HomeMy WebLinkAbout9. Proposed Zoning Ordinance Review . . N• .l..r rY . .. . � . . . . ' . .'
PUBLIC NOTICE
�Wz������ . AFFIDAYIT"OF PUBUCATiQN
TO WHQM iT MAY WNGERN: a.w...
N+D'Y7CE�NERESY GIVEAt,thrt the Ll-
t�*Cannci!M the CItY d RaeemouM�rill c�-
�ct a public harfeg on 41�esday,A�t t6,
l9N.ta!de CouneU Glumrbera ef Cfty Hell,
�azs i�sa�ee�wesc,►,e�n,�„s sta:a0p.m.
or ss�►thereatt�as P�bk:'t9lfiss karr-
�t'�ik eeMlmued b August 8g,19M at 7:9b
�:�,��,;��� STATE OF MINNESQTA
��.N��,�o��.��„a�. County of Qakota � SS
ts Map.
fUA1MARY Ot CMAMOli W
�RA!'OltO ZCIINI9 OXMNAN�f .
T��r�ci��tl+e c�cy ot R�e�
�to cotm�der for adoption a near
tevi�onto��kseeap��
GYty,s�t �0i'dfitvatbe.'1'de
Zonin�g Ordina�e vvhich aat
�adoptedinta72sadrvl�chta�dbew NANCY 1.GUSTAfSQN, being dulg sworn,on ooH+sopa N�she ia an eroN�mised epent ond
a trom time to tlme, hes �a
���e���� empiqr�of Hie publiaher af t6e newspoper known�D�koM Cou�Tn'b+une,and i�s iuN knowledge
kke ef r�gulaNt�land we in today'a develop. of N+e#osfs whiel�ore atoted below:
e�climate.Chat�tng attitne�e in the t�n.
m�edtY�c!►an�i�d�'e]�►mt frentr apd Nfe
ai�tioe ot�xr stete and t�el land tme
��tiaie have Pt+anPtcd a eroed to uqder.
taEe a comprd�ereive revlelon ot the CNy ot (A)TI��uewspoper hos complied wiil�afl of N�e requiremenh ea�slifuting�quc�ifieaHoe��01
"Rae�mount Zoning�nance.l'he�� �
kvising the Z�ing Ocdintince hae aeqtrlly newsPoPer,as provided by Minnesota Sta�ute 331 A.02,33tA.07 and othaop�rli+cable laws,as amended.
;t��ait��Ptroraenv�era�na�re��e�-
�a cuLninaH�detfa�ot both Cft Siait
uid CauultaMe as w�eU as a�aiderabk (�)7ke�nred �� C
unamt ot nwi�wv tfine t6e Plamd�Com.
mieaion and GYty
7he P�pae�Zo�ie84rdinance repreeenqs
i1 caitinuatla��'meiyr nf thec�r�c��gs�. �
ding the erd�lyr�u��Non ot land t�thet
termed the besis d the ew�rent ordl��
howevet,the Pt+opoaed Zani�l OMtnelree b
a m+uh m�e detailed and ell encompealln�
document.Ttds sumaiaiy ide�MJtfee N►oae ttc-
Meiude the m���+8 OMimmx xMeh wl�ieh is altoehed was cut from H�e ealamns of soid news
significantadditionaiprevi. PoVsr,o�d w�pri��d ond pubKshed onte
Noea a chs�tran the��q�
�2ad�Ordinance. '
'R� ,
ree�t wnieR o �� t the.intenf� eaeh wcek,fa���tl-t._}C� sueeessire weeks;it was
aeMion remain�the�ame.Added te dNe eec-
Uon are provinioem to aiba N�-Hazardous
W���� Faciiity to be permlt�d • �
by interim ilee�mlt anbject to e�tab8ahed ��st published a�Tinaadtryr,the�� �,� �l.�t�_.
�conditiona. ,
����!D�I�TR�A� ANb EN- �
L7U� p�oeed�s. � t
't�►snce fnchul�a varieEY�t�rv1aaw r- 19 1
AioB t!K AdmiMstratiai and Ent ion�me�f� , and wos fhe�aH�er prlMed amd Vublial�ed on every Thwsdoy to and ineluepng
ths Zmdng Ordins�e ewne�which Vvd,e
'fpeel�in the.Current Zadng Ordfne�as -�i 1 _—� i`"�" f1
we11 aa eeverat eew requ�ements. Moat � t 1-. .x_. ,19 ����_;
Mgnificantly nev►�rc siHniMesnUy changed re. T��OY•Nre— � day of `�J 1�.. �T_
qutrem��are estebi{ehe�i fa�the tollowing: �_
� t. Sfte p1an Revi�w•re�reme�ts and� o'�pi��is o copy d th�bwer cosa alphobet tran A 10 Z,b,�Mci�ire,wiiel�is h�eby
��Procedur�
'�s.Grs��B�9uirements far Ca�actor�i. ocknowtede,,�sid as beieg the size and k�+d af t�pe used in N�e composiNan amd pabHcoliQn of ths noHee;
dinB P�mit Requi�nents.
''> 4.MiMng Pertait Reqtilrementa��y(�t�p�� a#�cdefghijkhnnopqrstvvwxyz
•'Extrectionl.
'���n�B 4P�atied 1'ermit RequlrE- r�,,,
' Ptw�id�e in 3ection e to ailav creatiori of �-. % i
a►ew�w�cc�a��►�en�a��c�a�,o V ` Z GI.0 C t�./� � ,, ;, _--;� .
vleiom in Sectian li to alloa the�� � � B�: ' �cN���"� ' � � 1 ��-L•
� N�-Hasardo� Waste Lend Dispossl TITLE:Se , '(� �
�Elscility suD�ect to IMeMm t�e Permit re- _
�'�#remeats wili be ea�sider�d ai tMe A�t
public h�Htig date.Other ea►tent of } ` c`
•tAe Zoning 4r��nee wtii be ca�sidered a� Subscrf6ed ond swom�n befon me an N�s �'`?1�d�,qf I _li,.. �g � 1
fhe Auguat 15,tee9 q�biic heArMg dste. �
�c��c�pr„poeea etty��eo�maw�t .
7•oni�Orrllnance are avaqable[a�revlea at �� Q__ 13�� �/ �` F�
City Hatl�weekdays.�'1eB�ieresE ho�a, � ,
7:80a.�Zoni A�����nfaa�b�e M
fhe otory Pubiit
�rected to the qty�Ra�mamt,Cmmmmd-
lV��io�entUepa�rttnent. .�:429a4IL `
�e�above itern�be heardiat
�tsam��i,aay�Ju�y,is�. ::;�' �.., CAROL J. HAVERI.AND
S�te�yphan Ji��+nytrata/Ckrk �� 1 s.•�^:f PNJTARY PURtIC-MitJNESOTA
��naketa�uncy,Minnesota `:'m;t,:� UAKOTA COUi`!TY
.. . . 81-ffi .. I:Ry Commfssion Expires Dec 9.1989
� � �� .�- ...:� �� ) ) � � � n n�t;cax ��o ��
�,�ya.,� ,�. , tt t j (1� zar� ia=>rt��,t w
, ,��,'..tr;' .�...., . � , tiC)SEM()11NT MINNE.j�rA �,5��,�
��, 'c,�t��� xti �" •.. � O,"�l'{l`��Oj.{}�l� � ���2 � a2.��a•���
� '_se `��'�c����. ' . .
h;.:+ � .e, . .
a:;,.a�
Pubiic Notfce �
New Zoning Qrdinance
7'O 1�ViiOM IT MAY CnNt�ERN:
N(YfICE 14 HERFBY GIVFN, that the City C'ouncil of Ihe C'ity n[ Rosemount wil) canduet
a pu(�lic hcarin� c�n Tuesd�y, August IS, 1�)t3�), in the Cnuncil Chamt�ers of City Hali, 2875
. 145�h Slreet West, beginning ai 8:3{) p.m. ��r rs sc�c�n thercafter as pc�ssible. This hearing
will hc c�nti�iued l� AuKust 2�1, 1989 at 7:00 p.m, aiso in thc Council Chambers of City •
flall. The nur�c�se nf this hearin�; is to ec�nsiaer adoption of a New Zoning Ordinance
an�l Zc�ning 1)istricts Ma}�.
S1IMMARY C1F C#IANGFS iN PROPt)SE� Z(}NlNG t�Rl)tNANCE
`fhe C'ity Cc�uncil of the City of Roscm�un[ intends tc� consider for adortion a new
'1.�►ninb Or�inan�c wMich represc�nts :► c.c�mprchensive revision to the current Zoning
Or�lin:�nce. "I�I�e City's current Zt�ning Orclinance which was e�riginally adopted in 1972
urid �vhich had heen amenclecl frc�m time 1c� iime, has been recognized by �he City as
hcinh :�nti��u:,te<I in tcrms c�f adeqnately �ddressiifg the comptexities af regttlating land use
in toclay's dcvel��tnent climate. C:hanging aititudes in lh� cammunity, changing
tic��el�ipment trends ancl the addition �f a�:w state an�l federal lan�1 use regulations have
prumptcd a necJ lu undertake a cc>m�rchcnsive revision of the C;ity af Rosemnunt Zaning
()rdina�nce, Ttic� �5ri,�es� of '`revis'i�tg' tMe Zcming ()rJinance has actt�ally been in progress
fc�r several years. Thc ctfrrent cira[t of �the t'ru�c�sed Urdinance represents a culmination
o( efforts af buth City Staf( and Gonsult�nts as well as a cUnsiderable amount �f review
Iime by the PI'anning L:�mmissican'ancl City C:ot�ncil. .
"I'hr Prop�sed Zc�tting Orciinance rerresents a ec�ntinuation of many of ihe concepts
' rcg:►rding the �rdcrly regulalir�n of land use ihat fc�rmecl Ihe basis af the current
��r�linance, huwevcr, the 1'rc�pcised Zoning t)rdinance is a much m�re detailed and all
cncc�ntnassin� clocutnent. This su�nm;iry idenlifies thc�se sections ot' the Pro}�osed Zoning
t)r�inance whieh include the mos[ significant nclditi�na) provisions nr changes from the
rcc�uircments ef the current Zc�ning Ordin.�nce.
SE{;'flt)N 3 {1)f:�INiTI(?NS) - This scctic�n has t�een consi�cr.�laly expancled with many new
�tefinitions and chepges t� m�ay c�f thc c1e1'i��ilic>ns that were usc� in the current zoning
urdin.inre.
tiF:t'TION d t(;ENERAL PROVIS1ONS) - This sectinn expands u}�on its counterpart in the
current ordinanee to s�ecify new c�r existing �arovisians which a[iect a!) zoning districts
��r at Icas� scvcral districls. For exam��lc tl�is sectian includes provisions which regulate
Ih� cnncfucting of a Nc�me Occup.�tir�n (husiness run c�ut of a hame); Home Occu�aiions
arc permiltcd in �II resiclentia) Jistricts and tl�e Agricultt�re District snGject to the
pro�•isi�ns eited in Sectii�n 4.
�t?t'TI(1N 5 (7.ONIN(: DISTRICTS) - This scclion which lists the Zoning Districts indicates
th.�t 1i�e full�►wi��b new districls have hcen ineor�efralccl int� tl�e Pr�pc�sed Zoning
+ Or�linancr:
R L L�>w I)i�nsity Sin�;le Family R�sidenii�l Ristrtet
l2-2 �inglr Fumily Attaehed Residence 1)istrict
!t•3 Nlt�{tiple-I�aniily Rrsidence 1listrict
� R-4 hlulfi�le-Fun�ily Ite�idenr� 1)istrict
t'-� t:eners�) Conrmerciul 1)istrirt
WM11 VVs�ste �#s�nugcmrnt ilistrict
SECTIQN 6 (n1STRTCT kE(:ULATIONS) - This sectic�n nf thc Pron�sed .7.c�nin� tTrdinance
lists in detail tN'� uses which are permitted in cach Znnin� Dislrict inclitding ihc five
new districts cited above. ,.
SFCTION 7 (DtSTRiCT �EVELOF'MENT REt�ULATIt)NSy - This section reflects cfian�c�
in dimensional requiremenls inctuding yard sethacks, hei¢ht timita4ions, clen�ity
reyuirements and open space requiremenls. Alsq incFuded in this section untter suh4eGiion
7.2 (Supplementary Regulations) are ne�v rrovisic�ns which rcgulatc �nr�nr�n�� c�f
BuilJings by reqairing that certain type� oC hc�ilciing materials he ti�ed in exir.rir►r
construction. 7'his section adcires�es huilding acsthetics in aU districts witM p:�riicu{ax
attentic�n directed toward Commercial and Inciusirial Disirirls and also io regulalin�► ihc
size and ap�earance o[ accessory buildings in all Residentia) Dis4ricts and the Agriculture
District (under 20 acre parcel size).
SECTInN 8 (OP'F•STRE�T PARKING, G()ADINt: ANI) LANI)SCAPING) - Mcsst signific�nt in
this section are man,y eharr�es in parking requirements t�r cc�mmcrrial and indt�stri�i uses
from what is tequit+�d under the current orclinance. It has I�ecn long recc�gnizeci hy !hc
t'ity that parking requirements in the current zanin� ,orelin�nce are somewhaE excessivc
fnr certain uses and fhe new standards are an attemrt tc� ettahlisM a m�re lc�gical ratin
of parkin� for many commercia) uccs. Alse,, s�ecit'ic l.�ndscarin� requirements �xe
estabiiehed I'�r ali districts which cite numhcrs �f rer�uirecl plantin�s of trees and
foundation pis�ntings. ?he current zonin� orttin�nce d�es specify Ihat It�neiSeaping is
required for ttew devclopment hut does not inelitcie any nurncrical requircmenls.
5ECT1p1� 9 (SNURELANI) UVERLAY RFCULATION5) - This section adds com�lctely new
provisions which are not inctuded in the current zoning orctinance. 1t is the intent �f
these shoreland overlay regulations to imr�se restricEipns in adclition io tMc�se tenuired hv
the undertying •+zoniag- fot� the�•nroEecti�n bt shorelanci areas, tMe rreservatinn and
enhancement o( the quality of surface waters and ihc cvi5c ulifiyatiori �f water and
related land resources. '. -
� . . ... a.w...... . , � • �
SECTtON 10 (S1GNS) - Thi5 section provides much expanciecl prc�viSi�nS f�r the re�ulati�»
o[ signs. A large section af definitions �f various types has Heen inctuded ancl mc�re
detailed informatfqn regarding permitting requirements has been included. The ordin�nce
remains telatively strict regarding size requirements fc�r signs �vith the largest sign
allov�red �being 100 sq. ft. (10' x 10'j fpr C:ommercial Develnrmenls �vith ln or more
businesses,
SECTI(3N 11 (pERFORiNANC� STAN(}ARI)S - ALL I11STR1CTS) - This sectic�n �peci(ics
st�ndards hy which Uses shall be judged which heGausc �f Ihe nature of iheir o�er�lion
are accompanied by excess o[ noise, vil�ratinn, du�t dirt, smnke,, odnr noxious gase�, glare
. or wastes shall not be pe�'mittecl. The provisic�ns of this sectivn h�vc heen 4liqfitly
m�ditied from the cortespanding provisions oC the currcn( z��nin� �irdinance, hu1 1hc
intent of the sectian remains the Same. Addcd t� this seclion are prc�vicio»s tn allolv
Non-Flazardous Waste Land Disposal Facility Io be permitEed hy inEcrim Use Permil
subject to esiablished condit`rons.
SECT1nN 14 (ADMINtSTRATION ANI) ENFt)RCEMEN'f) - This section nf 1he prc�po�ed
ordinance includes a variely c�f prcrvisions regarcling the Administr�tinn and Enforcement
o[ the Zoning Ordinance some of which tvere specified in the C:urrenl 7_�ning Ordinancc
as wel) as severa) new requirements. Most significantly new c�f significAn,tly changed
� tequirements are established for ihe•f�llowing;
L Site Pian Revie�v - reqoiremenls and rrnce�lures
2. Licen�ittg Reqtiirements for C,`�ntractors.
� 3. C:rading Pcrmil Requirements.
, 4. �.iining f'ermil Pcqoiremcnts (Mincra) Exlracti�n}.
S. Recyclia� t)reratinn �'crtnit Requiremenls.
Proeisions in Seclion 6 to allow creation of ihe V1�M Wastc MTna�!ement i)islrict and
provisions in Section 11 to allow the develc��ment oi Nnn-F�azardnus Waste Land Uis�c�sal
Facility subject to Interim Use Permit requirements will be consicicred nn tMe Augusi 29, �
1989 puhlic hearing date. Other content o[ the Zoning nrclinance wilt he cansicicrcci �n
the August 15, 1989 public hearing date,
Copies of the proposed City of Rosemount 7_oning t)rclinancc are availahle F�r revic�x� at
�ity Hail, weekdays, cluring business hours, 7:3f1 �.m. - 4:4►t1 �i.►n. Any questian� re�arclinfi
the prc�posed Zoning Ordinanee may t�c directeci t� iMe C'ily o( Rosemc�uni, C:�mmunity
Rcvelopment Department, ph.#: a,�3-94}1.
� Saeh �ersons as desire to be heard wiih re�erence tc� the ah�ve item wiil I�e l�earci �t
� these meetings.
i
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' Dated ihis 18th day o[ July, 1989.
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Y._ <
Stephan k, Acimin�str � r/C'lerk
City of RoScmovnl
.
Dakata C'�t�nty, Minnes�ta
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�r *� P.O DOX 510
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; 2875-1457H ST. W.
� i�� o
�S��n�?��1 RdSEMOUNT. MINNESC7TA 550f8
; �I'�.� i/i� L 612-423-na>> ,
; TO: CITY COUNCIL � 1 �� � �
FROM: MICHAEL WOZNIAK, AICP, CITY PLANNER
DATE: AUGUST 11, 1989
;
t SUBJ: AUGUST 15, 1989 - REGULAR MEETING REVIEWS
�
i 9. PUBGIC HEARING - PROPOSED ZONING ORDINANGE
,
's
i The purpose •of this public hearing is to`consider the New Zoning Ordinance &
i Official Zoning Map. Enclosed with lhis review are copies o[ the New Zoning
Ordinance and Zoning Map plus a copy of the existing Zonin� Map.
� Since the City Council has extensively reviewed the Zoning Ordinance texl it is
; my understanding that all significant questions regarding cantent have been
t addressed at this point. If there are any further questions which should be
? addressed prior t� the hearing please feel free to contact me.
;
f The new zoning map reflects a variety of changes most of which were made
� necessary by changes in the zoning ordinance text.' For example, since there are
� , three multi-family residentiai districts (R-2, R-3, R-4) in the new ordinance
versus one, the RM Residential Multiple district in thc current ordinance it was
� ' necessary to redesignate properties currently zoned RM to one of [he three new
' designaiions. It could be noticed that there were a few RM spot zonin�s in the
i area just west of downtown which havc been changed to R-1 Sin�le Family
i Residential zoning. These properties are primarily duplexes and because of small
' lot sizes it would`not be practical to replace them if they should be removed for
� any reason, Due to the creation of the C-4 General most of South Rose Park
?' has been redesignated to that district which allows a wider range of retail uses
; than thc previous C-3 Zoning. Since C-I zoning now allows only eonvenience
stores and self-service gasoline the retail uses on ttie Tom Thumb Store site
(145th St.) will now be recognizcd as lcgal non-conforming uses. Also the
; Texaco Gas Station site (soon to be SuperAmcrica) has bcen rezoned form C-3 to
� C-1 in conformance with the proposed use of the property. Further more in the
, northwest por[ion of the City many properities have peen rezoned from AG
° Agriculture to RR Rural Residential to conform with the Comprehensive Guide
' Plan Designation for that area. For example,- subdivisions like Rosemount Hills
' and Mickelson's First and Second Additions which were created priar to the
exister,ce o£ the RR district havc been redesignaled from R-1 �r AG. Other
{ properties whieh are less than 20 acres in size aijd cannot lo�ically be used for
' agriculture are also being redesignated to RR. Also significant is tl�at large
� btocks of acreage in the east portion of Rosernount currentty zoned IPRK
j Industrial Park will be redesignated to I-GEN General IndustriaL Since public
i' utilities are not available in this area ihe IPRK was a misnomer because the City
would not allow higher density deuelopment as aflowed in IPRK District but
rather would entorce thc rninimnni 5 acre lot size as required in the I-G�N
¢ district. The Council should also notc that i80 acres of the USPCI site have
# been d�signated WM Waste Management District. This conForms to the portion
� of the USPCI site which is currently zoned IPRK.
� Plcase eontact me prior to [he hearing i f therc are any question regarcling the
new zoning orc�inance n�ap.
�:. .
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As Council is aware this public hearing will be continued to August 29th and the
intent is to accept comments on the bulk of Che ordinance on Augvst 15th and
then to address the provisions relating to t7SPCI on August 29th. Since there
may be considerable public comment regarding the ordinance staff is
recommending that Council follow a specific procedure to recieve comments in an
orderly fashion. Councii will be advised prior to the meeting regarding
procedures to be used for this hearing. Steps to be used will including limiting
citizens to one comment and limiting the question or comment for each citizen
+ ' to 5 minutes. City Administrator, Steve Jilk, will review these procedures with
Council prior to the meeting.
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���`�`��j � P,Q� BC)X 510
.. �'l R � ?875 1A5TF1 ST W
�S��t��q 't ROSEMOUNT. MINNESOtA 550�f3
//s-Q4'1��� 612- 423-4411
Affidavit of Post� Hearing Notic�
� Proposed Zoning Ordinance
STATE OF MINNESOTA )
CQUNTY QF DAKnTA ) ss
CITY OF ROSEMt)UNT )
Stephan Jilk, being first ciuly sworn, deposes and says:
I am a United States citizen and the duly quatified C1erk of the
City of Rosemount, Minnesota.
On Juiy 1R, ]989, acting on hehalf of the said City, I posted at
the City Hall, 2875 14Sth Street West, Rosemount, Minnesota, a�
copy af the attached notice of a puhtic hearing regarding a new
zoning ordinance for the City af Rosemount.
/;� �
� Steph Jilk
„h.. . . � AdministratorlCle`rk •
City of Rpsemc�urit
Dakota County, Minnesata
v�r-
Subscribed ancl sworn ic� 6c(c�rc ine tMis �5t" day �f . ,
1989.
N ry Puhli
I�r , �
CITY OF RQSEMOUNT
NEW
ZQNINr l�RD1NANCE
nRAE'T
J U L.Y 18, I9R9
j
{ �,
Anu�Nvv�t
L Page numbering of this document has omitted p. 37. There is nq content
missing, simply a page numbering error was rnade.
2. This document has two page 90's. Again, no contenC is missing nor has any
content been copied twice, the error is anly in page numbering,
w .,i_e.. .
, i ._�a,�,.: , � �
! j CITY pF ROSEMOUNT �
ZONING ORDINANCE CONTENTS
SECTION 1 NAME
SECTIpN 2 PURPOSE
SECTION 3 INTERPR�TATI(?N
3.1 Ral�s oi Construction
3.2 Detinitions
SECTION 4 GENERAL PROVISIONS
4.1 Scope ar�d interpretation
4.2 Lot Pravisions
4.3 Sewer And Water - Single Family �wellings
4.4 Attached Uevelopments
4.5 Roof-top Mechanical Systems
4.6 Reqaired Yards and Upen Space
4.7 Street Access Reqnired
4.$ Private Streets and Ufilities
4.9 Oatdoor Storage
4.10 Animals
4.11 Tetnporary Buiidings
4.12 Sateilite Dishes and Solar Gollectors
4.13 Garage Sales
4.14 Temporary Dwellings
4.15 Single Famlty t)welling Requirements
d.16 Home Occtlpations
SEGTIQN 5 ZONING DiSTRiCTS
5.I Estabiishment of Districts
5.2 Zoning Distrtcts Map
5.3 lnterpretation of 2oning Districta Map
SECTION 6 DISTRICT REGULATIONS
6.1 AG Agrienitural pistricts
6.2 AG-P Agricultnra{ Preserve Distrtets
b.3 RR Rurat Residential Districts
6.4 RE Residential Execntive Districts
6.5 R-1 Single Family Detached Residence Districts
6.6 R=2 Sin�le Famliy Attached Resfdence l3istr#cts
6.7 R-3 Multipie Family Residential Districts
6.8 R-4 Multiple Famlly Residential Districts
'� ��'-�-� �.9 C-1 Neighborheod Commerciai Districts
6.id C-2 Commnnity Comm�ercial Distrtcts
6.11 C-3 Highway Service Commercial Distrfcts
6.12 C-4 Generaf Commercial Districts
6.13 IP tndustrial Park Districts
" � 6.14 IG General Industrial nistricts
6.i5 WM Waste Management District
6.16 P Public and Institution�l Distrfets
6,17 FW Fioodway Districts
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SECTiON 7 DiSTRICT nEVELOPMENT RE(:ULATInNS
?.1 pimensional Standards
7.2 SupPlementary Regulallons
SECTION $ OFF-STREET PARKING, LOADING AND GANDSCAPING
8:1 Q[f-Street Parking Requirements
R.2 Off-Street I.aading Reqnirements
8.3 Landscaping Re�uirements
SE�TION 9 SFECiAL nYERLAY REGULATtONS
9.1 Shoreland Overland Regulationa
9.2 Wetland Overlay Regul�tions
SECTION 10 StGNS
10.1 Purpose, Definitions, Generat Provisions
.��-�-. 10.2 Permitted Signs
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10.3 permitting Procedures and Ordlnance Compliance
Requirernents
SECTION 11 P�RFnRMANC� STANDARDS - ALL DISTRICTS
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i i.l Residual Features
11.2 Explosives
11.3 Non-Hazardous Industriai Waste Land I)isposal Facitlty
SECTIQN 12 PLANNED UNIT �EVEL�PMENT (PUD)
12.1 PUD Purpose and Conditions
12.2 PUi) Procedure
SECTiON 13 NQN-CONFORMING USES
13.1 Purpose
13.2 Alterations, Maintenance, Reconstructioa,
Abandonment _
SECTION 14 AnMINISTRATION AND E�iFORCEMENT
14.1 Fnrpose, Definitions, General Provisions
14.2 Violations and Fenatties
14.3 Buitding Permits - Certificates of Qccupancy
14,4 Buildin� Fermits - Planning Commission Review
14.5 Licensing Requirements
14.6 On-site Sewer Requirements
14.7 Grading Fermits
14.$ Mineral Extraetion
14.9 Junk and Salv�ge Qperations
14.10 interim Use Fermlts
• SECTIl��1T�•:15 � BOARD OF APPEALS AND AnJUSTMENTS
]5.1 Autharization, Powers, and Duties
15.Z Procedures
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SECTION 16 AMENDMENTS
16.1 Furpose
16.2 Pracedures
SECTION 17 VALIDITY
SECTION 18 REPEALS
SECTION 19 EFFEGTIVE DATE
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r � � SECTION 1 NAME
* Section 1.1 This ordinance shall be known as City af Bosetnuunt
Zoning Qrd€nance except as referred to herein as "this o�dinance."
SECTInN 2 PURPOSE
SECTION 2.1
It is the purpose of this ordinance to protect and promote public ,
health, safety and generat welfare, which may be m�t through the
fotlowing objectives;
- To assist in the implernentation of the City of Rosemount
Comprehensive Guide Flan upon which this ordinance is based.
- To promote the orderly development and compatibility of residential,
commercial, industrial, agricultural, recreational and public uses.
- To promote the orderly transition of rural to urban uses.
- To prevent the premature extension of City uEilities and services.
- To prevent overcrowding of the land and structures.
- To prevent congestion in public rights-of-way.
- To proteet natural resources in th� C:ily and promote reforestation
and the replacement of olher replenishable resources.
- Ta promote agricultural preservation.
- To promote a safe, effeetive pedestrian and v�hicular circulation
system.
SECTION 3 INTERPRETATION
SECTION 3.1 RULES OF C�NSTRUCTION '
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Clarification on the provisions of this ordinance or questions on the
procedures or appIicability af this ordinance should be directed to the
Community Development Department or other City departmenis as may
be ,appropriate; Further clarification or interpretation of this
ordinance shall be aecomplished according to the procedures set forth
in Section 8.2, Board of A�neals and Adj,ustment�.
For additional clarity and consistency in tk�e ' undersEanding and
application of this ordinance th'e following shall appIy:
- Use of the masculine gender includes the feminine and neuter
genders unless otherwise specifically noted.
- Grammatical use or references made in the singular shall include the
plural and the plural shall include the singular, unless such use or
reference is otherwise specifically stated.
- Sentence construction or phraseology in the present tenses, and
similarity, references in the future tense may include the present.
- The' word "shall" is used to mean mandatory; whereas, the word
"may" is permissive and does not imply obligation.
- Whenever in any zoning district a use is neither specifically allowed
nor speeifically prohibited, 'the nse shall be considered prohibited
, unless [he City Council determines that the praposed use is very
. similar to an allowed use in which case the proposed uSe shail be
deemed allowed. ,
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- The catchlines of the several sections of this ordinance are intended � �y �
as mere catchwords to indicate the content of the section and shall �
not be deemed or taken to be titles of such sections, nor be deemed
to govern, limit, m;odify or in any manner affect the scope, meaning
or intent of the provisions of any division or section hereof, nor
unless expressly so provided, shall they be so deemed when any of
such sections, including the catchlines, are amended or re-enacted.
SECTION 3.2 DEFINITIpNS ;, ,Q,
For the purpose of this ordinance, certain words contained herein shall
be defined as follows;
Accessory Buildings A subordinate building or structure on the same
lot with a principal or main building.
Accessory Use A use on the same lot with the principal use or
building that is incidental and subordinate to the pxincipal use or
building.
Agriculture The use of the land for agricultural purposes, including
farming, dairying, pasturage, horticulture, storage, animal" and poultry
husbandry and accessory uses and buildings.
Allev A public right-of-way which affords a secondary means of
access to abutting property.
, �Iterations Any modification, additions, or change in construction or
type of occupancy; any enlargement of a builciing, either horizontally
or vertically; or the moving of a structure from one location to
another.
Animals. Domestic Fish, dogs, cats, birds and similar household pets.
Animals. Farm Cattle, hogs, horses, sheep, goats, rabbits, chickens
and other farm animals.
Ani_mals Wild and Exotic Animals other than domestic and farm
animals that are cust�rnarily found in the wild including snakes,
wolves, bears and tigers and other such animals.
Apartment A room or suite of rooms, including bath and kitchen
faeilities, in a multiple-farnily building designed for accupancy by a `
single family.
A�,artment. Acressorv An apartment that is secondary and incidental
to a principal use or building.
At orne The City Attorney of Rosemount, Minnesata or his
designated representative.
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� � Basement A portion of a building located partly underground, having
more than 50% of its floor-to-ceiling height belaw the average grade
of the adjoining ground. Split level, split entry and earth shelCered ,
homes shall be construed to satisfy basement requirements.
Boardin� House A building �thcr than a motel ax hatel, where, for
compensation and by prearran�emen! for drfinite periods, meals and
lodging are provided for not less than three (3} nor rnore than eight
(8) persons.
Building Any structure having a roof which may provide shelter or
enclosure of persons, anirnals or chattel, and when said structure is
divided by party walts without openings, each portio� of suGh building
so separated shall be deemed a separate buildin�.
Buildin� ei�ht The distance between the average ground level at the
building line and the highesk point c�f the roof for flat roof, to the
deck line o€ a mansard roof or io the highest gable on a pitched or
hipped raof.
Buildin� Line That line measured across the width of the lot at the
point where the main structure is placed in acc�rdance with setback
provisions.
Bailding. Principal A building in which is c�nducted the main or
primary use of the lot on which it is located:
Garwas . Princip�! Use A principal buiIding or use which is equipped
with a conveyor system and other mechanical equipment and facilities
for washing motor vehicles.
Carwash, Acc�ssorx An accessory huilding or parE of-a principal
building eguipped with meChanic�tl equipment for washing autos {not a
conveyer system) which is accessory to a gasoline station and
comprises only one normal service bay of the gas station.
Church A building, together with its accessory buildings and uses,
where persons regularly assemble for religious worship and which
buiTding, together with its accessary buildings and uses, is maintained
and controlled by a religious body organized to sustairr public worship.
City Engine�r The professional engineer employed by the City of
Rosemount.
Clearcuttins The removai of an entire stand of trees.
Club. Lod�e A non-profit organization catering exclusively to members
and their guests.
Cluster Housing The grouping of housing units which results in higher
density clusters while maintaining appr�ximately the same overali
allowable site density. Cluster housing shall include tow�houses, zero
lot'line houses, row houses and similar housing types.
Cluster Housing. Detached Single-I�amily dclached dwellings on lots
that are smaller than district requirements.
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Commission shall mean the Planning Commission of the City of
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Rosemount.
Commissioner shaU mean the Commissioner of the Department of
Natural Resources.
Comprehensive Plan A compilalion of p�licy statements, goals,
standards and maps for guiding the physical, social and economic
development of the City and including a land use plan, a community
facilities plan and a transportation pJan which has been prepared and
adopted by [he City of Rosemount.
Condominium A building, or grour of buildings, in which units are
owned individually, and the structure, common areas and facilities are
owned by all the owners on a proportional, undivided hasis.
Candominium Association The community association which administers
and maintains the common property and common elements of a
condominium.
Con�rgg��H sing Group housing f�r five (5) or more individuals �
not related by blo�d, marriage or adoption on a weekly or longer I
hasis. Typical uscs inctude retirement homes and boarding houses. �
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Canvenienee Store Motor Fuel 'tation A motor fuel s[ation that
offers for sale a limited amount of food and household produets, which
are in addition to those typically supplied at a motor: fuel station.
Council shall refer to the City Council of the City of Rosemount.
Day Care Center A use defined hy Chaptcr 462, Minnesota Statutes,
which is operated for profit for the daytime only care of children and
adults.
Densitv The number of dwelIing units residing1 upon, or to be
developed upon, a gross acre of land. ,
District An area of land for ��hich there are uniform regulations
governing the use of building5 ancl premises.
Dwelling Any building or portion thereof, which is designed or used
exclusively for residential purposes but not including rooms in motels, i
hotels, nursing homes, boarding houses, nor trailers, tents, cabins or
trailer coaches.
Dwelling. Single-Family Attached A dwelling which is joined" to
another d�velling at one or more sides by a party wall or walls and
has at least two (2} walls exposed to the outciaors. This definition
shall not include units which are joined to one another by floor or '
ceiling.
Dwelling. Sin�le-Family Detached A building designed for or occupied ,
exclusively by one family and attached to no other building. �
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� ' Dwellin�, Multi,�;te-Famil,y A resiclential building, or portion thereof,
containing three (3) or more dwelling units.
Dwelling. Two-Family, A residential building containing two (2)
dwelling units.
Fami� An individual, or two (2) or more persons related by blood,
. marriage or adoption, ar a group of not more than five {5} persons
not so related, living together as a single housekeeping unit using
common cooking and kitchen facilities.
Floor Area The sum of the gross horizontal areas of the floors af a
building or dwelling unit, measured from the exterior walls, or from
the centerline of party watls separating buildings, excluding basements.
Fuaeral ome A building used for the pre�aration of the deceased for
burial and the display of deceasec� and cexemonies connected therewith
before burial or cremation. - '
Garage. Private An accessory building or an accessory portion of a
principal building designed or used 'so}ely for the storage of aon-
,commercial motor vehicles, boats and similar vehicies which are owned
and used by the accupants of the building't� which it is accessory.
GarageJYard Sale The temporary display and sale of goods within the
garage and/or dxiveway of a residence.
Gasoiine Station. Full Service A structure plus` an area of land that is
used or designeci fc�r the sup�ly �af mc�tc�r vchicte fuels. Far the
purpose of this or�linance, this term shall als� ' mean an area or
structure used for greasing, changing the oil,' washing or repairing
automobiles when such uses are aceessory to the pri'ncipal gasoline
station use.
(;asoline Station. Self Service A sEructure plus an area of land that is
designed for the supply of motor vehicle fuels, where no other
automobile services are provided and ihe fuel is purnped only by the
customer.
Gross Floor Area (GFA) For the purpose of computing required
parking, Gross Floor Area is the Floor Area for the building excluding
accessory garages, underground parking, areas not enclosed by exterior
walls, mechanical rooms, patios, decks, restroorns, eievator shafts, or
stairwells:
Group Usable Open Space Open space associated with a multiple-
family development that is not part af a required yard, is relatiuely
free of buildings and is available for recreationai usage by the
residents.
Guest Room A room or group of rooms occupied, arranged or designed '
for occupancy by one (1) or more guests for compensation.
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Hazardous Waste Substances listed as "hazardous" or "toxic" in the ► '
Comprerhensive Environmental Response Compensation Act, 42 U.S.C.
Sec. 9601 et. seq.,the Resource Conservation and Recavery Ack, 42
U.S.C. Sec. 6901 et. seq., and regulations in,terpretin� such acts,
Minnesota Statute Sec. 116.06, Subd. 13 and regulations interpreting
such statute or any other federal, state or local law regulating toxic
or hazardous substances.
Home Oceu4ation A gainful occupalion conducted in" a residential i
building which is clearly secondary and incidental to the principal
residential use of said building and generates no appreciable increase
in traffic at any time ov�r that customarily associated with a
residential use. This occupation shall be carried on oniy by the
dwelling's occupants. there shall be no stock in trade stored on the
premises or over-the-counter retail sales.
Homeowners Association A community association, ather tharr a
condominium association, which is organized in a development in which
individual owners share common interests in operr space or facilities.
Hatel A building containing eigh[ (8) or more guest rooms in which �
lodging is provided with or withaut meals for compensatian and which �
is open to transient pr permanen[ �ucsts or both, and where no
provision is made for cooking in any guest room, and in whi'ch ingress
and egress to and from all rooms is made through an inside lobby or '
office supervised by a person in charge.
Interim Use A temporary use of property until a particular date, until
the occurrence of a particular event, or until zoning regulation no
longer permit it.
,Iunked Vehicle The term "junked vehicle" means any vehicle, 'as
defined in this section, which does not have lawfully aff'ixed� or
attached thereto an unexpired state registration or license plat or
plaxes, or the condition of which is wrecked, dismantled, partially
dismantled, in�perative, abandoned or discarded. �
Kennel Any lat or premises for the sale, boarding or breeding of
dogs, cats or other household pets. Kennel shall mean three (3) or
more animals aver six (6) months of age.
Lot A separate parcel, traet, ox area of land undivided by any public ;
street or approued private road, which has been established by plat,
metes and bounds subdivision, or as otherwise permitted by -law, and li
which is occupied by or intended to be cieveloped for and occupied by
a principal building or group of such buildings and accessory buildings,
or utilized far a principal use and uses accessory thereto, including
such open spaces and yards as are designed and arranged or required '
by this Ordinance for such building, use or development.
Lot Area The area of a horizontal plane bounded by the front, side
or rear lot lines, but not including any area occupied by the waters af
lakes or rivers or by street rights-of-way. ` �
Lot. Corner A lot which has at least two (2) contiguous sides �
abutting upon a street for their full length.
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' � Lot Caveragg The percent of the 1ot covered wiCh structures, paved
and other impervious surfaces.
Lot, terior A lot other than a corner }ot.
Lot Line The tines bqunding a lot as herein described.
Lot of Record A lot which is part of a subdivision or plat, an
Auditor's Subdivision or a registered Land Survey; or a parcel of land � '
not so platted, for which a deed has been recorded in the Dakota
Caunty Recorder's Office prior to October 19, 19�2,
Lot. ThrouQh A lot where opposite lot Iines abut two (2) parallel
streets and which is not a corner lot.
Lof Width The width measured along the front lot line or street line.
Manufacturin$, Custom The productian and sale on the premises of
hand manufactured products inuolving only the use of hand tools and
domestic mechanical equipment.
Manufactured Home "Manufactured h�me" means a structure,
transportable in one or more sections, which in the traveling cnode, is
eight (8) body feet or more in width or 40 body feet or more in
length, or; when erected on site, is 320 ar more square feet, and
which is built on a permanent ehassis and designed to be used as a
dwelling with or without a permanent foundation when connected to
the required utilities, and includes the plumbing, heating, air
conditioning, and electrical systems containeci therein; except that the
term inclucies any structure which meets all the requirements and with
respect to which thc manufacturcr voluntarity filcs a certification
required by the secretary and complies with the standards established
under this chapter.
Manufactured Home Park Any prernises on which two (2) or rnore
oecupied manufactured homes axe located.
Mineral Extr�tion The extraction of sand, gravel, rock or other such
material from the land.
Montessori School A school for children where the fundamental aim is
self-education.
Motel A building or group of attached or detached buildings under
common ownership containing eight (8) or more guest or sleeping
rooms which is used or intencicJ to be uscd primarity for the
accommodation af transient automobile travelers. This term shall
include buildings designated as auto courts, tourist courts, motor
courts, motor hotels and similar names.
Motor Frei�;ht Terminal A building or area in which freight brought
by motor truck is assembled and/or stored for routing in intra-state or
inter-state shipment.
Multiple-Familv Dwelline See l�welling, Multiple-Family.
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Non-Conformin� Llse A building or use of land which does not � '
conform to the regula[ions of the dislrict or zone in which it is
situated.
Non-Hazardous Industrial Waste Land Disposai Facilitv A facility that
acccpts and land disposcs of only non-hazardous industrial waste.
� Non-Hazardous Industrial Waste Solid waste generated from an
��u industrial or manufacluring prc�c,• ... Non-hazardous industrial tvaste
,�, ��°` � ; � sh____rall _not include: incinerator, resource recovery or power plant ash;
17"f �'r,,,M��� liquid was es; sewage sludge, including treated or digested sewage
a� ,yN' sludge; infectious waste; household garbage or refuse; non-hazardous
industrial waste that is economically feasible to recycle; radioactive or
nuclear waste; rendering or slaughterhouse waste; or hazaxdous
waste.
Nurserv School A school for children of preschool age.
Nursing Home An extended or intcrmediate care faciiity licensed or
approved to provide full-time conc�alescent or ` chronic care to
individuals who, by reason of advanced age, chronic illness or
infirmity, are unable lo care for themselves.
QfPic�,.,�'rofessignal A building in which professional and management
duties and services are carried out, including rnedical and dental
clinics and offices; psychiatrists and psychologists offices;
architectural, engineering, planning and legal �ffices; and similar uses.
Offices. Business A huilding(s) in which husinrss caf a non-retail
nature and clerical services and dulies are carried out, including
corporate offices, banks, credit unions, insurance and real estate
�ffices ancl including muitiplc-t�nan[ officc l�uilaings.
Open Saace Any unoccupied space open to the sky on the same lot
with a building.
Ordinary High Water Line (OHWL) A line delineating the highest
water level which has been maintained for a sufficient period of time '
to leave evidence on the landscape. The ordinary high water mark is
commonly that point where the natural ve�etation changes from
predominantly aquatic to predominantly terreslrial.
Passenger Vehicle A motor ��ehicle ���hich meets the criteria for
"passenger" class registration and license plate as established by the
Minnesota Department of Public Safety.
Performance Standard A criterion established to control noise, odor,
toxic or noxious matter, vibration, fire and explosive haaards, or glare
or heat generated by or inherent in uses of land or buildings.
Ptanned Unit Develo�,ment A process to acquire rezoning and/or
variances from ordinance requirements which includes the preparation
of and a commitment to the implementation of 'an approved plan.
Principal Use or Structure The main use to which the premises are
devoted and the principal pur�ose f'or which the premises exist,
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' � Private Pro,pertv The term "private pro�erty" shall mean any real
praperty within the City which is privateiy owned and which' is not
public property as defined in this section.
Proteeted Waters Any waters of the State which serve a beneficial
public purpose, as defined in ivtinnesota Statutes 197b, Section 105:37,
Subdivision 6. However, no lake, ��nd or flowage of less than ten
(10) acres in size and no river or stream hauing a total drainage area
less than two {2) syuarc milcs shall bc rc�;ulatcd as Pr�lected Waters
for the purposes of shoreland management.
Pub`lie Hearia¢ An officiat puhlic meeting for which notice has been
published in the official newspaper.
�'�blic Pro ertv The term "public property" means any street or
highway and includes the entire width between khe boundary lines af
every way publicly mainlained far the purposes of vehicular travel, and
shall also mean any other public(y awned property or facility.
Publication A notice placed in the c>fficial newspaper.
Recycting Operation An area where used, waste, discarded, or
salvaged materials are bought, sold, exchanged, stared, baled, cleaned,
packed, disasseml�led or handled, including but nat limited to serap
iron, and other metats, �aper, rags, hottles and lurnher. '
Recreation Vehicie A vehicle which mec:ls the criteria for "recreation"
class registration and license plate asr�established by the Minnesata
Department of Pubtic Safety.
Residen�i�1 Fa�ilities A residential use defined by Chapter 462,
Minnesota Statutes, which provides 24-hour housing for the u�entally
retarded and physicatly handicapped and foster care patients.
Ri�ht-Of-Wav A street, alley or easement permanenily established for
the passage of persons and ve�icle� including the traveled surface of
lan�ls adjacent that are formally dedicated to such usage.
Setback The minimum horizontal distance between a lot line and a
building line or use.
Shappin� Center A group of unified commercial establishments lacated
on a single `land parcel and consisting of not less than four (4}
distinct business entities which share or jointly use parking facilities.
Shoreland Lands located within 1,000 feet of the OHWL of a lake,
pond or flowage and within 300 feet of a river or stream or the -
landward extent of a floodway designated by ordinance and th� Zoning
Map on, such river or stream, whichever is greatex. The practicat
limits of shorelands may be less than the statutory limits whenever ,
the waters involved are bonnded by topographic divides which extend
landward from the OHWL for lesser distances.
Shore Impact' Zone Lands located adjacent to and within 100 feet of
the OHWL of a public water.
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Solar Collector A device, structure or part thereof that transfers , +
direct solar energy into thermal, chemical or etectrical energy and
that contributes significantly l� a structure's energy supply. To be
utilized in a cost effective manner the collector should be oriented to
within 22-1/2° true south.
Street A publie thoroughfare which affords the principal means of
access to abutiing property.
Street Line The legal line of demarcation between a street and
abutting land.
Strueture Anything constructed or erected, the use of which requires
a location on the ground, or attached to something having a location
on the ground.
se The purpose or activity for which the land or building thereon is
designed, arranged, or intended, or for which it is occupied or
maintained and shall include any manner of perforrnance of such
activity with respect to the performance standards of this ordinance.
U�s Permitted bv PUD A use which is �crmitted only if the PUD
proceclure is used and a plan is formally ap�rbved by the City.
Use. Permitted bv Ri�ht A use which is unconditionally permitted in
the district under which it is listed.
Use'. Public and Institutional A government, non-profit or quasi-
public use or institution such as a church, library, public or private
school, hospitai or municipally owned or operated building, structure or
land use for public purpose, or a use owned or opera[ed by a non-
profit, religious or eleemosynary institution and providing educational,
cultural, recreational, religious or similar types of public programs.
' Ve itle The term "vehicle" means any vehicle which is self-propelled
or designed to be pushed or pulled and shall include, but not be
limited to, automobiles, buses, m�lc�rbikes, motorcycles, motor scooters,
trueks, tractors, go-carts, golf carts, campers, trailers, boats, planes
and gliders.
Wetlands Swamps, marshes or drainage basins as defined in U.S. Fish
and Wildlife Circular No. 39 (1971 Edition). For the, p,urposes of
shoreland/wetland regulations, wetland types 3, 4 and 5, of at least 2.5
acres in size, will be regulated.
Wetland Alteration Any activity that will change ar diminish the
course, current, or cross-section of a public water.
Yard or Setback A required open space on a lot which is unoccupied
and unobstructed from the ground upward, except as otherwise
provided for herein. The measurement of a yard shall be construed as
the minimum horizontal distance between the lot line and the building
line.
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' ° Yard, Frant A yard extending along the full width of the front lot
line between side lot lines and extending from the abutting front
street right-of-way line to a depth required in the yard regulations
for the district in which such lot is located. On a corner lot the
narrowest, street dimen5ion shall ,� the front yard.
Yard, Interior Side A side yard which is not adjacent to a street.
Yard. Rear A yard extending alang a side lot line between the front
and rear yards, having a width as s�ecified in the yard re�ulations for
the district in which such lot is located.
Yard. Street Side A side yard which is adjacent to a street.
Zero Lot Lin�e Housins Single-family dclached dwellings located on
individual lots which are a�:s��nd��a to have no selback from one or
more lot lines.
�,onipQ Distrfct See "District." :
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SECTION 4 GENERAL PROVISIONS ' s
These provisions apply to a}l districts.
SECTION 4.1 SCOPE AND INTERPRETATION
A. SCOp@ No structure, or part, thereof, shall be erected, converted,
enlarged, reconstructed, altered or moved and no structure or land
shatl be used for any purpose or in any manner which is not in
conformity with the provisions of this ordinance.
B. Interpretation In their interpretation and application, the
provisions of this ordinance shall be held ta be the minimum '
requirements for the promotion of the public health, safety, morals �'�
and general welfare.
SECTION 4,2 LOT PROYISIONS
A. LQts of Record
l. No lot of record shali hc reduced in size below the district
requirements �f this �rdinance.
2. A lot of record shall be deemed a buildat�le lot even though
the lot area and/or dimensions are less than those required
for the district provided as follows:
a. It fronts on a public street.
h. Minimum rcyuircmcnts for priv�atc r�r puhlic �uiility servicc � �
arc met.
c. Evidence must be presented that the lot in question met
minimum requirements for the divisian of property under
ordinance regulations in effect at the time of the division
of property.
B. One Building P�r Lot Except for PUD, or a multiple-family
project, not more than one (1) principal building shall be located
on a lot.
SECTION 4.3 SEWER AND WATER - SINGLE-FAMILY DWELLINGS
Single-Family Dwellings which are not connected to the municipat
sewer system shall be permitted only when the requirements for
private on-sile sewer systems have been satisfied.
SECTION 4.4 ATTACHED DEVELOPMENTS
A. All Attached Developments which share the ownership of common
open spaces or other facilities (i.e. driveways or utility services}
shall be required to have condominium association ciocumentation
consistent with State Statutes. '
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B. Sin�le-f�,�nily Attac�gd �w�llin� without cornmon open spaee or
shared facilities shall have FHA Party Wall, Maintenance or
comparable agreements consistent with State Statutes. -
SECTION 4,5 ROOF-TOP MECHANICAL SYSTEMS
All outside rooftop mechanical systems shall be completely screened
from public streets and "R" Districts.
SECTION 4.6 REQUIRED YARDS AND OPEN SPACE
A. Reduction No yard or other npen space shall be reduced in area
ax dimensian so as to make such yard or other ope� space less
than the minimum required by this ordinance. If the existing yard
or other open space as existing is less than the minimum required,
it shall not be further reduced.
B. Relative to Other Buitdi�s No required yard or other open space
allocated to a building or dwelling group shall be used to satisfy
yard, other open space or minimum lot area requiremenEs for any
other building.
S�CTION 4.7 STREET ACCESS REQUIRED
Every building hereafter erected shall be located on a lot having
frantage on a public street as defined herein. � �
SECTION 4.8 PRIVATE STREETS ANU UTILITIES
All streets and utilities n4t located within a public right-of-way must
be maintained by the owner.
SECTION 4.9 OUTDOOR STORAGE
Except as specifically authorized by this ordinanee, all equipment,
merchandise, materials, supplies, unlicensed vehicles, junk vehicles,
trash and junk, and finished and semi-finished products shall be stored
within structures as defined herein. This provisian does not apply to
clothes line poles, lawn furniture, picnic tables and playground
equipment as associated with residentiai use. -
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A. Storin� or Parking Junked Vehicle Prohibited It is unlawful for'
any person to park, store �r leave any junked motor vehicle,
whelhcr attended or not, upon any public or private property
within the City, or for any person, as an owner of or an occupant
having control of private property within the City to permit the
parking, storing or leaving of any junked vehicle upon such
private property, unless such junked vehicle is within an enGlosed
building or structure lawfully situated upon private property or is
, so parked, stored or left upon private property lawfutly zoned and
Qperated as a Recycling Operation.
B. Woodpiles Woodpiles shall be maintained in a neat, safe and
orderly fashion. They shall not be stored in the front yard or
nearer the front lot line than the principal building or less than
five (5) feet from a lot line.
,
G Recreatioh Vehicles RVs shall not be stored outdoors in any but
the "AG" and "R" Districts. Within "R° Districts RVs shall not be
stored in the front yard or nearer the front lot line than the
principal building or less than five (5) feet from a 1ot line. RV
storage is limited to RVs owned by those residing on the premises.
D. Trash Aad .iunk All sotid waste material, debxis; refuse, garbage,
junk or similar material shall be kepE within tightly closed
containers designed for such purpose. The containers shall be
kept in an enclosed area between days of scheduled pickup.
SECTION 4.10ANIMALS
A. Keepin� Animals The following animals may he kept in the City:
1. Domestic animals are an allowed use in all zoning districts.
2. Horses are an allowed use in `all zoning districts provided:
a) The minirnum 1ot size is five (5) cares.
b) The number of horses does not exceed one (1) �er two (2)
acres.
3. Farm animals are an allowed use on all farm property. Farm
animals may not be confined in a pen, feed lot or building '
within one hundred (100) feet of any residential dwelling not
owned or leased by the farmer.
4. Animals being kept as paxt of the Minn�sota Zoological
Garden's or St. Paul Camo Z�o docent programs are an
allowed use in all zoning districts. Before such animals are
allowed, however, the participant in the prograrn must notify
the City Clerk in writing of their participation in the program
and identify the animal being kept.
S. With the exception of animals allowed by 4.10 l, 4.10 2, 4.10 3
and 4.1Q 4, na other animal:s are allowed.
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� � 6. Animals may only be kept for commereiai purposes if
authorized in the zoning district where the animals are '
located.
7. Animals may not be kept if they cause a nuisance or endanger
the health or safety of the communily.
B. Care of Animals Animals kept wichin any zoning district shall be
subject to khe following requirements:
1. The siae, number, species, facilities for and locatian of
animals kept shall be maintained so as not to conskitute a
danger or nuisance by means of odor, noise ar atherwise.
2. The person caring for any_ animal(s) shall be of sufficient age,
knowledge and experience to adequately and safely care for
and cantrol the animal(s).
3. Facilities for housing animal(s) shall be;
a. Constructed of -such material as is appropriate for the
animal(s) involved.
b. Maintained in good repair.
c. Controlled as to temperature, ventilated and lighted
compatible with the health and comCort af the animal(s).
d. Of sufficient size to allow each animal to rnake normal
postural and social adjustments wilh adequate freedom of
movement. Inadequate spaee may be indicated by evidence
of malnutrition, poor condition of debility, stress or
abnormal behavior patterns.
� c. Cleanecl as caft�en as ncccssar}� lo prevc:�nt cc>ntarninat�ion af � � � � �� � � �
the animal(s) contained therein and to minimize disease
hazards and reduce odors.
4. Animals shall be provided wholesome, palatable food and water
free from contamination and of sufficient quantiCy and
nutritive value to maintain all animals in good health.
5. Animals kept in pet shops or kennels shall be kept in
accordance with regutations for 'pet shops and kennels in
addition to the regulations provided by this ordinanee.
SECTION 4.11 TEMPORARY BUILDINGS
Temporary buildings incidental to construction work on the premises
shall be permitted provided such buildings are removed upon
completion ar abandonment of said construction.
S�CTION 4.12 SATELLITE DISHES AND SOLAR COLLECTORS
Satellite dishes and solar collectors shall be pexrnitted in all districts
provided they comply with the yard requirements for principal
buildings.
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SECT[ON 4.13 GARAGE SALES
Temporary garage sales shall comply with the following requirements:
A. The sale shall not be more than' four (4� successive days in
duration.
B. Not more th�n three (:ij such sales are permitted on the premises
in a calendar year, and
£. There shall be at least one (1) month between sales on the same
premises.
SECTION 4.14 TEMPORARY DWELLINGS I
The use and occupancy af a manufactured home, tent, RV or other
temporary dwelling for the purpose of living quarters is not permitted
in any district.
SECTIQN 4.15 SINGLE-FAMII.Y DWELLING REQUIREMENTS '
A11 single-family detached dwellings shall be constructed according to I,
the following minimum standards: '
A. All dwellings sha(1 have a minimum width of twenty-four (24) feet. .
B. All dwellings shall have a permanenx frost-free foundation as
defined by the applicable building code. Split level, s�lit entry
and earth sheltered homes shall be considered to comply with this
requirement.
C. Main roofs shall have a minirnum pitch af 3:12 per definition of
the applicable building code.
D. Roofs shall be shin�led with asphalt, wood, tiles, sod or other
comparable materials as approved by the appiicable building code.
E. Metai siding, with exposed panels exceeding sixteen (16) inches in
width, shail not be permitted.
F. Earth sheltered homes will be permitted on the basis of site
conditions, which are conducive to such housing, or in areas
where changes to existing site conditions are complimentary to the
site and adjacent properties and the existing character of property ,
and structures in the area. ;
SECTION 4.16 HOME OCCUPATIONS i
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A. Home occupations shall be canducted solely by persons residing in
the residence.
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3 " B. All business activity and storage shall take place within structures.
C. There shall be no atteration to the exterior of the residential
dwelling, accessory building or yard that in any way alters the
residential character of the premises.
D. No sign, dispiay or device identifying the aceupation shall be used.
E. The occupation shall nat be visible or audible from any property
line.
F. Said oceupation shall rrot involve the retail sale or rental of
products on ihe premises.
G. Unless completely enclased within an approved structure, no
vehic�e used in the conduct of the occupatio� shall be parked,
stored or otherwise present at the premises other than such as is
custamarily used for domestic or household purposes such as a van
or 3/4 ton truck.
H. Only on-site off-street parking facilities normal for a residential
• use shall be used.
I. The conduct of an occupation or the use of substances which may
be hazardous co or rnay in any way je�pardize the health, safety
or welfare of neighbors and neighboring praperty shall not be
pexmitted.
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SECTION 5 ZONING DISTRICTS
SECTION 5.1 ESTABLISHMENT OF DISTRICTS
For the purpose of this ordinance, the City of Rosemount, Minnesota,
is hereby divided into the following zoning districts:
AG AGRICULTURAL DISTRICTS
AG-P AGRICULTURAL PRESERVE DISTRICTS
RR RURAL RESiDENTIAL nISTRICTS
RL LOW DENSITY SINGLE FAMILY RESIDENTIAL DISTRICTS
R-1 SINGLE-FAMILY pETACHED RESIDENCE DISTRICTS
R-2 SINGLE-FAMILY ATTACHED RESIDENCE DISTRICTS
R-3 MULTIPLE-FAMILY RESIDENCE DISTRICTS F
R-4 MUL'TIPLE-FAMILY RESIDENCE DISTRICTS
C-1 CONVENIENCE COMMERCIAL DISTRICTS
C-2 COMMUNITY COMMERCIAL DISTRtCTS
C-3 HIGHWAY SERVICE COMMERCIAL DISTRICTS i
C-4 GENERAL COMMERCIAL DISTRICTS
IP INDUSTRIAL PARK DISTRICTS
IG GENERAL INDUSTRIAI, DISTRICTS
WM WASTE MANAGEMENT DISTRICTS
P PUBLIC AND INSTITUTIONAL DISTRICTS i
FW FLOODWAY DISTRICTS �
SECTION 5.2 ZONING DISTRICTS MAP �
The boundaries of these districts are hereby defined and established on
a map entitied "Zoning Map City of Rosemount, Minnesota," dated .
of , 1989, which map and all explanatory matter thereon is
hereby made a part of this ordinance.
SECTION 5.3 INTERPRETATION QF ZONING I}ISTRICTS`MAP
Where uncertainty exists with respect to the boundaries of any
districts indicated on the Zoning Map, the following rules shalt apply:
A. Boundaries indicated as approximately following the center line of
streexs or highways shatt be construed as fQllowing the center
lines of said streets or highways.
B. Boundaries indicated as approximately following lot line$ shall be
construed as following such lot lines.
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C. Boundaries indicated as approximately following City boundary
lines shall be construed as following such boundaries.
D. Boundaries indicated as approximately following railroad lines shaYl
be construed to be midway between the main tracks.
E. Boundaries indicated as appraximately parallel to the center lines �
of streets or highways shall be construed as being parallel thereto i
and at such distance therefrom as indicated on the official Zoning
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SECTION 6 DISTRICT USE REGULATIQNS
SECTION 6.1 AG AGRICULTURAL DISTRICTS
A. Purpose and Infent. This district is primarily established to
encourage the long term continua[ion of ag.r;i,cuttural and related
uses in the City in areas which are both suitable for agriculture
and are not planned for urban development until after the turn of
the century.
B. Uses--Permi�te by Rieht
l. Agriculture, accessory and related uses.
2. �ommercial. �reenhausss and l�nds�,aAe nurseries.
3. Home occupations ' subject to requirements established in
Section 4.16 of this Ordinance.
4. Veterinary clinics. kennets and furbearing animals provided as
follows:
a. The site shall be not less it�an twenty (20) acres in size.
b. All structures shall be located a minimum of seventy-fiue
(75) feet from all residential property tines.
5. The keeping of Horses provided as follows
a. The site shall be not less than five (5) acres in size.
b. All structures shall be located a minimum of seventy-five
(75) feet from all residentiai property lines, a.nd ,
e. The maximum number of horses shall not exceed one (1)
per two (2) acres.
6. The raising or keeping of commercial livestock and fowl
(cattle, sheep, hogs, poultry, etc.), dairy farming and
commercial horse stables provided as follaws:
a. The site shall not he less than twenty (2Q) acres in size,
and
b. All structures shall be located a minimum of seventy five
(75) feet from all residential property lines.
7. Stands for the sale of agricultural products provided said
products are at least in part raised on the premises.
8. Single-familv detached dwellings and accessory structures
provided all dwellings shall meet all site dinnensional sX��}�iards
as established by Section 7.1 and the City's minimum
requirements for on-site sewer systems.
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6.2 AG-P AGRICULTURAL PRE5ERVE DISTRICTS
A. Purpose and Iatgnt This district is expressly established to allow
land owners to comply with the requirements of the Metropolitan
Area Agricultural Preserves Act, Minnesota Statutes, Chapter 473H.
B. Uses Permitted By Ri$ht� All uses permitted in Section 6.1 B.
subject [o subjec[ to site dimensional standards established by
Section 7.1 and the City's minimum requirement for on-site sewer '
systems
SECTION 6.3 RR RURAL RESIDENTIAL DTSTRICT '
A. Purnose And Intent It is the purpose of this district to provide
for a large lot rural residential lifestyle which is separate frorii :
and not in confiict with commercial agricultural activities. Within i
these districts, public sewer and water systerns are not available ;
and on-site systems shall meet the City's minimum requirements. ;
B. Uses Permitted Bv Ri�fits
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l. Si�zgle-family detached dweliing� and accessory strt��tures:
2. Comrnercial horse -stables on not less than twenty (20) acres �
provided all structures sha11 be located a minirnum of seventy-
five (75) feet from all residential property lines.
3. Roomers The leasing of rooms to not more than two roomers
provided no signs are displayed, the rooms are not equipped
with kitchen facilities of any kintl and one on-site parking
space is pravided for each roomer in addition ko the minimum
number required for the residence.
4. Private Non-Commercial Recreation customarily associated with
a residence and including such uses as tennis courts, swimming
pools and cabanas provided they are located no nearer the
front lot line than the principal structure and are not less
than ten (10) feet from a property line. Swimming pbols shall
comply with Section 5-3-1 of the Rosemount City Code.
5. Home accu�ations subject to requirements established �n
Section 4.16 of this Ordinance. ,
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SECTION 6.4 RL LOW DENSITY SINGLE FAMILY RESIDENTIAL i
DISTRICT
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A. Purpase And Intent The purpose of this district is to allow low
density residential development within the Ntetropolitan Urban
Service Area while minimizing negative environmental impacGs on i
areas with greatest physical amenities (rolling topography, forest,
water bodies). The 20,000 square foot rninimum lot size will �
accommodate larger homes than the R-i (1Q,000 sqaare foot lot
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size) Districc, will mandate increased structure separation and will
allow for more selective siting of homes.
B. Uses Permitted By Rieht
L Singlg-family detached �wellin�s, private garages and accessory
structures.
2. Day-care centers licensed by the State of Minnesota for
twelve (12} or fewer persons. Unlicensed centers"shall comply
with the requirements of Customary Home Oecupations.
3. Residential facilities licensed by the State of Minnesota
serving six (6) or fewer persons.
4. Home qccu}�a�ions subject to xequirements established in '
Seetian 4.16 of this Ordinance. '
5. Day-care Centers Nurse� and Montessori Schoo�s licensed by
the State of Minnesota provided they are located within an
elementary, junior high or senior high school or a religious
institution.
6. Private Non-commercial Recreation subject to the restrictions
established in 6.3 B6. - -
?. Roamers subject to the restrictions established in Section 6.3
B5. ,_ e
C. Uses I'ermitted Bv Planned Unit Developmen (PUD) ,
1. Si�n�L Fanpily Detached Cluster o ing
SECTION 6.5 R-1 SINGLE-FAMILY DETACHED RESIDENCE DISTRICT
A. Furpose And Intent This is a low density residential district
which is located within the Metropolitan Urban Service Area and -
is intended to accommodate traditional single-family detached
dwellings. Dwelling units within this district are intended to be
connected to the pubtic sewer and water systems.
B. Uses Permitted Bv Ri�ht
1. Single-famil,y detached dwellings, private garages and accessory
structures.
2. Day-care centers licensed by the State of Minnesota for
twelve (12) or fewer persons. Unlicensed centers shall comply
with the requirements for Customary Home Occupations.
3. Residential faciliiies licensed by the State of Minnesota
serving six (6) or fewer persons.
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4. Home occupations subject to subject to requirements ' �
established in Section 4.16 of this Ordinance.
S. �av-care Centers Nursery and Montessori 5chools licensed by
the State of Minnesota provided the� -are located within an
eiementary, junior high or senior high school or a""religious
institulion.
6. Private Non-commercial Recreation subject to the restrictions i
established in Section 6.3 C4.
7. Roomers subject to the restrictions established in Section 6.3
C3.
C. Uses Permitted Bv Planned U�it Development (PUD) �
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1. Sin�le Familv Detached Cluster Housin�
SECTION 6.6 R-2 SINGLE-FAMILY ATTACHED RESIDENCE DISTRICT
A• Purp,�e And Intent This is a low to medium density residential
district whieh is located within Ehe Metropolitan Urban ServiCe
Area and is primarily, but not exclusively, intended to
accommodate attached single-family dwellings. Dwelling units
within this district are intended to be connected to fhe public
sewer and water systems.
B. Uses Permitted By Right
1. Atl Uses Permitted By Right in the R 1 District. Refer to
Section 6.4 B.- _ _ __
2. Attached Sin�le-Familv Dwellin,g,s at densities not greater than
three (3) units per gross acre. - : -
3. All Uses Permitted bv Section 6 4 G subject to the same
restrictions. .� , ,._
4. Attached Single-Family Dwellin,gs up to a density of six (6)
units per gross acre pro�-ided as follows `
a. The parcel is near or at the edge of the neighborhood
(the edge being`� defined as a major thoroughfare or a
change in land use); and
b. Sewer capacity is sufficient to accommodate higher density
development in the area. �
D. Uses Fermitted Bv Planned Unit Development (PUD)
l. Sin�le-FamilY Detached Cluster Housi�
2. Manufactured Home P�,rks subject to the following minimum
requirements: .
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a. Permitted Uses:
1) Manufactured homes and accessory structures.
2) Community building, management office, private
recreation facilities,
3) Condominium style manufactured home parks.
4) Pubtic and institutional uses required hy the resident
population.
5} Home occupations subject to requirements estabiished
in Section 4.16 of this Ordinance.
b. Required CondiUons:
1) Manufactured homes not meeting requirements in 4.15
are permitted only in planned manufactured home
parks. The PUA procedure is reyuired for all park
proposals.
2) Manufactured home parks must be serviced by public
sewer and water systems.
3) Manufactured homes must have a full basement or must
. , be affixed to a permanent frost free foundation with a
completely enclosed crawl space.
4) Only manufactured homes certified as meeting current
HUD "Manufactured Hame Construction and Safety
Standards" shall be permitted, unless evidence is
furnished that manufactured homes meeting prior HUD
codes have been updated to meet current canstruction
and safety standards and upon inspeclian have been
found safe and fit for residential occupancy.
5) Publicly owned and maintained streets and utilities
must be designed and constructed according to '
minirnum City specitications for other residential
developments.
c. Site/Design Requirements:
1) Minimum site area far manufactured home parks is
forty (40) acres.
2) Manufactured home parks shall have at least one (1)
property line abutting a major street, as defined by
the Compreher�sive Guide Plan.
3) All structures within manufactured home parks shall be
set baek a minimurn of fifty (50} feet from all adjacent ,
property lines. Said setback area shall be provided
with a dense combination of earthen berms and plant
materials, specific plans for which must be approved by
the Planning Commission.
4) Dedication for parks and recreational uses shaIl be
determined according to the requirements of the
Subdivision Ordinance. The City Couneil shall '
determine whether land or cash in lieu o#' land shall be
required, and; in the case of land dedication, whether
the land shall be publicly or privately owned and
maintained.
5) Streets and utilities in manufaetured home parks under
single ownership sha21 be privately constructed, owned
and maintained.
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6) Privately owned utilities shall be designed and � j
constructed to meet the minimum specifications of the
Minnesota Department of health and the Minnespta
Pollution Control Agency.
7) Private streets shall be constructed to meet minimum
City specifications and shall be paved to a minimum
width of thirty-two (32) feet where on-street parking
is permitted. Where parking is permitted on one side
only and signs are p�sted, the minimum street width
shall be twenty-four (24) feet.
$) The City"Council shall determine whether streets and
utilities in condominiurn style manufactured home parks
may be publicly owned and maintained.
9j All manufactured home parks shall be designed with a
minimum of xwo (2) access points on public
thoroughfares, providing full ingress and egress at each
location.
10) Each manufactured home park shalt provide a storm
shelter or shelters of sufficient capacity to safely
protect all of the residents of the park in case of a
storm emergency. In lieu thereaf, the Flanniug
Commission may approve basement shelters within eaeh
unit provided the minimum standards for safety are
assured.
11) The outdoor storage of recreation vehicles shall not be
' permitted except as provid�d for in the R-3 District.
Refer to Section 6.7 B10.
SECTION 6.7 it-3 MULTIPLE-FAMILY RESIDENCE DISTRICT ,
A. Purpose And Intent This is a medium to high density residential
district which is intended to be located within or near the
Rosemount Central Business District (CBD) where streets and
utilities are sufficient in capacity to accommodate higher density
development and where shopping and recreational facilities are
available within close walking or driving distance. Housing types
include such as apartments, condominiums and townhouses. It is
intended that this District provide a blend of housing, reereation
and open space opportunities.
B. Uses Permitted Bv Itight
1. Two-Fatnily Dwellin,g,s and aceessory uses.
2. Multiple Family Dwellings Apartments and accessory uses.
3. D�v-Care Centers Nurser�and Montessori Schoolc licensed by
the State of Minnesota.
4. Residential Facilities licensed by the State of Minnesota for
sixteen (16) or fewer persons.
S. Nursing Retirement and Boarding Homes.
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6. Home (�ccupations subject to the requirements established in
Section 4.16 of this Ordinance.
7. Funeral Hannes and Mortuaries provided as follows:
a. The site shali be at least one (lj acre in size,
b. No principal� or accessory building or surface parking 'shall :
be closer than thirty (30) feet to an "R" District property
line, and
c. All buildings shatl be designed to be compatible in
appearance with surrounding residential buildings.
8. Private Non-Commerciat Recreation customarily associated with
a multiple-family and ittcluding such uses as swimming pobls,
tennis courts, cabanas, community recreation buildings, etc.,
pravided they are located no nearer the front lat line than
the principal structure and are set hack from lot liues the
distance required for accessory structures (refer to Section 7.2
A). Swimming pools shall comply with Section 5-3-1 of the
� Rosemount City Code.
9. Recreation Vehicle Storage acc�ssory to the multiple-farnily
community provided as follows:
a. All storage shall be within a building or a central storage
area, or be subjecx to the fallowing requirements:
1) Outdoor storage shall not be within a required yard,
and
2) If noC stored within a building, the storage area shall
be screened Crom view frorn all public streets and "R"
Districts by a six (6) foot high wall, fence and/or
plant materials providing 90% opacity during all seasans
of the year.
SECTION 6.8 R-4 IYIULTIPLE-FAMILY RESIU�NCE DI�TRICT
A. Purpose And Intgnt This is exclusively high density residential
district which is primarily intended to ac.commadate high rise
apartments and condos and senior citizens housing. It is the
inxent of this ordinance that this District be within or adjacent to
the Rosemount CBD to provide for maximum convenienee and
accessibility for residents.
B.Uses Permitted By Ri�ht
1. Multiple-Fami]y Dwellin�s and accessory uses.
2. Con reg,ate Housing
I
3. Residential Facilitie,� licensed by the State of Minnesota for
sixteen {16) or fewer persons.
4. Nursing, Retirement and B arding Homes.
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5. �rivate Non-Commercial Recreation customarily associated with �
a multiple-family and including such uses as swimming poqls,
tennis courts, cabanas, community recreation buildings, etc.,
provided they are located no nearer the front lot line than
the principal structure and are set back from lat lines the
distance required for accessory structures (refer to Section 7.2
A). Swimming pools shall comply with Section 5-3-1 of the
Rosemount City Code.
SECTION 6.9 C-1 CONVENIENCE COMMERCIAL DIST�ICT
A. Purpose And Intent The purpose of the Convenience Commercial
District is to provide convenience shapping and self service
gasoline services to a sub-area of the community.
B• i se �.'�i�� Bx Ri�6t
L Self-Service Gasoline and Fuel Stations Convenience Store
Motor Fuel tation including accessory car washes subj�ct to
the following restrictions
a. Except for gas pum�s, all operations shall be eonducted
within the principal building.
b. Where abutting an "R" District, a screen wall or fence
five (5} feet in height and hauing 90�10 opacity shall be
required along the common property line between the
uses. Said fence shall be properly maintained by the
owner or lessee.
c. Parking and maneuvcring areas shall be paved and curbs
six (6) inches above grade shall be prauided no less than
five (5) feet from all property lines which adjoin a public
street.
d. The site shall be planned so as not to permit water from
a car wash to run into a puhlic street or a�cesses thereto,
A drainage system shall be installed subject to the
approval of the City. '
e. Pump islands and canopies shall conform to yard
requirements or a minimum of twelve (12) feet from a
street right-of-way whichever is greater.
f. Parl�i�g for employees, customers and stacking shall b�
provided in accordance with Section 8.
g. Artificial lighting shall be accomplished so as to have no
direct light source visible from a public street or an "R"
District.
SECTION 6.1d C-2 COMMUNITY COMMERCIAL DISTRICT
A. Furpose And Intent This Diatrict correlates only with Downtown
Rosemount which is intended to serve the entire city. The
downtown area is intended to be a diversified commercial center '
which offers the full range of comparisan goods, sales and
services, cultural and civic, entertainment, financial and offices
and public uses. Because the downtown is an area of relatively
26
. �
� �
higher intensity development and consists of buildings and uses
which pre-date zoning regulations, the City is intended to play a
role in the provision of parki�g and related public improvements.
Thus, normal yard, parking and lot requirements da not apply
within this District.
B. Uses Permitked Bv Rieht
L Accessory Apartments.
2, Professional and Business Offices.
3. All Retail Goods and Service Establishments conducted within
structuxes but excluding automobile a}�d equipment sales,
services and repair establishments; truckstops; drive-thru
restauranxs; gasoline and fuel sales; car washes; and
commercial autdoor recreational uses.
4. �ustom Manufacturin� not to exceed a gross €loor area of
2,000 square feet with at least 1/13 of said spa�e to be used
for retail sales and display purpases.
5. Ou�door Disnlay of Merchandise for direct sale, rental or lease
provided said merchandise consists only of finished products
and not disassemb7ed merchandise parts or junk; except that
new products which are customarily sold unassembled and are
intended for consumer purchase and assemhly are permitted to
be displayed.
6. Video Arcades subject to the following restrictians.
a, Any arcade with fifteen (15) or more machines shall have
an adult supervisor on duty during all hours of operation,
h, No arcade shall be operated within 500 feet of a school,
church or residence unless it is an integral part af a
shopping center and does not have an enfrance : except
from within the shopping eenter.
D. Uses Permitted By PUD All uses required to use PUD by Section
6.9 C.
SECTION 6.11 C-3 HIGHWAY SERVICE COMMERCIAL DISTRICT
A. Purpose And Intent This are highly specialized district which are
located in high vehicular traf fic zon�s with high visibility. It is
primarily intended to satisfy the needs of passing motorists.
B. Uses Permitt�d BY Ri�ht
1. Automobile Equinm,gnt Sales and Repair Shog� including
transmission, body, paint, muffler, engine, glass, battery and
tire sales and services.
2. Eating Estab}ishm�nts including truckstops and drive-ups.
27
, ,
� '
3. Hotels and Motels and accessory uses.
4. Car Washes including drive-thru and conveyor types subject to
the special restrictions established for Self-Service Gasoline
Stations in the C-1 District. Refer to Sectian 6.9 B7.
5. Full-Service Gasoline and Fuel S[ations subject to the special
restrictions established for Self-Service Stations in the G1
District. Refer to Section 6.9 $7. '
6. (�utdoor Display of Merchanciise subject to the special
restrictions established for the C-2 District, Refer to Section
6.1Q B6.
7. RQcreation Commercial-Outdoor provided all improvements '
conform to setback requiremenxs for principal buildings in the ;
district and no faciiities are closer than fifty (50} feet to`an '
"R" District boundary.
C. iTses Permitted Bv FUD All uses required to use PUD by Section '
6.9 C. �I
I
SECTIpN 6.12 C-4 GENERAL COMMERCIAL DISTRICT
A. Purnose And Intent This district is' intended to accommodate a
broad range of retail goods and services which serve the entire
community. Though not exclusively, businesses in this district are
relatively freestanding and tend to occupy ,independent building
sites. They depend on good accessibility, high visihility and I
relatively large volumes of traffic and are therefore found along I
major streets.
B. Uses Permitt�d By Ri�ht
1. Acc�,ssory A�artments.
2. A�ricultural Implement Sales and Services.
3. ,�,�„�omobile EQuipment Sales and Re,pair Sho�s.
4. Aut4mobile and RV Sale� Service and Rental,
5. Business SchoQls.
6. Business S xvic II
e es ancl Re„�,airs including office supplies and
equipment.
7. Clubs and Lodges-Private.
8. Commercial Recreation-Ir��loor: bowling alleys, pool halls,
racquetball and tennis courts and roller rinks.
9, Communications Services inc(uding radio and TV broadcasting �
stations and studios but excluding towers.
2$
. x � . � � � . � . .
' . . . . � . . . .. . . .
10. Constrnction Materials Sales including lumber yards and
building supply stares.
11. Day Care Centers, Nursery and Montessori Sehools.
12. Eating and Drinkin� Establishments including drive-ups and
taverns.
13. Entert�nment Facilitie�,: night clubs, theaters, movie theaters.
14. Financial Institutions and Banks.
15. Food and Bevera e Rex i� i Sales.
16. Funeral Homes and Mortuaries.
17. Health Care Facilitie�: hospitals, nursing homes and extended
care facilities.
18. Health S�s and Reducin�Salons.
19. Home Furnishings Stores.
20. Hotels and Motels.
21. ��,,u_ndrY Es�.�blishments.
22. Offiees. Business and Professionat.
23. Printing and Duy�l�icatin� Sho�s•
24. Repair Services including hicycles, furniture, apptianees, shoes,
etc.
25. Wholesale Businesses an;�,��lv Centers.
26. Animal Sales and Services including pet hospitals, pet shaps,
kennels and veterinary clinics provided tliey have no �t�tdaor
runs.
27. G�sgline Stations and,_Cax Washes including drive-thru and
conveyor types, subject to the special restrictions established
for the Gl District. Refer to Section 6.9 B7.
28. Commercial Recreation-Outdoor subjecE to the special
restrictions for the C-3 District. Refer to Section 6.11 B7.
29. Outdoor Disnlay of Merchandise subject to the follovving
restrictions:
a. The sale is conducted by the owner or lessee of the
premises or with his or her written permissioa,
b. The sale is no longer in duration than two (2) days,
c. The goods are Chose customarily sotd within that structure
in the C-4 District, and
d. The merchandise and vehicle do not occupy the required
parking area of the principal use.
29
d t
30. Video Arcades subject to the following:
a. Any arcade with fifteen (15) or more maehines shall have
an adult supervisor on the premises during all hours of
operation. -
b. No arcade shall be operated within SOQ feet of a school, '
church or residence.
C. �Jses Permitted by PUD All uses required to use PUD by Section
6.9 C.
SECTtUN b.13 IP INDUSTRIAL PARK DISTRICT
A. Puxbose An� Inteat This district is intended to accammodate new,
modern, high performance, light industrial uses which are planned ;
as a unit and include an internal circulation system. This district j
is located within the MUSA and is intended to be served by the I
public utility systems. Uses shall be conducted completely within �
structures excepted as provided for herein.
' B. iJses Permitted By Ri�,t�, '
1. $usiness and Professional Offices.
i
2. Manufacturine C�!stom.
3. ���ufackuring, Warehou�,ing WhQtesalir�g Distribu 'on
,�r cessing PackaeingLAr�em�ly Cgr,�,pounding and Accessory
Uses•
4. Machine and Renair Shops.
5. Television and Radio Studios.
6. Testin� and Resear�h Laboratories.
7. Outdoor Storage of materials, supplies and finished or semi-
finished products provided such storage shall be completely
screened from view from public streets and adjacent properties
by a wall or fence.
8. Sup�ort Commercial Uses provided they are located within the �
same structure as the principal use, and are incidental to the
principal use, and do not have an entrance except fram within �
the principal building. �
;
C. Uses Permitted By PUD Industrial Developments involving multiple
parcels, structures or uses shall be required to use the PUD I
procedure. i
�
I
3p �
SECTION 6.14 IG GENERAL INDUSTRIAL DISTRICT
A. -,P„�r os�A�d IA�,g� The General Industriat District is intended to
be exclusively for heav�er industries which require large sites and
outdoor storage.
B. Uses Permitted $Y���
1. Asnhalt Cement and Concrete Praduction.
2. M�nufacturin�v,,. Warehousin�, Wholesaling,, Distributi�n
PrQcessin� Packa�ing,,,,.Asse blv Ca�,naanding and Accessorv
Uses
3. Motor Freight Terminals.
4. Refinery and Storaee of crude oil, refined oil, alcohol and
other liquids and including fertiilizer storage.
5. Related and SugpQ,rt Office,�nd Commercial Uses provided they
are tocated within the same structure as che principal use.
6. Mineral Ex[raction. Subject to requirements of Section 14.8.
7. Recyclin�Operations, Subject to requirements of 14.9.
C. Uses Permitted BY PLTD All uses required to use PUD by Section
6.12 C.
SECTION 6.15 WM WASTE MANAGEMENT DI5TRICT '
A. Purpose aqd Inten� This district is intended to accommodate
waste industries and the inherent environmental prablems
associated with waste management.
B. Uses Fermitted b�I�tprim USe Permit
�G�?�"nrR�-,�
L Non-Hazardouc Indu trial Waste L n� n��*+^�a Facility.
SECTION 6.16 P PUBLIC AND INSTITUTIONAL DISTRICT
A. Pur ose And Intent This di�trict is primarily intended to
accommodate major gublic and institutional uses of a
governmental, educational, cultural, recreational, public service and:
health care nature that serve the entire cammunity, Wher�
available, structures shall be serviced by the public sewer and
water systems,
B. Uses Permitted BLR�ght All public and institutional uses,
facilities and structares.
31
SECTION 6.17 FW FLOODWAY DISTRICT ;
A. General Provisions
1. Lands to which this Section A,�plies This section shall apply
to all lands within the jurisdiction of Rosemount shown on the �
Official Zoning Map as being located within the boundaries of
the Floodway Districts.
2. �les for Interpretation of District Boundaries The boundaries
af the zoning districts established by this section shall be
determined by scaling distances on the Official Zoaing Map.
Where interpretation is needed as to the exact lacation af the
boundaries of the district as shown an the Official Zoning
Map, as for example where there appears to be a conflict
between a mapped boundary and actuat field conditions, the
Board of Appeals and Adjustments shali make Ehe necessary
interpretation, The person contesting the loeation of the ',
district boundary shalf be given a reasonable opportunity to
present his case to the Board and to submit his awn technical '
evidence if he so desires. ;
I
�
3. Warning and Disclaimer Liabilitv This section does not imply i
that areas outside the flood plain districts or land uses
permitted within such districts will be free from flaoding- or �
flood damages. This section shall not create liability on the '
part of Rosemount or any of ficer or employee thereof for any
flood damages that result from reliance on this section or any
administrative decision lawfully made Ihereunder.
i
: 4. Definitions:
a. E uq al Deg,ree of Encro�chment: A method of dete�rminin•g
the location lines so that the hydraulic capacity of flood
plain lands on each side nf a steatn are ca}culating the �
increases in flood stages due to flood plain eneroachments.
b. Flood: A temporary rise in stream flow or stage that
results in inundation of the areas adjacent to the channel.
c. Flood Fre uq encv: The average frequency siatisticatly
determined, for which it is expected that a speeific flood
stage or discharge may be equalled or exceeded.
d. Flood Plain; The areas adjoining a waterc�urse, which '
have been or hereafter may be covered by the regional i
flood.
e. Flaodwav: The channel of the watercourse and those
portions af [he adjoining flood ptains whic� are
reasonably required to earry and dischar�e the regional
flood.
f. Flood Proofin�: A combination af structural provisions,
changes or adjustments to properties and structures i
subject to floociing primarily for the reduction or
elimination of fload damages.
�
32
• ..� � � � . . . . . . . . . . . . � .
g. Obstruction: Any dam, wall, wharf, embank�ent, levee,
dike, pile, abntment, projection, excavatian, channel
rectification, culvert, huilding, wire, fence, stockpile,
refuse, fill, structure, or matter in, along, across, or
projecting into any channel, watercourse,_ or regulatory
flood hazard area which rnay impede, retard, ar change
the direcCion of the flow af water, either in itself or by
catching or collecteng debris caxxied by such water, or
that is placed where the flow of water might carry the
same downstream to the damage of life or property.
h. Reach: A hydraulic engineering term to describe a
longitudinal segment of a stream or river influenced by a
natural or man-made obstruction. In an urban area the
segment of a stream or river between two consecutive
bridge crossings would mc�st typically constitute a reach.
i. Regional Flood: A flood which is representative of large
floods known to have occurred generally in Minnesota and
reasonably characteristic of what can be expected to
occur on an average frequency in the magnitude of the
100 year recurrence interv-al.
j. Re�}La�tory Flood Protection Elevatian: A point not less
than one foot above �he water surface prafile associated
' with the regional flood plus any increases in flood heights
attributable to encraachments on the flood plain. it as
Ihe elevation to which uses regulated by this Ordinance
are required to be elevated or flood proofed.
$. �stablishment OF ZRpins�,��ict The flood plain areas within the
jurisdictian of this ordinance are herehy designated F#oodway
District (FV�. The boundaries of these districts shall be shown on
the Official Zoning Map. The Official Zoning Map together with
all materials attached thereta is hereby adopxed by reference and
declared to be a part of this ordinance. The attaehed materials
shall include the Flood Insurance Study for the City of Rosemount
prepared by the Federal Insurance Administration dated Januaxy,
1980, and the Flood Boundary and Floodway Maps and Floodway
Insurance Rate Maps therein. This Ordinance does not recognize
any fload fringe areas within the Floodway District. The Official
Zoning Map shall be on file in the Office of the
Clerk/Administrator and the Director of Community Development.
G FW Fioodwav District
1. Permitted Uses The following uses have a low fiood damage
potential and not obstructing flood flows shall be permitted
within the Floodway District to the extent that they are not
prohibited by any other ordinance. Tn addition, rto use shall
adversely affect the capacity of the channels or floodways of
any tributary to the main stream, drainage ditch, or any other
drainage facility or system.
33
, �
a. Agricultural uses such as general farming, pasture grazing,
outdoor plant nurscrics, horliculture, vili�ulture, truek
farming, forestry, sod farming and wild crop harvesting.
b. Private and public recreational uses such as golf courses,
tennis courts, driving , ranges, archery ranges, picnic
grounds, boat launching ramps, swimming areas, parks,
wildlife and nature preserves, garne farms, fish hatcheries,
shooting ranges, hunting and fishing areas, hiking and
horseback riding trails.
c. Residential uses such as tawns, gardens, parking areas and
play areas.
d. Barge facilities, docking faGilities, pipelines and conveyors
subject to obtaining all necessary permits from the
Pollution Control Agency, Department of Natural
Resources and United States Army Corps of Engineers. I
�
2. Standards for Floodway Uses ;
a. All uses. No structure (temporary or permanent), fill ,
(including fill for roads and levees), deposit, obstruction,
storage of materials or equipment, shall be allowed which i
unduly affects the capacity of the floodway or measurably
increases flood heights. Consideration of the effects of a '
proposed use shall be based on the reasonable assumption
that there will be an equal degree of encraachment
extending for a significant reach of both sides of the
stream. I
(1) Building Permits issued on the basis of approved
plans and applications authorize onty the use,
arrangement and construction set forth in such
approved plans and applications, and no o:ther use,
arrangement, or construction. Any use, arrangement
or construction at variance with that authorized shall
be deemed violation of this Ordinance, and -
punishable by penalty provisions of Ordinance No,
XVII.3. The applicant shall be required to submit
certification by a registered professional engineer,
registered architect, or registered land surveyor,that
the finished fill and structural elevations were
accomplished in compTiance with the provisions of
this ordinance and Minnesota Regulations NR86•87. i
i
b. Fill
(1) Any fill proposed ta be deposited" in the floodway
,�
must be shown to have some beneficial purpose and
the amount ihereof must not exceed that necessary
to achieve the intended purpose as demonstrated by
a plan submitted by the owner showing the uses to
which the filled land will be put and the final �
dimensions of the proposed fill or other materials. ;
�
34
(2) Such fill or other materiais shall he, prokeeted
against erosion by rip rap, vegetative cover or
bulkheading.
c. Structures (temporary or permanent)
(1) Structures shall not be designed for human
habitation.
(2) Struetures shall have a law flood damage potential.
(3) The strueture or structures, if permitted, shall be
constructed and placed on the building site so as to
offer the minimum obstruction t4 the flow of flood
w ate rs.
(aj Whsnever possible,' structures shall be
constructed with the longitudinal axis parailel to
the direction of flood flow, and
(b) So far as practicable, structures shall be placed
approximately on the same flood itow lines as
those of adjoining structures.
(c) Record of First Plaor Elevation. The B:ualding
Official shall maintain a record of the elevation
of the first floor (including basement) of all new
structures or additions to existing strnctures in
the flood plain district. HeJShe shall atso
maintain a record of the elevations to which
structures or additions to structures are
floodproofed, according to the State BuiMing
Cade.
(4) Structures shali be firmly anchored ` to prevent
flotation which may result in damage to other
structures and/or restriction of bridge openings and
other narrow sections of the stream or river.
(aj Manufactured homes are not permitted for any
use in the Floodway District.
(5) All public and private utilities and facilities such as
gas, electrical, sewer and water supply .systems to"be
located in the flood plain shall be flood-proofed and
in full compliance with applicable Potlution Control
Agency regulations.
d. Storage of Material and Equipment
(1) The storage of materials that are in time of floading
buoyant, flarnmable, explosive, or could be injurious
to human, animal or plant life is prohibited, except
where essential to the operation of a barge facility.
Stored materials must be adeqaately flood-proofed -
35
w .
� a
and in full compliance with applicable Pollution
Control Agency regulations.
(2) Storage of other material or equipment may be
allowed if not subject to major damage by floods and
firmly anchore�l to prevent flotation or readity
removable from the area within the lime available
after flood warning. I
e. Garbage and Solid Waste Disposal,
(1) No garbage and wdste disposal sites shall be issued
for floodway areas.
(2) Provided further, there shall be no further !
encroachment upon the floodway at existing sites.
f. Structural Works for Flood Control. Structural works for '
flood control such as dams, levees, dikes and floodwalls
shall be allowed. In addition, any proposed work in the i
beds of public waters which will change the course,
current or cross-section of the waters shall be subject to
the provisions of Minnesota Stacutes 1969, c.1Q5, and
other applicable statutes. I
D. Variances. The variance provisions of this ordinance shall apply �
to this section in addition to the following:
1. No variance shall provide for a lesser degree of flood
protection than sta[ed in the standards of Section 6.16.
2. Notice of any application for a variance shall be submitted to
the Commissioner of Natural Res�urces at least ten (10) days
prior to the date of hearing on the variance, Such notice
shall specify the time, plaee and suhject matter of the hearing ,
and shall hc aceomraniccl by such suppc�rting information as is
necessary lo indicate Lhe nature and effect of the proposed
use. A copy of all decisions �ranting a variance under this
section shall be forwarded to the Commissioner of Natural
Resources within ten (1Q) days of such action.
E. Amendments ta Section b ly. The flood plain designation on
zoning maps shall not be removed from flood plain areas unless it
can be shown that the designation is in error or that the areas
are filled to an elevation at or above the flood protection i
elevatian and are contiguous to other lands lying outside the flood ':
plain district. Special exceptions to this rule may be permitted by
the Commissioner of Natural Resources if he determines that,
through other measures, lands are protected adequately for the
intended uses. A11 amendments must be submitted to and approved
by the Commissioner of Natural Resources prior to adoption.
(
36
SECTION 7 DISTRICT DEVELOPMENT REGULATIUNS
' SECTION 7.1 DIMENSIONAL STANDARDS �
MItiIA�Itibi LOT SIZE(FTl �tI\I:�IL'M YARDS!FT)
Maxitnum� R�IaxBld Max Lot9 GUOS/
pistricts Zane= Width(') Area Front Sidel� Rear Densitv Htfft) Cover Unit (SFl
AG N/A 300 2.5 AC 50 30 30 1/10 AC 50 I�1/A N/A
AG-F N/A 30� 2,S AC 50' 30 30 1/40 AC 50 `' N/A N/A
RR N/A 2Q0'� 2.5 AG4 40 30 30 ` 1/5 AC 33 I�/A ` ti/A
RL I�lA I10 20,000 30 15 '9�'S� :V/A - ` 35 30°l0 1/A
R-1 N/A 80 10.000 3QS 10 30 lti'/A 35 30% ',\'/t1
R-2 (SF) N/A lOQ 13.400 30S 10 30 6/AC 35 30�7c NfA
(3+F) N/A 120 1$,000 305 30 30 6/A►C 35 75% N/A
R-3 N/A 150 2?,500 305 30 30 18/AC 35 75% 500
R-4 N/A 150 22,500 305 30 30 40lAC 55 7S% SOQ
C-1 1 AC3 1?0 15,000 305 106 1Q6 NfA 35 75�'/o N1A
; C-2 (GBD) NlA N/A N/A !�i(A N/A ti!A N/A 35 N/A tilA
', G-3 .5 AC 120 0.5 AC : 305 106 106 N/A 35 75% ti!A
, C-4 1 AC 120 20,000 3Q5 1'Ob 106 N/A 35 75°lc N/A
' IP 5 AC N/A 0.5 AC 30 30� 30� N/A AO ?5% N/A
WM 10 AC N/A S.Q AC 30 30� 30� N/A 75 50% l�/A
', IG l0 AC N/A 5.0 AC 7S 50� 50? N/A 75 50% �'/A
�, P N/A N/A I�/A 30 307 30� N{A 40 75°lc N/A
', FW Nlty N1A N/A N!A N/A N!A N!A N/A i�i/A i\IA
'
'' GL'05 = Group lisabie Open Space (SF)
N/A=Not Applicabie
, 1For additional requicements refer to Section 7?, Supp3ementary Regulations;
', Section 8, Off-Street Parking and Section 9, Speciai Overlay Regulat'sons.
, �Unless contiguous to an existing such district
3Three(3}acres maximum zone size
`�300 feet width and S acre lot size minimum when land is not platted
, SRefer to Section 7.? C for established front yards
630 foot minimum side or rear yard where abutting an "R" District
', 7Refer ro Section 73 C for buiidings exceeding 35 feet in height
', $UnitslGross Acre
� 9Irtcludes structures,paved parking area and oYher impervious surfaces
,, IOSee Section 7.? C2a& 7.� C2b
!� �
', 38
SECTION 7.2 SUPPLEMENTARY REGULATIONS
A. Buildin� Type and Constru�tion:
1. General Provisions �
a. No galvanized or unfinished steel, galvalum or unfinished
aluminum buitdings (walls or roofs), except` those
specifically intended to have a corrosive designed finish
such as corten steel shall be permitted in any zaning
district, except in association with farming activities.
b. Buildings in ali zoning districts shall maintain a high '�
standard of architectural and aesihetic compatibility with i
surrounding properties to insure that they will not I
adversely impacl the property values of [he abutting '
properties or adversely impact the community's public II
health, safety and general welfare.
c. �xterior building finishes shall consist of mateFials
comparable in grade and quality to the following: ,
1) Brick
2) Natural stone
3) Decorakive conerete black - "'Rock-face", "Break-away'' ��
or other types of decorative block
4) Cast in place concrete or precast conerete panels
5) Wood, provided the surfaces are finished far exterior '
use and wood of proven extexior durability is used,
such as cedar, redwoad, cYpress. �
6) Cuxtain wall panels of steel, fiberglasss and aluminum
(nonstructural, nonload bearing), provided such panels
are factory fabricated and finished with a durable
nonfade surface and their fasteners are of a corrosion
resistant design.
7) Glass curtain wall panels '
8) Stucco
2. Commercial Districts ,jC 1 C 2 � � C 4Z In Commercial
Districts ail buildings with exterior fittish of curtain wall
panels of finished steel, aluminum or fiberglass shall be
required to be faced with brick, decorative block, wood, stone, '
architectural concrete cast in place or preeast concrete panels
an one hundred (100} percent of wall surfaces abutting a
publie right-of-way, residential uses or public areas. The
required wall surfaee treatment on the remaining walIs may
allow a maximum of fifty (50) percent of the metal or �,
fiberglass wall to remain exposed if it is coordinated into the �
architectural design. Any metal finish used in the building
shall be a minimum of twenty-six (26) guage steeL
3. Industrial Park District (I-PRK,,� In the Industrial P�rk
District all buildings wiEh a•n exterior finish of curtain wall
panels of finished steel, aluminum or fiberglass shall be
required to face with brick, decorative block, wood, stone, �
39
.. e + . � . . . . . . � . .. � � � .. � - . . . . . .
architectural concrete cast in place or precast concrete panels
on at least fifty (St�) pereent of all wall surfaces. Any metal
finish used in the building shall be a minimum of twenty-six
(26) guage steei.
4. General Industrial District It is aknowiedged that the uses
permitted in the General Industrial Districk su�gest larger and
more extensive uses than in other districts. In the General
Industrial District all building up to 100,000 square feet of
floor area in size constructed with exterior finish of curtain
wall panels of finished steel, aluminum or fiberglass shall be
required to be fifty (50} percent faced with brick, 'decorative
block, wood, stone, architectur�l concrete cast in place or
precast concrete panels •on wall surfaces a6utting a public
right-af-way, residential uses or public areas. The required
wall surface treatment on the r�emaining walls may allow a
maximum of seventy-five (7S) percent of the metat 'or
fiberglass wall to rernain exposed. Buildings over 100,000
square feex of floor area shali be reviewed under Planned Unit
Development (FUD) requirements. Any metal used in the
building shall be a minimum of twenty-six (26) guage steel.
5. �ingle Familv Dwelling Requirements All single fami,ly
detaehed dwellings shatl be constructed aceording to ` the
following minimurn standards.
a. All dwellings shall have a minimum width of twenty-four
(24) feet.
b. All dwellings shall have a frost-free foundaxion as defined
by khe applicable building code. Split level, split. entry
and earth sheltered hom:es shall be considered to comply
with this requirement.
a Main roofs shall have a minimum pitch of 3:12 per
definition of the applicable bnilding code.
d. Roofs shall be shingled with asphalt, wood, tiles, sod or
other comparable materials as approved by the applicable
building code.
e. Metal siding, with exposed panels exceeding sixteen (16)
inches in widxh, shall not be permitted.
- f. Earth sheltered homes will be permitted on the basis of
site conditions, which are conducive to such housing, or
in areas where changes to existing site condifions are
complimentary to the site and adjacent properties and the
existing character of property and structures in the axea.
6. Accessory Building,� Maximum area permitted for prefabric�ted
metal starage buildings in R-1, R-2 , RL, RR and AG (under
20 acres and or for nan agricultural use/west of Al�ron
Avenue) Districts is 120 square feet. Maximum agregate total
for any accessory building(s) in R-1, R-2 and RL l?istricts is
1,000 square feet excluding aEtached garage footing; and in
the RR or A (under 20 acres and/or for non agricultural
use/west of Akron Avenue) Districts is 1,200 square feet,'
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excluding attached garage footage. Any accessory building in
R-1, .R-2, RL, RR or AG (under 20 acres and/or for non
agricultural use/west of Akron Avenue) Districts over 150
square feet must be constructed of materials comparable with
and complimentary to principal structure. Comparable
treatment includes the following requirements:
a. A minimum 3:12 roof pitch.
b. Roafs shall be shingled with asphalt, wood or tile 'to
match the home.
c. Adequate number of windows shall be provided to break
' up the solid plane or exterior walts to simuiate the
character of the home.
d. Siding which is identical or closely matches the home
shall be incorporated in the design of the accessory '
building.
Accessory buildings to be constructed in the A (Agriculture or
AG-P (Agricuitural Preserves) Districts east of Akron Avenue
are limited to a maximum aggregate total of 2400 square feet . i
of area for properties under 24 acres in size or if the building
is for non agricultural use. �
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DtMENSIONAL STANDARDS
FQR
A�CESSORY BUILDINGS
AND
SURFACE PARKING
Accessory Buildingsi Surfaee Farking
Minimum Yards(FtJ Max.Blde. Minimum Yards(Ft.l
Districts Fr n � Re�,r Ht,t�.�L �L+ � ,�i ,g Rear
AG 50 30 30 ` 75 50� 54 54
AG-P Sd 30 30 75 503 5`� 54
RR 40 30� 30 35 403 54 54
RE 30 I5 13/306 18 303 54 Sa'
R-1 3fl� 14� 5/30b 1$ 303 104 IQ4
R-2(3F) 30� 10� 5/306 18 3Q3 54 S�
(3+F) 30� 10� 10 18 3Q 10 I0
R-3 30� 107 10 18 30 ' 10 10
R-4 50' 10� 10 18 30 10 14
C-1 18 ?0 10 10
C-2 18 N1A N/A N/A
C-3 SAME 25 2,'0 10 . IU
C-4 AS ?5 30 1Q 10
IP FOR 40 2Q 15 15
IG PRINCIPAL 75 40 25 50
WM BUILDING 75 40 25 SU
P 40 �p 2� 20
FW N/A N/A N/A N/A
lOr the Required Front Yard as may be prescribed by
Section 7.2C.Estahlished Front Yards.
�Except parking may occur within a normal driveway
that crosses a required yard.
3Driveways shail compty with yard requirements far
surface parking.
4?5-faot minimum where a garage faces and is entered
directly from a street.
SUnder 130 square fooE R-1. R-2 5-foot setbacki RE 15-
foot setback; except double frontage or corner lots,
30-foot setback. Over 150 square feeY - 30-foot
setback.
6See Scction 7.2 C?a and 7.2 G2b.
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B. SuRulementary He t �e�u��tions
1. Permitted Exceptions. The following structural appurtenances
shall be permitted to a height not to exceed twenty-five (25)
feet in addition to the maximum height permitted for the
district provided they do not impair the solar access of
buildings on adjoining properties and are not used for human
occupancy or commercial enterprise.
a. Ornamentation such as church spires, belfries, bell towers,
cupolas, domes, monuments and flagpoles.
b. Mechanical Annurtenances such as solar collectors,
chimneys, smoke stacks, elevator and stairwell penthouses,
antennas, transmission towers and other necessary
structures.
C, Suq�lementarv Yard Re�ulations
1. Permitted Yard Encroachments. No yard or required open
space shall. be so reduced in area or dimension so as to make
any such area or dimension less than required by this
ordinance. If already less than the minimum required, a yard ,
shall not be further reduced. The following encraachments
into required yards shall be permitted:
a. Special Structural Elements attached to the principat
building such as chimneys, solar coltectors, flues, belt
courses, sills, pilasters, lintels, ornamentaT features,
cornices, eaves and gutlers provided they do not extend
more than 2-1/2 feet into a yard.
` b. �ard Liehts in "R" Districts not closer than five (5) feet
to the front lot line and lights in a11 districts for
illuminating parking areas, loading areas ox yards for
safety and security purposes provided the direet source of
light is not visible from the public righ:t-of-way or
adjacent residential property:
c. 1 n in and ornamental landscape features.
d. Terraces. ste�s, decks, uncovered porches and a�
within side and rear yards and one-half of the front y��rd
at the same level as the height of the ground floor level
of the principal building provided as follows:
1) The highest elevation shall not exceed a height of
three {3} feet above the ground at the ground floor
level.
2) l�o portion of the decked or paved area is closer than
two (5} feet to any lot line.
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� e. Fences. Walls, Hed�es and Berms not 'exceeding six (6)
feet in height, are permitted anywhere in the side or rear
yards, but shall not exceed thirty (30) inches in fxont
yards, provided that no structure shall interfere with the
traffic sight 'distance. Said structures located in recorded
easements is the sale risk of the property owner; and the
cost of any rernoval, relocation or placernent -of said
structures caused by any activity permitted in said
easements is the sale respansibility o# the pragerty owner.
f. Baleonies in rear yards. Balconies may also project into a
required front or street side yard a distance not to
exceed five (5) feet.
g. Detached Picnic Shelters, open arbors and trellises,
recreation equipment, unenclosed stairways and fire
escapes may project only into a required rear yard and
shall conform to setback requirernents for accessory
buildings. Refer to Section 7.2 A.
2. Required Side and Rear Yard Enlar e�,ment
a. Corner Lots. Where a side yard abuts a street which is
adjacent to the front yard of one or more residenCial lots
on the same block, such side yards shall meet the front
yard setback requirement of the District. The same yard
dimension determined for such a side yard shall apply to
structures in the rear yard.
b. Through Lats shall provide the required front yard on '
both streets.
c. For Commercial Industrial and Public Buildittg,� exceeding
thirty-five (35} feet in height and located on a lofi
adjoining an "R° District, any such building shall be set
back from the interior side or rear lot line abutting said
"R" District a minimurn of one (1) additional foot for each
foot of building height in excess of thirty-five {35) feet.
Where there is an intervening alley, one-half the alley
right-of-way may be subtracted from this comput�tion.
d. Rear or Side Yards for dissimilar abutting districts shatl
meet the requirements of the more restrictive of the twa
districts.
3. Side Yards - Peripitted Red .�tian. No side yard shall be
rcyuirec� bctw�cn attached housing units.
4. Front Yards - F'ermitted Reduction And Required Ex,pansion:
a. Established front y�rds. Where forty percent (40%) or
more of the lots an any block are developed with
buildings, the average front yaxd for 'the block shall be
computed.
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1) Established "R" District Front Yards. Where the
average is less than the required front yard, the
average or twenty (20) feet, whichever is gr�atex, shall
be the required front yard. Where the average is
greater than the required front yard, the average shall
be the required front yard.
2) Established "C" District Front Yards. The average
front yard shall be the required frant yard.
SECTION 8 OFF-STREET PARKING, LOADING AND LANDSCAPING
SECTION 8.1 QFF-STREET PARKING REQUIREMENTS
A. P�rpose And Intent. It is the intent of these regulations that
of f-street parking be provided and maintained by each property
owner for the use of occupants, empioyees and patrons. These
regulations are further intended to promote the safe and efficient
storage, cireulation and channelizaCion of motor vehicles an-site to
avoid undue congestion of the publie streets.
B. ComRliaa�e R,�quired. In all districts except where exempt by
Section $.1 K, off-street parking shali be provided as follows:
1. New Construction. Full off-street parking compliance is
required for all newly erected buildings.
2. Enlargement. Whenever a use or building requiring of f-street
parking is increased in floor area or when interior building
modifications or structural alterations result in an increase in
effective capacity for any use, additional parking shall be '
psovided in proper ratio to the increase in floor area or
capacity.
3. C��g�e in Use. Whenever a building or use ar part thereof is
changed in usage, such that the new use requiare�s more
parking than the old, the extent ta which the use is changed
shall be required to comply fully with the provisions of' this
ordinance.
4. Packin� Lot Construction and Expansion. All new parking lots
and improvernents and extensions to existing lots shall comply
fully with the requirements of this ordinance.
C. Permits Aad Imurovement Guarantees Required
1. Permits. Building Peemits shall be required for parking lot
construction in all districts except for One- and Two-Family
Residences.
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2. Imrtrovement Guarantees: For any parking improvement for
which a building permit is required, a Performance Bond,
Letter of Credit or other financial guarantee, as appraved by
the City Attorney, in the amount of 125% of the estimated
' construction cost shall be submitted� prior to issuance of a
building perrnit and retained until said parking improvement is
completed and acceptable to the City. Where piant materiats
are used in lieu of a masonry screen wall, this portion of the
financial guarantee shall remain in effect for a period of not
less than one (1) year after planting to insure plant material
life,
D. Limitations On [Tse
L No commercial renair work or service of any kind, or sale ar
display thereof, or the storage of new or used uehicles which
are not for the use of the occupant, employees and patrans
shall be conducted in such parking area. �
2. Off-Strest P�,rkin,� once designated as required off-street
parking shall not be changed to any other use until equal
facilities as required by this code are provided etsewhere.
3. Off-Street Parking existing at the date of adoption of this
ordinance in connection with the operation af an existing
building or use shall not be reduced to an amount less than
hereinafter required for a similar new building or use:
E. Joint Usg Of Parkin�A,�,eas. Two or more buildings or uses may
eollectiveiy provide off-street parking in which case the required
nurnber of parking spaces shall not be less than the sum of the
requirements for the individual uses cornputed separately. In the
case of the joint use of off-slreet parking spaces where operating
hours do not overlap, the Boaxd of Appeals may grant an
exceptian io allow the tc�tal parking required to be reduced below
the sum total �f the individual uses provicied a copy of an
agreement between join[ users if filed with the application.
F. Location. All off-street parking required by this ordinance shall
be located on the same lot as the use of the property intended to
be served. Said of#-street parking shall be located in the same
district as the use it is intended to serve. In the "R" Districts,
atl required parking shall be located on the lot it is intended to
serve.
G. $ackia� Into A Street. Except for one- and two-family dwellings,
backing from a parking lot directly into a street shall be
prohibited.
H. Off-Street Parki� Reauired. The rninimum number of off-street
parking spaces required shall be as follows:
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Residential Uses Minimum Parkin�¢ Required
1. One and Two-Family L'nits 2/Dwe{ling Unit (DU)
2. Multiple Dwellings 2/DU
3. Senior Citizens Housing O.S1DU
4. Boarding and Rooming Houses 213 Persons
5. Accessory Apartments 1lUnit
6. Day Care Centers,Nursery and 1/20 Individuats plus
Montessory Schools 1/Teacher and Employee
7. Group and Foster Homes 1/6 Individuais plus 1/Employet
8. Mobiles Homes(In Mobile Home Parks) 2/DU
Public & Quasi-Public Uses Minimum ParkinQ Required
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1. Churches IJ3 Seafis in Largest Assemb►y Room
2. Elementary& Junior High Schools 1/Classroom plus iJ20 Students
3. Senior High Schoois 1/Classroom plus i/10 Students
4. Post High Schools 1/Teacher&Employee
plusl/5 Students
S. Stadiums,Arenas,Auditoriums 1/6 Seats
accessory to a schooi
6. Stadiums,Arenas, Theaters 8z Auditoriums 1/3 Seats plus 1/Employee
7. Museums.Libraries&Art Galleries 1/500 sq.ft. GFA
8. Golf& Country Clubs 6/Hole
9. Government Offices 1/200 sq.fk.GFA
10. Hospitals&Extended Care Facilities 11Bed plus 1/Employce
11. Nursing HQmes llEmployee
12. Clubs& Lodges, Social& Fraternai 1/? Persons
based on occupancy rating
Employee= Maximum number of empioyees on largest shift.
GFA= Grass Fiaor Area
Uses with muitiple functions may be required to provide parking
in accordance with more than one minimum standard.
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Busines�s Uses Minimum Par�in� 'Reuuired
L Business aad General Offices 5/1.000 sq.ft. GFA
2. Medicai,Dental Offices and Ctinics S/Doctor plus 1/Employee
3. Retail Sales and Services, 6/1,OOQ sq.ft, GFA
excepC as specified 6elow
4. Shopping Centers 5/i.000 sq.ft. t'iFA
5. Convenience Gracery Stores 7/1,OOQ sq.ft. GFA
6. Anima!Glinics i/400 sq.ft,GFA
7. Car Washes(Principal Use) 1/Empioyec plus 12 StackingSpaces/Bay
8. Accessory Car Washes 2 plus 5 Stackieg Spaces/Bay
9. Beauty and Barber Shops 3/Operator and Emptoyee
10. Auto Repair and Sales, Repair Shops and 3l1,000 sq.ft. GFA plus 1/Employee
Wholesale Establishments
il. Restaurants, Cafes, Bars 1/3 Seats
12. Drive-Up Restaurants 1/3 Seats, plus
6 St�cking Spaces/Drive-Up Window '
13. Athletic and Weight Reduction Facilities
a}Racquetball/Tennis 6/Gourt
b)Ali Other 1/30Q sq.ft. GFA
14, Movie Theeters,Assembly Halls 1/3 Seais :
15. Gasoline Stations- Full Service 2/Service 5ta11 plus 1/Employee
16. Gasoline Stations- Self-Service 1/Employee plus 2lHose#or Stacking
17. Bowling Atleys 5/Lane
18. Hotels and Motels 1/Guest Room plus i/Employee
19. Funeral Homes and Mortuaries U3 Seats in Largest Parlor or Chapel
20. Home Furnishing Stores 1/300 sq.ft. GFA p{us I/Emptoyee
21. Pool Halls, Roiter and Ice Rinks, 112 Persons based an beeupancy rating
Exhibition Halls
22. Banks 1/400 sq.ft. plus 4 Stacking Spaces
23. Musieai Instrument Sales, Floral, 1/300 sq.ft. GFA
Jewelry and Shce Stores
24. Outdoor Recreation 1/4 Patron Capacity
�dustriat Uses Minimurn Parkin� Reauired
- ^,�sna�mnmemm I :c��mYem�
L Custom Manufacturing 1/3Q0 sq.ft. Ret�il Sgace plus i/Employee
2. Manufacturing. Printing, Publishing, 1/300 sq.ft. GFA
Processing, Packaging,Assembly
3, Warehousing 1/2.000 sq.fC. GFA
4. Tesking and Research 1/500 sq.ft. GFA
5. OfCice 11200 sq.ft. GFA
Employee = Maximum number of empioyees on largest shift.
GFA= Gross Floor Area
Uses with multiple functions may be required to provide parking
in accordance with more than o»e minimum standard.
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I. Drive-Uo Window And Car Wa h taeki� Suaces Rgguired
1. Circulation: No stacking space shall encroach into any drive
aisle necessary for the circulation of vehicles on the lot.
2. Setbacks Required: All stacking shall comply with the
setbacks required for parking spaces.
3. Size of Stacking Spaces: The minimum size of stacking spaces
shall be nine (9) by eighteen (18) feet.
J. Fractiona! Spaces When determining khe number of required
parking spaces results in a fractional space, any fraction up to
and including one-half (1/2) shall be disregarded and fraetions
over one-half (1/2) shall be rounded to required one (1) additional
space.
K, Off-Street Parking Excentioos
l. Com,pact Cars: Up to 15% of the parking required for a given
use may be designed specifically for eornpact cars, provided:
a) Signage is erected at appropxiate location� indicating "For
Compacts Only",
b} Compact stalls are located in one conti�lubus area and
signage is erected at the parking lot entry showing
directions to compact only parking,
c) The minimum design and construction standards apply.
2. Proof of ParkinB�Re9uired: Establishments skall be capable of
providing the number of on-site parking apaces required by
this ordinance at any time said parking is needed. However,
all such required parking need not be constructed initially if
it is demonstrated by the owner to be in excess of, the real
parking demand. Future parking su f ficient in quantity to meet
the ordinance requirement shall be shown an the official site
plan for which a building permit request is made and said
parking shall be constructed at the discretion of the City if it .
proves to be needed later.
3. Central Business Di trict: Uses constructed in the" C-2
Community Commercial pistrict shall be exempt €rom Section
8.1 excepf that all such parking provided shall comply with
the Parking Design Standards in L. below.
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L. Off-Street Parking Desi.�n And �CQnstruction Stan�dards
FULL SIZE CARS*
Description MINIMUM REQUIREMENTS
Parking Angle{Degrees) 0 30 45 60 75 90
Maneuvering Lane Width (ft) 12 12 14 18 21 24
Parking Space Witdth (ft) 8 8.5 8.5 8.5 8.5 8.5
Parking Space Lengtfi 2? 18 1$ 18 i$ 19
Bay Dimension (One Tier) 20 29 4I 38 41 43
Bay Dimension (Two Tiersj ?8 46 61 58 61 62
COMPACT CARS
Description MINIMUM REQUIREMENTS
Parking Angle(Degrees) 0 30 45 `60 7S 40
Maneuvering Lane Width {ftj 12 12 12 16 19 22
Parking Space Width(ft) 7.5 8 8 8 8 8
Parking Space Length ?0 lb 16 16 16 17
$ay Dimension (One Tier) 19.5 27 24 34 37 39
Bay Dimension (Two Tiers} 27 42 46 S� 55 S6
'Handicapped parking shall be provided as required by
applicabie Building Code.
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1. Bumner Overhang: The minimum parking space length may be
decreased by up to two (2) feet for spaces which allow the
bumper. of the auto to project beyond the texminus of the
parking space without obstructing other parking spaces or
vehicle circulation.
2. Maneuvering: Lanes: All maneuvering lanes shall permit only
one-way traffic movements with the exception of the nin,ety
degree (90°j pattern where two-way traffic may be permitted.
Each parking space shall have direct unimpeded access to a
maneuvering lane and dead-end maneuvering lanes shall only
be permitted with the ninety degree (90°) pattern vt+hich is
designed to accommodate two-way traffic.
3. Surfacing: All parking lots and drives other than for a
single-family residence without public sewer shall be paved
with a concrete or bituminous surface in aceordance with
standards as established by the City. All parking spaces shali
be striped with suitable paint in accordance with approved
plans except for single-family residences.
4. Curb and Gutter and/or Barriers: All lots shaYl have curb and '
gutter or other suitable parking bumpers or barriers to
channelize the flow of traf fie and clearly define parking
spaces in the interest of efficient tot utilization and confliet:
minimization.
5. rain : All parking lats shall have a drainage systera which
is approved by the City.
6. Screening: When a required off-street parking lot for six (6)
or more cars is located adjacent to an "R" District, a fence or
wa1T having ninety percent (90°) opacity not less than 3-1/2
feet nor mare than six (fi) feet in height shall be erected
along the "R" District Property line but not within the
required front yard.
7. Li hting shall be so arranged to deflect the light away from
. „R" Districts and public streets.
8. Maintenance: It shall be the joint responsibility of the
operator and awner of any principal use to maintain, in a neat
and aesthetic manner, the parking space, accessway,
landscaping and required fences and walls. '
SECTION 8.2 OFF-STREET L(?ADING REQUIREMENTS
A. Minimum Reauirements
1. Loading Facilities shall be provided for every retail
establishment, warehouse, manu facturing or industrial use, in
excess of 10,000 square feet gross floor area, with a general
requirement of one dock or berth per 75,000 square feet grass
floor area (loading facilities include docks, berths and
maneuvering area).
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2. All D�cks shall be located within the perimeter of the
structure housing the principal or accessory and shall be
completely enclosed.
3_ Off-Street Loading,lSpaccs sha(l be equal to at least ten (10)
feet by forty (40) feet, excluding maneuvering area.
4. Public Right-Of-Way: At no time shall any vehicle be
permitted to extend into a pedestrian way c�r public right-of-
way while loading or unloading.
5. All Berths shali be screened from view af all dissimilar
abutting zoning districts by plant materials, walls, earthen
berms, fences or combinations thereof.
SECTION 8.3 LANDSCAPING REQUIREMENTS
Detailed landscaping plans shall be required in all development
propasals requiring site plan review. Landscaping plans shall be
prepared consistent with the general site plan requirements in Section
14.4.
A. Landscaping Plan Content:
l. Plantin� Schedule Gontaining:
- symbols
- quantities
- common and botanical names
- sizes of material at planting and mature material sizes
- root specifications (bare root, B & B, potted, etc.)
- dates or seasans to plant materiai
- speeial ptanting instructions
2. Identify existing trees and shrubbery by 'common name and
size, which of th�ese will remain in the final site design and
how they will be protected during construction.
3. Include typical sections or details of fences, tie walls, planter
boxes, picnic areas, berms and the like.
4. Include typical sections of landscape islands and planker beds
with identification of material used.
5. Inelude details of planting beds and foundation plantings.
6. Delineate square footages of both sodding and seeding areas.
7. Describe and detail rnethods of controlling soil erosion during
and after construction.
S2
B. Minimum Number of Plantines
Zonine District Overstory Trees Foundation Plantings
AG None None
AG-P None None
RR 2 trees/unit/frontage� None
RL 1 tree/unit/frontage� None
R-1 1 tree/unit/frontagel Nonc
R-' 1 tree/unit/frontage� None
R-3 I trce/Upen space unit expc�sure3 4 (footnote)
R-4 8 trees minimum plus l trce/unit5 4(Eootnote)
R-� 8 trees minimum plus 1 tree/� units6 4 (footnote)
Ali C's 8 trees or 1/3.000 sq. ft. land area� 4 (footnote)
IP 8 trees or 1/3,000 sq. ft. land area� 4(footnote}
IG Per Recommendation of Piann►ng Commission 4 (fooknote)
VVM PerRecommendation of Planning Commission 4 (footnote)
P Per Recommendation of Plantting Commission 4 (footnote)
FW Per Recommendation of Flanning Commission
1 Trees shall be deciduous, pianted at the boulevard of
each tree expasure.
- 2 Two Family Dweilings: Trees shall be deciduous,
pianted at the boulevard of each street exposure.
3 Other Attached Dwellings: Trees shall be deciduous;
spacing must include trees at the boulevard at fifty
(SO)foot intervals.
4 One foundation planting per ten (10) tinear feet of
building(principal or accesu�ry) perimetcr.
5 One to Three Stnry IiuiJding: Spacing must includc
trees at the boulcvard at (ifty (SU)fc�ot intcrvals.
b Over Three Story Building: Spacing must include trees
at the boulevard at fifty (50)Foot intervals.
� Whichever is greater: Spacing must include trees at
the boulevard at fifty (50) foot minimum intervals.
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G Minimum Plantin� Standards
1. Overstar Trees - Minimum Plant'ine Size
a. Deciduous Trees: 2.0-2.5 inches as measured six {b)
inches above ground. '
b. ConiferQus Treg,�,: Six (6j feet in height.
2. F�c und tion Plantin�s - Minimum Planting "Size: Coniferous
and deciduous shrubs shall be ptanted a minimum af one-third
{1/3j the mature spread and height of typie.al growth habits:
3, All planting materials used in site developments shall be
indigenous to the appropriate hardiness zone and physical
characteristics of the s�te.
4. All 6oulevard trees proposed to satisfy the minimum
requirements shall be long lived hardwood species and
�uaranteed for no less than one full growing seasoa from
completion of site planting. ��
5. In meeting the overstory tree requirements at least 75% of the
total stack sha11 be deciduous xrees. A11 boulevard trees shall
be of shade or flawering tree tYPes.
6. When entire streets or blocks are proposed far development,
- shade tree species rnust be diuersified so as each side of a
city black would contain at least three (3) different varieties
of tree genera with at least two (2) d-i�fferent species (if same -
genus used more than oncej.
7. All planting materials shall be disease free and able to survive
in assigned locations in a healthy condition with tke benefit
of only minor maintenance. '`
8. All stock to be planted (shade and flowering trees, deciduons
shrubs, caniferous evergreens, broadleaf evergreens, roses,
vines and ground covers and fruit trees) must follow the
standaxds set forth by the American Stan�rds �'or N�}rserX
Stack as adopted hy the American Association of Nuxseryaten.
9. Final grades in all developments shall not exceed a 3:1 ratio
unless plans for retaining walls, terraces or similar controls
have been approved by the City.
10. Where natural rnaterials such as trees or hedges are approved
in lieu of required screening by rneans of wails or tences, the
density and species of such plantings shall be such to achicve
ninety percent (90°�0) opacity year round. Conifers used 'far
screening must meet overstory planting requixements.
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D. Snecial Plantiny� Conditions: Planting materials within landscape ; .
designs shall be compatible with planned site use. As a result,
trees and shrubs (except low creeping shrubs) shall not be planted;
1. under existing or planned utility lines when the rnature height
and spread of the planting may conflict with utility lines.
2. over existing or planned utility lines so that upon plant
maturity the root system conflicts with the utility lines.
3. so that upon mature height and width of' plant growth its
farm does not conflict with local vehicular or pedestxiatt
traffic.
4. so that upon mature height and width of the plant its growth
habits would not conflict with any public service or safety
device such as sxop signs, traffic lights, street lights, etc.
5. any closer Ghan fifteen (15) feet from any fireplu�.
6. any closer than thirty (30) feet from any intersection,
measured back from curb line.
E. oodla � Preservation Poli�y And Credit
L It is the poticy of the City of Rosemount to greserve the
natural forest and woodland areas throughout the City, and
with respect to specific site development to limit clearcutting
on site only to that area necessary for the building of all
structures and lot development associated therein.
When clearcutting is permitted, the area to be clearcut should
be contoured to blend the site into the residual woodlands.
2. Credit for the retention of existing irees which are of
acceptable species, size and location may be given to satisfy
the minimum number of requireuaents set forth in this policy
and in the city ordi�ance.
F. Parking Lot Landscapin�. The need for internal parkimg lot
landscaping will be subject to Planning Commission site review.
When such landscaping is required, it will be to lessen the
monotany, heat and wind associated with large parking lvts.
When the internal planting islands are required, the island
boundaries musi be constructed with concrete or of non-
degradable materiaL The interior depth and total area of the
island must allow the root zone of all planted materials to develop
to their natural growth potential.
G. �.aadsc��in� Performance Seeuritv. The City may, at its option,
withhold occupancy certification or require cash, a letter pf eredit
or a bond satisfactory to the City, securing the full per#ormance
of landscaping requirements. The amount of the security shall be
determined by the contract value of the required improvemertts
and may be held by the City for one (1) full year fram the date
improvements were comp}eted.
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SECTiON 9 SPECIAL OYERLAY REGULATI�NS
In addition to the requirements af �he appticable zoning district, th�
folZowing speciat overlay restrictions shall apply.
SECTION 9.1 SHORELAI�tD QVERLAY REGULATIQNS
A. P�rpose and Inten,�. It is the intent af these shoreland overlay
regulations to impose restrictions in addition to those required by
the underlying zoning far the protection of shareland areas, the
preservation and enhancement caf the quality af sur�ace waters and
the wise utilization of water and retated land resources.
B. �horeland Classification
l. RQcreational Development Waters Keegan Lake (14-i1j
2. General Deuetapmen� Waters: Mississippi River, U:S. Lack and
Dam, Pool #2 (19-5}
3. Natural Env�ranmg�t Wate�,s:
a. Unnamed T115, R19, Section 16 {1�1-8)
b. Unnamed T115, R14, Section 16 & 21 (19-9)
e. Unnamed T115, R19, Section 17 {19 10}
d. Unnamed T115, R19, Section 21 (19-12)
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A. S6oreland Development Standards
S U S U S U
Natural Recreatidaal General
Development ' Development Devclopment
Waters Waters Waters
1. Lot Area 2.5 AC 2.S AC 2.5 AC
a}Watee Front Lots 20.000 ?0,000 20.000
b}Other Lots 10,000 10,000 10.000
2. Water Frontage/Lot Width 110 150 110 150 110 150
3. Building Setbaek from OHWE 150 200 75 100 50 7S
4. Minimum Buiidiqg Setback 50 Feet for Federal. State or County
from Streets and I(ighways 20 F�eet (or Ylunicipal vr Rrivate
5.1Vlinimum Building Setback According to City Ordinance'�io.XVII.34
from Top of Bluff (vtississippi River Corridor�rdinance)
6. Elevation of Lowest Floor Above 3 3 3 3 3 3
Highest Known Wa[er Levet
7. Vlaximum Buiiding Height {
{ Accarding to Sections 71 & 7.?of this Ordinance.
8. Maximum I.ot Coverage With (
tmgervious Surface
9. Sewage System Setback from OHWE v/A 150 N1A 150 N/A 150
10, Sewage System Elevation Above N/A 4 I�i/A 4 NJa 4
Highest Groundwater Level.
Sedrock or Impervious Soils
_____________________�=_____-__—________— -__ ----___—_—=�=—_s�s=a—==== _=--- —__
OHWE= Ordinary High Water Elevation/l�tark
S= Sewered Area
U - linsewered Area
•Wherevee the Underlying 2oning is more restrictive, the requir�einents of the Zoning District shall applq.
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J . t. . . . � . . . . . . � . .
D. Shoreland Al�erations
i. Natural Vegetation. The removal of natural vegetation shall
be resEricted to prevent erosion into public waters, to
consume nutrients in the soil and ta preserve shoreland
aesthetics. Removal of natural vegetation in the shoreland
overlay district shall be in accordanee with the foltowing
criteria:
a. Selective xernoval of natural ve�etation shall be allowed,
provided that snfficient uegetative caver remains to screen
cars and structures when viewed fxom the water.
- b. Clearcutting of natural vegetation shall be prohibited
except as necessary for placing public roads, utilities,
structures and parking areas.
c. Natural vegetation shall be restored insofar as is feasible
after any construction project is completed.
2. Grading and Filling in shoreland areas or any alterations of
the natural topography where the slape of the land is to�vard
a public water or watercourse leading to a public water must
be autharized by the Gity in accordance with the followin�
criteria:
a. The smallest arnount of bare ground is exposed far as
shart a time as fedsible,
b. Temporary ground cover, such as mutch, is used and
permanent ground cover, such as sod, is ptanted,
c. Methods to prevent erosion and trap 5ediment are
employed, and
d. Fill is s[abilized to acce�t engineering standards.
3. Alteration of Beds of Public Waiers
a. Excavation on shorelands where the intended purpase is
connection fio a public water shall require appraval from
the City before construction is begun. Such apprauat may
be abtained only after the Commissioner has issued a
permit for work in the bed of a public water.
E. Planned Unit Development; To encourage more ereative design
, and greater environmental sensitivity in the development af land,
Planned Unit Development (FUD) may be utilized in the Shoreland
Qveriay District. PUD within the Shoreland Overlay Distxict is
subject to both the requirements of these regulations and
additional standards established by the State of Minnesota,
Department of Natural Resaurces (DNR}. Wfiere requirements
differ DNR standards shail take precedence.
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F. Administration and Enforcement
1. �ermits Reqvired. Before any construction, subdivision of
land, installation of sewer and water facilities, grading a�d
filling or removal of vegetation within any shoreland area is
commeneed, a permit shell be issued by the City.
2. A�,plication shall be made by the owner on forms provided by
the City. Said appii�ation shall be accompanied by plans
drawn to scale showing the nature,`" location, dimensions and
elevations of the lot and all proposed structures and such
other information as shall be required by the Director of
Community Development.
3. Variances. All requests for variances shail be referred to the
Board of Appeals and Adjustments.
4. Lots of Record which do not meet the requirements of this
Section shall not be required to comply herewith.
5. Referral to DNR
a. N i es. Copies of all notices of any public hearings to
consider variances, amendments or canditianal uses
relating to shoreland management shatl be received by the
Commissioner at least ten (10) days prior to such
hearings. Notices of hearings to consider proposed plats
must include copies of the plats.
b. �'inal Decisions. A copy of approved amendments and
plats, and final decisions granting variances or conditional
uses with regard to the shoreTand shall be received by the
Commissioner within ten {10} days of final action.
SECTION 9,2 WETLAND OV�RI.AY REGULA�'IONS
A. Pur�ose and Intent It is the intent of this Section to protect
designated public waters from the potential adverse effects of
filling; excavation; structural encroachments; water level
maniputation; and the construction of bridges, culverts and
utilities.
B. Permit Required Any alteration of any Type 3,4 or 5 Wetland as
depicted on the Official City Zoning Map shall require the
issuance of a "Protected Waters Permit" by the DNR prior to the
issuance of a buitding permit by the City of Rosemount.
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SECTION 10 SIGNS
SECTION 10.1 PURPOSE, UEEINITI(I►NS, GENERAL FROVISIpNS
A. Puruose The purpose of this provision shall be to achieve the
following objectives;
L To provide adequate opportunity to identify structt�res and
uses within the �ity for promotir�n and life safety.
2. To protect the quality and character of the environment from
unnecessary visual intrusions.
3. To resCrict the locations of advertising signs with messages
which are not exclusively related to the premises in whi�h
they are located, to areas where visual intrusians have the
teast impact on the resident population yet allow maximum
exposure to vehicular movenaent.
4. To create standards regulating the type, size, number and
lc�cation ot' signs l� promc�te uniformity and protect the
investment of the mast discriminating sign makers and users:
5. To prevent the use of signs from downgrading the appear�nce
of residential and cammercial neighborhoods ar depr�ciaking
property values from the overcrowding or the oversizing of
signs.
6. To prevent the location, siz�, display or lighting of signs from
affecting the safety o€ vehicu}ar movement.
7. To promote energy conservatioti by regul�ting the type,
intensity and operation of signs.
B. Definitions -
Freestanding S�n: Any sign that is attached directly to ihe
ground or is supported vertically by any s#ructure having a source
of support independent of any building existing on the premises on
which the sign is located.
Hei : The height of a sign shall be measured from the
eenterline of the street or highway taward which the ;sign is
principally displayed to the top of the sign.
Identificati,g,n Si�n: A sign which displays only the name, address
and title of an accupant ar the narne and address of a building or
deuelopment.
Non-Conforming Sign: Any sign lawfuliy in existence on the
effective date of this ordinance or any sign lawfully in existen�ce
on the date of any amendment to this ordinance which does not
conform to the regulations affecting signs for the district in
which the sign is situated.
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Off-Premise Advertisin,g �ign: Any sign that directs attention to
a business, product, service, activity or entertainment not
conducted upon the premises on which such sign is laeated or to
non-commercial speech. _
On-Premise Sign: Any sign that directs attention to the nam� of
the building, premises, or to the name of the building management
firm, or to the business, principal product, service, entertainment,
or activity conducted, sold or offered upon the premises on which
such sign is located or to non-commercial speech.
Portable Sien: A sign so designed as to be movable from one
locatinn to another, and which is not permanently attached to the
ground, sales disptay device or structuxe.
Projectin� Si�n: Any sign which is affixed to the outside of the
exterior wall or sof fit of any building and is not parallel to the
plane of the wall or soffit.
i i : Any letter, work, symbol, model, printed, projeeted ar
affixed device, poster, picture, reading matter, or other
representation in the nature of an advertisement, annauncement,
directioa or informative device including structural and camponent
parts that is located outdoors and is iarger than one (1) square
foot in area.
Sign. Reader Board: Any sign having letters not permanently
affixed to the sign face. The intent of the changeable copy is to
- permit the owner of the sign to place messages corresponding to
promotions or events at his establishment:
Sig:n Area: The area of a sign includes the space iaside a
continuous line dxawn aroun�i and enclosing all letters, designs and
background materials exclusive of border, trim and struetural
supports. For the purpase of calculating- the area af mulEiple-
faced ar back-to-baek signs, the stipulated maximum sign atea
shalt refer to a single face.
Traffic Signc A sign which is erected by a governmentat ag�ncy
for the purpose of guiding vehieular traffic and providing
information to motorists.
Wall Si�n: A sign which is affixed to the exteriar w�ll, mansard
roof or soffit of a building and which is parallel to the building
wall. A wall sign does not project more than twelve (12") inGhes
from the surface to which it is attached, nor extend beyond the
top of the parapet wa1L
Window Si,�n: A sign affixed to or inside of a window in view of
the general public. This does not include merchandise on display.
C. General �'rovisions '
1. No sign shall be erectec3 in or overhang t►pon a public right-
af-way or otherwise interfere with safe p�destrian or
vehicular movement, except traffic signs.
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2. No sign shall contain coiors, shapes, intermixtent lighting or
words such as "stop," "warning," "caution," etc. which may be
confused with traffie signing or conkrols unless such signs i
intended or approyed for such use. 'i
3. Electrical signs shall be installed according tc� State electricat
codes and shali require underground wiring. -
4, All permanent signs exposed to weather conditions shall be
constructed of materials to prevent normal deteriaration frorn
weathering. Further, all signs shall be constructed and
maintained in a safe, orderly c4ndition.
S. Any sign or sign siructure which is defaced, deteriorated,
improperly maintained or otherwise altered fram its' original
perrnitted eonclilion shall be repaired, replaced or removed
upon written no[ics from the City.
6. Sign struetures not used for signing or signs andlor sign
structures not properly rnaintained for six (6) cansecutive
months shall be removed. '
7. No sign or sign structure shall be permitted to interfere with
the safe access to doors, windows or fire escapes. '
8. No freestanding ar building mounted sign shall be supported
�Y guy wires.
9. No sign shall contain intermitten[, flashing or other type of
lighting which changes in intensity ar color when artificially
illuminated, except time and temperature signs.
10. Business signs may onZy be iiluminated during business hours.
11. Window signs or lettering shall not exceed 25% of the total .
window area in which they are displayed, provided fur[her
that lettering does not exceed six (6) inches in height.
Exceptions will only be permitted when window signs are used
in lieu of other permitted signage.
12. Fiags displayed in commercial and industrial districts shall not
exceed in surface area the maximum perrnitted- for freestanding ,
signs, provided further that the display af more than three (3)
fiags shall be debited against the total freestanding signage
area permitted. _
13. Address signs shall he required for each principal structure in
the City, clearly legible 'from the street at which access is
gained, except in non-sewered areas where addresses shall be
affixed to mailboxes or a separate structure visible from the
street.
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14. No exterior sign shall pivot, move, rotate or display any
movi�g parts including electronic reader boards, except time
and temperature or other public information. Interior
electronic reader boards visible to pedestrians on the outside
are allowed only by permit in Commercial or Industrial Fark
Districts (See 10.2 E.4)
15. Portable signs or revolving beacons are allowed in addition to
permanent signs only by temporary permie issued by the
Community Development Departmenf. The length of permits
for revolving beacons or similar devices shall not exceed three
(3) days and shali be issued a maximum of twice per year.
Permits for portable signs shall he issued a maximum of twice
per year for a maximum of fourteen (14) days per permit.
Only one portable sign per lot may be permitted.
16. No sign shall b� painted directly on the exterior surface of
any building.
17. Projecting signs are prohibited in alI districts.
1�3. Ribbans, banners, pennants, string� of li�hts and similar
devices are allowed in addition to permanent signs only by
temporary permit issued by the Community Developm�nt
Department except when temporarily used for non-commer�i�l
purposes. The length of permits for r�volving beaeons or
similar devices shalt not exceed three (3) days and shall be
issued a maximum of twice per year.
19. Signs which advertise a business, activity, product or service
nat located exclusively on the premises are prahibited except
as regulated herein.
20. No signs shall be closer than [en (10) feet from any property
iine or corner lots except as otherwise regulated herein.
21. The Planning Commission may impose strictex restrictipns for
the locations of signs when there is reasonable evidence that
any such sign otherwise permitted may interfere with safe
pedestrian or vehicular movement.
22. No sign may contain raore than two (2) sides.
23. Rooftop signs are prohibited in all districts.
. 24. Ali permanent freestanding signs allowed by permit, except in
Agriculture Districts, shall be landscaped with low growing
plants and/or flowers. Plant materials shall be properly
maintained and not allowed to exceed a height of thirty {30)
inches. If a base must be provided to accommodate
landscaping it shall be constructed of stone, masonry or wood .
treated against water damage and insect assault.
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SECTIQN 10.2 PERMITTED SIGNS
A, �11 Districts: The follawing si�ns are altowed without a permit in
all zoning districts, but shall comply with all other applicab}e
provisions of the ordinance.
L Traffic Si ns
2. Public Signs: Signs inctuding pubiic information, points of
interest, memorials and other non-commercial infornnation
provided such signs are erected by or on the order of the
City or other public agency having jurisdiction.
3. Directional Signs Signs �iving direction for pedestrian and
vehicular movement on the premises in which the signs are
located, not exceeding foar {4) square feet in area nor three
(3) €eet in height.
4. Commgmorakive Si�,ns: Signs or plaques stating the name, date
of construckion, etc. of the building itself as opposed to the
name or nature of a business, unless they are ane in the
same.
5. Holidav Signs: Temporary signs or displays relating non-
commerciat messages associated with natianal, state or local
holidays or festivals.
6. �ampaign Signs: Signs or displays naming candidates or issues
to be voted upon at pubiic electians, provided such signs are
posted no saaner than ninety (90) days befare an election and
are removed ten (10) days after an eiection.
7. Real Estate S�ns: Signs displaying sale or lease o€ property
and contacts of owners or agents nat exceeding iwelve (12}
square feet in area, provided only one (1) sign is erected per
street frontage and all signs are removed within ten (IQ� days
after ths sale or lease of the property.
8. Rummage Sale Si�ns: Signs announcing rummage or garage
sales not exceeding four (4) square feet in area, provided such
signs are located on private propetty and are removed
immediateiy after the sale.
9, Address Signs: Signs displaying letters or numbers naming
only the owners and/or address of the property not exceeding
one (1) square foot located at the street frontage property
line, except on corner lots vvhere such signs shall be set back
at least fifteen (15) feet from either property line, or on the
principal structure.
B. Si�ns Allowed by PErmit in AII Districts
1. Gonstruction Si�ns: Signs naming a project, owners,
contractors, etc. not exceeding thirty-twa (32) squaxe feet in
area or ken (10) feet in height, provided such signs cantain na
other advertising and are removed upon completion of the
project or two {2) years fram erection, whichever is sooner.
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2. Developmen[ Si ns: Signs promoting subdivision develapments
under cons[ruction not exceeding 100 square feet in area or
twenty (20) feet in height, provided such signs are located on
the development site and are removed after ninety percent
(90%) of the lots have been sold.
3. Institutional Si ns: Signs displaying names, addresses or �
directions for schools, churches, public buildings, parks, public I
events, etc. not exceeding three (3) square feet in area or six
(6) feet in height.
C. Si$ns Allowed by Permit in Agriculture Districts '
L One (1) sign per farm identifying the name of said farm not ;
exceeding twenty-four (24) square feet. �
2. One (1) sign per farm advertising agricultural products raised
in part on the premises nat exceeding thirty-two (32) square
feet.
D. Si�ns Atlowed by Permit in Resident�l I)istricts
i
1. Permanent identification signs for residential deveiopments not I
exceeding twenty-four (24} square feet per sign with a I
maximum of two (2) signs at each principal entrance.
2. One (1} identification sign for multiple family dweilings not
exceeding twenty-four (24) square feet, set back a minimum of
ten (10) feet from all property lines not exceeding three (3)
feet in hei�ht.
3. l�ne (1) temporary frcestanding sign per residential
development advertising the sale or lease of dwelting units on
the premises not exceeding 10Q square -feet nor twenty {20)
feet in hcight.
4. One (1) identification sign per each permitted public and
institutional principal building or use not exceeding thirty-six
(36) square feet or six (6) feet in height.
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E. Si�ns Allowed by Permit in Commercial and IP Districts
L One (1) freestanding sign for each principal structure nat �
exceeding eighty (80} square feet nor twenty {20) feet in ''
height. �
2. One (1) freestanding sign for each principal structure with ten ,
(10) ar more businesses not exceeding 100 square feet nor �
twenty (20) feet in height. ;
3. Wall signs not exceeding fifteen percent (15�/0) af [he toxat
area of the wall on which the signs are affixed, provided that
structures with more than one (1) sign be signed according to
an approved sign concept plan in which all signs have ;
complimentary designs, similar shapes and sign areas. ''
Consideration may be made by PUD to permit variation in size
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and design of signs for major tenants or anchor businesses in
larger complexes. No sign may faee an abutting residential
district.
4. Changeable letter reader boards provided the sign area is
included in the total sign area permitted. EIectronic reader
boards may be displayed from the inside of baildings to be
visible through windows by pedestrians. Maximurn size for
electronic reader boards displayed in this fas�xion shall be
determined by the Planning Commission; in general, such
displays should be limited to a size which does nQt represent
a distraction to passing motorists.
5. Temporary signs as permitted in residential districts, provid�ed
not more than one (1) such sign is permitted on any one (1j
parcel nor located any closer than I50 feet from any �other
freestanding sign.
6. Public and institutional identification signs as permitted in
residential districts.
F. Si�,ns Allowed bv Permit in IG Districts
1. One (1) fre'estanding sign for each principai structure not
exceeding 80 square feet nor twenty (20} feet in height.
2. Wall signs not exceeding fifxeen (15%) percenk of tl�e total
area of the wall on which the signs are affixed.
3. Temporary signs as permitted in residential districts, provided
not more than one (1) such sign ' is permitted on any one (1)
parcel nor loeated any closer than 150 feet fram any other
freestanding sign.
4. Puhlic and institutic�nal signs as permittcd in residential
districis.
5. Off premises advertising signs, provided such signs are iocated
adjacent to principal arterials as def'rned in the Comprehensive
Guide Plan. Such off-premise advertising signs shall not
exceed 80 square feet in area nor twenty (20) feet in height,
nor be' located at intervals exceeding 2500 feet radius;
provided further such signs shall not be tocated closer than
500 feet from any residence, public or institutional use or
municipal corporate limits. Off-premise advertising signs are
considered a separate use of property and not an accessory
use, and may only be located on a parcel which meets zoning '
requirements for the IG District. No off-premise advertising
sign shall be illuminated between the hours of 12:OQ a.m. and
6:00 a.m.
G. �i�ns Allowed by Permit in PUB Districts
L One (1) freestanding sign far each principal strncture noE
exceeding eighty (80) squaxe feet nor twenty (2Q) feet in
height. .
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2. Wall signs not exceeding fifteen (15%) percent of the total
area of the wall on which the signs are affixed.
H. Signs Allowed by Permit in FW Districts
1, Navigational signs including barge ship identification and
directional signs.
�
2. Park identification and interpretatio� signs. �
SECTION 10.3 PERMITTING PROCEDURES AND ORDINAI+�TCE
COMPLIANCE REQUIREMENTS
A. Permit Requiremeat�: Exce�t as otherwise provided in this
chapter, no sign or structure shall be erected, constructed,
altered, rebuiit or relocated until a permit has been issued by the
City.
1. Agplication Requirements: Applicants should contact the
Community Development Department to obtain the necessary ;
application form. Information required includes sign
dimensions, height, colors, materials of construction, methad
of anchoring, content and location. A sketch or photograph
of the proposed sign is required as welt as a site plan which
adequateiy itlustrates the proposed loGation of the sign.
2. A��lica�c�n Review Pro, edu,r�: Upon the filing of an
application for a sign permit, Community Development
Department Staff shatl examine the pians and specifications
and the premises u�on which it is proposed to erect the sign.
If the pxoposed sign is in eompliance with this ordinance, the
building code of the City and all other laws and ordinances of
the City the sign permit will be appraved.
3. Fee: The req�ired fee as established by resolution of City
Council shall be paid to the City before issuanee of a sign
permit.
B. On�oing Ordinauce Comp�iance Requirements for New and Exlstine
i ns
i
1. ITnsafe Signs. Notice: If the City finds that any sign or other ';
advertising strueture regulated herein is unsafe or insecure, a
menace ta the public, or in violation of the provisions of this
ordinanee, the Director of Community Development shall give,
written notice to the holder of the permit. 'The holder of the ;
p�rmit shall remove or alter the structure so as to comply �
with the standards required by this ordinance and indieated by ;
the Director of Community Development within ten {10) d�jrs �
after issuance of such natice. �
2. Existing Signs: Any sign legally existing on the effective date
of this ordinance which does not conform to the requirements
set forth in this ordinance shatl beeome a nanconforrning use.
Nonconforming signs shall be allowed to continue, but shall �
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not be rebuilt, relocated, replaced or altered without being
brought into compliance with all the requirements of this
ordinance. Maintenance of nanconforming signs shall comply
with provisions of Section 14.3 of this ordinance.
3. Removal of Si ns: The Director of Community Development,
shall order the removal of any sign erected or maintained in
violation of this ordinance. Thirty (30j days notice in writing'
shall be given to the owner of such sign, ar of the building,
structure or premises on which such sign is located, to either
comply with ordinance or remove the sign,
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SECTION 11 PERFORMANCE STANDARDS - ALL DISTRICTS
SECTION 11.1 RESIDUAL FEATURES
Uses which because of the nature of their operation are accompanied
by excess of noise, vibration, dust, dirt} smoke, odor, nc�xious gases,
glare or wastes shall not be permitted. These r�sidual features shall
be considered "excessive" when they either exceed or deviate from the
limitations set forth in the following performance siandards:
A• Noise: Noise shall be muffled so as not to become abjectinnable
due to intermittence, beat frequency, shrillness or intensity.
Noise levels shall be regulated by the standards of the Minnesota
Pollution Control Agency (MPCA).
, B. Vibr�'c�n: No activity or operation shall at any time cause earth
vibrations perceptible beyond the limits of' the irnmediate site in I
which the operation is conducted. Temporary vibrations resulting I,
from normal cons[xuction or reconstruction projects may be
excepted. '
C. pust Dirt Smoke Odor Gases: The release of solid and liquid
particulates, smoke, gases, toxic or noxious materials and ather
materials or odors shall be regulated by the standards of the
MPCA.
D• Glare: Glare from high intensity lighting or high temperature
processes, whether direct or indirect, and as differentiated from
street lighting or general illuminatian, shall not he visible beyond
the limits of the immediate site from which it axiginates.
General lot lighting or security spot lighting shall be dire�ted
away from adjacen[ properties, eliminating or reducing the
illumination generated on the site.
E• �' .,�5: All solid waste material, debris, rubbish, junk, refuse or
garbage shall be kept within a completely enclosed building or
properly contained within a clased cantainer specifically designed
far sush purpose. In tto case shatl noxious or odorous refuse or
garbage be kept outside of a completely enclosed building for a
period of time exceeding the average interval of refuse collection
by commercial rubbish haulers. Hazardous wastes generated from
any activity or operation shall be properly eontained,'labeled and
stored for transfer to an authorized processing, storage or burial
facility, according to the laws of the State of Minnesota.
SECTION ll.2 EXPLOSIVES
Any activity or operation requiring the use, stoxage or manufacturing 'i
of explosives shall be located no closer than 500 feet from any
residential district, provided further that the location of said activity
or operation i$ such that damage from explosion, inclading flying ''
debris, vibration ar smake, is limited to the site on which the activity '
or operation is permitted.
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SECTION 11.3 NON-HAZARnOUS INDUSTRIAL WASTE LAND
DISPOSAL �ACILITY
A, Permit applicants shall submit the following information together
with any other infarmacion requested by the City:
1. The propased project layout including site drawing shQwing
building iocations, access roads, bu f fers, and all majar
facilikies.
2. Froposed technology and design.
3. A complete description of the proposed project's operation,
including but nat limited to phasing and anticipated aperating
lifetime, types of wastes to be accpeted and methods to
verify the waste stream, record keeping methods, staffing,
anticipated waste volumes, containment facilities, contingency
and resgonse plans.
4. A description of anticipaeed traffic generated by the facility,
routes to be used, and access to the site.
5. Identification of known and potential environmental risks
associated with the construction, operation and closure of the
facility.
6. Closure, post closure and contingency plans, including
financing plans.
7. A descxiption of the existing site and surrounding area
including current ownership and land uses, current zoning,
transportation access to the site, topography, existing sail
and hydrogeologic conditions, vegetation, wildlife; surface
waters.
8. Need for City emergency services inc}uding fire, police,
' emergency response, medical.
9. A description af the applicant's experience in operating the
technalogy, proposed training for all operation staf f, and the
environmental record of the technotogy.
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B. Permits for non-hazardous industrial w.aste I�a�sLdis�xas�a�l facilities
shall only be issued if the follawing standards are met or
exceeded:
L The facility must represent the best available technology far
the land�g qf non-hazardous industrial waste.
�l�s�rral
2. The operator and staff must have sufficient experience in the
aperation of such faeilities to ensure competent operation.
3. The design, construction and operation af Ehe facility must
minimize negative environmental impacts and must mitigate
such impacts to the fullest extent possible.
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4. Public health, safety and welfare must be ensured.
5. Adequate closure, post closure and contingency plans raust be �
established.
6. An emergency reponse plan must be established and accepted
by the City.
7. An Environmental Impact Statement must be completed and
all comments to the Environmental Impact Statement must
have been adequately addressed. i
8. There must be adequate access to the site.
9. The proposed project rnust be compatible with surrounding
land use. i
10. The applicant provides financial security sufficieat to
guarantee compliance with the terms of the permit. '
11. The economic benefits, incentives and other advanta�es to
the City and communily must outweigh and known or ;
potential negalive aspects of the facility. ;
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12. The applicant must have a plan for working with industry to �
develop techniques and markets for recycting industrial waste i
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streams. i
13. Permits must have been obtained from all other local, state
and federal agencies.
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SECTION 12 PLANNEn UNiT DEVELOPMENT (PUD)
SECTION 12.1 PUD PURP�SE AND CONDITIQNS
A. Purpose The Planned Unit Development (FUD) procedure is
apglicable to all uses and districts and is optional except where
specifically required by this ordinanee. Its purpose' is to allow
variation from ordinance provisions in order to.
1. Encourage more creative design in the development of land.
2. Promote variety in the physical development pattern of the
City.
3. Create larger expanses of usable open space and preserve
unique naturai features.
4. Preserve and provide a more desirable environment tltan woul'd
be possible under strict ordinance requirements.
5, Permit variations in traditional lot layouts when high
standards of design are implernented and necessary services
can be provided.
: 6. Establish a confidence between the developer, tl�e City and
the residents of Rosemount that is impossible with traditioaal
zoning procedures.
Subdiuision procedures required in the Subdivision Ordinance shall
be incorporated with the requirements and review of a PUD. This
provision is nat intended as a waiver of information to be
submitted; rather, the information submitCed should be in a form
satisfactory to meet preliminary and final platting requirements.
8. Required Conditions. In no case shal! a PUD be construed to
permit a variation in sanitary sewer, group usable apen space, '
maximum lot coverage, screening, landscaping, performance
standards or uses otherwise not permilted in a zone.
SECTION 12,2 PUD PROCEDURE
A. Initial Review. Applicant shall schedule an inikial meeting with
staff to discuss the proposed PUD and review FUD 'requiremeats.
B. Conce�t P1an And Supporiive Information. The applicant shall
submit twenty (20) copies of the faltowing information:
L Property description and acreage, identification of
owner/developer.
2. Existing conditions, metro relationships, surrounding property
ownership, relationship to Guide Plan, existing land use,
transportation, zoning, utilitie5, etc.
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3. Natural features, water, topography, soils, vegetation, etc. and
their implications, if any, for development. �
4. Concept Plan showing land use areas, land use intensities,
acreages, numbers of units, proposed circulation, open space,
recreation, development staging and utiiity provisions.
5. Written information describing proposed land use and land use ,
objectives, the type and character of buitdings, methods of !
providing utilities, etc.
6. Preliminary platting requirements if land subdivi5ion is
involved.
C. �oncept Review. The applicant shall allow four (4) to six (6)
weeks lead time for staff review and recommendation to the
Planning Commission. Upon receipt of the PUD booklets, the
Planning Commission shall request that the City Council set a dale
for a public hearing for formal review of the PUD. The applicant
shall make a presentation of the proposed PUD before the ,
Planning Commission. The Planning Commission shall either I
recommend approval, revision, reapplication or denial of the
• Concept Pian.
D. Fi in . In approving the Concept Plan, the Planning Commission �'
must find as follows and forward its findings to the City CounciL
1. The plan provides sufficient usable open space and evidences a'
substantial preservation of natural features to warrant the
granting of variances through Planned Unit Development. �
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2. The plan complies with the intent of the Comprehensive Guide
Plan. �
3. The proposed development will not be detrimental to
surrounding properties.
4. The plan is more creative and will provide a better living,
working, or shopping environment than is possitale under strict
ordinance requirernents,
E. Concept Plan Review - Public Hearing. The applicant shalt
prepare a Final Development Plan for the proposed development
and shall prepare graphic and written material as follows (20
copies):
1. Legal descriptions of alI parcels to be rezoned. j
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2, Zoning classifications requested;
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3. Detailed site plan showing all dimensians, structures, parking I
and streets, utilities, common open spaces and grading. I
4. Covenants and restrictions, if any, applying to each tract and
to open spaces and including the responsibility for the
maintenance and operation of common areas and facilities.
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5. Density and gross buitding computations.
6. Preliminary architectural drawings for eaeh different building ,
type, except single family dwellings, showing buiiding
elevations, schematic floor plans, unit relationships, activity
areas, building materials, etc.
7. Landscape plan and schedule shawing types, quantity, sizes
and location of plant materiais.
$. Construction-occupancy schedule.
9. A description of the nature and character of non-residetttial
developments inctuding a description of waste emissions,
activities conducted on the premises, etc.
10. Final platting requirements if a land subdivision is involved.
If final platting is done in stages, each phase will require
final platting review accarding to the subdivision ordinance
and approval or denia! of said phases will be determined by
the apparent consistency with the overatl preliminary plat and
' Final Development Plan approved by the City.
G. �o�q�,al � ' lica�ion �tezoning. Applicant shall file a rezoning
petition, if required, pay fees and submit Final Development Plan
graphic information for review by the staff and Planning
Commission.
H. Review. Planning Cammissi�n and staff shatl review the Final
Deuelopment Plan to dctermine i f it con fc�rms with the Guide Plan
and the approved Cc�ncept Plan and shall recommend approval,
revision or reappli�aiion, or denial of the Final Development Plan
and rezonin�.
I. Public Hearin� - FinaF Developrnent Plan/Rezonin�. Applicant shall
make a presentation of the Final Developmenf P1anlRezonings at a
public hearing conducted by the City Council. The City Council
sha11 consider the recommenda[ian of the Planning Commission and
testimony from the public hearing and either approve or deny the
plan, If the plan is appraved, the City and applicant will enter
into a development agreement prepared by the City. Requested
changes in the Final Developmerit Plan after approval has been
granted wi11 required submission of an amended plan document, a
revised plat (if applicable}, an amended development agreement and
a review process incorporating the public hearing requirements,
unless the changes are minor enough to be authorized by
administrative directive.
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SECTION 13 NON-CONFORMING USES
SECTION 13.1 PURPOSE
It is the intent of this ordinance to permit the continuation of
structures, uses and signs which legally exist on the effective date of
[his ordinance but which do not conform to the provisioas herein set
forth for the district within which said structure, use or sign is
located. .
A. To limit the number and extent of non-conforming uses by
prohibiting the enlargement, the reesiablishment after abandonment
and the alteration or restoration after destruction.
B. To eventually eliminate uses which do not conforrn with district
requirements or to allow alterations so they do conform,
SECTION 13.2 ALTERATIONS,MAINTENANCE,RECONSTRUCTIUN,
ABANDONMENT
A. Non-conforming structures, uses and signs shall not be altered or
enlarged unless the change brings the structure, use or sign into
conformance with district requirements.
B, Routine maintenance and re�airs may be performed on a lawful
non-conforming structure or sign to correct normal deteriaration,
obsolescence and wear but shall not constitute more than 30% of
the assessed value thereof.
C. Any non-conforming structure or sign damaged by fire, explosion '
or other causes may be restored, rebuiIt or repaired provided that
surh restoration does not exceed 50% of its assessed value.
D. Whenever a non-conforming structure, use or sign has been
abandoned for a period of six (6) consecutive months, such
discon#inuance shall be considered evidence of legal abandonment
and said use shatl lhereafter be used in conformity with the
provisions of this ordinance.
E. Non-conforming uses shall comply with all regulations for off-
street parking, toading, screening, landscaping and performance
standards.
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SECTION 14 ADMINISTRAT[ON AND ENFORCEMENT
SECTION 14.1 PURPOSE, DEFINITIONS, GENERAL PROVISIQNS
The City Council shall designate a zoning administrator, who shall -
administer and enforce the provisions of this ordinance and for the
purpose of this ordinance shall have the power of a police officer.
The zoning administrator shall also maintain cuxrent and permanent
records of this ordinance, including but not limited to amendments,
variances, appeals and canditional uses.
SECTION 14,2 VIOLATIUNS AND PENALTIES
Any person who violates or fails to comply with any provisions of this
ardinance shall be guilty of a misderneanar and upon conviction
thereof shall be punished by a fine af not to exeeed seven hundred
dollars ($70d.00j or by imprisanment not to exceed ninety (90} days, or
by both such fine and imprisonment, Each day the violation continues
shall constitute a separate of fense.
SECTION 14.3 BUILDING PERMITS - CERTIFICATES OF
OCCUPANCY
A. Permit Rea�ired No structure shall be erected, altered, wrecked
or moved until a building permit has been issued by [he City of '
Rosemount. A Certificate of Occupancy, issued by the Building
Official after final inspections which demonstrates code
compliance, is required prior to the use or occupancy of any
structure or part of any structure.
B. ARplication Cantent All applications must include the fatlowing:
1. Completed application #�orms including all information required
in the numbered spaces, dated and signed by the applicant.
2. Three (3) copies of building plans drawn to scale, together
with specificatians containing the minimum informatian listed
in Section 14.3C. (The requirement for building pians may be
waived by the Building Official for smalt structures or minor
work).
3. In any instance where an application requires a variance to
existing codes or ordinances, and an approval of variance by
the local governing body is not submitted with the permit
application, such application will be returned together with
necessary instructions for use in application to the local
government for the required zoning action.
4. All applications for structures which require driveway access
must be accompanied by an access permit issued by the
Dakata Caunty Highway Department, the Minnesota Department
of Transportation or the City of Rosemount � ��,,,,�,j�$ I�kn��
Department.
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5. Applications for permits for structures, alterations or
modi fication of structures served by individual on-site sewage
treacment systems will be processed onlv after a permit has
been approved for such sewage systems.
6. One set of building plans and specifications noted with
corrections or codes c�mpliance data and stamped as approved
hy the Building Official will be returned with the permit.
�his annrov_ed c„onv must be kepi on the in�iividuai j,ob site
�vailable to ins ection personnei`throughout the cqnstructia�.
C. n r t The City of Rosemount has adopted ehe Uniform Buitding
Code and State Building Code by reference. Information regarding
permits, fees, structural and procedural requirernents not contained
herein may be obtained through the Rosemount Building
Department or State of Minnesota Building Code Division.
1. i e Plan. (Required for every application) A certificate of
survey, proof of ownership (copy of deedj, dimensions of ,
property, location of existing and proposed structures on site,
loeation of well and septic systems, walks, driveways and '
other improvements. '
2. Floor Plans. Each floor or level including basement or
foundation, decks, porches, garage or carport. Size, 'spacing
and direction of floor and ceiling framing members, girders,
beams, columns and piers. Location and size of all windows
and doors including manufacturer's identification and
documentation of window and door infiltration test daca.
Location and size of all permanently installed cabinets,
plumhing fixtures and heating/ventilation equipment. ,
3. Exterior Etevations. All sides' of building showing windows, I',
doors, finished grades, exterior finish, depth of footings, �
foundation walls, picrs and finisheci t'7aor eleva[ians.
4. Details and Sections, A minimum of one section detail
through exterior wall for each type of construction proposed,
showing materials and dimensions of each member' from footing
to the highest point of the roof. Details including
caleulations and stress diagrams together with manufacturer's
specifications are required for all roof trusses. Fireplaces, if '
proposed, must be detailed in plan and cross-section. Details
and calculations are required for each critical construction
detait including beams, overhanging- or cantilevered joists, '
stairways, balconies or other unique structural' features. '
Information and calculations pertaining to thermal
transmittance values and resistance values of each proposed
' material are required and may be shown either on plans or in �
specifications, (See detailed energy requirement sheet for !,
complete listing information).
S. Mechanical Designs. Complete calculations, details and ;
specifications are required for each heating, ventilation, '
humidification/dehumidification and airconditioning installation '
including heat losslheat gain calculations, design ternperatures,
equipment ratings and identi fication as to type, manufacturer ',
and mode. I
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6. Sgecifications may be separate or part of drawings and shall
include description of materials ta be used, ider►tified as to
grade, species,,type, manufacturer and conditions shail include
detailed therriial transmittance calculations togeiher with
supporEing dat� used in computatians.
SECTION 14.A BUI!LDING PERMITS - PLANNTNG C4MMISSION �
REVIEW
A. Site Plan Required
1. Na building permit shall be issued until a site plan has been
prepar�d in accordance wiCh the prouasions of this ardinance
and approved by the Planning Commission.
2. Exceptions
a. The erection or alteration of single family detaehed
residences or accessory struc[ures, when all other
provisians of this ordinance have been rnet,
b. The erection or aIteration of permiEted agrieultural
structures, when all other provisions of this ordinance
have been met.
c. Interior alterations of all structures which do ncat affect
the existing use or intensity of use, when all other
provisions of this ordinance have besn met.
B. Site Plaa Contents
L An application for site plan review must be cornpleted ia full
and accompanied by ten (10} sets of clearly legible blue or
black-lined copies or drawings at a scale appropriate for the
level of review to be perfarmed, �ubmitted at least two (2)
weeks prior to reuiew by the Planning Commission at a
regularly scheduled meeting, and must inctude the foiiowing:
a. Titie or description of the praposed project, including
legal description of the property.
b. Name and registration number, when appropriate, 'of the
person preparing and presenting the site plan information.
c. Lacation of the property with respect to and including
names of adjacent landowners or uses, streets, highways,
railroads, easements or other landmarks.
d. Name and address of owner/developer, scale, nor#hpoint,
date and number af streets.
e. Existing topography as indicated on a contour map having
counter intervals no greater than two (2) feet, which shall
, include, but not be lirnited to, existing buildings,
structures, improved surfaces, transmission tines, fences,
vegetation, streams, wetlands and other water bodies.
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f. Existing drainage of the site in terms of direction and the
rate of which stormwater flows.
g. A description of soils.
h. The proposed size, alignment, height and use of
structures, signs or work performed, including all sign, lot
and structure dimensions.
i. A description of driveways, sidewalks and parking
facilities, including a description of the type and quantity
of surfacing materials.
j. A grading plan at two (2) foot contour intervals and a
description of the change in grade as it relates to
structure location, other lot improvements, adjacent
properties, drainage control and proposed rate of
stormwater runoff.
k. A scaled landscape plan showing the location, size,
quantity and type of landscape materials to be used and
an explanation of any existing 'vegetation 'Chat may be
disturbed, removed or replaced.
1. A description of the availability and access to xequired
public utilities.
m. A description of the method waste treatment to be
utilized and an analysis oI the wastewater flows generated
from the development.
n. An erosion control plan which may be necessary to
prevent erosion during constructian or after project
completi�n.
o. A description of lol lighting or exEtaordinary illumination
projecting from a structure.
p. A description of the levels of noise, vibration, glare,
smoke, odor, waste or other emissions generated and the
methods employed to contain or control such emissions.
q. nther information pertinent to the particular application
which in the opinion of the City or applicant may be
necessary for review of the project.
2. Exce��ions
a. Where information is on fiie in the City Hall, i.e.,
information submitted and approved in forrnal platting,
some of the requirements may be waived at the discretion
of the Planning Department.
b. Additions to existing structures, centers or eomplexes,
approved by the City, may be exempt from some of the
requirements, depending on the level, of informaEion on
file and the rela-ti�nship of the proposed add'ition.
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c. All other exceptions must be 'approved by the Planning
Commission according to procedures contained herein.
SECTION 14.5 LICENSING REQUtREMENTS
A. License Reqt�ired Befare az�y person shall engage in any of the
following businesses within the City of RQsemaunt, he shall obtaia
a license as provided herein:
l. Cement work, cement block wark, cement blo�k laying or
brick waxk;
2. ' General construction inctuding erectian, alteration or repair of
buildings or s[ructures;
3. Plastering, outside stucco work or iathing;
4. Heating, including the installation of heating, ventilation, air
conditioning or refrigeration equipment, except the installation
af window air canditioning units;
5. Natural gas installation, including gas heating equipmenx,
appliances and ather dev�ces using natural gas,
6. Roofing;
7. Sign and billboaxd erecting;
$. Excavation, including excavation for building foundations and
earth grading;
9. Private sewer installation, repair, pumping and hauling, and
10. Fencing.
B. Praof of State License Before any person shall engage in any of
the foilowing businesses 'within the City of Rosemount, he shall
file proof with the City Clerk of compliance with al1 state
licensing requirements:
i. Plumbing work;
2. Electrical work;
3. Building mover;
4. Steam fitter;
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5. Welt driller; and
6. Water conditioner installer or contractor.
C. Conditions Applications, fees and conditi4ns for licensing are
established by separate ordinance. All i,nformation may he
obtained through the office of the City Clerk.
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SECTION 14.6 ON-SITE SEWER REQUIREMENTS
Standards for the installation and repair of individual on-site sewer
systems are established by the Minnesota Pollution Cantrol Agency.
Commonly referred to as "WPC-40," these standards are herein
adopted by reference.
A. Permit Required No person shall instatl, repair, altex or pump an
on-site sewer system without first obtaining a permit a� pravided
herein. Applications, provided by the City, raust be completed in
writing prior to issuance of a permit. Permit fees are established
by resolution of the City Council.
B. License Reg,�ired Installatian, repair, pumping and hauling of
private on-site sewer systems requires lieensing per Section 5.4 of
this ordinance.
C, Reauired Gonditions
i. Soil percolation tests must be completed by an independent
part and must be favorable for the operation of an on-site
sewer system before a permit will be issued.
2. Installations, alterations, 're�airs an�i maintenance shall be
performed in accordance with the latest "WPC-40" standards
published by the Minnesota Pollution Control Agency. '
3. No private on-site sewer system shall be permitted on any site
less than 2.5 acres.
SECTION 14.7 GRADING PERMITS
A. Permit Reauired No person shall excavate, fill, dig, raise or lower
or otherwise alter the surface of the earth without first obtaining
a permit as required under Sections 9-2-1 and 9-2-2 of the City
Code of the City of Rosemount and as further provided for herein,
Applications, provided hy the City, must be completed in writing
prior to issuance of a permit. Permit fees axe established by
resolucion of the City CouneiL
B. Licease Re uired Excavating, filling or any o[her type of earth
moving requires licensing per Section 14.5 of this ordinance.
C. Required Conditions
1. All disturbed areas musf be resodded or seseeded with
: recommended ground cover as soon as practicable.
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Z. A soil erosion control plan may be required with an
application and will serve as a condition o€ the permit
issuance.
3. Finished grades shall not exceed a :four to one (4:1) ratio,
uniess existing conditions warrant an exception.
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4. Finished grades shall not affect the course of natural or pre-
constructed drainage ways to the extent that results in an
increase in the rate of quantity or the relocation of runof f
onto adjacent properties.
5. No alterations shall be permixted on designated wetlands,
reeorded easements or pubtic right-of-way without the
expressed vvritten consent of the City Council andlor other -
affected jurisdictions.
6. Excavations involving khe removal of more than 10,OOQ cubic
yards o€ material shall require a mining permit.
SECTION 14.8 MINERAL EXTRACTIQN
A. Permit Re uired. It shall be unlawfu'1 for any person, firm ar
corporation to remove, store or excavate rack, sand, gravel, clay,
silt or other like material in the City, or tQ' fill or raise the
existing surface grades, without receiving a permit far mineral
extraction. Such permits may only be issued in the zoning district '
when minexat extraction is listed as a permitted use with special
restrictions. Furthermore, mineral extraction shall not be allowed
in that portion of Rosemount located west of Akron Avenue, so as
not to interfere with the orderl'y growth and expansion of public
utilities.
B. Exceptions. An extraction permiC shali not be reqnired far any of
the following:
1. Excavation far a foundation, eellar or basement of a building
if a building permit has been issued.
2. Excavation by State, County or Gity authorities in connection
with construction or maintenance of roads, highways ' or
utilities.
3. Curb cuts, utility hook-ups or street openings for which
anothex permit has been issued by the City.
4. Excavation less than 100 square feet in area or one {1) foot
in depth,
5. Excavation or grading for agricultural purposes.
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C. Extraction Permit Application Requirements. Application for the i
ex[raction, permit shall be made in writing in the form specified
by the City. The application shall contain the following
in formation:
1, The correct legal description of the land upon which
cxcavatiun is prc��t�secl.
2. The name and address of the applicant, the owner af the land
and the person or corporation conducting the actual removal
operation.
3. The names and addresses of all adjacent land owners within
250 feet.
4. The purpose of the proposed excavation.
5. The estiznated time required to complete the proposed
excavation and rehabilitation.
6. The names of the highways, streets or other public roadways
within thc Cily upon which the matcrial shall be transported.
?. Specifications for the following using appropr.iate maps,
photographs and surveys
a. The physical relationship of the proposed excavation site
to the community and existing community develapment.
b. Site analysis information such as trees, depth of topsoil,
adjacent and on-site buildings and land uses, flaod levels,
watercourses and elevation and percent stope within 100
feet beyond the perimeter of the site.
c. The estimated quantity of materials to be excavated.
d. The depth of water tables throughout the proposed
excavation site.
e. The average thickness of overburden on the proposed
excavaeion site.
8. The plan of operation, including processing, if any, the type
of resources of materials to be removed, the nature of the �
processing and equipment, location of the processing plant, �
sources of water, disposal of water, reuse of water and the
use of explosives.
9. Plans for drainage, wind and water erosion control,
sedimentation and dust controt, maintenance of security on the
propased excavation site, control of access to apen excavation
and controi of weeds and unsightly vegetation.
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10. A comprehensive rehabilitation plan showing suitable provisit�ns
for reclamation and reha6ilitation of the excavated area to a
usable candition compatible with the adjacent land such that
it will now beGame a health or safety hazard or a nuisance.
Such plan shall, as a minamum, include anticipated fin�al
e}evations, slopes and plans for the return of subsoil and
topsoit. Where the Council deems practical and necessary,
such plan shall also include adjoinittg related areas where
excavations have previously been made which remain under the
control of the appticant or the owner of the land on which
the excavation is prapased.
D. Standards. The following standards shall apply to all extraetion
operations:
1. Bo n ar . Extraction operations shall be eonducted within the
confines of the excavation site described in the application.
2. A�,gs�. Extraction operations shall anly be allowed on sites
which have direct access to either a princigal art�rial, minor
arterial or to a col#ector street as designated in the City of
Rosemount Comprehensiue Guide Plan,
3. Frohibited Areas. Exkraction opera[ions shall not be
conducted within the foliowing:
a. Five (5} feet of the right-of-way of an existing public
utility.
b. Thirty (30) feet of thc boundary of an adjoining property
which is not being used f�r extraction operations.
c. Twenty-five {25) feei of the right-of-way of a public
street or highway.
4. FencinQ. During excavation ��erations, access to any area
where collections of water are one and one-half (1-1l2) feet
in depth or more or where excavation slopes are steeper than
ane (1) foot verkical to one and one-half (1-112) fest
horizontal and any other areas where obvious danger to the
public exists shall be controlled by a fence erected and
maintained around the entire site or portions thereof and shall
be a type specified by the Council.
5. Appearance and Screening
a. All machinery shall be kept operational.
b. Abandoned machinery and rubbish shall be promptly
removed from the excavation site.
c. Within three (3) months after the termination of
excavation operations or within three (3) manEhs after the
expiration of the extraction permit provided by this
Ordinance, the applicant or owner shall dismantle
buildings and structures incident to excavation operations
and shall grade thQ excavation site,as well as complete atl
rehabilitation on the site as provided b� the rehabilitatian
plan.
d. When required, the perimeter of the excavation site shall
be planted or otherwise screened.
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e. Existing tree and ground cover shall be preserved to the
maximum extent feasible, maintained or supplemented by
selective cutting, transplanting and xeplanting of trees,
shrubs and other ground cover along all setbAck areas.
6. Excavation Operating Standards
a. Noise. Maximum noise level at the perimeter of the
excavation site shall comply with the limits or standards
established by the� Minnesota Pol�ution Control Ag�ency and
the United States Environmental Protec[ion Agency.
b. Hours. All excavation aperations shall be conducted
between 7:00 a.m. and 7:00 p.m., Monday through Saturday
only. The City Council may restrict excavation,
processing or related operations on legal holidays if such
activities cause noise or other disturbances of.fensive to
adjacent property owners.
c. Explosives. The use and handting of explosives at the
excavation site shall be coordinated with the Poliee
Department. Blasting shall occur only at hours speeified
in the extraction permit.
d. Fug:itive Dust. Excavation operators shall use all practical
means to reduce the amounl of fugitive dust generated by
excauation operations. In any event, the amount of dust
or other par[iculate matter generated by the excavation
shall not exceed air pollution standards established Hy the
Minnesota Pollution Control Agency.
e. �Vater Pollution. Excavation operators shall cornply with
all applicable Minnesota Pollution Control Agency and
Department of Natural Resourees regulatians and all
applicable United States Environmental Protection Agency
regulations for the protection of water quality. Nb waste
products or processed residue, including untreated wash
water, shall be deposited in any public waters of the
State of Minnesota.
f. Topsoil Preservation. All topsoil shall be retained at the
excavation site until the compleiion of rehabilitation work
in accordance with the rehabilitation plan.
g. Slopes During Excavation Operations. During the entire
period of operatians, all excavations other than the
warking face, shall be sloped on all sides to a maximum
ratio of one (1) foat horizontal to one (1) foot vertical,
unless a steeper slope is appxoved by the City. VYhere
excavations are adjacent to a public roadway or dther
right-of-way, the excavation shall have a maximum slope -
of four (4) feet horizontal to one (1) foot vertical.
Slopes adjacent to waterways sha11 not exceed six (6) feet
horizontal to one (1) f�ot vertical.
h. E�ui ment. A11 equipment and machinery shall be
operated and maintained in such a manner as to minimize
dust, noise and vibration. Power drives or power-
producing macHines shall nat be housed or operated less
than one thousand (1,000) feet from a residential use.
ACeess r�ads shall be maintained in dust-free condition by
surfacing or othcr trcatmen[ as may be specified by the
city engineer.
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i. PrOC�S�in.g. Crushing, washing .and refining, or okher
similar processing may be authorized by the Council as an
accessory use, provided, however, that such accessory
processing shall not be in conflict with the use
regulations of the -district in which the operation is
located.
j. Council Waiver. The Council, at the time of issuance of
the extraction permit, may waive or modify any of the
provisions in this Section or impose additional
requirements if it finds that the plan of operation or
other materials submitted with the application or other
factors make appropriate more suitabte measures for
standards consistent with the public health, safety and
welfare,
E. Special R�uirements The Council, as a prerequisite to the
issuance af an extraction permiC, or after an extraction permit has
been granted, may require the applicant ar owner of the premises
to:
1. Reimburse the City for the cost of periodic inspections far
the purpose af determining that the provisions of the
extraction permit and this drdinance are being followed.
2. Submit the Couneil a detailed map of the streets on which the
materiat removed shall be transported (haul roads). The City
shall inspect the haul roads proposed to be used by the
appticant or owner and shall recommend to the Council
necessary upgrading or repairing of the hanl roads prior to
their use by the applicant or owner. The Council `shall
designate the haul raads and shall incarporate the
recommendations of the responsible City officials in the
extraction permit issued to the applicant. It shali be the
' responsibility �f the applicant or owner to maintain the haul
roads in accordance with the provisions set forth in the
psrmit. The City shall periodically inspect haul raads to
insure complianee with the permit. During the period of �r
upon eompletion of the excavation operations, the applicant or
owner shall make any necessary repairs to the haul roads as
recommended by the City. All costs of inspection provided
for in this paragraph shall be borne< by the applicant or
owner. The use of the haul roads shall be further subject to
any road and weight restrictians imposed by the City.
3. Submit annually in writing to the Council the estimated
quantity of minerals to be excavated. If the quantity of
minerals to be excavated is for any reasan likely to exeeed
the original estimate herein required, the applicant or owner
shall notify the Council of the change in estimated quantity.
4. Comply with such other requirements as the Council shall from
time to time deem proper and necessary for the protection of
its citizens and the general welfare.
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F. Inspections The City may inspect atl excavation sites where an
extraction permit has been issued. The operatec! or:owner of any
excavation operation found in violation of the requirements of this
ordinance or its extraction permit shall remedy such violations
within the time specified by written notice from the City.
G. D�r��ion of Extraction Pe�mit The excavation license shall run
frorn Jaauary 1 through December 31 of the same year or for a
lesser period af time as the Council may specify at the time af
issuanee of the extraction permit. If the extraction permit is to
run for less than a full year, the fee shall be prctrated as
determined by the Council.
H. Extraction Permit Fee 'I'he applicant or owner of the premises on
which �he excavation opera[ion is l�cated sha11 annually submit to
[he Council written estimates of:
1. The total area of the mineral extraction operation {expressed
in acres) to be actively mined during the forthcoming year;
and
2. The total area for which an extraction permit pexmitting
mineral exxraction operations has been granted (expressed in
acres) which will not be actively mined in the forthcoming
year.
The Council shall, by Resolution, establish an annuat per acre;permit
fee.
I. Sure�,�Bond The Council shall reqaire the applicant`or owner of
the premises on which the excavation operation is located to post
a surety bond with a surety acceptable to the City, cash �Scrow
or letter of credit ("security") in an amount determined by the
City Council, running t� the City, conditioned io pay the City the "
extraordinary cost and expense of repairing any stxeets where
such repair work is made necessary by the special burden- resulting
from hauling and travel, and removing material from any pit or
excavation, and conducting reyuired rehabilitation and conditioned
further to comply with all the requirements of this ordinance and
the particular extraction permit, and to pay any expense the City
may incur by reason of doing anything required to be done by any
applicant to whom a permit is issued. The security shall remain
in fnll force and effect for a minimum period of one (1) year
after expiration of the extraction permit to guarantee the required
rehabilitation as well as the other requirements`herein provided.
SECTION 149 RECYCLING QPERATIONS
A. Permit Rey iu red It shall be unlaw[ul for any person, firm or
corporation to establish or expand, in any way, a recycling
operation without first reeeiving a permit from the City. Such
permit may only be issued in a zoning district where "such use is
listed as a perrnitted use.
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B. Permit Application Requirements Application for a permit shall be
made in writing in the forrn ' specified by the City and shall
contain the following informakion:
L The correct legal description of the land.
2. The name and address of the �pplicant and the owner of the
land if different from the applicant.
3. Maps, photographs and surveys illustrating the relationship of
the site to the community and surrounding properties and
existing site conditians ineluding vegetation, surfaee waters
and topography.
4. A description af the operatian as regards the sales of parts
and the use of cutEing, compressing and packaging equipment.
5. A site plan, to scale, shawing the location and intended use of
atl structures, storage areas, driveways, parking and
equipment.
C. Developmeat and eratinS Standards
1. The site shall be a minimum of five (5) acres in size,
2, A solid wall or fence at least eight (8) feet in height shall t�e
provided around che entire perimeter of the site to screen
said site from publie streets and surrounding property. 5uch
fence shall be of sound consxruction and shall be properly
maintained.
3. All aetivities sha11 be canfined within the fenced-in area.
There shall be no stacking of materiai above the height of the
fence or vaall except that equipment u3�d on the site may
exceed the wall or fence height. No equipment, material,
signs or lighting shail be used or stored outside the fenced
area. There shall be no storage of materials within semi-
trailer units or other vehicles which would extend above the
height of the fence.
4. All equipment used in industri�l processes, including that used
fox cutting, carnpressing or packaging, shatl be within a
completely enclosed building.
5. The fenced area shall be set back at least two hundred (20�)
feet from any sxreet and the area within front or street side
yards shall be planted with trees, grass and shrubs in
accordance with Sectian 8.3.
6. Whenever the operation abuts an "R" District, a transition
strip of at least two hundred (2Q0) feet in width shall be
provided between the fenced area and the "R" Llistrict
boundary. Said transition strip shall be landscaped as
prescribed in 5. above.
D. Additional Ret�uirements The City may attaeh such additional
conditions as may be required ta insure compliance with this
ordinance.
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SECTION 14.10 INTERIM USE PERMITS
A. Apnlication Publ�c Hearin�,, Notice and Procedure The application,
public hearing, public nolice and procedure requiremenCs for
interim use permits shall be the same as those for amendments
as provided in Seclion 16 of this ordinance, except thal the permit
shall be issued on the affirmative vote of a majority of the entire
council. Specific submissions required to complete an application
for an interim use permit shall be specified for each type of
interim use allowed.
B. Termination An interim use perrnit shall terminate on the
happening of any af the following events, whichever first occurs:
1. The date stated in [he permit.
2. Upon violation of the condition under which the permit was
issued.
3. Upon change in the City's zoning regulation which renders khe
use non-conforming.
C. Standards
1. The interim use must be allowed in the zoning distxict where
the property is located.
2. The interim use must meet or exceed the performance
standards set forth in this ordinance and othex applicable City
ordinances.
3. The interim use must comply with the s}�ecific standards for
lhe use identificci in this c�rdinance, and must c�mply with aC1
condilions of appr�val which shall he included in an interim
use permit agreement.
D. Conditions The City may attach condition to approval of a permit
to mitigate anticipated adverse impacts associated with the use, to
ensure compliance with the standards o� approval, to protect the value -
of other property, and to achieve the gaals and objectives of the
comprehensive plan.
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SECTiON 15 B(?ARD OF APPEALS AT'VD ADJUSTMENTS
SECTION 15.1 AUTHORIZATION, POW�RS AND DUTTES
The Planning:Commissian shall act as the Board of Appeals and
Adjustments and shall have the power to hear and decide, subject to
appeal to the City Couneil, requests in the following cases:
A. Interpret ka eon Hearing appeals where it is alleged that there is
an error in a decision or judgement made by an administrative
officer in the interpretation or enforcement af this ordinance or
in the interpretation of zoning district boundaries.
B. Variances Grant variances from literal ordinance requirements in
instances where strict en#orcement would caus� undue hardship
because af circumstances unique to the individual propexty under
consideraEion.
SECTION 15.2 PROCEDURES
Interpretati�ns rnay be requested to be heard by the Board of
Appeals and Adjustments at any regularly scheduled meeting af the
Planning Commission. Requests for variances are subje:ct to Ehe
following;
A. Applications provided by the City must be completed in writing
prior to any consideration of v�riance petitions. Fees f�r
variances are established by resolution of the City Council.
B. The Board of Appeals and Adjustments shall require tl�e applicant
to provide plans, maps, suxveys, etc., as deemed necessary, to
ensure proper review and consideratian of variance petitions.
C. Within thirty (30) days after the filing of an application, the
Board of Appeals and Adjustments shall set a date for a public
hearing: Notice of the hearing shall be published at least ten (10)
days prior to the date of the hearing, and notice shall be mailed
to each property owner within 35Q feet of the property to which
the variance relates.
D. Upon hearing the request, the Board of Appeals and Adjustments
shall either approve or deny the variance and shatl state che
reasons for said action. GonditiQns for approval may be attached
to any variance granted.
E. Within thirty (30) days of the action of the Board o#' Appeals and
Adjustments, the applicant or affected property owner may file an
appeal to the City Council from the decision of the Baard of
' Appeals and Adjustmenis. The City Council shall thereafter set a
date for a public hearing and make a decision thereon to approve
or deny the variance.
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F. Fin in The Board of Appeals and Adjustments and the City
Council, upon appeal, must [ind as follows in the granting of a
variance from this ordinance:
1. Granting a variance will not adversely af fect the public
health, welfare and safety and will not be detrimental or
injurious to property or improvements in the neighborhood.
2. Strict interpretation or enforcemenc would resutt in a
practical difficulty or unnecessary hardship inconsistent with
the intent of this ordinance and the Comprehensive Guide
Plan.
3. There are exceptional or extraordinary circumstanees or
conditions applicable to the prtrperty, use or facilities that da
not apply generally to other properties in the same disCrict.
4. Strict or literal interpretation would deprive the applicant of
the use and enjoyment of his property in a manner similar to
other owners in the same district.
5. Granting of the variance will not allow a use which is
otherwise not a permitted use in the zoning district in
question.
G. Lapse and Reapplication
1. A variance granted but not used shall become void one {1)
year after its effective date.
2. No application for the same or substantialty the same variance
shall be made within six (6) months of the date of deniaL
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SECTI4N !b AMENDMENTS
SECTION 16.1 PURPOSE
The purpose of this section is to allow for additions or revisions to
the provisions of this ordinance and ehanges in zoning disErict
boundaries.
SECTION 16.2 PROCEDURES
A. i�i,�iation An amendment to this ordinance may be initiated by
the City Council, Flanning Cammission or by petitian o€ a
landowner.
B, Anplication Applicatians provided by the City shall be completed
in writing prior ta anq cansideration for an amendment to this
ordinance. Zoning amendment fees are established by resolution
of the City Council. Applications shall not be formally accepted
until all supportive or supplementary information has been
furnished by the applicant.
C. PI nnin$ Commission Recommendation No amendment tQ this
ordinance sha}l be considered without recommendation by the
Planning Commission. The Planning Gommission shall farward its `
finding and recomrnendakions on the amendrnent to the City
Council within forty-five (4�'jdays af receipt of the application.
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D. P�b#ic Hearin,g No a endment to this ardinance shail be
considerec! until a publi hearing has been held by the City
Couneil. Within forty-five s1�r days after the recommendations of
the Planning Commission, notice of the hearing shatl be published
in the City's of ficial newsp�per, at teast ten'(10) days prior 'to the
hearing. Amendments affecting changes in zoning districts shall
require mailed notice to each praperty owner within 350 feet of
the affected property. However, in the Agriculture District
affecting changes in 2oning Districts shall require m�iled natice t-o
each property owner within 1/4 mile of the affected property,
The City shall use its available records to determine the names
and addresses of property owners. Failure to give notice to
individual property owners ox defects in the notice shall not
invalidate the proceedings, provided a bona €ide attempt was made
to comply with these provisions.
E. City Caaacil Ac�,ion The City Council shaYl not act on any
amendment until the Planning Commission has forwarded its
recommendations and a public hearing has been heid. Amendments
to this ordinance require a two-thirds (2!3) vate of the City
CounciL
F. ReapQliratio� No applieation for the same or substantially ihe '
same amendment shall be made within six (6) months of the date
of denial.
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SECTION 17 VALIDITY
Should any provision of this ordinance be declared' by the courts to be
invalid, such decision shalt not affect the validity of this ordinance as
a whole or any oxher part thereof, unless so specified in the
judgement. If the courts declare the application of any af the
provisions of this ordinance to any individual, use, property or
structure to be invalid, such jucigement shalt not- affect the validit}t of
said application of any proviszon to any other indiuidual, use, property
or structure, unless so specified in the judgerrient.
SECTION 18 REPEALS
Ordinance No. XVII.3 and all amendments thereto are hereby repealed.
Parts of o[her ordinances in conflict with this ordinance to the extent
of such conflict and no furthex, are hereby repealed.
SECTION 19 EFFECTIVE DATE
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' The effective date of this ordinance shalt be after its passage and
publication according to law.
Adopted this day of , 19_
Mayor
ATTEST;
Stephan Jilk, Administrator/Clerk
Published in the Dakota County Tribune this day of
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