors.

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6. Projecting signs are limited to areas directly adjacent to Broadway

Street and must comply with the following:

a. The projecting sign does not extend beyond the first floor of

the building.

b. No less than ten feet of clearance is provided between the

highest point of the sidewalk and the lowest point of the

projecting sign.

c. Cumulative projecting sign area is not greater than twelve

square feet and maximum sign width not greater than three

feet.

d. Maximum distance between a projecting sign and the

building face doesn’t exceed one foot.

7. Sandwich Board Signs are limited to areas directly adjacent to

Broadway Street and must comply with the following:

a. No more than one sandwich board sign per business shall

be allowed.

b. The sandwich board sign does not exceed 36” in height or

30” in width.

c. The sign is displayed only during store hours.

d. The sign does not require any form of electricity or display

lights or moving parts.

e. That such signs do not block driveways, entryways or

pedestrian accesses, do not significantly occlude the

sidewalk and/or do not impact sightlines/view at street

intersections.

f. The sign is made of superior quality, weather/wind resistant

materials.

g. The sign is not affixed to the sidewalk, other signage or

temporary or permanent structure.

h. A valid sign permit is secured from the zoning/city

administrator and/or his/her designee.

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i. The sign owner provides proof of liability insurance listing the

City as an additional insured and holding the City harmless.

Subdivision 16: SIGN STANDARDS FOR GENERAL BUSINESS DISTRICT (B-2)

Except as provided in Section 12, all signs must comply with the requirements of

the underlying zoning district.

A. Permitted signage. Except as included below, all sign types are prohibited.

The following sign types are permitted:

1. One Freestanding sign per lot, except Interstate 94 corridor two (2)

freestanding per lot no closer than Five hundred (500) and

2. Wall signs.

B. Maximum sign area.

1. Maximum aggregate area for lot.

a. Single entity occupant property – Two (2) square foot per

lineal front foot.

b. Multiple entity occupant property – Two and a half (2.5)

square feet per lineal front foot.

2. Maximum sign area of Wall signs. Not to exceed fifteen percent

(15%) of the area of the façade to which it is affixed.

3. Maximum sign area of Freestanding signs.

a. If abutting Trunk Highway 23 – Three hundred (300) square

feet.

b. If abutting other arterial or collector street – One hundred-

twenty-five (125) square feet.

c. If abutting local street – One hundred (100) square feet.

d. Interstate 94 corridor Eight hundred (800) square feet

C. Maximum height of freestanding signs.

1. If abutting Trunk Highway 23 – Thirty (30) feet .

2. If abutting other arterial or collector street – Twenty (20) feet.

3. If abutting local street – Eighteen (18) feet.

4. Interstate 94 corridor Eight-five (85) feet.

D. Minimum setback. Signs shall maintain a ten (10) foot setback from all

property lines and be located on private property.

E. Design Standards for Properties with Highway/Freeway Visibility. The

following standards pertain to signs within the B-2 General Business

District which are visible from T.H. 23. These standards are in addition to

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other standards contained herein.

1. The City wishes to balance the need to direct persons and provide

commercial/industrial establishments with opportunities for the

employment of useful signage; and, to minimize visual confusion,

clutter and distraction within commercial and business park

districts. The standards contained in this subdivision relate to signs

on parcels adjacent to or visible from principal arterials, minor

arterials and collector streets.

2. Signs shall employ superior-quality, permanent materials. Natural

materials such as wood, brick, stone, glass, etc are highly

encouraged.

3. Signs shall be architecturally compatible with the style,

composition, materials, color and details of the building to which it

relates and other structures within the applicable zoning

classification.

4. Signage should be simple and non-obtrusive and, while advertising

the use of the structure it should not overshadow or dominate the

character of the structure.

5. The use of natural color palettes in freestanding signage is highly

desired.

6. All freestanding signs shall employ landscaping that is aesthetically

pleasing and complimentary to the quality of uses within the area.

Subdivision 17: SIGN STANDARDS FOR INDUSTRIAL DISTRICTS (I-1/I-2)

Except as provided in Section 12, all signs must comply with the requirements of

the underlying zoning district.

A. Permitted signage. Except as included below, all sign types are prohibited.

The following sign types are permitted:

1. One Freestanding sign per lot, except Interstate 94 corridor two (2)

freestanding per lot no closer than Five hundred (500) feet, and

2. Wall signs,

B. Maximum sign area.

1. Maximum aggregate area for lot.

a. Single entity occupant property – Two (2) square foot per

lineal front foot.

b. Multiple entity occupant property – Two and half (2.5) square

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feet per lineal front foot.

2. Maximum sign area of Wall Signs. Not to exceed fifteen percent

(15%) of the area of the façade to which it is affixed.

3. Maximum sign area of Freestanding signs.

a. If abutting Trunk Highway 23 – Three hundred (300) square

feet.

b. If abutting other arterial or collector street – One hundred

twenty-five (125) square feet.

c. If abutting local street – One hundred (100) square feet.

d. Interstate 94 corridor Eight hundred (800) square feet.

C. Maximum height of freestanding signs.

1. If abutting Trunk Highway 23 – Thirty (30) feet.

2. If abutting other arterial or collector street – Twenty (20) feet.

3. If abutting local street – Eighteen (18) feet.

4. Interstate 94 corridor Eighty-five (85) feet.

D. Minimum setback. Signs shall maintain a ten (10) foot setback from all

property lines and be located on private property.

E. Design Standards for Properties with Highway/Freeway Visibility. The

following standards pertain to signs within the Industrial District which are

visible from T.H. 23. These standards are in addition to other standards

contained herein.

1. The City wishes to balance the need to direct persons and provide

commercial/industrial establishments with opportunities for the

employment of useful signage; and, to minimize visual confusion,

clutter and distraction within commercial and business park

districts. The standards contained in this subdivision relate to signs

on parcels adjacent to or visible from principal arterials, minor

arterials and collector streets.

2. Signs shall employ superior-quality, permanent materials. Natural

materials such as wood, brick, stone, glass, etc are highly

encouraged.

3. Signs shall be architecturally compatible with the style,

composition, materials, color and details of the building to which it

relates and other structures within the applicable zoning

classification.

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4. Signage should be simple and non-obtrusive and, while advertising

the use of the structure it should not overshadow or dominate the

character of the structure.

5. The use of natural color palettes in freestanding signage is highly

desired.

6. All freestanding signs shall employ landscaping that is aesthetically

pleasing and complimentary to the quality of uses within the area.

Subdivision 18: MASTER SIGNAGE PLAN REQUIRED

A. A master signage plan shall be included in any non-residential

development plan, site or plot plan and/or non-residential planned unit

development with more than one individual business or tenant. No permit

shall be issued for an individual sign requiring a permit in a commercial

and/or industrial zoning district where more than one business or industry

will be located until a master signage plan has been approved by the City.

B. The owner/agent shall submit a master signage plan containing the

following information:

1. A scaled site plan showing location of buildings, parking lots,

driveways and landscaped areas and an accurate indication on the

site plan of the proposed location of present and future signs of any

type, whether requiring a permit or not.

2. Scaled color drawings clearly showing location of sign on building

elevation.

3. Computation of the maximum total sign area, the maximum area for

individual signs and the height of signs.

C. The maximum numbers of signs affixed to a building by each business

within the building shall be controlled by the master signage plan.

D. Other provisions of the plan may contain such other restrictions as the

owner of the development or building may reasonably determine.

E. The plan shall be signed by all owners or their authorized agents in such

form as required by the City or as a part of applicable and active restrictive

covenants.

F. A master signage plan may be amended by filing administratively a new

master signage plan that conforms to all requirements of this Ordinance.

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G. After approval of a master signage plan, no sign shall be erected, placed,

painted or maintained, except in conformance with approved master

signage plan and such plan may be enforced in the same way as

provisions of this Ordinance. In case of any conflict between the

provisions of such a plan and this code, the code

shall govern.

Subdivision 19: NON-CONFORMING SIGNS: COMPLIANCE

It is recognized that signs exist within the zoning districts which were lawful

before this sign ordinance was enacted, but will be prohibited under the terms of

this section. It is the intent of this sign ordinance that nonconforming signs shall

not be enlarged upon or expanded, nor be used as grounds for adding other

signs or uses prohibited elsewhere in the same district. It is further the intent of

this sign ordinance to permit legal nonconforming signs existing on the effective

date of this sign ordinance to continue as legal nonconforming signs provided

such signs are safe, are maintained so as not to be unsightly, and have not been

abandoned or removed subject to the following provisions:

A. No sign shall be enlarged or altered in a way which increases its

nonconformity.

B. If the use of the nonconforming sign or sign structure is discontinued for a

period of one year, the sign or sign structure shall not be reconstructed or

used except in conformity with the provisions of this ordinance.

C. Should such nonconforming sign or sign structure be damaged or

structure be destroyed by any means to an extent greater than fifty (50)

percent of its market value and all required permits for its reconstruction

have not been applied for within 180 days of when the sign or sign

structure was damaged, it shall not be reconstructed or used except in

conformity with the provisions of this ordinance.

D. Should such sign or sign structure be moved for any reason for any

distance whatsoever, it shall thereafter conform to the regulations for the

zoning district in which it is located after it is moved.

E. No existing sign devoted to a use not permitted by the zoning code in the

zoning district in which it is located shall be enlarged, expanded or moved

except in changing the sign to a sign permitted in the zoning district in

which is it located.

F. When a building loses its nonconforming status all signs devoted to the

structure shall be removed and all signs painted directly on the structure

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shall be repainted in a neutral color or a color which will harmonize with

the structure.

The provisions of this subdivision are in addition to the definitions set forth in

Section 14, which shall apply, except that in the event of a conflict, the provisions

in this paragraph shall apply.

Subdivision 20: VIOLATIONS

Violation of this section is a violation as a misdemeanor, and enforced under

Section 31. Each day that the violation continues is a separate offense.

Subdivision 21: NON-COMMERCIAL SPEECH

Notwithstanding any other provisions of this sign ordinance, all signs of any size

containing Non-Commercial Speech may be posted from August 1 in any general

election year until ten (10) days following the general election and thirteen (13)

weeks prior to any special election until ten (10) days following the special

election. These signs shall be subject to any applicable restrictions on

campaigning in and around polling places.

Subdivision 22: SUBSTITUTION CLAUSE

The owner of any sign which is otherwise allowed by this sign ordinance may

substitute non-commercial speech in lieu of any other commercial speech or non-

commercial speech. This substitution of copy may be made without any

additional approval or permitting. The purpose of this provision is to prevent any

inadvertent favoring of commercial speech over non-commercial speech, or

favoring of any particular non-commercial speech over any other non-commercial

speech. This provision prevails over any more specific provision to the contrary.

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SECTION 13: TOWERS

Subdivision 1: PURPOSE AND INTENT

To accommodate the communication needs of residents and business while

protecting public health, safety, and general welfare, the City finds that these

regulations are necessary to:

1. Facilitate wireless telecommunication services to City residents and

businesses;

2. Minimize adverse visual effects of Towers through careful design and

siting standards;

3. Avoid potential damage to adjacent properties from Tower failure through

structural standards and setback requirements; and

4. Maximize the use of existing and approved Towers and buildings to

accommodate new wireless telecommunication antennas to reduce the

number of Towers needed to serve the community.

Subdivision 2: CO-LOCATION REQUIREMENTS

All Commercial Wireless Telecommunication Towers erected, constructed, or

located within the City must comply with the following requirements:

1. The City Council will not approve a new Commercial Wireless

Telecommunication Service Tower unless it finds that the

telecommunications equipment planned for the proposed Tower cannot be

accommodated on an existing or approved Tower or building within a one

(1) mile search radius (one half (2) mile search radius for towers one

hundred twenty (120) feet or less in height and one quarter (1/4) mile

search radius for towers eighty (80) feet or less in height) of the proposed

Tower due to one (1) or more of the following reasons:

A. The planned equipment would exceed the structural capacity of the

existing or approved Tower or building, as documented by a qualified

and licensed professional engineer, and the existing or approved

Tower cannot be reinforced, modified, or replaced to accommodate

planned or equivalent equipment at a reasonable cost.

B. The planned equipment would cause interference materially

impacting the usability of other existing or planned equipment at the

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Tower or building as documented by a qualified and licensed

professional engineer, and the interference cannot be prevented at a

reasonable cost.

C. Existing or approved Towers and buildings within the search radius

cannot accommodate the planned equipment at a height necessary

to function reasonably as documented by a qualified and licensed

professional engineer.

D. Other unforeseen reasons that make it not feasible to locate the

planned telecommunications equipment upon an existing or

approved Tower or building.

E. The proposer must establish their case to the City Council by

providing clear easy to interpret evidence.

2. Any proposed Commercial Wireless Telecommunication Service Tower

which is over one hundred (100) feet in height must be designed,

structurally, electrically, and in all other respects, to accommodate both

the applicant’s antennas and comparable antennas, for at least two (2)

additional users.

3. Towers must be designed to allow for future rearrangement of Antennas

upon the Tower and to accept Antennas mounted at varying heights.

Subdivision 3: TOWER CONSTRUCTION REQUIREMENTS

All Towers and Antennas erected, constructed, or located within the City, and all

wiring, must comply with the requirements of the City Building Code, State

Electrical Code and any other applicable codes or regulations.

Subdivision 4: TOWER AND ANTENNA DESIGN REQUIREMENTS

Proposed or modified Towers and Antennas must meet the following design

requirements:

1. Appearance. Towers and Antennas must be designed to blend into the

surrounding environment through the use of color and camouflaging

architectural treatment, except in instances where the color is dictated by

federal or state authorities such as the Federal Aviation Administration.

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2. Monopole Design. Commercial Wireless Telecommunication Service

Towers must be of a monopole design unless the City Council determines

that an alternative design would better blend in to the surrounding

environment or better accommodate multiple use of the Tower.

Subdivision 5: TOWER SETBACKS

Notwithstanding anything to the contrary in the regulations applicable to a

specific zoning district, Towers must conform with each of the following minimum

setback requirements:

1. Underlying Zoning District Setbacks. Unless this Section specifies

otherwise, Towers must meet the setbacks of the applicable underlying

zoning district.

2. Residential Property. In all non-residential zones, at a minimum, all

Towers shall be set back from residentially zoned property and all

structures (except structures accessory to Towers) a minimum of one

hundred fifty percent (150%) of the Tower’s height.

3. Public Right-of-Way. Towers must be set back from existing or planned

public rights of way by a minimum distance equal to one half (1/2) of the

Tower’s height including all Antennas and attachments. No part of any

Tower, Antenna, support structure, lines, cables, equipment, wires or

braces must extend across or over any part of a public right-of-way, public

street, highway or sidewalk.

4. Between Principal Structures and Streets. Towers may not be located

between a principal structure and a public street, with the following

exceptions:

A. In industrial zoning districts, Towers may be placed within a side

yard abutting an internal industrial street.

B. On sites with adjacent public streets on all sides, Towers may be

placed within a side yard abutting a local street.

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5. Variance. A Tower’s setback may be reduced or its location in relation to

a public street varied, at the City Council’s sole discretion, to allow a

Tower’s integration into an existing or proposed structure such as a

church steeple, light standard, power line support device, or similar

structure.

Subdivision 6: TOWER HEIGHT

Height Determination. A Tower’s height must be determined by

measuring the vertical distance from the Tower’s point of contact with the

ground to the Tower’s highest point, including all Antennas or other

attachments, and if the Tower is mounted upon another structure, the

height of that structure plus the vertical distance from the Tower’s point of

contact with the structure must be added together to determine the

Tower’s height.

2. Height Restrictions. Notwithstanding anything to the contrary in the

regulations applicable to a specific zoning district, Towers are subject to

the following height restrictions:

A. In all residential districts, a Tower’s maximum height is thirty-five

(35) feet.

B. In all non-residential districts, a Tower’s maximum height shall be

one hundred-fifty (150) feet, except that in the Ag-40 districts a

Tower may not exceed a maximum height of one hundred

ninety-nine (199) feet.

Subdivision 7: TOWER LIGHTING

Towers may not be illuminated by artificial means and may not display strobe

lights unless the lighting is specifically required by the Federal Aviation

Administration or other federal or state authority for a particular Tower or

otherwise approved by the City Council. When incorporated into the Tower’s

approved design, light fixtures used to illuminate ball fields, parking lots, or

similar areas may be attached to the Tower.

Subdivision 8: SIGNS AND ADVERTISING

The use of any portion of a Tower for signs other than warning or equipment

information signs are prohibited.

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Subdivision 9: ACCESSORY UTILITY BUILDINGS

All utility buildings and structures accessory to a Tower must be architecturally

designed to blend in with the surrounding environment and must meet the

minimum setback requirements and all other requirements of the underlying

zoning district in which the building is located. Ground mounted equipment must

be screened from view by suitable vegetation, except where a design of non-

vegetative screening better reflects and compliments the architectural character

of the surrounding neighborhood.

Subdivision 10: FENCING

All Commercial Towers and accessory buildings must be enclosed with an

aesthetically acceptable fence between eight (8) and ten (10) feet in height with a

locked gate to prevent unauthorized entry.

Subdivision 11: LANDSCAPING AND SCREENING

As a condition to approving a Commercial Tower, the City Council will establish

reasonable requirements relating to landscaping and screening to improve the

aesthetic appearance of the Tower’s base and accessory buildings. Existing on-

site vegetation should be preserved to the maximum extent possible.

Subdivision 12: MINIMUM SPACING

Commercial Tower locations must be at least one-fourth (1/4) mile apart.

Antennas wholly contained within a building or other structure and not visible to

the general public are exempt from this spacing regulation as determined by the

City Council.

Subdivision 13: LICENSES

All proposals to erect any new Tower must be accompanied by all required

federal, state or local agency licenses or proof of application for them.

Subdivision 14: ABANDONED OR UNUSED TOWERS

Abandoned or unused Towers or portions of Towers must be removed as

follows:

1. All abandoned or unused Towers and associated facilities must be

removed within twelve (12) months after the cessation of operations at the

site unless the City Council approves a time extension. If a Tower is not

removed within twelve (12) months after the cessation of operations at a

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site, the City may remove the Tower and associated facilities and assess

the removal costs against the property.

2. Unused portions of Towers above a manufactured connection must be

removed within six (6) months of the time of Antenna relocation. The

replacement of portions of a Tower previously removed requires the

issuance of a new conditional use permit.

Subdivision 15: ANTENNAS MOUNTED ON ROOFS, WALLS AND EXISTING TOWERS

The City Council may approve the placement of wireless telecommunication

Antennas on roofs, walls, and existing Towers if the Antennas meet this

Ordinance’s requirements and after submittal of: 1) a final site and building plan;

and 2) a report prepared by a qualified and licensed professional engineer

indicating the existing structure or Tower’s suitability to accept the Antenna and

the proposed method of affixing the Antenna to the structure. The report must

indicate complete details of all fixtures and couplings and the precise point of

attachment.

Subdivision 16: INTERFERENCE WITH PUBLIC SAFETY TELECOMMUNICATIONS

No new or existing telecommunications service may interfere with public safety

telecommunications. All applications for new service must be accompanied by

an intermodulation study which provides a technical evaluation of existing and

proposed transmissions and indicates all potential interference problems. Before

the introduction of new service or changes in existing service, telecommunication

providers must notify the City at least ten (10) calendar days in advance of such

changes and allow the City to monitor interference levels during the testing

process.

Subdivision 17: ADDITIONAL SUBMITTAL REQUIREMENTS

In addition to the information required elsewhere in this Ordinance, all

applications to construct Towers must include the following supplemental

information:

1. A report from a qualified and licensed professional engineer which does

the following:

A. Describes the Tower height and design including a cross section

and elevation;

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B. Documents the height above grade for all potential mounting

positions for co-located Antennas and the minimum separation

distances between Antennas;

C. Describes the Tower’s capacity, including the number and type of

Antennas that it can accommodate;

D. Documents what steps the applicant will take to avoid interference

with established public safety telecommunications;

E. Includes an engineer’s stamp and registration number; and

F. Includes other information necessary to evaluate the request.

2. For all Commercial Wireless Telecommunication Service Towers, a letter

of intent committing the Tower owner and his or her successors to allow

the shared use of the Tower if an additional user agrees in writing to meet

reasonable terms and conditions for shared use.

3. Before a site or building permit may be issued, the following supplemental

information must be submitted:

A. Proof that the proposed Tower complies with regulations

administered by Federal Aviation Administration; and

B. A report from a qualified and licensed professional engineer which

demonstrates the Tower’s compliance with the applicable structural

and electrical standards.

4. A site plan showing the boundaries of the property where the Tower is

located, adjacent land uses, the Tower’s location and any Accessory

Buildings within the property, distance of setbacks from property lines for

the Tower and all Accessory Buildings, Fence locations and proposed

landscaping and screening.

Subdivision 18: EXCEPTIONS

This Section’s requirements apply to all structures and developments otherwise

permitted under this Ordinance except:

1. Planned Unit Developments, when approved as a part of a preliminary

and final development plan under this Ordinance.

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2. Public utility structures, including but not limited to water towers, lights and

signals, power and telephone poles, and poles supporting emergency

warning devices.

3. Church sanctuaries, steeples and bell towers.

4. In accordance with the Federal Communications Commission’s

preemptive ruling, Towers erected for the primary purpose of supporting

amateur radio Antennas may exceed thirty (30) feet in height if the City

Council determines that the proposed Tower height is technically

necessary to successfully engage in amateur radio communications.

5. A Tower or Antenna not more than thirty (30) feet in height used for

residential television reception that is used to receive television signals

exclusively for the occupants of the property where the Tower or Antenna

is located.

6. A satellite or microwave dish that is one (1) meter or less in diameter used

to receive signals exclusively for the occupants of the property where the

dish is located.

7. Birdhouses.

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SECTION 13A WIND ENERGY CONVERSION SYSTEMS

Subdivision 1: PURPOSE AND INTENT

The purpose and intent of this chapter is regulate the installation and operation of

Wind Energy Conversion Systems (WECS) within the City not otherwise subject

to siting and oversight by the State of Minnesota under the Minnesota Power

Plant Siting Act (MS 116C.51 – 116C.697).

Subdivision 2: PROCEDURES

Land Use/Building Permits, Conditional Use Permits and Variances shall be

applied for and reviewed under the procedures established in this Ordinance.

1. The application for all WECS shall include the following information:

A. The names of project applicant.

B. The name of the project owner.

C. The legal description and address of the project.

D. A description of the project including: Number, type, name plate

generating capacity, tower height, rotor diameter, and total height of

all wind turbines and means of interconnecting with the electrical

grid.

E. Site layout, including the location of property lines, wind turbines,

electrical wires, interconnection points with the electrical grid, and

all related accessory structures. The site layout shall include

distances and be drawn to scale.

F. Engineer’s certification.

G. Documentation of land ownership or legal control of the property.

2. The application for Commercial WECS shall also include:

A. The latitude and longitude of individual wind turbines.

B. A USGS topographical map, or map with similar data, of the

property and surrounding area, including any other WECS within

ten (10) rotor diameters of the Proposed WECS.

C. Location of all known Communications Towers within one mile of

the proposed WECS.

D. Decommissioning Plan.

E. Description of potential impacts on nearby WECS and wind

resources on adjacent properties.

F. Any additional information as may be requested by the Zoning

Administrator.

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Subdivision 3: AGGREGATED PROJECTS

Aggregated Projects may jointly submit a single application and be reviewed

under joint proceedings, including notices, hearings, reviews and as appropriate

approvals. Permits will be issued and recorded separately. Joint applications will

be assessed fees as one project. Aggregated projects having a combined

capacity equal to or greater than the threshold for State oversight as set forth in

MS Statute 116C.691 through 116C.697 shall be regulated by the State of

Minnesota.

Subdivision 4: DISTRICT REGULATIONS

WECS will be permitted, conditionally permitted or not permitted based on the

generating capacity and land use district as established in the table below:

District Non-

Commercial*

Commercial Meteorological

Tower*

Agriculture Preservation Permitted Conditionally

Permitted

General Agricultural A-

Permitted Conditionally

Permitted

Industrial I-1 & I-2 Conditionally

Permitted

Conditionally

Permitted

Shoreland Residential

Management R1

Not permitted

Unless on 5 Acres

ore

CUP

Not permitted

Unless on 5

Acres or more

CUP

Not permitted

Unless on 5 Acres

or more CUP

Shoreland Resource

Management RM

Conditionally

Permitted

Not Permitted Permitted

Community Residence

R1, R2, R3

Not Permitted

unless on 5 Acres

or more CUP

Not Permitted

unless on 5 acres

or more CUP

Not Permitted

unless on 5 Acres

or more

CUP

Central Business District

B1 & B2

Not Permitted Not Permitted Not Permitted

• Non-Commercial WECS and Meteorological Towers shall require a

Conditional Use Permit if over two hundred (200) feet in height.

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Subdivision 5: SETBACKS WIND TURBINES AND METEROLOGICAL TOWERS

All towers shall adhere to the setbacks established in the following table:

Wind Turbine –

Non- Commercial

WECS

Wind Turbine -

Commercial WECS

Meteorological

Towers

Property lines

The fall zone, as

certified by a

professional

engineer plus 10

feet or 1.1 times the

total height.

The fall zone, as

certified by a

professional

engineer plus 10

feet or 1.1 times the

ota

height.

The fall zone, as

certified by a

professional engineer

plus 10 feet or 1.1

times the total height.

Dwellings* NA 1.5 x Total Height The fall zone, as

certified by a

professional engineer

plus 10 feet or 1.1

times the total height.

Rights-of-Way ** The fall zone, as

certified by a

professional

engineer plus 10

feet or 1.1 times the

total height.

The fall zone, as

certified by a

professional

engineer plus 10

feet or 1.1 times the

total height.

The fall zone, as

certified by a

professional engineer

plus 10 feet or 1 times

the total height.

Public

Conservation

Lands

NA 600 feet 600 feet

Protected

Wetlands, on the

Protected Waters

Inventory Map for

the City

NA 600 feet 600 feet

Other Existing

WECS

NA To be considered

based on:

* The setback for dwellings shall be reciprocal in that no dwelling shall be

constructed within five hundred feet of a commercial wind turbine.

The setback from any non-permitted districts R-1, R-2, B1 & B2 SRM or where a

conditional use permit is needed shall not be less than 500’ from the property

line.

** The setback shall be measured from future rights-of-way if a planned changed or

expanded right-of-way is known.

*** - Relative size of the existing and proposed WECS

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- Alignment of the WECS relative to the predominant winds.

- Topography

- Extent of wake interference impacts on existing WECS.

- Property line setback of existing WECS.

- Other setbacks required.

- Waived for internal setbacks in multiple turbine projects including aggregated

projects.

Subdivision 6: SAFETY DESIGN STANDARDS

1. Engineering Certification – For all WECS, the manufacture’s engineer or

another qualified engineer shall certify that the turbine, foundation and

tower design of the WECS is within accepted professional standards,

given local soil and climate conditions.

2. Clearance – Rotor blades or airfoils must maintain at least thirty-five feet

of clearance between their lowest point and the ground.

3. Warnings:

a. For all Commercial WECS, a sign or signs shall be posted on the

tower, transformer and substation warning of high voltage. Signs

with emergency contact information shall also be posted on the

turbine or at another suitable point.

b. For all guyed towers, visible and reflective objects, such as plastic

sleeves, reflectors or tape, shall be placed on the guy wire anchor

points and along the outer and innermost guy wires up to a height

of eight (8) feet above the ground. Visible fencing shall be installed

around anchor points of guy wires. Consideration shall be given to

painted aviation warnings on metrological towers of less than two

hundred (200) feet.

Subdivision 7: STANDARDS

1. Total Height – Non-Commercial WECS shall have a total height of less

than two hundred (200) feet. Section 27 of this ordinance requires a

conditional use for all structures over two hundred (200) feet in total

height.

2. Tower Configuration – All wind turbines, which are part of a commercial

WECS, shall be installed with a tubular, monopole type tower.

Meteorological towers may be guyed.

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3. Color and Finish – All wind turbines and towers that are part of a

commercial WECS shall be white, grey or another non-obtrusive color.

Blades may be black in order to facilitate deicing. Finishes shall be matt or

non-reflective. Exceptions may be made for metrological towers, where

concerns exist relative to aerial spray applicators.

4. Lighting – Lighting, including lighting intensity and frequency of strobe,

shall adhere to but not exceed requirements established by Federal

Aviation Administration permits and regulations. Red strobe lights are

preferred for night-time illumination to reduce impacts on migrating birds.

Red pulsating incandescent lights should be avoided. Exceptions may be

made for metrological towers, where concerns exist relative to aerial spray

applicators.

5. Other Signage – All signage on site shall comply with Section 12 of this

Ordinance. The manufacturers or owner’s company name and/or logo

may be placed upon the nacelle compartment containing the electrical

generator, of the WECS.

6. Feeder Lines – All communications and feeder lines, equal to or less than

34.5 kV in capacity, installed as part of a WECS shall be buried where

reasonably feasible. Feeder lines installed as part of a WECS shall not be

considered an essential service. This standard applies to all feeder lines

subject to the City of Rockville authority.

7. Waste Disposal – Solid and Hazardous wastes, including but not limited to

crates, packaging materials, damaged or worn parts, as well as used oils

and lubricants, shall be removed from the site promptly and disposed of in

accordance with all applicable local, state and federal regulations.

8. Discontinuation and Decommissioning - A WECS shall be considered a

discontinued use after one (1) year without energy production, unless a

plan is developed and submitted to the City of Rockville Zoning

Administrator outlining the steps and schedule for returning the WECS to

service. All WECS and accessory facilities shall be removed to four (4)

feet below ground level within ninety (90) days of the discontinuation of

use.

Each Commercial WECS shall have a decommissioning plan

outlining the anticipated means and cost of removing WECS at the end of

their serviceable life or upon becoming a discontinued use. The cost

estimates shall be made by a competent party; such as a Professional

Engineer, a contractor capable of decommissioning or a person with

suitable expertise or experience with decommissioning. The plan shall

also identify the financial resources that will be available to pay for the

decommissioning and removal of the WECS and accessory facilities.

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9. Orderly Development – Upon issuance of a conditional use permit, all

Commercial WECS shall notify the Environmental Quality Board Power

Plant Siting Act program Staff of the project location and details on the

survey form specified by the Environmental Quality Board.

Subdivision 8: OTHER APPLICABLE STANDARDS

1. Noise – All WECS shall comply with Minnesota Rules 7030 governing

noise.

2. Electrical Codes and Standards – All WECS and accessory equipment

and facilities shall comply with the National Electrical Code and other

applicable standards.

3. Federal Aviation Administration– All WECS shall comply with FAA

standards and permits.

4. Uniform Building Code – All WECS shall comply with the Uniform Building

Code adopted by the State of Minnesota.

Subdivision 9: INTERFERENCE

The applicant shall minimize or mitigate interference with electromagnetic

communications, such as radio, telephone, microwaves, or television signals

caused by any WECS. The applicant shall notify all communication tower

operators within one mile of the proposed WECS location upon application to the

City of Rockville for permits. No WECS shall be constructed so as to interfere

with City or Minnesota Department of Transportation microwave transmissions.

Subdivision 10: AVOIDANCE AND MITIGATION OF DAMAGES TO PUBLIC

INFRASTRUCTURE

1. Roads – Applicants shall: Identify all County, City or State roads to be

used for the purpose of transporting WECS, substation parts, cement,

and/or equipment for construction, operation or maintenance of the WECS

and obtain applicable weight and size permits from the impacted road

authority (ies) prior to construction. Conduct a pre-construction survey, in

coordination with the impacted local road authority (ies) to determine

existing road conditions. The survey shall include photographs and a

written agreement to document the condition of the public facility. Be

responsible for restoring or paying damages as agreed to by the

applicable road authority (ies) sufficient to restore the road(s) and bridges

to preconstruction conditions.

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2. Drainage System – The applicant shall be responsible for immediate

repair of damage to public drainage systems stemming from construction,

operation or maintenance of the WECS.

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SECTION 14: NON-CONFORMING USES

Subdivision 1: PURPOSE AND INTENT

Within the City’s Zoning Districts established by this Ordinance or later

amendments, there may exist lots, structures or land uses that were lawful before

this Ordinance was passed or amended but which are prohibited, regulated or

restricted under the Ordinance or a future amendment of this Ordinance. The

City intends to permit nonconformities to continue until they are removed but not

to encourage their survival. This Sections intent is that non-conforming uses not

be enlarged, extended, or expanded, and that additions not be used as a basis

for adding other prohibited uses.

Subdivision 2: CONTINUED USE OF EXISTING STRUCTURES

The lawful use of a building or structure existing at the time of this Ordinance’s

adoption or amendment that does not conform with the applicable district’s

provisions may be continued if it remains otherwise lawful subject to the following

provisions:

1. No Structural Alteration. No existing structure devoted to a use not

permitted by this Ordinance in the District in which it is located, shall be

enlarged, extended, constructed, reconstructed, moved or structurally

altered except in changing the use of the structure to a use permitted in

the district in which it is located.

2. Extended Use. A non-conforming use may be extended throughout the

building or structure, provided no structural alterations or changes are

made to the building, except those required by law or ordinance or that

may be required for safety or necessary to secure or insure the buildings

continued advantageous use during its natural life.

3. Change to Another Nonconforming Use. If no structural alterations are

made to any structure or premises involving a nonconforming use, the use

may be changed to another nonconforming use if the City Council, either

by general rule or by making findings in the specific case, finds that the

proposed use is as appropriate or more appropriate to the District. In

permitting the change, the City Council will consider the Planning

Commission’s recommendations and may require appropriate conditions

and safeguards.

4. Replacement by Permitted Use. If a structure’s nonconforming use is

replaced by a permitted use, the nonconforming use may not be resumed.

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5. Discontinued Use. If a nonconforming use is discontinued for twelve (12)

consecutive months, the use must not be resumed except in conformance

with the regulations of the District where the use is located.

6. Removal or Destruction. Where nonconforming use status applies to a

structure or structure and land in combination, the removal or destruction

to the extent of greater than fifty percent (50%) of the estimated market

value of the structure (as indicted in the records of the county assessor at

the time of damage) will eliminate the non-conforming status of the land

and/or building, and the structure may not be reconstructed as a

nonconforming use or structure unless a building permit has been applied

for within 180 days of the property damage. The City may impose

mitigating conditions or increase setbacks in accordance with Minn. Stat.

462.357, Subd.1e.

7. Floodplain District Special Considerations. In the case of a non-

conforming use or structure within a Floodplain District, additional

conditions will apply as set out in the Floodplain Ordinance.

8. Shore land District Special Considerations. In the case of a non-

conforming use or structure within a Shore land District, additional

conditions will apply as set out in the Shore land Ordinance.

Subdivision 3: MAINTENANCE AND REPAIRS

On any building devoted in whole or in part to any nonconforming use, normal

maintenance, including but not limited to the repair or replacement of non-

bearing walls, fixtures, wiring, and plumbing, may be performed if the

maintenance, repairs or replacement does not exceed fifty percent (50%) of the

building’s current assessed value (as determined for property tax purposes) in

any five (5)-year period. No load-bearing walls may be replaced nor may the

cubic content of the building be increased.

Subdivision 4: NON-CONFORMING STRUCTURES

Where a lawful structure exists that could not be built under this Ordinance

because of restrictions on area, lot coverage, height, setbacks or other

characteristics of the structure or its location on the lot, the structure may remain

and continue to be used so long as it remains otherwise lawful, subject to the

following provisions:

1. No Increased Nonconformity. A nonconforming structure may not be

enlarged or altered in a way which increases its non-conformity.

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2. Damage. Any non-conforming building or structure damaged more than

fifty percent (50%) of its then assessed value (as determined for property

tax purposes), exclusive of foundations at the time of damage by fire,

collapse, explosion or acts of God or public enemy, may not be restored or

reconstructed and used as before such happening; however, if less than

fifty percent (50%) of the building’s value (based upon assessed value) is

destroyed, the building may be restored, reconstructed or used as before

provided that it is reconstructed within twelve (12) months of such

happening and that it is reconstructed using similar materials and

architectural design. Alternative materials or design may, however, be

used provided Planning Commission approval is obtained. The Building

Official will determine if a building remains habitable after any damage to a

building.

Subdivision 5: NON-CONFORMING LAND USES

Where land uses exist that are not permitted under this Ordinance’s terms as

enacted or amended, the use may be continued if it remains otherwise lawful,

subject to the following:

1. No Increased Nonconformity. A non-conforming use may not be

enlarged or increased, nor extended to occupy a greater area of land.

2. Discontinued Use. If any non-conforming use of land ceases, for any

reason, for a period of more than thirty (30) days, any subsequent use of

the land must conform to the requirements of this Ordinance.

3. Moving Use. A non-conforming use may not be moved in whole or in part

to any other portion of the lot or parcel not occupied by the use at the

effective date of this Ordinance’s adoption or amendment.

Subdivision 6: ABANDONMENT

A non-conforming use of a building or premises which has been abandoned must

not be returned to the non-conforming use. A non-conforming use will be

presumed abandoned when all or substantially all of the equipment and/or

furnishings have been removed from the premises and have not been replaced

or the use ceases, for any reason, for a period of more than one year.

Subdivision 7: UNSAFE STRUCTURES

Nothing in this Ordinance is intended to prevent the strengthening or restoring to

a safe condition any portion of a building or structure declared unsafe by the City

Building Inspector.

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Subdivision 8: CONSTRUCTION STARTED BEFORE ENACTMENT

Any proposed structure which will, under this Ordinance, become non-

conforming but for which a building permit has been lawfully granted prior to the

effective date of this Ordinance, may be completed in accordance with the

approved plans; provided construction is started within sixty (60) days of the

effective date of this Ordinance, is not abandoned for a period of more than one

hundred twenty (120) days, and continues to completion within one (1) year.

Such structure and use must thereafter be a legally non-conforming structure and

use.

Subdivision 9: EXPANSION OF STRUCTURE

No structure existing at this Ordinance’s adoption may be expanded,

enlarged, or reconstructed to increase its floor area by twenty-five percent

(25%) or more without bringing the site into compliance with this

Ordinance’s requirements, including but not limited to businesses and

industrial properties providing sufficient parking for the entire building,

paving the parking lot area if not previously paved, providing fencing as

may be required by this Ordinance, and providing screening for refuse

storage. The term “site” as used in this Subdivision does not include a

legal, non-conforming lot of record in existence when this Code was

adopted, and this Subdivision does not apply to a situation where a

structure on such a legal, non-conforming lot is being expanded, enlarged

or reconstructed to increase the structure’s floor area by twenty-five

percent (25%) or more.

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SECTION 15: GENERAL ZONING DISTRICT PROVISIONS

Subdivision 1: DISTRICT ESTABLISHMENT

The following zoning district classifications are established within the City of

Rockville:

1. A-40" Agricultural District

2. RR” Rural Residential District

3. R-1" Single Family Residential District

4. R-2" Two Family Residential District

5. R-3" Multiple Family Residential District

6. B-1" Central Business District

7. B-2" General Business District

8. I-1" Industrial District

9. I-2" General Industrial District (Sewered)

Subdivision 2: ZONING DISTRICT APPLICATION

1. Official Zoning Map. The boundaries of the districts identified in this

Section are established and adopted as shown upon the Official

Zoning Map on file in the City Clerk’s office, designated The Official

Zoning Map of the City of Rockville, Minnesota, and bearing the

signatures of the Mayor, and City Clerk. The Official Zoning Map, with

all notations, references, data and other information, is made part of

this Ordinance as if it were fully set forth in this Ordinance.

2. Amending Official Zoning Map. The Zoning Administrator will

maintain the Official Zoning Map and make any necessary

amendments as authorized by law and this Ordinance. The Zoning

Administrator will record all amendments to the Official Zoning Map on

the Official Zoning Map within thirty (30) days after adoption by the City

Council. The Official Zoning Map will be available for public inspection

at all reasonable times during which the City Hall is customarily open.

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3. Annexed Land. All land which may later become a part of the City of

Rockville through annexation will be classified as A-40 "Agricultural

District” unless otherwise classified upon annexation and/or until

otherwise changed by amendment procedure as prescribed in this

Ordinance.

Subdivision 3: ZONING DISTRICT BOUNDARIES

The boundaries of districts are the center lines of streets and alleys; the center of

streams; the shorelines of rivers and lakes; the rear lot lines where there are not

alleys; the side lines of recorded lots or designated distances where land is

unplatted.

Subdivision 4: USES NOT PROVIDED FOR WITHIN ZONING DISTRICTS

1. Prohibited if not permitted. Whenever in any zoning district a use is not

specifically permitted the use is considered prohibited.

2. Uses not listed. The City Council, the Planning Commission, or a

property owner may request a study by the City to determine if the use is

acceptable and if so what zoning district would be most appropriate and

the determination as to conditions and standards relating to development

of the use. The City Council and/or Planning Commission upon receipt of

the staff study may, if appropriate, initiate an amendment to the Zoning

Ordinance to provide for the particular use under consideration or may

find that the use is not compatible for development within the City. The

Planning Commission and the City Council may also determine that a use

which is not listed is essentially the same as a listed use and treat a use

as the same as the listed use.

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SECTION 16: A-40" AGRICULTURAL DISTRICT

Subdivision 1: AGRICULTURAL DISTRICT A-40 (A-40 District)

ZONING DISTRICT APPLICATION

The purpose of this District is to preserve the agricultural and rural character of

land within the A-40 District. Agriculture is the predominate land use, however

many single family dwellings and hobby farms exist within this district. Because

of the proximity to growing suburban areas with their continued pressure,

additional residential development may be allowed at a low density of not more

than one residence per 40 acres. This district is intended to meet the goals of

the City of Rockville Comprehensive Plan by providing a distinct separation

between animal agriculture and non-farm residential land uses.

Subdivision 2: PERMITTED USES

The following uses are permitted subject to any applicable performance and

general development standards contained herein:

1. Agricultural operations

2. Family day care

3. Wholesale Greenhouses and wholesale nurseries

4. Licensed Nonresidential Programs with a licensed capacity of 12 or fewer

persons and a group family day care facility licensed under Minnesota

Rules, parts 9502.0315 to 9502.0445; or successor rules, to serve 14 or

fewer children pursuant to Minnesota Statutes, section 245A.14; or

successor statute

5. Licensed Residential Programs, including housing with services

established under Minnesota Statutes, chapter 144D; or successor

statutes, serving 6 or fewer persons, except that a Residential Program

licensed on or after July 1, 1995, whose primary purpose is to treat

juveniles who have violated criminal statutes relating to sex offenses or

have been adjudicated delinquent on the basis of conduct in violation of

criminal statutes relating to sex offenses shall not be considered a

permitted use pursuant to Minnesota Statutes, Section 245A.11; or

successor statute

6. Public and private forest and game management areas

7. Public parks and trails

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8. Single family residential dwelling unit

9. Small-scale family operated seasonal produce stands which are

accessory to agricultural operations

10. Kennels – Private

11. Storage of equipment, materials or items of a residential or

agricultural nature. The storage may not be in exchange for any

compensation. The owner may make incidental use of such stored

items on-site for non-commercial purposes.

12. Uses the City Council determines to be substantially similar to those

listed in this zoning district and not detrimental to the City’s general health

and welfare.

Subdivision 3: PERMITTED ACCESSORY USES AND STRUCTURES

The following accessory uses and structures are permitted subject to the

performance and general development standards contained in of this

Ordinance:

1. Accessory agricultural buildings that are accessory to an

Agricultural Operation

2. Residential accessory buildings

3. Kennels – Private

4. Hoop Structures-Permanent hoop structures needs to be

engineered.

5. Uses the City Council determines to be substantially similar to

those listed in this zoning district and not detrimental to the City’s

general health and welfare.

Subdivision 4: CONDITIONAL USES

The following uses may be allowed as conditional uses following the procedures

set forth in this Ordinance and further subject to the performance and general

development standards contained in this Ordinance:

1. Agriculturally oriented businesses

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2. Animal Feedlots subject to the provisions of Stearns County’s Ordinances

relating to Feedlots.

3. Aquaculture

4. Worm Farming

5. Churches

6. Community buildings

7. Hunting clubs and shooting preserves

8. Kennels - Commercial

9. Private Airstrips

10. Schools public or private - bus garages

11. Wind Turbines

12. Bed and Breakfast Inns

13. Cemeteries

14. Government administrative and service buildings

15. Home Occupations

16. Home Extended Businesses

17. Outdoor recreational facilities

18. Business uses which were legally existing conforming uses as of April 16,

2003, the date of the adoption of this Ordinance. Any expansion,

intensification of use, additions or rebuilding of structures (except as

permitted by existing special use permits) relating to such businesses will

require the issuance of a conditional use permit.

19. Commercial Wireless Telecommunication Service Towers subject to

Section 13 of the City Zoning Code.

20. Event Centers, provided:

A. The capacity of all structures used in the operation of event center

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is less than 200 persons;

B. The event center has sufficient improved parking spaces for the

use. All parking spaces must be located at least 30 feet from any

neighboring property and at least 150 feet from any neighboring

residential structure, no unimproved areas may be utilized for

parking, and facility is designed to prevent vehicle headlights from

shining on neighboring property;

C. Access to the property is provided by a paved public road, or

access is provided by a gravel road, and no residential building is

located within 200 feet of the gravel road providing access from

the nearest paved public road;

D. The driveway and parking surface are paved, or they are

maintained to prevent dust;

E. The hours of operation is prohibited between the hours of 1:00 am

to 10:00am, and any other time which operation of a liquor

licensed premises is prohibited;

F. No service or operation is allowed outside of the enclosed

premises after sunset. At no time may the attendance at events

located on the property exceed the capacity of the premises used

in the operation;

G. No sound from the operation is discernible at the property

boundary;

H. No light is directed off of the property, no flashing or blinking lights

are visible from any property line, and no light is brighter than 0.1

footcandles at the property boundary;

I. The facility complies with all existing building, zoning and health

code regulations.

J. All structures are setback at least 30 feet from any neighboring

property, at least 150 feet from any neighboring residential

structure, and at least 100 feet from the road right-of-way;

K. The facility maintains the essential rural character of the district;

and

L. No existing event center is located within one mile of the boundary

of the property seeking the conditional use permit.”

21. Solar Farms

22. Uses the City Council determines to be substantially similar to those

listed in this zoning district and not detrimental to the City’s general health

and welfare.

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Subdivision 5: INTERIM USE PERMITS

The following uses may be allowed as interim uses subject to the procedures

set forth in this Ordinance and further subject to the performance and general

development standards contained in this Ordinance:

1. One temporary singe family dwelling unit that is to be located in the

existing farmyard to house farm labor, consisting of either individual(s) or

a family.

2. Migrant and/or seasonal worker housing.

3. Temporary hot mix and concrete recycling plants.

4. Temporary storage or operation of equipment.

5. Extractive Uses.

6. Uses the City Council determines to be substantially similar to those

listed in this zoning district and not detrimental to the City’s general health

and welfare.

Subdivision 6: RESIDENTIAL DENSITY REQUIREMENTS

1. Except as otherwise provided in this Ordinance, only one (1) Single

Family Residential Dwelling unit shall be allowed per forty (40) acres.

Subdivision 7: STANDARD FOR DETERMINING PERMITTED RESIDENTIAL

DWELLING SITES

1. Tracts that are contiguous and under common ownership on the effective

date of this Ordinance shall be considered one tract. <Lots of Record

not containing forty (40) acres may be allowed as residential

building sites.>

2. An eligible forty (40) acre tract shall be any tract that does not contain

any existing residential dwelling and meets one of the following:

A. The tract contains forty (40) acres more or less and is described,

for example, as quarter-quarter according to the Government Land

Office survey grid system.

B. The tract is described as an entire Government Lot and contains

enough land to constitute a buildable site as determined by the

Planning Commission considering the minimum area requirements

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necessary for a septic system site and alternative site and

necessary to meet building setback requirements.

C. The tract contains forty (40) acres or more and is described by

metes and bounds description. The right of way of any public road

adjacent to and included in the description of said tract may be

used for the forty (40) acre calculation.

3. Determining eligibility for a residential dwelling site shall be as follows:

A. The property owner(s) total acreage owned within the A-40 District

shall be calculated. In the absence of a certificate of survey, the

acreage listed in the Stearns County Auditor-Treasurer’s Office

property transfer records shall be used.

B. Forty (40) acres for each existing Residential Dwelling and any

equivalent land area previously restricted under provisions of this

Ordinance and/or City of Rockville Subdivision Ordinance, shall be

subtracted from the total acreage owned.

C. The results from 3.A. and 3.B. above, if the difference is at least

forty (40) acres, shall be divided by forty (40) acres and the

quotient will be the number of eligible divisions that are permitted

for the parcel. Decimals Fractions of less than eight and one half

(8 2) shall be reduced to the nearest whole number and decimals

fractions of point eight and one half (.8 2) or greater shall be

increased to the nearest whole number.

4. Subdivisions that are for agricultural or other purposes and do not

increase the density of the number of residential building sites shall be

allowed. The deed shall be accompanied by a Declaration of Restriction

stating that the conveyance is for agricultural or other purposes which do

not increase residential dwelling site density and that the property being

conveyed shall not be used in the calculation of any permitted residential

dwelling site division pursuant to this Ordinance.

5. The owners of an eligible parcel who apply for a subdivision for use as a

Residential Dwelling site shall execute a Declaration of Restriction for a

forty (40) acre equivalent land area which is defined as forty (40) acres

less the acreage of the Residential Dwelling site that is to be conveyed.

The Declaration of Restriction shall prohibit any additional development

of the equivalent land area unless rezoned. No property conveyance

shall occur unless the Declaration of Restriction is first recorded in the

Office of the County Recorder.

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6. The equivalent land area shall have frontage on a public road, or must be

held in common ownership and attached to contiguous land that has

public road frontage. Any residual lot or parcel shall have access to a

public road.

7. The intent of the A-40 District is to restrict residential density to an

average of one Residential Dwelling per forty (40) acres. In order to

provide an opportunity to landowners that own large tracts of land to

combine their eligible density into a cluster development, the transfer of

residential development from one (1) forty (40) acre tract to another forty

(40) acre tract shall be allowed subject to the following:

A. Residential Dwelling site transfers that are exempt from the

Subdivision requirements of this Ordinance shall be approved by

the Zoning Administrator after review by the Planning Commission.

B. When the cumulative number of Residential Dwelling site transfers

totals two (2) or more, the sites shall be clustered and meet the

Planned Unit Development Standards of this Ordinance.

C. Requests for Residential Dwelling site transfers shall not be

approved unless accompanied by a Declaration of Restriction

prohibiting any residential development on the forty (40) acre

tracts from which the residential development rights were

transferred unless and until the restricted property is rezoned to

allow for additional development. No property conveyance

involving a transfer of a Residential Dwelling site shall occur

unless the Certification of Transfer of Development Rights for the

equivalent land area is first recorded in the Office of the County

Recorder.

Subdivision 8: LOT REQUIREMENTS

1. A Lot of Record that is determined as such pursuant to this Ordinance

that is less than forty (40) acres in size shall be allowed as a residential

building site.

2. For lots or tracts created in the A-40 District after April 16, 2003 :

A. The minimum buildable lot size for a Single Family Residential

Dwelling shall be one (1) acre.

B. The minimum median lot width shall be one hundred fifty (150) feet.

C. For uses other than residential uses, the minimum lot size shall be

sufficient to meet the applicable performance standards of this

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Ordinance for the proposed use, setback requirements of this

Ordinance, and the sewage treatment system standards of Stearns

County.

D. The location of any lot in the A-40 District that is to be used as a

residential dwelling site shall be located so that the Residential

Dwelling can meet the animal feedlot setback provisions of Stearns

County’s Ordinances relating to feedlot setbacks.

E. The minimum lot frontage shall be 75 feet.

Subdivision 9: SETBACK REQUIREMENTS

Except as provided in the Ordinance, the following setback requirements shall

apply:

1. Minimum Building Setbacks Principal Structure

A. Side yard: 50 feet from side lot line or boundary.

B. Rear yard: 50 feet from rear lot line or boundary.

C. Animal Feedlots and manure storage facilities shall meet the

setback provisions of this Ordinance or Stearns County’s

Ordinances whichever is more restrictive.

Subdivision 10: HEIGHT REQUIREMENTS

1. Buildings, other than agricultural buildings, shall not exceed thirty-five

(35) feet in height except as provided in this Ordinance.

2. Agricultural buildings shall be exempt from the height requirements.

Subdivision 11: LOT COVERAGE

The maximum lot coverage shall be twenty-five percent (25%).

Subdivision 12: PLANNED UNIT DEVELOPMENT (PUD)

All plats within the Agricultural District shall be by Planned Unit Development.

Planned Unit Developments within an A-40 District may not in any event have a

density of greater than one (1) dwelling unit per two (2) acres, and must have a

minimum lot size of one (1) acre.

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SECTION 16A: RURAL RESIDENTIAL DISTRICT “R-R DISTRICT”

Subdivision 1 – PURPOSE AND GOALS

1. Purpose:

This district is established to provide areas for low density, rural residential

structures in agricultural/rural areas on lands that due to substantial coverage by

wooded areas, rock outcroppings, marginal soils, steep topographies where soil

erosion is of risk and not conducive to long-term agricultural use; or negative

impact on waterways from higher density residential is likely, etc. Some areas in

this district are currently under agricultural production and can remain so.

Residential development may be allowed in this district at an overall density up

to 8 dwellings per 40 acres. Land within this district is not highly valued farmland

nor is land located within any growth or expansion area of the City of Rockville.

This district is likely located adjacent to agricultural areas and efforts to minimize

land use conflict shall be a primary tool in approving development.

This R-R District will be identified on the City’s Future Land Use map but will not

be on the current zoning map until an area has been re-zoned to this district

following a request for the same from the property owner(s).

2. Goals of the R-R District:

a. Minimize land use conflict between agricultural and other land uses.

1. Maintain suitable boundaries for urban, rural residential and

agricultural areas.

b. Manage the impacts of growth and development on the City’s rural

character.

1. Discourage incompatible land uses through effective land use

controls.

2. Identify appropriate areas for commercial, industrial and non-farm

rural residential developments.

c. Provide a variety of residential opportunities.

1. Provide a diversity of housing prices and styles, meeting the

needs of different ages, incomes and lifestyles.

Subdivision 2 – PERMITTED USES:

The following uses are permitted subject to any applicable performance and general

development standards contained herein:

a. Agricultural land uses providing that farm animals are not kept on parcels

smaller than 5 acres with an animal unit density not greater than 1 per 5

acres, 2 per 10 acres, 3 per 11 acres, 4 per 12 acres, 5 per 13 acres. etc,

b. Family, group, “program”, daycare facilities serving 12 or less.

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c. Single family residential dwelling unit

d. Forestry

e. Uses the City Council determines to be substantially similar to those

listed in this zoning district and not detrimental to the City’s general

health and welfare.

Subdivision 3 - PERMITTED ACCESSORY USES

The following accessory uses and structures are permitted subject to the performance

and general development standards contained in of this Ordinance.

a. Accessory buildings (For Residential Accessory Uses)

1) ACCELERATED ACCESSORY STRUCTURE – Are permitted in all residential districts and

rural residential (RR) based on the following accelerated structure and providing the exterior

materials on the roof and side walls are visually similar to, comparable in quality/durability,

and harmonious with the roof and side walls materials on the principal structure.

10,200 SF to 13,000 SF = 600 SF Building with Maximum 8’ Side Walls

13,000 SF to 18,000 SF = 900 SF “ “ “ 10’ “

18,000 SF to 25,000 SF = 1,100 SF “ “ “ 10’ “

25,000 SF to 35,000 SF = 1,200 SF “ “ “ 12’ “

35,000 SF to 45,000 SF = 1,500 SF “ “ “ 12’ “

with 15’ setback from main structure

45,000 SF to 65,000 SF = 1,800 SF “ “ “ 14’ “

with 20’ setback from main structure

65,000 SF to 70,000 SF = 2,000 SF “ “ “ 14’ “

(because of higher side walls)

70,000 SF to 85,000 SF = 2,400 SF “ “ “ 14’ “

b. Decorative landscaping features

c. Home occupations

d. Private swimming pools

e. Private tennis courts

f. Residential garages, parking spaces, carports

g. Roadside stands for sale of home occupations, or horticultural products,

provided off-street parking is provided

h. Signs as regulated by ordinance

i. Uses the City Council determines to be substantially similar to those

listed in this zoning district and not detrimental to the City’s general

health and welfare.

Subdivision 4 – CONDITIONAL USES

The following uses may be allowed as conditional uses following the procedures set

forth in this Ordinance and further subject to the performance and general development

standards contained in this Ordinance:

a. Airports or airplane runways

b. Alcohol fuel plants

c. Animal hospital

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d. Bed and breakfast inns

e. Bulk liquid storage

f. Churches, cemeteries

g. Commercial Wireless Towers– personal wireless, microwave

h. Contractor shops-cabinet, excavation, etc.

i. Essential services, transmission services, utilities substations

j. Event Centers, provided:

1) The capacity of all structures used in the operation of event center

is less than 200 persons;

2) The event center has sufficient improved parking spaces for the

use. All parking spaces must be located at least 30 feet from any

neighboring property and at least 150 feet from any neighboring

residential structure, no unimproved areas may be utilized for

parking, and facility is designed to prevent vehicle headlights from

shining on neighboring property;

3) Access to the property is provided by a paved public road, or

access is provided by a gravel road, and no residential building is

located within 200 feet of the gravel road providing access from

the nearest paved public road;

4) The driveway and parking surface are paved, or they are

maintained to prevent dust;

5) The hours of operation is prohibited between the hours of 1:00 am

to 10:00am, and any other time which operation of a liquor

licensed premises is prohibited;

6) No service or operation is allowed outside of the enclosed

premises after sunset. At no time may the attendance at events

located on the property exceed the capacity of the premises used

in the operation;

7) No sound from the operation is discernible at the property

boundary;

8) No light is directed off of the property, no flashing or blinking lights

are visible from any property line, and no light is brighter than 0.1

footcandles at the property boundary;

9) The facility complies with all existing building, zoning and health

code regulations.

10) All structures are setback at least 30 feet from any neighboring

property, at least 150 feet from any neighboring residential

structure, and at least 100 feet from the road right-of-way;

11) The facility maintains the essential rural character of the district;

and

12) No existing event center is located within one mile of the boundary

of the property seeking the conditional use permit.”

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k. Farm implement sales, fertilizer plants, grain elevators, greenhouses

l. Farming, providing animal unit density is not greater than 3 units per acre

and parcels are 10 acres and greater.

m. Governmental buildings and structures

n. Horticultural uses and structures designed for storage of products and

machinery pertaining and necessary thereto.

o. Outdoor recreational facilities-golf courses

p. Schools – private and public

q. Storage building as a principal use on a parcel of 10 acres or more.

r. Wastewater treatment facilities

s. Wind energy conversion systems (in accordance with other provisions in

our existing ordinance).

t. Solar Farm.

u. Uses the City Council determines to be substantially similar to those

listed in this zoning district and not detrimental to the City’s general

health and welfare.

Subdivision 5 – INTERIM USES

The following uses may be allowed as interim uses subject to the procedures set forth

in this Ordinance and further subject to the performance and general development

standards contained in this ordinance:

a. Extractive uses

b. Temporary buildings located for purposes of construction on the

premises for a period of time not to exceed normal, necessary

construction time.

c. Uses the City Council determines to be substantially similar to those

listed in this zoning district and not detrimental to the City’s general

health and welfare.

Subdivision 6 – STANDARDS FOR DETERMINING PERMITTED RESIDENTIAL

DWELLING SITES (BUILDABLE LOTS)

a. Parcels of Record: Certain parcels of record recorded under separate

deed and not containing five (5) acres may be allowed as residential

dwelling building sites and shall be determined as follows:

1) Any contiguous tract or parcel that is in common ownership with

any other contiguous tract or parcel on May 1, 2011 but was

recorded under separate deed prior to May 1, 2011 shall be

considered a parcel of record and shall be eligible as a residential

building site. At the owner’s option, any tract or parcel determined

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herein to be a parcel of record may be combined with other tracts

or parcels for determining the number of permitted residential

dwelling sites.

2) Any non-contiguous tract or parcel that is in common ownership

on May 1, 2011 but was recorded under separate deed prior to

May 1, 2011 shall be considered a parcel of record and shall be

eligible as a residential dwelling site.

b. Residential dwelling site eligibility: An eligible five (5) acre tract shall be

any tract that does not contain any existing residential dwelling and

meets either of the following:

1. The tract contains five (5) acres more or less, may be split by the

following:

a. If splitting one lot into two lots – Qualified Minor Subdivision

b. If splitting into more than two lots – must be platted using the

Lot and Block system.

c. The right of way of any public road adjacent and included in the

description of said tract may be used for the 5 acres

calculation.

c. Density calculation: Determining eligibility for a residential dwelling site on

a parcel or parcels within the R-R District shall be as follows:

1) The property owner’s total acreage owned on the parcel or parcels

all within this district, less and except any land under the OHWL,

shall be calculated.

2) 5 acres for each existing residential dwelling and any equivalent

land area previously restricted shall be subtracted from the total

acreage owned.

3) The results from (1) and (2) above shall be divided by five (5)

acres and the quotient shall be the number of eligible divisions

that are permitted for the parcel. Decimals of less than 0.80 shall

be reduced to the nearest whole number and decimals 0.80 or

greater shall be increased to the nearest whole number.

As an example of how unbuildable/buildable land would be handled by this

provision, if 8 acres of a 20-acre parcel is unbuildable, 4 dwelling units would

be allowed on the remaining 12 buildable acres; thereby maintain the required 1

dwelling unit per 5 acres density.

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d. Lot access requirements: Every tract or parcel, including outlots shall

abut or have direct vehicular access to a public road and have a

minimum road frontage equal to the required lot width. This public road

may be an interior dedicated public right of way that is built by and

maintained by the property owners and not by the city, provided the

dedicated public right of way meets the minimum road width and other

requirements of the city.

Subdivision 7– LOT REQUIREMENTS

a. The minimum lot size for a single-family residential dwelling shall be 5.0

acres of which 2.5 acres must be buildable.

Subdivision 8 – SETBACK REQUIREMENTS

Except as provided in Section 9 – General Requirements Ordinance, the following

setback requirements shall apply:

a. Residential structures setbacks from side yard or rear yard: 50 feet

b. Minimum width and depth of lots: minimum median lot width of not less

than 250 feet and minimum median lot depth of not less than 300 feet.

Subdivision 9 – HEIGHT REQUIREMENTS

a. Buildings other than agricultural buildings; shall not exceed thirty-five (35)

feet in height except as provided in this Ordinance.

b. Agricultural buildings shall be exempt from the height requirements.

Subdivision 10 – LOT COVERAGE

The maximum lot coverage shall be twenty-five percent (25%).

Subdivision 11 - RURAL RESIDENTIAL PLANNED UNIT DEVELOPMENT (RR-

PUD)

1. Purpose:

To allow flexibility and creativity in design by offering alternative standards in

what is currently designated A-40 zoning districts. This would allow property

owners in agricultural areas within these 2 districts to develop non-productive

land areas with residential dwellings with similar density and other standards as

is allowed in the R-R District. In designing an RR-PUD the natural features such

as wetlands, existing topography, soil types, woodlands and natural

communities shall be considered to preserve rural character, enhance scenic

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vistas and protect sensitive environmental resources and provide areas for

recreational use. A Rural Residential PUD may allow for the creation of

distinctive neighborhoods by encouraging clustered residential development.

The RR-PUD is only allowed in overlay districts that have been designated on the City

of Rockville Zoning Map. The RR-PUD must be approved through a Conditional Use

Permit.

2. Objectives:

a. Locate residential lots to avoid hydric and restrictive soils.

b. Plat designs shall avoid lot locations that impact steep slopes, wetlands,

floodplains, and other environmentally sensitive areas.

c. Consider structures of historical significance, prime agricultural lands,

endangered species protection, mature tree stands, and rare plant

communities when designing layouts. Lots should be designed in a

manner that offers highest preservation for natural corridors that are

valuable for wildlife habitat, scenic enjoyment or agricultural production.

d. Reduce the cost of construction and maintenance of public facilities,

infrastructure and services.

e. Provide a lot layout that maintains a low visual impact, particularly from

arterial roadways and abutting properties.

f. Facilitate road connections from one subdivision to another.

g. Connect existing and potential open space lands, natural corridors and

trail-ways whenever possible.

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SECTION 17: R-l SINGLE FAMILY RESIDENTIAL DISTRICT

Subdivision 1: PURPOSE AND INTENT

The purpose and intent of the R-1 District is to permit the development of single

family dwellings in the community; to provide reasonable standards for such

development; to avoid overcrowding; and to prohibit the use of land which would

be incompatible with or detrimental to the essential residential character of such

a district.

Subdivision 2: PERMITTED USES

1. Single family dwellings.

2. State licensed residential facilities or housing with services establishment

registered under Minnesota Statues Chapter 144D, as amended, serving

six (6) or fewer persons at one time.

3. State licensed day care or nursery school facilities serving twelve (12) or

fewer persons at one time.

4. Group family day care facilities properly licensed under Minnesota Rules

serving fourteen (14) or fewer children except a residential facility whose

primary purpose is to treat juveniles who have violated criminal statutes

relating to sex offenses or have been adjudicated delinquent on the basis

of conduct violating criminal statutes relating to sex offenses.

5. Public Parks and playgrounds.

6. Uses the City Council determines to be substantially similar in nature to

the conditional uses listed above and not detrimental to the City’s general

health and welfare.

Subdivision 3: PERMITTED ACCESSORY USES

1. ACCELERATED ACCESSORY STRUCTURE – Private garages are

permitted in all residential districts based on the following accelerated

structure and providing the exterior materials on the roof and side walls are

visually similar to, comparable in quality/durability, and harmonious with the

roof and side walls materials on the principal structure.

10,200 SF to 13,000 SF = 600 SF Building with 8’ Side Walls

13,000 SF to 18,000 SF = 900 SF “ “ 10’ “

18,000 SF to 25,000 SF = 1,100 SF “ “ 10’ “

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25,000 SF to 35,000 SF = 1,200 SF “ “ 12’ “

35,000 SF to 45,000 SF = 1,500 SF “ “ 12’ “

with 15’ setback from main structure

45,000 SF to 65,000 SF = 1,800 SF “ “ 14’ “

with 20’ setback from main structure

65,000 SF to 70,000 SF = 2,000 SF “ “ 14’ “

(because of higher side walls)

70,000 SF to 85,000 SF = 2,400 SF “ “ 14’ “

2. Home Occupations.

3. Private swimming pools and tennis courts with fencing that prohibits

unauthorized entry.

4. Accessory Buildings (not exceeding two hundred (200) square feet in

area) for storing domestic equipment and non-commercial recreational

equipment.

5. Boarding and renting of rooms to not more than two (2) persons.

6. Gazebos and decks serving the principal residential structure.

7. Playhouses.

8. Kennels used for pets of occupants of the principal structure.

9. Fences as regulated by this Ordinance.

10. Off-street parking spaces as regulated by this Ordinance.

11. Signs as permitted and regulated by this Ordinance.

12. Temporary buildings during periods of construction of principal structures

and located on the property no longer than one (1) year.

13. Uses the City Council determines to be substantially similar in nature to

the conditional uses listed above and not detrimental to the City’s general

health and welfare.

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Subdivision 4: CONDITIONAL USES

The following uses require a Conditional Use Permit based on the procedures

set forth in this Ordinance:

1. Governmental, municipal and public utility buildings and structures

necessary for the community’s health, safety, and general welfare.

2. Public or semi-public recreational buildings and community centers.

3. Churches, public libraries, museums, primary and secondary schools

which are accredited by the State Department of Education, and

hospitals.

4. Townhouses containing four (4) or fewer units whether in a single unit or

on a combination of lots.

5. Essential Services structures.

6. Towers and Antennas as regulated by this Ordinance.

7. Uses the City Council determines to be substantially similar in nature to

the conditional uses listed above and not detrimental to the City’s general

health and welfare.

8. Animal Feedlots subject to provisions of Stearns County Feedlot

Ordinance and further farm animals may be allowed on lots that are 5

Acres or more in size subject to an Interim Use Permit and at a maximum

density of .50 animals per acre. Any building where farm animals are

kept shall be setback a distance of 100 Feet from the property line or

road easement.

Subdivision 5: INTERIM USE PERMITS

1. Farm animals.

Subdivision 6: LOT, YARD, AREA AND HEIGHT REQUIREMENTS

1. Minimum Buildable Lot Area.

A. Single Family Dwelling. Buildable lot area for lots with a single-

family dwelling must be at least ten thousand two hundred

(10,200) square feet.

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B. Other Uses. Lot area for lots for other uses must be determined

based upon meeting the maximum floor area ratio.

2. Lot Width. Lot width must be at least eighty-five (85) feet at the

established building line.

3. Lot Depth. Lot depth must be at least one hundred twenty (120) feet.

4. Minimum Lot Frontage. The minimum lot frontage shall be 75 feet.

5. Setbacks.

A. Front Yard Setback. The front yard setback must be at least

twenty-five (25) feet.

B. Side Yard Setback. The side yard setback must be at least ten

(10) feet, except that the side yard setback on corner lots must be

at least fifteen (15) feet.

C. Rear Yard Setback. The rear yard setback must be at least thirty-

five (35) for the house and garage foundation.

D. Rear Yard Setback. For clarification purposes, the following is a list

of features that are exempt and may be located within the thirty-

five (35’) foot setback but no closer than twenty-five (25) feet:

outside stairways, fire escapes, porches, platforms, decks,

balconies and other similar projections. (This does not apply to the

riparian lake lots).

6. Building Height.

A. Principal Structure. All principal residential structures may not

exceed thirty-five (35) feet in height.

B. Accessory Buildings. Accessory Buildings may not exceed twenty-

five (25) feet in height.

7. Impervious Surface. Per Section 33 of this Ordinance.

8. Exterior Finish. Galvanized or unpainted metal siding is not permitted.

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Subdivision 7: SITE PLAN - CERTIFICATE OF SURVEY

Prior to the issuance of a permit for any building other than a single family

dwelling on a platted lot, a site plan for the property must be approved by the

City Council after review and recommendation by the Planning Commission.

The site plan must contain at a minimum the following:

1. The current and proposed use of the property;

2. A Certificate of Survey if deemed necessary by the Zoning Administrator

or the Planning Commission;

3. All structures and their dimensions and location;

4. Location of waste facilities including measures used for enclosure and

screening;

5. Location of the water supply and utilities;

6. Elevations and drainage facilities;

7. Streets and ingress and egress;

8. Parking (including typical size and locations of handicap spaces);

9. Landscaping (including features and types of materials to be used);

10. Lighting locations and types of fixtures;

11. Location and dimensions of required green space;

12. Screening and fences (including types and heights of fencing);

13. Location and size of signs;

14. Distances to surrounding buildings, and surrounding land uses; and

15. Any other information deemed necessary by the Zoning Administrator or

Planning Commission.

As part of the site plan review and approval the Planning Commission may

recommend and the City Council may, on the recommendation of the Planning

Commission or on its own, require that changes be made to a site plan. Such

changes may include, without limitation, limiting the size and number of street

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accesses, requiring fencing or screening, requiring changes to the landscape

plan, requiring alterations of the location and types of lighting and signage,

altering parking lot design and layout, altering building layout, and other

alterations and adjustments to ensure a design which is in conformance with this

Ordinance and is in the best interest of the City.

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SECTION 18: R-2 TWO FAMILY RESIDENTIAL DISTRICT

Subdivision 1: PURPOSE AND INTENT

The purpose intent of the R-2 District is to permit the development of single and

two family dwellings in the community; to provide reasonable standards for such

development; to avoid overcrowding; and to prohibit the use of land which would

be incompatible with or detrimental to the essential residential character of such

a district.

Subdivision 2: PERMITTED USES

1. Single and two family dwellings.

2. State licensed residential facilities or housing with services establishment

registered under Minnesota Statues Chapter 144D, as amended, serving

six (6) or fewer persons at one time.

3. State licensed day care or nursery school facilities serving twelve (12) or

fewer persons at one time.

4. Group family day care facilities properly licensed under Minnesota Rules

serving fourteen (14) or fewer children except a residential facility whose

primary purpose is to treat juveniles who have violated criminal statutes

relating to sex offenses or have been adjudicated delinquent on the basis

of conduct violating criminal statutes relating to sex offenses.

5. Public Parks and playgrounds.

6. Uses the City Council determines to be substantially similar in nature to

the conditional uses listed above and not detrimental to the City’s general

health and welfare.

Subdivision 3: PERMITTED ACCESSORY USES

1. ACCELERATED ACCESSORY STRUCTURE – Private garages are

permitted in all residential districts based on the following accelerated

structure and providing the exterior materials on the roof and side walls are

visually similar to, comparable in quality/durability, and harmonious with the

as the roof and side walls materials on the principal structure.

10,200 SF to 13,000 SF = 600 SF Building with 8’ Side Walls

13,000 SF to 18,000 SF = 900 SF “ “ 10’ “

18,000 SF to 25,000 SF = 1,100 SF “ “ 10’ “

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25,000 SF to 35,000 SF = 1,200 SF “ “ 12’ “

35,000 SF to 45,000 SF = 1,500 SF “ “ 12’ “

with 15’ setback from main structure

45,000 SF to 65,000 SF = 1,800 SF “ “ 14’ “

with 20’ setback from main structure

65,000 SF to 70,000 SF = 2,000 SF “ “ 14’ “

(because of higher side walls)

70,000 SF to 85,000 SF = 2,400 SF “ “ 14’ “

2. Home Occupations.

3. Private swimming pools and tennis courts with fencing that prohibits

unauthorized entry.

A. Accessory Buildings (not exceeding two hundred (200) square feet in

area) for storing domestic equipment and non-commercial

recreational equipment.

B. Boarding and renting of rooms to not more than two (2) persons.

C. Gazebos and decks serving the principal residential structure.

D. Playhouses.

E. Kennels used for pets of occupants of the principal structure.

F. Fences as regulated by this Ordinance.

G. Off-street parking spaces as regulated by this Ordinance.

H. Signs as permitted and regulated by this Ordinance.

I. Temporary buildings during periods of construction of principal

structures and located on the property no longer than one (1) year.

J. Uses the City Council determines to be substantially similar in nature

to the conditional uses listed above and not detrimental to the City’s

general health and welfare.

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164

Subdivision 4: CONDITIONAL USES

The following uses require a Conditional Use Permit based on the procedures

set forth in this Ordinance:

1. Governmental, municipal and public utility buildings and structures

necessary for the community’s health, safety, and general welfare.

2. Public or semi-public recreational buildings and community centers.

3. Churches, public libraries, museums, primary and secondary schools

which are accredited by the State Department of Education, and

hospitals.

4. Townhouses containing four (4) or fewer units whether in a single unit or

on a combination of lots.

5. Essential Services structures.

6. Towers and Antennas as regulated by this Ordinance.

7. Uses the City Council determines to be substantially similar in nature to

the conditional uses listed above and not detrimental to the City’s general

health and welfare.

8. Animal Feedlots subject to provisions of Stearns County Feedlot

Ordinance and further farm animals may be allowed on lots that are 5

Acres or more in size subject to an Interim Use Permit and at a maximum

density of .50 animals per acre. Any building where farm animals are

kept shall be setback a distance of 100 feet from the property line or road

easement.

Subdivision 5: INTERIM USE PERMITS

1. Farm animals

Subdivision 6: LOT, YARD, AREA AND HEIGHT REQUIREMENTS

1. Minimum Buildable Lot Area.

A. Single Family Dwelling. Buildable lot area for lots with a single-

family dwelling must be at least ten thousand two hundred

(10,200) square feet.

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B. Two-family Dwelling. Buildable lot area for lots with a two-family

dwelling must be at least eleven thousand two hundred and fifty

(11,250) square feet.

C. Other Uses. Buildable lot area for lots for other uses must be

determined based upon meeting the maximum floor area ratio.

2. Lot Width. Lot width must be at least ninety (90) feet at the established

building line.

3. Lot Depth. Lot depth must be at least one hundred and twenty-five (125)

feet.

4. Minimum Lot Frontage. The minimum lot frontage shall be

75 feet.

5. Setbacks.

A. Front Yard Setback. The front yard setback must be at least twenty-

five (25) feet.

B. Side Yard Setback. The side yard setback must be at least ten (10)

feet, except that the side yard setback on corner lots must be at least

fifteen (15) feet.

C. Rear Yard Setback. The rear yard setback must be at least thirty-five

(35) feet.

6. Building Height.

A. Principal Structure. All principal residential structures may not

exceed thirty-five (35) feet in height.

B. Accessory Buildings. Accessory Buildings may not exceed thirty (30)

feet in height.

7. Impervious Surface. Per Section 33 of this Ordinance.

8. Exterior Finish. Galvanized or unpainted metal siding is not

permitted.

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Subdivision 7: SITE PLAN - CERTIFICATE OF SURVEY.

Prior to the issuance of a permit for any building with a foundation, a site plan for

the property must be approved by the City Council after review and

recommendation by the Planning Commission. The site plan must contain at a

minimum the following:

1. The current and proposed use of the property;

2. A Certificate of Survey if required by the Zoning Administrator or Planning

Commission;

3. All structures and their dimensions and location;

4. Location of waste facilities including measures used for enclosure and

screening;

5. Location of the water supply and utilities;

6. Elevations and drainage facilities;

7. Streets and ingress and egress;

8. Parking (including typical size and locations of handicap spaces);

9. Landscaping (including features and types of materials to be used);

10. Lighting locations and types of fixtures;

11. Location and dimensions of required green space;

12. Screening and fences (including types and heights of fencing);

13. Location and size of signs;

14. Distances to surrounding buildings, and surrounding land uses; and

15. Any other information deemed necessary by the Zoning Administrator or

Planning Commission.

As part of the site plan review and approval the Planning Commission may

recommend and the City Council may, on the recommendation of the Planning

Commission or on its own, require that changes be made to a site plan. Such

changes may include, without limitation, limiting the size and number of street

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accesses, requiring fencing or screening, requiring changes to the landscape

plan, requiring alterations of the location and types of lighting and signage,

altering parking lot design and layout, altering building layout, and other

alterations and adjustments to ensure a design which is in conformance with this

Ordinance and is in the best interest of the City.

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SECTION 19: R-3" MULTIPLE FAMILY RESIDENTIAL DISTRICT

Subdivision 1: PUPOSE AND INTENT

It is the purpose and intent of the R-3 District to provide for multiple-family

dwellings and related complementary uses.

Subdivision 2: PERMITTED USES

1. All permitted uses as allowed in an “R-1" and “R-2" Single and Two

Family Residential District.

2. Multiple-family dwelling units including Apartments, Townhouses and

attached patio homes.

3. Uses the City Council determines to be substantially similar in nature to

the conditional uses listed above and not detrimental to the City’s general

health and welfare.

Subdivision 3: PERMITTED ACCESSORY USES

1. All permitted accessory uses as allowed in an “R-l” and “R-2" Single and

Two Family Residential District.

2. Off-street loading and parking as regulated by this Ordinance.

3. Uses the City Council determines to be substantially similar in nature to

the conditional uses listed above and not detrimental to the City’s general

health and welfare.

Subdivision 4: CONDITIONAL USES

The following uses require a Conditional Use Permit based on the procedures

set forth in this Ordinance.

1. All conditional uses, subject to the same provisions as allowed in the R-1"

and R-2" Single and Two Family Residential District.

2. Manufactured Home Parks as regulated by this Ordinance.

3. Nursing homes, assisted living facilities, and rest homes.

4. Medical clinics and other buildings used for the treatment of human

beings.

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5. State licensed residential facilities serving from seven (7) through sixteen

(16) persons.

6. Licensed day care facilities serving from thirteen (13) through sixteen (16)

persons.

7. Uses the City Council determines to be substantially similar in nature to

the conditional uses listed above and not detrimental to the City’s general

health and welfare.

8. Animal Feedlots subject to provisions of Stearns County Feedlot

Ordinance and further farm animals may be allowed on lots that are 5

Acres or more in size subject to an Interim Use Permit and at a maximum

density of .50 animals per acre. Any building where farm animals are

kept shall be setback a distance of 100 feet from the property line or road

easement.

Subdivision 5: INTERIM USE PERMITS

1. Farm animals

Subdivision 6: LOT, YARD, AREA AND HEIGHT REQUIREMENTS

1. Minimum Buildable Lot Area.

A. Single Family Dwelling. Buildable lot area for lots with a single-

family dwelling must be at least ten thousand two hundred

(10,200) square feet.

B. Two-family Dwelling. Buildable lot area for lots with a two-family

dwelling must be at least eleven thousand two hundred and fifty

(11,250) square feet.

C. Three-family Dwelling or more. Buildable lot area for lots with a

three-family Dwelling or more must be at least thirteen thousand

(13,000) square feet for the first three (3) units and an additional

two thousand (2,000) square feet for each unit after three (3).

2. Lot Width. Single and two family structures must meet the requirements of

R-1 and R-2 Districts. For all other structures, Lot width must be at least

one hundred (100) feet at the established building line.

3. Lot Depth. Single and two family dwellings must meet the requirements for

those dwelling types contained in the R-1 and R-2 Districts. Other structures

shall have no minimum lot depth.

4. Minimum Lot Frontage. The minimum lot frontage shall be 75 feet.

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5. Setbacks.

1. Front Yard Setback. The front yard setback for all structures must be

at least twenty-five (25) feet.

2. Side Yard Setback.

A. Single and Two Family Structures. The side yard setback

must be at least ten (10) feet, except that the side yard

setback on corner lots must be at least fifteen (15) feet.

B. Multi-family and Other Uses. Multi-family and other uses, if

approved, must have a side yard setback of at least twenty

(20) feet.

3. Rear Yard Setback.

A. Principal Structures. Principal structures must have a rear

yard setback of at least forty (40) feet.

B. Garages Facing Rear Lot Line. Garages with vehicle

entrances facing the rear lot line must have a rear yard

setback of at least forty (40) feet.

4. Existing Lots. Notwithstanding anything in this Section apparently to

the contrary, for Lots platted before this Ordinance’s effective date,

the setbacks will be as follows:

A. Front Yard = fifteen (15) feet

B. Side Yard = fifteen (15) feet

6. Building Height.

A. Single and Two Family Dwellings. Single-family and two-family

dwellings may not exceed thirty-five (35) feet in height.

B. Other Principal Buildings. Principal buildings other than single and

two family dwellings may not exceed thirty-five (35) feet in height.

C. Accessory Buildings. Accessory Buildings may not exceed twenty-

five (25) feet in height.

7. Impervious Surface. Per Section 33 of this Ordinance

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8. Green Space. For buildings containing three (3) or more dwelling units

there must be a minimum of four hundred and fifty(450) square feet of

contiguous and useable green space per dwelling unit. Setback areas may

not be counted toward the required green space.

9. Exterior Finish. Galvanized or unpainted metal siding is not

permitted.

Subdivision 7: SITE PLAN - CERTIFICATE OF SURVEY

Prior to the issuance of a permit for any building with a foundation, a site plan for

the property must be approved by the City Council after review and

recommendation by the Planning Commission. The site plan must contain at a

minimum the following:

1. The current and proposed use of the property;

2. A Certificate of Survey if required by the Zoning Administrator or Planning

Commission;

3. All structures and their dimensions and location;

4. Location of waste facilities including measures used for enclosure and

screening;

5. Location of the water supply and utilities;

6. Elevations and drainage facilities;

7. Streets and ingress and egress;

8. Parking (including typical size and locations of handicap spaces);

9. Landscaping (including features and types of materials to be used);

10. Lighting locations and types of fixtures;

11. Location and dimensions of required green space;

12. Screening and fences (including types and heights of fencing);

13. Location and size of signs;

14. Distances to surrounding buildings, and surrounding land uses; and

15. Any other information deemed necessary by the Zoning Administrator or

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