HomeMy WebLinkAboutPC Packet 7.23.2024City of Falcon Heights
Planning Commission
City Hall
2077 Larpenteur Avenue West
WORKSHOP AGENDA
Tuesday, July 23, 2024
7:00 p.m.
A.CALL TO ORDER: 7:00 p.m.
B. ROLL CALL:Scott Wilson ____ Laura Paynter ____
Jacob Brooks ____ Mike Tracy ____
Jim Mogen ____ Rick Seifert ____
Jake Anderson ____
Staff Liaison – Hannah Lynch ____
Council Liaison – Eric Meyer ____
C. NEW BUSINESS
1.City Code Updates – Accessory Dwelling Units & Parking Minimums
2.Adult-Use Cannabis Discussion
D.INFORMATION AND ANNOUNCEMENTS
1. Staff Liaison Report
2.Council Liaison Report
E.ADJOURN
Next regular meeting date: August 27, 2024
ITEM FOR DISCUSSION
City of Falcon Heights, Minnesota
__________________________
Item City Code Updates – Accessory Dwelling Units and Parking Minimums
Description
The City Code frequently needs updates as issues are raised and code is
enforced by Staff. Staff has drafted potential updates to City Code regarding
accessory dwelling units and parking minimums for review and discussion by
the Planning Commission.
Budget Impact None.
Attachment(s) • City Code – Zoning Chapter with Drafted Changes
• City Code – Building Chapter with Drafted Changes
Action(s)
Requested
Staff requests the Planning Commission discuss these topics and potential
amendments to City Code.
Meeting Date July 23, 2024
Agenda Item C-1
Attachment See below.
Submitted By Hannah Lynch, Community
Development Coordinator
Chapter 113 - ZONING1
Article/Division/Section:
ARTICLE I IN GENERAL
113-1 Purpose and intent
113-2 Chapter cumulative
113-3 Definitions
113-4 Application and interpretation
113-5 Nonconforming uses, buildings and structures
113-6 Lot provisions
113-7 – 113-30 Reserved
ARTICLE II ADMINISTRATION AND ENFORCEMENT
DIVISION 1 GENERALLY
113-31 Enforcement; violations; penalties
113-32 Zoning administrator
113-33 Conformity of building plan to regulations
113-34 Payment of city expenses
113-35 Amendments
113-36 Fees and costs
113-37 – 113-60 Reserved
DIVISION 2 APPEALS AND VARIANCES
113-61 Board of adjustments and appeals
113-62 Variances
113-63 – 113-82 Reserved
DIVISION 3 CONDITIONAL USE PERMITS
113-83 Purpose and public policy
113-84 Application; information required
113-85 Hearing; development standards
113-86 Action
113-87 Violations; termination
113-88 Performance bond
113-89 – 113-119 Reserved
DIVISION 4 INTERIM USE PERMITS
113-120 Purpose and intent
113-121 Procedure
113-122 General standards; termination
113-123 – 113-142 Reserved
ARTICLE III ZONING DISTRICTS ESTABLISHED; ZONING MAP
113-143 Districts
113-144 Zoning district map
113-145 Annexed territory
113-146 – 113-173 Reserved
ARTICLE IV DISTRICT REGULATIONS
113-174 One-family R-1 residential district
113-175 One- and two-family R-2 residential district
113-176 R-3 medium density multiple-family residential district – apartment
buildings
113-177 B-1 neighborhood convenience district
113-178 B-2 limited business district
113-179 B-3 Snelling and Larpenteur community business district
113-180 Public land (P-1)
113-181 R-4 high density multiple-family residential district – apartment buildings
113-182 R-5M mixed use high density residential district
113-183 – 113-198 Reserved
ARTICLE V PLANNED UNIT DEVELOPMENT (PUD)
113-199 Purpose
113-200 Required use
113-201 General requirements and standards
113-202 Permitted uses and standards
113-203 Procedure for processing a planned unit development
113-204 Coordination with subdivision approval
113-205 Development contract
113-206 Rezoning
113-207 Control of planned unit development following completion
113-208 Amendment of plan
113-209 Expiration of plan
113-21009 Urban farm planned unit development district
113-2110 South 215.125 feet of lot 1, block 1, Lindig Addition planned unit
development
113-2121 Amber Union planned unit development
113-2132 Amber Flats planned unit development
113-2143 – 113-239 Reserved
ARTICLE VI SUPPLEMENTAL DISTRICT REGULATIONS
DIVISION 1 GENERALLY
113-240 Accessory buildings and structures
113-241 Required yards and open spaces
113-242 Fences
113-243 Height limitations
113-244 Telecommunication towers and antennas
113-245 Essential services
113-246 Land reclamation
113-247 Mining
113-248 Firewood storage
113-249 Manufactured homes
113-250 Private automobile repair and reconditioning
113-251 Vehicle sales
113-252 Drive-through facilities
113-253 Mobile storage structures
113-254 Solar energy systems
113-255 – 113-280 Reserved
DIVISION 2 OFF-STREET PARKING AND LOADING
Subdivision I In General
113-281 – 113-308 Reserved
Subdivision II Off-Street Parking
113-309 Scope and purpose
113-310 Residential districts
113-311 Surfacing and drainage
113-312 Location
113-313 Underground parking credits
113-314 Miscellaneous provisions
113-315 Design and maintenance of off-street parking areas
113-316 – 113-333 Reserved
Subdivision III Off-Street Loading
113-334 Location
113-335 Size
113-336 Street access
113-337 Accessory use
113-338 Alterations
113-339 Schools
113-340 Repair and service
113-341 Utilization
113-342 Central loading
113-343 Minimum facilities
113-344 Business districts
113-345 Other zoning districts
113-346 Temporary use permit
113-347 Use by taxi, bus
113-348 – 113-367 Reserved
DIVISION 3 DESIGN AND PERFORMANCE STANDARDS
113-368 Minimum standards
113-369 The principal building
113-370 Exterior storage
113-371 Environmental pollution
113-372 Screening
113-373 Landscaping
113-374 Reasonable maintenance and repairs required
113-375 Lighting, lighting fixtures and glare
113-376 Traffic control
113-377 Storage of hazardous materials and explosives
113-378 Fall-out shelters
113-379 Guesthouses
113-380 Dwelling units in commercial districts
113-381 Coin-operated machines
113-382 Swimming pools
113-383 Service stations
113-384 Drainage
113-385 Access drives; construction standards
113-386 Tennis courts
113-387 Vegetation cutting
113-388 Building permits and visual standards
113-389 Quasi-public structures
113-390 Relocation of structures
113-391 Home occupations
113-392 Prohibited dwelling units
113-393 Solar systems
113-394 – 113-399 Reserved
DIVISION 4 SPECIAL EVENTS
113-400 Purpose and intent
113-401 Permit required
113-402 Permit standards
113-403 Application procedures
113-404 Fees
113-405 Granting a permit
113-406 Denial of permit
113-407 Transferability
113-408 Enforcement and penalties
113-409 Revocation of permit
113-410 – 113-414 Reserved
ARTICLE VII SIGNS
DIVISION 1 GENERALLY
113-415 Noncommercial speech
113-416 Permits
113-417 Periodic inspection
113-418 Height abovegrade level
113-419 General setback requirements
113-420 Painting requirement
113-421 Required marking on sign
113-422 Removal of obsolete and nonconforming signs
113-423 Unsafe and unlawful signs
113-424 Obstruction of fire escapes
113-425 Conformity with zoning and building codes
113-426 Nonconforming signs – Compliance
113-427 – 113-448 Reserved
DIVISION 2 RESTRICTIONS BY ZONING DISTRCITS
113-449 Signs permitted in residential districts
113-450 Business districts
113-451 – 113-468 Reserved
DIVISION 3 RESTRICTIONS ON SPECIFIC TYPES OF SIGNS
113-469 Signs as traffic hazards
113-470 Certain signs prohibited
113-471 Illuminated sign restrictions
113-472 Signs in public right-of-way
113-473 Flashing signs
113-474 Temporary and election signs
113-475 Service station signs
113-476 Real estate signs
113-477 Private traffic signs
113-478 Vacant lots
113-479 Rooftop displays and aerial searchlights
113-480 Signs on windows and doors
113-481 Ground signs
113-482 Moving or revolving signs (motion signs)
113-483 Wall signs
113-484 Signs painted on walls
113-485 Projecting signs
113-486 Electric signs
113-487 Construction signs
113-488 Roof signs
113-489 Advertising signs
113-490 Multifaced signs
113-491 Large signs
113-492 Dynamic display signs
113-493 – 113-499 Reserved
ARTICLE VIII FLOODPLAIN REGULATIONS
113-500 Statutory authorization and purpose
113-501 Warning and disclaimer of liability
113-502 Permit requirements
113-503 Permit application
113-504 Duties of the zoning administrator
113-505 Review of permit application
113-506 Subdivisions
113-507 Water supply system
113-508 Sanitary sewage and water disposal systems
113-509 Annexations and extraterritorial jurisdiction
113-510 Greater restriction
ARTICLE I - IN GENERAL
Sec. 113-1 - Purpose and intent
The purpose and intent of this chapter is to:
(1) Protect and promote the health, safety, comfort, convenience and general welfare of
the people who are citizens of, reside in, transact business in or own property in the city;
(2) Divide the city into zones and districts to restrict and regulate therein the location,
construction, reconstruction, alteration and improvements of land and structures
thereon;
(3) Promote the orderly development of the residential, business, industrial, recreational,
and public uses;
(4) Provide adequate light, air, and convenience of access to property;
(5) Limit congestion in the public rights-of-way;
(6) Prevent overcrowding of land and undue concentration of structures by regulating the
use of land and buildings and the bulk of buildings in relation to the land and buildings
surrounding them;
(7) Provide for the compatibility of different land uses and the most appropriate use of
land throughout the city;
(8) Stage development and redevelopment to coincide with the availability of necessary
public services;
(9) Protect the character and maintain the stability of residential, business, and
commercial and industrial areas within the city, and prohibit uses, buildings, or
structures which are incompatible with the character of development in such areas;
(10) Provide adequate privacy;
(11) Provide protection against fire, explosions, obnoxious fumes, and other hazards in
the interest of public health, safety and comfort;
(12) Prevent environmental pollution;
(13) Prevent the destruction or improvident exploitation of community resources;
(14) Preserve the value of land and buildings throughout the city;
(15) Provide for the gradual elimination of those uses of land, buildings, structures, and
improvements, and of those buildings, structures and improvements, which do not
conform to the standards for the areas in which they are located and which may
adversely affect the development and the value of property in such areas;
(16) Provide for the regulation and control of such nonconforming buildings, structures,
or improvements and uses of land as is necessary or appropriate for the rehabilitation of
the areas blighted thereby;
(17) Provide for the enforcement of this chapter, to define and limit the powers and duties
of the administrative officers and agencies responsible therefor, and to provide penalties
for the violation of the provisions herein contained;
(18) Provide for the wise use and conservation of energy resources; and
(19) Assist in the implementation of the comprehensive city plan.
(Code 1993, § 9-1.01)
State Law reference – General purposes of zoning, Minn. Stats. § 462.357, subd. 1.
Sec. 113-2 - Chapter cumulative
(a) No consent or permit implied. Nothing contained in this chapter shall be deemed to be a
consent, license or permit to use any property or to locate, construct or maintain any
building, structure, facility, improvement or to carry on any trade, industry, occupation or
activity.
(b) Provisions cumulative. Except as herein provided, the provisions of this chapter are
cumulative, both with respect to the provisions herein contained and with respect to other
laws and ordinances, not in effect or hereafter ordained or enacted, governing the same
subject matters as this chapter. It is noted, however, that the land use districts are mutually
exclusive in that uses permitted include only those listed and are not cumulative from
district to district. Land uses not listed as permitted are prohibited.
(Code 1993, § 9-1.02(1))
Sec. 113-3 - Definitions
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Accessory building means a subordinate building, or a portion of the main building, which is
located on the same lot as the main building and the purpose of which is clearly incidental to that
of the principal building.
Accessory dwelling unit means a second dwelling unit contained within a single-family
dwelling or within a detached building located on the same lot as a single-family dwelling. This
definition includes accessory dwelling units constructed in connection with a private garage, a
private garage converted into an accessory dwelling unit, or a newly constructed detached
building located on the same lot as a single-family dwelling.
Accessory use means a use incidental or subordinate to the principal use of the same land.
Administrator means the zoning administrator of the city.
Adult uses, defined but not allowed in any district, and includes the following:
(1)Adult entertainment center means an enclosed building or a part of an enclosed
building, no portion of which enclosed building is licensed to sell liquor, which contains
one or more coin-operated mechanisms which when activated permit a customer to
view a live person unclothed or in such attire, costume or clothing as to expose to view
any portion of the female breast below the top of the areola, or any portion of the pubic
hair, anus, cleft of the buttocks, vulva or genitals, or the charging of any admission or
fee for the viewing of any such activity.
(2)Adults-only bookstore means an establishment having as a substantial or significant
portion of its stock in trade, books, magazines, films for sale or viewing on premises by
use of motion picture devices or other coin-operated means, and other periodicals which
are distinguished or characterized by their principal emphasis on matters depicting,
describing or relating to nudity, sexual conduct, sexual excitement or sadomasochistic
abuse, as defined in this section, or an establishment with a segment or section devoted
to the sale or display of such material, for sale to patrons therein.
(3)Adults-only motion picture theater means an enclosed building used regularly and
routinely for presenting programs, material distinguished or characterized by an
emphasis on matter depicting, describing or relating to nudity, sexual conduct, sexual
excitement or sadomasochistic abuse, as defined in this section, for observation by
patrons therein.
(4)Massage parlor means an establishment or place primarily in the business of
providing massage services but not a therapeutic massage enterprise as defined in this
section.
(5)Rap parlor means an establishment or place primarily in the business of providing
nonprofessional conversation or similar services for adults.
(6)Sauna means an establishment or place primarily in the business of providing a steam
bath and massage services.
Affordable apartment building means that at least 50 percent of the units are reserved for
persons whose income is no more that 60 percent of the median, an additional 20 percent of the
units are reserved for persons whose income is no more that 110 percent of the median and at
Formatted: Normal
least ten percent of the units are reserved for persons whose income is no more that 150 percent
of the median for the Twin Cities metropolitan area.
Agricultural building means a structure on agricultural land as defined in "farm, rural" of
this section designed, constructed, and used to house farm implements, livestock or agricultural
produce or products used by the owner, lessee or sublessee of the building and members of their
immediate families, their employees and persons engaged in the pickup or delivery of
agricultural produce or products.
Agriculture. See Farm, rural (agriculture) and Farm, suburban (agriculture).
Alley means public right-of-way giving secondary access to abutting property.
Amusement devices means any game of skill or chance requiring the payment of money to
play or operate.
Amusement establishment means any building, area, or place whose principal purpose is
providing entertainment derived from the operation of amusement devices.
Animal unit means a unit of measure used to compare differences in the production of
animal wastes which has a standard as the amount of waste produced on a regular basis by a
slaughter steer or heifer.
Animals, domestic pets means dogs, cats, birds, and similar animals commonly kept in a
residence. Animals considered wild, exotic or nondomestic, such as bears, lions, wolves, ocelots,
and similar animals shall not be considered domestic pets.
Animals, farm, means cattle, hogs, horses, bees, sheep, goats, chickens and other animals
commonly kept for commercial food-producing purposes.
Antenna means equipment used for transmitting or receiving telecommunication, television,
or radio signals, or other electromagnetic waves, including but not limited to directional
antennas, such as panels, microwave dishes, and satellite dishes and omni-directional antennas,
such as whip antennas.
Antenna, commercial means any pole, spire or structure, or any combination, to which an
antenna is, or could be, attached, or which is designed for an antenna to be attached, and all
supporting lines, cables, wires and braces erected for the commercial use of information.
Antenna, satellite dish means a parabolic-shaped antenna (including all supporting
apparatus) used for receiving television signals, which is located on the ground or exterior of, or
outside of, any building or structure.
Apartment means a room or suite of rooms with cooking facilities designed to be occupied
as a residence by a single family.
Apartment building . The term "apartment building" means a multifamily dwelling that may
be owner occupied or rental, including condominiums and cooperatives.
Apparel and accessory stores means retail stores primarily engaged in selling new clothing,
shoes, hats, underwear, and related articles for personal wear and adornment. Uniform stores,
furriers, and custom tailors carrying stocks of materials are included.
Applicant means any individual, partnership, corporation, association, society or group
seeking and/or receiving a special event permit from the city.
Area, net developable means those lands within a development parcel remaining after the
deletion of floodplains, wetlands, slopes greater than 12 percent, and unbuildable easements or
rights-of-way.
Attorney means the city attorney of Falcon Heights.
Auto or motor vehicle reduction yard means a lot or yard where one or more unlicensed
motor vehicles, or the remains thereof, are kept for the purpose of dismantling, wrecking,
crushing, repairing, rebuilding of parts, sale as scrap, storage, or abandonment. (See also
Junkyard.)
Automobile repair establishments means establishments primarily engaged in general
automotive repair, including the installation, repair, or sale and installation of automotive
exhaust systems and automotive transmissions.
Automobile service station (gas station; service station) means a place where any motor
fuel, lubricating oil or grease for operating motor vehicles is offered for sale to the public and
deliveries are made directly into motor vehicles. This definition includes greasing, oiling or sale
of automobile accessories on the premises. This definition also includes minor repairs and
replacement of 1½ tons capacity. This definition includes a private site where sales and service
are not offered to the general public but motor fuel is stored and deliveries are made directly to
employee, company owned, or leased motor vehicles. Such private service stations shall comply
with all standards as outlined in section 113-383.
Barbershops means establishments primarily engaged in furnishing barber and men's hair
styling services, including barber colleges.
Basement means a portion of a building between the floor and ceiling, located partly above
and partly below grade and having one-half or less of its floor-to-ceiling height below the
average grade of the adjoining ground. Underground houses that meet all other requirements of
the building code shall not be considered basements.
Beauty shops means establishments primarily engaged in furnishing beauty or hairdressing
services. Beauty and cosmetology schools are included in this industry. Beauty shops include
beauty and barber shops (combined), beauty culture schools, beauty shops or salons,
cosmetology shops or salons, facial salons, hairdressers, manicure and pedicure salons,
microblading salons, and unisex hairdressers.
Boardinghouse means a building other than a motel or hotel where, for compensation and by
pre-arrangement for definite periods, meals or lodging are provided for three or more unrelated
persons.
Building means any structure, either temporary or permanent, having a roof and used or built
for the shelter or enclosure of any person, animal, or property of any kind. When any portion
thereof is completely separated from every other part thereof by area separation, each portion of
such building shall be deemed as a separate building.
Building code means the Minnesota State Building Code as adopted by the city.
Building height means the vertical distance between the average grade level at the building
line and the uppermost point on a flat roof, to the mean distance of the highest gable on a
pitched, hip, or gambrel roof, to the deck line of a mansard roof, and to the uppermost point on
all other roof types.
Middle line on images for pitched/hip and gambrel roofs denotes mean distance. Image for
reference only. Refer to city Code for complete definition.
Building official means the officer or other designated authority, certified by the state,
charged with the administration and enforcement of the Minnesota State Building Code, or his or
her duly authorized representative.
Building setback means the minimum horizontal distance between the building and the lot
line.
Building setback line means a line within a lot parallel to a public right-of-way line, a side or
rear lot line, a bluff line, or a high water mark or line, behind which buildings or structures must
be placed.
Business means any occupation, employment, or enterprise wherein merchandise is
exhibited or sold, or where services are offered for compensation.
Cable and other pay television services means establishments primarily engaged in the
dissemination of visual and textual television programs, on a subscription or fee basis.
Establishments which are primarily engaged in cable casting and which also produce taped
program materials are included.
Carport means an automobile shelter having one or more sides open.
Cellar means that portion of the building having more than one-half of the clear floor-to-
ceiling height below the average grade of the adjoining ground. Underground buildings that meet
all other requirements of the building code shall not be considered cellars.
Church means a building, together with its accessory buildings and uses, where persons
regularly assemble for religious worship and which building, together with its accessory
buildings and uses, is maintained and controlled by a religious body organized to sustain public
worship.
Club or lodge means a nonprofit association of persons who are bona fide members paying
annual dues, and the use of their premises being restricted to members and their guests. Serving
of alcoholic beverages to members and their guests may be allowed providing such serving is
secondary and incidental to the operation of a dining room for the purpose of serving food and
meals.
Commercial art services means establishments primarily engaged in providing commercial
art or graphic design services for advertising agencies, publishers, and other business and
industrial users.
Commercial automobile repair means the replacement of any part or repair of any part
which does not require the removal of the engine head or pan, engine, transmission, or
differential; incidental body and fender work, minor painting and upholstering service when said
service is applied to passenger automobiles and trucks not in excess of 7,000 pounds gross
vehicle weight.
Commercial food producing farm operations. See Farm, rural.
Commercial photography services means establishments primarily engaged in providing
commercial photography services for advertising agencies, publishers, and other business and
industrial users.
Commercial recreation means a bowling alley, cart track, jump center, golf, pool hall,
vehicle racing or amusement, dance hall, skating, tavern, theater, firearms range and similar uses.
Community means the City of Falcon Heights except as otherwise indicated.
Comprehensive municipal plan means the policies, statements, goals, and interrelated plans
for private and public land and water use, transportation and community facilities, including
recommendations for planned execution, documented in texts, ordinance, code and maps, which
constitute the guide for the future development of the community or any portion of community,
as on file with the city planning commission. This shall include the city comprehensive plan and
all subsequent amendments, additions, and elements developed as per requirements of the
Metropolitan Land Planning Act (Minn. Stats. §§ 473.851—473.871)
Computer programming, and data processing services means establishments primarily
engaged in providing computer programming and data preparation and processing services.
Establishments of this industry perform a variety of additional services, such as computer
software design and analysis; modifications of custom software; and training in the use of
custom software. Also included are application software programming, computer code authors,
computer programs or systems software development (custom), computer software writers
(freelance), software programming, calculating service, computer time-sharing, data entry, data
processing, data verification, keypunch, leasing of computer time, optional scanning, rental of
computer time, service bureaus (computer), and tabulating.
Conditional use means a use which is generally appropriate in a specified zoning district but
requires special planning considerations and, in certain instances, unusual and extraordinary
limitations peculiar to the use for the protection of the public health, safety and welfare or the
integrity of the Falcon Heights comprehensive plan.
Condominium. See Dwelling, multiple or apartment building.
Convenience store means a retail establishment that generally sells a limited range of food
products, nonprescription drugs, candy and other perishable goods. This includes soda and
similar beverage dispensing and food products, which can be heated and/or prepared on site.
Council means the governing body of the City of Falcon Heights, Minnesota.
Curb level means the grade elevation of the curb in front of the center of the building.
Where no curb has been established, the city engineer shall determine a curb level or its
equivalent for the purpose of this chapter.
Dance studios, schools and halls means establishments primarily engaged in operating
dance studios, schools, and public halls or ballrooms.
Day care center means a facility providing care for children or elderly and/or functionally
impaired adults in a protective setting for a portion of a 24-hour day.
Depth of lot means the horizontal distance between the frontage right-of-way line and rear
lot line. On a corner lot, the side with the largest frontage is its depth, and the side with the lesser
frontage is its width.
Depth of rear yard means the horizontal distance between the rear building line and the rear
lot line.
Development means any manmade change to real estate, including but not limited to
construction or reconstruction of buildings, installing manufactured homes or travel trailers,
installing utilities, construction of roads or bridges, erection of levees, walls, or fences, drilling,
mining, filling, dredging, and storage of materials.
Disposal area, on-site sewage treatment means that ground within the confines of the lot
that does not contain buildings and has an elevation of at least 80 inches above the highest
known or calculated water table or bedrock formation; does not slope in excess of 13 percent;
and meets the requirements of permeability as determined by the rate of water percolation in the
soil.
Dredging means the process by which soils or other surface materials, normally transported
by surface water erosion into a body of water, are removed for the purpose of deepening the
body of water.
Drinking establishments, bars and taverns means establishments primarily engaged in the
retail sale of alcoholic drinks, such as beer, ale, wine, and liquor, for consumption on the
premises.
Drive-in means any use where products and/or services are provided to the customer under
conditions where the customer does not have to leave the car or where service to the automobile's
occupants is offered regardless of whether service is also provided within a building. This shall
include, but not necessarily be limited to, the following: car and truck wash, drive-in banking,
restaurants where some or all customers may consume their food and/or beverages in an
automobile, restaurants providing carryout or delivery service, service stations, parcel pick-up,
and similar uses.
Drive-through facility means the use of land, buildings or structures, or parts thereof, to
provide or dispense products or services, either wholly or in part, through an attendant or
window or automated machine, to persons remaining in motorized vehicles that are in a
designated stacking lane. A drive-through facility may be permitted only as an accessory use in
combination with a bank of financial institution. A drive-through facility does not include a
vehicle washing facility, a vacuum cleaning station accessory to a vehicle washing facility, or an
automobile/gasoline service station.
Drugstores/pharmacies means establishments engaged in the retail sale of prescription
drugs, proprietary drugs, and nonprescription medicines, and which may also carry a number of
related lines, such as cosmetics, toiletries, tobacco, and novelty merchandise. These stores are
included on the basis of their usual trade designation rather than on the stricter interpretation of
commodities handled. This industry includes drugstores which also operate a soda fountain or
lunch counter.
Dwelling means a building or one or more portions thereof occupied or intended to be
occupied exclusively for human habitation, but not including rooms in hotels, motels, nursing
homes, boardinghouses, nor trailers, tents, cabins, or trailer coaches. (See also Dwelling unit.)
Dwelling, attached, means a dwelling that is joined to another dwelling at one or more sides
by a party wall or wall.
Dwelling, detached, means a dwelling that is entirely surrounded by open space on the same
lot.
Dwelling, duplex or two-family, means a residential building containing two complete
dwelling units.
Dwelling, multiple multifamilyor apartment building, means a residential building, or
portion of a building, containing two three or more dwelling units which may or may not be
served by a common entrance.
Dwelling, seasonal, means a residential building not capable of yearround occupancy due to
nonwinterized construction or inadequate nonconforming yearround on-site sewer treatment
systems.
Dwelling, single-family, means a residential building containing one detached dwelling unit.
Dwelling, townhouse, means a residential building containing two or more dwelling units
with at least one common wall, each unit so oriented as to have all exits directly to the out-of-
doors.
Dwelling unit means a residential accommodation including complete kitchen and bathroom
facilities, permanently installed, which is arranged, designed, used, or intended for use
exclusively as living quarters for one family.
Dwelling unit, accessory. See accessory dwelling unit.
Earth-sheltered buildings means any building constructed so that 50 percent or more of the
exterior surface is covered or in contact with earth. Exterior surface includes all walls and roof,
but excludes garages and other accessory buildings. Earth covering on walls is measured from
the floor of the structure's lowest level. Earth covering on the roof must be at least 12 inches
deep to be included in calculations of earth covering. Partially completed buildings shall not be
considered earth-sheltered buildings. Earth-sheltered buildings are permitted by conditional use
permit only.
Eating establishments means establishments primarily engaged in the retail sale of prepared
food and drinks for on-premises or immediate consumption. Caterers and industrial and
institutional food service establishments are also included in this industry.
Formatted: Normal
Commented [HBL1]: This needs to be named something
else.
Educational institution means a college or university authorized by the state to award
degrees.
Electric vehicle means any vehicle that operates either partially or exclusively on electrical
energy from an off-board source that is stored on board.
Electric vehicle charger means battery charging equipment that has as its primary purpose
the transfer of electric energy (by conductive or inductive means) to a battery or other energy
storage device in an electric vehicle.
Electric vehicle charger-private means an electric vehicle charger with restricted access to
the public.
Electric vehicle charger-public means an electric vehicle charger that is publicly available
or available to visitors of the primary use.
Electric vehicle supply equipment means any equipment or electric component used in
charging electric vehicles at a specific location.
Engineer means the City Engineer of Falcon Heights.
Essential services (governmental uses, building, and storage) means governmental services
such as office buildings, garages, temporary open space, open storage when not the principal use,
fire and police stations, recreational areas, training centers, correctional facilities, or other
essential uses proposed by federal, state, county, local, special districts, and school districts,
except that schools shall not be permitted under this provision.
Essential services (public utility uses) means underground or overhead gas, electrical, steam,
or water distribution systems, collection, communication, supply, or disposal system including
poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes,
traffic signals, hydrants, or other similar equipment and accessories; but not including buildings
or transmission services.
Essential services (public utility uses, transmission services, buildings and storage) means
transmission service such as electrical power lines of a voltage of 35 kv or greater, or bulk gas or
fuel being transferred from station to station and not intended for en route consumption or other
similar equipment and accessories.
Exterior storage (includes open storage) means the storage of goods, materials, equipment,
manufactured products, and similar items not fully enclosed by a building.
Family means an individual, or two or more persons each related by blood, marriage,
adoption, or foster care arrangement living together as a single housekeeping unit, or group of
not more than four persons not so related, maintaining a common household., exclusive of
servants.
Farm, rural (agriculture) means a rural farm is a commercial food-producing use on ten or
more contiguous acres and as defined under a portion of the Minnesota Agricultural Property
Tax Law (Minn. Stats. § 273.111).
Commented [HBL2]: Move this under schools to make it
more uniform? Or move schools here.
Farm, suburban (agriculture) means a suburban farm is a noncommercial food-producing
use primarily intended for the use of the residents, and usually on less than ten contiguous acres.
Suburban agricultural uses may include production of crops such as fruit trees, shrubs, plants,
flowers, vegetables, and domestic pets.
Farmer's market means an open-air public market at which vendors sell farm products
directly to consumers.
Feed lot means the place of housing or feeding of livestock or other animals for food, fur,
pleasure, or resale purposes in yards, lots, pens, buildings, or other areas not normally used for
pasture or crops and in which substantial amounts of manure or related other wastes may
originate by reason of such feeding of animals.
Fence means a partition, structure, wall, or gate erected as a dividing marker, visual or
physical barrier, or enclosure.
Fill means any act by which soil, earth, sand, gravel, rock, or any similar material is
deposited, placed, pushed, or transported and shall include the conditions resulting therefrom.
Final plat means a drawing or map of an approved subdivision, meeting all requirements of
the subdivision chapter, and in such form as required by the community for purposes of
recording.
Financial institution means a place of business where people store, borrow and exchange
money including banks, trust companies, savings banks, savings and loan associations, credit
unions, check cashing facilities, and loan and thrift companies.
Firearm means any weapon (including starter gun) which will, can, or is designed to, or may
readily be converted to expel any missile, projectile, bullet or other mass through a barrel by
means of explosives or gas or air or electronic mechanism, and any frame, receiver, muffler or
silencer of any such weapon, but excluding the following: children's toy guns, "BB" guns,
antique firearms, scuba guns, medical instruments, industrial tools such as stud and nail guns and
any replica of any firearm which replica cannot, is not designed to, and cannot be readily
converted to, expel any missile, projectile, bullet or other mass through a barrel by any means.
Firearm, antique means any firearms (including any firearm with a matchlock, flintlock,
percussion cap, or similar type of ignition system) manufactured in or before 1898.
Firearms dealer means a person who is federally licensed to sell firearms and operates a gun
shop in which firearms are sold from a permanent business location or any person engaged in the
business of repairing firearms or making or fitting special barrels, stocks or trigger mechanisms
to firearms.
Flood means a general and temporary condition of partial or complete inundation of
normally dry land areas from overflow of inland or tidal waves, or the unusual and rapid
accumulation or runoff of surface waters from any source.
Floodplain or flood prone area means any land area susceptible to being inundated by water
from any source (see Flood).
Flood-proofing means any combination of structural and nonstructural additions, changes or
adjustments to structures which reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures and their contents.
Floor area means a gross area of the main floor of a residential building measured in square
feet and not including an attached garage, carport, breezeway, or similar attachment.
Floor area gross means the sum of the gross area of the various floors of a building
measured in square feet. The basement floor area shall not be included unless such area
constitutes a story.
Floor area ratio means the numerical value obtained through dividing the gross floor area of
a building by the net area of the lot or parcel of land on which such building are is located.
Floor plan, general, means a graphic representation of the anticipated use of the floor area
within a building or structure.
Florists means establishments primarily engaged in the retail sale of cut flowers and
growing plants. This excludes retail nurseries and lawn and garden supply stores.
Food stores means retail stores primarily engaged in selling food for home preparation and
consumption. Included are grocery and convenience food stores, meat and fish markets, fruit and
vegetable markets, candy, nut, and confectionery stores, dairy products stores, retail bakeries,
retail coffee stores, spice and herb stores, retail water and mineral water stores, and vitamin food
stores.
Footing means the foundation below frost line as prescribed by the building code.
Frontage means that boundary of a lot that abuts a public street or private road.
Fuel dealers means establishments primarily engaged in the retail sale of fuel oil, liquefied
petroleum gas (bottle gas), and coal and wood dealers.
Garage, private, means a detached one-story accessory building or portion of the principal
building, including a carport, which is used primarily for the storing of passenger vehicles,
trailers, recreational vehicles or farm trucks. A private garage may or may not contain an
accessory dwelling unit.
Garage, public, means a building or portion of a building, where vehicles are kept for
remuneration or hire and in which any sale of gasoline, oil, and accessories is only incidental to
the principal use.
Garment pressing, and agents for laundries and dry cleaners means establishments
primarily engaged in providing laundry and dry cleaning services but which have the laundry and
dry cleaning work done by others. Establishments in this industry may do their own pressing,
finishing work, alterations and incidental repairs.
Governing body means the city council of the City of Falcon Heights, Minnesota.
Group home, large, means a state licensed residential facility serving from seven through 16
persons or a licensed day care facility serving from 13 through 16 persons.
Gun shop means a building or a portion of a building occupied by a firearms dealer that has
devoted some portion of its floor area to the sale of firearms or ammunition.
Hardware stores means establishments primarily engaged in the retail sale of a number of
basic hardware lines, such as tools, builders' hardware, paint and glass, housewares and
household appliances, and cutlery.
Commented [HBL3]: We should just make this dry
cleaning facility
Commented [HBL4]: Possibly need to remove this for
under day care center. May need to add definition of large
vs. small day care center.
Health care, offices and clinics means establishments of health practitioners engaged in
furnishing medical, surgical and other health services to persons, but does not include inpatient
health care services. Included are individual practitioners, group clinics in which a group of
practitioners are associated for the purpose of carrying on their profession, and clinic which
provide the same services through practitioners that are employees. Practitioners may or may not
be licensed or certified, depending on state law.
Home furnishing; appliance and equipment stores means retail stores selling goods used for
furnishing the home such as furniture, floor coverings, draperies, glass and chinaware, domestic
stoves, refrigerators, other household electrical and gas appliances, radios, televisions, computers
and software, consumer electronics, prerecorded audio and video tapes and discs, music, and
musical instruments. Establishments selling electrical and gas appliances are included in this
group only if the major part of their sales consists of articles for home use.
Home occupation means any gainful occupation or profession, engaged in by the occupant
only, of a dwelling and carried on within a dwelling unit and not in any accessory building.
means an occupation carried on in a dwelling unit by the resident thereof; provided that the use is
limited in extent and incidental and secondary to the use of the dwelling unit for residential
purposes and does not change the character thereof.
Hotels and motels means commercial establishments, known to the public as hotels, motor
hotels, motels, or tourist courts, primarily engaged in providing lodging, or loading and meals,
for the general public. Hotels which are operated by membership organizations and open to the
general public are included in this industry. Also included are auto courts, bed and breakfast
inns, cabins and cottages, casino hotels, hostels, hotels (except residential), inns (furnishing food
and lodging), motels, recreational hotels, resort hotels, seasonal hotels, ski lodges and resorts,
tourist cabins, and tourist courts.
Impervious surface means a surface consisting of asphalt, concrete, roofing material, brick,
paving block, plastic, or other similar material which does not readily absorb water.
Institutional housing means housing for students, nurses, the mentally ill, infirm, elderly,
physically retarded, and similar housing of a specialized nature.
Junkyard means an area where discarded or salvaged materials are bought, sold, exchanged,
stored, baled, cleaned, packed, dissembled, or handled, including but not limited to scrap iron
and other metals, papers, rags, rubber products, bottles, and used building materials. Storage of
such material in conjunction with a permitted manufacturing process when within an enclosed
area or building shall not be included.
Kennel, commercial, means any place where four or more of any type of domestic pets, over
four months of age, are boarded, bred, trained, or offered for sale.
Kennel, private, means any place where four or more of any type of domestic pets, over four
months of age, are owned by any member or members of the household.
Land alteration means the excavation or grading of land involving movement of earth and
materials in excess of 100 cubic yards.
Land reclamation means the reclaiming of land by depositing material so as to elevate the
grade or depositing of a total of more than 50 cubic yards of material per lot or parcel, either by
hauling in or regrading the area.
Formatted: Normal
Commented [HBL5]: Need updated definition for this.
Landscaping means planting trees, shrubs, and turf such as grasses and shrubs.
Laundries, power, means establishments primarily engaged in opening mechanical laundries
with steam or other power. Included are family and commercial power laundries, and laundry
collecting and distributing outlets operated by power laundries.
Laundromats, self-serve, means establishments primarily engaged in the operation of coin-
operated or similar self-service laundry and dry cleaning equipment for use on the premises, or in
apartments, dormitories, and similar locations.
Laundry and garment services means establishments primarily engaged in furnishing
laundry and garment services such as the repair, alteration, and storage of clothes for individuals
and for the operation of hand laundries. Included are diaper services and dressmaking services.
Loading space means a space, accessible from a street, alley, or way, in or outside of a
building, for the use of trucks while loading and unloading merchandise or materials.
Lodging room means a room rented as sleeping and living quarters, but without cooking
facilities. In a suite of rooms without cooking facilities, each room which provides sleeping
accommodations shall be counted as one lodging room.
Lot means a parcel of land designated by metes and bounds, registered land survey, plat, or
other means, and which description is either recorded in the office of the county recorder or
registrar of titles or used by the county treasurer or county assessor to separate such parcel from
other lands for tax purposes. The word "lot" shall include the words "piece," "parcel," and
"plots;" the word "building" includes all other structures of every kind regardless of similarity to
buildings; and the phrase "used for" shall include the phrases "arranged for," "designed for,"
"intended for," "maintained for," and "occupied for."
Lot area means the area of the horizontal plane within the lot lines.
Lot area, minimum per dwelling unit means the minimum number of square feet or acres of
lot area required per dwelling unit.
Lot, buildable, means a lot which meets or exceeds all requirements of the city land use and
development ordinances without the necessity variances.
Lot, corner, means a lot situated at the junction of, and abutting on two or more intersecting
streets; or a lot at the point of a deflection in alignment of a single street, the interior angle of
which does not exceed 135 degrees.
Lot depth means the mean horizontal distance between the front and rear lines of a lot.
Lot, interior, means a lot other than a corner lot, including through lots.
Lot line means the property line bounding a lot except that where any portion of a lot
extends into a public right-of-way or a proposed public right-of-way, the line of such public
right-of-way shall be the lot line.
Lot line, front, means that boundary of a lot which abuts a public street or a private road. In
the case of a corner lot, it shall be the shortest dimension of a public street. If the dimensions of a
corner lot are equal, the front lot line shall be designated by the owner. In the case of a corner lot
in a nonresidential area, the lot shall be deemed to have frontage on both streets.
Commented [HBL6]: Why are there three definitions for
this and then we also have a definition for garment
pressing? Can we just do one definition for laundromat?
Maybe two to do self-service vs. full-service?
Lot line, rear, means that boundary of a lot which is opposite to the front lot line. If the rear
lot line is less than ten feet in length, or if the lot forms a point at the rear, the rear lot line shall
be a line ten feet in length within the lot, parallel to, and at the maximum distance from the front
lot line.
Lot line, side, means any boundary of a lot which is not a front lot line or a rear lot line.
Lot, through and double frontage mean:
(1) Any lot other than a corner lot which abuts more than one street. On a through lot, all
the street lines shall be considered the front lines for applying this chapter; or
(2) A lake or stream frontage lot having a public road as one lot line and a water body at
the opposite lot line.
Lot width means the horizontal distance between the side lot lines of a lot measured at the
setback line.
Mailing services means establishments primarily engaged in furnishing services for direct
mail advertising, such as creating, producing, and mailing of direct mail advertising. This
industry also includes establishments primarily engaged in compiling and selling mailing lists.
Manufacturing, general, means all manufacturing, pounding, processing, packaging,
treatment, or assembly of goods or materials which involve a risk of offensive or dangerous
noise, odor, or pollution beyond the lot on which the use is located. Such uses include, but are
not limited to, the following: sawmill; refineries; commercial feedlots; acid; cement; explosives;
flour, feed, and grain milling or storage; meat packing, slaughterhouses; coal or tar asphalt
distillation; rendering of fat, grease, lard, or tallow; alcoholic beverages; poisons; exterminating
agents; glue; lime; gypsum; plaster of Paris; tanneries; automobile parts; paper and paper
products including storage; electric power generation facilities; vinegar works; junkyards; auto
reduction yards; foundry; forge; casting of metal products; rock, stone, cement products, poultry
keeping, processing and slaughter.
Manufactured home means a structure, transportable in one or more sections, which is built
on a permanent chassis and is designated for use with or without a permanent foundation when
attached to the required utilities.
Manufacturing, limited, means all compounding, processing, packaging treatment, or
assembly of goods and materials, provided such use will not involve the risk of offensive odors,
glare, smoke, dust, noise, vibrations, or other pollution extending beyond the lot on which the
use is located. Such uses include, but are not limited to, the following: lumberyards, machine
shops, products assembly, sheet metal shops, plastics, electronics, general vehicle repair (repair
garage), body work and painting, contractor shops and storage yard, food and nonalcoholic
beverages, signs and displays, printing, publishing, fabricated metal parts, appliances, clothing,
textiles, and used auto parts.
Manure means any solid or liquid containing animal excreta.
Massage means any method of pressure on, or friction against, or the rubbing, stroking,
kneading, tapping, pounding, vibrating, stimulating, or rolling of the external parts of the human
body with the hands or with the aid of any mechanical or electrical apparatus, or other appliances
or devices, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil,
powder, cream, lotion, ointment, or other similar preparations.
Commented [HBL7]: Can it actually not have a
permanent foundation? Look into.
Measured distances means the nearest foot. If a fraction is one-half foot or less, the "integral
foot" next below shall be taken.
Medical uses means those uses concerned with the diagnosis, treatment, and care of human
beings. These include: hospitals, dental services, medical services or clinic, nursing or
convalescent homes, orphan's homes, rest homes, and sanitariums.
Miscellaneous retail establishments means retail establishments which fall into the
following categories: drugstores, liquor stores, used merchandise stores (including antiques),
miscellaneous shopping goods stores (sporting goods and bicycles, books, stationary, jewelry,
hobby and toys, camera and photographic supplies, gift and novelty, luggage and leather, and
sewing), nonstore retailers (catalog and mail order houses, automatic merchandising machine
operators, and direct selling establishments), florists, tobacco stores and stands, news dealers and
newsstands, optical goods stores and other miscellaneous retail establishments.
Mixed-use development means a tract of land, building, or structure developed for two or
more different uses such as, but not limited to, residential, office, manufacturing, retail, or
entertainment.
Mobile home means a single-family detached dwelling unit designed for year-round
occupancy, constructed at a factory or assembly plant and drawn to the site on a permanently
attached undercarriage and wheels. "Mobile home" shall not include "trailer (recreational
vehicle)" nor shall it include modular or prefabricated dwelling units which meet or exceed the
requirements of the Minnesota Building Code.
Mobile home park means any site or tract of land designed, maintained or intended for the
placement of two or more occupied mobile homes. "Mobile home park" shall include any
building, structure, vehicle, or enclosure intended for use as part of the equipment of such mobile
home park.
Mobile storage structures means any assembly of materials which is so designed,
constructed or reconstructed to make it portable and capable of movement from one site to
another, designed to be used without a permanent foundation, designed with the purpose of
storing tangible property and not for occupancy by persons.
Modular or prefabricated home means a nonmobile dwelling unit for yearround building
site where final installations are made permanently affixing the dwelling unit to the site. Said
dwelling unit shall be equivalent to a unit constructed on the site, meeting all requirements of the
Minnesota Building Code. The term includes "manufactured" homes built in conformance to
Minn. Stats. §§ 327.31—327.33.
Motion picture theaters means commercially operated theaters primarily engaged in the
indoor exhibition of motion pictures.
Motor courts, motor hotel or motel means a building or group of buildings other than a hotel
used primarily as a temporary residence of a motorist.
Municipality means the City of Falcon Heights.
New construction means, for the purposes of determining insurance rates, structures for
which the "start of construction" commenced on or after the effective date of an initial FIRM
(flood insurance rate map) or after December 31, 1974, whichever is later, and includes any
Formatted: Normal
subsequent improvements to such structures. For floodplain management purposes, new
construction means structures for which the start of construction commenced on or after the
effective date of a floodplain management regulation adopted by a community and includes any
subsequent improvements to such structures.
Nit means a unit of measurement for luminance. The total amount of light emitted from a
sign divided by the surface area of the sign (candelas per square meter).
Noise, ambient, means the all-encompassing noise associated with a given environment,
being either a composite of sounds transmitted by any means from many sources near and far or
a single predominant source.
Nominal five-acre parcel means a five-acre parcel not reduced by more than ten percent due
to road right-of-way dedication.
Nonconforming use or lot means any legal use or lot already in existence, recorded or
authorized before the adoption of official controls or amendments thereto that would not have
been permitted to become established under the terms of the official controls as now written.
Nudity means the showing of the human male or female genitals, pubic area or buttocks with
less than a fully opaque covering, or the showing of the female breast with less than a fully
opaque covering of any portion thereof below the top of the nipple, or the depiction of covered
male genitals in a discernibly turgid state.
Nursery, day. See Day care center., means a use where care is provided for three or more
children under kindergarten age for periods of four hours or more per day for pay.
Nursery, landscape, means a business growing and selling trees, flowering and decorative
plants, and shrubs which may be conducted within a building or without (commercial
production).
Nursing home means a building with facilities for the care of children, the aged, infirm, or
place of rest for those suffering bodily disorder. Said nursing home shall be licensed by the state
as provided by law.
Office uses means those commercial activities that take place in office buildings, where
goods are not produced, sold, or repaired, including, but not limited to, banks, professional
offices, governmental offices, insurance offices, real estate offices, telephone exchanges, utility
offices, radio broadcasting, and similar uses.
Official control means legislatively defined and enacted policies, standards, precise detailed
maps, and other criteria, all of which control the physical development of a municipality or a
county, or any part thereof, or any detail thereof, and the means of translating into ordinances all
or any part of the general objectives of the comprehensive municipal plan. Such official controls
may include, but are not limited to, ordinances or the code establishing zoning, subdivision
controls, site plan regulations, sanitary codes, building codes, housing codes, and official maps.
Official map means a map adopted in accordance with the provisions of Minn. Stats. §
462.59.
Open sales lots means lands devoted to the display of goods for sale, rent, lease, or trade,
where such goods are not enclosed within a building.
Open storage means storage of any material outside of a building.
Outdoor means activity conducted outside of a permanent structure or building.
Owner means all persons with an interest in a property as fee simple owner, life estate
holder, encumbrancer, or otherwise.
Paint, glass, and wallpaper stores, retail, means establishments engaged in selling primarily
paint, glass, and wallpaper, or any combination of these lines, to the general public. While these
establishments may sell primarily to construction contractors, they are known as retail in the
trade. Establishments which do not sell to the general public or who are known in the trade as
wholesale are excluded.
Parking space means a suitably surfaced and permanently maintained area on privately
owned property either within or outside of a building of sufficient size to store one standard
automobile.
Pawn shop, defined but not allowed in any district. A business which loans money on
deposit or pledge of personal property, or other valuable thing, or which deals in the purchasing
of personal property or other valuable thing on condition of selling the same back again at a
stipulated price, or which loans money secured by chattel mortgage on personal property, taking
possession of the property or any part thereof so mortgaged.
Pedestrian way means a public or private right-of-way across or within a block or tract, to
be used by pedestrians.
Performance standards means the minimum development standards as adopted by the
governing body and on file in the office of the zoning administrator.
Person means any person, association, partnership, firm, business trust, corporation or
company.
Personal wireless services means commercial mobile services, unlicensed wireless services,
and common carrier wireless exchange services.
Photocopying and duplicating services means establishments primarily engaged in
reproducing text, drawings, plans, maps, or other copy, by blueprinting, photocopying,
mimeographing, or other methods of duplication other than printing or microfilming.
Photographic studios, portrait, means establishments primarily engaged in still or video
portrait photography for the general public.
Photovoltaic system means an active solar energy system that converts solar energy directly
into electricity.
Planning commission means the duly appointed planning commission of the city.
Porch means a roofed, open area attached to a building with direct access to and from the
building to which it is attached.
Precious metal dealer means any person, who, either as principal or agent, engages in the
business of buying coins or secondhand items containing precious metal, including, but not
limited to, jewelry, watches, eating utensils, candlesticks, and religious and decorative objects;
excluding businesses which deal only in coins and not other precious metals.
Precious metal item means an item made in whole or in part of metal and containing more
than one percent by weight of silver, gold or platinum.
Precious metals means silver, gold, and platinum.
Principal structure or use means one which determines the predominant use as contrasted to
accessory use or structure.
Proprietary school means any private business, trade, or correspondence school operated for
a profit or charging tuition that is licensed by the state under Minn. Stats. ch. 141.
Protective or restrictive covenant means a contract entered into between private parties
which constitutes a restriction of the use of a particular parcel of property.
Public land means land owned and/or operated by a governmental unit, including school and
other special districts.
Public utility means persons, corporations, or governments supplying gas, electric,
transportation, water, sewer, or landline telephone service to the general public. For the purpose
of this chapter, personal wireless services shall not be considered public utility uses, and are
defined separately.
Radio broadcasting stations means establishments primarily engaged in broadcasting aural
programs by radio to the public. Included in this industry are commercial religious, educational,
and other radio stations. Also included are establishments primarily engaged in radio
broadcasting and which produce radio program materials.
Recreation equipment means play apparatus such as swing sets and slides, sandboxes, poles
for nets, unoccupied boats and trailers not exceeding 25 feet in length, picnic tables, lawn chairs,
barbecue stands and similar equipment or structures, but not including tree houses, swimming
pools, playhouses exceeding 25 square feet in floor area, or sheds utilized for storage of
equipment.
Recreational vehicle means any vehicle or structure designed and used for temporary,
seasonal human living quarters which meets all of the following qualifications:
(1) It is not used as the permanent residence of the owner or occupant;
(2) It is used for temporary living quarters by the owner or occupant while engaged in
recreation or vacation activities;
(3) It is towed or self-propelled on public streets or highways incidental to such recreation
or vacation activities;
(4) Examples of such vehicles include van campers, tent camping trailers, self-contained
travel trailers, pick-up campers, camping buses, and self-contained self-propelled truck
chassis mounted vehicles providing living accommodations.
Renewable energy easement means an easement that limits the height or location, or both, of
permissible development on the burdened land in terms of a structure or vegetation, or both, for
the purpose of providing access for the benefited land to wind or sunlight passing over the
burdened land.
Renewable energy system means a solar energy or wind energy system. Passive systems that
serve dual functions, such as greenhouses or windows, are not considered renewable energy
systems.
Research laboratory means an establishment or other facility for carrying on an
investigation in the natural, physical, or social sciences, which may include engineering and
product development. This definition does not include research laboratories operated by a school
or educational institution. Research laboratories owned or operated by schools or educational
institutions shall be defined as schools.
Retail business uses means stores and shops selling personal carriers or goods over a
counter.
Roadside sales stand means a structure used only for the display and sale of products with
no space for customers within the structure, on a seasonal basis.
Roof pitch means the final exterior slope of a building roof typically, but not exclusively,
expressed as a ratio of the distance, in inches, of vertical "rise" to the distance, in inches, of
horizontal "run," such as 3:12, 9:12, 12:12.
Sadomasochistic abuse means flagellation or torture by or upon a person clad in
undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise
physically restrained on the part of one so clothed.
Sale, garage, means a sale of used household and personal items conducted on residential
premises, where the property sold consists of items owned by the occupant of the premises at
which the sale takes place, or by friends of such occupant, and where the sale is conducted by
such occupant or friends. Items for sale shall not have been purchased for resale or received on
consignment for the purpose of resale.
Sale, residential boutique means the sale of handcrafted items conducted on residential
premises, where the items sold are made by the occupant of the premises at which the sale takes
place, or by friends of such occupant, and where the sale is conducted by said occupant or
friends of such occupant. Items for sale shall be made in the home and not purchased for resale
from any retail or wholesale business source nor received on consignment for the purpose of
resale.
Sale, sidewalk, means the selling of goods by a business proprietor just outside of the public
customer entrance of the proprietor's business where the merchandise sold outside is similar to
what is ordinarily sold inside the abutting business and the sales are managed and operated by
the abutting business proprietor.
School means a building used for the purpose of elementary, middle (junior high) or
secondary (high school) education, public or private, which meets all the requirements of
compulsory education laws of the state.
School (proprietary) means any private business, trade or correspondence operated for a
profit or charging tuition that is licensed by the state under Minn. Stats. ch. 141.
Screening means earth mounds, berms or ground forms; fences and walls; landscaping (plant
materials) or landscaped fixtures (such as timbers); used in combination or singularly, as to block
direct visual access to an object throughout the year. Approval by the city council of all site and
construction plans prior to development of construction or installation of any screening is
required.
Secondhand goods store means any store engaged in the business of selling or receiving
tangible personal property which has been previously used, rented, owned or leased, but
excluding stores which engage in the sale of any used: automobiles; electronic equipment such as
stereos, cameras, computers, televisions, audio and video equipment, and similar equipment or
appliances; jewelry and precious gems; or guns. Stores which engage in any pawning activity
whatsoever fall within the definition of "pawn shop" and shall not be included within the
definition of "secondhand goods store."
Secretarial and stenographic services means establishments primarily engaged furnishing
secretarial, typing, word processing, resume writing, and court reporting services. This category
also includes the services of editing, letter writing, and proofreading.
Setback yard means the minimum horizontal distance between a structure and street right-
of-way, lot line, or other reference point as provided by ordinance. Distances are to be measured
perpendicularly from the property line to the most outwardly extended portion of the structure.
Sexual conduct means acts of masturbation, homosexuality, sexual intercourse, or physical
contact with a person's unclothed genitals, pubic area, buttocks or, if such person is a female, her
breast.
Sexual excitement means the condition of human male or female genitals when in a state of
sexual stimulation or arousal.
Shooting gallery means a covered shooting range equipped with targets for practice with
firearms.
Shopping center means any grouping of two or more principal retail uses whether on a
single lot or on abutting lots under multiple or single ownership.
Sign means a display, illustration, structure, or device which directs attention to an object,
product, place, activity, person, institution, organization, or business.
(1) Sign, advertising. A sign that directs attention to a business or profession or
commodity, service, or entertainment not sold or offered upon the premises, where such
sign is located or to which it is attached.
(2) Sign area. The entire area within the continuous perimeter enclosing the extreme
limits of such sign. However, such perimeter shall not include any structural elements
lying outside of such sign and not forming an integral part of border of the sign. The
maximum square footage of multifaced signs shall not exceed two times the allowed
square footage of a single-faced sign.
(3) Sign, business. A sign that directs attention to a business or profession or to the
commodity, service, or entertainment sold or offered upon the premises where such sign
is located or to which it is attached.
(4) Sign, courtesy bench. A sign which is affixed to a courtesy bench or shelter.
(5) Sign, dynamic display. Any characteristics of a sign that appear to have movement or
that appear to change, caused by any method other than physically removing and
replacing the sign or its components, whether the apparent movement or change is in
the display, the sign structure or any other component of the sign. This includes displays
that incorporate technology or methods allowing the sign face to change the image
without having to physically or mechanically replace the sign face or its components as
well as any rotating, revolving, moving, flashing, blinking or animated display and any
display that incorporates rotating panels, LED lights manipulated through digital input,
digital ink or any other method or technology that allows the sign face to present a
series of images or displays.
(6) Sign, flashing. An illuminated sign which has a light source not constant in intensity or
color at all times while such sign is in use.
(7) Sign, ground. A sign which is supported by one or more uprights, poles, or braces in
or upon the ground.
(8) Sign, identification. A sign which identifies the inhabitant of the dwelling or occupant
of a building.
(9) Sign, illuminated. A sign which is lighted with an artificial light source.
(10) Sign, motion. A sign that has moving parts or signs which produce moving effects
through the use of illumination.
(11) Sign, nameplate. A sign which states the name and/or address of the business,
industry, or occupant of the site and is attached to said building or site.
(12) Sign, pedestal. A ground sign usually erected on one central shaft or post which is
solidly affixed to the ground.
(13) Sign, permanent. Any sign on a lot or parcel of land more than 365 consecutive days.
(14) Sign, real estate. A sign offering property (land and/or buildings) for sale, lease, or
rent.
(15) Sign, roof. A sign erected upon or above a roof or parapet of a building.
(16) Sign, shopping center or industrial park. A business sign designating a group of
shops or offices (more than three).
(17) Sign, structure. The supports, uprights, braces, and framework of the sign.
(18) Sign, temporary or seasonal. A sign placed on a lot or parcel of land for a period not
to exceed 90 days out of any 12-month period.
(19) Sign, wall. A sign attached to or erected against the wall of a building with the
exposed face of the sign a plane parallel to the plane of said wall.
(20) Sign, warning. A sign which warns the public of a danger, or hazard in the immediate
vicinity and is obviously not intended for advertising purposes.
Solar means rays from the sun.
Solar access means a view of the sun, from any point on the collector surface, that is not
obscured by any vegetation, building, or object located on parcels of land other than the parcel
upon which the solar collector is located, between the hours of 9:00 a.m. and 3:00 p.m. Standard
time on any day of the year.
Solar collector means a device, structure or a part of a device or structure for which the
primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or
electrical energy.
Solar collector surface means any part of a solar collector that absorbs solar energy for use
in the collector's energy transformation process. Collector surface does not include frames,
supports and mounting hardware.
Solar daylighting means a device specifically designed to capture and redirect the visible
portion of the solar spectrum, while controlling the infrared portion, for use in illuminating
interior building spaces in lieu of artificial lighting.
Solar energy means radiant energy received from the sun that can be collected in the form of
heat or light by a solar collector.
Solar energy device means a system or series of mechanisms designed primarily to provide
heating, to provide cooling, to produce electrical power, to produce mechanical power, to
provide solar daylighting or to provide any combination of the foregoing by means of collecting
and transferring solar generated energy into such uses either by active or passive means. Such
systems may also have the capability of storing such energy for future utilization. Passive solar
systems shall clearly be designed as a solar energy device such as a trombe wall and not merely a
part of a normal structure such as a window.
Solar energy easement See "renewable energy easement."
Solar energy system means a device or structural design feature, a substantial purpose of
which is to provide daylight for interior lighting or provide for the collection, storage and
distribution of solar energy for space heating or cooling, electricity generating, or water heating.
Solar heat exchanger means a component of a solar energy device that is used to transfer
heat from one substance to another, either liquid or gas.
Solar hot water system means a system that includes a solar collector and a heat exchanger
that heats or preheats water for building heating systems or other hot water needs, including
residential domestic hot water and hot water for commercial processes.
Solar mounting devices means devices that allow the mounting of a solar collector onto a
roof surface or the ground.
Solar storage unit means a component of a solar energy device that is used to store solar
generated electricity or heat for later use.
Solar system, active means a solar energy system that transforms solar energy into another
form of energy or transfers heat from a collector to another medium using mechanical, electrical,
or chemical means.
Solar system, building-integrated means an active solar system that is an integral part of a
principal or accessory building, rather than a separate mechanical device, replacing or
substituting for an architectural or structural component of the building. Building-integrated
systems include, but are not limited to, photovoltaic or hot water solar systems that are contained
within roofing materials, windows, skylights, and awnings.
Solar system, grid-intertie means a photovoltaic solar system that is connected to an electric
circuit served by an electric utility company.
Solar system, off-grid means a photovoltaic solar system in which the circuits energized by
the solar system are not electrically connected in any way to electric circuits that are served by
an electric utility company.
Solar system, passive means a solar energy system that captures solar light or heat without
transforming it to another form of energy or transferring the energy via a heat exchanger.
Special event means any temporary, outdoor privately-sponsored event open to the general
public and held on privately owned property except:
(1) Any permanent place of worship, stadium, athletic field, arena, theatre, auditorium;
(2) Any event conducted on the campus of the University of Minnesota or the grounds of
the Minnesota State Fair;
(3) Special events or activities sponsored by the city;
(4) Family gatherings, including family reunions, graduation parties, baptisms,
confirmations, weddings, wedding receptions, funerals and funeral processions;
(5) Garage sales and residential boutique sales as regulated in section 113-174;
(6) Block parties and neighborhood meetings;
(7) Any event attended by fewer than 150 persons at one time which does not require any
special services and does not involve the sale of alcohol;
(8) Any event that is otherwise regulated by the city through the use of another regulatory
manner, such as an interim use permit or conditional use permit; and
(9) The use of traditional public forums as alternative channels of communication by the
public, provided that such use is for the free exercise of constitutionally protected
activities and does not disrupt or interfere with traffic on public streets or the use of
public places by other members of the public.
Special flood hazard area means the land in the floodplain within a community subject to a
one percent or greater chance of flooding in any given year. The area may be designated as zone
A on the FHBM (Flood Hazard Boundary Map). After detailed ratemaking has been completed
in preparation for publication of the flood insurance rate map, zone A usually is refined into
zones A, AO, AH, A1—30, AE, A99, AR, AR/A1—30, AR/AE, AR/AO, AR/AH, AR/A, VO,
or V1—30, VE, or V. For purposes of these regulations, the term "special flood hazard area" is
synonymous in meaning with the phrase "area of special flood hazard."
Special services means the exclusive allocation of city resources, including, but not limited
to, city personnel, equipment, rights-of-way, property or facilities for use in conjunction with a
specific event or activity, as requested by the host or sponsor of the event, or as requested by or
on behalf of any person attending the event, or deemed necessary by city staff in order to
maintain public safety. Special services shall include, but not be limited to, any of the following:
street closures; requiring police officers to stop or reroute traffic; special police protection;
stationing emergency vehicles at or in the immediate vicinity of the event; exclusive use of city
streets as a staging area or for event parking; additional street cleaning and garbage removal
services; special signage, such as temporary no parking signs; the use of any city building,
equipment or other property for any purpose other than the normal daily operations of the city; or
the city otherwise providing exclusive services.
Story (floor) means that portion of a building included between the surface of any floor and
the surface of the floor next above. A basement shall be counted as a story and a cellar shall not
be counted as a story. For purposes of this chapter, a story shall also include each multiple of 12
feet between the ground and eave.
Street means a public right-of-way that affords a primary means of access to abutting
property.
Street, collector, means a street that serves or is designed to serve as a trafficway for a
neighborhood or as a feeder to a major road or as designated on the comprehensive municipal
plan.
Street, major or thoroughfare, means a street which serves or is designed to serve heavy
flows of traffic and which is used primarily as a route for traffic between neighborhoods and/or
other heavy traffic-generating areas or as designated on the comprehensive municipal plan.
Street, minor, means a street intended to serve primarily as an access to abutting properties.
Street pavement means the wearing or exposed surface of the roadway used by vehicular
traffic.
Street width means the width of the right-of-way measured at right angles to the centerline
of the street.
Structural alteration means any change, other than incidental repairs, which would affect
the supporting members of a building, such as bearing walls, columns, beams, girders, or
foundations.
Structure for floodplain management purposes, means a walled and roofed building,
including gas or liquid storage tanks, that is principally above ground. The term includes
recreational vehicles and travel trailers on site for more than 180 days.
Studio means a facility where students study or practice fine arts, pottery, or martial arts.
Substantial improvement means any repair, reconstruction or improvement of a structure, the
cost of which equals or exceeds 50 percent of the market value of the structure either, (a) before
the improvement or repair is started, or (b) if the structure has been damaged, and is being
restored, before the damage occurred. For the purposes of this definition "substantial
improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other
structural part of the building commences, whether or not that alteration affects the external
dimensions of the structure regardless of the actual work performed. The term does not,
however, include either (1) any project for improvement of a structure to comply with existing
state or local health, sanitary, or safety code specifications which are solely necessary to assure
safe living conditions or (2) any alteration of a "historic structure," provided that the alteration
will not preclude the structure's continued designation as a historic structure.
Subdivision means a described tract of land, which is to be, or has been divided into two or
more lots or parcels for the purpose of transfer of ownership, building development, or for tax
assessment purposes. The term includes resubdivision and where it is appropriate to the context,
relates to either the process of subdividing, or to the land subdivided, or to the development for
which it is being subdivided.
Substandard structure means any building or structure lawfully existing on the effective
date of the ordinance from which this chapter is derived or any amendment thereto which
building or structure does not conform with the regulations, including dimensional standards, for
the district in which it is located after the effective date of the ordinance from which this chapter
is derived or such amendment.
Supper club means a building with facilities for the preparation and serving of meals and
where meals are regularly served at tables to the general public. The building must be of
sufficient size and design to permit the serving of meals to not less than 50 guests at one time.
Intoxicating liquors may be sold on-sale and live entertainment and/or dancing shall be
permitted.
Swimming pool means any enclosure in ground or above ground on private property having
a water surface area exceeding 100 square feet and a water depth of not less than 1½ feet.
Tanning salons means establishments primarily engaged in providing tanning services to the
public through the use of tanning beds, and other tanning equipment.
Tavern or bar means a building with facilities for the serving of beer, wine, set-ups and
other alcoholic beverages and may include short order foods.
Television broadcasting stations means establishments primarily engaged in broadcasting
visual programs by television to the public, except cable and other pay televisions services.
Included in this industry are commercial, religious, educational, and other television stations.
Also included are establishments primarily engaged in television broadcasting and which
produce taped television program materials.
Therapeutic massage enterprise means a person who operates a business which hires only
certified therapeutic massage therapists to provide therapeutic massage to the public. The
owner/operator of a therapeutic massage enterprise need not be certified as a therapeutic massage
therapist if he or she does not at anytime practice or administer massage to the public.
Tower means any ground- or roof-mounted pole, spire, structure, or combination thereof
including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of
mounting an antenna, meteorological device, or similar apparatus abovegrade.
Tower, multi-user means a tower that is designed to accommodate the antennas of more than
one telecommunications provider, personal wireless service provider or governmental entity.
Tower site means a location on which is or may be located one or more telecommunication
radio or television antennas available for connection and use by any person, firm or corporation.
Transportation terminal means truck, taxi, air, bus, train, and mass transit terminal and
storage area, including motor freight (solid and liquid) terminal.
Truck stop means a motor fuel station devoted principally to the needs of tractor-trailer units
and trucks, and which may include eating and/or sleeping facilities.
Urban farm means the production, distribution and sale of food, excluding the production of
poultry, livestock and bees.
Variance means a modification or variation of the strict provisions of this chapter, as applied
to a specific piece of property in order to provide relief for a property owner because of undue
hardship or particular difficulty imposed upon the property by this chapter. A variance shall
normally be limited to height, bulk, density, and yard requirements. A modification in the
allowable uses within a district shall not be considered a variance.
Vehicle repair means general repair, rebuilding, or reconditioning of engines, motor
vehicles, or trailers, including bodywork, framework, welding and major painting services.
Veterinary means those uses concerned with the diagnosis, treatment and medical care of
animals, including animal or pet hospitals.
Video rental stores means establishments primarily engaged in renting recorded videotapes
and discs to the general public for personal or household use.
Warehousing means the storage, packing, and crating of materials or equipment, within an
enclosed building or structure.
Wholesaling means the selling of goods, equipment, and materials by bulk to another person
who in turn sells the same to customers.
Yard setback means the open space of an occupied lot that is not covered by any principal
structure.
(1) Yard, front setback, means a yard extending across the front of the lot between the inner
side yard lines and lying between the front line of the lot and the nearest building line.
(2) Yard, rear setback, means a yard extending across the rear of the lot between the inner side
yard lines and lying between the rear line of the lot and the nearest building line.
(3) Yard, required setback, means a yard area which may not be built on or covered by
structures because of the setbacks for said structures within the zoning district.
(4) Yard, side setback, means a yard between the side line of the lot and the nearest building
line.
Zoning district means an area or areas within the city in which the regulations and
requirements of this chapter are uniform.
(Code 1993, § 9-1.02(2), subd. 2; Ord. No. 0-91-2, 1-23-1991; Ord. No. 0-91-8, § 1, 5-22-1991;
Ord. No. 0-93-06, § 2, 6-23-1993; Ord. No. 0-94-05, § 1, 3-23-1994; Ord. No. 0-95-01, § 1, 5-
10-1995; Ord. No. 95-04, § 1, 5-24-1995; Ord. No. 0-97-01, § 2, 2-12-1997; Ord. No. 97-07, § 1,
9-24-1997; Ord. No. 0-99-09, § 1, 12-15-1999; Ord. No. 00-02, § 1, 7-26-2002; Ord. No. 03-02,
§ 1, 2-12-2003; Ord. No. 05-01, § 1, 1-12-2005; Ord. No. 06-03, § 1, 9-13-2006; Ord. No. 07-03,
§ 1, 1-10-2007; Ord. No. 08-03, § 1, 8-27-2008; Ord. No. 09-02, § 1, 8-12-2009; Ord. No. 10-06,
§ 1, 9-8-2010; Ord. No. 12-03, § 1, 5-9-2012; Ord. No. 13-01, § 1, 4-10-2013; Ord. No. 13-02, §
1, 5-22-2013; Ord. No. 13-05, § 1, 11-13-2013; Ord. No. 19-04, § 1, 5-8-2019)
State Law reference – Earth-sheltered buildings defined, Minn. Stats. § 216C.06, subd. 14;
zoning provisions related to earth-sheltered buildings, Minn. Stats. § 436.357, subd. 1.
Sec. 113-4 - Application and interpretation
(a) Interpretation. In the interpretation and application of the provisions of this chapter, the
provisions thereof shall be held to be the minimum requirements for the promotion of the
public health, safety, convenience and welfare of the citizens and residents of the city.
(b) Conformance. No structure or improvement shall be erected, converted, enlarged,
reconstructed or altered, and no structure or land shall be used for any purpose nor in any
manner that is not in conformity with the provisions of this chapter.
(c) District uses. The uses as set out in the provisions for the various districts shall be the uses
allowed under this chapter.
(Code 1993, § 9-2.01)
Sec. 113-5 - Nonconforming uses, buildings and structures
(a) Nonconformities . Any nonconformity, including the lawful use or occupation of land or
premises existing at the time of the adoption of an additional control under this chapter, may
be continued, including through repair, replacement, restoration, maintenance, or
improvement, but not including expansion, except as specifically provided in this chapter,
unless:
(1) The nonconformity or occupancy is discontinued for a period of more than one year;
or
(2) Any nonconforming use is destroyed by fire or other peril to the extent of greater than
50 percent of its market value, and no building permit has been applied for within 180
days of when the property is damaged. In this case, a municipality may impose
reasonable conditions upon a building permit in order to mitigate any newly created
impact on adjacent property.
Any subsequent use or occupancy of the land or premises shall be a conforming use or
occupancy.
(b) Unlawful use, buildings, and structures. No unlawful use of property existing on the
effective date of the ordinance from which this chapter is derived nor any building or
structure which is unlawfully existing on such day shall be deemed a nonconforming use or
a nonconforming building or structure.
(c) Nonconforming structures under construction. Any nonconforming structure that is ready
for or under construction on the effective date of the ordinance from which this chapter is
derived may be completed and occupied in accordance with the requirements of any valid
building permit issued therefor prior to such effective date.
(d) Change from one nonconforming use to another. A nonconforming use may be changed
only to a use permitted in the district in which it is located; except that if no structural
alterations are made, a nonconforming use of a building may be changed to another
nonconforming use of the same or a more restrictive classification, and provided such
change is approved by the city council. Once changed to a conforming use, no building or
land shall be permitted to revert to a nonconforming use. A nonconforming use, all or
partially conducted in a building or buildings, may be changed to another nonconforming
use only upon determination by the city council, after a public hearing, that the proposed
new use will be no more detrimental to its neighborhood and surroundings than is the use it
is to replace and that there is no conforming use available for the building or buildings. In
determining relative "detriment," the planning commission shall take into consideration,
among other things, traffic-generated, nuisance characteristics, such as emission of noise,
dust, and smoke; fire hazard; and hours and manner of operation.
(e) Additions and enlargements.
(1) Conforming use. A nonconforming building or structure for a conforming use may be
expanded provided that the expansion does not increase the nonconformity of the
building or structure and is in compliance with other Code requirements.
(2) Nonconforming use. A nonconforming building or structure designed or intended for a
nonconforming use may not be added to or enlarged structurally.
(3) Land. The nonconforming use of land, not involving a building or structure, or in
connection with which any building or structure thereon is incidental or accessory to the
principal use of the land, shall not be expanded, intensified or extended beyond the area
it occupies.
(f) Relocation of building or structure.
(1) Requirements. Whenever an existing building is to be moved from its present location
to a location within the city, the person or business association proposing to move said
structure should first comply with the following specific requirements:
a. File an application for a permit within 60 days of the moving date with the zoning
administrator providing the following information:
1. Location from which structure or building is being moved;
2. Location within the city to which the building or structure is being moved;
3. Construction plans for the building, if available;
4. The site plan for the location in the city upon which the building or structure is
going to be placed;
5. Plans and specs which shall include the foundation; exterior repairs and
improvements, including windows and doors; roofing, electrical and plumbing
modifications; heating systems; and any necessary interior reconstruction
decorating, all to be in accordance with applicable building codes and which
shall indicate that the structure once moved shall be in reasonable conformance
with surrounding property including but not limited to sodding, grading and
planting.
b. Upon presentation of this application, deposit the fee as established by the city
with the zoning administrator to defray costs incurred by the city in processing the
application, inspecting the building and doing whatever else is necessary to
determine whether the building conforms with or can be made to conform with
existing codes. If any portion of the escrow payment required is not used, the
amount remaining shall be returned to the petitioner following satisfactory
completion of subsection (f)(1)d. of this section.
c. If the city requires an additional deposit to guarantee any street repairs that may be
required following the process of moving the building, deposit such amount up to
maximum established by the council with the zoning administrator. Any unused
portion of such deposit will be returned to the petitioner following satisfactory
completion of subsection (f)(1)d. of this section.
d. Furnish a surety bond to the city in the amount of 1½ times the estimated costs of
remodeling, refurbishing or otherwise constructing or reconstructing such building
in accordance with the plans and specifications and the city's building code and
such bond shall be further conditioned that work will be completed within 90 days
of issuance of the permit. The bond shall operate in favor of the city and shall hold
the city harmless from any loss or damage by reason of improper or inadequate
work performed by the holder of said license under the provisions of this chapter.
In addition, the bond shall set forth that the site will be cleaned up and that all
rubbish, material, extra fill, dirt, debris and leftover materials shall be removed
within 15 days after the building is moved on to the site.
e. Deposit with the zoning administrator a copy of a certificate of insurance
indicating that the petitioner has sufficient insurance to protect the municipality and
public from any and all damage that may result either directly or indirectly from the
moving of said building.
(2) Building inspection. Upon receipt of the application, the zoning administrator shall
inform the building inspector who shall inspect the building and be reimbursed for time
and travel involved in making such inspection.
(3) Site alterations. The city engineer shall determine whether or not drainage of the new
site is feasible and available and in connection therewith may require any appurtenances
or new installations all of which shall be at petitioner's expense.
(4) Review of application; approval requirements. The city council shall review the
application and grant the permit if all of the foregoing requirements have been met and
so long as the council is satisfied that:
a. The building is not too large to move without endangering persons or property in
the city;
b. The building is not in such a state of deterioration or disrepair or is otherwise
structurally so unsafe that it could not be moved without endangering persons
and/or property in the city;
c. The building is not structurally unsafe or unfit for the purpose for which it is being
moved into the city.
(Code 1993, § 9-2.02; Ord. No. 0-89-9, 5-9-1989; Ord. No. 05-03, §§ 1—3, 6-8-2005)
State Law reference – Nonconformities, Minn. Stats. § 462.357, subds. 1c, 1e.
Sec. 113-6 - Lot provisions
(a) Use of nonconforming lots. A lot of record existing upon the effective date of the ordinance
from which this chapter is derived, which does not meet the requirements of this chapter as
to area or width, but which meets all other chapter requirements, may be utilized for single-
family detached dwelling purposes provided it is zoned residential and the measurements of
such area or width are within 66 2/3 percent of the requirements of this chapter, but said lot
of record shall not be more intensively developed unless combined with one or more
abutting lots or portions thereof so as to create a lot meeting the requirements of this chapter.
(b) Building restriction. Except in the case of planned unit developments (PUDs) as provided
for hereinafter, not more than one principal building shall be located on a lot.
(Code 1993, § 9-2.03; Ord. No. 99-05, § 1, 8-25-1999)
Secs. 113-7 – 113-30 - Reserved
ARTICLE II - ADMINISTRATION AND ENFORCEMENT
DIVISION 1 - GENERALLY
Sec. 113-31 - Enforcement; violations; penalties
(a) Zoning administrator and city attorney. The zoning administrator, with the assistance of
the city attorney, shall have the authority to enforce, and be responsible for the enforcement
of this chapter. Any complaint received shall be promptly investigated by the zoning
administrator. If the matter cannot be adjusted by the zoning administrator to the satisfaction
of the complainant, he or she shall promptly be reported to the city attorney, who shall then
proceed to enforce the chapter according to its provisions following approval and receipt of
instructions from the city council.
(b) Violations; cancellation of permits. If any condition in any permit, including variances and
conditional use permits, is violated, the zoning administrator shall serve notice on the owner
of the permit that unless the violation is corrected in the time set by the zoning
administrator, not to exceed ten days, the permit shall at the expiration of said period be
terminated, provided, that if said owner shall within a period of 20 days from the service of
said notice, correct the violation, the order shall be stayed until the appeal has been heard.
Said notice shall be served either by personal service or by registered or certified mail, the
period herein provided shall be extended by three days, not counting Saturdays, Sundays, or
legal holidays. If an appeal is filed, it shall be processed as provided in this chapter. If there
is no appeal, or if on appeal the zoning administrator is sustained, the permit shall terminate
and the zoning administrator shall refer the matter to the city attorney for such action as is
required under this chapter.
(c) Injunctive relief. The zoning administrator, upon approval of the city council, shall have
the authority to petition the district court of the county, or such court as shall have
jurisdiction to hear the matter, for injunctive relief against continued violations of any of the
provisions of this chapter. It shall be the duty of the city attorney to represent the zoning
administrator in the action.
(Code 1993, § 9-15.07)
State Law reference – Zoning violations, Minn. Stats. § 462.362.
Sec. 113-32 - Zoning administrator
(a) Establishment; appointment. There is hereby established the office of zoning administrator,
which shall be filled by the city administrator unless otherwise appointed by the city council.
(b) Duties. The duties of the zoning administrator shall be to:
(1) Administer and enforce the provisions of this chapter either directly or through the
building inspector;
(2) Issue building permits;
(3) Issue such other permits as are required by this chapter upon the determination thereof
by the proper authority;
(4) Issue certificates of occupancy;
(5) Keep and maintain a permanent record of this chapter, to enter upon such record all
amendments thereof, to provide for public inspection thereof at all times, and pursuant
to the determination of the council to provide for the distribution or sale thereof;
(6) Keep secure the official land use map and the official zoning map and to make
amendments thereof or additions thereto upon adoption thereof, to provide for public
inspection thereof during official business hours of the city and pursuant to the
determination of the council to provide for the distribution or sale thereof;
(7) Maintain all city plans (comprehensive municipal or guide plan and others) in an up-
to-date condition;
(8) Assign conditional and other permit numbers to all land uses in the city which are
automatically granted a permit upon enactment of the ordinance from which this chapter
is derived; this may be done at such time as existing land uses change, alter, expand,
construct, move or otherwise require an amendment due to change following enactment
of the ordinance from which this chapter is derived;
(9) Prepare and submit to the planning commission, and the council, if appropriate,
applications for building permits, variances, conditional use permits and appeals;
(10) Maintain records of all permits issued, appeals, variances, conditional use permits
and the disposition thereof;
(11) Receive, file and forward to the respective official bodies applications for variances,
conditional uses and appeals;
(12) Publish and attend to the service of all notices required under the provisions of this
chapter and to make or prepare and file affidavits of service thereof;
(13) Refer to the city attorney all violations of this chapter that cannot be handled
administratively;
(14) Assure that all building permits comply with the terms of this chapter;
(15) Conduct inspections of buildings and land to determine compliance with the terms of
this chapter.
(c) Discretion; interpretation. The zoning administrator shall not have the discretion to vary
the terms and provisions of this chapter. He or she shall have the power and the
responsibility to interpret any provisions of this chapter that may be unclear. In the discharge
of this duty the city attorney shall provide advice to him or her upon request. In the making
of any such interpretation, the zoning administrator shall set forth a decision in writing,
including reasons thereof.
(Code 1993, § 9-15.01)
Sec. 113-33 - Conformity of building plan to regulations
Upon application for a building permit, a detailed site and development plan, if applicable,
shall be submitted to the zoning administrator indicating conformance with regulations of this
chapter. Plan submission requirements shall be as noted herein and as may be requested by the
zoning administrator.
(Code 1993, § 9-2.12)
Sec. 113-34 - Payment of city expenses
All applicants for the issuance of any permit or final plan approval shall pay in addition to
the fees and charges for platting, subdividing, rezoning, and the permits for variances for land
development or redevelopment within the city, all out-of-pocket expenses incurred by the city in
employing the services of any engineer, legal counsel, or other professional consultants with
regard to reviewing said plat, subdivision, application for rezoning and conditional use permit or
variance.
(Code 1993, § 9-2.14)
Sec. 113-35 - Amendments
(a) Initiation of amendments. An amendment to this chapter may be initiated by the city
council, the planning commission, or by petition of a property owner whose property would
be affected by the proposed amendment.
(b) Application for amendment. All applications for amendments initiated by a property owner
shall be filed with the zoning administrator on an official application form. The application
shall be accompanied by a fee established by city council resolution and a cash escrow, in an
amount determined by the zoning administrator, to reimburse the city for all out-of-pocket
costs the city may incur in reviewing the application. When the amendment involves the
changing of zoning district boundaries, the application shall be accompanied by an
abstractor's certified property certificate listing the property owners within 350 feet of the
boundaries of the property to which the amendment relates.
(c) Public hearing. When a proposed amendment to this chapter has been properly initiated,
the city clerk shall call a public hearing before the planning commission. A notice of the
time, place, and purpose of the hearing shall be published in the city's official newspaper at
least ten days prior to the hearing. When an amendment involves changes in district
boundaries affecting an area of five acres or less, a similar notice shall be mailed at least ten
days before the date of the hearing to each owner of affected property and property situated
wholly or partly within 350 feet of the property to which the amendment relates. The failure
to give mailed notice to individual property owners, or defects in the notice shall not
invalidate the proceeding, provided a bona fide attempt to comply has been made. The
planning commission shall conduct the hearing and make a recommendation to the city
council.
(d) Action by city council. The city council shall not act upon a proposed amendment until it
has received the recommendation of the planning commission or until 60 days after the first
regular planning commission meeting at which the proposed amendment was considered.
(e) Consistency with comprehensive plan. No amendment to this chapter shall be adopted
which is in conflict with the city's comprehensive plan.
(f) Time deadline; approval requirements. Pursuant to Minn. Stats. § 15.99, an application for
an amendment must be approved or denied within 60 days from the date a properly
completed application is received by the city unless the time period is waived by the
applicant or extended as provided by statute. Approval of an amendment shall require a
majority vote of all the members of the city council. Amendments which change all or part
of the existing classification of a zoning district from residential to either commercial or
industrial require a two-thirds majority vote of all members of city council.
(Code 1993, § 9-15.05; Ord. No. 97-06, § 1, 9-24-1997)
State Law reference – Amendments, Minn. Stats. § 462.357, subds. 2 – 4.
Sec. 113-36 - Fees and costs
The zoning administrator or other administrative office having jurisdiction therein shall
charge each applicant, petitioner or other person requesting a permit, rezoning or other zoning
approval or review such fees as may be prescribed therefor by ordinance or by resolution
published in the same manner as an ordinance. Each applicant, petitioner or other person shall
also pay all legal, engineering, planning, and similar out-of-pocket costs incurred by the city in
connection with the respective matter. The zoning administrator with the approval of the council
may require each applicant, petitioner or other person to deposit with the city in escrow a cash
amount based on an estimate by the zoning administrator of such fees and costs. Any surplus
shall be refunded to and any additional costs paid by the applicant, petitioner or other person.
The obligation to pay such fees and costs shall not be affected by the disposition of the matter.
(Code 1993, § 9-15.06)
Secs. 113-37 – 113-60 - Reserved
DIVISION 2 - APPEALS AND VARIANCES
Sec. 113-61 - Board of adjustments and appeals
The city council shall act as the board of adjustments and appeals.
(Code 1993, § 9-15.02)
State Law reference – Board of adjustments and appeals, Minn. Stats. § 462.354, subd. 2.
Sec. 113-62 - Variances
(a) Definitions. The following words, terms and phrases, when used in this division, shall have
the meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Practical difficulties means the same as that term defined in Minn. Stats. § 462.357, as may
be amended, meaning that the property owner proposes to use the property in a reasonable
manner not permitted by this chapter, the plight of the landowner is due to circumstances unique
to the property not created by the landowner, and a variance, if granted, shall not alter the
character of the locality. Economic considerations alone shall not constitute practical difficulties.
Practical difficulties include but are not limited to inadequate access to direct sunlight for solar
energy systems.
Variance means a modification of or variation from the provisions of this chapter consistent
with the state enabling statute for municipalities, as applied to a specific property and granted
pursuant to the standards and procedures of this chapter.
(b) Purpose. The purpose of this division is to provide the procedure and criteria for variances.
(c) Application.
(1) Any owner of property or a person holding a contract to purchase property, or an
optionee holding an option conditioned solely on the grant of a variance, or the duly
authorized agent of such appellant, may make application for a variance. The
application shall be made on forms prepared by the zoning administrator.
(2) The application shall contain the legal description of the property, the zoning district
in which it is located, a brief statement of the reasons the variance is requested, a
statement of the ownership interest therein of the applicant and the names and addresses
of the owners of all abutting property as listed on the current real estate tax rolls. The
application shall be verified.
(d) Use variances prohibited. Variances may not be approved for a use that is not allowed in
the zoning district where the property is located.
(e) Review criteria. The city council shall not approve any variance request unless they find
that failure to grant the variance will result in practical difficulties on the applicant, and, as
may be applicable, all of the following criteria have been met:
(1) The variance would be in harmony with the general purposes and intent of this
chapter.
(2) The variance would be consistent with the comprehensive plan.
(3) That, there are practical difficulties in complying with this chapter.
(4) That the granting of the variance will not impair an adequate supply of light and air to
adjacent property, or substantially increase the congestion of the public streets, or
increase the danger of fire, or endanger the public safety.
(5) That the requested variance is the minimum action required to eliminate the practical
difficulties.
(6) Variances shall be granted for earth sheltered construction as defined in Minn. Stats. §
216C.06, subd. 14, when in harmony with this chapter. Variances may be approved for
the temporary use of a one-family dwelling as a two-family dwelling.
(f) Conditions. The city may attach conditions to the grant of the variance. A condition must
be directly related to and must bear a rough proportionality to the impact created by the
variance.
(g) Procedure.
(1) All applications for variances shall be referred to the planning commission for study
and recommendation to the city council.
(2) Within 60 days, the planning commission shall forward its recommendations to the
city council; if no recommendation is transmitted within 60 days after referral of the
application for variance to the planning commission, the city council may take action
without further awaiting such recommendation.
(3) Variances are granted or denied by motion of the city council.
(h) Termination. The violation of any condition of the variance shall be the basis for the city
council, following a hearing, to terminate the variance. If the property is not used or
improvements substantially begun within a period of one year after the decision granting the
variance, unless the variance decision provides otherwise, the variance shall be terminated.
Unless the city council specifically approves a different time when action is officially taken
on the request, approvals which have been issued under the provisions of this section shall
expire without further action by the planning commission or the city council, unless the
applicant commences the authorized use or improvement within one year of the date the
variance is issued; or, unless before the expiration of the one-year period, the applicant shall
apply for an extension thereof by completing and submitting a request for extension,
including the renewal fee as established by city council. The request for extension shall state
facts showing a good faith attempt to complete or utilize the approval permitted in the
variance. A request for an extension not exceeding one year shall be subject to the review
and approval of the zoning administrator. Should a second extension of time, or any
extension of time longer than one year, be requested by the applicant, it shall be presented to
the planning commission for a recommendation and to the city council for a decision.
(Code 1993, § 9-15.03; Ord. No. 11-01, § 1, 7-13-2011)
State Law reference – Variances, Minn. Stats. § 462.357, subd. 6(2).
Secs. 113-63 – 113-82 - Reserved
DIVISION 3 - CONDITIONAL USE PERMITS2
Sec. 113-83 - Purpose and public policy
Conditional uses are those uses authorized by this chapter which require special planning
consideration due to traffic circulation and access needs or impacts, operational characteristics,
proximity to other similar uses, impact on neighboring property, etc., and which therefore need
special conditions imposed to establish or control these factors in order to protect the public
health, safety and welfare and to assure compliance and harmony with the comprehensive plan of
the city. In the enactment of the ordinance from which this chapter is derived, the city recognizes
that there are certain uses that, because of their characteristics, limited number, or unique
character, cannot be classified into any particular district or districts without providing for such
districts extensive regulatory provisions herein. It is also recognized that there may be uses that
are not provided for in this chapter. Certain uses, while generally not suitable in a particular
zoning district, may, under some circumstances and conditions be suitable. A conditional use
permit shall apply to the use and land and not to a particular person or firm; any change in land
ownership, lease, rental, occupancy or similar change shall not affect the permit or its conditions
except as may be specifically authorized and required by the city. Conditional use permits may
be issued for any of the following:
(1) Any of the uses or purposes for which such permits are required or permitted by the
provisions of this chapter.
(2) Public utility or public service uses or public buildings in any district when found to
be necessary for the public health, safety, convenience or welfare.
(3) To permit the location of any of the following uses in a district from which they are
excluded by the provisions of this chapter: library, community center, church, hospital,
any institution of an educational, philanthropic or charitable nature, cemetery or
mausoleum.
(Code 1993, § 9-15.04(1))
Sec. 113-84 - Application; information required
(a) Generally; fee. Any owner of property, or a person holding a contract to purchase property,
or an optionee holding an option conditioned solely on the grant of a conditional use permit;
or the duly authorized agent of such applicant, may make application for a conditional use
permit; however, any proceedings to classify certain uses as conforming uses may be
initiated either by such application or by the city council or by the city planning
commission. The application shall be made on forms prepared by the zoning administrator,
and filed with him or her. The application shall contain the section number of the chapter
which permits the issuance of the permit, a brief statement describing the use and why the
applicant feels that it can be permitted, a statement of the ownership interest in the property
of the applicant, as well as the additional information required below. An application for a
conditional use permit shall be accompanied by payment of a fee as set from time to time by
the city council in addition to the regular building permit fee, if any.
(b) Site plan and graphic or written material; location map, etc. A site plan and
supplementary graphic or written material shall be provided with the application, containing
the following information and/or such additional or lesser information as may be required by
the zoning administrator:
(1) Name, address, and legal description of project/development.
(2) Location map, showing zoning district boundaries including area within one-half mile
of the site.
(3) Name and mailing address of developer/owner and engineer/architect.
(4) Date of plan preparation.
(5) Scale and a north point indicator.
(6) Boundary line of property with their dimensions.
(7) Location identification and dimensions of existing and proposed:
a. Topographic contours of minimum intervals of two feet.
b. Adjacent streets and on-street right-of-way.
c. On-site streets and street right-of-way.
d. All utility and utility right-of-way easements.
e. Lighting plan, showing the lighting of parking areas, walks, security lights and
driveway entrance lights.
f. Buildings and structures including:
1. Elevation drawings of all proposed building and structures with dimensions.
2. Elevation, height above mean sea level of all floors and roofs, when structure
is sited in an area prone to flooding as determined by the city engineer.
3. Gross square footage of existing and proposed buildings and structures.
4. Exterior finish materials.
5. Type of business, proposed number of employees, and times of operations.
g. All parking facilities.
h. Water bodies and drainage ditches.
i. Fences and retaining walls.
j. Landscape plan, showing size and species of each planting.
k. On- and off-site traffic flow.
l. Parking plan.
(8) Site statistics including square footage, percentage of coverage, dwelling unit density,
and percentage of park or open space.
(9) Names and addresses of the owners of all property abutting the subject property, as
contained in the current real estate tax rolls, including property located across the street,
avenue or alley from the subject property.
(Code 1993, § 9-15.04(2))
Sec. 113-85 - Hearing; development standards
(a) Public hearing. The planning commission shall hold a public hearing preceded by ten days'
published and mailed notice. Mailed notice should be given to property owners within 350
feet of the property for which the conditional use permit is sought.
(b) Review of applicant's plan. The planning commission and/or council shall consider to what
extent the applicant's plan minimizes possible adverse effects of the proposed conditional
use, what modifications to the plan and what conditions on approval could further minimize
the adverse effects of the proposed use.
(c) General requirements. The following development standards shall be considered general
requirements for all conditional use permits except as hereinafter provided:
(1) The land area and setback requirements of the property containing such a use or
activity meet the minimums established for the district.
(2) When abutting a residential use, the property shall be screened and landscaped.
(3) Where applicable, all city, county, state and federal laws, regulations and ordinances
shall be complied with and all necessary permits secured.
(4) Signs shall not adversely impact adjoining or surrounding residential uses.
(5) Adequate off-road parking and loading shall be provided. Such parking and loading
shall be screened and landscaped from abutting residential uses.
(6) The road serving the use or activity must be of sufficient design to accommodate the
proposed use or activity, and such use or activity shall not generate such additional
extra traffic as to create a nuisance or hazard to existing traffic or to surrounding land
use.
(7) All access roads, driveways, parking areas, and outside storage, service, or sales areas
shall be surfaced or grassed to control dust and drainage.
(8) All open and outdoor storage, sales and service areas shall be screened from view
from public streets and from abutting residential uses or districts.
(9) All lighting shall be designed to prevent any direct source of light being visible from
adjacent residential areas or from the public streets.
(10) The use or activity shall be properly drained to control surface water runoff.
(11) The architectural appearance and functional plan of the building and site shall not be
so dissimilar to the existing buildings or area as to cause impairment in property values
or constitute a blighting influence.
(12) The proposed water, sewer and other utilities shall be capable of accommodating the
proposed use.
(13) That the proposed use conforms to the comprehensive municipal plan. Such a finding
shall be based upon the following considerations:
a. That certain uses may not be considered appropriate within the interior of
residential neighborhoods because of noise, traffic, or other conditions that would
tend to affect adversely the residential character of the neighborhood and possibly
reduce property values. These uses are considered appropriate only on the
periphery of residential neighborhoods, or under such conditions as the planning
commission may deem proper. The uses may represent "buffer" uses for those areas
lying between single-family dwellings and nonresidential uses.
b. That certain uses are considered, as a rule, unsuitable in business districts because
of inherent business characteristics (e.g. traffic, noise, glare), proximity to
residential areas, the fact that they tend not to serve nearby residential areas, or may
adversely affect nearby permitted business uses.
c. That certain temporary uses that are generally not suitable within a particular
zoning district are potentially suitable on a temporary basis. This may be due to the
lack of development on existing property, to a short-term need (such as highway
construction), or to a limited degree of adverse effects upon adjacent land use.
(d) Exceptions. These standards shall be strictly applied unless it is found in the particular case
that the community safety, health and welfare can as well or better be served by modifying
them. Any special requirements applicable to the particular case that are imposed elsewhere
in this chapter shall be met in each case.
(e) Recommendations. When applications are reviewed by the planning commission but acted
upon by the city council, the planning commission shall recommend to the city council
whatever action it deems advisable, including all recommended conditions on the granting
of the conditional use permit.
(Code 1993, § 9-15.04(3))
Sec. 113-86 - Action
In acting upon applications for conditional use permits, consideration shall be given to the
effect of the proposed use upon the health, safety, morals, comfort, convenience and welfare of
the occupants of the surrounding lands, existing and anticipated traffic conditions, including
parking facilities on adjacent sites. When applications are reviewed by the planning commission
but acted upon by the city council, the city council may hold whatever public hearings it deems
advisable or may return the application to the planning commission for further consideration.
(1) Approval. If it is determined that the general and special requirements of this chapter
will be satisfied by the applicant's plan, the city may grant such permit and may impose
conditions relating to the general and special requirements in each case, including
durational conditions. Approval shall be by resolution.
(2) Denial. Conditional use permits may be denied by resolution. Such resolution shall
state the reasons for denial, but may incorporate by reference the minutes and
recommendations of the planning commission, staff reports, hearing testimony and any
other material relevant to the decision.
(Code 1993, § 9-15.04(4))
Sec. 113-87 - Violations; termination
If compliance with all of the conditions of the conditional use permit has not taken place
within the time prescribed by the city, the permit is deemed terminated, unless the council, in its
sole discretion, extends the time for compliance for an additional permit not to exceed one year.
Any violation of a continuing condition shall be grounds for revocation of the conditional use
permit, after notice of violation served upon the permit holder in the manner of a civil summons
at least ten days prior to hearing, and upon the council finding at the revocation hearing that the
condition violated remains necessary to carry out the purposes of this section and that the permit
holder is unable or unwilling to satisfy the condition. Such finding shall be made by majority
vote, upon the preponderance of the evidence presented by the zoning administrator and anyone
appearing on behalf of the permit holder.
(Code 1993, § 9-15.04(5))
Sec. 113-88 - Performance bond
The city may require a performance bond or other security, to guarantee performance of the
conditions in any case where such performance is not otherwise guaranteed. Such security shall
be provided prior to the issuance of building permits or initiation of work on the proposed
improvements or development and shall be in an amount 1.25 times the approved estimated costs
of labor and materials for the proposed improvements or development.
(Code 1993, § 9-15.04(6))
Secs. 113-89 – 113-119 - Reserved
DIVISION 4 - INTERIM USE PERMITS
Sec. 113-120 - Purpose and intent
The purpose and intent of allowing interim uses is to allow a use:
(1) For a temporary period of time until a permanent location is obtained or while the
permanent location is under construction.
(2) That is presently judged acceptable by the city council, but that with anticipated
development or redevelopment, will not be acceptable in the future or will be replaced
in the future by a permitted or conditional use allowed within the respective district.
(3) Which is reflective of anticipated long-range change to an area and which is in
compliance with the comprehensive plan provided that said use maintains harmony and
compatibility with surrounding uses and is in keeping with the architectural character
and design standards of existing uses and development.
(Code 1993, § 9-15.08(1); Ord. No. 03-02, § 2, 2-12-2003)
Sec. 113-121 - Procedure
Interim uses shall be processed according to the standards and procedures for a conditional
use permit as established by article II, division 3 of this chapter.
(Code 1993, § 9-15.08(2); Ord. No. 03-02, § 2, 2-12-2003)
Sec. 113-122 - General standards; termination
(a) An interim use shall comply with the following:
(1) Meet the standards of a conditional use permit set forth in section 113-85 of this
chapter, except that screening and landscaping shall not be required unless specifically
enumerated as a condition in the permit.
(2) Conform to the applicable general performance standards of article VI, division 3 of
this chapter, except that screening and landscaping shall not be required unless
specifically enumerated as a condition in the permit.
(3) The use is allowed as an interim use in the respective zoning district.
(4) The date or event that will terminate the use can be identified with certainty.
(5) The use will not impose additional unreasonable costs on the public.
(6) The user agrees to any conditions that the city council deems appropriate for
permission of the use.
(b) An interim use shall terminate on the happening of any of the following events, whichever
occurs first:
(1) The date or event stated in the permit.
(2) Upon violation of conditions under which the permit was issued.
(3) Upon change in the city's zoning regulations that render the use nonconforming.
(Code 1993, § 9-15.08(3); Ord. No. 03-02, § 2, 2-12-2003)
Secs. 113-123 – 113-142 - Reserved
ARTICLE III - ZONING DISTRICTS ESTABLISHED; ZONING MAP
Sec. 113-143 - Districts
The city is hereby divided into the following use districts and groups of use districts:
(1) Residential districts:
a. R-1 one-family residential district.
b. R-2 one- and two-family residential district.
c. R-3 medium density multiple-family residential district-apartment buildings.
d. R-4 high density multiple-family residential district-apartment buildings.
e. R-5M mixed use high density residential district.
(2) Business districts:
a. B-1 limited business district.
b. B-2 limited business district.
c. B-3 Snelling and Larpenteur community business district.
(3) Special purpose districts:
a. Planned unit development.
b. Public land (P-1).
(Code 1993, § 9-3.01; Ord. No. 10-06, § 2, 9-8-2010)
Editor's note – Ord. No. 10-06, § 2, adopted Sept. 8, 2010, set out provisions intended for use as
§ 113-144(1). For purposes of classification, and at the editor's discretion, these provisions have
been included as § 113-143(1).
State Law reference – Zoning districts authorized, Minn. Stats. § 462.357, subd. 1.
Sec. 113-144 - Zoning district map
(a) Adoption of zoning map. The boundaries of the above districts are hereby established as
shown on that certain original map entitled Zoning Map, City of Falcon Heights, Minnesota,
which map is properly approved and filed, hereinafter referred to as the "zoning map." Said
map and all of the notations, references and other information shown thereon shall have the
same force and effect as if fully set down herein and are hereby incorporated by reference
and made a part of this chapter.
(b) District boundary lines. The district boundary lines on said map are intended to follow
street right-of-way lines, street centerlines or lot lines unless such boundary line is otherwise
indicated on the map. In the case of unsubdivided property or in any case where street or lot
lines are not used as boundaries, the district boundary lines shall be determined by use of
dimensions or the scale appearing on the map. Whenever any street or public way is vacated,
any zoning district line following the centerline of said vacated street or way shall not be
affected by such vacation.
(c) Conditional use permits. When any conditional use permit is issued which affects any
zoning district in a substantial way, said permit shall be coded and noted on the zoning
district map by the zoning administrator so as to clearly indicate the use so permitted which
may not otherwise be clearly evident from the map or text of this chapter.
(Code 1993, § 9-3.02)
Sec. 113-145 - Annexed territory
Areas being annexed shall be appropriately zoned in accordance with the comprehensive
municipal plan at the time of annexation. Pending official zoning action by the city council, all
annexed land shall be considered as zoned R-1.
(Code 1993, § 9-2.09)
Secs. 113-146 – 113-173 - Reserved
ARTICLE IV - DISTRICT REGULATIONS
Sec. 113-174 - One-family R-1 residential district
(a) Scope. The provisions of this section apply to the R-1 one-family residential district.
(b) Permitted Uses. Within any R-1 one-family residential district, no structure or land
shall be used except for one or more of the following uses: one-family detached
dwellings.
(c) Conditional uses. Within any R-1 one-family residential district, no structure or land
shall be used for the following uses except by conditional use permit:
(1) Public parks and playgrounds.
(2) Schools, provided no buildings shall be located within 50 feet of any lot line
of an abutting lot in an R use district. Any fence erected around a play area shall
be not less than 15 feet from a street line when said fence would be across the
street from an R use district.
(3) Municipal buildings and structures, excluding storage of maintenance
equipment and trucks over 1½ tons, stockpiling of aggregate and open storage of
material, but including firefighting apparatus, provided these shall not be located
within 30 feet of any lot line of an abutting lot in an R use district.
(4) Essential service structures, provided no building shall be located within 50
feet from any lot line of an abutting lot in an R use district. The architectural
design of service structures should be compatible to the neighborhood in which
they are to be located.
(5) Golf courses, country clubs, tennis clubs, public swimming pools serving
more than one family.
(6) Off-street parking: when the proposed site of the off-street parking abuts on a
lot which is in a B district and subject to those conditions set forth in article VI,
division 2, subdivision II, and such other conditions as found necessary by the
council to carry out the intent of this chapter. However, such off-street parking
shall be permitted as a conditional use in any R-1 one-family use district for
church parking purposes.
(7) Room and/or board for up to four persons.
(8) Home occupations not meeting the definitions and requirements of section
113-391.
(d) Permitted accessory uses. No accessory structures or use of land shall be permitted
except for one or more of the following uses:
(1) Home occupations meeting the definitions and requirements of section 113-
391.
(2) Private tennis courts, provided no portion of the paved or fenced area is
within a required front yard or less than ten feet from a property line.
(3) One private garage or carport and parking space as regulated in section 113-
240.
(4) Private automobile repair or reconditioning as regulated in section 113-250.
(5) Planned landscape areas and edible landscape areas, including residential
gardens, as defined and regulated in section 54-38.
(6) Keeping of domestic pets as required in the Code.
(7) Signs as provided in subsection (g) of this section.
(8) Decorative landscape features and fences as regulated herein.
(9) Accessory buildings other than detached private garages as regulated herein.
The design and placement of the accessory buildings must be approved by the
planner as being in harmony with the surrounding residential neighborhood.
(10) Buildings temporarily located for purposes of constructing on the premises for
a period not to exceed the time necessary for such construction (approved by
zoning administrator).
(11) One composting area, or one compost structure as defined in section 113-
240(l), of plant material including leaves, grass clippings, plant trimmings,
fruits, vegetables and peels, but excluding animal derived materials such as
bones, meat scraps and dairy products, not to cover more than 25 square feet in
area and five feet in height in the rear yard. A larger composting area requires a
permitted accessory use permit. A compost area must be set back at least five
feet from any property line. The compost shall be maintained according to
accepted composting practices for the residential yard.
(12) Garage and residential boutique sales limited to four sales each calendar year
per residential unit, not to exceed ten consecutive days or two consecutive
weekends each.
(13) Keeping of chickens as regulated by the Code.
(14) Beekeeping as regulated by the Code.
(15) Electric vehicle chargers for private use.
(15)(16) Accessory dwelling units as provided in section 113-240.
(e) Lot area, height, lot width and yard requirements.
(1) No structure or building shall exceed two stories or 25 feet in height, whichever is
lesser in height, except as provided in section 113-243.
(2) A side yard abutting a street shall be at least 20 percent of the width of the lot.
(3) The following minimum requirements shall be observed subject to the additional
requirements, exceptions and modifications as set forth in this section and section 113-
241.
Lot Area Lot Width Front Yard Side Yard Rear Yard
10,000 sq. ft. 75 feet interior lot, 90 feet
corner 30 feet 5 feet 30 feet
Flexibility may be provided by allowing the side yard to be decreased to a minimum of
three feet if a maintenance easement is recorded on the deeds of all affected properties.
(No fences or significant landscaping could be installed in the easement areas).
(f) Off-street parking and loading. As provided in article VI, division 2 of this chapter.
(g) Signs. As provided in section 113-449.
(h) Swimming pools. As permitted in section 113-382.
(Code 1993, § 9-4.01; Ord. No. 0-89-12, 7-26-1989; Ord. No. 0-89-16, 11-8-1989; Ord. No. 0-
91-2, 1-23-1991; Ord. No. 0-91-13, § 2, 11-27-1991; Ord. No. 0-99-09, § 3, 12-15-1999; Ord.
No. 00-01, 6-3-2000; Ord. No. 07-05, § 1, 5-9-2007; Ord. No. 13-04, § 2, 7-24-2013; Ord. No.
19-04, § 2, 5-8-2019; Ord. No. 20-05, § 2, 10-14-2020; Ord. No. 20-07, § 2, 12-09-2020)
Sec. 113-175 - One- and two-family R-2 residential district
(a) Scope. The provisions of this section apply to the R-2 one- and two-family residential
district.
(b) Permitted uses. No structure or land shall be used except for one or more of the following
uses:
(1) One- or two-family detached dwellings.
(2) All permitted uses in the R-1 district.
(c) Conditional uses. Conditional uses shall be as permitted in the R-1 district.
(d) Permitted accessory uses. No accessory structures or use of land shall be permitted except
for one or more of the following uses: all accessory uses as permitted in the R-1 district.
(e) Lot area, height, lot width and yard requirements. The following minimum requirements
shall be observed subject to any additional requirements, exceptions or modifications as set
forth herein:
(1) One-family building as required in the R-1 district.
(2) Two-family building as required for a one-family building except that any building
with two families shall have a minimum lot area of 12,500 square feet.
(f) Off-street parking and loading. As provided in article VI, division 2 of this chapter.
(g) Signs. As provided in section 113-449.
(h) Swimming pools. As permitted in section 113-382.
(i) Permitted encroachments on required yards. As permitted in the R-1 district.
(Code 1993, § 9-5.01; Ord. No. 0-93-07, § 6, 7-28-1993)
Sec. 113-176. - R-3 medium density multiple-family residential district-apartment buildings.
(a) Scope. The provisions of this section apply to the R-3 medium density multiple-family
residential district.
(b) Permitted uses. All permitted uses in the R-2 district.
(c) Conditional uses. No structure or land shall be used for the following uses except by
conditional use permit, except that multifamily dwellings shall not exceed 12 per acre.
(1) Any conditional use permitted in the R-1 and R-2 districts.
(2) Conversion or enlargement of existing homes to accommodate one-, two-, three- or
four-dwelling units.
(3) Large group homes as defined in this chapter.
(4) Townhouses. See performance standards as permitted in article VI, division 3 of this
chapter.
(5) Buildings containing two or more dwelling units not exceeding 12 dwelling units per
acre.
(d) Permitted accessory uses. The following uses shall be permitted accessory uses:
(1) All accessory uses as permitted in the R-1, R-2 districts.
(2) Conversion or enlargement as required by terms of a conditional use permit.
(e) Lot area, height, lot width and yard requirements.
(1) See performance standards as permitted in article VI, division 3 of this chapter (or as
required by conditional use permit).
(2) No structure or building shall exceed three stories, or 30 feet, whichever is lesser in
height, except as provided in section 113-243.
(3) A side yard abutting on a street shall not be less than 30 feet in width, and when a side
yard of a multifamily structure abuts a single-family residence, the side yard shall not
be less than 20 feet.
(4) The following minimum requirements shall be observed subject to additional
requirements except as a modification set forth in this section and section 113-241.
Lot Area Lot
Width
Front
Yard Side Yard Rear
Yard
12,500 sq.
ft. 90 feet 30 feet 10 feet or ½ the height of the building, whichever
is greater 30 feet
*Lot area for single-family residence may be reduced to 10,000 square feet.
(Code 1993, § 9-7.01; Ord. No. 0-93-07, § 7, 7-28-1993; Ord. No. 10-06, § 3, 9-8-2010)
Editor's note – Ord. No. 10-06, § 3, adopted Sept. 8, 2010, changed the title of § 113-176 from
"R-4 medium density multiple-family residential district-apartment buildings" to "R-3 medium
density multiple-family residential district-apartment buildings". This historical notation has
been preserved for reference purposes.
Sec. 113-177 - B-1 neighborhood convenience district
(a) Scope. The provisions of this section apply to the B-1 neighborhood convenience district.
(b) Purpose and intent. The purpose of the neighborhood convenience business district is to
provide for small-scale consumer goods stores and limited service establishments which deal
directly with the customer by whom the goods and services are consumed. The maximum
business size limit is 5,000 square feet. Some business areas may be further restricted by
zoning regulations to avoid adverse impacts on residential neighborhoods. The district is
primarily intended to serve the surrounding neighborhood rather than the entire community.
It is designed to be accessible to retail customers from the nearby neighborhoods, to be
compatible with the character of the neighborhoods, and to minimize the blighting influence
on surrounding residential neighborhoods by limiting and controlling the uses that are
permitted.
(c) Permitted uses. No structure or land shall be used except for the following specific uses:
(1) Barbershops, except barber colleges.
(2) Beauty shops, but excluding cosmetology schools.
(3) Convenience stores, excluding motor fuel facilities.
(4) Coin and philatelic (stamp) stores.
(5) Drugstores/pharmacies.
(6) Florists.
(7) Garment pressing, and agents for laundries and dry cleaners, with a maximum of six
employees.
(8) Health care, offices and clinics.
(9) Laundries - power, with a maximum of six employees.
(10) Laundromats - self serve.
(11) Miscellaneous retail establishments (small) (excluding repair and service
establishments and gun shops) having a maximum floor area of 1,000 square feet which
sell food, apparel and small specialty shopping goods including antiques, sporting
goods, books, stationery, jewelry, cameras, novelty and optical stores and small cafes
and restaurants.
(12) Offices, business and professional.
(13) Holiday tree sales.
(d) Conditional uses. The following uses are permitted subject to the issuance of a conditional
use permit (CUP):
(1) Automobile repair establishments subject to the following conditions:
a. The use is existing as of the date of adoption of the amendment from which this
section is derived.
b. The structure and use shall not be expanded without city council approval, based
upon finding that the expansion is a furtherance of the public health and safety and
will not negatively impact the surrounding neighborhood.
c. Any change in use shall be to the same or another B-1 permitted or conditional use.
d. No more than five cars shall be parked outdoors overnight at any one time, and
cars shall be parked in an orderly fashion in a designated area.
e. There shall be no outdoor storage of supplies, materials or trash.
f. Trash containers and parking areas shall be screened from view from residential
areas to the maximum degree practicable in consultation with city officials and
upon approval by the city council after review by the planning commission.
(2) Adult and child care facilities and nursery schoolsDay care centers subject to licensing
by the state.
(3) Motor fuel stations as an integral part of a convenience store located at the corner of a
minor arterial and collector street as defined by the comprehensive plan.
(4) Secondhand goods stores as defined in this chapter.
(e) Permitted accessory uses. The following uses shall be permitted accessory uses:
(1) Off-street parking and loading, signs, fences, and decorative landscape features as
regulated herein.
(2) Temporary construction buildings (approved by zoning administrator).
(3) Accessory structures other than private garages as regulated herein. The design,
placement, screening and size of the accessory buildings must be approved by the city
council as being in harmony with the surrounding business district and neighborhood
after review and recommendation by the planning commission.
(4) Essential service structures, provided no building shall be located within 30 feet of an
abutting lot in an R district. The placement of the essential service structure must be
approved by the city council as being in harmony with the surrounding business district
and neighborhood after review and recommendation by the planning commission.
(5) Public telephone booths or drive-up service. The placement of the telephone booth or
drive-up service must be approved by the city council as being in harmony with the
surrounding business district and neighborhood after review and recommendation by
the planning commission.
(6) Planned landscape areas and edible landscape areas, including residential gardens, as
defined and regulated in section 54-38.
(7) Electric vehicle chargers for public use.
(8) Other as deemed to be normal, customary, and incidental by the zoning administrator.
(f) Other requirements. All uses shall in addition to all other requirements comply with the
following standards:
(1) No bars on doors or windows during business hours.
(2) No automatic interior or exterior security lock doors or doors that require request for
entry or exit during business hours.
(3) No exterior storage of merchandise except for nursery stock associated with a florist.
(4) No exterior sales of merchandise except for a three-day period twice a year as a
sidewalk sale or for merchandise associated with a florist.
(g) Lot area, height, lot width and yard requirements.
(1) Minimum lot area 10,000 square feet.
(2) Maximum principal building height two stories or 254 feet, except as provided by
section 113-243 of this chapter. Accessory buildings are subject to section 113-240.
(3) Minimum lot width 90 feet.
(4) Maximum building/use size 5,000 square feet, except where otherwise noted.
(5) Minimum building yard requirements:
a. Front, 30 feet.
b. Side, ten feet, but 30 feet if abutting a street or R district.
c. Rear, 20 feet.
(6) Maximum lot coverage, including the total area of roofs, driveways, parking lots,
sidewalks and similar impermeable surfaces, 75 percent.
(Code 1993, § 9-8.01; Ord. No. 0-93-07, § 1, 7-28-1993; Ord. No. 0-94-05, § 2, 3-23-1994; Ord.
No. 0-95-01, § 2, 5-10-1995; Ord. No. 0-99-09, § 4, 12-15-1999; Ord. No. 00-02, §§ 2, 3, 7-26-
2000; Ord. No. 19-01, § 1, 1-9-2019; Ord. No. 20-07, § 3, 12-09-2020)
Sec. 113-178 - B-2 limited business district
(a) Scope. The provisions of this section apply to the B-2 limited business district.
(b) Purpose and intent. The primary purpose of the limited business district is to provide for
office and limited service, employment and institutional uses which are freestanding in
nature, require larger sites and are or can be made to be compatible with adjacent land uses.
It is also intended to accommodate certain existing businesses for the purpose of maintaining
them as conforming uses. Except where current retail or wholesale businesses are
specifically listed, the limited business district is not intended to accommodate retail or
wholesale businesses. The district is designed to minimize the blighting influence on the
surrounding residential neighborhoods by limiting and controlling the uses that are
permitted.
(c) Permitted uses. No structure or land shall be used except for the following uses:
(1) Financial institutions with hours open to the public no earlier than 8:00 a.m. and no
later than 6:00 p.m. An automatic teller machine may operate for 24 hours a day.
(2) Health care, offices and clinics.
(3) Offices, business and professional.
(4) City-owned community facilities provided there shall be no unscreened outdoor
storage of materials, supplies or equipment, or trucks and trailers exceeding a capacity
of 1½ tons.
(5) Holiday tree sales.
(d) Conditional uses. The following uses are permitted subject to the issuance of a conditional
use permit (CUP):
(1) Drive-through facilities as an accessory use to a financial institution.
(2) Churches.
(3) Adult and child care facilities and nursery schools Day care centers subject to
licensing by the state.
(4) Dance studios, schools and halls.
(5) Florist, garden supply and garden wholesale stores.
(6) Funeral homes and mortuaries.
(7) Limited fabricating and processing of a product in conjunction with any permitted use
when such products are wholly processed within a building and such use is deemed
appropriate and consistent with the character of the district and environs. Where such
uses consist of more than one principal building, plans for such development shall be
submitted as a planned unit development (PUD).
(8) Historical buildings, museums, art institutes and galleries.
(9) Photographic studios, portrait.
(10) Radio broadcasting stations, television broadcasting stations, and cable and other pay
television service stations, excluding external antenna systems.
(11) Studios.
(12) Research centers and laboratories excluding medical waste processing facilities.
(13) Schools or studio for music, art or interior design.
(14) Veterinary clinics with no animal boarding.
(e) Permitted accessory uses. Any accessory use permitted in section 113-177(e). The
requirements of section 113-178(f)(3) and (4) shall not apply.
(f) Other requirements. All uses shall in addition to all other requirements apply the following
standards:
(1) No bars on doors or windows during business hours.
(2) No automatic interior or exterior security lock doors or doors that require request for
entry or exit during business hours.
(3) No exterior storage of merchandise except for nursery stock associated with a garden
supply store or florist.
(4) No exterior sales of merchandise except for nursery stock associated with a garden
supply store or florist.
(g) Lot area, height, width and yard requirements. Subject to exception under article V of this
chapter.
(1) Minimum lot area 12,500 square feet.
(2) Maximum principal building height two stories or 254 feet, except as provided by
section 113-243 of this chapter, three stories or 35 feet maximum allowed by CUP or
PUD. Accessory buildings are subject to section 113-240(f).
(3) Minimum lot width 90 feet.
(4) Minimum building yard requirements:
a. Front, 30 feet.
b. Side, ten feet, but 30 feet if abutting a street or R district.
c. Rear, 20 feet.
(5) Maximum lot coverage, including the total area of roofs, driveways, parking lots,
sidewalks and similar impermeable surfaces, 75 percent.
(h) Interim uses. The following uses are allowed subject to the issuance of an interim use
permit: farmer's markets that meet the following criteria:
(1) Operate no more than one day per week.
(2) Site includes not less than 284 parking spaces for customers of the market.
(3) Market may not operate before 6:30 a.m. or after 8:00 p.m.
(4) Permittee must name a managing agent who is responsible for the conduct of the
vendors in compliance with the conditions of the interim use permit.
(Code 1993, § 9-9.01; Ord. No. 0-93-07, § 3, 7-28-1993; Ord. No. 0-94-05, § 3, 3-23-1994; Ord.
No. 0-99-09, §§ 5—7, 12-15-1999; Ord. No. 00-02, §§ 4, 5, 7-26-2000; Ord. No. 03-02, § 3, 2-
12-2003; Ord. No. 06-03, § 3, 9-13-2006; Ord. No. 19-01, § 2, 1-9-2019)
Sec. 113-179 - B-3 Snelling and Larpenteur community business district
(a) Scope. The provisions of this section apply to the B-3 Snelling and Larpenteur community
business district.
(b) Purpose and intent.
(1) The district applies only to the northeast, northwest, and southwest quadrants of the
Larpenteur and Snelling intersection. The district is designed to provide retail sales and
services that serve the surrounding neighborhoods' and community's needs. Retail sales
and services that serve a larger geographic area are available in larger, nearby business
districts in adjacent cities. By limiting and controlling the uses that are permitted, the
district is designed to be accessible to retail customers from the nearby neighborhoods
and the community, to be compatible with the character of the neighborhoods and
overall community, and to minimize the blighting influence on the surrounding
residential neighborhoods.
(2) Furthermore, the district provides for and encourages compact centers for retail sales
and services by grouping businesses into patterns of workable relationships that
complement each other. The district is designed to be easily accessible to users. It
excludes highway oriented and other high traffic volume businesses that would tend to
disrupt the cohesiveness of the shopping center or its circulation patterns and shared
parking arrangements.
(c) Permitted uses. No structure or land shall be used except for the following uses:
(1) Auto parts and accessory stores.
(2) Apparel and accessory stores.
(3) Beauty shops and barbershops.
(4) Bowling alleys.
(5) Coin and philatelic (stamp) stores.
(6) Commercial art services.
(7) Commercial photography services.
(8) Computer programming and data processing services.
(9) Dance studios, schools and halls.
(10) Eating establishments.
(11) Financial institutions and insurance establishments with hours open to the public no
earlier than 8:00 a.m. and no later than 6:00 p.m. An automatic teller machine may
operate 24 hours a day.
(12) Food stores, excluding the outdoor sales of produce, meat and seafood.
(13) Garment pressing, and agents for laundries and dry cleaners.
(14) Hardware stores.
(15) Health services, offices and clinics.
(16) Home furnishing, appliance and equipment stores.
(17) Laundry and garment services.
(18) Laundromats - self serve.
(19) Mailing services.
(20) Miscellaneous retail establishments, including antique stores but excluding fuel
dealers and gun shops.
(21) Motion picture theaters.
(22) Offices, business and professional.
(23) Office supply and art supply stores, retail.
(24) Paint, glass and wallpaper stores, retail.
(25) Personal service establishments as follows: tax return preparation services, diet
centers, costume and dress suit rental stores, photograph services.
(26) Photographic studios, portrait.
(27) Physical fitness facilities.
(28) Precious metal dealers with a precious metal dealer license.
(29) Photocopying and duplicating shops, provided not more than six employees are
employed on the premises at one time.
(30) Public and essential service uses.
(31) Schools and studios for art, music and interior design.
(32) Secretarial and stenographic services.
(33) Tanning salons.
(34) Therapeutic massage enterprise.
(35) Video rental stores.
(d) Conditional uses. The following uses are permitted subject to the issuance of a CUP:
(1) Animal grooming and pet stores provided there shall be no boarding of animals on the
site.
(2) Basement storage of goods not sold on the premises provided that the space is
completely finished and ready for use, is sprinkled, has elevator access, provides two
pedestrian accesses, has an existing loading dock or area that does not conflict with
adjacent residential areas or entry to businesses and is approved by the city fire marshal.
(3) Car washes which are accessory to the principal use and meet the requirements for
service stations, section 113-383.
(4) Adult, child care and nursery schoolDay care facilities centers subject to licensing by
the state.
(5) Charitable gambling establishments as a principal use in accordance with the city's
licensing requirements, section 30-4.
(6) Custom manufacturing of handmade goods that are sold on the premises provided the
manufacturing operation is incidental to a retail operation.
(7) Drinking establishments, bars and taverns, subject to the city's licensing requirements,
chapter 6, article II of this Code.
(8) Gun shops are a conditional use on the northwest corner of Snelling and Larpenteur as
long as the following conditions exist:
a. A minimum of 1,000 feet from any residential zone except for a minimum of 150
feet from any residential zone when the residential zone is buffered by a separate
commercial facility.
b. A minimum of 750 feet from any park.
c. A minimum of 1,000 feet from any public or private preschool, elementary or
secondary school or church.
(9) Hotels and motels by PUD.
(10) Motor fuel or service stations subject to the design and performance standards as
specified in section 113-383.
(11) Multifamily housing by PUD.
(12) Satellite communications dishes as an accessory use.
(13) Secondhand goods store, as defined in this chapter.
(14) Veterinary clinics with no boarding of animals on the site and no external runs.
(e) Permitted accessory uses.
(1) Any accessory use permitted in section 113-177(e).
(2) Limited repair and service operations which are incidental to a principal use.
(3) One pool table per 2,000 square feet of area excluding area devoted to bowling lanes
and one video or electronic game per 300 square feet of area excluding area devoted to
bowling lanes are permitted accessory uses to a bowling alley.
(4) The limited sale of used merchandise is allowed as an accessory use, but only if the
following conditions are met:
a. The sale of used merchandise must be clearly incidental to the sale of new
merchandise of the same general type.
b. The used merchandise which is sold on the premises must be acquired by the
owner of the principal use only on a "trade-in" basis from customers trading in used
merchandise at the time they purchase new merchandise of the same general type.
c. The portion of used merchandise on the premises may not, at any time, occupy
more than ten percent of the sales area of the premises.
(f) Other requirements. All uses shall, in addition to all other requirements, apply the
following standards:
(1) No bars on doors or windows during business hours.
(2) No automatic interior or exterior security lock doors that require request for entry or
exit during business hours.
(3) No exterior storage of merchandise.
(4) No exterior sales of merchandise except twice a year for three days at a time as a
sidewalk sale.
(g) Building height and yard requirements.
(1) Maximum principal building height is three stories or 35 feet, except as provided for
in section 113-243. Accessory buildings are subject to section 113-240(f).
(2) Minimum building yard requirements:
a. Front, 30 feet.
b. Side, 20 feet, but 30 feet if abutting a street and 40 feet if abutting an R district. No
side yard shall be required for a party wall subject to section 113-241.
c. Rear, 20 feet, but ten feet if abutting an alley.
d. Maximum lot coverage, 75 percent. This requirement shall only apply to sites that
abut an R district to provide sufficient land area for buffering, landscaping and
screening. Coverage may be increased by the city if a permanent screen or buffer,
other than a wooden fence, is constructed which provides 100 percent yearround
opacity for adjacent residential areas after approval by the city council and review
by the planning commission.
(Code 1993, § 9-10.01; Ord. No. 0-89-2, 1-11-1989; Ord. No. 0-91-8, § 1, 5-22-1991; Ord. No.
0-93-07, § 3, 7-28-1993; Ord. No. 0-94-05, § 4, 3-23-1994; Ord. No. 0-95-01, §§ 3, 4, 5-10-
1995; Ord. No. 97-03, § 1, 6-25-1997; Ord. No. 0-99-09, § 8, 12-15-1999; Ord. No. 00-02, §§ 6,
7, 9, 7-26-2000; Ord. No. 06-03, § 4, 9-13-2006; Ord. No. 19-01, § 3, 1-9-2019)
Sec. 113-180 - Public land (P-1)
(a) Scope. The provisions of this section apply to public land.
(b) Generally. All public (city, state, school district, state fair, University of Minnesota, and
other) land owned and operated for public purposes is zoned for what may be the most
appropriate private use should the land be sold, leased, or otherwise transferred from public
ownership and/or use.
(c) Allowed uses. The "public land" overlay district is in addition to and not in lieu of the
regular or original zoning district applied on the zoning map with the following uses
(1) Private use of land. Designate land areas that, if sold or otherwise made available for
private use, the city council shall determine, after public hearing, the permanent zoning.
No private building or occupancy permits shall be issued until said determination is
made by the city council.
(2) University of Minnesota. University of Minnesota uses permitted shall be those
indicated on the official campus plan of the university and placed on file with the city.
The city shall be given not less than 30 days notice of any construction, change in use,
or other land use activity affecting the community environment including impact upon
city facilities, services, and road system.
(3) State fair. This district also applies to lands utilized for buildings, structures, and
activities of the Minnesota state fair or the various states of the United States of
America. Permitted uses shall include yearround activities such as recreation and others
not directly associated with normal and commonly known "state fair" activities and
purposes as approved by the city council; such uses may include tennis courts, play
fields, picnic areas, and others intended for local community and/or general public use.
All uses shall be in accordance with a state fair development and operations plan on file
with the city. The city shall be given not less than 30 days notice of any new
development, construction, or change in use on any portion of the state fair property
affecting city services, facilities and road system.
(4) Official public plans. School district, city, and other public lands to be developed and
used in accordance with official public plans on file with the city.
(5) Signs. All signs visible from a public right-of-way (road, street, highway) and located
or proposed for location on public land shall be considered as a structure to be included
on plans by the university, fairgrounds, and school districts subject to review by the
city.
(Code 1993, § 9-11.01)
Sec. 113-181 - R-4 high density multiple-family residential district-apartment buildings
(a) Scope. The provisions of this section apply to the R-4 high density multiple-family
residential district.
(b) Permitted uses. All permitted uses in the R-2 district.
(c) Conditional uses. No structure or land shall be used for the following uses except by
conditional use permit:
(1) Any conditional use permitted in the R-1 and R-2 districts.
(2) Conversion or enlargement of existing homes to accommodate one-, two-, three- or
four-dwelling units.
(3) Large group homes as defined in this chapter.
(4) Townhouses. See performance standards as permitted in article VI, division 3 of this
chapter.
(5) Buildings containing three or more dwelling units not exceeding 28 dwelling units per
acre. A maximum of 40 dwelling units per acre are allowed if:
a. At least 80 percent of the required parking spaces are below grade and integrated
into the apartment building; and
b. The property abuts Larpenteur or Snelling Avenue; and
c. The property does not abut property zoned R-1.
(d) Permitted accessory uses. The following uses shall be permitted accessory uses:
(1) All accessory uses as permitted in the R-1, R-2 districts.
(2) Conversion or enlargement as required by terms of a conditional use permit.
(3) All accessory uses as permitted in the R-1 and R-2 districts except that the keeping of
chickens and bees, as regulated by the Code, is only allowed as accessory to a single-
family or two-family home.
(e) Lot area, height, lot width and yard requirements.
(1) See performance standards as permitted in article VI, division 3 of this chapter (or as
required by conditional use permit).
(2) No structure or building shall exceed three stories, or 30 feet, whichever is lesser in
height, except as provided in section 113-243.
(3) A side yard abutting on a street shall not be less than 30 feet in width, and when a side
yard of a multifamily structure abuts a single-family residence, the side yard shall not
be less than 20 feet.
(4) The following minimum requirements shall be observed subject to additional
requirements except as a modification set forth in this section and section 113-241:
Lot Area Lot
Width
Front
Yard Side Yard Rear
Yard
12,500 sq.
ft. 90 feet 30 feet 10 feet or ½ the height of the building, whichever
is greater 30 feet
*Lot area for single-family residence may be reduced to 10,000 square feet.
(Ord. No. 10-06, § 4, 9-8-2010; Ord. No. 13-04, § 3, 7-24-2013; Ord. No. 20-05, § 3, 10-14-
2020)
Sec. 113-182 - R-5M mixed use high density residential district
(a) Scope. The provisions of this section apply to the R-5M mixed use high density residential
district.
(b) Purpose and intent. The purpose of the mixed use high density residential district is to
provide high density, primarily apartment style, rental and condominium housing with
limited commercial uses within the same structure. The intent of the district is to meet or
exceed the city's comprehensive plan density goal of 28 residential units per acre.
(c) Permitted uses.
(1) Apartment buildings with a maximum of 40 dwelling units per acre.
(2) Permitted uses in the B-2 zoning district.
(3) State licensed residential facilities serving from seven through 16 persons.
(4) State licensed day care facilities centers serving from 13 to 16 persons.
(d) Conditional uses.
(1) Conditional uses in the B-2 zoning district.
(2) Public parks and playgrounds.
(3) Municipal buildings and structures.
(4) Essential service structures.
(e) Interim uses. Farmers' markets that meet the following criteria: Operate no more than one
day per week; site includes not less than 284 parking spaces for customers of the market;
market may not operate before 6:30 a.m. or after 8:00 p.m.; a managing agent must be
named who is responsible for the conduct of the vendors in compliance with the conditions
of the interim use permit.
(f) Permitted accessory uses.
(1) Off-street parking and loading, signs, fences, and decorative landscape features as
regulated herein.
(2) Temporary construction buildings.
(3) Accessory uses in the B-2 zoning district.
(g) Lot area, height, lot width, and yard requirements.
(1) The following minimum requirements shall be observed subject to additional
requirements except as modified in this section and in section 113-241:
Lot
Area
Lot
Width
Front
Yard Side Yard Rear
Yard
2.5
acres 200 feet 30 feet 10 feet or ½ the height of the building, whichever is
greater 30 feet
(2) The required setback from a lot line abutting property zoned R-1 is 50 feet.
(3) If there is a commercial use on the first floor, the required setback from a lot line
abutting Larpenteur Avenue or Snelling Avenue is 15 feet.
(4) Except as provided in section 113-243, the maximum height is four stories or 40 feet,
whichever is less.
(Ord. No. 10-06, § 5, 9-8-2010)
Secs. 113-183 – 113-198 - Reserved
ARTICLE V - PLANNED UNIT DEVELOPMENT (PUD)
Sec. 113-199 - Purpose
The planned unit development district is intended to permit flexibility of site design, the
conservation of land and open space through clustering of buildings and activities, and an
incentive to developers to plan creatively by providing density bonuses. This flexibility can be
achieved by allowing deviations from standards including setbacks, heights and similar
regulations. PUDs are characterized by central management, integrated planning and
architecture, joint or common use of parking, open space and other facilities, and a harmonious
selection and efficient distribution of uses.
(Code 1993, § 9-16.01)
Sec. 113-200 - Required use
PUD zoning is required for all developments having two or more principal uses or structures
on a single parcel of land and may include townhouses, apartment projects involving more than
one building, residential subdivisions, multi-use structures such as an apartment building with
retail at ground floor level, commercial developments, mixed residential and commercial
developments, and similar projects.
(Code 1993, § 9-16.02)
Sec. 113-201 - General requirements and standards
(a) Comprehensive plan/Code consistency. A PUD must be consistent with the city
comprehensive plan and the intent and purpose of the city Code provisions relative to land
use, subdivision and development.
(b) Operating and maintenance requirements for PUD common open space/facilities.
Whenever joint common open space or service facilities for individual owners or users are
provided within the PUD, the PUD plan shall provide reasonable assurance of adequate
operation and maintenance of such open space and service facilities.
(c) Staging of public and common open space. When a PUD provides for common or public
open space, the total area of common or public open space or security in any stage of
development, shall, at a minimum, bear the same relationship to the total open space to be
provided in the entire PUD as the stages or units completed or under development bear to
the entire PUD.
(d) Development stages. Whenever any PUD is to be developed in stages, no such stage shall,
when averaged with all previously completed stages, have a residential density that exceeds
125 percent of the proposed residential density of the entire PUD.
(e) Urban development and availability of public services. All development shall be carefully
phased so as to ensure that it will not cause an unreasonable burden upon the city in
providing services and utilities or cause a deleterious impact upon the natural environment.
(Code 1993, § 9-16.03)
Sec. 113-202 - Permitted uses and standards
The permitted uses, standards, and development plan shall be set forth in the ordinance
rezoning the property to PUD.
(Code 1993, § 9-16.04)
Sec. 113-203 - Procedure for processing a planned unit development
(a) Approval process. Planned unit developments may be permitted in the legislative
discretion of the city council. The application and hearing process for planned unit
developments will be as required for other zoning chapter amendments.
(b) Preapplication conference. Before filing an application for PUD, the applicant of the
proposed PUD shall arrange for and attend a conference with the city administrator. The
primary purpose of the conference shall be to provide the applicant with an opportunity to
gather information and obtain guidance as to the general suitability of his or her proposal for
the area for which it is proposed and its conformity to the provisions of this chapter before
incurring substantial expense in the preparation of plans, surveys and other data.
(c) Application information. An applicant shall submit a completed application form furnished
by the city, together with the following information:
(1) Drawings in schematic form containing the following:
a. The location, size of site and the proposed uses of the land to be developed.
b. The density of land use to be allocated to the several parts of the site to be
developed.
c. The location and size of all useable open space and the form of organization to
own and maintain such space.
d. The use, height, bulk and approximate location of buildings and other structures.
e. The plans for the distribution of sanitary wastes, stormwater, and the provisions of
other utilities.
f. The plans for parking of vehicles and the location and width of proposed streets,
curbs, gutter and landscaping.
g. A schedule showing the proposed times within which application for final approval
of all sections of the planned unit development are intended to be filed.
(2) A written statement must include the following:
a. A narrative explanation of the general character of the planned unit development,
its integration with the surrounding land uses and justification of any requested
density bonuses.
b. A statement identifying the final ownership and describing maintenance of all parts
of the development including streets, structures and useable open space.
c. The total anticipated population of the planned unit development, with breakdowns
as to the estimated number of school age children, adults and families.
(3) The following exhibits:
a. Abstractor's certified property certificate showing the names and addresses of
property owners within 350 feet of the outer boundaries of the property.
b. Location map showing property in relation to the city as a whole and to the city's
primary elements such as thoroughfares, schools, parks and shopping areas.
c. A legal description of the property including approximate total acreage.
d. Boundary survey prepared by a registered surveyor of the property and 100 feet
beyond showing:
1. Existing property lines and dimensions.
2. Ownership of all parcels.
3. Platting and easements.
4. Street and railroad rights-of-way.
5. Buildings.
6. Utility lines and facilities.
e. A topographic map prepared by a registered civil engineer or registered land
surveyor covering the entire tract proposed for development which contains the
following information:
1. Contour lines at no more than foot intervals.
2. Hydrologic information including drainage patterns, wetlands, and land
subject to periodic flooding.
3. Soil and subsoil conditions.
4. Vegetation including classification of tree cover by species.
f. Any other material requested by the city council, planning commission or city staff.
(Code 1993, § 9-16.05)
Sec. 113-204 - Coordination with subdivision approval
If development of the PUD requires subdivision approval, the PUD and subdivision shall be
processed concurrently.
(Code 1993, § 9-16.06)
Sec. 113-205 - Development contract
The city and the developer shall enter into a development contract setting forth any
improvements required to be undertaken by the developer. This contract may be combined with
the development contract required for subdivision approval.
(Code 1993, § 9-16.07)
Sec. 113-206 - Rezoning
If approved by the city council, the property shall be rezoned PUD in accordance with the
terms of approval. If a concurrent plat application is being processed, PUD rezoning shall be
concurrent with final plat approval.
(Code 1993, § 9-16.08)
Sec. 113-207 - Control of planned unit development following completion
(a) Modification of structures. After the certificate of occupancy has been issued, the use of
the land and the construction, modification or alteration of any buildings or structures within
the planned development shall be governed by the final development plan.
(b) Changes in final development plan. After the certificate of occupancy has been issued, no
changes shall be made in the approved final development plan except upon application as
provided below:
(1) Any minor extensions, alterations or modifications of existing buildings or structures
may be authorized by the planning commission if they are consistent with the purposes
and intent of the final plan. No change authorized by this section may increase the
volume of any building or structure by more than ten percent.
(2) Any building or structure that is totally or substantially destroyed may be
reconstructed only in compliance with the final development plan unless an amendment
to the final development plan is approved.
(3) Changes in the use of common open space or any other substantial changes in the final
development plan may be authorized by an amendment to the final development plan.
(Code 1993, § 9-16.09)
Sec. 113-208 - Amendment of plan
Any substantial changes in the final development plan, including but not limited to changes
in land use, increases in development density or intensity or changes in the provisions for
common open spaces shall require a PUD amendment. The amendment process for planned unit
developments shall be the same as that for all other amendments to this chapter. (See section
113-35.)
(Code 1993, § 9-16.10)
Sec. 113-209 – Expiration of plan
If no construction has begun in the planned unit development within 12 months from the
date of approval of the planned unit development, such approval shall lapse and be of no further
effect. The city administrator or the administrator’s designee may, upon written request and
showing of good cause by the developer, extend the time for beginning construction for one
additional period of 12 months.
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Sec. 113-21009 - Urban farm planned unit development district
(a) Legal description. The legal description of this PUD is lots 1 and 2, block 1, Urban Farm
Project Addition.
(b) Purpose. The purpose of the urban farm PUD district is to provide for the mixed uses of an
urban farm and an apartment building.
(c) Scope. The provisions of this section apply to the urban farm planned unit development.
(d) Permitted uses. The following uses are permitted subject to the development plan for the
PUD, subsection 113-209(f), and the standards and requirements of the R-5M zoning
district, except as modified herein:
(1) On lot 1, block 1, an urban farm. At least 21 paved parking spaces must be maintained
next to the main building adjacent to Larpenteur Avenue, as well as at least 24 overflow
parking stalls. The urban farm may have up to:
976 square feet of retail space;
2,201 square feet of office/training/kitchen space;
8,580 square feet of distribution/warehouse space;
849 square feet of greenhouse space; and
576 square feet of yard storage building space.
(2) On lot 2, block 1, a 68-unit apartment building with at least 68 parking spaces. At least
54 of the required parking spaces must be below grade and integrated into the apartment
building. The site may have up to:
60,537 square feet of residential living space;
Four stories with underground parking; and
Private access easement between lot 1 and lot 2 to be recorded into the property record
of both parcels.
(e) Permitted accessory uses.
(1) On lots 1 and 2, block 1, the accessory uses in the R-5M zoning district;
(2) On lot 1, block 1, seasonal hoop houses for growing vegetables.
(f) Development plan. The PUD must be maintained in accordance with the following
development plan which is on file with the city and which is incorporated herein by
reference:
(1) Urban farm project addition plat;
(2) Topographic survey and grading, drainage and utility plan prepared by Jacobson
Engineers & Surveyors dated July 28, 2014;
(3) The following prepared by LHB for lot 1, block 1:
Architectural site plan w/landscape layout dated August 18, 2014;
First floor plan dated August 18, 2014;
Yard storage building - Color option 1 dated July 28, 2014 or yard storage building -
Color option 2 dated August 18, 2014;
Exterior elevations - Color option 1 dated August 18, 2014 or exterior elevations -
Color option 2 dated July ***. 28, 2014.
(4) The following plans prepared by Kelly Brothers, Ltd and their contractors/partners for
lot 2, block 1 with up to a five percent variance as approved by the city administrator:
a. Development plans, dated October 31, 2018 including;
• Grading plan
• Drainage plan
• Utility plan
• Floor plans
• Elevations
• Operations and maintenance plan
b. Development plans, dated September 3, 2020 including:
• Site plan
• Landscape plan
(Ord. No. 13-02, § 2, 5-22-2013; Ord. No. 14-02, § 1, 9-10-2014; Ord. No. 17-01, § 1, 6-14-
2017; Ord. No. 18-10, § 1, 11-14-2018; Ord. No. 20-06, § 1, 10-14-2022)
Sec. 113-2110 - South 215.125 feet of lot 1, block 1, Lindig Addition planned unit development
(a) Legal description. The South 215.125 feet of Lot 1, Block 1, Lindig Addition, Ramsey
County Minnesota.
(b) Zoning Regulations. The R-4, Medium Density Multiple-family Residential District
regulations shall apply to the Property subject to the following modifications:
(1) The only permitted use is one residential building with three dwelling units.
(2) No conditional uses.
(3) The building may not exceed two stories or 32 feet in height.
(4) Site plan, survey, parking, and landscape plan prepared by Lot Surveys Company Inc.
dated June 11, 2009 on file with the City Clerk.
(5) Setbacks as depicted on the Site Plan.
(6) Design Development plan and elevations prepared by Gaetz Architects dated August
31, 2009 on file with the City Clerk.
(7) The Site Plan, survey, parking, and landscape plan together with the Design
Development Plan and elevations are the Final Development Plan.
(Ord. No. 19-03, 3-27-2019)
Sec. 113-2121 - Amber Union planned unit development
(a) Legal description. The legal description of this PUD is the North Half of the Northeast
Quarter of the Northeast Quarter of the Northeast Quarter, in section 21, township 29, range
23, Ramsey County, Minnesota, except that part taken for Snelling and Larpenteur Avenues.
(b) Purpose. The purpose of the Amber Union planned unit development is to provide for the
mixed uses of multi-family apartments and a retail space.
(c) Permitted uses and zoning regulations. The R5-M mixed use high density residential
district regulations shall apply to the property subject to the following modifications:
(1) Permitted uses: One principal structure consisting of 111,640 square feet and 89
apartment units and one principal structure consisting of 59,195 square feet, 39
apartment units, and one retail space.
(2) No conditional uses.
(3) No interim uses.
(4) Setbacks as depicted in the site plan dated September 23, 2019 prepared by Kimley
Horn and Mohagen Hansen.
(d) Parking. Vehicle parking shall be as follows:
(1) 108 parking stalls as depicted on the Site Plan dated September 23, 2019 prepared by
Kimley Horn.
(2) 41 parking stalls as depicted on Exhibit A (Parking Easement) dated [inset date]
prepared by Buhl GTA, recorded at Ramsey County as document number [insert
number].
(3) 10 parking stalls as depicted on Exhibit B dated (Encroachment Agreement) [insert
date] prepared by the City of Falcon Heights, recorded at Ramsey County as document
number [insert number].
(4) At no time shall there be less than 149 parking stalls dedicated to the permitted uses
of the Amber Union Planned Unit Development. A different arrangement of parking is
subject to approval by the city administrator.
(e) Development plan. The PUD must be maintained in accordance with the following
development plan, which is on file with the city and which is incorporated herein by
reference.
(1) The following plans prepared by Buhl GTA, LP and their contractors/partners with up
to five percent variance as approved by the city administrator:
a. Site development plans, dated September 23, 2019 prepared by Kimley Horn and
Mohagen Hansen including:
1. Demo plan.
2. Erosion and sediment control plan.
3. Site plan.
4. Grading plan.
5. Storm sewer plan.
6. Utility plan.
7. Security plan.
b. Security Plan, dated May 6, 2019 prepared by Kimley Horn and Mohagen Hansen
c. Landscaping plans, dated July 15, 2019 prepared by Damon Farber.
1. Tree protection plan.
2. Landscape plan.
d. Floor plans, dated September 23, 2019 prepared by Mohagen Hansen.
(Ord. No. 19-05, § 1, 6-12-2019; Ord. No. 19-07, § 1, 10-23-2019)
Sec. 113-2132 – Amber Flats planned unit development
(a) Legal description. The legal description of this PUD is as follows:
PID 212923110029: The East 250 feet of the North 500 feet except the West 150 feet of
the East 160 feet of the North 283 feet of the Northwest quarter of the Northeast quarter
of the Northeast quarter of Section 21, Township 29, Range 23, West of the Fourth
Principal Meridian;
PID 212923110038: The West 150 feet of the East 160 feet of the North 283 feet of the
Northwest quarter of the Northeast quarter of the Northeast quarter of Section 21,
Township 29, Range 23, West of the Fourth Principal Meridian.
(“Subject Property”)
(b) Purpose. The purpose of the Amber Flats Planned Unit Development is to provide for
multi-family apartments.
(c) Permitted uses and zoning regulations. The R-5M mixed use high density residential
district regulations shall apply to the property subject to the following modifications:
a. Permitted uses:
1.One principal structure consisting of 117,000 square feet and 96 apartment
units.
2.No conditional uses.
3.No interim uses.
4.Setbacks as depicted in the Architectural Site Plan dated October 16, 2023
prepared by UrbanWorks Architecture, LLC.
b. Parking. Vehicle parking shall be as follows:
1.55 surface parking stalls as depicted in the Architectural Site Plan dated
October 16, 2023 prepared by UrbanWorks Architecture, LLC.
2.66 sublevel parking stalls as depicted in the Sublevel 1 - Overall Plan
dated October 16, 2023 prepared by UrbanWorks Architecture, LLC.
(d) Development plan. The PUD must be maintained in accordance with the following
development plan, which is on file with the city and which is incorporated herein by
reference.
(1) The following plans prepared by UrbanWorks Architecture, LLC with up to five
percent variance to not increase nonconformities from City Code, as approved by
the city administrator:
a. Site development plans, dated October 16, 2023, prepared by UrbanWorks
Architecture, LLC including:
1.Site demolition plan.
2.Erosion and sediment control plan.
3.Site dimension plan.
4.Grading and drainage plan.
5.Utility plan.
6.Architectural site plan, including overall, sublevel 1, level 1, level 2.
7.Building elevations.
(e) Additional conditions. The PUD must be maintained in accordance with the following
additional conditions.
(1) Trees shall be planted and/or maintained along Larpenteur Avenue and
Underwood Street as shown in plans submitted by UrbanWorks Architecture,
LLC, dated October 16, 2023.
(2) Snow storage may not be stored in any parking area for more than 48 hours.
(3) Open space as shown on plans submitted by UrbanWorks Architecture, LLC,
dated October 16, 2023, may not be converted into additional parking.
(4) Charging stations for not less than four electric vehicles must be provided on site.
Secs. 113-2143 – 113-239 - Reserved
ARTICLE VI - SUPPLEMENTAL DISTRICT REGULATIONS
DIVISION 1 - GENERALLY
Sec. 113-240 - Accessory buildings and structures
(a) Time of construction. No accessory building shall be constructed on a lot prior to the time
of construction of the principal building or land use to which it is accessory.
(b) Proximity to principal building. An accessory building shall be considered as an integral
part of the principal building if it is located less than 12 feet from the principal building with
respect to firewall and other requirements of the building code.
(c) Garage restrictions. Garages in a residential district must be set back at least five feet from
an interior side or rear lot line unless:
(1) The garage meets all of the following:
a. Is located on an alley, and is accessed from the alley or from a public street
abutting an alley on a corner lot;
b. Is located in the rear 28 feet of the lot; and
c. Is oriented such that the vehicular access door is perpendicular to the alley; or
(2) The garage meets all of the following:
a. Is detached from the principal structure;
b. Is accessed from a driveway off of a public street, not an alley;
c. Is replacing an existing garage that is located less than five feet from the side lot
line; and
d. Is located a minimum of five feet to the rear of the principal structure on the
nearest adjoining property that is closed to the garage; or is located at least ten feet
from any portion of the principal structure on the nearest adjoining property; or
(3) The garage meets all of the following:
a. Is detached from the principal structure;
b. Is accessed off an alley;
c. Is replacing an existing garage that is located less than five feet from the side lot
line; and
d. Is located in the rear 30 feet of the lot.
(d) Garage locations; conditional.
(1) If all the conditions of subsection (c)(1) of this section are met, the garage can be
located not less than one foot from an interior side or rear lot line.
(2) If all of the conditions of subsection (c)(2) of this section are met, the garage can be
located at the same side yard setback as the existing garage that is being replaced,
except that the new garage shall not be located less than two feet from the side lot line.
The replacement garage does not have to be in the same location as the existing garage.
(3) If all of the conditions of subsection (c)(3) of this section are met, the replacement
garage can be located at the same side yard setback as the existing garage, except the
garage shall not be located less than two feet from the side lot line.
(e) Yard setbacks; building locations. The corner side yard setback for accessory buildings,
including garages and accessory dwelling units, shall adhere to the setback requirement for
principal buildings as described in section 113-174(e)(2) (20 percent of the lot width). The
rear yard and interior side yard setbacks shall be those required for garages and accessory
buildings on interior lots. Lots smaller than 75 feet wide shall have a minimum corner side
yard setback requirement of not less than fifteen feet. Garages on these lots may be located
closer than 15 feet from the corner side lot line if the vehicular access door does not face the
side street. In no case shall a garage or other accessory building be located within the corner
side yard.
(f) Height limitations. No accessory building in a residential district shall exceed the height of
the principal building. No detached garage in a residential district shall exceed 15 feet in
height, unless it contains an accessory dwelling unit. A detached garage containing an
accessory dwelling unit may not exceed two stories or 25 feet in height, whichever is lesser
in height.
(g) Building location in certain districts. Accessory buildings in the business and industry
districts shall be located any place to the rear of the principal building, subject to the
building code, and the fire zone regulations.
(h) Prohibited location. No detached garages or other accessory buildings shall be located
nearer to the front lot line than the principal building on that lot with the exception of an
attached garage in an R-1 zone.
(i) Height limitation in certain districts. No accessory building in a business or industrial
district shall exceed the height of the principal building except by conditional use permit.
(j) Yard setbacks and building location in certain districts. An accessory building in the
business or industrial districts may be located within the rear yard setback, provided that the
lot is not a through lot and said accessory building does not occupy more than 25 percent of
the required rear yard. An accessory building shall be a part of the principal building if it is
located less than 12 feet from the principal building. No accessory building shall be located
less than ten feet from a rear lot line.
(k) Standards for utility structures. Utility structures and other similar buildings shall conform
to the following standards in residential districts:
(1) All structures 120 square feet or larger shall require a building permit.
(2) All such structures shall be secure from wind displacement.
(3) The area of such buildings shall not be less than 35 square feet. Only one such
building shall be permitted per lot and permitted only within the single-family districts.
(4) The height of detached utility structures shall not exceed 12 feet. If attached, the
structure shall not exceed the height of the principal building.
(5) Exterior colors or materials matching the principal structure or earthen tones shall be
utilized. No door or other access opening in a utility structure shall exceed 28 square
feet in area.
(l) Compost structure requirements. One accessory structure for compost not to cover more
than 25 square feet in area and five feet in height in the rear yard. A compost structure must
meet the setback requirements in section 113-240(e).
(m) Garage conversion requirements. When an attached garage is converted to dwelling
space, a replacement garage of the same or greater size must be constructed on the property.
Furthermore, the existing driveway leading to the converted garage must be replaced with
grass or approved landscaping materials unless the driveway provides access to the new
garage. The curb cut provided to such a driveway may be removed by the city in the event
the street curbs and gutters are rebuilt.
(n) Street access for alley property. No property located on an alley shall be permitted a new
curb cut for street access.
(o) Prohibited use. No accessory building or structure shall be used for living purposes or as a
dwelling unit, unless it is considered an accessory dwelling unit as defined and regulated
herein.
(p) Detached accessory building conditions. Detached accessory buildings shall not occupy
more than 40 percent of the area of a required rear yard, and shall not exceed a total of 1,000
square feet.
(q) Minimum distance between buildings. The minimum distance between the principal
building and an unattached accessory building shall be five feet.
(r) Minimum setback. The minimum setback from the rear lot line of a through lot shall be 30
feet.
(s) Tents. A tent is not an approved accessory building and may not be used as a dwelling unit
on any lot.
(t) Detached garage condition. Detached garages in a residential district must be located
entirely within the rear 30 feet of the lot if there is an adjacent alley.
(u) Accessory dwelling units. Accessory dwelling units shall conform to the following
standards where allowed as a permitted accessory use:
(1) An accessory dwelling unit shall be located on a lot occupied by a single-family
dwelling.
(2) No more than one accessory dwelling unit shall be allowed on a lot.
(3) Either the principal dwelling unit or the accessory dwelling unit shall be owner-
occupied and both dwelling units shall be under unified ownership. The accessory
dwelling unit may not be sold independently of the principal dwelling unit and may not
be a separate tax parcel.
(4) An accessory dwelling unit may be attached to, detached from, or internal to a single
dwelling unit building. Accessory dwelling units attached or internal to a single
dwelling unit building must be fully separated from the principal dwelling unit by
means of a wall or floor and have a separate entrance than the principal dwelling unit.
The separating wall may have a door connecting the accessory dwelling unit to the
principal dwelling unit.
(5) Only one unit, either the accessory dwelling unit or principal dwelling unit, may be
rented at one time. For the purposes of this provision, a “rented” accessory dwelling
unit is one that is being occupied by a person or persons other than the family
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occupying the principal dwelling unit. Rented accessory dwelling units must comply
with all provisions outlined in chapter 105, article iv.
(6) The accessory dwelling unit must comply with all current Minnesota State Building
Code provisions as they apply to single family dwelling buildings.
(7) Both the accessory dwelling unit and single family residence shall be served by the
same sanitary sewer service, water service and meter, electric service and meter, and
gas service and meter.
(8) An accessory dwelling unit shall be assigned a unique address identifier to
differentiate it from the principal dwelling. All accessory dwelling units shall be
identified by “Unit A” following the primary property address. It shall be the
responsibility of the property owner to inform the United States Postal Service (USPS)
of the new address.
(9) A detached accessory dwelling unit may be located above a detached garage or within
a separate, existing or newly constructed, accessory building meeting the standards for
accessory buildings established in this section.
(10) Home occupations meeting the definitions and requirements of section 113-391 are
permitted in accessory dwelling units.
(11) Dimensional standards for all accessory dwelling units shall conform to the following
guidelines:
a. The maximum height of an accessory dwelling unit shall meet the requirements
as set forth in section 113-240(f).
b. An accessory dwelling unit shall include at least 250 square feet of living area,
up to a maximum of 1000 square feet of living area, but in no case shall an
accessory dwelling unit exceed 75% of the principal dwelling’s four-season
living area (exclusive of the accessory dwelling unit). For the purposes of this
provision, “living area” shall include kitchen areas, bathrooms, living rooms,
bedrooms (including the closet with defines the bedroom), and other rooms, and
shall exclude utility rooms, hallways, entryways, storage areas, and garages.
c. An accessory dwelling unit shall not occupy more than 40 percent of the area of
a required rear yard.
d. An accessory dwelling unit must meet all setback standards as outlined in
section 113-174.
e. An accessory dwelling unit shall include a maximum of two bedrooms.
f. All accessory dwelling units shall meet the standards for principal buildings;
notwithstanding this requirement, detached accessory dwelling units shall not be
located closer to the front property line than the principal building.
(12) The entryway to a detached accessory dwelling unit shall be connected to a street or
alley frontage with an improved walkway.
(13) An accessory dwelling unit shall be constructed so as to be compatible with the
existing principal dwelling, as well as the surrounding neighborhood in terms of design,
form, height, materials, and landscaping.
(Code 1993, § 9-2.04; Ord. No. 0-89-12, 7-26-1989; Ord. No. 0-89-16, 11-8-1989; Ord. No. 0-
90-1, 1-10-1990; Ord. No. 0-90-8, 8-22-1990; Ord. No. 0-91-13, § 1, 11-27-1991; Ord. No. 0-95-
07, §§ 1—3, 10-11-1995; Ord. No. 0-96-01, § 1, 2-28-1996; Ord. No. 98-04, § 1, 6-24-1998;
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Ord. No. 0-99-10, § 1, 12-15-1999; Ord. No. 01-02, § 1, 10-10-2001; Ord. No. 19-04, § 3, 5-8-
2019)
Sec. 113-241 - Required yards and open spaces
(a) Existing yards. No yards, now or hereafter provided for a building existing on the effective
date of the ordinance from which this chapter is derived shall subsequently be reduced
below, or further reduced if already less than, the minimum yard requirements of this
chapter for equivalent new construction in any zone.
(b) Permitted encroachments on required yards. The following shall be permitted
encroachments into setback and height requirements except as restricted by other sections of
this chapter:
(1) In any yards:
a. Posts, off-street parking, flues, sills, pilasters, lintels, cornices, eaves (up to three
feet), gutters, awnings, open terraces, steps, sidewalks, essential services, stoops, or
similar features provided that they do not extend five feet above the height of the
principal structure or to a distance less than three feet from any lot line;
b. Yard lights and nameplate signs, trees, shrubs, plants;
c. Floodlights or other sources of light illuminating authorized illuminated signs, or
light standards for illuminating parking areas, loading areas, or yard for safety and
security reasons, provided the direct source of light is not visible from the public
right-of-way or adjacent residential property;
d. No deck, uncovered porch, or air conditioner shall be less than five feet from a side
or rear yard line and if in the required front yard area, a variance shall be required;
e. An exposed ramp is a permitted encroachment, provided that a setback of at least
five feet in the side and rear yard is met and the design and materials are approved
by the zoning administrator as being in harmony with the surrounding residential
neighborhood and the documented medical needs of the user;
f. Chimneys, flagpoles and open fire escapes may not extend more than five feet
above the principal structure or three feet from any lot line. Basement egress
window wells may not extend closer than three feet to any lot line.
(2) In side and rear yards:
a. Fences that meet all other provisions of this chapter;
b. Walls and hedges six feet in height or less;
c. Bays not to exceed a depth of three feet or containing an area of more than 30
square feet, fire escapes and basement egress window wells not to exceed a width
of three feet.
(3) On a corner lot, nothing shall be placed or allowed to grow in such a manner as
materially to impede vision between a height of 2½ and ten feet above the centerline
grades of the intersecting streets within a triangular area 30 feet from the intersecting
street right-of-way lines.
(4) In no event shall off-street parking, structures of any type, buildings, or any
impervious surfaces cover more than 75 percent of the lot areas, except for R-1 zoned
land which is regulated by the schedule below:
Lot Area (sq. ft.) Maximum Impervious Lot Coverage
7,370 or less 45%
Over 7,370 to 15,800 3,320 sq. ft. or 30%, whichever is greater
Over 15,800 to 34,000 4,940 sq. ft. or 20%, whichever is greater
Over 34,000 6,800 sq. ft. or 15%, whichever is greater
(5) Porches with open railings which do not have walls, doors, windows or screens and
which do not extend above the roof line of the building to which they are attached may
encroach into the required front yard six feet if they are a minimum 24 feet from any
front lot line. The encroachment into the front yard may not exceed 50 square feet.
(c) Street frontage. All buildable lots must have frontage on and direct access to an improved
public street except for planned unit development in which private streets have been
approved by the city.
(Code 1993, § 9-2.05; Ord. No. 0-96-01, § 2, 2-28-1996; Ord. No. 0-96-05, § 1, 8-14-1996; Ord.
No. 99-05, § 2, 8-25-1999; Ord. No. 03-01, § 1, 1-22-2003; Ord. No. 12-03, § 2, 5-9-2012)
Sec. 113-242 - Fences
Fences may be allowed in any zone and are subject to the following:
(1) All fences shall require a zoning permit in addition to any other required permits.
(2) If a fence is less than seven feet tall, a building permit is not required. If it is over
seven feet, a building permit is required.
(3) Fences in residential districts shall be comprised of chain-link, wood, plastic, or metal,
but shall not be electric, barbed, weaved, or welded wire, except as allowed as a
security arm.
(4) All fences shall be kept in good repair, painted, trimmed and well maintained.
(5) That side of the fence considered to be the face (finished side as opposed to structural
supports) shall face abutting property.
(6) In the event a fence is adjacent to and parallel with the front lot line, side lot line on
the street side of a corner lot, or rear lot line adjacent to and parallel with an alley, such
fence shall be set back at least one foot from the street and alley right-of-way or
property line.
(7) Fences are not allowed in a 30-foot visibility triangle on street corners. This area is
measured beginning at the intersection of the projected property lines of two
intersecting streets, thence 30 feet along one property line, thence diagonally to a point
thirty 30 feet from the point of beginning.
(8) Fences may be permitted along property lines subject to the following:
a. Fences may be placed along property lines provided no physical damage of any
kind results to abutting property.
b. Fences in commercial and industrial districts may be erected on the lot line to a
height of six feet above grade plus two feet for a security arm. The security arm
may be barbed, weaved, or welded wire.
c. Where the property line is not clearly defined, a certificate of survey may be
required by the zoning administrator to establish the property line.
d. Fences located within the side and rear yard nonbuildable setback areas beginning
at the front building line and fences located within the buildable area of a lot shall
not exceed six feet in height from finished grade. Fence posts may extend an
additional six inches.
e. In residential districts, fences along or within the front nonbuildable setback area
shall not exceed 36 inches in height from finished grade. Fence posts may extend
an additional six inches.
(Code 1993, § 9-2.06; Ord. No. 19-02, § 1, 3-13-2019)
Sec. 113-243 - Height limitations
(a) Conditional use permit. Any structural height that exceeds this chapter must have a
conditional use permit.
(b) Exemptions.
(1) Height limitations shall not apply to belfries, cupolas and domes, monuments, public
and public utility facilities, silos, barns, church spires, chimneys, smokestacks,
flagpoles, and parapet walls extending not more than four feet above the limiting height
of the building.
(2) Height limitations shall not apply to rooftop structures such as mechanical equipment,
elevator shaft and equipment enclosures and similar structures, provided said exceptions
do not exceed ten feet in height above the roofline and the area does not exceed 15
percent of the roof area.
(3) Height limitations shall not apply to private T.V. or radio reception antennae
extending more than ten feet above the limiting height of the building except if any
portion of the structure exceeds four feet in diameter and is more than 20 percent
opaque, a conditional use permit shall be required. Any T.V. or radio transmission or
reception device or structure not attached to the principal building shall require a
conditional use permit.
(c) Airport. In all cases, however, no structure shall violate the limits and provisions of the
airport plan of the Metropolitan Development Guide.
(Code 1993, § 9-2.07(1); Ord. No. 0-93-07, § 5, 7-28-1993)
Sec. 113-244 - Telecommunication towers and antennas
(a) Purpose. In order to accommodate the communication needs of residents and businesses
while protecting the public health, safety, and general welfare of the community, the council
finds that these regulations are necessary to:
(1) Maximize the use of existing and approved towers and buildings to accommodate new
personal wireless service antennas in order to reduce the number of new towers
necessary to serve the community;
(2) Ensure antennas and towers are designed, located, and constructed in accordance with
all applicable Code requirements to avoid potential damage to adjacent properties from
failure of the antenna and tower through structural standards and setback requirements;
(3) Require antennas and tower sites to be secured in order to discourage trespassing and
vandalism; and
(4) Require tower equipment to be screened from the view of persons located on
properties contiguous to the site and/or to be camouflaged in a manner to compliment
existing structures to minimize adverse visual effects of antennas and towers.
(b) Permits.
(1) It shall be unlawful for any person, firm, or corporation to erect, construct, place or re-
erect, replace, or make structural repairs to any tower without first making application
for and securing a building permit as provided in this chapter, except as provided in
subsection (b)(3) of this section.
(2) The applicant shall provide a report from a qualified and licensed professional
engineer that demonstrates the tower's compliance with all applicable structural and
electrical standards, including but not limited to the Minnesota State Building Code, and
includes the engineer's certification.
(3) Permits are not required for:
a. Adjustment, repair, or replacement of existing antennas or the elements of an
antenna array affixed to a tower or antenna, provided that adjustment or
replacement does not reduce the safety factor.
b. Routine maintenance (e.g., painting) and other nonstructural-related repairs of
towers.
c. Antennas and/or towers erected temporarily for test purposes, for emergency
communication, or for broadcast remote pick-up operations, provided that all
requirements of subsection (b)(5) of this section are met, with the exception of
subsection (b)(5)i. of this section (regarding corrosive material) which is waived.
Temporary antennas shall be removed within 72 hours following installation,
unless additional time is approved by the building official. Temporary towers
erected for emergency purposes may be exempt from setback requirements of this
article as determined by the building official.
(4) The fee to be paid is that prescribed under building permit fees.
(5) All antennas and towers erected, constructed, or located within the city, including all
necessary wiring, shall comply with the following requirements:
a. All applicable provisions of this chapter.
b. Towers and their antennas shall be certified by a qualified and licensed
professional engineer to conform to the latest structural standards and wind loading
requirements of the Minnesota State Building Code and the electronics industry
association and all other applicable reviewing agencies.
c. With the exception of necessary electric and telephone service and connection lines
approved by the city, no part of any antenna or tower nor any lines, cable,
equipment, or wires or braces in connection with either shall at any time extend
across or over any part of the right-of-way, public street, highway, sidewalk, or
property line.
d. Towers and their antennas shall be designed to conform to accepted electrical
engineering methods and practices and to comply with the provisions of the
National Electrical Code.
e. Antennas which are directly mounted to the ground, or which are mounted in any
other way which would allow an individual to easily make contact with the active
element, shall be shielded or fenced to reduce its shock hazard.
f. All towers shall be constructed to conform to the requirements of the occupational
safety and health administration.
g. All towers shall be reasonably protected against unauthorized climbing.
h. Antennas and towers may only be erected in accordance with applicable zoning
restrictions.
i. Towers shall be constructed of corrosive resistant metal material.
j. Persons responsible for all communication towers and their antennas shall maintain
a general liability insurance policy that provides coverage for any damage to
property or injuries to persons caused by collapse of the tower. Said insurance
policy shall provide coverage on an occurrence basis in an amount no less than
$1,000,000.00.
(c) Inspections; notice of violations. All towers may be inspected at least once each year by an
official of the city to determine compliance with original construction standards. Deviations
from original design for which a permit is obtained constitutes a violation of this section.
Notice of violations shall be sent by registered mail to the owner of the property and the
owner shall have 30 days from the date the notification is issued to make repairs. The owner
shall notify the city that the repairs have been made, and as soon as possible thereafter,
another inspection shall be made and the owner notified of the results.
(d) Height and zoning district restrictions.
(1) Tower height determination. The height of towers shall be determined by measuring
the vertical distance from the tower's point of contact with the ground to the highest
point of the tower, including all antennas or other attachments. When towers are
mounted upon other structures, the combined height of the structure, the tower, the
antenna, and all attachments must meet the height restrictions of this section.
(2) Antenna height determination. Antenna height includes the height of the antenna from
the base of the antenna to the peak and all other attachments.
(3) Height restrictions per zone. Zoning district restrictions and maximum heights for
towers and antennas are as follows:
a. Rooftop antennas ten feet or less in height are a permitted use in all zoning districts
except that commercial antennas are not permitted in an R-1 zone.
b. Towers or antennas no more than 110 feet in height are a permitted use in a P-1/R-
1 zone except on the elementary school property located at 1393 Garden Avenue.
c. Towers or antennas over ten feet in height but no more than 110 feet in height are a
conditional use in P-1 and B-2 zones if the property does not abut R-1 zoned
property.
d. Nonfreestanding towers and nonfreestanding antennas over ten feet in height,
which are attached to a structure over 45 feet in height are a conditional use in all
zoning districts under the following conditions:
1. The tower and antennas are located upon structures allowed as principal or
conditional uses in the underlying zoning district or upon public structures.
2. The tower and antennas are limited to a height of 15 feet projecting above the
structure. The city may permit antenna heights of up to 25 feet above the
structure if the applicant can demonstrate that, by a combination of tower or
antenna design, positioning of the structure or by screening erected or already
in place on the structure, off-site views of the antenna are minimized.
(4) Amateur radio antennas. In accordance with the preemption ruling PRB1 of the
Federal Communications Commission, towers supporting amateur radio antennas that
comply with all other requirements of this section are exempted from the height
limitations of this section, provided that such height is technically necessary to receive
and broadcast amateur radio signals, and does not exceed 70 feet total height.
(e) Site location and setbacks. In residential and business districts towers and antennas must
be located in the rear yard. In all districts, towers and antennas shall conform to each of the
minimum setback requirements:
(1) Towers shall meet the principal structure setbacks of the underlying zoning district
except that towers and antennas must be set back one foot from all property lines for
each foot of tower and/or antenna.
(2) Towers shall not be located between a principal structure and a public street.
(3) A tower or antenna setback may be reduced through a conditional use permit, at the
sole discretion of the city council, to allow the integration of a tower into an existing or
proposed structure such as a church steeple, light pole, public communications tower,
power line support device, or similar structure. The term "integration" may include
replacement of an existing structure to include a personal wireless service provider, but
does not include replication of a structure.
(4) Only one tower shall exist at any one time on any one parcel, unless additional towers
or antennas could be incorporated into existing structures such as a church steeple, light
pole, power line support device, public communications building or other similar
structure.
(f) Lighting. Towers shall not be illuminated by artificial means and shall not display strobe
lights unless such lighting is specifically required by the Federal Aviation Administration or
other federal or state authority for a particular tower. When incorporated into the approved
design of the tower for camouflage purposes, light fixtures used to illuminate ball fields,
parking lots, or similar areas may be attached to the tower.
(g) Signs and advertising. No signage, advertising, or identification of any kind intended to be
visible from the ground or other structures is permitted, except applicable warning and
equipment information signage required by the manufacturer or by federal, state, or local
authorities.
(h) Accessory utility buildings. All utility buildings and structures accessory to a tower shall be
architecturally designed to blend in with the surrounding environment and shall meet the
minimum setback requirements for accessory structures of the underlying zoning district.
Ground-mounted equipment shall be screened from view by suitable vegetation, except
where a design of nonvegetative screening better reflects and complements the architectural
character of the surrounding neighborhood.
(i) Design standards. Proposed or modified towers and antennas shall meet the following
requirements:
(1) Towers and antennas (including antenna cables) shall be designed to blend into the
surrounding environment to the maximum extent possible as determined by the city
through the use of building materials, colors, texture, screening, landscaping, and other
camouflaging architectural treatment, except in instances where the color is dictated by
federal or state authorities such as the Federal Aviation Administration;
(2) Personal wireless service towers shall be of a monopole design unless the city council
determines that an alternative design would better blend in to the surrounding
environment.
(j) Collocation requirement. All personal wireless service towers erected, constructed, or
located within the city shall comply with the following requirements:
(1) A proposal for a new personal wireless service tower shall not be approved unless the
city council finds that the telecommunications equipment planned for the proposed
tower cannot be accommodated on an existing or approved tower or building that is
greater than 60 feet in height, within a one-quarter mile search radius for towers less
than 110 feet in height or a one-half mile search radius for towers equal to or greater
than 110 feet in height of the proposed tower due to one or more of the following
reasons:
a. The planned equipment would exceed the structural capacity of the existing or
approved tower or building as documented by a qualified and licensed professional
engineer, and the existing or approved tower cannot be reinforced, modified, or
replaced to accommodate planned or equivalent equipment at a reasonable cost.
b. Existing or approved towers and buildings within the search radius cannot
accommodate the planned equipment at a height necessary to function reasonably
as documented by a qualified radio frequency engineer.
c. Other unforeseen reasons that make it infeasible to locate the planned
telecommunications equipment upon an existing or approved tower or building.
(2) The applicant must demonstrate that a good faith effort to collocate on existing towers
and structures was made, but an agreement could not be reached.
(3) Any proposed personal wireless service tower shall be designed, structurally,
electrically, and in all respects, to accommodate both the applicant's antennas and
comparable antennas for at least two additional users if the tower is over 90 feet in
height or for at least one additional user if the tower is over 60 feet in height. Towers
must be designed to allow for future rearrangement of antennas upon the tower and to
accept antennas mounted at varying heights.
(k) Antennas mounted on roofs, walls, and existing towers. The placement of commercial
antennas on roofs, walls, and existing towers may be approved by the city, with a
conditional use permit, provided the antennas meet the requirements of this chapter. In
addition to the submittal requirements required elsewhere in this chapter, an application for
a building permit for antennas to be mounted on an existing structure shall be accompanied
by the following information:
(1) A site plan showing the location of the proposed antennas on the structure and
documenting that the request meets the requirements of this chapter;
(2) A building plan showing the construction of the antennas and the proposed method of
attaching them to the existing structure, and documenting that the request meets the
requirements of this chapter;
(3) Certification by a qualified and licensed professional engineer indicating the existing
structure or tower's ability to support the antennas.
(l) Nonconforming existing antennas and towers. Antennas and towers in residential districts
and in existence as of the effective date of the ordinance from which this chapter is derived
that do not conform or comply with this section are subject to the following provisions:
(1) Towers may continue in use for the purpose used and existing as of the effective date
of the ordinance from which this chapter is derived, but may not be replaced or
structurally altered without complying in all respects with this section.
(2) If such towers are subsequently damaged or destroyed due to any reason or cause
whatsoever, the tower may be repaired and restored to its former use, location, and
physical dimensions upon obtaining a building permit for the repair or restoration, but
without otherwise complying with this chapter, provided, however, that if the cost of
repairing the tower to the former use, physical dimensions, and location would be 50
percent or more of the cost of a new tower of like kind and quality, then the tower may
not be repaired or restored except in full compliance with this section.
(m) Abandoned or unused towers or portions of towers. All abandoned or unused towers and
associated facilities shall be removed within 12 months of the cessation of operations at the
site unless a time extension is approved by the city. In the event that a tower is not removed
within 12 months of the cessation of operations at a site, the tower and associated facilities
may be removed by the city and the costs of removal assessed against the property. After the
facilities are removed, the site shall be restored to its original or an improved state.
(n) Interference with public safety telecommunications. No new or existing
telecommunications service shall interfere with public safety telecommunications.
(o) Additional submittal requirements.
(1) In addition to the information required elsewhere in this chapter for an application for
a building permit for towers and their antennas, applications for conditional use permits
for such towers shall include the following supplemental information:
a. A report from a qualified and licensed professional engineer which does the
following:
1. Describes the tower height and design including a cross section and elevation;
2. Documents the height above grade for all potential mounting positions for
collocated antennas and the minimum separation distances between antennas;
3. Describes the tower's capacity, including the number and type of antennas that
it can accommodate; and
b. For all personal wireless service towers, a letter of intent committing the tower
owner and his or her successors to allow the shared use of the tower if an additional
user agrees in writing to meet reasonable terms and conditions for shared use, so
long as there is no negative structural impact upon the tower and there is no
disruption to the service provided.
(2) Before the issuance of a building permit, the following supplemental information shall
be submitted:
a. Confirmation that the proposed tower complies with the requirements of the
Federal Aviation Administration, Federal Communications Commission, and any
appropriate state review authority or that the tower is exempt from those
regulations; and
b. A report from a qualified and licensed professional engineer that demonstrates the
tower's compliance with the applicable structural and electrical, but not radio
frequency, standards.
(p) Exemptions. The following antennas are exempt from the requirements under this section
except as otherwise provided in this subsection:
(1) Satellite earth station antennas no more than ten feet in height that are two meters or
less in diameter and located or proposed to be located in a business district;
(2) Antennas designed to receive signals as follows:
a. Antennas that are one meter or less in diameter and that are designed to receive
direct broadcast satellite service, including direct-to-home satellite services;
b. Antennas that are one meter or less in diameter and that are designed to receive
video programming services via multipoint distribution services, including
multichannel multipoint distribution services, instructional television fixed
services, and local multipoint distribution services; or
c. Antennas designed to receive television broadcast signals;
(3) Antennas exempted under this section are subject to the following requirements:
a. Antennas (including antenna cables) shall be designed to blend into the
surrounding environment through the use of appropriate colors, except in instances
where the color is dictated by federal or state authorities such as the Federal
Aviation Administration;
b. No lighting, signage, advertising, or identification of any kind intended to be
visible from the ground or other structures is permitted, except applicable warning
and equipment information signage required by the manufacturer or by federal,
state, or local authorities;
c. Antennas and any guy wires or guy wire anchors shall not be erected within a
public or private utility and drainage easements, and shall be set back a minimum
of five feet from all lot lines;
d. Antennas shall meet the setback requirements specified under this section and, to
the extent feasible, placed in a position that is not visible from the street, unless
placement in accordance with these requirements would impair reception of an
acceptable signal;
e. Ground-mounted antennas shall not exceed ten feet in height and all other antennas
must meet the height limitations in this section, unless the applicable height
limitation would impair reception of an acceptable signal; in which case, antennas
shall be limited to the minimum height necessary to obtain an acceptable signal;
f. Antennas shall not be constructed, installed, or maintained so as to create a safety
hazard or cause damage to the property of other persons;
g. With the exception of necessary electric and telephone service and connection
lines approved by the city, no part of any antenna nor any lines, cable, equipment,
or wires or braces in connection with the antenna shall at any time extend across or
over any part of the right-of-way, public street, highway, sidewalk, or property line;
h. Antennas, masts, and supporting cables shall conform to the latest structural
standards and wind loading requirements of the Minnesota State Building Code and
the electronics industry association and any other applicable reviewing agencies;
(4) Satellite earth station antennas no more than ten feet in height, and satellite earth
station antennas in excess of one meter in diameter and antennas designed to receive
direct broadcast services or multichannel multipoint distribution services in excess of
one meter in diameter may be allowed as a conditional use within the residential zoning
districts of the city and, in addition to the requirements of this section, shall comply
with the following standards:
a. The lot on which the antenna is located shall be of sufficient size to assure that an
obstruction-free receive window can be maintained within the limits of the property
ownership;
b. Except where the antenna is screened by a structure exceeding the antenna height,
landscape buffering and screening shall be maintained on all sides of the antenna in
a manner in which growth of the landscape elements will not interfere with the
receive window;
c. The antenna is not greater than three meters in diameter; and
d. The conditional use permit provisions of this chapter are considered and
determined to be satisfied;
(5) Satellite earth station antennas in excess of two meters in diameter and antennas
designed to receive direct broadcast services or multichannel multipoint distribution
services in excess of one meter in diameter are allowed as a conditional use within the
B-1, B-2, B-3, P-1, P-1/R-1, and P-1/B-2 districts of the city and, in addition to the
requirements of this section, shall comply with the following standards:
a. The lot on which the antenna is located shall be of sufficient size to assure that an
obstruction-free transmit-receive window or windows can be maintained within the
limits of the property ownership;
b. Except where the antenna is screened by a structure exceeding the antenna height,
landscape buffering and screening shall be maintained on all sides of the antenna in
a manner in which growth of the landscape elements will not interfere with the
transmit-receive window; and
c. The conditional use permit provisions of this chapter are considered and
determined to be satisfied.
(q) Violations. Any person who shall violate any of the provisions of this section shall be
guilty of a misdemeanor.
(Code 1993, § 9-2.07(2); Ord. No. 0-97-01, § 1, 2-12-1997; Ord. No. 97-07, § 3, 9-24-1997)
Sec. 113-245 - Essential services
Essential services as defined herein shall be permitted as authorized and regulated by state
law and Code of the city, except as further regulated herein.
(Code 1993, § 9-2.08)
Sec. 113-246 - Land reclamation
Land reclamation as defined herein shall be permitted only by conditional use permit in all
districts.
(Code 1993, § 9-2.10)
Sec. 113-247 - Mining
Mining shall be permitted only by conditional use permit.
(Code 1993, § 9-2.11)
Sec. 113-248 - Firewood storage
(a) Scope. This section applies to the storage of wood on residential properties within the city.
The section shall apply to any wood or wood product usually used or intended to be used as
firewood.
(b) Conditions of storage. To protect the public health and safety, woodpiles must be erected,
located, and maintained in a safe and orderly fashion:
(1) In neat and secure stacks;
(2) The maximum height allowed for the woodpile is six feet;
(3) No wood shall be stored within the required minimum area of setback from the street
right-of-way;
(4) No wood shall be stored in any yard which is commonly considered the front yard.
(c) Exemptions. Wood stored or kept in a covered structure impervious to the elements is
exempt from the conditions outlined in subsection (b) of this section.
(d) Existing woodpiles. Any woodpile in existence as of the date of the passage of the
ordinance from which this chapter is derived which does not comply with the provisions of
this section must be moved or placed in compliance within 90 days after written notice to
comply has been given to the occupant of the residence by the zoning administrator. Such
notice shall be in writing and shall be served upon the property owner either in person or by
mail.
(Code 1993, § 9-2.13)
Sec. 113-249 - Manufactured homes
Manufactured or mobile homes as defined in this chapter and per Minn. Stats. § 327.31,
subd. 6, shall be permitted on any legal lot in the R-1 and R-2 residential districts under the
following conditions that apply also to any other type of principal residential building permitted:
(1) No principal residential building shall be less than 50 feet by 20 feet in outside
dimensions (20 feet one side and 50 feet the other).
(2) All one- and two-family residential buildings shall have a basement as defined and
regulated in the city building code.
(3) All residential buildings shall meet all structural and other requirements of the city
building code.
(Code 1993, § 9-11.02)
Sec. 113-250 - Private automobile repair and reconditioning
(a) Definitions. The following words, terms and phrases, when used in this section, shall have
the meanings ascribed to them in this subsection, except where the context clearly indicates
a different meaning:
Major repair means rebuilding, overhauling, or reconditioning of engines, motor vehicles or
trailers including body, frame or fender straightening or repair, painting, and vehicle cleaning by
steam or automatic car washing devices.
Minor repair means common maintenance including oil and filter change; battery or tire
change; mounting of tires on rims; auto tune-up; replacing car lights, antifreeze, hoses,
thermostats, manifolds and pipes.
(b) Requirements. Private automobile repair may be conducted in residential zones subject to
the following conditions:
(1) Vehicle registration. Automobiles on which repair work is done must be registered to
the owner or occupant of the property.
(2) Location of repair work. In R-1, R-2, and R-4 residential districts minor repair work
may be done in a private garage, a garage attached to a dwelling unit, or on an improved
driveway surface; and major repair work may be done in a private garage, a garage
attached to the dwelling unit, or, if a permit is obtained from the city zoning
administrator, on an improved driveway surface. In an R-4 zone, the location of major
and minor repair work shall also be governed by regulations of the property owner.
(3) Hours. Except as herein provided, major and minor repair work may be conducted
between the hours of 8:00 a.m. and 8:00 p.m.
(4) Permit. Where an automobile repair permit is required, an application shall be made
on forms provided by the city zoning administrator. An automobile repair permit shall
expire ten days after issuance unless extended for five additional days by the city zoning
administrator. Further extensions shall require approval of the city council.
(5) Nuisance. In no event shall major or minor repair work be conducted in a manner that
creates an unreasonable disturbance for the owners of adjacent or nearby property.
(Code 1993, § 9-13.07)
Sec. 113-251 - Vehicle sales
(a) Residential district. Motor vehicles and recreational vehicles which are permitted within
the respective residential district may be advertised for sale and sold provided the vehicle is
owned by the resident where the vehicle is parked and the vehicle is currently licensed and
operable. Vehicles that are displayed for sale shall not be parked or stored on public
property or the public rights-of-way on Snelling Avenue and its frontage roads, Hamline
Avenue, Fairview Avenue, Roselawn Avenue and Cleveland Avenue. At no time shall any
commercial vehicle be parked within a residential district and advertised for sale.
(b) Nonresidential district. Motor, commercial, and recreational vehicles shall not be
displayed for sale or sold within nonresidential districts unless as part of an approved
licensed sales dealership or for short-term parking (12 hours or less) if the vehicle is owned
by an employee of said business where the vehicle is parked with the consent of the business
owner.
(Code 1993, § 9-13.08; Ord. No. 2004-01, § 1(9-13.08), 5-5-2004)
Sec. 113-252 - Drive-through facilities
Drive-through facilities are prohibited except when specifically allowed by a conditional use
permit in a zoning district. When allowed, all drive-through facilities must comply with the
following requirements:
(1) The drive-through facility, service window and speakers must be located at least 100
feet from a residential zoned or used property and must be visually screened from
adjoining residential property.
(2) The entrance and exit drive lanes to the drive-through facility must be at least 75 feet
from a street intersection.
(3) The lot on which the drive-through facility is located must be at least 35,000 square
feet in area.
(4) The minimum on-site stacking distance available for the drive-through must be 180
feet in length.
(5) Drive-through facilities may only be operated between the hours of 7:00 a.m. and 8:00
p.m.
(6) No speaker noise may be audible from adjacent residential property.
(7) A traffic study must be completed documenting that the drive-through facility will not
create traffic problems.
(Ord. No. 06-03, § 2, 9-13-2006)
Sec. 113-253 - Mobile storage structures
Mobile storage structures may be located as a temporary structure on property within the
city upon issuance of a permit by the city clerk. They are allowed for a period not exceeding 72
hours in duration on a public street and not exceeding four weeks on private property, from time
of delivery to time of removal. No more than one mobile storage structure may be located on a
specific piece of property within the city at one time. Such temporary structure may not be
located on a specific property more than two times in any 90 calendar-day period. Such
temporary structure shall be located no closer than ten feet to the property line unless on a
driveway and must be placed on an impervious surface. Such structure may not be placed in a
fire lane, or sidewalk. Such structure may not exceed eight feet six inches in height, ten feet in
width or 20 feet in length. It shall be the obligation of the owner or user of such temporary
structure to secure it in a manner that does not endanger the safety of persons or property in the
vicinity of the temporary structure.
(Ord. No. 07-03, § 2, 1-10-2007)
Sec. 113-254 - Solar energy systems
(a) Purpose and scope. The City of Falcon Heights has adopted this section to meet the
comprehensive plan goal of becoming a sustainable, energy efficient community and to
preserve the health, safety and welfare of the community's citizens by promoting the safe,
effective and efficient use of solar energy systems to reduce consumption of fossil fuels.
This section applies to all solar energy installations in the City of Falcon Heights.
(b) Permitted accessory use. Active solar energy systems are an accessory use in all zoning
districts, subject to the following requirements:
(1) Height. Active solar energy systems must meet the following height requirements:
a. Building- or roof-mounted solar energy systems shall not exceed the maximum
allowed height in any zoning district. For purposes for height measurement, solar
energy systems other than building-integrated systems shall be considered to be
mechanical devices and are restricted consistent with other building-mounted
mechanical devices.
b. Ground- or pole-mounted solar energy systems shall not exceed 20 feet in height
when oriented at maximum tilt.
(2) Setback. Active solar energy systems must meet the accessory structure setback for the
zoning district in which the system is located.
a. Roof-mounted solar energy systems. In addition to the building setback, the
collector surface and mounting devices for roof-mounted solar energy systems shall
not extend beyond the exterior perimeter of the building on which the system is
mounted or built. Exterior piping for solar hot water systems shall be allowed to
extend beyond the perimeter of the building on a side yard exposure.
b. Ground-mounted solar energy systems. Ground-mounted solar energy systems
may not extend into the side yard or rear setback when oriented at minimum design
tilt.
(3) Visibility. Active solar energy systems shall be designed to blend into the architecture
of the building or be screened from routine view from public rights-of-way other than
alleys. The color of the solar collector is not required to be consistent with other roofing
materials.
a. Building integrated photovoltaic systems. Building integrated photovoltaic solar
energy systems shall be allowed regardless of whether the system is visible from
the public right-of-way, provided the building component in which the system is
integrated meets all required setbacks and regulations for the district in which the
building is located.
b. Solar energy systems with mounting devices. Solar energy systems using roof-
mounting devices or ground-mount solar energy systems shall not be restricted if
the system is not visible from the closest edge of any public right-of-way other than
an alley. Roof-mount systems that are visible from the nearest edge of the street
frontage right-of-way shall not have a highest finished pitch steeper than the roof
pitch on which the system is mounted, and shall be no higher than 12 inches above
the roof.
c. Coverage. Roof- or building-mounted solar energy systems, excluding building-
integrated systems, shall not cover more than 80 percent of the south-facing or flat
roof upon which the panels are mounted. The surface area of pole- or ground-
mount systems shall not exceed half the building footprint of the principal
structure.
d. Lot coverage. The surface area of pole- of ground-mount systems shall be treated
as impervious coverage as regulated for each zoning classification. Allowed
impervious coverage may be increased by up to ten percent above maximum lot
coverage for the zone provided 100 percent of the excess is accounted for by an
approved solar ground- or pole-mounted solar energy system.
(4) Approved solar components. Electric solar energy system components must have a UL
listing and solar hot water systems must have an SRCC rating.
(c) Plan approval required. All solar energy systems shall require administrative approval by
the zoning and planning administrator.
(1) Plan applications. Plan applications for solar energy systems shall be accompanied by
a site plan and by to-scale horizontal and vertical (elevation) drawings. The drawings
must show the location of the system on the building or on the property for a ground-
mount system, including the property lines.
(2) Pitched roof-mounted solar energy systems. For all roof-mounted systems other than a
flat roof, the elevation must show the highest finished slope of the solar collector and
the slope of the finished roof surface on which it is mounted.
(3) Flat roof-mounted solar energy systems. For flat roof applications, a drawing shall be
submitted showing the distance to the roof edge and any parapets on the building and
shall identify the height of the building on the street frontage side, the shortest distance
of the system from the street frontage edge of the building, and the highest finished
height of the solar collector above the finished surface of the roof.
(4) Compliance with building code. All active solar energy systems shall require a
building permit.
(5) Compliance with state electric code. All photovoltaic systems shall comply with the
Minnesota State Electric Code.
(6) Compliance with state plumbing code. Solar thermal systems shall comply with
applicable Minnesota State Plumbing Code requirements.
(7) Utility notification. No grid-intertie photovoltaic system shall be installed until
evidence has been given to the planning and zoning department that the owner has
submitted notification to the utility company of the customer's intent to install an
interconnected customer-owned generator. Off-grid systems are exempt from this
requirement.
(8) Plan approvals. Applications that meet the design requirements of this section shall be
granted administrative approval by the zoning and planning administrator. Plan
approval does not include building, electric, or plumbing code approval. If applicable,
such approvals must also be obtained.
(Ord. No. 13-05, § 2, 11-13-2013)
Secs. 113-255 – 113-280 - Reserved
DIVISION 2. - OFF-STREET PARKING AND LOADING
Subdivision I - In General
Secs. 113-281 – 113-308 - Reserved
Subdivision II - Off-Street Parking
Sec. 113-309 - Scope and purpose
(a) The provisions of this subdivision shall apply to all buildings, structures and uses of land
herein governed by this chapter.
(b) Regulation of off-street parking and loading spaces in this chapter is to alleviate or prevent
congestion of the public right-of-way and to promote the safety and general welfare of the
public by establishing minimum requirements for off-street parking, loading and unloading
from motor vehicles in accordance with the utilization of the various parcels of land and
structures.
(c) Structures or uses for which a building permit has been issued prior to the effective date of
the ordinance from which this chapter is derived, but for which work has not been
completed shall be exempt from the hereinafter stated parking requirements if the structure
is completed within six months after the effective date of the ordinance from which this
chapter is derived.
(Code 1993, § 9-13.04)
Sec. 113-310 - Residential districts
Off-street parking and loading shall be as required and regulated in specific sections of this
chapter and by the applicable general provisions of this section herein.
(1) The following provisions apply to the R-1 and R-2 districts:
a. Parking shall be permitted on hard-surfaced areas designed for that purpose and for
providing access to garage, carport or open parking area and provided that no
driveway or off-street open parking area shall be located closer than five feet from
the property line on that side. The five feet of property known as the side yard shall
be landscaped as shall the remainder of the front yard applying to the residential
portion of the house and continuing to the far lot line removed from the access
and/or parking driveway. Parking shall not be permitted in any part of landscaped
yards, boulevards, grass portion of street right-of-way or other such areas (except as
allowed for boats and unoccupied trailers under "exterior storage" provisions of this
chapter). And provided further that from November 15 to April 1, the unsurfaced
portion of the front yard of any property in a residential district may be used for
parking one passenger vehicle registered in the name of a resident, if there is a
single driveway, and the vehicle is parked parallel to the driveway and on one
uniform side of the driveway, and the width of the parking area does not exceed
eight feet. For purposes of this chapter a "passenger vehicle" shall mean a two- or
four-door sedan or van used primarily for transporting passengers, and shall not
include pickups, trucks, campers, recreational vehicles or buses.
b. At least two and not more than four parking spaces are required for each dwelling
unit. At least one of the parking spaces must be enclosed.
c. No motor vehicle over one ton capacity bearing a commercial license and no
commercially-licensed trailer shall be parked or stored in a residential district
except when loading, unloading, or rendering service. No campers, boats, trailers,
or snowmobiles shall be parked or stored in any front or side yard; boats and
unoccupied trailers meeting criteria for "exterior storage" under this chapter may be
stored in the rear yard.
d. One-family homes may utilize the public street for the loading and unloading of
furniture, moving trucks and other common and customary activities associated
with residential use, excluding service and repair of vehicles except for the
changing of tires, provided such activities do not block street traffic, cause traffic
congestion or hazards, or otherwise constitute a public nuisance.
(2) The following provisions apply to the R-3 and R-4 districts:
a. All accessory off-street parking facilities required herein shall be located as
follows:
1. Spaces accessory to multiple-family dwellings on the same lot as the principal
use served and within 200 feet of the main entrance to the principal building
served. Parking as required by the building code for the handicapped shall be
provided.
2. Off-street parking spaces shall not be located on or project into a street or alley
right-of-way.
3. No driveway or off-street open parking area shall be located closer than five
feet from an adjacent lot zoned or used for residential purposes.
4. Off-street parking spaces shall not be located within any required front or side
yard setback.
b. Reserved.
c. Off-street parking facilities accessory to residential use shall be utilized solely for
the parking of passenger automobiles and/or one truck not to exceed 7,000 pounds
gross capacity for each dwelling unit. Under no circumstances shall required
parking facilities accessory to residential structures be used for the storage of
commercial vehicles or for the parking of automobiles belonging to the employees,
owners, tenants, or customers of nearby business or manufacturing establishments.
d. The number of off-street parking spaces required for various land uses as specified
herein shall be considered as absolute minimum requirements. Additional off-street
parking spaces may be required by the zoning administrator or planning
commission. It is public policy that all public streets in the city are intended
primarily for the movement of traffic; on-street curb parking shall be considered a
privilege that may or may not be granted on a street-by-street basis.
e. Off-street parking spaces required (one space equals 350 square feet) shall be as
follows for:
Multiple-family dwellings. At least two one parking spaces per dwelling unit except
that two one and one-half parking spaces per dwelling unit are required for multiple
units of ten or less that abut no parking (on street curb) zones. At least one-half of
the required spaces shall be enclosed unless the property abuts an alley. (Garage
requirements may be waived for apartment projects designed and intended for
occupancy by low-income families.) Electric vehicle charging stations may be
counted toward satisfying minimum off-street parking space requirements. In the
event the final calculation of parking spaces includes half a parking space, the total
number of parking spaces should be rounded up.
(3) The following provisions apply to the R-5M district: The requirements of the R-4
district shall apply except that at least 80 percent of the required parking spaces for
apartment buildings shall be below grade and integrated into the apartment building.
(Code 1993, §§ 9-4.01(5), 9-5.01(5), 9-6.01(5), 9-7.01(5), 9-13.04(1); Ord. No. 0-96-01, § 4, 2-
28-1996; Ord. No. 09-01, § 1, 4-8-2009; Ord. No. 10-06, §§ 6, 7, 9-8-2010; Ord. No. 12-07, § 1,
7-11-2012)
Sec. 113-311 - Surfacing and drainage
Off-street parking areas shall be improved with a durable and dustless surface. Parking areas
shall be so graded and drained as to dispose of all surface water accumulation within the parking
area. All driveways and off-street parking areas shall be permanently surfaced with either
concrete or asphalt or impervious decorative pavement such as brick between the street and
garage. (This does not require the resurfacing of existing driveways with parallel tracks into one
contiguous surface.) Commercially zoned properties and R-4 properties shall utilize asphalt,
concrete or a reasonable substitute surface as approved by the city engineer and capable of
carrying a wheel load of 4,000 pounds. All surfacing must be completed prior to occupancy
unless other arrangements have been made with the zoning administrator.
(Code 1993, § 9-13.04(2); Ord. No. 0-96-01, § 4, 2-28-1996)
Sec. 113-312 - Location
All required accessory off-street parking facilities required herein shall be located as
follows:
(1) Spaces accessory to one- and two-family dwellings as regulated in sections 113-174
and 113-175.
(2) Spaces accessory to multiple-family dwellings as regulated in sections 113-175 and
113-176.
(3) Spaces accessory to uses located in a business district shall be within 500 feet of a
main entrance to the principal building served. Parking as required by the building code
for the handicapped shall be provided.
(4) There shall be no off-street open parking space within ten feet of any street right-of-
way.
(5) No driveway or off-street open parking area shall be located closer than five feet from
an adjacent lot zoned or used for residential purposes, except when adjoining an
existing parking area on the adjacent lot.
(Code 1993, § 9-13.04(3))
Sec. 113-313 - Underground parking credits
In any development in which all or a portion of the required off-street parking is fully
enclosed and below ground elevation, the minimum lot area requirements shall be reduced by 15
percent per dwelling unit, but said reduction shall not be greater than 20 percent of the total
parking space area requirement.
(Code 1993, § 9-13.04(4))
Sec. 113-314 - Miscellaneous provisions
(a) Existing off-street parking spaces. Existing off-street parking spaces and loading spaces
upon the effective date of the ordinance from which this chapter is derived shall not be
reduced in number unless the result exceeds the requirements set forth herein.
(b) Parking for seating facilities. In stadiums, sport arenas, churches and other places of public
assembly, in which patrons or spectators occupy benches, pews or other similar seating
facilities, each 2420 inches of such seating facilities shall be counted as one seat for the
purpose of determining requirements for off-street parking facilities under this chapter.
(c) Parking space. Required parking spaces shall be at least nine feet wide and 18 feet long.
Up to 50 percent of the required spaces may be designated compact spaces. Compact
parking spaces shall be at least eight feet wide and 16 feet long. Compact spaces shall be
identified through appropriate signage. Unless alternative requirements are designated by the
city engineer, parking spaces shall be served by access drives with minimum dimensions
provided as follows:
Stall Angle (degrees) Curb Length (feet) Vehicle Aisle (feet) Traffic Flow
Projection
(feet)
45 9 22 14 One way
60 9 21 16 One way
75 9 21 18 One way
90 9 18 24 Two way
90 compact 8 16 24 Two way
Parallel 23 8.5 22
Electric vehicle charging stations may be counted toward satisfying minimum off-street
parking space requirements.
All electric vehicle charging stations must include signage designating the space for only
electric vehicle charging, unless no other spaces available. Signage must meet all guidelines as
required by Article VII of this chapter.
For commercial or multifamily dwelling parking areas with ten to twenty parking stalls
utilizing electric vehicle charging stations, at least one electric vehicle charging station must
comply with all relevant American with Disabilities (ADA) requirements. For commercial or
multifamily dwelling parking areas with more than twenty parking stalls utilizing electric vehicle
charging stations, at least two electric vehicle charging stations must comply with all relevant
American with Disabilities (ADA) requirements.
Handicapped parking spaces. Spaces for the handicapped shall be at least 12 feet wide and
18 feet in length. The size, number, and location of stalls reserved for handicapped parking shall
be provided and identified as required by applicable regulations. These spaces are included in the
computation for the minimum parking space requirement.
(d) Use of parking facilities. Off-street parking facilities accessory to residential use shall be
utilized solely for the parking of passenger automobiles and/or one truck not to exceed 7,000
pounds gross capacity for each dwelling unit. Under no circumstances shall required parking
facilities accessory to residential structures be used for the storage of commercial vehicles or
for the parking of automobiles belonging to the employees, owners, tenants or customers of
nearby business or manufacturing establishments.
(e) Joint parking facilities. Off-street parking facilities for a combination of mixed buildings,
structures or uses may be provided collectively in any district (except residential districts) in
which separate parking facilities for each separate building, structure or use would be
required, provided that the total number of spaces provided shall equal the sum of the
separate requirements of each use during any peak hour parking period and a copy of the
private joint parking agreement is approved by the zoning administrator and placed on file
with the city along with a certificate of occupancy for all land area involved.
(f) Control of off-street facilities. When required, accessory off-street parking facilities that are
provided elsewhere than on the lot in which the principal use served is located shall be in the
same ownership or control, either by deed or long-term lease, as the property occupied by
such principal use, and the owner of the principal use shall file a recordable document with
the zoning administrator requiring the owner and his or her heirs and assigns to maintain the
required number of off-street parking spaces during the existence of said principal use.
(g) Use of parking area. Required off-street parking space in any district shall not be utilized
for open storage of goods or for the storage of vehicles which are inoperable, for sale or for
rent or other nonparking purposes except by the granting of a variance.
(h) Lot coverage. In residential districts, no more than 32 percent of the required front yard
area shall be surfaced or utilized for driveway or vehicle storage space, but in no case shall a
driveway in a required front yard exceed 24 feet in width as measured at the property line.
(i) Minimum spaces required. The number of off-street parking spaces required for various
land uses as specified herein shall be considered as absolute minimum requirements.
Additional off-street parking spaces may be required by the zoning administrator or
planning commission.
(j) Parking restrictions. Parking shall be permitted on hard-surfaced areas designed for such
use only; parking shall not be permitted in landscaped yards, boulevards, grass portion of
street right-of-way or other such areas, except as provided in section 113-310(1)a.
(Code 1993, § 9-13.04(5); Ord. No. 0-91-10, § 1, 6-19-1991; Ord. No. 0-96-01, § 4, 2-28-1996;
Ord. No. 12-07, § 2, 7-11-2012)
Sec. 113-315 - Design and maintenance of off-street parking areas
(a) Design. Parking areas shall be designed so as to provide adequate means of access to a
public alley or street. Such driveway access widths shall be in accordance with the state
highway department standards, but in no case shall they exceed 32 feet in width unless a
conditional use permit has been obtained approving the larger width. Driveway access shall
be so located as to cause the least interference with traffic movement. There shall be only
one driveway access for each one-family residential lot.
(b) Calculating space. When the calculation of the number of off-street parking spaces
required results in a fraction, such fraction shall require a full space.
(c) Signs. No signs shall be located in any parking area except as necessary for orderly
operation of traffic movement and/or electric vehicle charging, and such signs shall not be a
part of permitted advertising space. Signs shall conform to zoning district regulations.
(d) Surfacing. All driveways and off-street parking areas shall be permanently surfaced with
either concrete or asphalt or impervious decorative pavement such as brick between the
street and garage. (This does not require the resurfacing of existing driveways with parallel
tracks into one contiguous surface.)
(e) Lighting. Any lighting used to illuminate an off-street parking area shall be so arranged so
it is not directly visible from the adjoining property and in a downward vertical direction.
However, in no case shall such lighting exceed two footcandles in a business or industrial
zone nor 0.5 footcandle in a residential zone measured at the lot line.
(f) Curbs and landscaping. A six-inch-high, poured-in-place concrete curb shall be provided
around the periphery of all parking lots and internal access roads, except where the city
engineer determines that a curb would impede the drainage plan. When the parking lot is for
six spaces or more, a curb or screening not over four feet in height shall be erected along the
front yard setback line and grass or planting shall occupy the space between the sidewalk
and curb or screening. Wheel guards as approved by the zoning administrator may be used.
(g) Planting islands. Within any parking lot containing more than 20 parking stalls, the city
may require landscaped planting islands of a type, size and location as approved by the city
council.
(h) Parking space for six or more cars. When a required off-street parking space for six or
more cars is located adjacent to a residential district, a fence or screen not less than four feet
in height shall be erected along the residential district property line, plus additional
screening as may be required by the zoning administrator.
(i) Maintenance of off-street parking space. It shall be the joint responsibility of the operator
and owner of the principal use or building to reasonably maintain the parking space,
accessways, landscaping and required fencing.
(j) Access. All off-street parking spaces shall have access from driveways and not directly
from the public street.
(k) Determination of areas. The parking space per vehicle shall not be less than 350 square
feet of parking and maneuvering area or an area equal to the width of the parking space
multiplied by the length of the parking space plus 15 feet.
(l) Proximity to buildings. No parking space shall be closer than ten feet to any building.
(m) Fire access lanes. Fire access lanes shall be provided as required by the building or fire
code or the zoning administrator.
(n) Calculation of floor space for parking requirements. Floor area or gross floor area of a
building for purposes of calculating required parking space for retail uses shall include only
that floor space devoted to retail sales as defined herein; it shall not include storage space,
restrooms, interior pedestrian mall space unless retail activities are located on floor area of
said mall, hallways, enclosed walkways, utility rooms, window displays, office of building
management or maintenance, lobbies or similar floor space not generating a demand or need
for parking space. Due consideration shall, however, be given to floor area which may and
could reasonably be expected to be converted to retail or other commercial activity and
thereby increase the need for parking space.
(o) Shopping centers and large retail outlets. Shopping centers or individual retail outlets with
over 5,000 square feet of floor area shall provide parking on the basis of 5.5 spaces per
1,000 square feet of gross leasable area.
(p) Setbacks (yards). Except as specifically authorized and permitted by zoning district
provisions, off-street parking shall not be located in required yards.
(q) Number of spaces. Off-street parking spaces shall not be reduced in number unless said
number exceeds the requirements set forth herein.
(r) Off-street parking requirements. Off-street parking spaces required (one space equals 350
square feet) shall be as follows unless the city determines, based upon a professional
analysis of parking for any specific use, that a reasonable parking ratio for such use should
be otherwise:
(1) One- and two-family residences. At least twoTwo spaces per dwelling unit. but not to
exceed four per unit. Accessory dwelling units used in conjunction with a single-family
residence are not required to have additional parking added to the standard single-
family residence parking requirement.
(2) Multiple-family dwellings. At least two one parking spaces per dwelling unit except
that 2½one and one-half parking spaces per dwelling unit are required for multiple units
of ten or less that abut no parking (on street curb) zones. At least one-half of the
required spaces shall be enclosed. (Garage requirements may be waived for apartment
projects designed and intended for occupancy by low income families.) In the event the
final calculation of parking spaces includes half a parking space, the total number of
parking spaces should be rounded up.
(3) Churches, theaters, auditoriums, mortuaries, and other places of assembly. One space
for each three five seats or for each five ten feet of pew length. Based upon maximum
design capacity.
(4) Offices. One space for each 200 square feet of gross floor space.
(5) Hotel, motel. One space per unit, plus one space per employee, plus one space for
each three persons who may be accommodated in a bar, restaurant, meeting room,
swimming pool, convention facility or similar place of public assembly based upon
maximum design capacity. One space per each guest room, plus one space per 20 guest
rooms to accommodate staff parking, plus one space for each five persons who may be
accommodated in a bar, restaurant, meeting room, swimming pool, convention facility,
or similar place of public assembly based upon maximum design capacity.
(6) Schools, elementary and junior high. Three spaces for each classroom.Two spaces for
each classroom and one space for each administrative office.
(7) High school through college. One space for each four students based on design
capacity plus three one additional spaces for each classroom and administrative office..
(8) Hospitals. One space for each three hospital beds, plus one space for each three
employees other than doctors, plus one space for each resident and regular staff doctor.
Bassinets shall not be counted as beds.
(9) Sanitarium, convalescent home, rest home, nursing home, or institution. One space for
each six beds for which accommodations are offered, plus one space for each two
employees on maximum shift.
Formatted: Highlight
Formatted: Highlight
(10) Additional parking. Additional parking shall be provided for all schools with
theaters, auditoriums, swimming pools, gyms, football stadiums or other places of
public assembly or participation in the amount of one space for each three persons
based upon maximum design capacity.
(11) Drive-in food or fast food establishments. One space for each 15 square feet of gross
floor space in the building allocated to drive-in operation,One space per each 60 square
feet of gross floor area, plus additional space as may be determined by the zoning
administrator based upon advice from the planning commission. Drive-through lanes
for food pick-up must be able to stack eight cars on site without interfering with the site
parking.
(12) Bowling alley. Six Two spaces for each alleylane, plus additional spaces as may be
required herein for related uses such as a restaurant.
(13) Motor fuel station. Two spaces plus three spaces for each service stall.
(14) Retail. One space for each 150 square feet of gross floor area.
(15) Medical or dental clinic. Six spaces per doctor or dentist or one space for each 200
square feet of gross floor area, whichever is greater.
(16) Restaurant and/or cafeteria. One space per 2.5 seats, plus one space per 20 square
feet of the combined area of bar, lounge and public space, minus the first 250 square
feet plus one space per 50 square feet of banquet dining area, plus one space per five
seats outdoor dining. One space per employee, plus parking spaces equivalent to one
space per three seats or stools.
(17) Furniture store, wholesale, auto sales, repair shops. Three spaces for each 1,000
square feet of gross floor area. Open sales lots shall provide two spaces for each 5,000
square feet of lot area, but not less than three spaces.
(18) Industrial, warehouse, storage, handling of bulk goods. One space for each two
employees on maximum shift or one for each 2,000 square feet of gross floor area,
whichever is the larger.
(19) Uses not specifically noted. As determined by the planning commission.
(20) Planned unit developments and conditional uses. Spaces to be provided in amounts
and locations as per approved site development plans and permit conditions imposed by
the planning commission.
(21) Auto repair, bus terminal, taxi terminal, boats and marine sales and repair, bottling
company, shop for a trade employing six or fewer people, garden supply store, building
material sales in structure. Eight off-street parking spaces, plus one additional space for
each 800 square feet of floor area over 1,000 square feet.
(22) Skating rink, dance hall, or public auction house. Twenty off-street parking spaces
plus one additional off-street parking space for each 200 square feet of floor space over
2,000 square feet.
(23) Golf driving range, miniature golf, archery range. Ten off-street parking spaces plus
one for each 100 square feet of floor area.
Commented [HBL8]: PC wants to remove this since drive-
ins are not permitted in FH.
Formatted: Highlight
(24) Baseball fields, stadiums. At least one parking space for each eight seats of design
capacity.
(25) Community centers, physical culture studios, libraries, private clubs, lodges, art
galleries. Ten spaces plus one for each 150 square feet in excess of 2,000 square feet of
floor area in the principal structure.
(26) Animal hospitals and professional offices. Three spaces plus at least one space for
each 200 square feet of floor area.
(27) Business service establishment. At least one off-street parking space for each 200
square feet of floor area.
(28) Food delivery and take-out restaurants. Parking requirements are one stall space per
employee on duty, one stall space per seat should be provided, one stall space per two
delivery vehicles when owned, operated, and stored by employees, one stall space per
delivery vehicle when owned and operated by restaurant. One loading bay per store is
required.
(29) Parking ratio. Based on a professional analysis of parking for any specific use, the
city council may determine a reasonable parking ratio for such use.
(Code 1993, § 9-13.04(6); Ord. No. 0-91-10, § 2, 6-19-1991; Ord. No. 12-07, § 3, 7-11-2012)
Secs. 113-316 – 113-333 - Reserved
Subdivision III - Off-Street Loading
Sec. 113-334 - Location
All required loading berths shall be off-street and shall be located on the same lot as the
building or use to be served. A loading berth shall be located at least 25 feet from the intersection
of two street rights-of-way and at least 50 feet from a residential district, unless within a
building. Loading berths shall not occupy the required front yard space.
(Code 1993, § 9-13.05(1))
Sec. 113-335 - Size
Unless otherwise specified in this chapter, a required loading berth shall be not less than 12
feet in width, 50 feet in length, and 14 feet in height, exclusive of aisle and maneuvering space.
(Code 1993, § 9-13.05(2))
Sec. 113-336 - Street access
Each required loading berth shall be located with appropriate means of vehicle access to a
street or public alley in a manner which will least interfere with traffic.
(Code 1993, § 9-13.05(3))
Sec. 113-337 - Accessory use
Any space allocated as a loading berth or maneuvering area so as to comply with the terms
of this chapter shall not be used for the storage of goods, inoperable vehicles, or be included as a
part of the space requirements necessary to meet the off-street parking area.
(Code 1993, § 9-13.05(4))
Sec. 113-338 - Alterations
Any structure erected or substantially altered for a use which requires the receipt of
distribution of materials or merchandise by trucks or similar vehicles, shall provide off-street
loading space as required for a new structure.
(Code 1993, § 9-13.05(5))
Sec. 113-339 - Schools
No public or private schools shall load or unload buses from public streets but shall provide
off-street loading and unloading facilities.
(Code 1993, § 9-13.05(6))
Sec. 113-340 - Repair and service
No motor vehicle repair work or service of any kind shall be permitted in conjunction with
loading facilities provided in any residential district.
(Code 1993, § 9-13.05(7))
Sec. 113-341 - Utilization
Space allocated to any off-street loading shall not, while so allocated, be used to satisfy the
space requirements for any off-street parking facilities or portions thereof.
(Code 1993, § 9-13.05(8))
Sec. 113-342 - Central loading
Central loading facilities may be substituted for loading berths on the individual zoning lots
provided the following conditions are fulfilled:
(1) Each zoning lot served shall have direct access to the central loading area without
crossing streets or alleys at grade.
(2) Total berths provided shall meet the requirements based on the sum of the several
types of uses served. (Area of types of uses may be totaled before computing number of
loading berths.)
(3) No zoning lot served shall be more than 300 feet removed from the central loading
area.
(Code 1993, § 9-13.05(10))
Sec. 113-343 - Minimum facilities
Uses for which off-street loading facilities are required herein, but which are located in
buildings of less floor area than the minimum prescribed for such required facilities, shall be
provided with adequate receiving facilities, accessible by motor vehicle off any adjacent alley,
service drive, or open space on the same zoning lot as approved by the zoning administrator.
(Code 1993, § 9-13.05(11))
Sec. 113-344 - Business districts
Off-street loading spaces accessory to uses allowed in the several business districts shall be
provided in accordance with the following minimum requirements:
(1) Any use listed in a residential district that is also permitted in any of the several
business districts shall provide loading spaces as established for that use in the
preceding section for residence districts.
(2) Business or office establishments containing less than 10,000 square feet of gross
floor area shall be provided with adequate facilities, accessible by motor vehicle off any
adjacent alley, street service drive, or open space on the same zoning lot.
(3) For all other uses, loading berth facilities shall be provided in accordance with the
number and location determined necessary by the zoning administrator.
(Code 1993, § 9-13.05(12))
Sec. 113-345 - Other zoning districts
Off-street loading spaces (number, type, location) shall be provided by the nature of the
specific use as determined and approved by the zoning administrator.
(Code 1993, § 9-13.05(13))
Sec. 113-346 - Temporary use permit
Loading or unloading from any street or other public right-of-way may be permitted for
nonresidential uses in any zoning district only upon issuance of a "temporary use" permit by the
zoning administrator.
(Code 1993, § 9-13.05(14))
Sec. 113-347 - Use by taxi, bus
Taxi or public transit bus as approved by the city council may use areas designated for
loading.
(Code 1993, § 9-13.05(15))
Secs. 113-348 – 113-367 - Reserved
DIVISION 3 - DESIGN AND PERFORMANCE STANDARDS
Sec. 113-368 - Minimum standards
All uses, buildings, and structures permitted pursuant to this chapter shall conform to the
performance and design standards set forth in this division; said standards are determined to be
the minimum standards necessary to comply with the intent and purposes of this chapter as set
forth in this division.
(Code 1993, § 9-14.01(1))
Sec. 113-369 - The principal building
(a) Except as provided by a conditional use permit issued pursuant to this chapter, there shall
be no more than one principal building on any one lot or parcel of land.
(b) No cellar, garage, recreational vehicle or trailer, basement with unfinished exterior above
or accessory building shall be used at any time as a dwelling unit. Accessory dwelling units
are exempt from this restriction.
(c) Principal buildings with more than one use, in which one of those uses is a dwelling unit,
shall require a conditional use permit.
(d) All principal buildings hereafter erected on unplatted land shall be so placed as to avoid
obstruction of future street or utility extensions and shall be so placed as to permit
reasonably anticipated future subdivisions and land use.
(e) The keeping of animals except for domesticated pets inside of the dwelling unit shall be
prohibited.
(Code 1993, § 9-14.01(2))
Sec. 113-370 - Exterior storage
(a) All existing uses shall comply with this standard by January 1, 1987.
(b) In all districts, all personal property shall be stored within a building or be fully screened
so as not to be visible from adjoining properties and public streets, except for the following:
(1) Laundry drying and playground equipment.
(2) Construction and landscaping materials and equipment currently (for a period not
greater than 12 months) being used on the premises.
(3) Garden equipment and materials if these are used or intended for use on the premises.
Formatted: Highlight
(4) Off-street parking of licensed passenger automobiles and pickup trucks.
(5) Boats and unoccupied trailers, less than 25 feet in length, are permissible if stored in
the rear yard more than ten feet from any property line.
(6) In single-family residential districts (R-1), closed refuse or garbage containers, so long
as they are stored behind the front line of the single-family residents on non-collection
days.not visible from the street.
(c) In nonresidential districts, exterior storage of personal property may be permitted by
variance provided any such property is so stored for purposes related to a use of the property
permitted by this chapter and will not be contrary to the intent and purpose of this chapter.
(d) In all districts, all waste, refuse or garbage shall be kept in an enclosed building or properly
contained in a closed container designed for such purposes. The owner of vacant land shall
be responsible for keeping such land free of refuse and weeds. Existing uses shall comply
with this provision within 90 days following the effective date of the ordinance from which
this chapter is derived.
(e) All exterior storage not included as a permitted accessory use, a permitted use, or included
as part of a variance, or otherwise permitted by provisions of this chapter, shall be
considered as refuse.
(Code 1993, § 9-14.01(3))
Sec. 113-371 - Environmental pollution
(a) Regardless of the source, the city council may take such action as is necessary to abate foul
odors.
(b) No use shall be permitted which will cause or result in the pollution of any tributary to any
lake, stream or other body of water.
(Code 1993, § 9-14.01(4))
Sec. 113-372 - Screening
(a) Screening shall be required in residential zones where:
(1) Any off-street parking area contains more than four parking spaces and is within 30
feet of a residential zone; and
(2) Where the driveway to a parking area of more than six parking spaces is within five
feet of an adjoining residential use or zone.
(b) Where any business or industrial use (structure, parking or storage) is adjacent to property
zoned for residential use, that business or industry shall provide screening along the
boundary of the residential property. Screening shall also be provided where a business,
parking lot, or industry is across the street from a residential zone, but not on the side of a
business or industry considered to be the front.
(c) All exterior storage shall be screened. The exceptions are:
Commented [HBL9]: Will also need to updated Sec. 38-
21
(1) Merchandise being displayed for sale;
(2) Materials and equipment currently used for construction on the premises;
(3) Merchandise located on service station pump islands.
(d) The screening required in this section shall consist of earth mounds, berms, or ground
forms; fences and walls; landscaping (plant materials) or landscaped fixtures (such as
timbers) used in combination or singularly so as to block direct visual access to an object.
(e) Required screening shall be as approved by the city council. Existing land uses may be
required to install screening if so ordered by the city council following public hearing.
(Code 1993, § 9-14.01(5))
Sec. 113-373 - Landscaping
(a) Landscaping on a lot shall consist of a finished grade and vegetation as described in section
54-38, or as may be required by the zoning administrator to protect the soil and aesthetic
values on the lot and adjacent property.
(Code 1993, § 9-14.01(6); Ord. No. 20-02, § 6, 2-12-2020)
Sec. 113-374 - Reasonable maintenance and repairs required
In all districts, all structures, landscaping and fences shall be reasonably maintained and kept
in a good state of repair so as to avoid health or safety hazards and prevent a degradation in the
value of adjacent property.
(Code 1993, § 9-14.01(7))
Sec. 113-375 - Lighting, lighting fixtures and glare
(a) All existing uses shall comply by January 1, 1989.
(b) In all districts, any lighting used to illuminate an off-street parking area, or other structure
or area, shall be arranged as to deflect light away from any adjoining residential zone or
from the public streets. Direct or sky-reflected glare, whether from floodlights or from high
temperature processes such as combustion or welding shall not be directed into any
adjoining property. The source of light shall be hooded or controlled so as not to light
adjacent property. Bare lightbulbs shall not be permitted in view of adjacent property or
public right-of-way. No light or combination of lights which cast light on a public street
shall exceed two footcandle meter reading as measured from the centerline of said street nor
shall any light or combination of lights which cast light on residential property exceed 0.5
footcandle.
(c) Lighting standards shall not exceed 25 feet or the height of the principal building on a lot,
without a conditional use permit.
(Code 1993, § 9-14.01(8))
Sec. 113-376 - Traffic control
(a) The traffic generated by any use shall be controlled so as to prevent:
(1) Congestion of the public streets;
(2) Traffic hazards; and
(3) Excessive traffic through residential areas, particularly truck traffic.
(b) Internal traffic shall be so regulated as to ensure its safe and orderly flow. Traffic into and
out of business areas shall in all cases be forward-moving with no backing into streets.
(c) On any corner lot, nothing shall be placed or allowed to grow in such manner as to impede
vision between a height of 2½ and ten feet above the centerline grades of the intersecting
streets within 15 feet of the intersecting street right-of-way lines. This restriction shall also
apply to the planting of crops and to yard grades that result in elevations that impede vision
within 15 feet of any intersecting street right-of-way lines.
(d) Minimum distance for access drives from corners shall be no closer than 20 feet from
intersecting street right-of-way lines.
(Code 1993, § 9-14.01(9))
Sec. 113-377 - Storage of hazardous materials and explosives
(a) All existing uses shall comply with this standard by January 1, 1989.
(b) All uses associated with the bulk storage of over 2,000 gallons of oil, gasoline, liquid
fertilizer, chemicals and similar liquids shall require a conditional use permit in order that
the zoning administrator may have assurance that fire, explosion, water or soil
contamination hazards are not present that would be detrimental to the public health, safety
and general welfare. All existing, aboveground liquid storage tanks having a capacity in
excess of 2,000 gallons shall secure a conditional use permit within 12 months following
enactment of the ordinance from which this chapter is derived; the zoning administrator
shall require the development of diking around said tanks, suitably sealed to hold a leakage
capacity equal to 115 percent of the tank capacity. Any existing storage tank that, in the
opinion of the planning commission, constitutes a hazard to the public safety shall
discontinue operations within five years following enactment of the ordinance from which
this chapter is derived.
(c) No activities involving the commercial storage, use or manufacture of materials or
products which could decompose by detonation shall be permitted except such as are
specifically permitted by the city council. Such materials shall include but not be confined to
all primary explosives such as lead azide and mercury fulminate, all high explosives and
boosters such as TNT, tetryl and nitrates, propellants and components thereof such as
nitrocellulose, black powder and nitroglycerine, blasting explosives such as dynamite, and
nuclear fuel and reactor elements such as uranium 235 and plutonium. Explosives shall
include grain storage and other dust sources.
(Code 1993, § 9-14.01(10))
Sec. 113-378 - Fall-out shelters
Fall-out shelters maybe permitted in any district, subject to the yard regulations of the
district. Such shelters may contain or be contained in other structures or be constructed
separately, and in addition to shelter use, may be used for any use permitted in the district,
subject to the district regulations on such use. A certificate of compliance for these and similar
structures shall be required.
(Code 1993, § 9-14.01(11))
Sec. 113-379 - Guesthouses
(a) Guesthouses for the purpose of this section shall be an accessory building detached from
the principal building with temporary accommodations for sleeping, but having no kitchen
facility. It is intended for the use of persons visiting the occupants of the principal structure.
(b) Guesthouses may be permitted as a conditional use in all residential districts and shall
conform to all requirements of this chapter and other regulations applicable to residential
dwellings including setback and yard requirements in relation to the principal structure.
(c) All guesthouses shall have designated off-street parking spaces.
(Code 1993, § 9-14.01(12))
Sec. 113-380 - Dwelling units in commercial districts
(a) Dwelling units for watchman and family shall be considered as accessory uses and shall
conform to all applicable regulations for the district in which located, except as herein
modified.
(b) A dwelling unit in the commercial district located in a commercial structure shall not
occupy the basement or the front half of the ground floor.
(c) A dwelling unit in a commercial or industrial building shall not contain more than one
bedroom unless said building is part of a planned unit development.
(d) No dwelling unit shall be permitted in a business district except as part of a planned unit
development.
(e) A dwelling unit which is a part of the principal building shall be provided with two exits.
(f) All buildings shall conform to the building code and applicable fire codes.
(g) Residential use shall not be permitted on the ground floor of any building in the B-2
district.
(Code 1993, § 9-14.01(13))
Sec. 113-381 - Coin-operated machines
Commented [HBL10]: Deleting this – this can just be
considered an accessory building, right?
Formatted: Highlight
Commented [HBL11]: How do we update this to allow
multiuse properties without necessarily having to a PUD?
Do we leave this alone for now and address when we do a
deeper dive into City Code?
7/9/24 – I don’t remember what we discussed with this.
Formatted: Highlight
Coin-operated automatic machines dispensing food, soft drinks and other food and materials
shall not be permitted outside of a building.
(Code 1993, § 9-14.01(14))
Sec. 113-382 - Swimming pools
(a) Private swimming pools; general requirements. Private swimming pools as regulated by
this section are defined as any enclosure designed, intended or used for the containment of
water, whether constructed above ground level or below ground level and in excess of 18
inches in depth or 100 square feet of surface area which is designed, intended or used for
swimming, wading or other recreational use by the owner, family, guest of the property
owner without payment of a fee.
(b) Permit required; application; inspection.
(1) Building permit. No swimming pool shall be constructed, excavated or established in
the city without first obtaining a building permit.
(2) Application. An application for permit shall be submitted to the building inspector
which includes the type and size of the pool, together with a site plan containing the
following information:
a. Complete plans and specifications for the construction of the pool.
b. A site plan showing the location of all existing structures on the lot including
house, garage, fences; location of existing underground or overhead wiring, utility
easements, trees and similar other significant improvements or natural features; and
location of structures on adjacent lots.
c. The proposed location of pumps, filters, wiring, electrical sources, protective
fencing, back flush and drainage outlets, grading plans and finish elevation around
the pool.
(3) Inspection. All wiring, installation of heating units, grading, installation of pipe, or
other construction shall be subject to inspection and shall conform to the state building
code.
(c) Minimum setback requirements.
(1) Utility lines. No pool shall be located within ten feet (measured horizontally) of
underground or overhead utility lines of all types.
(2) Easements. No pool shall be located within any private or public utility, drainage,
walkway or other easement.
(3) Special rules; single-family districts. Special rules for pools in single-family
residential districts:
a. Rear yard setback. No pool shall be located within eight feet of any rear lot line.
b. Side yard setback. No pool shall be located within five feet of any side lot line.
c. Front yard setback. No pool shall be located within five feet of any required front
yard.
d. Setback to existing structures. No pool shall be located within six feet of any
principal structure or footing.
e. Setback requirements for pool equipment. No pool filter unit, pump, heating unit
and/or any other noisemaking mechanical equipment shall be located within 25 feet
of any residential structure on adjacent property and not closer than eight feet to
any lot line.
(4) Special rules; two-family or multiple-family. This paragraph applies to pools in two-
family residential districts or multiple-family residential districts. Private swimming
pools intended for and used by occupants and guests of occupants of multiple-family
dwellings shall adhere to the following regulations:
a. No part of the water surface of the swimming pool shall be closer than 50 feet to
any lot line.
b. No pumps, filter, or other apparatus used in connection with the pool shall be
located closer than 50 feet to any lot line.
(d) Miscellaneous requirements.
(1) Liability. All pools shall be so constructed as to avoid hazard, damage or considerable
inconvenience to adjacent property owners or property. The property owner shall be
liable for damages to any business or private property caused during pool construction.
(2) Drainage. All back flushing or pool drainage water shall be directed onto the owner's
property or onto approved public drainageways, and shall not drain onto adjacent
private land. Drainage onto public streets or other public drainageways shall require a
conditional use permit.
(3) Lighting. Any pool lighting aboveground shall be directed toward the pool and not
toward adjacent property.
(4) Filling of the pool. Filling of pools from fire hydrants or other public facilities shall
require the permission of the appropriate city officials.
(e) Protective fencing.
(1) Height. Pools shall be completely enclosed with four-foot fencing which shall
effectively prevent the entrance of children and be without external hand or foot holds
that would enable a child to climb over it. Chainlink fence may be used. Fencing of
aboveground pools shall not be required if the pool sides meet the fence stipulations
above and it is provided with a removable ladder.
(2) Gates and latches. The fence openings shall be equipped with self-closing gates and
self-latching devices. All the openings shall be inaccessible to small children and at
least four feet from ground level. In the alternative, the perimeter of the yard, including
driveway entrance, may be fenced and enclosed. The opening between the bottom of the
fence and gates and the ground shall be no more than four inches.
(3) Posts. All fence posts shall be placed no further than eight feet apart and be of decay-
or corrosion-resistant materials and shall be set in concrete bases or other suitable
method.
(4) Construction fence. No person shall fill or cause to be filled a newly constructed pool
or a pool under construction with water to a depth of more than 18 inches until the
building inspector authorizes the filling of the pool with water. Such authorization shall
be withheld until, as a minimum, the permittee has completely enclosed the swimming
pool with a construction fence. This requirement does not apply to aboveground pools if
the walls are at least four feet above grade. Said construction shall be:
a. Snow fence or similar design and securely anchored in place.
b. Constructed with its base flush to the ground.
c. At least four feet in height and have supportive posts placed no more than eight
feet apart.
d. In place until a permanent fence completely enclosing the pool is installed to the
specifications identified above and said fence is approved by the building inspector.
Said installation and approval shall be achieved no later than ten days after the
building inspector authorized the filling of the pool.
(f) Additional permits.
(1) Separate permit for certain structures. Unless included within the swimming pool
permit, a separate building permit shall be required for any pump house, filter house,
pool enclosure or any other structure erected in conjunction with a swimming pool.
Such structures shall conform to all provisions of the building code. Such structures
shall also conform to the setback requirements set forth in subsection (c) of this section.
(2) Permit required for changes. All changes, alterations or improvements made to
swimming pools or accessory structures other than routine maintenance shall require a
permit.
(Code 1993, § 9-14.01(15))
Sec. 113-383 - Service stations
(a) Conformance with minimum requirements. Before a permit for a service station is granted,
the minimum requirements of the zoning district in which the service station is to be located
shall be met.
(b) Regulations. A drainage system, subject to approval by the city engineer, shall be installed.
The entire site other than that taken up by a structure or planting, shall be surfaced with
concrete or other material approved by the zoning administrator. Pump islands shall not be
placed in the required yards. A box curb not less than six inches above grade shall separate
the public right-of-way from the motor vehicle service areas, except at approved entrances
and exits. No driveways at a property line shall be less than 50 feet from the intersection of
two street right-of-way lines. Each service station shall have at least two driveways with a
minimum distance of 170 feet between centerlines when located on the street.
(c) Parking regulations. No vehicles shall be parked on the premises other than those utilized
by employees or awaiting service. No vehicle shall be parked or be awaiting service longer
than 15 days.
(d) Exterior storage; items for sale. Exterior storage besides vehicles shall be limited to
service equipment and items offered for sale on pump islands; exterior storage of items
offered for sale shall be within yard setback requirements and shall be located in containers
such as the racks, metal trays, and similar structures designed to display merchandise.
Existing service stations shall comply with this requirement within three months of the
effective date of the ordinance from which this chapter is derived.
(e) Screening; maintenance. All areas utilized for the storage, disposal of debris, discarded
parts and similar items shall be fully screened. All structures and grounds shall be
maintained in an orderly, clean and safe manner. Existing service stations shall comply with
this requirement within nine months of the effective date of the ordinance from which this
chapter is derived.
(f) Business activities not permitted. Business activities not listed in this section are not
permitted on the premises of a service station unless a conditional use permit is obtained
specifically for such business. Such activities include but are not limited to the following:
(1) Automobile and truck wash;
(2) Rental of vehicles, equipment, or trailers; and
(3) General automobile retail sales.
(Code 1993, § 9-14.01(16))
Sec. 113-384 - Drainage
(a) No land shall be developed or altered and no use shall be permitted that results in surface
water runoff causing unreasonable flooding, erosion or deposit of minerals on adjacent
properties or water bodies. Such runoff shall be properly channeled into a storm drain, a
natural watercourse or drainageway, a ponding area or other public facility.
(b) The zoning administrator, upon inspection of any site which has created drainage problems
or could create drainage problems with proposed new development, may require the owner
of said site or contractor to complete a grading plan and apply for a grading permit.
(c) The owner or contractor of any natural drainage improvement or alteration may be required
by the zoning administrator to obtain recommendations from the state department of natural
resources, the soil conservation agent, the affected watershed district, and/or the community
engineer, as well as obtaining a local grading permit.
(d) On any slope in excess of 13 percent where, in the opinion of the zoning administrator, the
natural drainage pattern may be disturbed or altered, the zoning administrator may require
the applicant to submit both a grading plan and a soil conservation plan prior to applying for
a building permit.
(Code 1993, § 9-14.01(17))
Sec. 113-385 - Access drives; construction standards
(a) Limit of access drives. The number and types of access drives onto major streets may be
controlled and limited in the interests of public safety and efficient traffic flow.
(b) Restrictions. Access drives may not be placed closer than five feet to any side or rear lot
line. No access drive shall be closer than three feet to any single- or two-family residence,
no closer than five feet to any multiple-family building or commercial building. The number
and types of access drives onto major streets may be controlled and limited in the interests
of public safety and efficient traffic flow.
(c) Access permit. Access drives onto major roads or any alley shall require an access permit
from the zoning administrator. This permit shall be acquired prior to the issuance of any
building permits. The zoning administrator shall determine the appropriate location, size and
design of such access drives and may limit the number of access drives in the interest of
public safety and efficient traffic flow. The zoning administrator may refer the request for an
access drive permit onto a road to the planning commission for their comments.
(d) Design/construction standards. Driveway/accessway design and construction standards are
as follows:
(1) For all driveways (resurfaced, reconfigured, reconstructed, relocated, new):
a. All driveways and off-street parking areas shall be permanently surfaced with
either concrete or asphalt or impervious decorative pavement such as brick between
the street and garage. (This does not require the resurfacing of existing driveways
with parallel tracks into one contiguous surface.)
b. The minimum pavement thickness for asphalt driveways shall be two inches of
bituminous surfacing on four inches of aggregate base. The minimum pavement
thickness for concrete driveways shall be 3½ inches of concrete for R-1 and R-2
structures and six inches of concrete for multiple-family and commercial buildings.
Two inches of aggregate base is required for all concrete driveways.
c. The minimum driveway slope as measured from the edge of the street to the right-
of-way line, shall be one percent and the maximum driveway slope shall be ten
percent.
d. In areas where sidewalks currently exist, all new or reconstructed driveways shall
require six inches deep concrete sidewalk to be constructed to match the existing
sidewalk width, when the existing sidewalk is affected by the permanent change.
(2) For new, reconfigured and relocated driveways:
a. All new driveways connecting to existing concrete curb and gutter section shall be
constructed with a five-foot radius. The existing concrete curb and gutter at the
driveway opening shall be removed from the nearest joints to the driveway
location. Saw cutting of the existing curb will not be allowed. Concrete gutter shall
be placed through the driveway opening to properly drain the street. Expansion
joint material shall be placed at the curb, sidewalk (if applicable) and right-of-way
line as part of the driveway construction.
b. The minimum driveway angle to the street, at the driveway opening, shall be 60
degrees.
c. Setbacks:
1. Driveways must be at least five feet from any rear or side lot line.
2. Driveways must meet the corner side yard setback requirements for garages in
section 113-240(e).
3. Driveways shall not be closer than three feet to any single- or two-family
residence or five feet to any multiple-family building or commercial building.
d. Openings:
1. Driveway openings shall be a minimum of five feet from the side yard
property line.
2. The minimum distance between driveway openings on the same lot shall be 25
feet where two openings are allowed in this chapter.
(e) Emergency vehicle access. All lots or parcels shall have direct adequate physical access for
emergency vehicles along the frontage of the lot or parcel from either an existing dedicated
public roadway, or an existing private roadway approved by the planning commission.
(f) Proximity to corner. Access drives shall not be closer than 20 feet to a corner.
(g) Permit to public roads. A driveway access permit to a public road shall be secured from
the public agency with jurisdiction and maintenance responsibilities over the road, prior to
the issuance of a building permit.
(Code 1993, § 9-14.01(18); Ord. No. 0-91-10, § 3, 6-19-1991)
Sec. 113-386 - Tennis courts
(a) In all districts, the following standards shall apply:
(1) A conditional use permit shall be required for all public, semi-public and commercial
tennis courts.
(2) An application for a conditional use permit shall include a site plan showing:
a. The size, shape and pavement and subpavement materials;
b. The location of the court, the location of the house, garage, fencing, septic systems
and any other structural improvements on the lot;
c. The locations of structures on all adjacent lots;
d. A grading plan showing all revised drainage patterns and finished elevations at the
four corners of the court;
e. Landscaping and turf protection around the court;
f. Location of existing and proposed wiring and lighting facilities.
(b) Tennis courts shall not be located closer than ten feet on any side or rear lot line. Tennis
courts shall not be located within any required front yard.
(c) Tennis courts shall not be located over underground utility lines of any type, nor shall any
court be located within any private or public utility, walkway, drainage or other easement.
(d) Solid tennis court practice walls shall not exceed ten feet in height. A building permit shall
be required for said walls. Said walls shall be set back a minimum of 30 feet from any lot
line.
(e) Chainlink fencing surrounding the tennis court may extend up to ten feet in height above
the tennis court surface elevation.
(Code 1993, § 9-14.01(19))
Sec. 113-387 - Vegetation cutting
(a) Definitions. The following words, terms and phrases, when used in this section, shall have
the meanings ascribed to them in this subsection, except where the context clearly indicates
a different meaning:
Clear cutting means the removal of all live vegetation in excess of six inches in diameter at
four feet of height on any area of 20,000 square feet or more in size.
Selective cutting means the removal of single scattered live trees or shrubs in excess of six
inches in diameter at four feet of height.
(b) Clear cutting prohibited. Clear cutting of vegetation shall not be permitted within any
required yard of any lot or parcel within any zoning use district except as may be approved
by the zoning administrator.
(c) Selective cutting conditional. Selective tree cutting may occur on any lot provided any
cutting on slopes of greater than 18 percent shall require a soil conservation district
revegetation plan prior to issuance of a building permit.
(Code 1993, § 9-14.01(20))
Sec. 113-388 - Building permits and visual standards
(a) Appearance of city. It is hereby affirmed as essential public policy that the appearance of
the city is a proper matter for public concern, and that all open spaces, buildings, signs,
plantings and surfaces which may be seen from the public ways are subject to regulation and
the provisions of this chapter.
(b) Information submitted to zoning administrator. Before construction may begin and before
a permit is issued for any building, structure or land use other than a one-family, detached
dwelling home, a complete set of plans shall be submitted to the zoning administrator
including lot size, building location, drives, parking, loading areas, storage, utilities, fences,
sidewalks, screening, landscaping, exterior elevation of the proposed building, and such
other information as may be required or requested.
(c) Refusal of construction permit. The zoning administrator may, in any case, submit said
plans for review by the planning commission and may refuse to issue construction permits if
the development design is deemed incompatible with adjacent and nearby land uses and
development and/or not meeting the general standards for appearance established by existing
development throughout the city.
(Code 1993, § 9-14.01(21))
Sec. 113-389 - Quasi-public structures
No quasi-public structure shall be located within the public right-of-way except by
conditional use permit. Such structures shall include trash containers, bicycle racks, benches,
planting boxes, awnings, flagpoles, light standards, stairs, light wells, loading well, church
directional signs, bus stop shelters and similar uses including vehicle parking.
(Code 1993, § 9-14.01(22))
Sec. 113-390 - Relocation of structures
No building, accessory building, or other major structure shall be relocated to a site within
or from without the city without a permit. In the case of buildings, advice may be requested from
the planning commission as to appearance, use conformity, and other considerations. (See
section 113-5(f).)
(Code 1993, § 9-14.01(23))
Sec. 113-391 - Home occupations
(a) Purpose. The purpose of this section is to define and regulate home occupations so as to
permit only those home occupations that are compatible with other permitted uses and with
the residential character of neighborhoods. An additional purpose of this section is to protect
the health, safety, and general welfare of the surrounding neighborhood. No home
occupation shall be permitted which does not conform to the definition, procedures and
requirements which follow in this section.
(b) Definition. A home occupation is a gainful occupation carried on in a dwelling unit, and
not in any accessory building, within a residential district. The occupation shall clearly be
secondary to the use of the dwelling for residential purposes, and shall not change its
character.
(c) License required. No person shall conduct a home occupation without first having obtained
a license from the zoning administrator and the approval of the council. Application for
licenses, accompanied by the appropriate fee, shall state facts that constitute the basis for
compliance with the requirements set forth in subsection (d) of this section. Home
occupations for disabled persons that do not meet these conditions may apply for a
conditional use permit.
(d) Requirements. The following requirements shall apply to home occupations within the
city:
(1) No home occupations shall be permitted which may be detrimental to adjacent or
nearby residential amenities.
(2) No home occupation shall be permitted which may increase the risk of fire or use of
rescue squads at a greater level than would normally be expected in a residential
district.
(3) Exterior storage shall not be permitted.
(4) Adequate off-street parking space for the home occupation must be available as
approved by the zoning administrator; however, no home occupation shall be granted
that creates the need for more than two parking spaces in addition to those already used
by the occupants of the dwelling.
(5) No accessory uses in conjunction with a home occupation shall be permitted.
(6) No home occupation shall be permitted within an accessory building, unless the
accessory building is an accessory dwelling unit (as defined in this chapter).
(7) No signs other than those normally utilized in a residential district shall be permitted.
(8) No over-the-counter retail or wholesale sales shall be permitted.
(9) Entrance to the home occupation shall be gained from within the structure with no
separate exterior entrance.
(10) No stock in trade shall be stored on the premises.
(11) Only occupants of the dwelling unit may engage in the home occupation.
(12) No more than 20 two-way additional vehicle trips per day shall be generated by a
home occupation.
(13) No home occupation shall be permitted which requires the use of commercial vehicle
more often than would normally be expected in a residential district. For the purpose of
this section, commercial vehicle shall be defined as a nonpassenger vehicle (as
passenger vehicle is defined in section 113-310(1)d.).
(14) No home occupation shall produce light, glare, noise, odor or vibration that has an
objectionable effect on a nearby property.
(15) No equipment shall be used in a home occupation that creates electrical interference
to surrounding property owners' radio or television signals.
(16) No home occupation shall be conducted between the hours of 9:00 p.m. and 9:00
a.m. on weekdays, or between the hours of 6:00 p.m. and 10:00 a.m. on weekends and
holidays.
(17) No home occupation shall cause an increase in sewer or water usage that exceeds the
normal range for residents in the city.
(18) Not more than 20 percent of the gross area of the dwelling unit shall be used to
conduct a home occupation. The appearance of a residential dwelling shall in no way be
changed or altered in a manner which would cause the premises to differ from its
residential character.
(Code 1993, § 9-14.01(24); Ord. No. 0-93-09, §§ 1-3, 11-24-1993)
Sec. 113-392 - Prohibited dwelling units
No cellar, garage, tent, trailer, basement, or unfinished home or accessory building, shall be
used as a dwelling unit. Accessory dwelling units are exempt from this restriction.
(Code 1993, § 9-14.01(25))
Sec. 113-393 - Solar systems
Access to sunlight for active and passive solar systems shall be protected in accordance with
the City Code and all applicable state statutes and regulations.
(Code 1993, § 9-14.01(27); Ord. No. 13-05, § 3, 11-13-2013)
Secs. 113-394 – 113-399 - Reserved
DIVISION 4 - SPECIAL EVENTS
Sec. 113-400 - Purpose and intent
The purpose of this division is to promote the orderly, compatible and safe use of property
for special events and to assure adequate provision of parking, traffic, sanitary facilities, utilities,
peace and tranquility of residential neighborhoods and safety services.
(Ord. No. 13-01, § 2, 4-10-2013)
Sec. 113-401 - Permit required
No person on or after the effective date of this division shall conduct or allow to be
conducted any special event as defined in this division without first obtaining a special event
permit. No special event may be scheduled during the Minnesota State Fair or for one week prior
and one week following the Minnesota State Fair.
(Ord. No. 13-01, § 2, 4-10-2013)
Sec. 113-402 - Permit standards
The following standards shall apply to all special events:
(1) Maximum number of people. The permittee shall not sell tickets to nor permit
attendance at the permit location of more than the maximum number of people stated in
the special event permit.
(2) Sound equipment. Sound producing equipment, including, but not limited to, public
address systems, radios, phonographs, musical instruments and other recording devices,
shall not be operated on the premises of the special event so as to be unreasonably loud
or be a nuisance or disturbance to the peace and tranquility of the citizens of Falcon
Heights.
(3) Sanitary facilities. In accordance with Minnesota State Board of Health regulations
and standards, adequate sanitary facilities must be provided which are sufficient to
accommodate the projected number of person expected to attend the event.
(4) Security. The permittee shall employ at his or her own expense such security
personnel as are necessary and sufficient, including off-duty police officers, to provide
for the adequate security and protection of the maximum number of persons in
attendance at the special event and for the preservation of order and protection of
property in and around the event site. No permit shall be issued unless the city's police
chief is satisfied that such necessary and sufficient security personnel will be provided
by the permittee for the duration of the event.
(5) Food service. If food service is available on the premises, it shall be offered only by a
holder of a retail food handler's license issued by Ramsey County Health Department.
(6) Fire protection. The permittee shall, at his or her own expense, take adequate steps to
insure fire protection as determined by the fire chief.
(7) Duration of special event. Special events are allowed only on the days and hours
specified on the permit. Special events must end by 9:00 p.m. and may not commence
before 7:00 a.m. All structures, equipment, displays and refuse must be removed within
24 hours of the end time and date specified on the permit. Setting up for the event may
commence not more than 24 hours before the time and date specified on the permit. No
set up or removal activities shall occur between 10:00 p.m. and 7:00 a.m. An event may
not exceed two consecutive calendar days and not more than one special event is
allowed on a property at a time. There shall be no more than three special events per
calendar year per property. However, each tenant in a multi-tenant building shall be
permitted one special event per year. Multi-tenant buildings with less than five lease
spaces shall be considered as a single property for purposes of this provision.
(8) Cleanup plan. The special event applicant is responsible for cleanup. Any cleanup
required by the city may be charged to the applicant. Any city service that requires
overtime will be at the expense of the applicant.
(9) Accessory use. The special event must be accessory to or promoting the established
permitted or conditional use of the site.
(10) Structures. Tents, stands, and other similar temporary structures may be used,
provided they are clearly identified on the submitted plan and provided that it is
determined by the city administrator that they will not impair the parking capacity,
emergency access, or the safe and efficient movement of pedestrian and vehicular traffic
on or off the site. Temporary structures must be in compliance with applicable statutory
and ordinance requirements.
(11) Parking. The submitted plan shall clearly demonstrate that adequate parking for the
proposed event can and will be provided for the duration of the event. Determination of
compliance with this requirement shall be made by the city administrator, who shall
consider the nature of the event and the applicable parking requirements of article VI,
division 2 of this chapter. Consideration shall be given to the parking needs and
requirements of other occupants in the case of multi-tenant buildings. Parking on local
streets is allowed provided that the petitioner arranges for traffic control by off-duty
police officers, as approved in writing by the police chief, at the petitioner's expense. If
off-street parking on private property not owned by the applicant is to be used for the
event, written approval from that property's owner must be submitted with the permit
application.
(12) Signage. Signage related to the special event shall be in compliance with the
temporary sign standards of article VII of this chapter and shall be allowed for the
duration of the event. The city administrator may authorize special signage for purposes
of traffic direction and control; the erection and removal of such signage shall be the
responsibility of the applicant.
(13) Display of permit. The approved permit shall be displayed on the premises for the
duration of the event.
(14) Waiver. The city administrator may grant a waiver from any of the requirements of
this division in any particular case where the applicant can show that strict compliance
with this division would cause exceptional and undue hardship by reason of the nature
of the special event or by reason of the fact that the circumstances make the requirement
of this division unnecessary. Such waiver must be granted without detriment to the
public health, safety or welfare and without impairing the intent and purpose of these
regulations.
(15) Insurance. Before the issuance of a permit, the permittee shall obtain public liability
insurance and property damage insurance with limits determined by the city
administrator. Limits for bodily injury and death shall be not less than $1,00,000.00 for
one person and $1,000,000.00 for each occurrence; limits for property damage shall be
not less than $200,000.00 for each occurrence; or a combination single limit policy of
$2,000,000.00 or more. The city shall be named as an additional insured on the policy
on a primary and noncontributory basis. Such insurance shall remain in full force and
effect in the specified amounts for the duration of the permit. Evidence of insurance
shall include an endorsement to the effect that the insurance company will notify the
city clerk in writing at least ten days before the expiration or cancellation of the
insurance.
(16) Miscellaneous. Prior to the issuance of a permit, the city administrator may impose
any other conditions reasonably calculated to protect the health, safety and welfare of
persons attendant or of the citizens of the City of Falcon Heights.
(Ord. No. 13-01, § 2, 4-10-2013; Ord. No. 21-01, § 5, 01-13-2021)
Sec. 113-403 - Application procedures
A written application for a special event permit shall be filed on forms provided by the city
with the city clerk not less than 30 days before the date proposed for holding the special event.
The written application shall be signed by the person, persons, or parties conducting the event
and shall be accompanied by the fee payable hereunder. Upon submission of an application for a
special event permit, city staff will review the request and advise the applicant of the need for
additional information, if any.
(Ord. No. 13-01, § 2, 4-10-2013)
Sec. 113-404 - Fees
The fee for a special event license shall be as established by the city council.
(Ord. No. 13-01, § 2, 4-10-2013)
Sec. 113-405 - Granting a permit
Permits may be issued by the city administrator if the administrator determines the
requirements of this division have been met. If the city administrator determines the activity does
not meet these criteria, such application shall be denied.
(Ord. No. 13-01, § 2, 4-10-2013)
Sec. 113-406 - Denial of permit
If the city administrator denies the permit, the permit applicant may appeal the decision to
the city council by filing a notice of appeal with the city clerk within ten days.
(Ord. No. 13-01, § 2, 4-10-2013)
Sec. 113-407 - Transferability
No permit granted under this division shall be transferred to any other person or place
without consent of the city administrator, upon written application made therefore.
(Ord. No. 13-01, § 2, 4-10-2013)
Sec. 113-408 - Enforcement and penalties
(a) The police department and other such officers, employees, or agents as the city council or
city administrator may designate, shall enforce the provisions of this division.
(b) The holding of a special event in violation of any provision of this division shall be
deemed a public nuisance and may be abated as such.
(c) Any person violating any provision of this division is guilty of a misdemeanor and upon
conviction shall be subject to the penalties set forth in Minnesota Statutes.
(Ord. No. 13-01, § 2, 4-10-2013)
Sec. 113-409 - Revocation of permit
The permit for a special event may be revoked by the city administrator for failure to
comply with the provisions of this division and conditions of the permit. The revocation may be
appealed to the city council by filing a written notice of appeal within ten days of the revocation
with the city clerk.
(Ord. No. 13-01, § 2, 4-10-2013)
Secs. 113-410 – 113-414 - Reserved
ARTICLE VII - SIGNS
DIVISION 1 - GENERALLY
Sec. 113-415 - Noncommercial speech
The owner of any sign that is otherwise allowed by this article may substitute
noncommercial speech in lieu of any other commercial speech or noncommercial speech. This
substitution of copy may be made without any additional approval or permitting. The purpose of
this section is to prevent any inadvertent favoring of commercial speech over noncommercial
speech or favoring of any particular noncommercial speech over any other noncommercial
speech. This section prevails over any more specific provision to the contrary. All
noncommercial signs of any size may be posted in any number from 46 days before the state
primary in a state general election year until ten days following the state general election subject
to the applicable provisions of M.S. 211B.045.
(Ord. No. 10-04, § 1, 6-9-2010)
Sec. 113-416 - Permits
(a) Permit required. Except as otherwise provided in this section, no sign or structure shall be
erected, constructed, altered, replaced with a dynamic display sign, rebuilt or relocated
except as provided in this article and until a permit for the same has been issued by the
zoning administrator upon application and to include such information as is required for a
complete understanding of the proposed work.
(b) Exceptions. No permit will be required for the following:
(1) A change of copy on any advertising sign.
(2) A nameplate (identification) sign not exceeding two square feet of display surface on
residence property stating only the name, address and profession of an occupant.
(3) A ground sign advertising either the sale or rental of the premises upon which it is
maintained when such sign does not exceed ten square feet of display surface.
(4) Street, warning and other official or nonadvertising signs erected by a governmental
body or by others where required pursuant to a legal authority.
(5) Election signs except those to be displayed on new, permanent structures or
supporting elements. The only exemptions permitted by this paragraph shall apply only
construed as relieving the owner of the sign from responsibility for its erection and
maintenance in a good and safe condition.
(6) Noncommercial signs not exceeding ten square feet.
(c) Permit fee and issuance.
(1) An application for a permit shall be accompanied by a fee as per the approved permit
fee schedule of the city.
(2) It shall be the duty of the zoning administrator, upon the filing of an application to
examine the plans and specifications and other data and the premises upon which it is
proposed to erect the sign or other advertising structure or display. If it shall appear that
the proposed structure is in compliance with the requirements of this chapter, the zoning
administrator shall then issue the erection permit.
(d) Expiration of permit. If the work authorized under an erection permit has not been
completed within six months after the date of issuance, the permit shall become null and
void.
(Code 1993, § 9-13.01(1)-(4); Ord. No. 08-03, § 2, 8-27-2008)
Sec. 113-417 - Periodic inspection
The zoning administrator shall inspect every three years or at such other times as deemed
necessary each sign, except residential, regulated by this article, to ascertain whether the same is
secure or insecure and whether it is in need of removal or repair. To meet the expenses of such
inspection, the permittee thereof shall pay to the city a fee as established and required by the city
council. No inspection fee other than the original permit fee shall be charged during the calendar
year in which the sign or other advertising structure is erected. The zoning administrator may
maintain on file a photograph of any or all signs in place in the city; a new photograph may be
taken at the time of each inspection.
(Code 1993, § 9-13.01(5))
Sec. 113-418 - Height abovegrade level
Except for necessary poles, uprights, pedestals, and other supporting structural elements, no
portion of any sign shall be less than eight feet abovegrade level except for ground signs that are
designed such that they present no hazard to pedestrians or vehicles. Signs that are erected near
public streets or other vehicular drives shall be erected at sufficient height to avoid contact with
said vehicles.
(Code 1993, § 9-13.01(6))
Sec. 113-419 - General setback requirements
Except as provided by conditional use permit, in any district, any portion of any sign
exceeding 1½ square feet shall be set back ten feet from any street right-of-way line and five feet
from any residentially zoned property line.
(Code 1993, § 9-13.01(7))
Sec. 113-420 - Painting requirement
The owner of any sign as defined and regulated by this article shall be required to have such
sign properly painted at least once every two years, or as needed, including all parts and supports
of the sign, and structures and backs of signs shall be painted a neutral color, unless such parts
and supports are galvanized or treated otherwise to prevent rust. The need for painting shall be as
determined by the zoning administrator.
(Code 1993, § 9-13.01(8))
Sec. 113-421 - Required marking on sign
Every sign or other advertising structure, when erected, shall have painted in a conspicuous
place thereon, in letters not less than one inch in height, the date of erection, the permit number
and the voltage of any electrical apparatus used in connection therewith.
(Code 1993, § 9-13.01(9))
Sec. 113-422 - Removal of obsolete and nonconforming signs
Any sign which does not conform to the regulations provided by this article shall be taken
down and removed by the owner, agent or person having the beneficial use of the property,
building or structure upon which the sign may be found within five years after the effective date
of the ordinance from which this section is derived. After the expiration of the said five years and
upon written notification from the zoning administrator, to the landowner and/or sign owner, said
sign shall be removed within ten days and upon failure to comply with such notice within the
time specified in such order, the zoning administrator is hereby authorized to cause removal of
such sign and any expense incident thereto shall be paid by the owner of the sign or the owner of
the property or of the building or structure to which such sign is attached.
(Code 1993, § 9-13.01(10))
Sec. 113-423 - Unsafe and unlawful signs
(a) If the zoning administrator shall find that any sign or other advertising structure regulated
by this article is unsafe or insecure, or is a menace to the public or no longer advertises a
bona fide business conducted or products sold, or has been constructed or erected or is being
maintained in violation of the provisions of this article, he or she shall give written notice to
the permittee thereof. If an unsafe or unlawful sign has not been removed within 60 days
following written notice to landowner and/or sign owner, said sign may be removed with
approval by the city council at the direction of the zoning administrator with the costs of
such removal assessed to the owner of the sign.
(b) If the permittee fails to remove or alter the structure so as to comply with the standards set
forth in this article within ten days after such notice, such sign or other advertising structure
may be removed or altered to comply with this article by the zoning administrator at the
expense of the permittee or owner of the property upon which it is located. The zoning
administrator may cause any sign or other advertising structure which is in immediate peril
to persons or property to be removed summarily and without notice.
(Code 1993, § 9-13.01(11))
Sec. 113-424 - Obstruction of fire escapes
No sign shall be erected, constructed or maintained so as to obstruct any fire escape, or any
window or door or opening used as a means of egress or for firefighting purposes, or so as to
prevent free passage from one part of a roof to another part thereof. No sign shall be attached in
any form, shape or manner to a fire escape nor be so placed as to interfere with an opening
required for legal ventilation.
(Code 1993, § 9-13.01(12))
Sec. 113-425 - Conformity with zoning and building codes
Except as allowed under the provisions of this article relating to projecting signs, every sign
for which a permit is required shall rigidly conform to the requirements of rear yards, side yards,
and setback restrictions of the zoning area district, of the lot upon which such sign is to be or is
located and of any lot contiguous thereto as fully as if such sign were a part of the building wall
or roof, except that the lighting reflectors may project beyond the top of such sign. All signs shall
be in accordance with applicable provisions of the city building code.
(Code 1993, § 9-13.01(13))
Sec. 113-426 - Nonconforming signs-Compliance
It is recognized that signs exist within zoning districts that were lawful before this sign
ordinance was enacted, which would be prohibited, regulated or restricted under the terms of this
chapter or future amendments. It is the intent of this sign ordinance that nonconforming signs
shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other signs
or uses prohibited elsewhere in the same district. It is further the intent of this sign ordinance to
permit legal nonconforming signs existing on the effective date of this sign ordinance, or
amendments thereto, to continue as legal nonconforming signs provided such signs are safe, are
maintained so as not to be unsightly, and have not been abandoned or removed subject to the
following provisions:
(1) No sign shall be enlarged or altered in a way which increases its nonconformity.
(2) Should such sign or sign structure be destroyed by any means to an extent greater than
50 percent of its replacement cost and no building permit has been applied for within
180 days of when the property was damaged, it shall not be reconstructed except in
conformity with the provisions of this section.
(3) Should such sign or sign structure be moved for any reason for any distance
whatsoever, it shall thereafter conform to the regulations for the zoning district in which
it is located after it is moved.
(4) No existing sign devoted to a use not permitted by the zoning code in the zoning
district in which it is located shall be enlarged, extended or moved except in changing
the sign to a sign permitted in the zoning district in which is it located.
(5) When a structure loses its nonconforming status all signs devoted to the structure shall
be removed and all signs painted directly on the structure shall be repainted in a neutral
color or a color which will harmonize with the structure.
(Ord. No. 08-03, § 3, 8-27-2008)
Secs. 113-427 – 113-448 - Reserved
DIVISION 2 - RESTRICTIONS BY ZONING DISTRICTS
Sec. 113-449 - Signs permitted in residential districts
Signs are permitted in the R-1, R-2, R-3, R-4 and, R-5M districts only as follows:
(1) For the purpose of selling, renting or leasing property, a sign not in excess of ten
square feet in gross surface area may be placed within the front yard, not less than 15
feet from a property line.
(2) Temporary poster signs for political advertising may be posted but must be removed
by those responsible for their being posted within ten days following the election for
which the sign was posted.
(3) Signs containing noncommercial speech.
(4) One nameplate sign for each dwelling unit that shall not exceed two square feet in area
per surface, and no sign shall have more than two display surfaces.
(5) No sign shall be located within three feet of the property line.
(6) Churches, schools and other institutional users, allowed by virtue of pre-existing or
conditional use, may have an illuminated sign not exceeding 50 square feet in gross
surface area. Temporary signs advertising a special event may be posted after receiving
a permit from the zoning administrator, and such sign shall not be greater than 70
square feet in gross surface area, not less than 30 feet from a property line and shall not
be displayed longer than 30 days.
(7) Address numbers four inches on the house and alley side of garage.
(8) Signs other than those listed above require a conditional use permit.
(9) In the R-5M district signs allowed in the B-2 district are allowed for B-2 uses.
(Code 1993, §§ 9-4.01(6), 9-5.01(6), 9-7.01(6), 9-13.02(1); Ord. No. 10-06, § 8, 9-8-2010)
Sec. 113-450 - Business districts
(a) Business district B-2.
(1) Types of signs allowed. Business, dynamic display signs, nameplate, identification,
illuminated, ground, pedestal, political, real estate sales, temporary, wall and courtesy
bench signs.
(2) Number of each type of sign allowed per lot frontage. One real estate sales sign, two
temporary signs, one nameplate sign, and one political sign. Courtesy bench signs are
permitted on licensed courtesy benches.
(3) Size:
a. Except as provided herein, the total square footage of permanent sign area for each
business shall not exceed one square foot of sign area for each lineal foot of
unsigned building frontage, except where a location is a corner lot, the amount may
be increased by one-half square foot of sign area per front foot of building.
b. No individual sign shall exceed 50 square feet in area.
c. Each real estate sales sign, temporary sign, and political sign shall not exceed 20
square feet in area.
d. Each nameplate sign shall not exceed 40 square feet in area.
(4) Height. The top of the display shall not exceed ten feet above the average grade for
pedestal and ground signs, and not higher than the outside wall or parapet for wall
signs.
(5) Setback. Any sign over six square feet shall be set back at least ten feet from any lot
line. In no case shall any part of a sign be closer than two feet to a vertical line drawn at
the property line. All signs over 20 square feet shall be set back at least 50 feet from any
residential district.
(6) Corner lots. In the case of corner lots, the longer of the two walls may be used to
compute all usable sign area.
(7) Alleys shall not be considered a public street.
(8) Signs on nonconforming uses shall be considered as if zoned B-1.
(9) The owner or lessee of any sign, or the owner of the land on which the sign is located
shall keep the grass, weeds, or other growth cut and the area free from refuse between
the sign and the street and also for a distance of six feet behind and at the ends of said
sign.
(b) Business districts B-1 and B-3.
(1) Types of signs allowed. Business, nameplate, identification, illuminated, ground,
pedestal, political, real estate sales, temporary, wall and courtesy bench signs. Dynamic
display signs are permitted in B-3 districts only.
(2) Number of each type of sign allowed per lot frontage. One real estate sales sign, two
temporary signs, one nameplate sign, one political sign for each candidate, and one
business sign or one shopping center sign. If a shopping center sign is used, each
business establishment located in the shopping center shall also be permitted one
business or nameplate sign. Courtesy bench signs are permitted on licensed courtesy
benches.
(3) Size:
a. Except as provided herein, the total square footage of permanent sign area for each
business shall not exceed two square feet of sign area for each lineal foot of
unsigned building frontage, except where a location is a corner lot, the amount may
be increased by one square foot of sign area per front foot of building along a side
lot line.
b. No individual sign shall exceed 150 square feet in area.
c. Each real estate sales sign, temporary sign, and political sign shall not exceed 20
square feet in area.
d. Each nameplate or business sign shall not exceed 75 square feet in area.
(4) Height. The top of the display shall not exceed 35 feet in height above grade except
that roof signs shall not be permitted.
(5) Setback. Any sign over six square feet shall be set back at least ten feet from any lot
line. In no case shall any part of a sign be closer than two feet to a vertical line drawn at
the property line. All signs over 50 square feet shall be set back at least 50 feet from any
residential or agricultural district.
(Code 1993, § 9-13.02(2), (3); Ord. No. 0-93-07, §§ 8, 9, 7-28-1993; Ord. No. 0-96-01, § 5, 2-
28-1996; Ord. No. 05-01, §§ 3, 4, 1-12-2005; Ord. No. 08-03, §§ 4, 5, 8-27-2008)
Secs. 113-451 – 113-468 - Reserved
DIVISION 3 - RESTRICTIONS ON SPECIFIC TYPES OF SIGNS
Sec. 113-469 - Signs as traffic hazards
No sign may be erected that by reason of position, shape, flashing light, movement, color, or
in any other manner constitutes a traffic hazard as determined by the zoning administrator. In
particular, signs which may be confused with emergency or snow plow vehicle lights are
prohibited.
(Code 1993, § 9-13.03(1))
Sec. 113-470 - Certain signs prohibited
No sign will be permitted that provides refuge from police surveillance, tends to accumulate
debris as a fire hazard, or in any other way is a hazard to the public health, safety, convenience or
general welfare. Private signs are not permitted within streets or other public rights-of-way,
except on courtesy benches as regulated herein.
(Code 1993, § 9-13.03(2); Ord. No. 05-01, § 5, 1-12-2005)
Sec. 113-471 - Illuminated sign restrictions
(a) Any sign illuminated and located within 50 feet of a residential district lot line shall be
diffused or indirect so as not to reflect direct rays of light into adjacent residences. All
illuminated signs in business and industrial districts in close proximity to residential districts
shall be designed so as to illuminate the sign and not residential property to the extent
practicable.
(b) Illuminated signs lighted by any means as an integral part of the sign, by floodlights, or
any other means which cast light away from the sign shall be governed as follows:
(1) Any combination of signs or light sources which cast light on a public street shall not
exceed one footcandle meter reading as measured from the centerline of said street.
(2) Any combination of signs or lights which cast light on property zoned for residential
use shall not exceed 0.4 footcandle meter reading as measured from any part of said
residential area.
(3) In no instance shall exposed light bulbs be utilized to light signs, property, or
merchandise for sale or rent. Said lights shall be hooded or controlled in some manner
so as to direct light away from public streets or adjacent to nearby property.
(c) No sign may be brighter than is necessary for clear and adequate visibility.
(d) No sign may be of such intensity or brilliance as to impair the vision of a motor vehicle
driver with average eyesight or to otherwise interfere with the driver's operation of a motor
vehicle.
(e) No sign may be of such intensity or brilliance that it interferes with the effectiveness of an
official traffic sign, device, or signal.
(Code 1993, § 9-13.03(3); Ord. No. 08-03, § 6, 8-27-2008)
Sec. 113-472 - Signs in public right-of-way
Signs shall not be permitted within the public right-of-way or easements except as follows:
(1) Public traffic control signs are permitted in any right-of-way.
(2) Signs erected by the city or the jurisdiction controlling the right of way.
(3) Courtesy bench signs are permitted on courtesy benches in the zoning districts
specified herein.
(Code 1993, § 9-13.03(4); Ord. No. 05-01, § 6, 1-12-2005)
Sec. 113-473 - Flashing signs
Devices giving off an intermittent or rotating beam of rays of light shall be prohibited,
except dynamic display signs, symbols or numerals indicating time and temperature as long as
the display does not change more frequently than every 30 seconds. In no event, however, shall
any light be permitted which may be confused with lights from a snowplow, police car,
ambulance, or other emergency vehicle.
(Code 1993, § 9-13.03(5); Ord. No. 08-03, § 7, 8-27-2008)
Sec. 113-474 - Temporary and election signs
Temporary signs shall be permitted in any district in any yard area provided there shall be
no more than three such signs on any lot and the total area of such signs shall not exceed 32
square feet. Temporary signs shall include election signs on residential property, commercial
special sale signs, special occasion signs, garage sales, and similar signs. Election signs are
permitted in any district on private property. Such signs must be removed within ten days
following the election date.
(Code 1993, § 9-13.03(6))
Sec. 113-475 - Service station signs
Service stations may erect on pylon or pedestal a sign not to exceed 25 feet in height
anywhere in setback area but no part of any such sign shall be closer to side lot lines than the
required side yard setback nor within five feet of the rear lot line or ten feet of street right-of-
way.
(Code 1993, § 9-13.03(7))
Sec. 113-476 - Real estate signs
Real estate (for rent, sale, or lease) signs may be placed in any yard of a lot containing the
affected structure or land involved, provided such signs are not closer than ten feet to any
property line and do not exceed a total of six square feet per lot frontage in residential areas and
32 square feet on any other lot. However, real estate signs over six square feet may be
constructed in any residential area providing that:
(1) The sign area allowance for a combination of lots in aggregate shall not exceed 50
square feet;
(2) The signs are located at least 130 feet from any home;
(3) The signs are removed within one year unless an extension is given from the zoning
administrator;
(4) A use permit is granted by the zoning administrator. Real estate signs over 32 square
feet per lot frontage and exceeding other sign area limits in business and industrial areas
shall require a variance.
(Code 1993, § 9-13.03(8))
Sec. 113-477 - Private traffic signs
Private traffic circulation signs in parking lots and pedestrian circulation signs in alleys or
other hazardous situations may be permitted provided such individual signs do not exceed three
square feet, the minimum number necessary for purposes intended is utilized, and such signs are
utilized exclusively for purposes intended and permitted.
(Code 1993, § 9-13.03(9))
Sec. 113-478 - Vacant lots
Signs on vacant lots shall be permitted in accordance with this article except where
governed by building frontage; in such cases, front footage of public right-of-way shall be
utilized.
(Code 1993, § 9-13.03(10))
Sec. 113-479 - Rooftop displays and aerial searchlights
Rooftop balloons and rooftop displays are not permitted except in a commercial zone for a
maximum of five days for a business grand opening or a special civic event sponsored or
endorsed by the city council. A temporary sign permit is required for the balloon. Aerial
searchlights are not permitted.
(Code 1993, § 9-13.03(11); Ord. No. 0-93-05, § 1, 5-26-1993)
Sec. 113-480 - Signs on windows and doors
This chapter does not apply to interior signs painted, attached by adhesive, or otherwise
attached directly to or visible through windows and glass portion of doors except that such signs
shall not be permitted in the B-1 district.
(Code 1993, § 9-13.03(12))
Sec. 113-481 - Ground signs
(a) No ground sign shall be erected, constructed, altered, rebuilt, or relocated to a height
exceeding 20 feet above ground.
(b) The bottom of the facing of every ground sign shall be at least 30 inches above the ground,
which space may be filled with platform or decorative trim of light wood, metal
construction, brick, planters or plantings, etc.
(c) No private sign shall be erected, constructed, or maintained within the boundary of any
street, avenue, highway, alley or public ground of the city, county or state.
(d) Portable signs supported by frames or posts rigidly attached to bases shall be so
proportioned that the weight and size of the bases are adequate to resist the wind pressure
specified in the building code. Such signs shall not exceed five feet in height or 15 square
feet in area.
(e) The owner of a lot upon which there is a ground sign or the person occupying such lot or
both are hereby required to keep such lot and such ground sign clean, sanitary, inoffensive
and free and clear of all obnoxious substances and unsightly conditions.
(Code 1993, § 9-13.03(13))
Sec. 113-482 - Moving or revolving signs (motion signs)
Moving or revolving signs shall not be permitted except by the granting of a variance.
(Code 1993, § 9-13.03(14))
Sec. 113-483 - Wall signs
Wall signs attached to exterior walls of solid masonry or concrete shall be safely and
securely attached.
(Code 1993, § 9-13.03(15))
Sec. 113-484 - Signs painted on walls
Signs shall not be painted directly on the outside wall of a building. Signs shall not be
painted on a fence, tree, stone, or other similar objects or structures in any district.
(Code 1993, § 9-13.03(16))
Sec. 113-485 - Projecting signs
Signs shall in no case project from a building or structure more than one foot from the base
of building. No projecting sign shall at the lowest point be less than eight feet above the sidewalk
or the grade level. All projecting signs for which a permit is required shall be constructed
entirely of fire-resistive materials approved by the zoning administrator for this purpose. All
metal supports and braces for projecting signs shall be galvanized or of corrosive-resistant
material or painted at least once annually.
(Code 1993, § 9-13.03(17))
Sec. 113-486 - Electric signs
All signs and displays using electric power shall have a cutoff switch on the outside of the
premises and on the outside of the sign. All electrical work shall conform to this article and be
subject to city inspection.
(Code 1993, § 9-13.03(18))
Sec. 113-487 - Construction signs
These signs are not to exceed 32 square feet in area and shall be allowed in all zoning
districts during construction. Such signs shall be removed when the project is substantially
completed.
(Code 1993, § 9-13.03(19))
Sec. 113-488 - Roof signs
Roof signs are prohibited in all districts.
(Code 1993, § 9-13.03(20))
Sec. 113-489 - Advertising signs
Advertising signs are prohibited. By October 1, 1985, all advertising signs shall be
considered to be fully amortized and shall be removed by the owners.
(Code 1993, § 9-13.03(22))
Sec. 113-490 - Multifaced signs
Multifaced signs shall not exceed two times the allowed square footage of single-faced
signs.
(Code 1993, § 9-13.03(23))
Sec. 113-491 - Large signs
Except for more restrictive subsections of this sign section, no sign that exceeds 100 square
feet in area shall be erected or maintained that would:
(1) Prevent any traveler on any street from obtaining a clear view of approaching vehicles
on the same street for a distance of 500 feet.
(2) Be closer than 1,350 feet to a national, state, or local park, historic site, picnic or rest
area, church or school.
(3) Be closer than 100 feet to residential structures.
(Code 1993, § 9-13.03(24))
Sec. 113-492 - Dynamic display signs
Dynamic displays on signs are permitted subject to the following conditions:
(1) No dynamic display sign shall be located within 150 feet of a residential district lot
line.
(2) Dynamic display signs are subordinate to ground and pedestal signs and must not be
the predominant feature of the sign area. A dynamic display shall not occupy more than
25 percent of the sign area. Only one dynamic display is allowed per sign face.
(3) The images and messages displayed must be static, and a dynamic display shall
display no more than one static image and/or message per 24-hour period, except when
changes are necessary to correct the time and temperature information. Time and
temperature information is considered a dynamic display and may not be included as a
component of any other dynamic display. Except for time and temperature, change shall
take place between 9:00 a.m. and noon.
(4) No dynamic display sign shall use more than one color of lighting. That is, it shall
render images with one constant hue and brightness on an unlighted background.
(5) The transition from one static display to another must be without any special effects.
(6) The images and messages displayed must be complete in themselves without
continuation in content to the next image or message or to any other sign.
(7) Dynamic displays must be designed and equipped to freeze the device in one position
if a malfunction occurs. The displays must also be equipped with a means to
immediately discontinue the display if it malfunctions, and the sign owner must
immediately stop the dynamic display when notified by the city that the display is not
complying with the standards of this section.
(8) All dynamic displays shall meet the following brightness standards in addition to those
in section 113-471(c), (d), and (e):
a. Sunrise to sunset: no greater than 2,000 nits,
b. Sunset to sunrise: no greater than 500 nits.
(Ord. No. 08-03, § 8, 8-27-2008)
Secs. 113-493 – 113-499 - Reserved
ARTICLE VIII - FLOODPLAIN REGULATIONS3
Sec. 113-500 - Statutory authorization and purpose
(a) Statutory authorization. The legislature of the state has, in Minn. Stats. ch. 462, delegated
the responsibility to local government units to adopt regulations designed to minimize flood
losses.
(b) Statement of purpose.
(1) The city wishes to establish eligibility in the National Flood Insurance Program and in
order to do so must meet the requirements of 44 CFR Part 60.3(a)
(2) The city wishes to minimize potential losses due to periodic flooding including loss of
life, loss of property, health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for flood protection and relief,
and impairment of the tax base, all of which adversely affect the public health, safety
and general welfare.
(Ord. No. 09-02, § 2, 8-12-2009)
Sec. 113-501 - Warning and disclaimer of liability
This article does not imply that areas will be free from flooding or flood damages. This
article shall not create liability on the part of the city or any officer or employee thereof for any
flood damages which result from reliance on this article or any administrative decision lawfully
made thereunder.
(Ord. No. 09-02, § 2, 8-12-2009)
Sec. 113-502 - Permit requirements
(a) No person shall erect, construct, enlarge, alter, repair, improve, move, or demolish any
building or structure without first obtaining a separate permit for each building or structure
from the zoning administrator.
(b) No manmade change to improved or unimproved real estate, including but not limited to
buildings or other structures, fences, mining, dredging, filling, grading, paving, excavation
or drilling operations, shall be commenced until a separate permit has been obtained from
the zoning administrator for each change.
(c) No manufactured home shall be placed on improved or unimproved real estate without first
obtaining a separate permit for each mobile home from the zoning administrator.
(Ord. No. 09-02, § 2, 8-12-2009)
Sec. 113-503 - Permit application
To obtain a permit, the applicant shall first file a permit application on a form furnished for
that purpose. The form must be completed and submitted to the zoning administrator before the
issuance of a permit will be considered.
(Ord. No. 09-02, § 2, 8-12-2009)
Sec. 113-504 - Duties of the zoning administrator
(a) The zoning administrator is appointed as the person responsible for receiving applications
and examining the plans and specifications for the proposed construction or development.
(b) After reviewing the application, the zoning administrator may require any additional
measures which are necessary to meet the minimum requirements of this article.
(c) The zoning administrator shall review proposed development to assure that all necessary
permits have been received from those governmental agencies from which approval is
required by federal or state law, including section 404 of the Federal Water Pollution
Control Act Amendments of 1972, 33 U.S.C. 1334.
(Ord. No. 09-02, § 2, 8-12-2009)
Sec. 113-505 - Review of permit application
The zoning administrator shall review all permit applications to determine whether proposed
building sites will be reasonably safe from flooding. If a proposed building site is in a flood
prone area, all new construction and substantial improvements (including the placement of
manufactured homes) shall be:
(1) Designed (or modified) and adequately anchored to prevent floatation, collapse, or
lateral movement of the structure resulting from hydrodynamic and hydrostatic loads,
including the effects of buoyancy;
(2) Constructed with materials and utility equipment resistant to flood damage;
(3) Constructed by methods and practices that minimize flood damage; and
(4) Constructed with electrical, heating, ventilation, plumbing, and air conditioning
equipment and other service facilities that are designed and/or located so as to prevent
water from entering or accumulating within the components during conditions of
flooding.
(Ord. No. 09-02, § 2, 8-12-2009)
Sec. 113-506 - Subdivisions
The zoning administrator shall review subdivision proposals and other proposed new
development to determine whether such proposals will be reasonably safe from flooding. If a
subdivision proposal or other proposed new development is in a flood prone area, any such
proposal shall be reviewed to assure that:
(1) All such proposals are consistent with the need to minimize flood damage within the
flood prone area;
(2) All public utilities and facilities, such as sewer, gas, electrical, and water systems are
located and constructed to minimize or eliminate flood damage; and
(3) Adequate drainage is provided to reduce exposure of flood hazard.
(Ord. No. 09-02, § 2, 8-12-2009)
Sec. 113-507 - Water supply system
The zoning administrator shall require within flood prone areas, new and replacement water
supply systems to be designed to minimize or eliminate infiltration of flood waters into the
systems.
(Ord. No. 09-02, § 2, 8-12-2009)
Sec. 113-508 - Sanitary sewage and water disposal systems
The zoning administrator shall require within flood prone areas:
(1) New and replacement sanitary sewage systems to be designed to minimize or
eliminate infiltration of flood waters into the systems and discharges from the systems
into flood waters; and
(2) On-site waste disposal systems to be located to avoid impairment to them or
contamination from them during flooding.
(Ord. No. 09-02, § 2, 8-12-2009)
Sec. 113-509 - Annexations and extraterritorial jurisdiction
The city shall not approve any development located in a special flood hazard area (SFHA)
outside the corporate limits unless such development or plat is in the accordance with the
floodplain ordinance that meets the minimum federal (44 CFR 60.3), state (Minnesota
Regulation Parts 6120.5000 through 6120.6200), and local requirements for development within
a special flood hazard area.
(Ord. No. 09-02, § 2, 8-12-2009)
Sec. 113-510 - Greater restriction
Where this article and other regulations conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
(Ord. No. 09-02, § 2, 8-12-2009)
Footnotes:
1 State Law reference – Zoning generally, Minn. Stats. § 462.357.
2 State Law reference – Conditional use permits, Minn. Stats. § 462.3595; conditional uses,
Minn. Stats. § 462.357, subds. 1b, 8.
3 Editor's note – Ord. No. 09-03, adopted Sept. 9, 2009 is a summary of Ord. 09-02 for
publication purposes. It states: "This ordinance amends Chapter 13 of the Falcon Heights City
Code, the zoning ordinance, concerning floodplain regulations. This ordinance adopts a model
floodplain ordinance provided by the Minnesota Department of Natural Resources. The
ordinance provides the general regulations for development in areas located in the floodplain,
addresses potential conflicts with other City ordinances, delineates permitted uses, provides
provisions for variances, regulates non-conformities and outlines penalties for violations."
Chapter 105 - BUILDINGS AND BUILDING REGULATIONS
Article/Division/Section:
ARTICLE I IN GENERAL
105-1 Placement of addresses on principal structures
105-2 Fire code
105-3 – 105-22 Reserved
ARTICLE II STATE BUILDING CODE
105-23 Codes adopted by reference
105-24 Application, administration and enforcement
105-25 Permits and fees
105-26 Optional provisions
105-27 – 105-55 Reserved
ARTICLE III PROPERTY MAINTENANCE
105-56 General requirements
105-57 Purpose
105-58 International Property Maintenance Code adopted
105-59 Deletions
105-60 Amendments
105-61 – 105-85 Reserved
ARTICLE IV RENTAL HOUSING
105-86 Purpose
105-87 Definitions
105-88 License required
105-89 Application for license
105-90 License approval
105-91 License renewal
105-92 License fees
105-93 Furnish license
105-94 City inspections
105-95 Maintenance standards
105-96 Crime free/criminal activity lease requirements
105-97 Revocation, suspension, and civil fines
105-98 Hearing on penalties, revocation, violation, suspension and civil fines
105-99 Summary action
105-100 Applicable laws
105-101 Multiple suspensions
105-102 – 105-109 Reserved
ARTICLE V ELECTRICAL REGULATIONS
105-110 Purpose; application of this article
105-111 Electrical inspector, qualifications and appointment
105-112 Standards for electrical equipment installation
105-113 Connections to installations
105-114 Permits and inspectors
105-115 – 105-119 Reserved
ARTICLE VI VACANT PROPERTIES
105-120 Definitions
105-121 Policy
105-122 Registration required; form
105-123 Presumptions, exceptions, and fee waivers
105-124 Recordkeeping
105-125 Fees
ARTICLE I - IN GENERAL
Sec. 105-1 - Placement of addresses on principal structures
(a) Purpose. The placement of numbers indicating correct addresses on all principal structures
and accessory dwelling units within the city is deemed to be in the interests of health,
welfare and safety of its residents. Properly numbered structures will allow for identification
for police and fire protection purposes.
(b) Numbered addresses. All residential structures and garages abutting alleys shall have the
proper street address affixed as designated by the city. All businesses or commercial
establishments shall have the proper street addresses affixed to both the front and back of the
establishment.
(c) Requirements. All letters shall be a minimum of four inches in height.
(Code 1993, § 5-3.04)
Sec. 105-2 - Fire code
The Minnesota State Fire Code, as now or hereafter amended, is hereby adopted by
reference. A copy shall be available in the city offices.
(Code 1993, § 2-3.02)
State Law reference – State fire code, Minn. Stats. § 299F.011; adoption by reference, Minn.
Stats. § 471.62.
Secs. 105-3 – 105-22 - Reserved
ARTICLE II - STATE BUILDING CODE
Sec. 105-23 - Codes adopted by reference
The Minnesota State Building Code, as adopted by the commissioner of administration
pursuant to Minn. Stats. §§ 16B.59—16B.75, including all of the amendments, rules and
regulations established, adopted and published from time to time by the state commissioner of
administration, through the building codes and standards division is hereby adopted by reference
with the exception of the optional chapters, unless specifically adopted in this Code. The
Minnesota State Building Code is hereby incorporated in this Code as if fully set out herein.
(Ord. No. 03-05, § 1, 8-13-2003)
State Law reference – Adoption by reference, Minn. Stats. § 471.62.
Sec. 105-24 - Application, administration and enforcement
The application, administration, and enforcement of the Code shall be in accordance with
the Minnesota State Building Code. The code enforcement agency of this municipality is called
the Falcon Heights building official. This code shall be enforced by the state certified building
official designated by this municipality to administer the code.
(Ord. No. 03-05, § 2, 8-13-2003)
Sec. 105-25 - Permits and fees
The issuance of permits and the collection of fees shall be as authorized in Minn. Stats.
§326B.153. Permit fees shall be assessed for work governed by this Code in accordance with the
fee schedule adopted by the municipality. In addition, a surcharge fee shall be collected on all
permits issued for work governed by this Code in accordance with Minn. Stats. 326B.148.
(Ord. No. 21-02, § 1, 4-28-2021)
Sec. 105-26 - Optional provisions
The following are hereby adopted:
(1) Minn. Rules chapter 1306 with subpart 2, Existing and New Buildings. All floors,
basements, and garages are included in this floor area threshold.
(2) Minn, Rules chapter 1335, Floodproofing Regulations, sections 100 through sections
1406 of the 1972 edition of the “Floodproofing Regulations” from the Office of the
Chief Engineers, U.S. Army, Washington, D.C.
(3) Appendix chapter K (Grading), of the 2018 International Building Code
(Ord. No. 21-02, § 1, 4-28-2021)
Secs. 105-27 – 105-55 - Reserved
ARTICLE III - PROPERTY MAINTENANCE1
Sec. 105-56 - General requirements
The requirements of this article apply to all buildings, structures and property within the
city. All buildings and portions of buildings, including mechanical, electrical, plumbing and
other building systems, previously constructed or installed in accordance with city and state
codes must be maintained in conformance with the requirements of the codes in effect at the time
of construction or installation.
(Ord. No. 12-04, § 1, 5-23-2012)
Sec. 105-57 - Purpose
The purpose of this article is to protect, preserve, and promote the physical and mental
health of the people, investigate and control communicable diseases, regulate privately and
publicly-owned dwellings for the purpose of sanitation and public health, and protect the safety
of the people and promote the general welfare by legislation which shall be applicable to all
dwellings now in existence or constructed in the future and which (i) establishes minimum
standards for basic equipment and facilities for light, ventilation and heating, for safety from fire,
for the use and location, and amount of space for human occupancy, and for safe and sanitary
maintenance; (ii) determines the responsibilities of owners, operators and occupants of
dwellings; and (iii) provides for the administration and enforcement of this article.
(Ord. No. 12-04, § 1, 5-23-2012)
Sec. 105-58 - International Property Maintenance Code adopted
The International Property Maintenance Code, 2012 Edition, is hereby adopted by reference
and incorporated herein, subject to the amendments set forth in this article.
(Ord. No. 12-04, § 1, 5-23-2012)
Sec. 105-59 - Deletions
The following sections of the International Property Maintenance Code are deleted: 302.4,
302.8, 303, 307, 402.1, 404.4.1, 404.5, 503.4, Chapter 8 all sections.
(Ord. No. 12-04, § 1, 5-23-2012)
Sec. 105-60 - Amendments
The following sections of the International Property Maintenance Code are amended to read
as follows:
Section 101.1 Title
These regulations shall be known as the Property Maintenance Code of the City of Falcon
Heights hereinafter referred to as "this Code."
Section 102.3 Application of Other Codes
Repairs, additions, or alterations to a structure, or changes of occupancy, shall be done in
accordance with the procedures and provisions of the Minnesota State Building Code and
Falcon Heights City Code.
Section 102.7 Referenced Codes and Standards
The codes and standards referenced in this Code shall mean the applicable provision of the
Falcon Heights City Code or Minnesota State Building Code, whichever is the most
restrictive requirement permitted under statute and considered part of the requirements of
this Code to the prescribed extent of each such reference. Where differences occur between
provisions of this Code and the referenced standards, the provisions of this Code shall apply
unless preempted by or in conflict with the State Building Code.
Section 103.2 Appointment
The City Administrator or the City Administrator's designated agents shall be the code
official responsible for the administration and enforcement of this Code. Given limited city
resources and local community standards, the City Administrator and other City Code
Officials shall have discretion in responding to complaints of violations and prioritizing
compliance initiatives and enforcement actions.
Section 103.5 Fees
The fees for activities and services performed by the City in carrying out its responsibilities
under this Code shall be adopted by Resolution of the City Council.
Section 106.3 Prosecution of Violation
Any person failing to comply with a notice of violation or order served in accordance with
Section 107 shall be deemed guilty of a misdemeanor and the violation shall be deemed a
strict liability offense. If the notice of violation is not complied with, the code official shall
institute the appropriate proceeding at law or in equity to restrain, correct or abate such
violation, or to require the removal or termination of the unlawful occupancy of the structure
in violation of the provisions of this Code or of the order or direction made pursuant thereto.
Any expenses incurred by the City in carrying out the enforcement of the provisions of this
Code shall be included as a special assessment against the property.
Section 107.2 Form
Such notice prescribed in Section 107.1 shall be in accordance with all of the following:
1. Be in writing.
2. Include a description of the real estate sufficient for identification.
3. Include a statement of the violation or violations and why the notice is being issued.
4. Include a correction order allowing a reasonable time to make the repairs and
improvements required to bring the dwelling unit or structure into compliance with the
provisions of this Code.
5. Inform the property owner of the right to appeal.
6. Include a statement of the right to impose a special assessment in accordance with
Section 106.3.
Section 108.1 General
When a structure or equipment is found by the code official to be unsafe, or when a structure
is found unfit for human occupancy, or is found unlawful, such structure shall be subject to
the provisions of this Code.
Section 108.2 Closing of Vacant Structures
If the structure is vacant and unfit for human habitation and occupancy, and is not in danger
of structural collapse, the code official is authorized to post the premises and order the
structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close
up the premises within the time specified in the order, the code official shall cause the
premises to be closed and secured through any available public agency or by contract or
arrangement by private persons and the cost thereof shall be assessed to the real estate upon
which the structure is located.
Section 108.3 Notice
Whenever the code official has determined a structure or equipment is unsafe, a structure is
unfit for human occupancy or a structure is unlawful under the provisions of this Article,
notice shall be posted in a conspicuous place in or about the structure affected by such
notice and served on the owner or the person or persons responsible for the structure or
equipment in accordance with Section 107.3. If the notice pertains to equipment, it shall also
be placed on the unsafe equipment. The notice shall be in the form prescribed in Section
107.2.
Section 108.4 Posting
Upon failure of the owner or person responsible to comply with the notice provisions within
the time given, the code official shall place a posting on the premises or on the defective
equipment which shall provide a statement of the penalties for occupying the premises or
operating the equipment.
Section 108.4.1 Posting Removal
The code official shall provide written approval and remove the posting whenever the defect
or defects upon which the enforcement action and posting were based have been eliminated.
It shall be unlawful for any person to deface, obscure or remove a posting without the
approval of the code official. Any person who defaces, obscures or removes a posting shall
be subject to the penalties provided by this Code.
Section 108.5 Prohibited Occupancy
Any occupied structure posted by the code official shall be vacated as ordered by the code
official. Any person who shall occupy posted premises or shall operate posted equipment,
and any owner or any person responsible for the premises who shall let anyone occupy a
posted premises or operate posted equipment shall be liable for the penalties provided by
this Code.
Section 109.6 Hearing
Any person ordered to take emergency measures shall comply with such order forthwith.
Any affected person shall thereafter, upon filing a written notice of appeal with the Clerk, be
afforded an appeal/hearing as described in this Code.
Section 110.3 Failure to Comply
If the owner of a premise fails to comply with a demolition order within the time prescribed,
the code official shall cause the structure to be demolished and removed, either through an
available public agency or by contract or arrangement with private persons, and the cost
thereof assessed to the real estate upon which the structure is located.
Section 111.1 Application for Appeal
Any person directly aggrieved by a notice issued under this Code, may within ten days after
service of the same, appeal to the Council by filing a written notice of appeal with the Clerk.
In the case of an appeal from a notice issued to vacate pending elimination of imminent
dangers, the appeal shall be heard as soon as possible after the time of filing. In the case of
appeals from other notices, the appeal shall be heard at such time as may be established by
the Council, but the taking of an appeal from a notice other than one to vacate pending the
elimination of imminent dangers shall, during the pendency of such appeal, restrain the City
and its officers from proceeding in any manner to enforce such notice.
Section 111.2 Decision of the Council
All appeals under this Code shall be heard by the Council. The Council may affirm in whole
or in part or deny the existence of a violation of this Code, and if the violation is found to
exist, confirm or modify the corrective action to be taken or the order requiring vacation of
the premises and the time allowed for it.
Section 111.3 Correction of Violation by City; Assessment of Cost
In all cases of violation of this Code to which M.S. 145A.03 through 145A.09 are
applicable, the Sanitarian may proceed as provided in M.S. 145A.03 through 145A.09 to
abate or remove the violation and to have the cost of it specially assessed against the lot or
parcel where the violation was located. In suitable cases, said statutory remedies and
procedure may be used either concurrently with, or separate from, the procedures prescribed
in this Code.
Section 112.4 Failure to comply
Any person who shall continue any work after having been served with a stop work order,
except such work as that person is directed to perform to remove a violation or unsafe
condition, shall be guilt of a misdemeanor.
Section 201.3 Terms Defined in Other Codes
Where terms are not defined in this Code and are defined in the Falcon Heights City Code or
the Minnesota State Building Code, such terms shall have the meanings ascribed to them as
stated in those codes.
Section 304.14 Insect Screens
Except for owner-occupied residential dwellings, during the period from May 15 to October
15 every door, window and other outside opening required for ventilation of habitable
rooms, food preparation areas, food service areas or any areas where products to be included
or utilized in food for human consumption are processed, manufactured, packaged or stored
shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16
mesh per 25 mm), and every screen door used for insect control shall have a self-closing
device in good working condition.
Section 305.1 General
The interior of a rental structure and equipment therein shall be maintained in good repair,
structurally sound and in a sanitary condition. Occupants shall keep that part of the structure
which they occupy or control in a clean and sanitary condition. Every owner of a structure
containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling
units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary
condition, the shared or public areas of the structure and exterior property. The property
owner is ultimately responsible for the whole property.
Section 307.1 General
Every exterior and interior flight of stairs shall have handrails on both sides of the stair.
Exception: Stairs having four or more risers and permitted by the Minnesota State Building
Code to be less than 44" wide may have handrails on one side. Stairs having less than four
risers and permitted by the Minnesota State Building Code to be less than 44" wide are not
required to have handrails.
Every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface
which is more than 30 inches (762 mm) above the floor or grade below shall have guards.
Handrails shall not be less than 34 inches (864 mm) high or more than 38 inches (965 mm)
high measured vertically above the nosing of the tread or above the finished floor of the
landing or walking surfaces. Guards shall not be less than 42 inches (1067 mm) high above
the floor of the landing, balcony, porch, deck, or ramp or other walking surface.
Exceptions:
1. Guards may be not less than 36 inches (914mm) high where permitted by the
Minnesota State Building Code.
2. Guards shall not be required where exempted by the adopted building code.
Section 308.4 Multiple Occupancies
The owner of a structure containing two or more dwelling units, a multiple occupancy, a
rooming house or a nonresidential structure shall be responsible for extermination in the
public or shared areas of the structure and exterior property. If infestation is caused by
failure of an occupant to prevent such infestation in the area occupied, the occupant shall be
responsible for extermination. Whenever infestation exists in two or more dwelling units in
a dwelling, extermination of the infested areas shall be the responsibility of the owner and
operator.
Section 401.3 Alternative Devices
In lieu of the means for natural light and ventilation herein prescribed, artificial light or
mechanical ventilation complying with the Minnesota State Building Code shall be
permitted.
Section 402.3 Other Spaces
All other spaces shall be provided with natural or artificial light to permit the maintenance of
sanitary conditions, and the safe occupancy of the space and utilization of the appliances,
equipment and fixtures. Minimum artificial light shall provide 10 foot candles of light over
the room area at a height of 30 inches.
Section 505.1 General. Amended to read:
Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing
fixture shall be properly connected to either a public water system or to an approved private
water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be
supplied with hot or tempered and cold running water in accordance with the Minnesota
State Building Code.
Section 602.2 Residential Occupancies
Dwellings shall be provided with heating facilities capable of maintaining a room
temperature of 68°F (20°C) at a distance 3 feet above floor level in all habitable rooms,
bathrooms and toilet rooms based on the winter outdoor design temperature of -15 ° F.
Cooking appliances shall not be used to provide space heating to meet the requirements of
this section.
Section 602.3 Heat supply
Every owner and operator of any building who rents, leases or lets one or more dwelling
units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants
thereof shall supply heat during the period from September 15 to May 15 to maintain a
temperature of not less than 68°F (20°C) at a distance 3 feet above floor level in all
habitable rooms, bathrooms, and toilet rooms.
Exception: When the outdoor temperature is below the winter outdoor design temperature
for the locality, maintenance of the minimum room temperature shall not be required
provided that the heating system is operating at its full design capacity. The winter outdoor
design temperature shall be -15 ° F.
Section 602.4 Occupiable Work Spaces
Indoor occupiable work spaces shall be supplied with heat during the period from September
15 to May 15 to maintain a temperature of not less than 65°F (18°C) at a distance 3 feet
above floor level during the period the spaces are occupied.
Section 604.2 Service
The size and usage of appliances and equipment shall serve as a basis for determining the
need for additional facilities in accordance with the currently adopted National Electrical
Code. Dwelling units shall be served by a three-wire, 120/240 volt, single-phase electrical
service having a rating of not less than 60 amperes.
Section 605.2 Receptacles
Every habitable space in a dwelling shall contain at least two separate and remote receptacle
outlets. Every laundry area and bathroom in a dwelling shall contain at least one receptacle.
Any electrical outlet within six feet of a water source or water outlet shall include operable
ground fault circuit interrupter protection.
Section 606.1 General
Elevators, dumbwaiters and escalators shall be maintained in compliance with Minnesota
Elevators and Related Devices Code. The most current certification of inspection shall be on
display at all times within the elevator or attached to the escalator or dumbwaiter, or the
certificate shall be available for public inspection in the office of the building operator. The
inspection and tests shall be performed at not less than the periodical intervals listed in
Minnesota Elevators and Related Devices Code, except where otherwise specified by the
authority having jurisdiction.
Section 702.1 General
A safe, continuous and unobstructed path of travel shall be provided from any point in a
building or structure to the public way. Means of egress shall comply with the Minnesota
State Fire Code.
Section 702.2 Aisles
The required width of aisles in accordance with the Minnesota State Fire Code shall be
unobstructed.
Section 702.3 Locked Doors
All means of egress doors shall be readily openable from the side from which egress is to be
made without the need for keys, special knowledge or effort, except where the door
hardware conforms to that permitted by the Minnesota State Building Code.
Section 702.4 Emergency Escape Openings
Required emergency escape openings for Group IRC, Group R and Group I-1 shall comply
with Minnesota State Fire Code Section 1026, Emergency Escape and Rescue.
Section 704.1 General
All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control
a fire or any combination thereof shall be maintained in an operable condition at all times in
accordance with the Minnesota State Fire Code.
Section 704.2 Smoke Alarms
Single or multiple-station smoke alarms shall be installed and maintained in Groups R-2, R-
3, R-4 and in dwellings not regulated in Group R occupancies, regardless of occupant load at
all of the following locations:
1. on the ceiling or wall outside of each separate sleeping area in the immediate vicinity of
bedrooms.
2. in each room used for sleeping purposes.
3. In each story within a dwelling unit, including basements and cellars but not including
crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels
and without an intervening door between the adjacent levels, a smoke alarm installed on
the upper level shall suffice for the adjacent lower level provided that the lower level is
less than one full story below the upper level.
Single or multiple-station smoke alarms shall be installed in other groups in accordance with
the Minnesota State Fire Code.
(Ord. No. 12-04, § 1, 5-23-2012)
Secs. 105-61 – 105-85 - Reserved
ARTICLE IV - RENTAL HOUSING2
Sec. 105-86 - Purpose
It is the purpose of this article to protect the public health, safety and welfare of citizens of
the city who have as their place of abode a living unit furnished to them for the payment of a
rental charge to another by adopting licensing regulations for all rental dwellings and
multifamily rental dwellings in the city.
(Ord. No. 13-06, § 1, 12-11-2013; Ord. No. 19-06, § 9, 9-11-2019)
Sec. 105-87 - Definitions
For the purposes of this article, the terms defined in this section shall have the meanings
given them as follows:
Compliance official means the city administrator or his or her designee.
Operate means to charge a rental charge or other form of compensation for the use of a unit
in a rental dwelling/multifamily rental dwelling.
Rental dwelling means any single-family dwelling, accessory dwelling unit, duplex dwelling
or triplex dwelling, which is rented for more than four consecutive months in any calendar year.
Rental dwelling does not include Minnesota Department of Health–licensed rest homes,
convalescent care facilities, nursing homes, hotels, motels, managed home-owner associations,
cooperatives, or on-campus college housing.
Multifamily rental dwelling means any building or portion thereof, including the real
property upon which it is located and which surrounds it, that contains four or more dwelling
units that may be attached side-by-side, stacked floor-to-ceiling, and/or have a common entrance
and have a common owner that are being rented out. Multifamily rental dwelling does not
include Minnesota Department of Health–licensed rest homes, convalescent care facilities,
nursing homes, hotels, motels, managed home-owner associations, cooperatives, or on-campus
college housing.
(Ord. No. 13-06, § 1, 12-11-2013; Ord. No. 19-06, § 10, 9-11-2019)
Sec. 105-88 - License required
No person, firm, partnership, corporation or other legal entity shall operate a rental
dwelling or multifamily rental dwelling in the city without first obtaining a license. The license is
issued annually and is valid until the date of expiration. Changes that result in a 25% change in
ownership of a property requires a new license. The new owner(s) must submit an application for
a new license within thirty calendar days of acquiring the property. Property owners that are
listed on a stock exchange are exempt from section 105-88.
(Ord. No. 13-06, § 1, 12-11-2013; Ord. No. 19-06, § 11, 9-11-2019)
Sec. 105-89 - Application for licenses
Commented [HBL1]: What does this mean?
Applications for licenses shall be made in writing on forms provided by the city and
accompanied by the fee amounts as established by the City Council. Such application shall be
submitted at least 60 days prior to the expiration date of the license, and shall specify the
following:
(1) Name and address of the owner of the rental dwelling/multifamily rental dwelling.
(2) Name and address of any agent actively managing the rental dwelling/multifamily
rental dwelling. The agent must live within the Seven County Metropolitan area and
must have a background check conducted by the police department.
(3) Name and address of all partners if the registrant is a partnership.
(4) Name and address of all officers of the corporation if the registrant is a corporation.
(5) Name and address of the vendee if the rental dwelling/multifamily rental dwelling is
owned or being sold on a contract for deed.
(6) Legal address of the rental dwelling/multifamily rental dwelling.
(7) Number and kind of units within the rental dwelling/multifamily rental dwelling
classified as dwelling units, tenement units, or rooming units or other.
(8) Name and address of on-site operating manager, if any.
(9) If property contains an accessory dwelling unit, property owner must verify their
permanent residency in either the single-family residence or accessory dwelling unit on
the property.
(Ord. No. 13-06, § 1, 12-11-2013; Ord. No. 19-06, § 12, 9-11-2019)
Sec. 105-90 - License approval
The compliance official may either approve or deny the license, or may delay action for up
to 60 days to permit the city to complete any investigation of the application or the applicant as
deemed necessary. If the compliance official approves the license, a license shall be issued to the
applicant. If the compliance official denies the application, a notice of denial shall be sent to the
applicant at the business address provided on the application along with the reasons for the
denial. The notice shall also inform the applicant of their right to appeal the decision to the city
council pursuant to the process set forth in this article.
(Ord. No. 13-06, § 1, 12-11-2013)
Sec. 105-91 - License renewal
Notwithstanding the application signature requirements, renewals of the license as required
annually by this Code may be made by filling out the required renewal form provided by the city
to the owner, operator or agent of a rental dwelling/multifamily rental dwelling and mailing said
form together with the required registration fee to the compliance official. Failure to file the
completed application with the city at least 60 days prior to the expiration of the license is a
violation of this article.
Formatted: Normal, Indent: Left: 0.31", Hanging: 0.31", Tab stops: 0.69", Left
(Ord. No. 13-06, § 1, 12-11-2013; Ord. No. 19-06, § 13, 9-11-2019)
Sec. 105-92 - License fees
The license fees shall be in the amount established by the City Council. Failure to pay the
license fee for renewal of a license is a violation of this article.
(Ord. No. 13-06, § 1, 12-11-2013; Ord. No. 19-06, § 14, 9-11-2019)
Sec. 105-93 - Furnish license
Every registrant of a rental dwelling/multifamily rental dwelling shall be given a copy of the
license. The license shall contain a statement that the tenant or tenants may contact the attorney
general for information regarding the rights and obligations of owners and tenants under state
law. The statement shall include the telephone number and address of the attorney general.
(Ord. No. 13-06, § 1, 12-11-2013; Ord. No. 19-06, § 15, 9-11-2019)
Sec. 105-94 - City inspections
(a) Rental dwellings shall be inspected by the compliance official or designated representative
in their entirety every 24 months. An application and payment is required annually on a
continuous basis. Rental dwellings that fail their first inspection will be subjected to
additional inspections until an inspection certificate is given by the compliance official.
Rental dwellings that fail their first inspection will be subjected to an inspection the
subsequent year.
(b) Multifamily rental dwellings shall be inspected by the compliance official or designated
representative every 24 months. An inspection will be made of the common areas of the
property. An application and payment is required annually on a continuous basis.
Multifamily rental dwellings that fail their first inspection will be subjected to additional
inspections until an inspection certificate is given by the compliance official. Multifamily
rental dwellings that fail their first inspection will be subjected to an inspection the
subsequent year.
(c) Pursuant to this section, the compliance official shall make inspections to determine the
condition of rental dwellings/multifamily rental dwellings located within the city for the
purpose of enforcing the rental licensing standards. The compliance official or designated
representative may enter, examine and survey at all reasonable times all rental
dwellings/multifamily rental dwellings and premises after obtaining consent from an
occupant of the premises. In the event that an occupant of the premises does not consent to
entry by the compliance official or designate representative, and if there is probable cause to
believe that an inspection is warranted, then application may be made to the court for an
administrative or other search warrant for the purpose of inspecting the premises.
(d) The city may, upon receipt of a creditable third party complaint or a complaint by
residents with reasonable concerns, require an inspection of rental dwellings/multifamily
rental dwellings. A complaint-based inspection may require individual dwelling units to be
inspected.
(e) The owner's rental housing license may be suspended, revoked or denied renewal for
failing to maintain the licensed building in compliance with the property maintenance code
as set forth in chapter 105, article III of this Code or otherwise failing to comply with the
requirements of the City Code or applicable state or federal law.
(Ord. No. 13-06, § 1, 12-11-2013; Ord. No. 19-06, § 16, 9-11-2019)
Sec. 105-95 - Maintenance standards
(a) Every rental dwelling/multifamily rental dwelling shall maintain the standards in chapter
105, article III, housing code, and chapter 22, blight, in addition to any other requirement of
the ordinance of the city or special permits issued by the city, or the laws of the State of
Minnesota.
(b) Any code violation noted by the city must be remedied in a timely fashion by the property
owner and reinspected for compliance by the city.
(Ord. No. 13-06, § 1, 12-11-2013; Ord. No. 19-06, § 17, 9-11-2019)
Sec. 105-96 - Crime free/criminal activity lease requirements
(a) All tenant leases, except for state licensed residential facilities and subject to all
preemptory state and federal laws, shall contain the following crime free/criminal activity
language:
(1) Drug-related activity.
a. Resident, any members of the resident's household or a guest or other person
affiliated with resident shall not engage in drug-related criminal activity, on or near
the premises.
b. Resident, any member of the resident's household or a guest or other person
affiliated with resident shall not engage in any act intended to facilitate drug-related
criminal activity on or near the premises.
c. Resident or members of the household will not permit the dwelling unit to be used
for, or to facilitate drug-related criminal activity, regardless of whether the
individual engaging in such activity is a member of the household, or a guest.
d. Resident, any member of the resident's household or a guest, or other person
affiliated with the resident shall not engage in the unlawful manufacturing, selling,
using, storing, keeping, or giving of a controlled substance at any locations,
whether on or near the premises or otherwise.
e. Violation of the above provisions shall be a material and irreparable violation of
the lease and good cause for immediate termination of tenancy.
(2) Criminal activity.
a. Resident, members of the resident's household, guests, or other persons under the
resident's control shall not engage in criminal activity, engage in any act intended
to facilitate criminal activity, or permit the dwelling unit to be used for or facilitate
criminal activity on or near the premises.
b. Three criminal activity violations involving the same tenancy within a continuous
12-month period shall be a substantial and material violation of the lease and good
cause for termination of the tenancy.
c. Notwithstanding the above provision, criminal activity that jeopardizes the health,
safety, and welfare of the landlord, his or her agent, other residents, neighbors or
other third party, or involving imminent or actual serious property damage shall be
a material and irreparable violation of the lease and good cause for immediate
termination of tenancy.
(3) Definitions.
a. The term "criminal activity" means the violation of the following:
1. Minn. Stats. §§ 609.75 through 609.76, which prohibit gambling;
2. Minn. Stats. §§ 609.321 through 609.324, which prohibit prostitution and acts
relating thereto;
3. Minn. Stats. § 340A.401, which prohibit the unlawful sale of alcoholic
beverages;
4. Minn. Stats. §§ 97B.021, 97B.045, 609.66 through 609.67 and 624.712
through 624.716, and section 30-3 of this Code, which prohibit the unlawful
possession, transportation, sale or use of a weapon;
5. Minn. Stats. §§ 609.185, 609.19, 609.195, 609.20, and 609.205 which prohibit
murder and manslaughter;
6. Minn. Stats. §§ 609.221 , 609.222, 609.223, and 609.2231 which prohibit
assault;
7. Minn. Stats. §§ 609.342, 609.343, 609.344, 609.345, and 609.3451 which
prohibit criminal sexual conduct;
8. Minn. Stats. §§ 609.52 which prohibit theft;
9. Minn. Stats. §§ 609.561, 609.562, 609.563, 609.5631, and 609.5632 which
prohibit arson;
10. Minn. Stats. § 609.582 which prohibit burglary;
11. Minn. Stats. § 609.595 which prohibit damage to property;
12. Chapter 22, article III of this Code, which prohibits nuisances;
13. Minn. Stats. § 609.72, which prohibit disorderly conduct, when the violation
disturbs the peace and quiet of the occupants of at least one unit on the licensed
premises or other premises, other than the unit occupied by the person(s)
committing the violation; and
14. Section 30-3 of the Falcon Heights City Code which prohibits the discharge
of a firearm.
b. The term "drug related criminal activity" means the illegal manufacture, sale,
distribution, use, or possession with intent to manufacture, sell, distribute, or use of
a controlled substance or any substance represented to be drugs in violation of
Minn. Stats. §§ 152.01 through 152.025, and 152.027, subds. 1 and 2 and Section
102 of the Controlled Substance Act, 21 U.S.C. § 802).
(4) Non-exclusive remedies. The crime free/criminal activity provisions are in addition to
all other terms of the lease and do not limit or replace any other provisions.
a. These lease provisions shall be incorporated into every new lease for a tenancy
beginning January 1, 2009 and all renewed leases thereafter.
b. Upon determination by the compliance official that a licensed premises or unit
within a licensed premises was used in violation of the drug-related activity
provision of subsection (a)(1) or criminal activity provision of subsection (a)(2)(c),
the city shall cause notice to be made to the owner and property manager of the
violation. The owner or property manager shall notify the tenant or tenants within
ten days of the notice of violation of the crime free/criminal activity lease language
and proceed with termination of the tenancy of all tenants occupying the unit. The
owner shall not enter into a new lease for a unit located in the licensed property
with an evicted tenant for a period of one year after the eviction.
c. Upon determination by the compliance official that a licensed premises or unit
within a licensed premises was used for criminal activity as set forth in subsection
(a)(2) herein, the city shall cause notice to be made to the owner and property
manager of the violation and direct the owner and property manager to take steps to
prevent further criminal activity violations.
d. If a second criminal activity violation occurs within a continuous 12-month period
involving the same tenancy, the city shall cause notice to be made to the owner and
property manager of the second violation. The owner or property manager shall
respond in writing within ten days of receipt of the notice with an action plan to
prevent further criminal activity violations.
e. If a third criminal activity violation occurs within a continuous 12-month period
involving the same tenancy, the city shall cause notice to be made to the owner and
property manager of the third violation. The owner or property manager shall notify
the tenant or tenants within ten days of the violation of the crime free/criminal
activity lease language within the lease and proceed with termination of the tenancy
of all tenants occupying the unit. The owner shall not enter into a new lease for a
unit located in the licensed property with an evicted tenant for a period of one year
after the eviction.
f. The provisions of subsections c., d., e., and f. herein do not apply if the
determination that the premises have been used in violation of the crime
free/criminal activity provisions of subsections (a)(1) and (a)(2) herein originates
from a call from or at the request of one or more of the tenants occupying the
premises for police or emergency assistance, or in the case of domestic abuse, from
a call for assistance from any source. The term "domestic abuse" has the meaning
given in Minn. Stat. § 518B.01, subd. 2.
(Ord. No. 13-06, § 1, 12-11-2013)
Sec. 105-97 - Revocation, suspension, and civil fines
(a) Violations. The following actions by property owners or license holders are misdemeanors
and are subject to civil penalties, may constitute the basis for revocation of licenses and/or
may result in injunctive action by the city. The property owner shall be responsible for the
conduct of its agents or employees while engaged in normal business activities on the
licensed premises. Any violation of this article shall be considered an act of the property
owner or license holder for purposes of imposing a civil penalty or license revocation. If a
license is revoked it is unlawful for the owner to permit new occupancy of any vacant rental
unit, or any units that become vacant during license injunction.
(b) Basis for sanctions. The compliance official may revoke, suspend, deny or decline to
renew any license issued under this article for part or all of a rental dwelling/multifamily
rental dwelling upon any of the following grounds:
(1) Leasing without a license. Leasing residential units without a license is subject to
license suspension or revocation;
(2) Violation of codes. Violation of the city maintenance code, building code, or fire code;
(3) Hazardous or uninhabitable units. Leasing units that are deemed hazardous or
uninhabitable or units within a building that are deemed hazardous or uninhabitable;
(4) Commission of a felony. Commission of a felony related to the licensed activity by the
property owner or manager;
(5) Consideration of suspension or revocation. At any time during a license period, if a
rental property does not meet or exceed the criteria established for the current license,
the license may be brought forth to the city council for consideration of license
suspension or revocation;
(6) Updated application requirement. Failure to provide an updated application with
current information within 30 days of application renewal request from the city;
(7) False statements. False statements on any application or other information or report
required by this article to be given by the applicant or licensee;
(8) Fees. Failure to pay any application, inspection, penalty, reinspection or reinstatement
fee required either by this section or city council resolution. Fee amounts are subjected
to change through the city fee schedule;
(9) Correction of deficiencies. Failure to correct dwelling deficiencies in the time
specified in a compliance order;
(10) Inspection. Failure to schedule an inspection within 90 days of application filed
and/or allow an authorized inspection of a rental dwelling/multifamily rental dwelling;
(11) Violation of statute. Violation of an owner's duties under Minn. Stats. §§ 299C.66 to
299C.71 ("Kari Koskinen Manager Background Check Act");
(12) Delinquent taxes or fines. Real estate or personal property taxes or municipal utilities
have become delinquent or have unpaid fines.
(c) Penalties.
(1) Revocation. Any violation of this article may be grounds to revoke a license. Any civil
penalty, revocation or combination thereof under this section does not preclude criminal
prosecution under this article or Minnesota statutes. All fines are cumulative and
revocation periods will run consecutively.
(2) Violation. Any person that maintains a rental dwelling/multifamily rental dwelling
without having a property registered or after the registration for the property has been
revoked or suspended or who permits new occupancy in violation is guilty of a
misdemeanor and upon conviction is subject to a fine and imprisonment as prescribed
by state law.
a. First violation: Compliance official will give notice to the licensee of the violation,
request fine payment and direct the licensee to take steps to prevent further
violations.
b. Second violation: If a second violation occurs within 60 days of a first violation the
compliance official will give notice to the licensee of the violation, request fine
payment and direct the licensee to take steps to prevent further violations.
c. Third or more violation: If another instance of violations occurs within 60 days of
the calendar year compliance official will give notice to the licensee of the
violation, request fine payment and direct the licensee to take steps to prevent
further violations. If a fourth or subsequent violation occurs, suspension of the
license will be pending until a hearing.
(3) Suspension. The city council may temporarily suspend a license pending a hearing on
the suspension or revocation when, in its judgment, the public health, safety, and
welfare is endangered by the continuance of the licensed activity.
(4) Civil fines. The city council may impose civil fines in addition to revocation or
suspension for violations of any provision of this article as follows:
Within One Calendar Year Fine Per Unit/Common Building
First Violation $300.00
Second Violation 600.00
Third or more within a 12-month period 900.00
Renting without a license after 30 days' notice shall be subject to $1,000.00 fine per unit and also
be a misdemeanor offense
(Ord. No. 13-06, § 1, 12-11-2013; Ord. No. 19-06, § 18, 9-11-2019)
Sec. 105-98 - Hearing on penalties, revocation, violation, suspension and civil fines
(a) Hearing. Following receipt of a notice of denial or nonrenewal issued by the compliance
official or a notice of a violation and penalty issued under section 105-97 of this article, an
applicant or license holder may request a hearing before the city council. A request for a
hearing shall be made by the applicant or license holder in writing and filed with the
compliance official or compliance official's designee within ten days of the mailing of the
notice of denial or alleged violation. Following receipt of a written request for hearing, the
applicant or license holder shall be afforded an opportunity for a hearing before a committee
consisting of the compliance official or compliance official's designees. After the committee
conducts the hearing it shall report its findings and make a recommendation to the full city
council.
(b) Findings. If after the hearing the applicant or license holder is found ineligible for a
license, or in violation of this article, the council may affirm the denial, impose a civil
penalty, suspend, or revoke a license or impose any combination thereof.
(c) Default. If the applicant or license holder has been provided written notice of the denial,
nonrenewal, or violation and if no request for a hearing is filed within the ten-day period,
then the denial or revocation take immediate effect by default. The compliance official or
designee shall mail notice of the denial, fine, suspension, or revocation to the applicant or
license holder. The compliance official shall investigate compliance with the denial or
revocation.
(d) Penalties for default. Failure to comply with all terms of this section during the term of
revocation, suspension or nonrenewal is a misdemeanor and grounds for extension of the
term of revocation, suspension or continuation of nonrenewal of the license.
(e) Appeal. Following receipt of a decision by the compliance official to deny, revoke,
suspend, or not renew a license, the owner/licensee may request a hearing before the city
council. The request must be made in writing to the compliance official within ten days of
the compliance official's decision.
(f) Written notice, hearing. A decision to revoke, suspend, deny, or not renew a license shall
be preceded by written notice to the applicant or licensee of the alleged grounds therefor and
the applicant or licensee will be given an opportunity for a hearing before the city council
before final action to revoke, suspend, deny, or not renew a license. A hearing will be
conducted before the city council at a public meeting, or the city council may retain an
administrative hearing officer or other impartial third party to conduct the public hearing.
The licensee shall have the right to be represented by counsel, the right to respond to the
charged violations, and the right to present evidence through witnesses. The rules of
evidence do not apply to the hearing and the city council may rely on all evidence it
determines to be reasonably credible. The determination to suspend or revoke the license
shall be made upon a preponderance of the evidence. It is not necessary that criminal
charges be brought in order to support a suspension or revocation of a license violation nor
does the dismissal or acquittal of such a criminal charge operate as a bar to suspension or
revocation.
(g) Decision basis. The council shall give due regard to the frequency and seriousness of
violations, the ease with which such violations could have been cured or avoided and good
faith efforts to comply and shall issue a decision to deny, not renew, suspend or revoke a
license only upon written findings.
(h) Affected facility. The council may suspend or revoke a license or not renew a license for
part or all of a facility.
(i) Suspension. Licenses may be suspended for up to 90 days and may, after the period of
suspension, be reinstated subject to compliance with this article and any conditions imposed
by the city council at the time of suspension including, but not limited to, receivership or
city obtaining control to manage the property temporarily.
(j) Written decision, compliance. A written decision to revoke, suspend, deny, or not renew a
license or application shall specify the part or parts of the facility to which it applies.
Thereafter, and until a license is reissued or reinstated, no rental units becoming vacant in
such part or parts of the facility may be relet or occupied.
(k) Continuing obligations, penalty. Revocation, suspension or nonrenewal of a license shall
not excuse the owner/licensee from compliance with all terms of this article, this Code, and
state laws for as long as any units in the facility are occupied. Failure to comply with all
terms of this article during the term of revocation, suspension or nonrenewal is a
misdemeanor and grounds for extension of the term of such revocation or suspension or
continuation of nonrenewal, or for a decision not to reinstate the license, notwithstanding
any limitations on the period of suspension, revocation or nonrenewal specified in the city
council's written decision.
(l) New licenses prohibited. A person who has a rental license revoked may not receive a
rental license for another property within the city for a period of one year from the date of
revocation. The person may continue to operate other currently licensed rental properties if
the properties are maintained in compliance with city codes and other applicable regulations.
(Ord. No. 13-06, § 1, 12-11-2013)
Sec. 105-99 - Summary action
(a) When the condition of the rental dwelling/multifamily rental dwelling of any license holder
or their agent, representative, employee or lessee is detrimental to the public health, safety
and general welfare as to constitute a nuisance, fire hazard or other unsafe or dangerous
condition and thus give rise to an emergency, the compliance official shall have the
authority to summarily condemn or close off such area of the rental dwelling/multifamily
rental dwelling.
(b) Any person aggrieved by a decision of the compliance official to cease business or revoke
or suspend the license or permit shall be entitled to appeal to the city council immediately,
by filing a notice of appeal. The administrator shall schedule a date for hearing before the
city council and notify the aggrieved person of the date.
(c) The hearing shall be conducted in the same manner as if the aggrieved person had not
received summary action.
(d) The decision of the compliance official shall not be voided by the filing of such appeal.
Only after the city council has held its hearing will the decision of the compliance official be
affected.
(Ord. No. 13-06, § 1, 12-11-2013; Ord. No. 19-06, § 19, 9-11-2019)
Sec. 105-100 - Applicable laws
Licenses shall be subject to all of the ordinances of the city and the State of Minnesota
relating to rental dwellings/multifamily rental dwellings; and this article shall not be construed or
interpreted to supersede or limit any other such applicable ordinance or law.
(Ord. No. 13-06, § 1, 12-11-2013; Ord. No. 19-06, § 20, 9-11-2019)
Sec. 105-101 - Multiple suspensions
If the license of more than one dwelling unit in a licensed premises is suspended within 12
months, the period of suspension for the second and subsequent dwelling units licensed that are
suspended may be doubled for the suspension period specified in section 105-96.
(Ord. No. 13-06, § 1, 12-11-2013)
Secs. 105-102 – 105-109 - Reserved
ARTICLE V - ELECTRICAL REGULATIONS3
Sec. 105-110 - Purpose; application of this article
(a) The purpose of this article is to implement the provisions of the Minnesota State Building
Code and Minnesota Rules Chapter 1315 which adopts the National Electrical Code.
(b) The provisions of this article shall apply to all installations of electrical conductors,
fittings, devices, fixtures hereinafter referred to as "electrical equipment", within or on
public and private buildings and premises, with the following general exceptions. The
provisions of this article do not apply to the installations in mines, ships, railway cars,
aircraft, automotive equipment or the installations or equipment employed by a railway,
electric or communication utility in the exercise of its functions as a utility, except as
otherwise provided in this article.
(c) As used in this article, "reasonably safe to persons and property" as applied to electrical
installations and electrical equipment means safe to use in the service for which the
installation or equipment is intended without unnecessary hazard to life, limb or property.
(d) For purposes of interpretation of the provisions of this article, the most recently published
edition of the National Electrical Code shall be prima facie evidence of the definitions and
scope of words and terms used in this article.
(Ord. No. 11-02, § 1, 7-13-2011)
Sec. 105-111 - Electrical inspector, qualifications and appointment
Creation; qualifications. There is hereby created the office of electrical inspector. The
person chosen to fill the office of electrical inspector shall be of good moral character, shall be
possessed of such executive ability as is requisite for the performance of his duties and shall have
a thorough knowledge of the standard materials and methods used in the installation of electrical
equipment; shall be well versed in approved methods of construction for safety to persons and
property; the statutes of the state relating to electrical work and any orders, rules and regulations
issued by authority thereof; and the National Electrical Code as approved by the American
Standards Association; shall have two years' experience as an electrical inspector or five years'
experience in the installation of electrical equipment, or a graduate mechanical or electrical
engineer with two years of practical electrical experience.
(1) Licensed inspector. The electrical inspector shall be a licensed master or journeymen
electrician as defined under Minnesota Statutes.
(2) Duties of the electrical inspector. It shall be the duty of the inspector to enforce the
provisions of this article. The inspector shall, upon application, grant permits for the
installation or alteration of electrical equipment, and shall make inspections of electrical
installations, all as provided in this article. The inspector shall keep complete records of
all permits issued, inspections and reinsertions made and other official work performed
in accordance with the provisions of this article.
a. No financial interest. It shall be unlawful for the inspector to engage in the sale,
installation or maintenance of electrical equipment, directly or indirectly, and the
inspector shall have no financial interest in any concern engaged in any such
business.
b. Authority of electrical inspector. The inspector shall have the right during
reasonable hours to enter any building or premises in the discharge of his official
duties, or for the purpose of making any inspection, reinsertion or test of electrical
equipment contained therein or its installation. When any electrical equipment is
found by the inspector to be dangerous to persons or property because it is
defective or defectively installed, the person responsible for the electrical
equipment shall be notified in writing and shall make any changes or repairs
required in the judgment of the inspector to place such equipment in safe condition.
If such work is not completed within 15 days, or any longer period that may be
specified by the inspector in said notice, the inspector shall have the authority to
disconnect or order discontinuance of electrical service to said electrical equipment.
In cases of emergency where necessary for safety to persons and property, or where
electrical equipment may interfere with the work of any fire department, the
inspector shall have the authority to disconnect or cause disconnection immediately
of any electrical equipment.
(Ord. No. 11-02, § 1, 7-13-2011; Ord. No. 21-01, § 4, 01-13-2021)
Sec. 105-112 - Standards for electrical equipment installation
(a) All installations of electrical equipment shall be reasonably safe to persons and property
and in conformity with the provisions of this article and the applicable statutes of the state
and all orders, rules and regulations issued by the authority thereof. All electrical equipment
shall be listed and labeled by a testing agency.
(b) Conformity of installations of electrical equipment with applicable regulations set forth in
the current National Electrical Code as adopted by the Minnesota Rules shall be prima facie
evidence that such installations are reasonably safe to persons and property. Noncompliance
with the provisions of this article or the National Electrical Code as adopted by the
Minnesota Rules shall be prima facie evidence that the installation is not reasonably safe to
persons and property.
(c) The electrical inspector may, with approval of the building official, authorize installations
of special wiring methods other than herein provided for.
(d) Buildings or structures moved from without to within and within the limits of the city shall
conform to all of the requirements of this Code for new buildings or structures.
(e) Existing buildings or structures hereafter changed in use shall conform in all respects to the
requirements of this Code for the new use.
(Ord. No. 11-02, § 1, 7-13-2011)
Sec. 105-113 - Connections to installations
(a) It shall be unlawful for any person to make connections from a supply of electricity to any
electrical equipment for the installation of which a permit is required or which has been
disconnected or ordered to be disconnected by the electrical inspector.
(b) The public or private utility providing services shall disconnect the same upon a written
order from the electrical inspector, if the inspector considers any electrical installation
unsafe to life and property or installed contrary to this Code.
(Ord. No. 11-02, § 1, 7-13-2011)
Sec. 105-114 - Permits and inspectors
(a) Permit required. An electrical permit is required for each installation, alteration, addition or
repair of electrical work for light, heat and power within the limits of the city. Permits for the
installation of electrical work in new structures shall only be issued to electrical contractors duly
licensed by the state. Permits for the installation, alteration, addition or repair of electrical work
in existing structures shall only be issued to electrical contractors duly licensed by the state or to
resident owners of property where the work is to be done.
(b) Public service corporation exception. No permit shall be required for electrical installations of
equipment owned, leased, operated or maintained by a public service corporation which is used
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by said corporation in the performance of its function as a utility, except that such electrical
installation shall conform to the minimum standards of the National Electrical Safety Code.
(c) Ownership. Ownership of any transmission or distribution lines or appurtenances thereto,
including, but not limited to, transformers, shall not be transferred by a public service corporation
to any person, except another franchised public service corporation dealing in electric energy for
distribution and sale, without a permit first having been issued therefore by the city. Such permit
shall be issued only after the facilities to be transferred have been inspected and approved as
provided in this article and upon payment of an inspection fee as set forth in this section of the
article.
(d) Application and plans. Application for such permit, describing the electrical work to be done,
shall be made in writing, to the city by the person so registered to do such work. The application
shall be accompanied by such plans, specifications and schedules as may be necessary to
determine whether the electrical installation as described will be in conformity with all the legal
requirements. The fees for electrical inspection as set forth in this section shall accompany such
application. If applicant has complied with all of the provisions of this section, a permit for such
electrical installation shall be issued.
(e) Concealment. All electrical installations which involve the concealment of wiring or equipment
shall have a "rough-in" inspection prior to concealment, wherein the inspector shall be duly
notified in advance, excluding Saturday, Sunday and holidays.
(f) Inspection fees.
(1) Permits required. Before commencing any installation of any work regulated by this
section, a permit therefore shall be secured from the building department and the fee for such
permit paid. The fees schedule set forth in Minn. Stats. § 326B.37 is adopted by reference
and incorporated herein. No such permit shall be issued to do any of the work or make any
installation regulated by this section except to persons licensed to do such work under the
terms of this section. Holders of a contractor's license shall not obtain permits for electrical
work unless the work is supervised by them and is performed by workers employed by them
or their firm.
(2) Fees double, when. Should any person begin work of any kind, such as set forth in this
section, or for which a permit from the electrical inspector is required by ordinance, without
having secured the necessary permit therefore from the inspector of buildings either previous
to or during the day of the commencement of any such work, or on the next succeeding day
where such work is commenced on a Saturday or on a Sunday or a holiday, he shall, when
subsequently securing such permit, be required to pay double the fees provided for such
permit.
(3) Additional fees and/or shortages. Additional fees and/or fee shortages must be received by
the city within 14 days of written notice. If additional fees and/or fee shortages are not
received within 14 days of notice, permits for electrical installations will not be accepted by
the city until such time as the additional fees and/or fee shortages are received.
(g) Electrical inspections.
(1) At regular intervals, the electrical inspector shall visit all premises where work may be
done under annual permits and shall inspect all electrical equipment installed under such a
permit since the day of his last previous inspection, and shall issue a certificate of approval
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for such work as is found to be in conformity with the provisions of this section, after the fee
required has been paid.
(2) When any electrical equipment is to be hidden from view by the permanent placement of
parts of the building, the person installing the equipment shall notify the electrical inspector
and such equipment shall not be concealed until it has been inspected and approved by the
electrical inspector or until 24 hours, exclusive of Saturdays, Sundays and holidays, shall
have elapsed from the time of such scheduled inspection; provided, that on large installations
where the concealment of equipment proceeds continuously, the person installing the
electrical equipment shall give the electrical inspector due notice and inspections shall be
made periodically during the progress of the work.
(3) If upon inspection, the installation is not found to be fully in conformity with the
provisions of this section, the electrical inspector shall at once forward to the person making
the installation a written notice stating the defects which have been found to exist.
(Ord. No. 11-02, § 1, 7-13-2011)
Secs. 105-115 through 105-119. Reserved.
(Ord. No. 22-01, § 2, 7-13-2022)
ARTICLE VI – VACANT PROPERTIES
Sec. 105-120. - Definitions
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Compliance official has the meaning assigned in Sec. 105-87.
Vacant Properties means a property with a building or buildings constructed or reconstructed
for a business or residential purpose that is unoccupied. This definition does not include an
uninhabited accessory dwelling unit, unless both the accessory dwelling unit and single-family
residence are unoccupied.
(Ord. No. 22-01, § 1, 7-13-2022)
Sec. 105-121. - Policy
The purpose of this subsection is to protect the public health, safety, and
welfare by establishing a program for the identification and registration of vacant Properties within
the City.
(Ord. No. 22-01, § 1, 7-13-2022)
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Sec. 105-122 - Registration required; form.
(1) The owner of a vacant Property located within the City, or an agent of the owner, shall
register the property with the compliance official. The registration shall be submitted on forms
provided by the compliance official and shall include the following information supplied by the
owner:
(a) Street address of the Vacant property;
(b) The names and addresses of the owner or owners;
(c) The contact phone number and email address of the owners and any property managers
or caretakers responsible for the upkeep or supervision of the property;
(d) The date the building became vacant, the period of time the building is expected to
remain vacant;
(e) A plan for compliance with all applicable provisions of City Code and other applicable
regulations, including building maintenance, snow removal, yard maintenance, and
nuisance prevention;
(f) Whether service for water, sewer, natural gas and electric utilities is active;
(g) The owner must notify the compliance official of any changes in information supplied
as part of the vacant building registration within 30 days of any change;
(h) The addresses of all other properties within the City, whether vacant, undeveloped, or
occupied, that the owner owns or has an ownership interest in;
(i) If a property is vacant and the owner fails to complete the registration process, the City
may administratively register the property.
(2) The current owner of a vacant property shall file a new registration with the compliance
official within 30 days of any of the following occurring:
(a) Any transfer of ownership interest in the property;
(b) Change of the contact phone number or email address of the owner or the property
manager or caretaker; or
(c) Change to the plan for compliance with applicable City Code provisions.
(3) The owner of a vacant property shall file a new registration every two years.
(Ord. No. 22-01, § 1, 7-13-2022)
Sec. 105-123. - Presumptions, exceptions, and fee waivers.
(1) Any one of the following conditions shall constitute a rebuttable presumption that a building
is vacant. It shall be the responsibility of the owner to establish that it is not a vacant property if any
of these conditions exist.
222097v5
(a) Discontinuance of trash service;
(b) Disconnection from water or sewer service; or
(c) Water usage of less than an average of 50 gallons over a three-month period.
(2) Vacant Properties are not required to register or pay the registration fee if any of the following
apply:
(a) the City or any governmental entity is the owner of the vacant property;
(b) the owner possesses a valid building permit for remodeling the building located
thereon or for construction of a new building on such property;
(c) there is a valid, unexpired business license issued by the City;
(d) there is a valid, unexpired residential rental license issued pursuant to Article IV of
Chapter 105;
(e) there is a valid development agreement or redevelopment agreement with the City; or
(f) the property is actively marked as “for sale” at a reasonable price by the owner or the
owner’s designee, broker, or agent. It is the obligation of the vacant Property owner to
produce evidence of active marketing at a reasonable price to claim this exemption. A
property listed on the MLS (multiple listing service) or similar listing service is
presumed to be actively marketed.
(3) The following vacant Properties are required to register, but the registration fee is waived;
(a) Residential properties with one or two dwelling units where the owner intends
to resume occupancy of at least one unit as a dwelling within 180 days;
provided, however, that failure to actually resume use of the vacant Property as a
dwelling within 180 days will result in imposition of the waived registration fee;
or
(b) The City Administrator may grant a waiver of the registration fee one time for
an owner suffering hardship and for which the registration fee is a burden.
(Ord. No. 22-01, § 1, 7-13-2022)
Sec. 105-124 - Recordkeeping
The compliance official shall maintain a record of all vacant buildings that have become
known to the compliance official, including those registered and those not registered.
(Ord. No. 22-01, § 1, 7-13-2022)
Sec. 105-125 - Fees.
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The City Council may, by fee schedule or ordinance, adopt a fee or fees for the
registration required by this article. If adopted, the fee must be limited to the reasonable costs
associated with registration, enforcement, and compliance of this article.
(Ord. No. 22-01, § 1, 7-13-2022)
Footnotes:
1 Editor's note – Ord. No. 12-04, § 1 adopted May 23, 2012, amended Art. III in its entirety to
read as set out herein. Former Art. III, §§ 105-56 – 105-63, pertained to housing code and
derived from the Code of 1993, §§ 10-1.01, 10-1.02, 10-2.01 – 10-2.04. 10-3.01, 10-4.01; Ord.
No. 97-05, § 1, adopted July 9, 1997.
2 Editor's note – Ord. No. 13-06, § 1, adopted Dec. 11, 2013, amended Art. IV in its entirety to
read as set out herein. Former Art. IV, §§ 105-86 – 105-99, pertained to similar subject matter
and derived from Ord. No. 08-04, § 1, adopted Oct. 22, 2008.
3 Editor's note – Ord. No. 11-02, § 1, adopted July 13, 2011, set out provisions intended for use
as Art. IV, §§ 105-70 – 105-74. Inasmuch as there were already provisions so designated, these
provisions have been redesignated as Art. V, §§ 105-110 – 105-114, at the discretion of the
editor.
ITEM FOR DISCUSSION
City of Falcon Heights, Minnesota
__________________________
Item Adult-Use Cannabis Discussion
Description
The Minnesota Office of Cannabis Management has issued a Guide for Local
Governments on Adult-Use Cannabis and a model ordinance for zoning
changes and registration with the new law around Minnesota’s new adult-use
cannabis law.
The City of Falcon Heights currently has a moratorium on permitting cannabis
businesses until January 2025.
How are local governments involved?
• Local governments serve as a near-final approval check on cannabis
businesses nearing the awarding of a state license for operations. Once
an applicant has been vetted by OCM and is selected for proceeding in
the verification process, they are then required to receive the local
government’s certification of zoning compliance and, if applicable, retail
registration before operations may commence.
• Local governments may issue a retail registration after verifying the
business has a valid license or license preapproval issued by OCM and
has paid a registration fee or renewal fee to the local government.
• Local governments may not issue outright bans on cannabis businesses
or limit operations in a manner beyond what is provided by state law.
What can local government do?
• Limit the number of retailers and microbusiness/mezzobusinesses with
retail endorsements within the City, as long as there is at least one retail
location per 12,500 residents. (Can issue more permits than this,
however)
• Local governments may adopt an ordinance limiting hours of operation
between 10 a.m. and 9 p.m. seven days a week, and that State statute
prohibits the sale of cannabis between 2 a.m. and 8 a.m. Monday
through Saturday, and between 2 a.m. and 10 a.m. on Sundays.
• Local governments may prohibit the operation of a cannabis business
within 1,000 feet of a school, or 500 feet of a daycare, residential
Meeting Date July 23, 2024
Agenda Item C-2
Attachment See below.
Submitted By Hannah Lynch, Community
Development Coordinator
treatment facility, or an attraction within a public park that is regularly
used by minors, including a playground or athletic field.
• Local governments may zone businesses under existing zoning
ordinances in accordance with the license type or endorsed activities
held by the cannabis business (see pg. 13-14 of attached guide). The
local government can determine if the use requires a Conditional Use
Permit.
• Local governments must conduct compliance checks for cannabis and
hemp businesses holding retail registration at least once per calendar
year. These checks must verify compliance with age verification
procedures and compliance with any applicable local ordinances.
Budget Impact None.
Attachment(s) • A Guide for Local Governments on Adult-Use Cannabis
Action(s)
Requested
Staff requests the Planning Commission discuss adult-use cannabis business
types in regard to zoning, and what type of permit they would need within the
City.
A Guide for Local Governments
on Adult-Use Cannabis
Version 1.2
June 25, 2024
Table of Contents
Introduction ............................................................... 3
About OCM ............................................................... 4
Cannabis License Types ............................................. 5
Adult-Use Cannabis Law ........................................... 7
Cannabis Licensing Process........................................ 8
General Authorities .................................................. 10
Zoning and Land Use ................................................ 12
Local Approval Process ............................................. 15
Inspections and Compliance Checks ........................ 18
Municipal Cannabis Stores ...................................... 19
Creating Your Local Ordinance ............................... 20
Additional Resources ................................................ 21
Introduction
This guide serves as a general overview of Minnesota’s new adult-use cannabis law, and
how local governments can expect to be involved. The guide also provides important
information about Minnesota’s new Office of Cannabis Management (OCM), and the
office’s structure, roles, and responsibilities. While medical cannabis continues to play an
important role in the state’s cannabis environment, this guide is primarily focused on the
adult-use cannabis law and marketplace.
The following pages outline the variety of cannabis business licenses that will be issued,
provide a broad summary of important aspects of the adult-use cannabis law, and cover a
wide range of expectations and authorities that relate to local governments. This guide also
provides best practices and important requirements for developing a local cannabis
ordinance.
Chapter 342 of Minnesota law
was established by the State
Legislature in 2023 and was
updated in 2024. Mentions of
“adult-use cannabis law” or “the
law” throughout this guide refer
to Chapter 342 and the changes
made to it.
As of this guide’s date of
publication, state regulations
governing the adult-use
cannabis market have not yet
been published—this document
will be updated when such
regulations become effective.
This guide is not a substitute for legal advice, nor does it seek to provide legal advice. Local governments and
municipal officials seeking legal advice should consult an attorney.
Page 3
About OCM
Minnesota’s Office of Cannabis Management is the state regulatory office created to
oversee the implementation and regulation of the adult-use cannabis market, the medical
cannabis market, and the consumer hemp industry. Housed within OCM are the Division
of Medical Cannabis (effective July 1, 2024), which operates the medical cannabis
program, and the Division of Social Equity, which promotes development, stability, and
safety in communities that have experienced a disproportionate, negative impact from
cannabis prohibition and usage.
OCM, through Chapter 342, is tasked with establishing rules and policy and exercising its
regulatory authority over the Minnesota cannabis industry. In its duties, OCM is mandated
to:
Promote public health and welfare.
Protect public safety.
Eliminate the illicit market for cannabis flower and cannabis products.
Meet the market demand for cannabis flower and cannabis products.
Promote a craft industry for cannabis flower and cannabis products.
Prioritize growth and recovery in communities that have experienced a
disproportionate, negative impact from cannabis prohibition.
OCM governs the application and licensing process for cannabis and hemp businesses,
specific requirements for each type of license and their respective business activities, and
conducts enforcement and inspection activities across the Minnesota cannabis and hemp
industries.
Page 4
License Types
Minnesota law allows for 13 different types of business licenses, each fulfilling a unique role
in the cannabis and hemp supply chain. In addition to license types below, OCM will also
issue endorsements to license holders to engage in specific activities, including producing,
manufacturing, and sale of medical cannabis for patients.
Microbusiness
Microbusinesses may cultivate cannabis and manufacture cannabis products and hemp
products, and package such products for sale to customers or another licensed cannabis
business. Microbusiness may also operate a single retail location.
Mezzobusiness
Mezzobusinesses may cultivate cannabis and manufacture cannabis products and hemp
products, and package such products for sale to customers or another licensed cannabis
business. Mezzobusiness may also operate up to three retail locations.
Cultivator
Cultivators may cultivate cannabis and package such cannabis for sale to another licensed
cannabis business.
Manufacturer
Manufacturers may manufacture cannabis products and hemp products, and package such
products for sale to a licensed cannabis retailer.
Retailer
Retailers may sell immature cannabis plants and seedlings, cannabis, cannabis products,
hemp products, and other products authorized by law to customers and patients.
Wholesaler
Wholesalers may purchase and/or sell immature cannabis plants and seedlings, cannabis,
cannabis products, and hemp products from another licensed cannabis business.
Wholesalers may also import hemp-derived consumer products and lower-potency hemp
edibles.
Page 5
License Types (continued)
Transporter
Transporters may transport immature cannabis plants and seedlings, cannabis, cannabis
products, and hemp products to licensed cannabis businesses.
Testing Facility
Testing facilities may obtain and test immature cannabis plants and seedlings, cannabis,
cannabis products, and hemp products from licensed cannabis businesses.
Event Organizer
Event organizers may organize a temporary cannabis event lasting no more than four days.
Delivery Service
Delivery services may purchase cannabis, cannabis products, and hemp products from
retailers or cannabis business with retail endorsements for transport and delivery to
customers.
Medical Cannabis Combination Business
Medical cannabis combination businesses may cultivate cannabis and manufacture
cannabis and hemp products, and package such products for sale to customers, patients,
or another licensed cannabis business. Medical cannabis combination businesses may
operate up to one retail location in each congressional district.
Lower-Potency Hemp Edible Manufacturer
Lower-potency hemp edible manufacturers may manufacture and package lower-potency
hemp edibles for consumer sale, and sell hemp concentrate and lower-potency hemp
edibles to other cannabis and hemp businesses.
Lower-Potency Hemp Edible Retailer
Lower-potency hemp edible retailers may sell lower-potency hemp edibles to customers.
Each license is subject to further restrictions on allowable activities. Maximum cultivation
area and manufacturing allowances vary by license type. Allowable product purchase,
transfer, and sale between licensees are subject to restrictions in the law.
Page 6
The Adult-Use Cannabis Law
Minnesota’s new adult-use cannabis law permits the personal use, possession, and
transportation of cannabis by those 21 years of age and older, and allows licensed
businesses to conduct cultivation, manufacturing, transport, delivery, and sale of cannabis
and cannabis products.
For Individuals
Possession limits:
Flower - 2 oz. in public, 2 lbs. in private residence
Concentrate - 8 g
Edibles (including lower-potency hemp) - 800 mg THC
Consumption only allowed on private property or at licensed businesses with on-site
consumption endorsements. Consumption not allowed in public.
Gifting cannabis to another individual over 21 years old is allowed, subject to
possession limits.
Home cultivation is limited to four mature and four immature plants (eight total) in a
single residence. Plants must be in an enclosed and locked space.
Home extraction using volatile substances (e.g., butane, ethanol) is not allowed.
Unlicensed sales are not allowed.
For Businesses
Advertising:
May not include or appeal to those under 21 years old.
Must include proper warning statements.
May not include misleading claims or false statements.
Billboards are not allowed.
The flow of all products through the supply chain must be
tracked by the state-authorized tracking system.
All products sold to consumers and patients must be
tested for contaminants.
Home delivery is allowed by licensed businesses.
Page 7
The Cannabis Licensing Process
An applicant will take the following steps to proceed from application to active licensure.
As described, processes vary depending on social equity status and/or whether the type of
license being sought is capped or uncapped in the general licensing process.
License Preapproval: Early Mover Process for Social
Equity Applicants
The license preapproval process is a one-time application process available for verified social
equity applicants. State law requires OCM to open the application window on July 24,
2024, and close the window on August 12, 2024. The preapproval process is available for
the following license types, and all are capped in this process: microbusiness, mezzobusiness,
cultivator, retailer, wholesaler, transporter, testing facility, and delivery service.
Applicant’s social equity applicant (SEA) status verified.
Complete application and submit application fees.
Application vetted for minimum requirements by OCM.
Application (if qualified) entered into lottery drawing.
If selected in lottery, OCM completes background check of selected applicant and
issues license preapproval.
Applicant with license preapproval* submits business location and amends application
accordingly.
OCM forwards completed application to local government.
Local government completes certification of zoning compliance.
OCM conducts site inspection.
When regulations are adopted, license becomes active, operations may commence.
*For social equity applicants with license preapproval for microbusiness, mezzobusiness, or
a cultivator license, they may begin growing cannabis plants prior to the adoption of rules if
OCM receives approval from local governments in a form and manner determined by the
office. This is only applicable to cultivation and does not authorize retail sales or other
endorsed activities of the licenses prior to the adoption of rules.
Preapproval steps:
Page 8
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
The Cannabis Licensing Process (cont.)
The general licensing process will align with the adoption of rules and OCM will share more
information about the timing of general licensing process. The general licensing process
includes social equity applicants and non-social equity applicants.
General Licensing: Cultivator, Manufacturer, Retailer, Mezzobusiness
Complete application and submit application fees.
Application vetted for minimum requirements by OCM.
Application (if qualified) entered into lottery drawing.
If selected in lottery, OCM completes background check of selected applicant and
issues preliminary approval.
Applicant with preliminary approval submits business location and amends application
accordingly.
OCM forwards completed application to local government.
Local government completes certification of zoning compliance.
OCM conducts site inspection.
License becomes active, operations may commence.*
General Licensing: Microbusiness, Wholesaler, Transporter, Testing
Facility, Event Organizer
Complete application and submit application fees.1.
Application vetted for minimum requirements by OCM.2.
For qualified applicants, OCM completes background check of vetted applicant and
issues preliminary approval.
3.
Selected applicant submits business location and amends application accordingly.4.
OCM forwards completed application to local government.5.
Local government completes certification of zoning compliance.6.
OCM conducts site inspection.7.
License becomes active, operations may commence.*8.
1.
2.
3.
4.
5.
6.
7.
8.
9.
*For businesses seeking a retail endorsement (microbusiness, mezzobusiness, and retailer),
a valid local retail registration is required prior to the business commencing any retail sales.
See Page 16 for information on the local retail registration process.
Page 9
General Authorities
Local governments in Minnesota have various means of oversight over the cannabis market,
as provided by the adult-use cannabis law. Local governments may not issue outright bans on
cannabis business, or limit operations in a manner beyond what is provided by state law.
Cannabis Retail Restrictions (342.13)
Local governments may limit the number of retailers and microbusiness/mezzobusinesses
with retail endorsements allowed within their locality, as long as there is at least one retail
location per 12,500 residents. Local units of government are not obligated to seek out a
business to register as cannabis business if they have not been approached by any potential
applicants, but cannot prohibit the establishment of a business if this population
requirement is not met. Local units of government may also issue more than the minimum
number of registrations. Per statutory direction, a municipal cannabis store (Page 19)
cannot be included in the minimum number of registrations required. For population
counts, the state demographer estimates will likely be utilized.
Tribal Governments (342.13)
OCM is prohibited from and will not issue state licenses to businesses in Indian Country
without consent from a tribal nation. Tribal nations hold the authority to license tribal
cannabis businesses on tribal lands – this process is separate than OCM’s licensing
process and authority. Subject to compacting, Tribal nations may operate cannabis
businesses off tribal lands. There will be more information available once the compacting
processes are complete.
Taxes (295.81; 295.82)
Retail sales of taxable cannabis products are subject to the state and local sales and use tax
and a 10% gross receipts tax. Cannabis gross receipts tax proceeds are allocated as follows:
20% to the local government cannabis aid account and 80% to the state general fund.
Local taxes imposed solely on sale of cannabis products are prohibited.
Cannabis retailers will be subject to the same real property tax classification as all other
retail businesses. Real property used for raising, cultivating, processing, or storing cannabis
plants, cannabis flower, or cannabis products for sale will be classified as commercial and
industrial property.
Page 10
General Authorities (cont.)
Retail Timing Restrictions (342.13)
Local governments may prohibit retail sales of cannabis between the hours of 8 a.m. and
10 a.m. Monday-Saturday, and 9 p.m. and 2 a.m. the following day.
Operating Multiple Locations with One License
Certain cannabis licenses allow for multiple retail locations to be operated under a single
license, with the following limitations:
Retailers: up to five retail locations.
Mezzobusinesses: up to three retail locations.
Microbusinesses: up to one retail location.
Medical cannabis combination businesses: one retail location per congressional
district. Additionally, medical cannabis combination businesses may cultivate at more
than one location within other limitations on cultivation.
For all other license types, one license permits the operation of one location. Each retail
location requires local certification and/or registration.
Page 11
Zoning and Land Use
Buffer Guidelines (342.13)
State law does not restrict how a local government conducts its zoning designations for
cannabis businesses, except that they may prohibit the operation of a cannabis business
within 1,000 feet of a school, or 500 feet of a day care, residential treatment facility, or
an attraction within a public park that is regularly used by minors, including playgrounds
and athletic fields.
Zoning Guidelines
While each locality conducts its zoning differently, a few themes have emerged across the
country. For example, cannabis manufacturing facilities are often placed in industrial
zones, while cannabis retailers are typically found in commercial/retail zones. Cannabis
retail facilities align with general retail establishments and are prohibited from allowing
consumption or use onsite, and are also required to have plans to prevent the visibility of
cannabis and hemp-derived products to individuals outside the retail location. Industrial
hemp is an agricultural product, and should be zoned as such.
Cannabis businesses should be zoned under existing zoning ordinances in accordance with
the license type or endorsed activities held by the cannabis business. Note that certain
types of licenses may be able to perform multiple activities which may have different
zoning analogues. In the same way municipalities may zone a microbrewery that
predominately sells directly to onsite consumers differently than a microbrewery that sells
packaged beer to retailers and restaurants, so too might a municipality wish to zone two
microbusinesses based on the actual activities that each business is undertaking. Table 1,
included on Pages 13 and 14, explains the types of activities that cannabis businesses might
undertake, as well as, some recommended existing zoning categories.
Page 12
Endorsed Activity
License Type
Eligible to Do
Endorsed Activity
Description of Activity Comparable
Districts
Municipal
Considerations
Cultivation
Cultivator
Mezzobusiness
Microbusiness
Medical Cannabis
Combination
"Cultivation" means any
activity involving the planting,
growing, harvesting, drying,
curing, grading, or trimming
of cannabis plants, cannabis
flower, hemp plants, or hemp
plant parts.
Indoor:
Industrial,
Commercial,
Production
Outdoor:
Agricultural
Odor
Potential need for
transportation from
facility
Waste, water, and
energy usage
Security
Cannabis
Manufacturing,
Processing,
Extraction
Manufacturer
Mezzobusiness
Microbusiness
Medical Cannabis
Combination
This group of endorsed
activities turn raw, dried
cannabis and cannabis parts
into other types of cannabis
products, e.g. edibles or
topicals.
Industrial,
Commercial,
Production
Odor
Potential need for
transportation from
facility
Waste, water, and
energy usage
Security
Hemp
Manufacturing
Lower-Potency
Hemp Edible
(LPHE)
Manufacturing
These business convert hemp
into LPHE edible prodcuts.
Industrial,
Commercial,
Production
Odor
Waste, water, and
energy
Wholesale
Wholesale
Cultivator
Manufacturer
Mezzobusiness
Microbusiness
Medical Cannabis
Combination
This activity and license type
allows a business to purchase
from a business growing or
manufacturing cannabis or
cannabis products and sell to
a cannabis business engaged
in retail.
Industrial,
Commercial,
Production
Need for
transportation from
facility
Security
Page 13
Zoning and Land Use (cont.)
Table 1: Cannabis and Hemp Business Activities
Page 14
Endorsed Activity
License Type
Eligible to Do
Endorsed Activity
Description of
Activity
Comparable
Districts
Municipal
Considerations
Cannabis Retail
Retailer
Mezzobusiness
Microbusiness
Medical Cannabis
Combination
This endorsed
activity and license
types allow a business
to sell cannabis and
cannabis products
directly to
consumers.
Retail,
Neighborhood
Shopping Districts,
Light Industrial,
Existing districts
where off-sale liquor
or tobacco sales are
allowed.
Micros may offer
onsite consumption,
similar to breweries.
Micros and Mezzos
may include multiple
activities: cultivation,
manufacture, and/or
retail.
Transportation Cannabis
Transporter
This license type
allows a company to
transport products
from one license
type to another.
Fleet based business
that will own multiple
vehicles, but not
necessarily hold a
substantial amount
of cannabis or
cannabis products.
Delivery Cannabis Delivery
This license type
allows for
transportation to the
end consumer.
Fleet based business
that will own multiple
vehicles, but not
necessarily hold a
substantial amount
of cannabis or
cannabis products.
Events Event Organizer
This license entitles
license holder to
organizer a
temporary event
lasting no more than
four days.
Anywhere that the
city permits events
to occur, subject to
other restrictions
related to cannabis
use.
On site
consumption.
Retail sales by a
licensed or endorsed
retail business
possible.
Zoning and Land Use (cont.)
Table 1: Cannabis and Hemp Business Activities (continued)
Local Approval Process
Local governments play a critical role in the licensing
process, serving as a near-final approval check on
cannabis businesses nearing the awarding of a state
license for operations. Once an applicant has been
vetted by OCM and is selected for proceeding in the
verification process, they are then required to receive
the local government’s certification of zoning
compliance and/or local retail registration before
operations may commence.
Local Certification of Zoning Compliance (342.13;
342.14)
Following OCM’s vetting process, local governments must certify that the applicant with
preliminary approval has achieved compliance with local zoning ordinances prior to the
licensee receiving final approval from OCM to commence operations.
During the application and licensing process for cannabis businesses, OCM will notify a
local government when an applicant intends to operate within their jurisdiction and request
a certification as to whether a proposed cannabis business complies with local zoning
ordinances, and if applicable, whether the proposed business complies with state fire code
and building code.
According to Minnesota’s cannabis law, a local unit of government has 30 days to respond
to this request for certification of compliance. If a local government does not respond to
OCM’s request for certification of compliance within the 30 days, the cannabis law allows
OCM to issue a license. OCM may not issue the final approval for a license if the local
government has indicated they are not in compliance.
OCM will work with local governments to access the licensing software system to
complete this zoning certification process.
Page 15
Local Approval Process (cont.)
Local Retail Registration Process (342.22)
Once the licensing process begins, local government registration applies to cannabis
retailers or other cannabis/hemp businesses seeking a retail endorsement. Local
governments must issue a retail registration after verifying that:
The business has a valid license or license preapproval issued by OCM.
The business has paid a registration fee or renewal fee to the local government;
Initial registration fees collected by a local government may be $500 or half the
amount of the applicable initial license fee, whichever is less, and renewal
registration fees may be $1,000 or half the amount of the applicable renewal
license fee, whichever is less.
The business is found to be in compliance with Chapter 342 and local ordinances.
If applicable, the business is current on all property taxes and assessments for the
proposed retail location.
Local registrations may also be issued by counties if the respective local government
transfers such authorities to the county.
Determining a Process for Limiting Retail Registrations
If a local government wishes to place a limitation on the number of retailers and
microbusiness/mezzobusinesses with retail endorsements allowed within their locality (as
long as there is at least one retail location per 12,500 residents, see Page 10), state law
does not define the process for a local government’s selection if there are more applicants
than registrations available. A few options for this process include the use of a lottery, a
first-come/first-serve model, a rolling basis, and others. Local governments should work
with an attorney to determine their specific process for selection if they wish to limit the
number of licensed cannabis retailers per 342.13. Local governments are not required to
limit the number of licensed cannabis retailers.
Page 16
Local Approval Process (cont.)
Local governments are permitted specific authorities for registration refusal and
registration suspension, in addition to—and not in conflict with—OCM authorities.
Registration and Renewal Refusals
Local governments may refuse the registration
and/or certification of a license renewal if the
license is associated with an individual or business
who no longer holds a valid license, has failed to pay
the local registration or renewal fee, or has been
found in noncompliance in connection with a
preliminary or renewal compliance check.
Local Registration Suspension (342.22)
Local governments may suspend the local retail registration of a cannabis business or
hemp business if the business is determined to not be operating in compliance with a
local ordinance authorized by 342.13 or if the operation of the business poses an
immediate threat to the health and safety of the public. The local government must
immediately notify OCM of the suspension if it occurs. OCM will review the
suspension and may reinstate the registration or take enforcement action.
Expedited Complaint Process (342.13)
Per state law, OCM will establish an expedited complaint process during the rulemaking
process to receive, review, read, and respond to complaints made by a local unit of
government about a cannabis business. Upon promulgation of rules, OCM will publish
the complaint process.
At a minimum, the expedited complaint process shall require the office to provide an
initial response to the complaint within seven days and perform any necessary
inspections within 30 days. Within this process, if a local government notifies OCM
that a cannabis business poses an immediate threat to the health or safety of the public,
the office must respond within one business day.
Page 17
Inspections & Compliance Checks
Local governments are permitted specific business inspection and compliance check
authorities, in addition to—and not in conflict with—OCM authorities.
Inspections and Compliance Checks (342.22)
Local governments must conduct compliance
checks for cannabis and hemp businesses
holding retail registration at least once per
calendar year. These compliance checks must
verify compliance with age verification
procedures and compliance with any applicable
local ordinance established pursuant to 342.13.
OCM maintains inspection authorities for all
cannabis licenses to verify compliance with
operation requirements, product limits, and
other applicable requirements of Chapter 342.
Page 18
Municipal Cannabis Stores
State law requires OCM issue a license to a
city or county seeking to operate a single
municipal cannabis store if the city or
county:
As authorized in Chapter 342.32, local
governments are permitted to apply for
a cannabis retail license to establish and
operate a municipal cannabis store.
Submits required application information to OCM,
Meets minimum requirements for licensure, and
Pays applicable application and license fee.
A municipal cannabis store will not be included in the total count of retail licenses issued by
the state under Chapter 342.
A municipal cannabis store cannot be counted as retail registration for purposes of
determining whether a municipality’s cap on retail registrations imposed by ordinance.
Page 19
Creating Your Local Ordinance
Local governments may not prohibit the possession,
transportation, or use of cannabis, or the establishment
or operation of a cannabis business licensed under state
law.
Local governments may adopt reasonable restrictions on
the time, place, and manner of cannabis business
operations (see Page 11).
Local governments may adopt interim ordinances to
protect public safety and welfare, as any studies and/or
further considerations on local cannabis activities are
being conducted, until January 1, 2025. A public hearing
must be held prior to adoption of an interim ordinance.
If your local government wishes to operate a municipal
cannabis store, the establishment and operation of such
a facility must be considered in a local ordinance.
As authorized in 342.13, a local government may adopt a local ordinance regarding
cannabis businesses. Establishing local governments’ ordinances on cannabis businesses in
a timely manner is critical for the ability for local cities or towns to establish local control as
described in the law, and is necessary for the success of the statewide industry and the
ability of local governments to protect public health and safety. The cannabis market’s
potential to create jobs, generate revenue, and contribute to economic development at
the local and state level is supported through local ordinance work. The issuance of local
certifications and registrations to prospective cannabis businesses is also dependent on
local ordinances.
Model Ordinance
For additional guidance regarding the creation of a cannabis related ordinance, please
reference the addendum in this packet.
Page 20
Additional Resources
OCM Toolkit for Local Partners
Please visit OCM webpage (mn.gov/ocm/local-governments/) for additional information,
including a toolkit of resources developed specifically for local government partners. The
webpage will be updated as additional information becomes available and as state
regulations are adopted.
These resources are also included in the addendum of this packet.
Toolkit resources include:
Appendix A: Model Ordinance
Appendix B: Hemp Flower and Hemp-Derived Cannabinoid Product Checklist
Appendix C: Enforcement Notice from the Office of Cannabis Management
Appendix D: Notice to Unlawful Cannabis Sellers
Local Organizations
There are several organizations who also have developed resources to support local
governments regarding the cannabis industry. Please feel free to contact the
following for additional resources:
League of Minnesota Cities
Association of Minnesota Counties
Minnesota Public Health Law Center
Page 21
Appendix A: Model Ordinance
Cannabis Model Ordinance
The following model ordinance is meant to be used as a resource for cities, counties, and townships within
Minnesota. The italicized text in red is meant to provide commentary and notes to jurisdictions considering
using this ordinance and should be removed from any ordinance formally adopted by said jurisdiction.
Certain items are not required to be included in the adopted ordinance: ‘OR’ and (optional) are placed
throughout for areas where a jurisdiction may want to consider one or more choices on language.
Section 1 Administration
Section 2 Registration of Cannabis Business
Section 3 Requirements for a Cannabis Business (Time, Place, Manner)
Section 4 Temporary Cannabis Events
Section 5 Lower Potency Hemp Edibles
Section 6 Local Government as a Retailer
Section 7 Use of Cannabis in Public
AN ORDINANCE OF THE (CITY/COUNTY OF ______) TO REGULATE CANNABIS
BUSINESSES
The (city council/town board/county board) of (city/town/county) hereby ordains:
Section 1. Administration
1.1 Findings and Purpose
(insert local authority) makes the following legislative findings:
The purpose of this ordinance is to implement the provisions of Minnesota Statutes,
chapter 342, which authorizes (insert local authority) to protect the public health, safety,
welfare of (insert local here) residents by regulating cannabis businesses within the legal
boundaries of (insert local here).
(insert local authority) finds and concludes that the proposed provisions are appropriate
and lawful land use regulations for (insert local here), that the proposed amendments will
promote the community's interest in reasonable stability in zoning for now and in the
future, and that the proposed provisions are in the public interest and for the public good.
1.2 Authority & Jurisdiction
A county can adopt an ordinance that applies to unincorporated areas and cities that have
delegated authority to impose local zoning controls.
(insert local authority) has the authority to adopt this ordinance pursuant to:
a) Minn. Stat. 342.13(c), regarding the authority of a local unit of government to
adopt reasonable restrictions of the time, place, and manner of the operation of
a cannabis business provided that such restrictions do not prohibit the
establishment or operation of cannabis businesses.
b) Minn. Stat. 342.22, regarding the local registration and enforcement
requirements of state-licensed cannabis retail businesses and lower-potency
hemp edible retail businesses.
c) Minn. Stat. 152.0263, Subd. 5, regarding the use of cannabis in public places.
d) Minn. Stat. 462.357, regarding the authority of a local authority to adopt zoning
ordinances.
Ordinance shall be applicable to the legal boundaries of (insert local here).
(Optional) (insert city here) has delegated cannabis retail registration authority to (insert county here).
However, (insert city here) may adopt ordinances under Sections (2.6, 3 and 4) if (insert county here) has
not adopted conflicting provisions.
1.3 Severability
If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional
or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not
be affected thereby.
1.4 Enforcement
The elected body of a jurisdiction can choose to designate an official to administer and
enforce this ordinance.
The (insert name of local government or designated official) is responsible for the
administration and enforcement of this ordinance. Any violation of the provisions of this
ordinance or failure to comply with any of its requirements constitutes a misdemeanor
and is punishable as defined by law. Violations of this ordinance can occur regardless of
whether or not a permit is required for a regulated activity listed in this ordinance.
1.5 Definitions
1. Unless otherwise noted in this section, words and phrases contained in Minn. Stat. 342.01
and the rules promulgated pursuant to any of these acts, shall have the same meanings in
this ordinance.
2. Cannabis Cultivation: A cannabis business licensed to grow cannabis plants within the
approved amount of space from seed or immature plant to mature plant. harvest
cannabis flower from mature plant, package and label immature plants and seedlings
and cannabis flower for sale to other cannabis businesses, transport cannabis flower to a
cannabis manufacturer located on the same premises, and perform other actions
approved by the office.
3. Cannabis Retail Businesses: A retail location and the retail location(s) of a
mezzobusinesses with a retail operations endorsement, microbusinesses with a retail
operations endorsement, medical combination businesses operating a retail location,
(and/excluding) lower-potency hemp edible retailers.
4. Cannabis Retailer: Any person, partnership, firm, corporation, or association, foreign or
domestic, selling cannabis product to a consumer and not for the purpose of resale in any
form.
5. Daycare: A location licensed with the Minnesota Department of Human Services to
provide the care of a child in a residence outside the child's own home for gain or
otherwise, on a regular basis, for any part of a 24-hour day.
6. Lower-potency Hemp Edible: As defined under Minn. Stat. 342.01 subd. 50.
7. Office of Cannabis Management: Minnesota Office of Cannabis Management, referred to
as “OCM” in this ordinance.
8. Place of Public Accommodation: A business, accommodation, refreshment,
entertainment, recreation, or transportation facility of any kind, whether licensed or not,
whose goods, services, facilities, privileges, advantages or accommodations are extended,
offered, sold, or otherwise made available to the public.
9. Preliminary License Approval: OCM pre-approval for a cannabis business license for
applicants who qualify under Minn. Stat. 342.17.
10. Public Place: A public park or trail, public street or sidewalk; any enclosed, indoor area
used by the general public, including, but not limited to, restaurants; bars; any other food
or liquor establishment; hospitals; nursing homes; auditoriums; arenas; gyms; meeting
rooms; common areas of rental apartment buildings, and other places of public
accommodation.
11. Residential Treatment Facility: As defined under Minn. Stat. 245.462 subd. 23.
12. Retail Registration: An approved registration issued by the (insert local here) to a state-
licensed cannabis retail business.
13. School: A public school as defined under Minn. Stat. 120A.05 or a nonpublic school that
must meet the reporting requirements under Minn. Stat. 120A.24.
14. State License: An approved license issued by the State of Minnesota’s Office of Cannabis
Management to a cannabis retail business.
Section 2. Registration of Cannabis Businesses
A city or town can delegate authority for registration to the County. A city or town can still adopt specific
requirement regarding zoning, buffers, and use in public places, provided said requirements are not in
conflict with an ordinance adopted under the delegated authority granted to the County.
2.1 Consent to registering of Cannabis Businesses
No individual or entity may operate a state-licensed cannabis retail business within (insert
local here ) without first registering with (insert local here).
Any state-licensed cannabis retail business that sells to a customer or patient without valid
retail registration shall incur a civil penalty of (up to $2,000) for each violation.
Notwithstanding the foregoing provisions, the state shall not issue a license to any
cannabis business to operate in Indian country, as defined in United States Code, title 18,
section 1151, of a Minnesota Tribal government without the consent of the Tribal
government.
2.2 Compliance Checks Prior to Retail Registration
A jurisdiction can choose to conduct a preliminary compliance check prior to issuance of
retail registration.
Prior to issuance of a cannabis retail business registration, (insert local here) (shall/shall
not) conduct a preliminary compliance check to ensure compliance with local ordinances.
Pursuant to Minn. Stat. 342, within 30 days of receiving a copy of a state license
application from OCM, (insert local here) shall certify on a form provided by OCM whether
a proposed cannabis retail business complies with local zoning ordinances and, if
applicable, whether the proposed business complies with the state fire code and building
code.
2.3 Registration & Application Procedure
2.3.1 Fees.
(insert local here) shall not charge an application fee.
A registration fee, as established in (insert local here )’s fee schedule, shall be charged to
applicants depending on the type of retail business license applied for.
An initial retail registration fee shall not exceed $500 or half the amount of an initial state
license fee under Minn. Stat. 342.11, whichever is less. The initial registration fee shall
include the initial retail registration fee and the first annual renewal fee.
Any renewal retail registration fee imposed by (insert local here) shall be charged at the
time of the second renewal and each subsequent renewal thereafter.
A renewal retail registration fee shall not exceed $1,000 or half the amount of a renewal
state license fee under Minn. Stat. 342.11, whichever is less.
A medical combination business operating an adult-use retail location may only be
charged a single registration fee, not to exceed the lesser of a single retail registration fee,
defined under this section, of the adult-use retail business.
2.3.2 Application Submittal.
The (insert local here) shall issue a retail registration to a state-licensed cannabis retail
business that adheres to the requirements of Minn. Stat. 342.22.
(A) An applicant for a retail registration shall fill out an application form, as provided
by the (insert local here). Said form shall include, but is not limited to:
i. Full name of the property owner and applicant;
ii. Address, email address, and telephone number of the applicant;
iii. The address and parcel ID for the property which the retail registration is
sought;
iv. Certification that the applicant complies with the requirements of local
ordinances established pursuant to Minn. Stat. 342.13.
v. (Insert additional standards here)
(B) The applicant shall include with the form:
i. the application fee as required in [Section 2.3.1];
ii. a copy of a valid state license or written notice of OCM license
preapproval;
iii. (Insert additional standards here)
(C) Once an application is considered complete, the (insert local government
designee) shall inform the applicant as such, process the application fees, and
forward the application to the (insert staff/department, or elected body that will
approve or deny the request) for approval or denial.
(D) The application fee shall be non-refundable once processed.
2.3.3 Application Approval
(A) (Optional) A state-licensed cannabis retail business application shall not be
approved if the cannabis retail business would exceed the maximum number of
registered cannabis retail businesses permitted under Section 2.6.
(B) A state-licensed cannabis retail business application shall not be approved or
renewed if the applicant is unable to meet the requirements of this ordinance.
(C) A state-licensed cannabis retail business application that meets the requirements
of this ordinance shall be approved.
2.3.4 Annual Compliance Checks.
The (insert local here) shall complete at minimum one compliance check per calendar
year of every cannabis business to assess if the business meets age verification
requirements, as required under [Minn. Stat. 342.22 Subd. 4(b) and Minn. Stat. 342.24]
and this/these [chapter/section/ordinances].
The (insert local here ) shall conduct at minimum one unannounced age verification
compliance check at least once per calendar year.
Age verification compliance checks shall involve persons at least 17 years of age but under
the age of 21 who, with the prior written consent of a parent or guardian if the person is
under the age of 18, attempt to purchase adult-use cannabis flower, adult-use cannabis
products, lower-potency hemp edibles, or hemp-derived consumer products under the
direct supervision of a law enforcement officer or an employee of the local unit of
government.
Any failures under this section must be reported to the Office of Cannabis Management.
2.3.5 Location Change
A jurisdiction may decide to treat location changes as a new registration, or alternatively
treat a location change as allowable subject to compliance with the rest of the registration
process.
A state-licensed cannabis retail business shall be required to submit a new application for
registration under Section 2.3.2 if it seeks to move to a new location still within the legal
boundaries of (insert local here).
or
If a state-licensed cannabis retail business seeks to move to a new location still within the
legal boundaries of (insert local here), it shall notify (insert local here) of the proposed
location change, and submit necessary information to meet all the criteria in this
paragraph.
2.4 Renewal of Registration
The (insert local here) shall renew an annual registration of a state-licensed cannabis retail
business at the same time OCM renews the cannabis retail business’ license.
A state-licensed cannabis retail business shall apply to renew registration on a form
established by (insert local here).
A cannabis retail registration issued under this ordinance shall not be transferred.
2.4.1 Renewal Fees.
The (insert local here) may charge a renewal fee for the registration starting at the second
renewal, as established in (insert local here)’s fee schedule.
2.4.2 Renewal Application.
The application for renewal of a retail registration shall include, but is not limited to:
• Items required under Section 2.3.2 of this Ordinance.
• Insert additional items here
2.5 Suspension of Registration
2.5.1 When Suspension is Warranted.
The (insert local here) may suspend a cannabis retail business’s registration if it violates
the ordinance of (insert local here) or poses an immediate threat to the health or safety
of the public. The (insert local here) shall immediately notify the cannabis retail business
in writing the grounds for the suspension.
2.5.2 Notification to OCM.
The (insert local here) shall immediately notify the OCM in writing the grounds for the
suspension. OCM will provide (insert local here) and cannabis business retailer a response
to the complaint within seven calendar days and perform any necessary inspections within
30 calendar days.
2.5.3 Length of Suspension.
A jurisdiction can wait for a determination from the OCM before reinstating a registration.
The suspension of a cannabis retail business registration may be for up to 30 calendar
days, unless OCM suspends the license for a longer period. The business may not make
sales to customers if their registration is suspended.
The (insert local here ) may reinstate a registration if it determines that the violations have
been resolved.
The (insert local here) shall reinstate a registration if OCM determines that the violation(s)
have been resolved.
2.5.4 Civil Penalties.
Subject to Minn. Stat. 342.22, subd. 5(e) the (insert local here) may impose a civil penalty,
as specified in the (insert local here)’s Fee Schedule, for registration violations, not to
exceed $2,000.
2.6 Limiting of Registrations
A jurisdiction may choose to set a limit on the number of retail registrations within its
boundaries. The jurisdiction may not however, limit the number of registrations to fewer
than one per 12,500 residents.
(Optional) The (insert local here) shall limit the number of cannabis retail businesses to
no fewer than one registration for every 12,500 residents within (insert local legal
boundaries here).
(Optional) If (insert county here) has one active cannabis retail businesses registration for
every 12,500 residents, the (insert local here) shall not be required to register additional
state-licensed cannabis retail businesses.
(Optional) The (insert local here) shall limit the number of cannabis retail businesses to
(insert number <= minimum required).
Section 3. Requirements for Cannabis Businesses
State Statutes note that jurisdictions may “adopt reasonable restrictions on the time, place, and manner
of the operation of a cannabis business.” A jurisdiction considering other siting requirements (such as a
buffer between cannabis businesses, or a buffer from churches) should consider whether there is a basis
to adopt such restrictions.
3.1 Minimum Buffer Requirements
A jurisdiction can adopt buffer requirements that prohibit the operation of a cannabis
business within a certain distance of schools, daycares, residential treatment facilities, or
from an attraction within a public park that is regularly used by minors, including a
playground or athletic field. Buffer requirements are optional. A jurisdiction cannot
adopt larger buffer requirements than the requirements here in Section 3.1. A jurisdiction
should use a measuring system consistent with the rest of its ordinances, e.g. from lot
line or center point of lot.
(Optional) The (insert local here) shall prohibit the operation of a cannabis business within
[0-1,000] feet of a school.
(Optional) The (insert local here) shall prohibit the operation of a cannabis business within
[0-500] feet of a day care.
(Optional) The (insert local here) shall prohibit the operation of a cannabis business within
[0-500] feet of a residential treatment facility.
(Optional) The (insert local here) shall prohibit the operation of a cannabis business within
[0-500] feet of an attraction within a public park that is regularly used by minors, including
a playground or athletic field.
(Optional) The (insert local here) shall prohibit the operation of a cannabis retail business
within [X] feet of another cannabis retail business.
Pursuant to Minn. Stat. 462.367 subd. 14, nothing in Section 3.1 shall prohibit an active
cannabis business or a cannabis business seeking registration from continuing operation
at the same site if a (school/daycare/residential treatment facility/attraction within a
public park that is regularly used by minors) moves within the minimum buffer zone.
3.2 Zoning and Land Use
For jurisdictions with zoning, said jurisdiction can limit what zone(s) Cannabis businesses
can operate in. As with other uses in a Zoning Ordinance, a jurisdiction can also
determine if such use requires a Conditional or Interim Use permit. A jurisdiction cannot
outright prohibit a cannabis business. A jurisdiction should amend their Zoning
Ordinance and list what zone(s) Cannabis businesses are permitted in, and whether they
are permitted, conditional, or interim uses. While each locality conducts its zoning
differently, a few themes have emerged across the country. For example, cannabis
manufacturing facilities are often placed in industrial zones, while cannabis retailers are
typically found in commercial/retail zones. Cannabis retail facilities align with general
retail establishments and are prohibited from allowing consumption or use onsite and
are also required to have plans to prevent the visibility of cannabis and hemp-derived
products to individuals outside the retail location. Cannabis businesses should be zoned
under existing zoning ordinances in accordance with the license type or endorsed
activities held by the cannabis business.
3.2.1. Cultivation.
Cannabis businesses licensed or endorsed for cultivation are permitted as a (type of use)
in the following zoning districts:
• (Insert zoning districts use is permitted in here)
• (Insert zoning districts use is permitted in here)
3.2.1. Cannabis Manufacturer.
Cannabis businesses licensed or endorsed for cannabis manufacturer are permitted as a
(type of use) in the following zoning districts:
• (Insert zoning districts use is permitted in here)
• (Insert zoning districts use is permitted in here)
3.2.1. Hemp Manufacturer.
Businesses licensed or endorsed for low-potency hemp edible manufacturers permitted
as a (type of use) in the following zoning districts:
• (Insert zoning districts use is permitted in here)
• (Insert zoning districts use is permitted in here)
3.2.1. Wholesale.
Cannabis businesses licensed or endorsed for wholesale are permitted as a (type of use)
in the following zoning districts:
• (Insert zoning districts use is permitted in here)
• (Insert zoning districts use is permitted in here)
3.2.1. Cannabis Retail.
Cannabis businesses licensed or endorsed for cannabis retail are permitted as a (type of
use) in the following zoning districts:
• (Insert zoning districts use is permitted in here)
• (Insert zoning districts use is permitted in here)
3.2.1. Cannabis Transportation.
Cannabis businesses licensed or endorsed for transportation are permitted as a (type of
use) in the following zoning districts:
• (Insert zoning districts use is permitted in here)
• (Insert zoning districts use is permitted in here)
3.2.1. Cannabis Delivery.
Cannabis businesses licensed or endorsed for delivery are permitted as a (type of use) in
the following zoning districts:
• (Insert zoning districts use is permitted in here)
• (Insert zoning districts use is permitted in here)
3.3 Hours of Operation
A jurisdiction may adopt an ordinance limiting hours of operation between 10 a.m. and 9
p.m., seven days a week, and that State statute prohibits the sale of cannabis between 2
a.m. and 8 a.m., Monday through Saturday, and between 2 a.m. and 10 a.m. on
Sundays.
(Optional) Cannabis businesses are limited to retail sale of cannabis, cannabis flower,
cannabis products, lower-potency hemp edibles, or hemp-derived consumer products
between the hours of (insert time here) and (insert time here).
3.4 (Optional) Advertising
Cannabis businesses are permitted to erect up to two fixed signs on the exterior of the
building or property of the business, unless otherwise limited by (insert local here)’s sign
ordinances.
Section 4. Temporary Cannabis Events
Any individual or business seeking to obtain a cannabis event license must provide OCM information
about the time, location, layout, number of business participants, and hours of operation. A cannabis
event organizer must receive local approval, including obtaining any necessary permits or licenses issued
by a local unit of government before holding a cannabis event.
4.1 License or Permit Required for Temporary Cannabis Events
4.1.1 License Required.
A cannabis event organizer license entitles the license holder to organize a temporary
cannabis event lasting no more than four days. A jurisdiction should determine what type
of approval is consistent with their existing ordinances for events.
A license or permit is required to be issued and approved by (insert local here) prior to
holding a Temporary Cannabis Event.
4.1.2 Registration & Application Procedure
A registration fee, as established in (insert local here)’s fee schedule, shall be charged to
applicants for Temporary Cannabis Events.
4.1.3 Application Submittal & Review.
The (insert local here) shall require an application for Temporary Cannabis Events.
(A) An applicant for a retail registration shall fill out an application form, as provided
by the (insert local here). Said form shall include, but is not limited to:
i. Full name of the property owner and applicant;
ii. Address, email address, and telephone number of the applicant;
iii. (Insert additional standards here)
(B) The applicant shall include with the form:
i. the application fee as required in (Section 4.1.2);
ii. a copy of the OCM cannabis event license application, submitted pursuant
to 342.39 subd. 2.
The application shall be submitted to the (insert local authority), or other designee for
review. If the designee determines that a submitted application is incomplete, they shall
return the application to the applicant with the notice of deficiencies.
(C) Once an application is considered complete, the designee shall inform the
applicant as such, process the application fees, and forward the application to the
(insert staff/department, or elected body that will approve or deny the request) for
approval or denial.
(D) The application fee shall be non-refundable once processed.
(E) The application for a license for a Temporary Cannabis Event shall meet the
following standards:
A jurisdiction may establish standards for Temporary cannabis events which the event
organizer must meet, including restricting or prohibiting any on-site consumption. If
there are public health, safety, or welfare concerns associated with a proposed cannabis
event, a jurisdiction would presumably be authorized to deny approval of that event.
• Insert standards here
(G) A request for a Temporary Cannabis Event that meets the requirements of this
Section shall be approved.
(H) A request for a Temporary Cannabis Event that does not meet the requirements
of this Section shall be denied. The (insert city/town/county) shall notify the
applicant of the standards not met and basis for denial.
(Optional) Temporary cannabis events shall only be held at (insert local place).
(Optional) Temporary cannabis events shall only be held between the hours of (insert start
time) and (insert stop time).
Section 5. (Optional) Lower-Potency Hemp Edibles
A jurisdiction can establish different standards or requirements regarding Low-Potency Edibles. A
jurisdiction can consider including the following section and subsections in their cannabis ordinance.
5.1 Sale of Low-Potency Hemp Edibles
The sale of Low-Potency Edibles is permitted, subject to the conditions within this
Section.
5.2 Zoning Districts
If sales are permitted, a jurisdiction can limit what zone(s) the sales of Low-Potency
Edibles can take place in. A jurisdiction can also determine if such activity requires a
Conditional or Interim Use permit.
Low-Potency Edibles businesses are permitted as a (type of use) in the following zoning
districts:
• (Insert zoning districts use is permitted in here)
• (Insert zoning districts use is permitted in here)
5.3 (Optional) Additional Standards
5.3.1 Sales within Municipal Liquor Store.
A jurisdiction that already operates a Municipal Liquor Store may sell Low-Potency
Edibles within the same store.
The sale of Low-Potency Edibles is permitted in a Municipal Liquor Store.
5.3.2 Age Requirements.
A jurisdiction is able to restrict the sale of Low-Potency Edibles to locations such as bars.
The sale of Low-Potency Edibles is permitted only in places that admit persons 21 years
of age or older.
5.3.3 Beverages.
The sale of Low-Potency Hemp Beverages is permitted in places that meet requirements
of this Section.
5.3.4 Storage of Product.
A jurisdiction is able to set requirements on storage and sales of Low-Potency Edibles.
Low-Potency Edibles shall be sold behind a counter, and stored in a locked case.
Section 6. (Optional) Local Government as a Cannabis Retailer
(insert local here) may establish, own, and operate one municipal cannabis retail business
subject to the restrictions in this chapter.
The municipal cannabis retail store shall not be included in any limitation of the number
of registered cannabis retail businesses under Section 2.6.
(insert local here) shall be subject to all same rental license requirements and procedures
applicable to all other applicants.
Section 7 Use in Public Places
No person shall use cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived
consumer products in a public place or a place of public accommodation unless the premises is an
establishment or an event licensed to permit on-site consumption of adult-use.
Appendix B: Hemp Flower and Hemp-
Derived Cannabinoid Product Checklist
Hemp Flower and Hemp-Derived Cannabinoid Product Checklist 1
Office of Cannabis Management
Department of Health
Hemp Flower and Hemp-Derived Cannabinoid Product Checklist
Minnesota Statute 18K.02, Definitions
Minnesota Statute 152.01, Subdivision 9
Minnesota Statute 151.72, Sale of Certain Cannabinoid Products
Minnesota Statute 152.0264, Cannabis Sale Crimes
Minnesota Statute 342.09, Personal Adult Use of Cannabis
Question Yes No Comments Additional Information
Business License and Registration Compliance
Is the business registered with
the Minnesota Department of
Health?
All businesses selling hemp-derived cannabinoid products must
be registered. See Hemp-Derived Cannabinoid Products
(www.health.state.mn.us/people/cannabis/edibles/index.html)
If the business offers on-site
consumption, do they have a
liquor license?
Local authorities issue on-site consumption licenses. These are
required for all businesses permitting on-site consumption of
THC.
Product Compliance – All Products
Does the business ensure that all
sales are made to persons 21
years old or older?
Only persons 21 years of age or older may purchase hemp-
derived cannabinoid products, with the exception of topicals.
These products may be sold to anyone.
Does the business have all edible
cannabinoid products, except
beverages, behind the counter or
in a locked cabinet?
Businesses must ensure all edible cannabinoid products are
secure and inaccessible to customers.
Hemp Flower and Hemp-Derived Cannabinoid Product Checklist 2
Question Yes No Comments Additional Information
Only delta-8 and delta-9 are
allowed for human consumption.
Does the business sell edibles or
beverages with any other
intoxicating cannabinoids?
MDH has identified products containing many different
intoxicating cannabinoids, such as HHC, THC-O, THC-P, PHC,
delta-10, delta-11, delta-8p, delta-9p, etc. The product must
contain only delta-8 and/or delta-9.
Does the business sell any edible
products that are similar to a
product marketed to or
consumed by children?
Edible products that appear similar to candy or snacks
marketed toward or consumed by children are not allowed.
Does the label on the edible or
beverage state “Keep out of
reach of children”?
All products must include the warning label “Keep out of reach
of children.”
Is the manufacturer’s name,
address, website, and contact
phone number included on the
label or provided through a QR
code?
If not, the product is not in compliance.
Does the QR code on the product
bring the user to a Certificate of
Analysis on the website, which
includes the name of the
independent testing laboratory,
cannabinoid profile, and product
batch number?
All products must be tested by batch in an independent,
accredited laboratory. The results must include the
cannabinoid profile.
Does the label on the product
indicate the cannabinoids by
serving and in total?
The label must indicate the potency by individual serving as
well as in total.
Hemp Flower and Hemp-Derived Cannabinoid Product Checklist 3
Question Yes No Comments Additional Information
Does the label on the product
make any claim the product
offers any kind of health benefit?
Health claims are not permitted on hemp or cannabis products
unless approved by the FDA. At this time, there is not an
approved statement.
Does the label on the product
state that the product does not
claim to diagnose, treat, cure or
prevent any disease?
The manufacturer cannot claim the product will provide any
health benefit unless the product has been formally approved
by the FDA.
Does the business sell CBD (or
other forms of cannabidiol) in
the form of a softgel, tablet, or
tincture?
Non-intoxicating cannabinoids may only be sold in the form of
an edible, beverage, or topical. Therefore, softgels and tablets
cannot be sold. Tinctures must be labeled as either an edible or
beverage and comply with the edible or beverage
requirements.
Product Compliance – Edibles
Does the edible product contain
more than 5 mg delta-8 and/or
delta-9 per serving?
Edibles may not exceed 5 mg delta-8 and/or delta-9 per
serving.
Does the edible product
package/container contain more
than 50 mg total THC (delta-8
and/or delta-9)?
Edibles may not exceed 50 mg total delta-8 or delta-9 per
package. The edible cannot contain any other form of THC or
intoxicating cannabinoid.
Are all the edible product’s
servings clearly marked,
wrapped, or scored on the
product?
Edible product servings must be clearly distinguished on the
product. Bulk products that require the consumer to measure
are not allowed.
Hemp Flower and Hemp-Derived Cannabinoid Product Checklist 4
Question Yes No Comments Additional Information
Does the business sell any edible
products in the shape of bears,
worms, fruits, rings, ribbons?
Edibles in shapes that appeal to children are not allowed.
Is the edible product in a child-
proof, tamper-evident, opaque
container?
All edibles must be in a container that is child-resistant and
tamper evident. If the container is clear, the business must
place the edible into an opaque bag at the point of sale. Clear
bags are not allowed.
Product Compliance - Beverages
Does the beverage product
contain more than 5 mg delta-8
or delta-9 per serving?
Beverages may not exceed 5 mg delta-8 and/or delta-9 per
serving.
Does the beverage product
contain more than 2 servings?
Beverages cannot exceed two servings, regardless of the THC
potency.
Is the beverage product in an
opaque container?
If the beverage is in a clear container, the business must place
the beverage in an opaque bag at the point of sale.
Product Compliance – Smokables (non-flower)
Does the business sell vapes, pre-
rolls, dabs, or other smokable
products which contain more
than 0.3% THC?
A product’s certificate of analysis will show the concentration
of THC the product contains. The certificate typically is found
through the QR code on the product package. In MDH’s
experience, most vapes contain 50% - 90%+ THC.
Pre-rolls may consist of raw hemp flower. These products are
not regulated by 151.72. However, if a pre-roll is labeled as
“infused” or “coated” have additional cannabinoids applied to
the material, of which the product typically exceeds the 0.3%
THC limit.
Hemp Flower and Hemp-Derived Cannabinoid Product Checklist 5
Question Yes No Comments Additional Information
Does the business sell vapes, pre-
rolls, dabs, or other smokeable
products that contain other
intoxicating cannabinoids, such
as HHC?
MN Statutes do not allow any cannabinoid, other than delta-8
or delta-9, to be sold if the cannabinoid is intended to alter the
structure or function of the body. HHC is a cannabinoid known
to have potency greater than THC.
Does the business sell vapes, pre-
rolls, dabs, or other smokable
products which contain CBD?
Non-intoxicating cannabinoids cannot be smoked, vaped, or
inhaled.
Product Compliance – Flower
Does the business sell raw hemp
flower?
Raw hemp flower must contain 0.3% or less of delta-9 on a dry
weight basis. Products exceeding 0.3% delta-9 dry weight are
marijuana, and are illegal for sale.
THC-A is the non psychoactive precursor to delta-9. Once
heated THC-A converts to delta-9. In that process some
amount of THC-A is lost.
To determine whether, once heated, the hemp flower will
exceed the allowable 0.3% of delta-9, one can use a
decarboxylation formula which takes into account the
conversion of THC-A into delta-9.
That formula is as follows:
Total THC = (0.877 X THC-A) + d-9 THC)
Raw flower must include a certificate of analysis to show
testing below 0.3% delta-9.
• A lack of a certificate of analysis would constitute an
illegal sale.
Hemp Flower and Hemp-Derived Cannabinoid Product Checklist 6
Question Yes No Comments Additional Information
• A certificate of analysis showing that under the
decarboxylation formula that delta-9 would exceed
the 0.3% threshold would also indicate the flower is
cannabis and not hemp and therefore being sold
illegally.
Product Compliance – On-Site Consumption
If the business offers on-site
consumption, do they serve the
edible or beverage in its original
packaging?
The business may not pour out or remove an edible from its
original packaging.
If the business offers on-site
consumption, do they mix a
cannabis-infused beverage with
alcohol?
The business may not mix cannabis-infused products with
alcohol.
If the business offers on-site
consumption, do they permit
customers to remove from the
premises products which have
been removed from their original
packaging?
Products which have been removed from their original
packaging cannot be removed from the premises by the
customer.
NOTE: If a person suspects that a hemp-derived cannabinoid product is being sold in violation of Minnesota law, they can use the complaint
form at Submitting Hemp-Derived Cannabinoid Product Complaints (www.health.state.mn.us/people/cannabis/edibles/complaints.html).
Appendix C: Enforcement Notice from
the Office of Cannabis Management
Enforcement Notice 1
Enforcement Notice from the Office of Cannabis
Management
Dear Registered Hemp Derived Cannabinoid Business:
The Office of Cannabis Management (OCM), established in 2023, is charged with developing and implementing
the operational and regulatory systems to oversee the cannabis industry in Minnesota as provided in Minnesota
Statutes Chapter 342.
When Minnesota legalized the sale of adult-use of cannabis flower, cannabis products, and lower-potency hemp
edibles/ hemp-derived consumer products, the Minnesota Legislature included statutory provisions, Minnesota
Statutes, chapter 152.0264, making the sale of cannabis illegal until a business is licensed by OCM. The Office of
Cannabis Management has not yet issued licenses for the cultivation, manufacture, wholesale, transportation or
retail sale of cannabis, therefore any retail sales of cannabis products, including cannabis flower, are illegal.
The Office of Cannabis Management has received complaints of retailers selling cannabis flower under the label
of hemp flower. Under an agreement between The Minnesota Department of Health (MDH) and OCM,
inspectors from MDH will begin to examine any flower products being sold during their regular inspections to
determine whether they are indeed hemp flower or cannabis flower.
In distinguishing between hemp and cannabis flower, OCM, consistent with federal rules and regulations related
to hemp under 7 CFR 990.1, will consider the total concentration of THC post- decarboxylation, which is the
process by which THC-A is converted into Delta-9 to produce an intoxicating effect. The examination of raw
flower products will include reviewing the certificate of analysis for compliance in several areas, including:
Compliance with the requirement that raw flower listed for sale includes a Certificate of Analysis (COA).
Products for sale without a COA will constitute an illegal sale.
A COA that affirms concentrations of 0.3% or less of Delta-9 on a dry weight basis. Products exceeding 0.3%
Delta-9 dry weight are considered marijuana and are therefore illegal to sell.
A COA that confirms that the total levels of Delta-9 and THC-A after the decarboxylation process do not exceed
0.3%. A COA that indicates the raw flower will exceed 0.3 percent Delta-9 post-decarboxylation, or a subsequent
test conducted by an independent laboratory utilized by OCM that confirms Delta-9 in excess of 0.3 percent will
be considered illegal.
Minnesota Statutes, Chapter 342 governs Minnesota’s cannabis market, and empowers OCM to ensure
regulatory compliance. Minnesota Statutes, chapter 342.09, subdivision 4 prohibits the retail sale of cannabis
flower and cannabis products “without a license issued under this chapter that authorizes the sale.”
Enforcement Notice 2
To date, the Office of Cannabis Management has not issued any cannabis licenses, applications for licenses are
expected to be available in the first half of 2025. As such, selling cannabis is a clear violation of law. Be aware
that under Minnesota Statutes, 342.09, subdivision 6, OCM may assess fines in excess of a $1 million for
violations of this law. Likewise, under Minnesota Statutes, chapter 342.19, OCM is empowered to embargo any
product that it has “probable cause to believe . . . is being distributed in violation of this chapter or rules
adopted under this chapter[.]” Furthermore, violations of law may be considered in future licensing decisions
made by OCM.
As inspectors enter the field, we encourage you to review the products you are currently selling to ensure they
fall within the thresholds outlined above. If you have any questions related to the products you are selling,
please send an email to cannabis.info@state.mn.us.
Thank you for your attention to this matter.
Charlene Briner
Interim Director
Office of Cannabis Management
Appendix D: Notice to Unlawful
Cannabis Sellers
Notice to Unlawful Cannabis Sellers
This notice is to inform you that your current course of action may run afoul of Minnesota law, and
continuing this course of action may result in civil actions and potential criminal prosecution. To avoid
such outcomes, you should immediately cease and desist any plans to engage in the unlicensed sale of
cannabis and cannabis products.
Minnesota Statutes, Chapter 342 (www.revisor.mn.gov/statutes/cite/342) governs Minnesota’s
cannabis market, and empowers OCM to ensure regulatory compliance. Minnesota Statutes, chapter
342.09, subdivision 4 (www.revisor.mn.gov/statutes/cite/342.09#stat.342.09.4) prohibits the retail sale
of cannabis flower and cannabis products “without a license issued under this chapter that authorizes
the sale.” To date the Office of Cannabis Management has not issued any retail, or other, cannabis
licenses. As such, your plan to sell cannabis in a retail setting at this date would be in flagrant violation
of the law. Be aware that under Minnesota Statutes, 342.09, subdivision 6
(www.revisor.mn.gov/statutes/cite/342.09#stat.342.09.6), OCM may assess fines in excess of a
$1,000,000 for violations of this law.
Likewise, under Minnesota Statutes, chapter 342.19 (www.revisor.mn.gov/statutes/cite/342.19), OCM
is empowered to embargo any product that it has “probable cause to believe . . . is being distributed in
violation of this chapter or rules adopted under this chapter[.]” It is believed that products attempted
to be sold at your retail location might be distributed in violation of the law, and would therefore be
subject to embargo by OCM. Under Minnesota Statutes, chapter 342.19, subd. 2
(www.revisor.mn.gov/statutes/cite/342.19#stat.342.19.2), once embargoed OCM “shall release the
cannabis plant, cannabis flower, cannabis product, artificially derived cannabinoid, lower-potency
hemp edible, or hemp-derived consumer product when this chapter and rules adopted under this
chapter have been complied with or the item is found not to be in violation of this chapter or rules
adopted under this chapter.”
While Minnesota has legalized the sale of adult-use of cannabis flower, cannabis products, lower-potency
hemp edibles, or hemp-derived consumer products, the legislature did add new statutory provisions,
Minnesota Statutes, chapter 152.0264 (www.revisor.mn.gov/statutes/cite/152.0264), making illegal the
unlawful sale of cannabis. As there are not yet any licenses issued by OCM for the cultivation,
manufacture, wholesale, transportation, or retail of cannabis, any sales of cannabis products in excess of
the limits in 152.0264 is illegal.
If you are only planning to sell cannabinoid products that are derived from hemp, you should ensure that
the sale of those products is consistent with Minnesota Statutes, chapter 151.72
(www.revisor.mn.gov/statutes/cite/151.72), including but not limited to the requirement that your
business be registered with the Commissioner of Health, and that all products are in compliance with the
relevant statutes.
Finally, in addition to the state laws outlined above, please be aware that any retail location must be in
compliance with local government ordinances and zoning requirements.
OCM takes seriously its charge to enforce Minnesota Statutes, Chapter 342, and its responsibility to
ensure a safe and legal cannabis market. In order to avoid the above-described actions, all attempts to
open a cannabis retail dispensary in Minnesota without the appropriate license should be ceased.